Place in the system of labour law sources
Kirill Tomashevski, International University “MITSO”, Minsk
In connection with the processes of globalization and internationalization of the economies of States in different regions of the world, the increasing pressure of competition, there are new forms of social partnership agreements at the regional levels (so called transnational collective agreements) and global collective agreements. Regional associations of employers and trade unions, transnational corporations and trade unions participate and play an important role in this process. The paper examines collision issues related to the solution of the problem of correlation of transnational collective agreements and global collective agreements with other international and national sources of labour law.
In his monograph (“System of Labour Law Sources of Belarus (history, theory and practice)”, Minsk, 2013) the author justified the concept of transition from the dual system of sources of labour law to the triune system. This system includes in addition to the traditionally subsystems of national sources of labour law, international labour law and a third, a new subsystem – supranational sources of labour law. In the development of this conceptual idea, it can be extended to the system of sources of labour law of both EU and the EAEU member States. In favor of the substantiation of the concept of a triune subsystem in the systems of modern sources of labour law of the Eurasian Economic Union (EAEU) and the EU member States, the report will provide additional arguments. The author will seek the place of transnational collective agreements and global collective agreements in the triune system of sources of labour law: do they belong to national, international or supranational sources of labour law? The speaker will also try to answer the question: what rules of labour law prevail there (mandatory, dispositive or soft law)?
This paper is almost not settled both in the national labour legislation of the member states of the EU and the EAEU , and at the international level. The author examines specific examples of transnational collective agreements and global collective agreements from the legal system of the European Union, as well as the member states of the Eurasian Economic Union, in particular the Russian Federation. The conceptual solutions to the above-mentioned problem of resolving legal conflicts between transnational collective agreements and global collective agreements and national social partnership agreements in the member states of the EU and the EAEU will be proposed.