Academic journal article European Journal of Sustainable Development

Peculiarities of Legal Process of Individual Labor Disputes Resolution: A Comparative Analysis of Legislation in Some European Countries

Academic journal article European Journal of Sustainable Development

Peculiarities of Legal Process of Individual Labor Disputes Resolution: A Comparative Analysis of Legislation in Some European Countries

Article excerpt

1. Introduction.

At the present stage of development, the labor legislation of the Republic of Kazakhstan (RK) requires an improvement of the standards in a pre-trial review legal regulation and individual labor disputesresolution, which, in our opinion, is possible only by studying the experience of countries successful in this direction.

A Belgian scientist Professor R. Blancpain believes that "... analysis of foreign legal regulation systems of labor is a huge advantage that allows to consider its own national experience in the aspect of international experience; when learning foreign legal systems often you have to experience culture shock when you find out that a particular problem is solved completely in a different way. And this makes to analyze and assess the problem of its national labor law now at a different angle one more time, in a new aspect of a rich understanding of the nature of the problem" (Comparative Labor Law, 1993).

One of the most important tasks of comparative legal research is to compare the development of the national labor law with the global trends and on this basis to identify "the extent to which national labor law system is synchronized with these trends, if it is ahead of world development, or behind him, or moves in another opposite direction" (Schgregle, 1981).

According to a prominent Russian scientist S. Kashkin, the European Union (EU) today has the most advanced social security system in today's world, the foundations of which were laid in the first half of the XX century. However, as in any other field of activity, there is always the need for its improvement, perfection; in relation to social policy - improving the living standards and social protection of citizens (Kashkin, 2012). Thus, having formed EU, Member States have consolidated in the Treaty on EU (Article 2) a general agreement on the need "to promote throughout the Community ... a high level achievement in employment and social protection, equality between men and women ... raising the standard of living and quality of life" (Treaty on European Union, 1992).

That is why the study of the labor rights of foreign countries in today's globalized economics and law conditions, the growth of international economics and humanitarian contacts, is becoming a necessary part of the development of any country.

The ongoing legal reforms in European countries as well as in the Republic of Kazakhstan (the RK) in the field of labor relations reflects the idea of achieving the main objective of the labor legislation - the agreement of economic objectives and the protection of the individual, including their rights and freedoms in the field of labor.

The management principles of the performance improvement developed by the International Labor Organization declared that the "labor relations depend on the interaction between employees and employers. The nature of their interaction depends on the environment in which they operate, as well as the type of dispute that they are seeking to solve. A lot of controversy, but not all, can be resolved by the parties on the basis of consensus, dialogue and negotiation" (2013).

At the same time legislation in many countries provides for a judicial resolution of labor disputes.

There are numerous examples of the creation and operation of labor courts in the world (e.g., Austria, Germany, Brazil, Hungary, Spain, Turkey, Finland and etc.).

The activity of specialized labor justice has proven to be the necessity and usefulness as one of the institutions of social and legal infrastructure to facilitate an efficient settlement of labor disputes in the best interests of the disputing parties and society and thus ensure social peace.

The important role of the institutions of a specialized labor justice in the development of labor law, its credibility enhancement and a consolidation to achieve internal consistency, the elimination of gaps in law enforcement practice, and its improvement is generally recognized. …

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