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Relevant questions of interpretation of legal norms in settling a labor dispute in court
Abstract.Based on the example of a specific labor dispute on employment reinstatement, this article examines the legal consequences of illegal dismissal; limits of applicability of Part 5 of the Article 394 of Labor Code of the Russian Federation and court’s responsibility to redraft the grounds and (or) reasons of dismissal; whether the court is entitled to settle the dispute beyond the worker’s claim of employment reinstatement; what implies the continuation of work in terms of reorganization. The covered questions are illustrated with the examples form judicial practice, which additionally increases the relevance of the work of practicing lawyers in the area of labor law. The author underlines the presence of ambiguous approaches towards the interpretation of various legal categories in the Russian labor law that inevitably results in the emergence of a significant number of labor disputes. Thus, a conclusion is made on the need for regulation of the contested issues at legislative level or through acquisition of interpretations of the Supreme Court of the Russian Federation regarding order of application of one or other positions of the labor and civil procedural legislation.
Keywords: liquidation of a legal entity, limitation of consideration of a case, job function, continuation of work, change of grounds for dismissal, reinstatement in a job, dismissal, Labor code, court interpretation, labor dispute
Article was received:06-02-2018
This article written in Russian. You can find full text of article in Russian here .