A Mediation Agreement in Labour Relations. Russia and Italy

By Valeev, Damir Kh; Sitdikov, Ruslan B. et al. | Journal of Organizational Culture, Communications and Conflict, January 1, 2016 | Go to article overview

A Mediation Agreement in Labour Relations. Russia and Italy


Valeev, Damir Kh, Sitdikov, Ruslan B., Sitdikova, Roza I., Gabidullina, Alina I., Journal of Organizational Culture, Communications and Conflict


INTRODUCTION

Unlike the procedure of settlement of labour disputes regulated by the legislation of a number of Western contries, the Russian labour laws do not pay due regard to the pre-trial settlement of labour disputes.

The lack of constructive mechanisms of their pre-trial settlement has determined the mass reference of workers to the regular courts. Many references for the defence caused the low level of settlement of labour disputes, poor quality of court adjudication, including miscarriages of justice.

The study has found that judgements passed on industrial cases are often insufficiently well-reasoned, well-grounded, at the same time, the conflicts among the workers and employers, irrespective of the formal settlement of disputes, do never stop and sometimes it intensifies.

In this connection, it is highly important to pay close attention to the mechanisms of adjustment of differences which, on the one hand, would be available, inexpensive and convenient, on the other hand, insure the implementation of the right of defence of infringed or disputed interests of both the workers and the employers and just settlement of individual labour disputes, execution of the adopted decisions.

Theoretical and practical conclusions obtained as a result of investigation develop the regulations of industrial law and can be used in further improving the legislation that regulates the procedure of pre-trial adjustment of labour disputes.

MATERIALS AND METHODS

The article has a theoretical, comparative legal character, there are the observations, the use of mediation procedure in labour disputes in Russia and Italy has been defined and estimated.

General scientific methods have been also applied: logical, analysis, synthesis.

Normative and legal acts of Russia and Italy are assumed as basis as well as the positions of leading scientists in the sphere of mediation.

RESULTS

The article investigates and analyses the issues of mediation application, drawing up mediation agreement in case of arising labour disputes in Russia and Italy. It is generally assumed that the most common conflicts are those that touch upon the labour relations. It is important that juridical approach to definition of labour dispute implies appeal to legislation. So, from the point of view of Labour Code of the Russian Federation, labour dispute arises after its having been referred to a certain body, for example, labour disputes commission or court of law. It is obvious that such treatment does not though rule the possibility of using the procedure of mediation to labour disputes but significantly restricts it. Therefore, the Law interprets the notion of "dispute appearing in labour relations" wider than the notion of "individual labour dispute", fixed in the Labour Code of the Russian Federation. The case in question must in essence be labour disputes. Thus, labour dispute can be defined as a process of conflict of interests and positions of parties following from labour relations. The subjects of this field of interrelations are the workers and the employers. It is evident that the risks are great in such situations: inefficient work, setback in production, termination of the employment contract, whereby people try to solve the problem promptly. That is why they should be careful in the choice of a method of settlement of disputes. So, at the modern stage of development of conflictology mediation has become widespread.

There are basic principles of mediation that make it possible to determine the specifics and significance of this procedure (?Russian Gazeta?, 2010). In particular, the principle of neutrality involves an absolute impartiality and non-judgemental quality of the mediator in relation to the parties; the principle of equal rights means equal treatment of all participants of the process; the principle of confidentiality ensures non-disclosure of information obtained in the course of the procedure, focuses on the progress of frankness and confidence from conflicting parties; the principle of voluntariness manifests itself in free attendance of the participants and their opportunity to stop the process at any moment. …

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