Comparative analysis of the experience of foreign countries regarding dispute resolution arising from labor relations

Abstract

The article examines the organizational and legal basis for resolving disputes arising from labor relations in court in such foreign countries as: Germany, France, Great Britain, Italy, Spain, Poland, Lithuania. Based on the analysis of the works of Kazakhstani and foreign researchers, attention is paid to the organizational and legal mechanism for the protection of labor rights, including in court. The positive aspects of the experience of these countries in the settlement of the issue under study are highlighted. It is proved that today the Kazakh legislation, which defines the legal basis for the settlement of labor disputes in court, lags far behind similar legislation of the leading countries of Europe and the world, which certainly negatively affects the quality of protection of workers’ labor rights. Based on the analysis, the relevant conclusions are drawn about the possibility and necessity of considering the experience of these countries in Kazakhstan to improve the guarantees of protection by subjects of labor law of their subjective rights and legitimate interests in the field of labor in court. It is proposed to supplement the CPC of the Republic of Kazakhstan with additional chapter regulating the specifics of the consideration
of labor disputes in the courts. This will bring us closer to the world level of legislation on the issue under consideration and will provide prerequisites for the creation of specialized labor justice in Kazakhstan in the future. The necessity of improving the procedures for reconciliation of the parties to a labor dispute, especially individual, is also substantiated.