Infopaket

Resolution of Labor Disputes

Д.В.С.3.03.

Вибіркова дисципліна для ОП

First

2021/2022

8 Semester

5

Obtaining professional competence within the educational qualification level of “Bachelor” in the “Law” specialty, “Labor Law”" specialization. As a result of studying the course the student must know: the definition of labor disputes as a legal phenomenon in different meanings; general procedure for resolving of labor disputes; the content of the main legal acts governing the procedure for resolving labor disputes; the status of persons involved in legal relations for the settlement of labor disputes, the benefits of pre-trial settlement of labor disputes be able to: independently analyze the circumstances that directly cause conflicts between the employee and the employer or contribute to their occurrence; analyze judicial practice; make reasonable conclusions about the legal position of the parties to the labor dispute; argue the legal position on the subject of the dispute, etc.

Getting a credit in the “Labor Law” discipline Knowledge of labor legislation at the level of general institutions.

The concept of "labor dispute". The correlation of "conflict", "legal dispute", "labor dispute" notions. "Labor dispute" as a legal construction. The concept of the causes of labor disputes and their types. Activities of other subjects of labor law to eliminate the causes and conditions of labor disputes. The concept of "moment of labor dispute origin" and its meaning. Correlation of the concepts "moment of labor dispute origin", "moment of labor relations accrual", "moment of concluding an employment contract", "moment of violation of labor rights", "moment of disagreement between the parties to labor relations". Responsibilities of the parties to the employment relationship for direct negotiations to resolve conflicts. The order of creation and functioning of the commission. Labor disputes that are resolved directly by the court. Methods of judicial protection of labor rights. Labor disputes over the reinstatement of illegally fired workers. Disputes over the recovery of wages.

Novikov D.O., Lukyanchikov O.M, Zhukova A.I Individual labor disputes in questions and answers: textbook. Kh.: H.Skovoroda NPU of Kharkiv, 2019. 136 p. Buryak V. Ya. Alternative ways of resolving labor disputes require legislative support // University scientific notes. 2017. № 63. pp. 184 - 192 Vavzhenchuk S.Ya. Safeguarding and protection of labor rights of workers: textbook. Kh.: Law, 2016. 560 p. Bek V.P Peculiarities of resolving labor disputes about reinstatement of an employee // Bulletin of the National University “Lviv Polytechnic”. Legal sciences. 2016. № 837. pp. 168–174 Deineka V.M Conciliation procedures for resolving labor disputes. PhD thesis 12.00.05 - labor law; social security law. Odessa: Nat. academ. “Odessa Law Academy”, 2015. 200 p.

Solving problems, answering questions, preparing a report, module test, participating in discussions, independent work, including filling in a workbook.

The evaluation is carried out according to the modular rating system. The module 1 includes topics 1 - 2, the module 2 includes topics 3 - 4, the module 3 includes topics 5 - 6. Attendance at lectures and practical classes, performance of the types of independent work established by the program are obligatory for a successful course completion. Correspondence scale (on a 100-point scale): 1 - 59 - not credited, 60 - 100 – credited.

Ukrainian