home
Psychology of fear
Ways to resolve labor disputes. Labor disputes and the procedure for their resolution

Ways to resolve labor disputes. Labor disputes and the procedure for their resolution

11.10.2019

Labor disputes should be understood as disagreements arising over the application of labor legislation, the establishment or change of working conditions. These disputes are resolved in the manner prescribed by law.

All labor disputes are divided into individual and collective.

Individual labor disputes - labor disputes arising between an employee and the administration of an enterprise, institution, organization on the application of legislative and other regulatory acts on labor, a collective agreement and other labor agreements, as well as an employment contract (contract).

Collective labor disputes.

The subject of a collective labor dispute is the legitimate interests and rights of the labor collective or collectives of two or more enterprises, institutions, organizations. The reason for such disputes may be disagreements on the issues of changing production rates, piece rates, the establishment of wage systems, working hours, holidays, labor protection, etc.

Principles of consideration of labor disputes KTS

The equal right of all employees to protect their interests.

Speed of consideration.

Publicity.

Availability of appeals to labor dispute resolution bodies.

Trade union establishment.

Collectivity.

Free review.

Guaranteed execution of decisions.

Consideration of disputes in strict accordance with existing legislation.

Labor disputes are considered:

commissions on labor disputes;

district (city) courts.

The Labor Disputes Commission is the primary body for the consideration of labor disputes arising at enterprises, institutions, organizations (subdivisions), with the exception of disputes for which a different procedure for their consideration has been established.

A labor dispute is subject to consideration by the CCC if the employee, on his own or with the participation of the trade union organization representing him, has not settled the differences in direct negotiations with the administration.

In accordance with the current legislation, an employee can apply to the CCC within three months from the day when he learned or should have learned about the violation of his right. And CCC is obliged to consider the dispute within ten days from the date of filing the application. The CCC makes decisions by a majority vote of the committee members present at the meeting.

Organization of commissions on labor disputes

The commission on labor disputes is an elected body of the labor collective, elected by its general meeting (conference). The general meeting (conference) decides how many members of the KTS should be elected and for how long. And also secretly or openly hold elections of the CCC. Employees who received the majority of votes and for whom more than half of the members of the labor collective present at the meeting, and at the conference - of the conference delegates present, are considered elected to the CCC (including the CCC of the subdivision).

The management of the KTS, i.e. its chairman, deputies and secretary are elected by the already elected members of the CCC at its first organizational meeting.

Competence of the commission on labor disputes

The competence of the CCC is the legal sphere of its activity, reflecting its various functions in the field of labor disputes. The CCC is a mandatory primary body for the consideration of all labor disputes arising from an employment legal relationship on the application of labor legislation, except for those for which a different procedure for their consideration is established.

Deadline for applying to the labor dispute committee

The term for applying to the CCC is a claim or limitation period, as a period of time established by law for applying to a jurisdictional body for the protection of a violated (according to the plaintiff) right or legitimate interest.

An employee always addresses the CCC with a labor dispute. The administration is not given such a right by law.

The claim period for an employee to apply to the CCC with a labor dispute is three months from the day when he learned or should have learned about the violation of his rights.

Missing the claim period for applying to the CCC without good reason entails for the employee the loss of the right to protect his right to the CCC. Therefore, the claim period is considered as a material period for the implementation of the protection of the labor rights of the employee. And skipping it without good reason entails the adoption of a decision by the CCC to dismiss the claim for missing the statute of limitations. KTS cannot refuse to accept an application for a labor dispute due to a missed limitation period. Only at its meeting the CCC finds out the reason for this omission. She can restore the claim. If the reason for his omission was valid, and consider the dispute on the merits.

All applications of employees to the KTS must be registered in the register of their registration by an employee allocated by the administration for the organizational and technical maintenance of the KTS. This journal indicates the deadline for receipt of a labor dispute. What is the dispute about and the term for the decision of the CCC on this dispute.

The procedure for considering a labor dispute in the commission

Article 386 of the Labor Code of the Russian Federation contains the main provisions on the dispute resolution process. The CCC may sit on this dispute more than once, interrupted to clarify additional issues, evidence, etc.

