title: Grounds for restoring the missed deadline for applying to the court for the resolution of an individual labor dispute: some of the legal aspects
metadata.name: dc.contributor.author
metadata.value: Startsev, Nikolay N.
metadata.lang: -
metadata.name: dc.date.accessioned
metadata.value: 2022-12-01T14:38:13Z
metadata.lang: -
metadata.name: dc.date.available
metadata.value: 2022-12-01T14:38:13Z
metadata.lang: -
metadata.name: dc.date.issued
metadata.value: 2021
metadata.lang: -
metadata.name: dc.identifier.uri
metadata.value: http://hdl.handle.net/11701/38637
metadata.lang: -
metadata.name: dc.description.abstract
metadata.value: A significant number of lawsuits are related to labor disputes. Especially acute manifestation
  of injustice is observed when the employee and the employer are arguing, and because
  the employee is significantly inferior in legal literacy, subordinate to the employer, and because
  the employee does not have such financial opportunities to attract leading experts in
  the field of labor law, contributing to the development of a winning strategy and tactics to
  protect their rights in court, which the employer has and uses. These circumstances have a
  significant impact on court decisions. Add to the social acuteness of such situations when
  an employee goes to court, and his labor dispute is not considered at all for the reasons of
  missing the Statute of limitations, especially if the assessment of the reasons for missing the
  term does not have clear criteria and in some cases the same circumstances give a chance
  and the term is restored by the court, and in other cases they are also insufficient. Such
  situations undermine not only faith in justice, but also cause distrust of the entire judicial
  system. The article is devoted to the problem of determining the criteria for the formation of
  legal grounds for restoring the missed deadline for applying to the court for the resolution
  of individual labor disputes. Specific examples of the review of domestic judicial practice
  are given. It is suggested that the legislation should reflect and take into account labor-legal
  specifics when considering labor disputes in courts, especially in relation to issues related
  to the assessment of circumstances caused by the omission of the Statute of limitations for
  their sufficient respect and weight for its restoration when making decisions by the courts.
  The grounds for restoring the deadlines missed for applying for protection of labor rights
  must take into account the specifics of labor relations, caused primarily by the inequality of
  the parties and the inequality of the parties ’ procedural capabilities to provide evidence in
  support of their procedural position. It is suggested that further improvement of the institution
  of time limits in labor law is currently required, both for determining the limitation
  period in labor law, and for developing a uniform approach to assessing the circumstances
  that serve as the basis for a legitimate and justified restoration of the term for applying to
  the court for valid reasons.
metadata.lang: en_GB
metadata.name: dc.language.iso
metadata.value: ru
metadata.lang: en_GB
metadata.name: dc.publisher
metadata.value: St Petersburg State University
metadata.lang: en_GB
metadata.name: dc.relation.ispartofseries
metadata.value: Russian Journal of Labour & Law;Volume 11
metadata.lang: -
metadata.name: dc.subject
metadata.value: labor disputes
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: individual labor disputes
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: term of applying to the court
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: valid reasons for missing the deadline
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: protection of labor rights
metadata.lang: en_GB
metadata.name: dc.title
metadata.value: Grounds for restoring the missed deadline for applying to the court for the resolution of an individual labor dispute: some of the legal aspects
metadata.lang: en_GB
metadata.name: dc.type
metadata.value: Article
metadata.lang: en_GB
resources.filename: 195-205.pdf
resources.url: https://dspace.spbu.ru/bitstream/11701/38637/1/195-205.pdf
resources.format: Adobe PDF
resources.size: 638,02 kB