Lyutov, N.L. The problem of conflict of social rights of workers and economic rights of employers in corporate activities: comparative legal aspect

Abstract: The article includes analysis of the balance between the economic rights of employers and social labor rights of workers (employees) in their comparative legal aspects. The author also compares these issues in the Russian legal system and the system in the EU states. Then he formulates the conclusions that if compared with the EU legislation, the Russian legislation is much less balanced and it seems to support the rights of employers at the cost of rights and lawful interests of the employees. The author then shows the parameters by which the Russian legislation may be cardinally improved in order to achieve the optimum balance of the interests of the parties. Considering the current discussion among the experts on the possibility of application of the German industrial council system in Russia, the author analyzes its key features and formulates the conditions under which some of elements of this system may be used. The author points out that it is not acceptable to lower the role of the trade unions and that it is necessary to guarantee the independence of the representative bodies of workers from the pressure by employers.

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