The Subject of an Individual Labor Dispute Heard in Court: Structure and Significance for the Application of Time Limits for Filing a Claim
Annotation
The article analyzes the subject matter of an individual labor dispute in court and its impact on the application of time limits for filing a lawsuit. The legal definition of the subject matter as "unresolved disagreements" is recognized as insufficient, leading to procedural reduction and collisions. The author substantiates the necessity of a three-element structure for the subject matter of a dispute: the violated right, the fact of violation, and the remedy sought. The central problem is the collision of differentiated time limits (1 month, 3 months, 1 year), which provokes abuses, such as the recharacterization of claims to circumvent a missed deadline. Based on contradictory court practice, it is proposed to adopt a presumption of priority for claims concerning employment status as a foundation. The author proposes unifying the time limits or legislatively establishing criteria for qualifying mixed disputes.
Keywords
| Type | Article |
| Information | Labor Law in Russia and Abroad № 03/2026 |
| Pages | 44-47 |
| DOI | 10.18572/2221-3295-2026-3-44-47 |
