The meaning of the mediation clause in the employment contract

Authors

  • N. I. Minkina Altai Branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation

DOI:

https://doi.org/10.17308/law/1995-5502/2024/2/180-187

Keywords:

reservation, legal clause, mediation clause, employment contract, additional condition, mediation, legislation, law enforcement, promotion of mediation

Abstract

The issue of the mediation clause in an employment contract and its socio-legal significance is considered, which has been poorly studied in the theory of law and almost no separate scientific attention is paid to the doctrine of labor law; the definition of this clause is given based on a systematic interpretation of Russian labor legislation and legislation on mediation, existing practical experience; a comparative analysis with foreign legislation is conducted. The author substantiates the view that for the extended use of meditation practices in real life, such reservations should be used more often. This will allow us to gently and dynamically continue the process of integrating mediation in modern Russian society, forming an appropriate legal culture and consciousness of Russians aimed at partnerships. At the same time, it is necessary to improve the norms of the Labor Code of the Russian Federation in terms of fixing the mediation clause as an additional condition of the employment contract.

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Author Biography

  • N. I. Minkina, Altai Branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation

    Сandidate of Legal Sciences, Associate Professor, Head of the Department of Private Law

References

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Published

2024-10-01

Issue

Section

Labour Law