RESOLUTION OF INTER-PARLIAMENTARY ASSEMBLY OF EURASIAN ECONOMIC COMMUNITY

of May 13, 2009 No. 10-13

About Recommendations about harmonization of the labor law of state members of EurAsEC (on the basis of the comparative and legal analysis of national legal systems)

The inter-parliamentary Assembly decides:

1. Approve the Recommendations about harmonization of the labor law of state members of EurAsEC provided by the Permanent commission of MPA on social policy (are applied).

2. Submit Recommendations in parliaments of state members of EurAsEC and Integration Committee for use in work on harmonization of national legal systems and enhancement of the legal base of Community.

Appendix to the resolution MPA of EurAsEC of May 13, 2009 No. 10-13

Recommendations about harmonization of the labor law of state members of EurAsEC (on the basis of the comparative and legal analysis of national legal systems)

The carried-out comparative and legal analysis showed that in the states of Community the similar in structure and content codified legal acts governing labor and directly related relations are effective in many respects that is, basic normative conditions for further work on harmonization of the legislation in the specified sphere are created.

Considering that the labor migration tends to expansion today, and redistribution of labor power of state members of EurAsEC promotes the solution of number of tasks, priority for the countries of Community, in the field of stabilization and economic recovery, increase in investment appeal, development of certain regions with insufficiency of manpower, today to urgent problem definition of harmonization of the labor law of state members of EurAsEC, creation of interstate standards in the field of regulation of wage labor is represented what at the same time can promote process of enhancement of national legal systems on work.

Harmonization of the labor law of state members of EurAsEC can be performed in several ways:

1) creation of the model Labor code having advisory nature;

2) acceptance of Bases of the labor law of the EurAsEC having the status of the regulation of direct action;

3) modification and amendments in the existing labor codes of the states of EurAsEC for the purpose of creation of the unified conditions of use of labor power.

Experience shows that provisions of model codes are not always considered by the states of Community when forming the national legal system and the more so cannot be applied in case of permission of employment disputes. Most harmonization of the labor law of state members of EurAsEC will be promoted by acceptance of Bases of the labor law of EurAsEC. Therefore it is more preferable to Inter-parliamentary Assembly to develop and adopt the regulatory legal act which will be applied as the direct instrument of legal regulation of work and to serve as standard for harmonization of national systems of labor right. It is in parallel offered to conduct work on reduction of national labor codes in compliance with the international acts and with each other.

Following the results of the carried-out analysis the following offers on harmonization of the labor law in the EurAsEC countries are formulated:

1. Subject of regulation and structure

1. Initial task in case of development of Bases of the labor law is determination of circle of the public relations which require the unified regulation. Comparative analysis revealed noticeable discrepancies in structure of legal acts.

We believe that the unified legal act shall not pursue the aims of the most detailed regulation of labor and directly related relations. In it it is reasonable to keep such structure and content which would be acceptable for all state members of EurAsEC. Certainly, there shall be General part establishing the main (initial) beginnings of legal regulation of work (the purposes, tasks, the principles, coverage, sources, the characteristic of employment relationships and their subjects), and also all traditional institutes of labor right which are present at each Labor code.

It is represented that some questions, for example, of supervision and control of observance of the labor law, and also procedure for permission of employment disputes, can be regulated in Bases of the labor law only in the most general view as creation of system of state bodies executive and legislature - exclusive prerogative of the state, and the international community cannot interfere with these interstate questions.

2. For uniform understanding and application of the labor law it is necessary to unify conceptual framework in certain measure, having developed standard definitions of the most used concepts.

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