Labor disputes between the employee and the employer are considered. By whom and how individual labor disputes are considered

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Who handles individual disputes between an employee and an employer

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Where are labor disputes handled?

In resolution labor disputes the protective function of trade unions should be activated at all levels and especially at the organizational level. unions and legal service should promote labor legislation, train workers to "fight culturally for the rule of law."


They can participate in the settlement of collective labor disputes. Trade unions have the right to organize and conduct strikes, street marches, demonstrations, picketing and other collective actions, using them as a means of protecting social labor rights and the interests of workers.
labor dispute strike court A strike is a temporary voluntary refusal of employees to perform their labor duties (in whole or in part) in order to resolve a collective labor dispute. It is an extreme, exceptional measure of resolving a labor dispute.

Which court and in what terms considers labor disputes?

Labor disputes between employees and employers The occurrence of labor disputes, as a rule, is preceded by labor offenses in the sphere of labor. A labor offense is a guilty failure to perform or improper performance by an obligated subject of his labor duty in the sphere of labor and distribution, and consequently, a violation of the rights of another subject of this legal relationship.

Attention

If the actions of the obligated subject were legal, and the other subject considers them unlawful, then a labor dispute may also arise here, although there is no offense. The presence of a labor offense is established by the body considering the labor dispute, which is called jurisdictional.

According to the legal relations that gave rise to the dispute, they can be divided into:

  • Labor relations;
  • Indirect disputes related to employment issues;
  • Disputes arising from the control and supervision of compliance with regulations labor law;
  • Issues of training and advanced training;
  • On compensation by the enterprise for harm (moral, material, physical) caused to an employee;
  • Disputes between employers and trade unions;
  • Disputes between the administration of the organization and the labor collective;
  • Issues of social partnership agreements.

Depending on each of the above circumstances, it will depend on who considers the labor dispute in this situation.

Labor disputes between employees and employers

Only the supreme courts of the constituent republics Russian Federation, territories, regions and cities of federal significance, autonomous regions and districts are authorized to consider issues of the legality of the ongoing strike in cases of labor disputes of a collective nature (part 4 of article 413 of the Labor Code of the Russian Federation). Cases on labor disputes considered by the judiciary Art.
382 of the Labor Code of the Russian Federation, it is determined that the bodies that can help resolve disagreements in the course of labor activity are recognized: a commission created in an organization specifically to consider labor disputes and a court. If decision The CCC does not suit the employee who applied for the resolution of the dispute, within 10 days after receiving a copy of the document, it can be appealed to the court of the relevant jurisdiction. Moreover, contacting the CTC is not mandatory.

individual labor disputes. order of consideration and decision

The solution of a collective labor dispute is an even more dangerous situation for the employer, because you will have to prove your case before the commission by listening to the accusations of not one, but several employees, and according to the Labor Code, it is the employer who is obliged to use any methods (the so-called "conciliation procedures") to prevent the imminent conflict. None of the parties to a collective labor dispute has the right to evade participation in conciliation procedures.

The conciliation commission is created within three working days from the date of the beginning of the collective labor dispute, from representatives of its parties on an equal basis. The decision to create a conciliation commission in resolving a collective labor dispute with a particular employer is formalized by the relevant order (instruction) of the employer and the decision of the representative of the employees.

Which court hears labor disputes?

If your company still has a conflict related to the application of labor laws, collective agreement or labor contract, You should know that such labor disputes are handled by: the labor dispute department, which deals with individual labor disputes; conciliation commissions considering collective labor disputes; mediators considering collective labor disputes; labor arbitrations, considering collective labor disputes; service for the settlement of collective labor disputes, assisting in the resolution of collective labor disputes by organizing conciliation procedures and participating in them; courts.

Labor disputes and the procedure for their resolution

  • Regarding the issues of remuneration for defective products, incomplete performance of duties or forced downtime;
  • About the procedure for paying overtime, accrual of compensation for the performance of work in non-working days specified in the legislation;
  • On payment for work requiring different qualifications or a combination of specialties, or substitution - this paragraph does not fall within the competence of the commission if it implies a change in the tariffication of the difference between categories;
  • About return Money that were withheld from wages employee to compensate for the damage caused to the employer;
  • Regarding the right to receive and directly the amount of bonuses;
  • About the provision of planned vacations, their payment and the payment of material resources as compensation for unused vacation.

