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Authors : 1. Marina Ed. Kandel,
Leading legal consultant
“International Trade Center” Open Corporation, Moscow, Russia
Implementing the provisions of the european social сharter on the right for just payment for work in the legislation of Russia and some European countries
Objective: to comprehensively show the process of implementing the right for just payment for work, expressed in the European Social Charter, in the Russian law and law of some European countries.
Methods: comparative-legal method of research.
Results: During the research, based on comparative-legal analysis of the sources of international regional law of the European Union, Council of Europe and precedent practice of the European Committee on social rights and the European Union courts, the author studied the process of implementing the norms of the European Social Charter.
Scientific novelty: The article for the first time presents a deep comparative-legal analysis of the norms of internal labor law of Russia and some European countries for their correspondence to the norms of the European Social Charter and the requirements of the European Committee on social rights in the part of implementation of citizens’ rights for just payment, able to provide a decent living standard for them and their families. Particular drawbacks of the European and Russian labor laws are revealed, ways to improve them are proposed.
Practical value: the provisions formulated in the research, as well as the results of the comparative-legal analysis of the norms of internal labor law of the Russian Federation and the considered European countries concerning the Charter norms, can be used in scientific, law-making and law-enforcement practice in Russia. The obtained results can be used to eliminate the revealed drawbacks in implementing the citizens’ rights for just payment in the Russian national legislation, as well as for progressive moving towards European law.
Keywords :
implementation of the right for just payment; the right for equal pay for equal work; the right for equality in payment for work; the right for equal possibilities in employment and work; the right for equal treatment in employment and work; principle of equal payment for men and women; principle of equal payment for equal or equivalent work
Bibliography :
1. Commitee of Social Rights Conclusions 2010. Vol. 1 (Albania, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Georgia, Ireland, Italy). Council of Europe Publishing. 2011, available at: http://www.coe.int/t/dghl/monitoring/socialcharter/governmentalcommittee/2010_en.pdf (accessed: 29.08.2014)
2. European Social Charter Revised: Conclusions 2010. Articles 2, 4, 5, 6, 21, 22, 26, 28, 29. Vol. 2: Lithuania, Malta, Moldova, Netherlands (Kingdom in Europe), Norway, Portugal, Romania, Slovenia, Sweden, Turkey, Ukraine; European Social Charter: Conclusions XIX-3. 2010. Articles 2, 4, 5, 6 and Articles 2 and 3 of the 1988 Additional Protocol, Vol. XIX-3 Austria, Croatia, Czech Republic, Denmark, Germany, Greece, Hungary, Iceland, Latvia, Luxembourg, Poland, Slovakia, Spain, «the Former Yugoslav Republic of Macedonia», United Kingdom, available at: http://www.coe.int/t/dghl/monitoring/socialcharter/conclusions/Year/2010Vol2_en.pdf (accessed: 29.08.2014)
3. European Committee of Social Rights Conclusions 2010. Vol. 1 (Albania, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Georgia, Ireland, Italy). Council of Europe Publishing. 2011. Vyvody-1, Vyvody ХVIII-1, Zaklyucheniea 2006, available at: http://www.coe.int/t/dghl/monitoring/socialcharter/governmentalcommittee/2010_en.pdf (accessed: 29.08.2014)
4. European Social Charter Revised: Conclusions 2010. Articles 2, 4, 5, 6, 21, 22, 26, 28, 29. Vol. 1 (Albania, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Georgia, Ireland, Italy), available at: http://www.coe.int/t/dghl/monitoring/socialcharter/governmentalcommittee/2010_en.pdf (accessed: 29.08.2014)
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