JOBNAME: EE10 Bellace PAGE: 1 SESS: 5 OUTPUT: Tue May 28 12:41:23 2019 12. Trying to balance economic and labour rights: the case of Russia Nikita Lyutov and Elena Gerasimova 1 1 INTRODUCTION The topic of human rights at work as distinct from labour rights is not at present discussed in those terms in Russia. Historically Russia took a leading role in championing certain human rights instruments that establish labour rights, such as the International Covenant of Economic, Social and Cultural Rights. Moreover, its consti- tution contains express provisions regarding labour rights, and many statutes are viewed as implementing those rights. Before the 1990s, however, there was never a discussion of the economic rights of employers and how these might affect labour rights. With the advent of private enterprise and entrepreneurs, the question has inevitably arisen. Moreover, the discussion has taken place at a time when the demands of a market economy often are seen as determining the limits of labour rights even in countries with a long history of private enterprise such as within the European Union (EU). Although scholars in economics and in labour law expend significant effort to find optimal solutions designed to produce a mutually beneficial employment relationship, the very nature of a market economy implies a conflict; namely, a conflict between the economic freedoms of employers and the labour rights of employees. Probably, the most attention paid to this issue of a conflict between economic and social rights and a court’s approach to finding the proper balance between them arose in the famous Laval and Viking-line cases, which established labour law in the EU and which was followed by EU supervisory bodies taking varying positions on the issue. The Court of Justice of the EU (CJEU) recognized a workers’ right to have recourse to collective action as a general principle of EU law, but of a ‘liberal’ character. Its decision developed into imposing restrictions on recourse to collective action in Finnish (Viking) and Swedish (Laval) law. The collective complaint against ‘Lex Laval’ submitted to the European 1 This chapter was written as part of scientific research Project No. 29.5015.2017/B. Ch. commissioned by the RF Ministry of Education and Science. The authors are very much thankful to Mariya Aleksynska and Angelika Muller from the ILO and Simon Deakin (University of Cambridge) for the invaluable comments and suggestions during the preparation of this chapter. However, all mistakes and omissions that may be in the text, are the fault of authors. This chapter does not represent the official position of any international organization or any national authority. 207 Columns Design XML Ltd / Job: Bellace-Research_handbook_on_labour_business_and_human_rights_law / Division: 12Chapter12forTS /Pg. Pos- ition: 1 / Date: 28/5