The presence of the representative - the administration and the employee who submitted the application at the meeting is obligatory. An absentee consideration of a labor dispute is possible only upon a written application of the employee. He may indicate in the application on the dispute that he asks to consider the dispute in his absence. If the employee fails to appear for the second time without good reason at the meeting of the commission, then the CCC may decide to withdraw his application from consideration. But this does not deprive the employee of the right to re-apply for the dispute, if the three-month claim period has not been missed.

The CCC meeting is held at a non-working time convenient for the employee concerned, he and the administration are notified in advance of the time for the consideration of the labor dispute. A representative of the administration must be present to express the opinion of the administration on the requirement of the worker. The procedure for consideration of labor disputes in the CCC is exceptionally democratic. The case must be prepared for the meeting in an appropriate manner by the chairman of the CCC or, on his behalf, by a member of the CCC: the necessary witnesses in the case are called, if necessary, a technical or accounting check is carried out by the relevant specialists and the necessary documents and calculations are requested from the administration, and it is obliged to submit them upon request KTS.

The law does not precisely define the procedure for holding a CCC meeting. But he determined that the meeting of the CCC is competent to resolve the dispute if at least half of the members elected to its composition are present. This does not count members who retired due to death or dismissed.

The commission resolves the dispute by conferring and voting directly in the meeting room in the presence of the employee and other persons. This ensures "wide publicity and public control over the work of the CCC. A copy of the minutes of the CCC meeting is usually posted for general familiarization of members of the labor collective.

The procedure for making decisions on labor disputes

The decision of the CCC is considered adopted if the majority of the members of the commission present at the meeting voted for it (voting open). The minutes of the CCC meeting shall be signed by all members of the commission present at the meeting. Including those who voted against this decision.

At the same time, a member of the commission who does not agree with the decision of the majority, signing the protocol, has the right to express his dissenting opinion in it.

The three-day period for handing over copies of the CCC decision to the employee and the administration is the procedural period established by law. Only after receiving such a copy of the decision of the CCC, any of the disputing parties can appeal it to the court.

The decision of the commission on labor disputes may be appealed by the interested employee or the administration to the district (city) court within ten days from the date of delivery of copies of the commission's decision to them. Missing the specified period is not grounds for refusing to accept the application, recognizing the reasons for the omission as valid, the court may restore this period and consider this dispute on the merits.

Execution of the decision of the commission on labor disputes

The decision of the CCC must be executed by the administration on a voluntary basis within three days after the expiration of the ten-day period for appealing it, if it has not been appealed within this period.

The decision of the CCC on the reinstatement of an illegally transferred employee must be executed by the administration immediately, that is, on the second day after the decision of the CCC, the administration is obliged to issue an order to reinstate him at work and allow him to his previous job, even if she appealed the decision of the CCC to the court.

Labor disputes considered in district (city) courts

Article 391 of the Labor Code of the Russian Federation provides for the jurisdiction of labor disputes to the court. There are two types of labor disputes. The first part provides for an appeal to the court of decisions of the CCC by an employee, administration or the relevant trade union committee that protects the interests of an employee who is a member of this trade union, as well as a prosecutor who considers the decision of the CCC unlawful. Thus, here the court accepts the labor dispute for consideration, which has passed the pre-trial stage of its resolution.

The second group of labor disputes considered by the court are disputes directly (that is, without consideration by the CCC) subordinate to the court.

The following labor disputes are considered directly in court without applying to the CCC:

at the request of employees of those small industries where CCCs are not elected or where for some reason they have not been created;

at the request of a dismissed employee to be reinstated at work, regardless of the grounds for termination of the employment contract, to change the date and wording of the reason for dismissal, to pay for involuntary absenteeism, with the exception of disputes on these issues by executive employees and others specified in the CT of the Russian Federation, as well as federal civil servants. Thus, the law provides for direct judicial protection of the right to work upon dismissal of all employees, except for the above persons. Disputes of elected employees on early dismissal by decision of the bodies that elected them are not under the jurisdiction of either the court or the CCC;

at the request of the administration for compensation by the employee for material damage caused to the enterprise, institution of the organization.

