独立后苏联国家的工会对劳工权利的保护

M. Inshyn, Serhii Vavzhenchuk, K. Moskalenko
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引用次数: 2

摘要

工会在保护各国雇员方面发挥着越来越重要的作用。本文旨在概述后苏联国家工会保护劳工权利的法律规制方面的问题。研究的基础是各种一般的哲学方法(辩证法),一般的科学方法,如综合分析方法、归纳演绎法,以及特殊的法律方法,包括比较法和建模法。上述方法的选择是由本研究的目的决定的。一些国际公约、这些国家的宪法(因为这是一项特殊的宪法权利,受到国家的特别保护)及其国家立法制定了关于后苏联国家工会保护劳工权利的法律规则。一些后苏联国家现在是欧盟成员国(立陶宛、拉脱维亚、爱沙尼亚),并受欧盟地区法规的约束。每个后苏联国家在保护劳工权利方面都有自己的判例、法律实践和传统,因此在这种保护、雇员代表和劳工立法结构方面都有自己的民族特点。作者进行的分析表明,国家立法者没有充分遵守国际劳工组织制定的国际标准,也没有充分保障结社自由。建议所有上述国家要么修改某些立法,要么监督现有法律草案,使其符合若干国际公约中规定的规则。作者还指出,后苏联国家的工会并不总是有效的
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Protection of labour rights by trade unions in separate post-Soviet countries
Trade unions play an increasingly more critical role in protection of the employees of every state. This article aims to outline the problems with regard to the legal regulation of labour rights protection by trade unions in post-Soviet countries. The research is based on a system of various general philosophical methods (dialectical method), general scientific methods, such as methods of synthesis and analysis, induction and deduction, and special legal methods, including comparative legal method and the method of modelling. The choice of the mentioned methods was determined by the purpose of this study. The legal rules on protection of labour rights by trade unions in post-Soviet countries are set up by a number of international conventions, Constitutions of such countries (as this is a special constitutional right, being under a special protection of the state) and their national legislative acts. Some of the post-Soviet states are now members of the EU (Lithuania, Latvia, Estonia) and are subject to regional EU regulations. Every post-Soviet State has its own jurisprudence, legal practice and traditions of labour rights’ protection and hence has its own national peculiarities with regard to this protection, the representation of employees and the architecture of labour legislation. The analysis conducted by the authors shows that the national legislators were not fully following the international standards established by the International Labour Organization and did not fully secure the freedom of association. All the mentioned countries were recommended either to change some pieces of legislation or to supervise the existing draft of laws to make them meet the rules set in a number of international conventions. The authors have also stated that trade unions in post-Soviet countries are not always effective
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