Knyazeva, N.A. The limitation period for the claim for the protection of the labor rights of workers: legal nature, length, order of application

Abstract: Based upon the analysis of current legislation, the author comes to a conclusion that the temporal limitation period for the claims to the State Labor Inspection and to the prosecutors should be established in addition to the temporal limitation periods for the claims to the labor dispute commission and to the court. Based upon the analysis of the existing scientific approaches to the understanding of legal nature and limitation periods for the claims for the protection of labor rights, the author offers some possible solutions for the existing problems. Additionally, based upon the practice of the district courts of Voronezh, the Supreme Court of Russia, and the legal positions of the Constitutional Court of Russia, the author uncovers the problems related to the starting point of the limitation periods for the labor rights claims, and she makes proposals on the amendments to the existing legislation in order do deal with the problems.

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