THE WAY OF HARMONIZATION OF LABOR LEGISLATION OF THE MEMBER STATES OF THE EEU (THE VIEW FROM BELARUS, KYRGYZSTAN)

Abstract

Introduction: in the context of the Eurasian economic and legal integration, the functioning of the single labour market, the problems of convergence of labour legislation of the member States of the Eurasian Economic Union are of particular relevance. Methods: the article analyzes the historical experience of harmonization of labour legislation within the Commonwealth of Independent States and the Eurasian Economic Community with the broad use of the comparative legal method. Analysis: special attention is paid to the Concept of a Model Labour Code of the member States of the Commonwealth of Independent States, adopted in December of 2000, the experience of development of Model Labour Code and the current prospects for its addoption. The authors also examine the experience of developing the basics of the Eurasian Economic Union labour legislation, its intended structure and the question of whether it is possible to resume this work within the Eurasian Economic Union. The authors critically evaluate the draft Principles for the development of the Basics of labor legislation (model Labor code) of the Eurasian Economic Union member States, which was developed by the General Confederation of Trade Unions in 2015. Results: the authors on the basis of critical analysis of scientific points of view come to the substantiation of the five most promising ways of harmonization of labour legislation of the Kyrgyz Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation: conclusion or revision of regional international agreements; mutual consideration (national reception) of the best legislative experience in the regulation of labour and closely related relations; international legal reception through the implementation of international labour standards into national legislation; preparation and adoption of the Model Labour Code of the Commonwealth of Independent States member States; adoption of the principles of labor legislation and the program of harmonization of labour legislation of the Eurasian Economic Union member States in the form of a decision of the Eurasian Economic Commission.