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The Alternative Labour Disputes Resolution

Student: Popkova Laura

Supervisor: Olga Karpenko

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

This study is devoted to the comprehensive analysis of alternative labour disputes resolution, the establishment of this institute in international practice and the possibility of its broader application in the Russian Federation. Having looked into the matter of the specifics of the out-of-court settlement, the provisions of international instruments, the legislation of the Russian Federation and other States; having examined the international experience, the assessment was made of the possibility of alternative resolution of individual labor disputes in the Russian Federation. At present, the most practically applicable way of out-of-court resolution is the consideration of a dispute in the labour dispute commission, as a body provided and regulated by the Labor Code. It was concluded that the following changes should be made to the labour legislation: to fix the provision according to which employers and employees should try to resolve disputes by reaching an agreement; to establish minimum qualification requirements for members of the Commission; to introduce mandatory training in labor legislation and the basics of negotiation; to establish the procedure for filing and reviewing challenges to members of the Commission, and suspending dispute resolution for the period of their replacement; to divide the Commission's activities into two proceedings: conciliation (aimed at resolving the dispute between the employer and the employee by reaching an agreement) and ordinary (the procedure currently carried out by the Commission).

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