Legal regulation of dismissals of international employees in the EEU: conflicts, gaps, proposals

Abstract

The issues of legal regulation of dismissals of international employees within the framework of the Eurasian economic union (EAEU) are quite complex, incomplete, and contain a number of conflicts and gaps. The law of the EAEU, formed to date only partially regulates labor relations, including their termination, with the participation of officials and employees of the Eurasian economic commission and the Secretariat of the Court of the EAEU. Conflicts arise due to the functional immunity of the EAEU bodies and their employees on the one hand, on the other hand, The Treaty on the EAEU allows the subsidiary application of the legislation of the host country of the relevant EAEU bodies. The decisions of the EAEU Court, although some legal positions are expressed on these issues, but there are no universal answers about which bodies and the rules of law should resolve labor disputes on dismissals of international employees of the EAEU. Based on normative and doctrinal sources, the article draws conclusions on the solution of the issues raised. In particular, it supports and additionally argues for the need to move from regulating internal issues of the organization by national law to developing the adoption of internal staff regulations, taking into account the specifics of the work of this category of international officials and the best practices and legislative models developed in the national labor law of the EAEU member States. The proposal to establish a Tribunal for the settlement of labor disputes with the participation of international employees of the EAEU bodies to transfer such disputes to supranational jurisdiction is justified.

Keywords:

labor law, dismissal, international employee, labor relations, Eurasian Economic Union, Eurasian Economic Union Court, European Economic Community, conflict, jurisdiction