Pre-trial procedure for resolving of individual labor disputes in the Republic of Belarus: present state and prospects of development
Labor relations represent the interaction of an employee and employer, related to each other by mutual rights and obligations, which are regulated by legislative acts, a collective agreement, agreement, labor contract and other acts. As with any other interaction between the two sides, which often have not only common, but also opposite interests, in labor relations disputes can arise, the effectiveness of the resolution of which is of particular interest. In the introduction it is defined the relevance of the resolution of individual labor disputes in the pre-trial procedure, as well as the main mechanisms for the resolution of individual labor disputes established by the labor legislation of the Republic of Belarus. The purpose of the research is to study the theoretical aspects of legal regulation of the pre-trial procedure for resolving individual labor disputes, as well as the development of proposals aimed at improving labor legislation. In the main part the study of the mechanisms for resolving individual labor disputes in pre-trial procedure is presented. Specific features of individual labor disputes in the Labor Disputes Commission are determined. The order of consideration of disputes by bodies of reconciliation, mediation and arbitration, with participation of a mediator is studied. The law-enforcement practice of resolving individual labor disputes is analyzed. The advantages and disadvantages of each of the ways of settling individual labor disputes used at the pre-trial stage are established. The main directions for improving the institution for resolving labor disputes in the current legislation of the Republic of Belarus are determined. In the conclusion the results of the study are summarized, the main findings and provisions are formulated. The received results can be applied at perfection of the labor legislation, development of the local standard legal certificates regulating the order of the permission of individual labor disputes in the organization; expanding the list of individual labor disputes to be resolved through alternative methods.