Теоретико-исторические предпосылки возникновения и развития института трудовых конфликтов в фабричном законодательстве россии (XIX век – начало XX столетия)

Abstract

The history of the formation of domestic legislation is not covered by modern textbooks of labor law. This provision does not trace the formation of factory legislation as a justification for the role of the labor movement and the resolution of labor conflicts in its regulatory meaning. Insufficient attention to the principle of historicism in labor law can lead to errors in reflecting certain patterns of development of the institution of collective labor dispute resolution. This article reflects a complete comprehensive analysis of the reasons and conditions for the need to introduce legal regulation of wage labor and the resolution of labor conflicts in pre-revolutionary Russia, where the decisive role belongs to the workers’ movement for their rights with the rapid development of industrial production and the presence of disagreements between workers and industrialists. The identification of the prerequisites for the development of factory legislation expands the understanding of the social processes of that time that contributed to the emergence of factory legislation, enriches the stock research base, has a certain influence on the systematization of labor legislation norms. This article examines the stages of the formation of labor legislation arising under the pressure of the strike and strike movement of the working class. The contradictions of labor and capital required the regulation of mutual relations at the level of legislation, were a catalyst for its development and implementation. The authors analyze the unrestricted exploitation of labor, as well as the positive impact on the development and consolidation of legal norms at the level of factory laws of foreign law. In modern research works, insufficient attention is paid to the problem of the emergence of factory legislation, this study will fill in the gaps in the formation of domestic labor law. The article analyzes individual factory laws, the authors turn to archival documents that substantiate their point of view in the meaning of the prerequisites for the emergence of factory legislation for the entire social life of Russian society. The authors have identified the most characteristic prerequisites for the emergence of labor legislation regulating wage labor in general and the resolution of collective labor disputes, in particular. Attention is paid to the development and consolidation of norms establishing the procedure for resolving labor conflicts, allowing the introduction of strikes and strikes into the legal field. It is noted that the current legislation, protecting the state foundations, included some concessions to workers, while continuing to openly contain repressive measures against strikers. The problem of fixing the minimum socio-economic and labor rights and guarantees of workers in the norms of factory laws, which are the foundations of domestic factory legislation, is investigated.