The development of the legal mechanism for resolving conflicts in the world of work in Russia: a brief historical essay

Abstract

In this article it examines the historical development of the legal mechanism for resolving labor disputes in the Russian Empire and the USSR and the criteria for distinguishing between different types of labor disputes at different stages of state development and it ways to resolve labor conflict and it shows the competence of the organs to resolve labor disputes. The first norms about the procedure for resolving labor disputes in the Russian Empire were administrative in nature and they assigning the functions of resolving conflicts in the world of work not only to the courts but also to factory inspection and the creation of conciliation
institutions dates back to the early 20th century. The creation of a clear system for resolving labor disputes is associated with the beginning of a new economic policy and the adoption of the second Code of labor laws in 1922. During this period the choice of a method of resolving a labor conflict was made dependent on the nature of the disagreements that arose between the parties and not on the quantitative composition of the parties to the dispute and the legislation provided for two ways to resolve labor conflicts: judicial and conciliation-arbitration. The disputes about the law could be resolved both by conciliation and jurisdictional organs and disputes about interests could be resolved exclusively in a conciliation and arbitration order. The liquidation of private industry and the centralization of the mechanism for determining working conditions led to the fact that any conflict between the employees and the administration of the enterprise turned into a national conflict which led to the cessation of the functioning of the institution of conciliation and arbitration organs. As a result of this the disagreements on the establishment of working conditions began to be settled by agreeing on contentious issues between higher trade union and economic organs. Subsequently the term
«labor conflicts» was replaced by the term «labor disputes» which was associated with the absence of class contradictions in Soviet society and testified to the state’s departure from the theory of suppression of the class enemy due to its absence. This ideology ceased to exist with the collapse of the USSR.

Keywords:

labor dispute, labor conflict, collective labor dispute, conciliation procedure, arbitration procedure, labor dispute committee, court