PROBLEMS OF JUDICIAL DEFENCE OF MIGRANTS’ LABOUR RIGHTS IN THE RUSSIAN FEDERATION

• Main Authors: A. I. IVANCHAK, T. N. PALKINA
• Format: Article
• Language: English
• Published: Moscow State Institute of International Relations (MGIMO) 2018-01-01
• Series: Московский журнал международного права
• Subjects: national mode; employment; permission on work; foreign worker; labor disputes; labor migration; labor activity
• Online Access: https://www.mjil.ru/jour/article/view/215

INTRODUCTION. Annual number of disputes involving foreign workers is constantly increasing in Russian courts. The analysis of certain judicial decisions made following the consideration of such disputes allows us to conclude that this trend stems not only from the strengthening of interstate cooperation between Russia and foreign partners, but also from a number of law enforcement problems. First of all, it is necessary to point out the imperfection of the legal framework regulating the employer’s responsibility for violating the rules of hiring and employment of foreign citizens, as evidenced by our study.MATERIALS AND METHODS. The methodological basis of the research consists of general scientific and special methods: the method of systemic structural analysis; method of synthesis of the socio-legal phenomena; the comparative legal method, formal logical method; statistical method.RESEARCH RESULTS. The analysis revealed that the reasons for law enforcement problems lie in the insufficiently developed mechanism for protection of rights of foreign workers. In the practice of considering such disputes there are cases of restricting the rights of foreigners in the sphere of labour that are not related to protection of constitutional order, morality, health, rights and legitimate interests of others, or state defense and security. Cases of incorrect application of the norms of material, procedural and administrative legislation have also been revealed, which confirms the improper maintenance of the balance of the basic rights of foreign workers and the general interest consisting in protection of the individual, society and the state.DISCUSSION AND CONCLUSIONS. The analysis made it possible to point out the weaknesses of current legal regulation of legal relations with foreign workers; the proposals on changing the current legislation, aimed at improving the level of protec tion of the rights of foreign workers, have been given a reasonable foundation.