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   Course Title    Labour Law
Lecturer    Maxim P. Choulik
Institution    Rostov Law Institute
Country    Russia


 

I. AIM OF THE COURSE:

This course develops students knowledge and understanding of labour relations as well as essential labour laws governing terms and conditions of employment, with particular reference to Russia. This course explores the role of law in ordering industrial relations in Russian society. The form and structure of legal regulation of employer-employee relations is influenced by historical, economic and political factors. Students will be expected to gain an understanding of the various factors in the industrial relations system, the institutional relationships among the actors, and some of the norms and rules that are developed within the labour law system.

 

Learning outcomes:

At the end of this course students should:

·        demonstrate an appreciation of the industrial, economic and social contexts in which labour is regulated;

·        demonstrate an understanding of the significance and content of the contract of employment and its relationship to industrial awards and workplace agreements;

·        demonstrate an understanding of federal anti-discrimination law and law regulating occupational health and safety;

·        describe the role of the Russian Constitution in the federal system of industrial relations;

·        demonstrate an understanding of the operation of the federal system of conciliation and arbitration, the nature and significance of awards, the legal regulation of workplace agreements and the provision of minimum terms under the federal industrial legislation;

·        demonstrate an understanding of the role of law in regulating industrial conflict;

·        demonstrate an understanding of the legal regulation of trade unions;

·        demonstrate the skills required in applying legal rules and principles to factual situations in problem solving exercises.

 

II. ROLE OF THE COURSE IN THE OVERALL DEGREE CURRICULUM:

This course is compulsory for students who specialize in civil law.

 

III. METHODS USED:

·        presentation of a mandatory text in class, with impulses for debate;

·        test (multiple choice);

·        discussions;

·        essay;

·        final term paper.

Students will also be expected to read the Russian Labour Code. Details will be given in class concerning which sections students should be reading. Analysis of the assigned material will take the form of classroom discussion in which everyone is expected to participate, supplemented by lecturing. Problems may be assigned from time to time for review in class, and all students are expected to prepare answers in advance. Only by participation in class discussions combined with advanced preparation can students expect to obtain maximum benefits from the course.    

 

 

IV. COURSE CONTENT:

 

The course consists of the following units:

 

Week 1. Theoretical approaches to labour relations.

Historical aspects origin of labor relations. Social, economic and legal principles of labor relations. Special terminology of labor law.

 

Our intention is to offer a brief historical outline of the evolution of labor law which is more thematic than chronological in nature. We consider in turn five central themes in the development of labor law. Its collective organization, the relationship between collective bargaining and social legislation, the evolution of the employment relationship, the impact on collective bargaining of wider forms of state intervention, the legal policies aimed at enhancing the flexibility of the labor market.

 

Week 2. Environmental influences on labour-management relations.

Description of factors, which have important meaning for labor management. Explanation of legal scheme interrelations between employee and employer.

 

Week 3. The constitutional bases of the federal system of industrial relations.

The beginning of constitutional regulation of industrial relations based on the declaration in the Russian constitution’s main labour rights. The constitution is the legal base for all normative acts including federal labor laws. Also the Russian constitution includes important principles of international labor law and international labor conventions.

 

Week 4. The tripartite relationship of workers, employers and the government.

The discipline of labour law is defined in part by its subject-matter, in part by an intellectual tradition. Its immediate subject-matter consists of the rules which govern the employment relationship. Broader perspective would see labour law as the normative framework for the existence and operation of all the institutions of the labour market.

 

Week 5.  Legal conditions of employment.

It was only with the advent of employment protection legislation in the 1960s and 1970s that the individual contract of employment  came to assume the importance which it has in modern law. Starting with the contract of employment acts, a basic floor of statutory rights was put in place, granting employees certain protections against loss of income and employment.

 

Week 6. The contract of employment including rights and obligations of  employees.

The basic conceptual framework for the individual employment relationship is provided by contract. Sense in which employment seems to lack the normal features of a contract is that agreement between the parties plays a relatively minor role in determining the substance of their reciprocal obligations. If an employee is party to an agreement unlawfully to evade tax or national insurance contributions, or to commit some other unlawful acts, the contract may be void on the grounds of illegality.

 

Week 7. Anti-discrimination and occupational health and safety legislation.

Having examined the meaning of the concept of discrimination, we turn to a consideration of the substance of protection contained in the two principal anti-discrimination acts. Important issues here include the precise scope of the prohibited grounds. The nature of the employment-related benefits covered by the equality principle. The extent of the exceptions allowed by the legislation and the remedies available for breach of the law. Sex, marital status, race and disability are the only grounds upon which employment discrimination is generally prohibited under the law of the Russia.

 

The subject of occupational health and safety is substantial in its own right. Much of health and safety law operates by imposing regulatory duties upon employers which are enforced through the powers of the health and safety inspectorate and, ultimately, the sanctions of the criminal courts. The detailed provisions of these public-regulatory statutes and their mechanisms of enforcement lie outside the scope of this work.

 

Week 8.  Wage determination practices.

Control and supervision organs for labour guarding are special state inspections and professional unions. Ministries and departments realize inner control under the command organizations. Officials of state supervision organs (state inspectors) for labour guarding have a rights to unimpeded visits to any enterprises, to conduct investigation of accidents, they have access to all necessary information.

 

Week 9. Labour disputes and their settlement.

Concept of labour argument. Before the labour arguments arise in the labour relations sphere direct cause of arguments is the labor offense. Labour offense is guilty non-fulfillment by obliged subject his (her) labour obligation in the sphere of labour relations. Labour offense is not the labor argument. Organs which consider labour arguments appear: commission by labour arguments, city (town) courts, the higher organs of power, administration, trade unions.

 

V. READINGS:

 

Mandatory:

·        Sirovatskaya L. Labour Law. Hight school, Moscow. 1995.

·        Gusov K, Kurilin M. International regulate of labour. Moscow. 1992.

·        Kisilev I. International labour. Lawyer, Moscow. 1997.

·        Gusov K. The Law of social maintenance. Prospekt, Moscow. 1999.

·        Buyanova M, Kondratieva Z, Kobzeva. Labour Law. Lawyer, Moscow. 1997.

·        Gusov K, Tolkunova V. Russian Labour Law. Lawyer, Moscow. 1999.

 

Recommended:

·        Simon Deakin and Gillian S Morris. Labour Law. Butterworths, London 1998.

·        Sir John Wood. Dispute Resolution – Conciliation, Mediation, and Arbitration in Legal Intervention in Industrial Relations: Gains and Losses. Blackwell, Oxford. 1992.

·        Wedderburn. Labour Law and Freedom. Lawrence and Wishart, London. 1995.

·        Aleksandrov N, Ginsburg L, Denisov A. Labour Law. Soviet encyclopaedia, Moscow. 1963.

 



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