Open AccessCERTAIN ASPECTS OF CONSIDERATION AND RESOLUTION OF LABOR DISPUTES IN CIVIL JUDICIAL CLAIMS
Author(s) -
І. А. Боровська
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-105-3.54
Subject(s) - labor relations , jurisdiction , labor disputes , subject (documents) , legislation , political science , law and economics , law , competence (human resources) , dispute resolution , context (archaeology) , sociology , economics , computer science , management , history , library science , archaeology
The article is devoted to the study of certain aspects of consideration and resolution of cases arising from labor relations, in civil proceedings.
The article considers the doctrinal provisions for defining the concept of labor disputes, their classification by subject composition and the nature of differences between its parties (the subject of the labor dispute). Based on the application of the appropriate classification, the problematic issues of delimitation of the jurisdiction of bodies that are endowed with the competence to consider and resolve labor disputes and determine the court's procedure for proceedings in cases arising from labor relations.
It was found that in accordance with the provisions of the current civil procedural legislation of Ukraine, cases arising from labor relations are subject to consideration under simplified procedures of civil proceedings – in the order of injunctive proceedings and simplified claim proceedings. In the context of this, scientific views on the classification of cases arising from labor relations to insignificant cases are considered and the expediency of enshrining in the CPC of Ukraine a general rule of determining the court procedure for consideration of the case by the criterion - the price of the claim for disputes arising from labor relations, and are characterized by a material component (property equivalent).
The peculiarities of cases in disputes arising from labor relations, as an independent category of cases to be considered in civil proceedings, in particular: the specific subject composition of the participants in the trial; the list of labor disputes that are subject to direct consideration in court (Article 232 of the Labor Code of Ukraine) and an alternative way of resolving disputes by labor dispute commissions (Article 221 of the Labor Code of Ukraine) are defined by law; special deadlines for appealing to the court to resolve labor disputes.
Some issues related to the implementation of the principles of civil justice - adversarial and proportionality in the consideration and resolution of relevant cases in a simplified claim procedure.
Based on the results of the study, conclusions were drawn.