Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


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Russian
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Article type: 
Article
UDC: 
347.93

Terms Appeal to the Court: Obstacles to the Protection of Employee or a Way to Fight the Abuse of Rights

Autors: 
Kurenkova Olga Nikolaevna, Saratov State University
Abstract: 

Introduction. The article devoted to the urgent and important issue for modern Russia abbreviated terms apply for the protection of workers’ rights. Objective. The main objective of this paper is to analyze the practical situations where a shorter period, prevented workers to protect their rights and situations where employees have abused their right to go to court and did it on the last day of the deadline. Also the aim is to analyze the problems of protection of workers’ rights oversight bodies subject to broad interpretation jurisprudence maturities in court. Results. The author consistently discussed various practical situations use abbreviated terms recourse for workers with formal-logical method by studying the practice of the State Labour Inspectorate and the courts of the Saratov region investigated the data situation and draw some conclusions on the protection of workers’ rights. Besides concluded the need to improve labor legislation. Conclusions. Author draws conclusions about the state policy and oversight of the positive role of the judiciary as well as pre-trial protection of workers’ rights. The paper also emphasizes the adequacy and effectiveness of powers set out under the supervision of the Institute of compliance with labor legislation. In the implementation of supervisory powers, the State Labour Inspectorate specific role for the protection of labor rights violations of individual employees on their applications that emphasizes its importance as a form of self multidimensional oversight of the Federal Service for Labour and Employment.

Reference: 
  1. Trudovoy kodeks RF (TK RF) ot 30 dekabrya 2001 g. № 197-FZ. Glava 61. Rassmotrenie i razreshenie individualnyih trudovyih sporov [The Labour code of the Russian Federation. Chapter 61. Consideration and resolution of individual labor disputes]. Sobranie zakonodatelstva Rossiyskoy Federacii [Collection of legislation of the Russian Federation], 2002, no. 1 (part 1), article 3 (in Russian).
  2. O poryadke rassmotreniya ob rascheniy grazhdan Rossiyskoy Federatsii: federalnyiy zakon ot 02 maya 2006 № 59-FZ (red. ot 07 maya 2013) [On the order of consideration of references of citizens of the Russian Federation: Federal law dated 02 May 2006, № 59-FZ]. Sobranie zakonodatelstva Rossiyskoy Federacii [Collection of legislation of the Russian Federation], 2006, no. 19, article 2060 (in Russian).
  3. Postanovlenie Plenuma Verhovnogo Suda RF ot 17 marta 2004 g. № 2 «O primenenii sudami Rossijskoj Federacii Trudovogo kodeksa Rossijskoj Federacii» [Resolution of the Plenum of the Supreme Court of the Russian Federation of 17 March 2004, № 2]. Byulleten Verhovnogo Suda RF [Bulletin of the Supreme Court of the Russian Federation], 2007, no. 3 (in Russian).
  4. Zakonoproekt o vnesenii izmeneniy v st. 392 Trudovogo kodeksa RF (The draft law on introducing changes in article 392 of the Labour code of the Russian Federation). Available at: http://www.garant.ru/news/navigator/2013/05/ (accessed 15 May 2013).
Received: 
19.11.2013
Accepted: 
18.12.2013