Zharyk Borys.

Zharyk Borys. Definition of labor conflict and causes of its origin


The article is dedicated to investigation of different scientific approaches to determination of concept of conflict as social phenomenon and to determination of concept of “conflict in labor law” with defining its differential characteristics.
Within the article, investigation and legal assessment of works of foreign and native scientists in sociology and labor law was made. It has been established that there is no standard determination of “conflict in labor law” in terms of legislation and there are a lot of different scientific perspectives on nature and features of conflicts as social phenomenon at all.It was revealed that almost all scientists who made efforts in the field of development of legal mechanisms of conflicts settlement, neglect legal justification of concept of “conflict” in their works.It was summarized, that legal justification of concept of conflict and definition of the scope of causes of conflicts is necessary for the purpose of creation of new successful legislative framework, which will be suitable to effective prevention and resolution of conflicts emerged between subjects of labor relations.
As a result of investigation it was defined the main causes of origination of conflicts in labor law and made a straight distinguishment between terms “conflict” and “dispute” in labor law. New scientific determination of conflict in labor law was proposed within the article and main features attributed to the conflicts in labor law, with specific examples was also defined.


Key words: labor law, conflict, social conflict, labor conflict.

 

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