The Implementation Mechanism Of The Concept Of Interest Balance In The Russian Labor Law

The Implementation Mechanism of the concept of interest balance in the RussianLabor Law was established by means of the formulation and amendments of the LaborCode of the Russian Federation, in the political, economic and legal environmentformed after social transformation, with rectifying serious imbalance of interestsdistribution between the employer and the employee to achieve optimal accord as itsfundamental task. The Implementation Mechanism of the concept of interest balanceconsists of four sub-mechanisms: labor standards and norms, social partnership, laborcontract and labor relief. The first three substantial sub-mechanisms constitute threeconsecutive remedies for the original pattern of interest distribution between theemployer and the employee. Among them, the mechanism of labor standards andnorms is the first time legal remedy toward the imbalanced interest distributionbetween the employer and the employee; the mechanism of social partnership furtherimproves the employees' remuneration; the mechanism of labor contract is anotherimprovement on the work conditions determined by the collective contract. It's justdue to the three progressive mechanisms, that the work conditions of the employeetake on a continuously upward trend, and that the employee could fairly share theprofits with the employer. As a procedural mechanism, the labor relief mechanism onthe one side shall play a safeguarding role in the smooth running of the abovesubstantial mechanisms; on the other side, the labor relief mechanism itself shallprovide more convenience for the rights relief of the employee, achieving thesubstantive justice of the relief procedure and filling the last blind spot of the interestbalance between the employer and the employee. Blending closely in terms ofobjectives, functions, contents and logic, the four mechanisms form an organic systemfeaturing clear concept, complete contents, rational system and strict logic. Withappropriate reference to Russian mechanisms of interest balance between the employer and the employee, China shall take measures to improve relevant labor law to achievethe following three objectives: firstly establish concept of the interest balance asChina's concept of labor law; secondly enhance the vitality of middle social stratum ofChina's labor law; thirdly construct full and complete implementation mechanism ofthe interest balance of the labor law.