ANALYSIS OF CERTAIN PROCESSUAL FEATURES OF CONSIDERATION OF INDIVIDUAL LABOR DISPUTES IN LOCAL COURTS

Abstract

The protection of workers' labor rights is a
combination of jurisdictional and non- jurisdictional
forms, as well as procedural, procedural and
organizational, material and legal measures to
restore violated rights, and to end labor law
violations.
Jurisdictional form of protection involves the
activities of specially сommissioners institutions for
the protection violated or disputed rights. The most
prevalent form of national jurisdictional forms is
jurisdictional protection. The jurisdictional
protection is one of the most important guarantees of
the protection of workers' labor rights. Disputes
which are arising from labor relations are
considered by the courts in accordance with the
general rules of the proceeding, but they have some
procedural peculiarities concerning the terms of
appeal to the court for the resolution of a labor
dispute, the jurisdiction of labor disputes, court
costs, evidence in court in labor cases, etc.
The purpose of this article is to research the
peculiarities of consideration by the courts of labor
disputes at the present stage of the reform of civil
procedural and labor legislation.
The conducted research allows to make the
following conclusions. First, judicial practice plays a
significant role not only in law enforcement but also in the improvement and reform of labor law.
Secondly, in the administration of justice, the courts
protect the rights and interests of employees and
employers guaranteed by the Constitution and labor
law in new socio-economic conditions. Third, disputes which are arised from employment relationships are considered by the courts under the general rules of lawsuit, but have some procedural features regarding the terms of appeal to court for the resolution of labor disputes, the jurisdiction of labor disputes, costs in litigation, establishment before labor courts.
Key words: specific procedures, labor disputes, court, civil procedural law, the protection of labour rights, employee's interests, action proceedings.