GROUPS OF LEGAL ENTITIES IN COLLECTIVE LABOR LAW OF FOREIGN COUNTRIES

Abstract

An opportunity to conduct business through a group of legal entities (a group of interdependent employers) provokes possibilities for infringement of basic workers' rights to representation and collective bargaining. Fragmentation of essentially a single working team significantly reduces the effectiveness of mechanisms of influence exercised by employees on an employer. The problems associated with the need to determine an actual employer in collective labor law can be expressed in the need to determine the appropriate level of negotiations, the question concerning the limits of distribution of collective agreements, the legality of conducting solidarity strikes. Legislation and judicial practice of many countries, as well as some normative acts adopted at the EU level, provide for guarantees of rights of workers in this field. As a result of examination of international experience the author concludes that it is necessary to make amendments in the labor legislation of the Russian Federation aimed at bringing the regulation of relations connected with labor relations within the framework of groups of interrelated employers in compliance with the most advanced foreign practices.