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Procedure Terms to Appeal to Court for Employee in Labor Disputes

Student: Esebua Georgiy

Supervisor: Elena Serebryakova

Faculty: Faculty of Law

Educational Programme: Legal Support of Personnel Management (Master)

Year of Graduation: 2019

Unresolved disagreement between employees and employers are matter of individual labor disputes, which can be considered in court. On the one hand, legislator have to guarantee the right to appeal to court for employees. On the other hand, legislator have to establish procedure terms to appeal to court in national labor law. The purpose of this research is to identify key problems in legal regulation and law enforcement practice of terms to appeal to court for employee in labor disputes and suggest improvements in legislation in this sphere. In the process of research general scientific methods (induction, synthesis, analysis, etc.) and private scientific methods (historical method, system-structural method, comparative legal method, etc.) were used.The theoretical basis of this research was the work of Kokova L.R., Presnyakova M.V., Kryzhana V.A., Kostyan I.A. etc. The empirical basis of this research was - international legal acts, russian labor legislation and judicial practice. In this work we researched the general theoretical aspects of terms to appeal to court, as a result of which we formulated definition of “terms to appeal to court in labor disputes” , determinated the relationship between the terms “terms to appeal to court” and “limitation period” , formulated the main trends of national and foreign legal regulation of terms to appeal to court in labor disputes. In this research we formulated proposals for improving the legal regulation and law enforcement practice in terms to appeal to court for employees in labour disputes, including the "calendar" counting of terms to appeal to court, the possibility of suspending the time periods for workers to go to court, as well as сhanges to avoid problems with counting of terms to appeal to court for employees in different categories of labor disputes.

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