DEFINITION AND CHARACTERISTICS OF LABOR DISPUTES

Authors

DOI:

https://doi.org/10.46991/S&L/2023.96.190

Keywords:

labor dispute, conflict, violation of work-related rights, labor contract, dispute settlement body, characteristics of labor dispute, subordination

Abstract

The article analyzes the problems related to the definition of the term "labor dispute" and the characteristics of the labor dispute. As a result of the study, by performing a comparative analysis of the definitions of the term "labor dispute" found in various doctrinal sources and foreign legislative regulations, it was emphasized that in the presence of non-uniform approaches to the definition of the term "labor dispute", it is necessary to ensure a comprehensive definition of the concept of "labor dispute" by legislation, and also to emphasize that the labor dispute arises in the presence of an unsolved disagreement, and not from the moment of applying to the body that solves the dispute. In addition, the concept of "labor dispute" should include all types of labor disputes, such as disputes arising due to disagreements arising during carrying out of employment relations and termination of employment relations, as well as disputes arising during the process of forming labor relations. The work also refers to the characteristics by which the labor dispute differs from other civil disputes, through which an opportunity will be created to determine the legal regulations that solve the dispute in the most effective way. The solutions proposed as a result of the study will lead to a comprehensive definition of the term "labor dispute" in RA legislation and the existence of more effective structures for separating labor disputes from other civil law disputes.

 

 

Author Biography

  • Henrik Khundkaryan, Yerevan State University

    PHD Student at the YSU Chair of Civil Procedure,
    Assistant of a Judge of the Court of Cassation of the Republic of Armenia

Published

2023-09-30