The Good Faith Principle in Labor Relations

The present final qualifying work consists of complex comprehensive research aimed at study such a phenomenon as the abuse of right regarding to labour relation. The purpose of this work is to confirm the validity of the need to consolidate the Good Faith Principle in Labor Relations at the level of the Labor code of the Russian Federation (hereinafter RF LC), due to the fact that the principle above mentioned is missing in the current legislation. The research found that the problem of the abuse of the right has been long known. Russian realities point to necessity of an eradication of gaps in the current legislation which spawn of the abuse of the right in the labour relations;in the theory scientists have been developed different approaches to the concept of the researching phenomenon. The results of the review of the analysis of judicial practice, which was carried out in this research revealed the most common abuses of the right of the employee and the employer and their classification was carried out as well. In addition, recommendations are presented formulated on the basis of the received researches, which as expected, can be considered as proposals for improvement of the current legislation in the labour relations area. In particular, the proposal to expand the article 2 of the Labor Code RF by supplementing of indication on such a law principle as prohibition of the inadmissibility of the abuse of right in the labor area; prohibition of abuse of right and the concept of abuse of right should be included as a new article to the Labor Code RF. The questions and problems considered in this research work show that the legislation is imperfect and the social relations are ahead of legislative regulation therefore, it is necessary to make monitoring and analyze the norms, causing their ambiguous interpretation in order to avoid the admission of the abuse of right and for their further change.