TO THE ISSUE OF RESTORATIVE REMEDIES IN LABOUR LAW

Abstract

Abstract. In the article, the author examines the issues of the legal nature of ‘restorative remedies’ in labour law. Special attention is also paid to the issue of distinguishing this group of remedies from other remedies or claims available to an injured party. It is noted that the general understanding of the legal term ‘protection’ plays a key role in the analysis of remedies. The author notes that, in general, two approaches to the legal understanding of ‘protection’ can be distinguished. At the same time, a productive study of issues related to remedies in labour law (in particular, restorative remedies) requires interpreting the term ‘protection’ in a narrow, technical sense – through the connection of ‘protection’ with a specific subjective right. It is emphasized that the purpose (function) of a remedy may serve as a key to the understanding of remedies and to dividing them into different groups. The author examines different scientific positions regarding the formulation of the aim or aims of ‘protection’. The article claims that the narrow formulation of the aim of protection allows the provision of a clear definition of the term “remedy” and allows to carry out classification of remedies. However, the flip side is that such a formulation of the aims of ‘protection’ does not cover a number of claims or demands that the law allows and recognizes for the injured party. It is noted that in modern literature, as a rule, it is customary to outline a relatively wide range of possible goals for the ‘protection’ of subjective rights. This approach makes it possible to include a larger list of possible claims or demands of the injured party. In the article, the author singles out the aims of restorative remedies in labour law and, based on this, suggests a definition of restorative remedies in labour law. It is noted that the properties of the subject of labour law provide a wide scope for the possible applications of restorative remedies. The article also analyzes signs and features of restorative remedies in labour law.