The concept of a collective labor dispute and its place in the protection of labor rights

The article determines the significance of labor rights in the mechanism of ensuring fundamental human rights, in particular the right to work and the right to a decent standard of living. Attention is drawn to the fact that in the sphere of labor relations, the most common are disagreements between their subjects, caused by the clash of interests of labor and production, the interests of the employee and the employer. It is noted that the defining characteristic of collective labor disputes is that they include not only disputes about the law that arise in the process of applying labor legislation, but also disputes about interests. The latter occur when establishing new or changing existing socio-economic conditions of labor and production life, as well as when concluding or changing collective agreements and agreements. When defining the concept of a collective labor dispute, attention is drawn to the fact that the legislator continues to use the Russian term «disagreements», while in the conditions of modern development of labor law it is appropriate to use the term «contradictions» proposed by scientists. The inexpediency of distinguishing the concepts of “collective labor disputes” and “collective labor conflicts” is substantiated, since the use of the terms “dispute” and “conflict” that are different in form but the same in content does not lead to differences in their legal nature and does not have an independent legal meaning. The author supports the legislative initiative to consolidate the division of collective labor disputes into disputes of interests (disputes that arise regarding the establishment of new or changes to existing working conditions, the conclusion of new or amendments to collective agreements and agreements) and disputes about rights (disputes regarding the implementation, fulfillment or non-fulfillment of existing rights and obligations established by labor legislation, collective agreements and agreements, local regulatory acts of the employer, as well as their interpretation). It is substantiated that, given the conciliatory and conciliatory nature of resolving collective labor disputes, the principles (principles) in accordance with which the relevant conciliatory and conciliatory procedures are carried out acquire decisive importance. The importance of compliance of the principles of collective labor dispute resolution proposed by the legislator with international legal standards of voluntary reconciliation of the parties in the field of social and labor relations is emphasized.