Research Handbook on Labour, Business and Human Rights Law
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Research Handbook on Labour, Business and Human Rights Law

Edited by Janice R. Bellace and Beryl ter Haar

Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.
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Chapter 12: Trying to balance economic and labour rights: the case of Russia

Nikita Lyutov and Elena Gerasimova

Abstract

The conflict of economic rights of employers and labour rights of employees is quite relevant in the Russian legal context. The social dialogue institutions in Russia are rather weak, therefore, the main balance between the labour rights of workers and economic freedoms of employers is usually discussed within a framework of flexible or rigid statutory regulation of work. The authors conclude that current Russian labour law is lacking more protection of workers rather than flexibility of regulation. The power balance and the aims of normative regulation are clearly shifted into employers’ favour but not vice versa. The niche for flexibilization of labour law may be found not in the relations between the employers and employees, but rather between the employers and the state, but only under a condition that such flexiblization would not affect the employees’ rights which are already under-protected.

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