Where individual labor disputes between an employee and an employer are considered

The decision is assigned to various bodies, of which the subjects whose activities are regulated by law are labor dispute commissions, or KTS, as well as directly district or other courts. General order applies to most of the disputes that arise and implies initial appeal to the CCC, and if it is impossible to resolve the issue with the help of the CCC, appeal the decision of the commission in court.
However, there are a number of aspects of labor relations, disputes regarding which are carried out exclusively in court, without recourse to the commission. On the consideration of labor disputes in the CCC Labor dispute commissions are established in accordance with the law, both at the initiative of the employee and at the request of the employer. The number of employees in the KTS must always be at least half, they must be elected directly by the employees of the enterprise.

When there are violations by the employer of the labor rights of the employee, the latter needs competent legal assistance, which can be expressed in the following:

  • drawing up claims to the employer, complaints to trade unions, the labor dispute inspectorate or to the courts;
  • legal advice on the peaceful settlement of emerging issues;
  • clarification of labor legislation to protect the rights and interests of employees.

ATTENTION: Our lawyer will help you quickly and competently resolve the conflict situation, get clear and qualified assistance. Any dispute between the employer and the employee should be considered from all sides in order to resolve it as quickly and profitably as possible.

Resolution of disputes in court

Labor law is recognized as one of the most controversial and complex branches of law, so it is difficult to understand these issues without help qualified specialists.

If an employee encounters any signs of a violation of his labor rights and obligations by the employer, he can turn to the help of qualified specialists who will help solve the problem. For example, organization for the protection of workers' rights, can always help in resolving issues that have arisen between the employee and the employer.

Often there are situations when the employee and the employer cannot agree "peacefully". Therefore, the employee can go to court to protect their violated labor rights.

Collective and individual disputes

Collective or individual disputes may arise between the employee and the employer, divided into claim and non-claim options. For example, a collective dispute may be a change in the work schedule, a change in the conditions of remuneration, a violation of the conditions employment contract with most of the company's employees. Protection of the rights of employees in the event of dismissal or transfer to another position with infringement of the rights of the employee must take place in court.

If an employee was unlawfully fired, then he can seek the help of competent lawyers to protect the violated rights. They will help not only to be restored to the previous position, but also to receive compensation from the employer.

Protection of the rights of workers is carried out not only by trade unions, but also by state control and supervision bodies for compliance with labor laws. Before contacting these authorities, it is necessary to obtain qualified advice from lawyers, prepare appropriate applications and complaints. In this case, the employee can be sure of the full protection of their labor rights.

Not every employer has a professional lawyer on his staff who is able to quickly and efficiently resolve the situation in favor of the employer. In this case, you can resort to the help of professional lawyers who will help in resolving issues such as:

  • hiring and dismissal of employees;
  • resolving disputes with employees both in pre-trial and in court;
  • drawing up any form of collective regulations or agreements protecting rights and obligations.

In any case, we must not forget that seeking qualified help will help not only quickly resolve the disputed situation, but also save time, effort and money.

Types of disputes with employees

Bringing an employee to disciplinary or liability, dismissal or reduction of an employee is a multi-stage procedure that is difficult to do without making mistakes. As a result, the employee is punished with a fine or a demand for dismissal on own will. The result can be lengthy court proceedings, where often the employee comes out the winner, and the employer bears material costs– legal costs, compensation, fines and other costs.

If the employer seeks qualified legal assistance, he will be able to avoid leverage on the part of the employee in case of incorrect registration labor relations or the use of legislative leverage in case of violation of labor rights by employees.