Disputes about unreasonable refusal to hire upon application are also resolved directly in court:

a person invited to work in the order of transfer from another enterprise, institution, organization;

a young specialist sent after the completion of vocational training in accordance with the established procedure to this production;

another person with whom the administration, in accordance with the law, was obliged to conclude an employment contract, sent, for example, by the employment service at the expense of the quota for accepting a disabled person or a teenager established by this employer;

a pregnant woman or a woman with children under the age of three, a single mother? children under 14 years of age (disabled child under 16 years of age) in case of refusal of admission on the grounds of motherhood.

The court also directly considers all labor disputes on compensation by the employer for harm caused to the employee in connection with. injury or other damage to health at work. If the victim does not agree with the decision of the administration on his statement about this or did not receive the employer's response to his statement within the established 10-day period.

Terms of applying for resolution of a labor dispute to a district (city) court

An application for resolving a labor dispute is submitted to the district (city) court within three months from the day when the employee learned or should have learned about the violation of his right, and in cases of dismissal - within three months from the date of delivery of a copy of the dismissal order or from the date of issuance work book.

These terms are shorter in comparison with other civil cases considered in court, which reflects one of the basic principles of the procedure for considering labor disputes - the speed of resolving these disputes.

The procedure for consideration of collective labor disputes (conflicts)

Collective labor disputes (conflicts) arising between the administration of an enterprise, institution, organization and the labor collective (unit team) or trade union on the issues of establishing new or changing existing working and living conditions, concluding and executing collective agreements and other agreements are considered in accordance with the legislation on procedure for resolving collective labor disputes (conflicts).

Collective labor disputes are unresolved disagreements between employees and employers (hereinafter referred to as the parties) regarding the establishment and change of working conditions (including wages). Conclusions, changes and implementation of collective agreements, agreements on issues of social and labor agreements.

Employees at their general meeting (conference) put forward and formulate demands in writing, accepting them by a majority vote. At the same time, they elect their authorized representatives to participate in the resolution of a collective labor dispute.

When putting forward the same requirements by different representatives of employees, they have the right to create a single body to participate in the resolution of a collective labor dispute.

The employer, having received the demands of the employees in writing, is obliged to consider them and notify the employee's representative of his decision in writing within three working days from the date of receipt of the requirements.

If the employer satisfies the requirements of the employees, then the disagreements are considered settled and there is no collective dispute.

If the employer completely or partially rejects the demands of employees, then a collective labor dispute may already arise.

The moment of commencement of a collective labor dispute is the day when the employer's decision to reject all or part of the workers' claims or the employer's failure to communicate its decision on the claims within the established period of three working days is announced, as well as the date the protocol of disagreements was drawn up during collective negotiations.

A collective dispute is resolved, as a rule, by conciliation procedures. They are the consideration of a collective labor dispute with the aim of resolving it by a conciliation commission, parties with the participation of an intermediary, in labor arbitration.

Representatives of employees are bodies of professional trade unions and their associations authorized to represent in accordance with their charters, as well as bodies of public amateur performance formed at a meeting (conference) of employees of an organization, branch, representative office and authorized by them.

Representatives of employers are the heads of organizations or other persons authorized in accordance with the charter of the organization, other legal acts, as well as the authorized bodies of associations of employers or other bodies authorized by employers.

Consideration of a collective dispute that has arisen begins with a conciliation commission. It is created within three working days from the moment the collective labor dispute begins from the representatives of the parties, and according to their role in making the decision of the commission. The dispute must be considered by it within a period of up to five working days from the date of issuance of the order on its creation. The employer has no right to evade the creation of a conciliation commission and participation in its work.

The decision of the conciliation commission is made if there is an agreement on it by the disputing parties, and not by voting. It is drawn up by the minutes of the commission and is binding on the parties, and is executed in the manner and within the time period established by the decision.

