TRADE UNIONS AS SUBJECTS OF CONTESTING SPECIFIC SOURCES OF LABOUR LAW

Abstract

Based on an analysis of legislation and guiding judicial practice, the article demonstrates the inconsistency of approaches to recognizing trade unions’ right to file claims in the interests of an indefinite circle of persons, including the right to contest normative acts (direct judicial review). The author criticizes the position of certain scholars who derive this right de lege lata. It is concluded that current legislation does not allow for an unequivocal confirmation that trade unions possess the right to initiate direct judicial review. Special attention is devoted to the participation of trade unions in direct judicial review of specific sources of labour law, such as collective agreements and local regulations. The author substantiates the need to confer upon trade unions the right to initiate direct judicial review over these specific labour law sources (the social orientation and particular importance of the interests protected in labour disputes; the enhanced realization of trade unions’ protective function; the nature of labour relations, in which a direct conflict between an employee-claimant and an employer may jeopardize the employee’s job). Arguments are advanced in favour of expanding the range of trade unions entitled to contest specific sources of labour law (in light of the principle of equality of all trade unions and the rule that trade unions in collective relations protect not only their members). The article also proposes criteria limiting the exercise of this right, including the principle of correspondence between a trade union and the employer.