Resolution of disputes between the employee and the employer

When contacting qualified lawyers, the employer can solve the most common problems:

  • creation of the most effective protective mechanisms in case of disputes with employees. This includes drafting an employment contract that protects the interests of the employer as much as possible, preparing local regulations on labor regulations, regulations on material payments, workplace safety regulations, etc.;
  • development of a procedure for dismissal of employees and bringing them to disciplinary and material liability in accordance with the law;
  • resolve emerging litigation with employees and be sure that at all stages of the trial, the interests of the employer will be protected in strict accordance with the law;
  • resolve emerging collective disputes with employees. In this case, we are talking about negotiations with the trade union, because going to court will be a last resort and will not always lead to a positive decision for the employer. In the event of a collective dispute, it is best to seek the help of a qualified mediator.

If the employer manages to correctly and competently exercise his legitimate rights and interests, then he will be able to avoid many conflict situations with workers. Due to the complexity of exercising their rights and interests, the employer should seek professional legal assistance.

An individual labor dispute is considered in a special manner, regulated by Labor Code. Where the injured worker needs to go, what are the terms of application and consideration, and what will be the result - such questions are often asked by employees who find themselves in a not very pleasant situation due to the fault of their employer.

What is an individual dispute?

The Labor Code separates two types of labor disputes between employees and their employer:

  1. Collective. Affects the interests of a group of people at once. Typically, such disputes relate to working conditions in the organization, monetary remuneration for work (salary).
  2. Individual. It takes place between a particular employee and his employer.

The latter variety requires the initiative of the employee himself, while collective disputes can be resolved without his direct participation (someone else represents the interests of all employees).

If we consider the concept of an individual labor dispute, then it refers to the disagreements that have arisen between an employee of an enterprise and his employer. They can only touch labor issues. Moreover, the option of an amicable solution in such situations is excluded, and the proceedings are initiated by the employee by submitting his claims to one of the bodies for resolving such disputes.

The subject of such a dispute is usually disagreements concerning a particular person. If the rights of a group of persons are infringed at once, then we are already talking about a collective labor dispute. The individual usually concerns the application of an employment contract, legislative norms or local acts. Moreover, such a dispute may arise between the employer and the current, former or potential employee.

Where and how to apply?

There is a special procedure for considering individual labor disputes with their own terms. Thus, the legislation determines that the right to resolve such conflicts, according to Art. 382 of the Labor Code of the Russian Federation, two bodies are endowed at once:

  • commission considering labor disputes;

Citizens cannot apply to other authorities with this issue. But a person has the right to decide where to go. Usually, workers first try to resolve the conflict through a labor dispute committee. If they consider the decision made incorrect, the employee has the right to go to court. Another option is also possible - immediately go to the judiciary.

Some conflicts in accordance with Art. 391 of the Labor Code of the Russian Federation are resolved only in court - there is no provision for applying to the commission on them. We are talking about disputes related to the following situations:

  1. the employer refused to hire an employee who was previously invited to the company for a position by transfer (it is impossible to revoke such an invitation by law, therefore, such behavior of the employer is considered illegal);
  2. the employee has been discriminated against in the workplace (for example, on the basis of gender or race);
  3. the employee caused damage to the employer, as a result of which the latter demanded the recovery of compensation, the amount of which cannot be determined without higher authorities;
  4. the reasons for dismissal were incorrectly indicated or the date of dismissal was changed that did not correspond to the actual one;
  5. payment for forced absenteeism (when the employee is reinstated in the same place, and the employer is obliged to pay compensation).

More often, individual labor disputes are resolved in court, since additional time is required to collect the commission. It is easier for an employee to file a written complaint with a higher authority and deal with it already there.

When should you apply?

As in any other case, an appeal to a court or to a labor dispute commission must take place within a certain period of time. The following time frames are put forward:

  • through a commission- no later than 3 months after the employee's rights were violated, and he found out about it (individually, the period for applying can be increased if there is good reasons e.g. due to a long illness);
  • in a court- within 3 months after the incident, if we are talking about dismissal, then this period is reduced to 1 month from the date of signing the order or receiving work book, if the issue concerns wages and other payments, then the period is increased to 1 year (the court also has the right to increase the time for applying if the employee has good reasons).

