Intermediary in a Collective Labor Dispute Resolution

• Author: L. Zaitseva - E. Gomes - S. Racheva - V. Cruz
• Position: Tyumen State University (Tyumen, Russia) - Fluminense Federal University (Niterói, Brazil) - Tyumen State University (Tyumen, Russia) - Federal University of Rio de Janeiro (Rio de Janeiro, Brazil)
• Pages: 33-59

BRICS LAW JOURNAL Volume VI (2019) Issue 2

InTERMEDIaRY In a CoLLECTIVE LaBoR DISPuTE RESoLuTIon

LARISA ZAITSEVA,

Tyumen State University (Tyumen, Russia)

EDUARDO GOMES,

Fluminense Federal University (Niterói, Brazil)

SVETLANA RACHEVA,

Tyumen State University (Tyumen, Russia)

VERÔNICA CRUZ,

Federal University of Rio de Janeiro (Rio de Janeiro, Brazil)

DOI: 10.21684/2412-2343-2019-6-2-33-59

Collective labor disputes based on the dierences in economic interests between workers

and employers can be eectively resolved exclusively through conciliation procedures.

Contemporary alternative methods arose mostly due to the necessity to resolve collective

labor disputes; mediation for this purpose is applied dierently in various countries.

National legislation equally provides various means for collective labor dispute resolutions

and determines relevant intermediary procedures. An intermediation in a collective labor

dispute resolution can be private and/or state-appointed and mandatory or alternative

and remains a very perspective means of alternative dispute resolution. An analysis of

dierent countries’ legislation distinguishes several common features of intermediation

in collective labor disputes, concerning mainly the goals, objectives and principles.

For bodies and persons conducting intermediation, the degree of compulsion in their

decisions varies greatly from country to country. However, the obtained experience

reveals common and distinctive procedural features and provides the possibility to

classify existing approaches, having combined them into groups. The analysis also

follows general development trends of collective labor dispute intermediation in

dierent countries and identies several shortcomings that are characteristic to dierent

systems of intermediation legal regulation. Further research on the most eective ways

BRICS LAW JOURNAL Volume VI (2019) Issue 2 34

of collective labor dispute conciliation is necessary for establishing new harmonious

labor relations as the grounds for social progress.

Keywords: alternative dispute resolution (ADR); intermediation; collective labor dispute;

conciliation procedure; state-private mediation system.

Recommended citation: Larisa Zaitseva et al., Intermediary in a Collective Labor

Dispute Resolution, 6(2) BRICS Law Journal 33–59 (2019).

Table of Contents

Introduction

1. Denition of a Collective Labor Dispute and the Means

for Its Resolution

2. Historical Background of the Conciliation Procedure Application

to Collective Labor Disputes in Russia

3. International Experiences of Conciliation Procedures with Intermediary

Participation for Collective Labor Dispute Resolutions

4. From State to Market Oriented Intermediation: Brazil as a Comparison

5. Current Russian Legislation on the Intermediation Application

in Collective Labor Dispute Resolutions

6. State Intermediation in Collective Labor Dispute Resolutions

Conclusion

Introduction

Traditional classication of labor disputes within the doctrine of labor law based

on the division of the individual and collective, has a special focus on the rights

and interests that the law does not formalize. The application of formal or informal

procedures to resolve labor conicts mostly concerns the possibility or lack of

procedures to enforce positive law to settle the disputes. Debates on the protection

of legitimate interests in particular of a group of workers in this regard represent

a promising ground for applying intermediation as an alternative method of dispute

resolution (hereinafter AMDR). The issues of intermediation legal regulation as an

AMDR and its active implementation in legal practice remain topical and are widely

discussed by scholars globally.1

1 Kazutoshi Koshiro, Formal and Informal Aspects of Labor Dispute Resolution in Japan, 22(3-4) Law &

Policy 353 (2000); Francesca Ferrari, The Judicial Attempt at Conciliation: The New Section 185-bis of

the Italian Code of Civil Procedure, 2(3) Russian Law Journal 80 (2014); Hiruy Wubie, The Settlement of

Individual and Collective Labor Disputes Under Ethiopian Labour Law, 2(1) E-Journal of International and