ЗАХИСТ ТРУДОВИХ ПРАВ МОРЯКІВ У СУДАХ ІНОЗЕМНИХ ДЕРЖАВ: ЮРИСДИКЦІЙНІ АСПЕКТИ

Abstract

The specifics of seafarers’ labor determines the difficulty of respecting and protecting their rights. In addition to international mechanisms for the protection of seafarers’ labor rights, there is also the possibility of recourse to the domestic mechanism for the protection of labor rights, which implies the need to apply to a court of a foreign state. It is emphasized that cases of the protection of violated, unrecognized or disputed rights, freedoms or interests arising from labor relations with a foreign element that falls within the jurisdiction of the courts. In Europe, labor disputes are resolved either in ordinary civil courts or in specialized labor courts. The work of labor courts in most countries is based on the principles of trilateral cooperation. Lawsuits are considered by a panel of professional judges and two non-professional judges, nominated by trade unions and employers’ organizations. Such a composition is intended to provide a comprehensive and impartial consideration of the dispute and a fair decision. If there is a foreign element in the dispute, the court must determine the applicable law. Since the court applies the conflict of laws rules in a given country, it decides on which conflict of laws rules and which country will be applied in the event of a conflict of laws. Consideration of procedural protection mechanisms at the national level is important, since participation in labor relations of a foreign worker leads to the need to understand the procedure for resolving labor disputes in individual states. It is important to decide on the jurisdiction of a labor dispute with a foreign element, since the applicable law, including the conflict law, is largely due to the fact that the state court decides a particular labor dispute. Since the court applies the conflict of laws rules in a given country, it decides on which conflict of laws rules and which country will be applied in the event of a conflict of laws.