The commission should consider the issue of the applicant for no more than 10 days, otherwise he can immediately go to court, withdrawing the application to create a commission. He can also go to a higher authority in case of disagreement with the decision, but this must be done within 10 days after the decision is made by the commission.

Russian labor law constantly changing, but more always protect the rights of the worker. Therefore, the employer should constantly monitor changes in the laws governing the relationship between the employee and the employer. Mistakes in building an employment relationship with an employee can lead to labor disputes.

The cause of the dispute may be issues of application of labor legislation, a collective or labor agreement. At the same time, a dispute may arise with former employee institutions (for example, on the issue of unjustified dismissal). It is also worth noting that Art. 64 of the Labor Code of the Russian Federation prohibits unreasonably refusing to hire an applicant. And this means that a person who was denied employment can also be a party to a labor dispute. In practice, many managers pay too little attention to labor relations and continue to make mistakes, for which they have to pay as if in a pre-trial order (orders and administrative fines imposed officials state inspection labor) and in court. Often, in the course of labor activity, disagreements arise between the employee and the employer related to the application of labor law norms.

So, the employee may believe that he was illegally attracted:

  • to disciplinary responsibility;
  • as a kind of disciplinary responsibility - illegally dismissed (removed from office, performance of duties);
  • to liability.
  • In addition, an employee may consider illegal:
  • transfer to another position (another unit);
  • change in wages;
  • changing working conditions;
  • change in labor functions, incl. and combination of professions (positions).

The bodies that deal with such disputes are the Labor Dispute Commission (CTC) and the court. The parties usually turn to them after an attempt to resolve disputes through negotiations. Article 391 of the Labor Code of the Russian Federation does not provide for mandatory pre-trial appeal to the CCC, and one can apply to the court both after consideration of an individual dispute by the commission, and bypassing the CCC. The legislation does not establish a special obligation for employers to create a CCC in an organization, therefore, cases when a CCC is created in an organization are extremely rare. And if the employer is acting individual, which is not individual entrepreneur, then individual labor disputes that are not settled by the employee and the employer independently are considered only in court (Article 308 of the Labor Code of the Russian Federation).

Based on the definition of labor relations given in Art. 15 of the Labor Code of the Russian Federation, it can be established that the challenge disciplinary action imposed for committing a misdemeanor, and the recovery of wages and other payments due under the law or the contract, and the reinstatement at work with the recovery of unearned earnings are individual labor disputes. The main difficulty in resolving labor disputes is often the lack of direct rules in the Labor Code of the Russian Federation, which has to be overcome with the help of scientific doctrines, acts of interpretation of the highest court and the norms of international treaties to which the Russian Federation is a party.

It is no secret that employers are ready to involve employees for every insignificant violation of the order they have established. In order to avoid such abuses, Art. 192 of the Labor Code of the Russian Federation provides for taking into account the severity of the misconduct. From this position, it seems logical to examine the question of the object of the violation by the court: whether the violated clause of the local act is objectively important and necessary. Failure to fulfill this obligation entails the unconditional cancellation of the penalty. In accordance with Art. 193 of the Labor Code of the Russian Federation, the employer is obliged to request a written explanation from the employee regarding the violation labor discipline. The absence in the case of information about the provision of a period for explanation entails the cancellation of the order for recovery. If, when comparing the texts of the order and the explanation, it is revealed that there are no necessary parts describing the essence of the violation, giving a detailed justification for the penalty ( local act, an article of a code or other normative legal act), the severity of the violation, the order should be considered illegal.

A well-formed order has almost the same content as judicial act in relation to a suspect in a criminal or administrative case, indicating the right to appeal within two months to the state labor inspectorate or a court. In practice, this is rare, the employer prefers to get off with a few phrases, as a result of which he loses in court.

Courts often take the side of workers. However, the employer also has the opportunity to win the case.

In order to minimize possible negative consequences for both the employer and the employee, when considering a labor dispute, great attention should be paid to correct design labor relations, and the development of local normative documents should only be trusted by professionals.

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