If the parties do not reach an agreement in the conciliation commission, they continue the conciliation procedures with the participation of a mediator. This is the second stage of consideration of a collective labor dispute, when it is not resolved in the conciliation commission. But the parties can agree to resolve the dispute not with an intermediary, but in labor arbitration immediately.

The mediator is invited by agreement of the parties on the recommendation of the Collective Dispute Resolution Service or independently of it. If the parties, within up to three working days from the moment of applying for an intermediary to the Service, do not reach an agreement on the candidacy of the mediator, then he is appointed by the Service.

The very procedure for considering a dispute with the participation of a mediator is determined by the mediator by agreement with the disputing parties. And the term for its consideration is up to seven calendar days from the moment of invitation (appointment) of the intermediary. Its consideration ends with the adoption of an agreed decision in writing or the preparation of a protocol of disagreements, if an agreed decision has not been made.

Labor arbitration? This is a temporary body for the consideration of a collective labor dispute. It is created by the disputing parties and the Service, but from third parties? three labor arbitrators recommended by the Service or proposed by the parties themselves. It is created no later than three working days from the end of the consideration of the dispute by the conciliation commission or mediator.

Representatives of the parties cannot be members of the labor arbitration, but it considers the dispute with the participation of representatives of the parties within up to five working days from the date of its creation.

Labor arbitration ends the consideration of the dispute with the development of recommendations in writing, which are transmitted by the parties and are binding on them if the parties have concluded an agreement on this in writing.

The law provided for the rights and obligations of the state body that facilitates the resolution of a collective labor dispute by organizing conciliation procedures and participating in them - the Service for the Settlement of Collective Labor Disputes with its local bodies (hereinafter referred to as the Service).

forms a list of mediators and labor arbitrators and trains them how to resolve collective labor disputes;

checks, if necessary, the powers of the parties to the collective labor dispute;

carries out notification registration of collective labor disputes upon notification of employers;

identifies and summarizes the causes and conditions for the emergence of collective labor disputes, prepares proposals for their elimination;

provides methodological assistance to the parties at all stages of resolving collective labor disputes;

organizes the financing of conciliation procedures, i.e. payment of intermediaries, labor arbitrators;

organizes work on the settlement of collective labor disputes.

The law established guarantees for members of the conciliation commission, mediators, labor arbitrators for the period of their participation in the resolution of a collective labor dispute: they are released for this time from their main job with the preservation of average earnings for a period of a year - no more than three months, i.e. they may be released several times a year, but not more than three months in total.

During the period of resolution of a collective labor dispute, representatives of trade unions, their associations, bodies of public amateur performance (elected by the meeting, conference of workers) participating in it cannot be dismissed at the initiative of the administration, transferred to another or moved, and also subjected to disciplinary action without the prior consent of the person who authorized them to body representation. These additional special guarantees of the right to work of these workers were introduced for the first time by the Law of the Russian Federation on collective labor disputes.

The law was fixed in accordance with Art. 37 of the Constitution of the Russian Federation, the right of workers to strike under the conditions and in the manner prescribed by law.

Representatives of employers are not entitled to organize a strike and participate in a strike.

The law gave a legal definition of the concept of a strike, indicating that a strike is a temporary voluntary refusal of employees to perform their work duties (in whole or in part) in order to resolve a collective labor dispute. It can be only after attempts by peaceful procedures to solve it. If conciliation procedures have not led to the resolution of the dispute or the employer evades conciliation procedures, does not comply with the agreement on a collective labor dispute, employees have the right to use meetings, rallies, demonstrations, picketing, including the right to strike.

Participation in a strike is voluntary and no one can be forced to participate or refuse to participate in a strike, otherwise the persons who force it to do so bear disciplinary, administrative and criminal liability.

A strike may be declared only by decision of a meeting (conference) of production workers (branch, representative office) or by decision of a trade union organization, association of trade unions.

The assembly (conference) has the right to take such a decision on a strike. When it is attended by at least two thirds of the total number of employees, members of the trade union organization (conference delegates). This decision is made if at least half of those present at the meeting (conference) voted for it. The meeting (conference) elects the body leading the strike. This body warns the employer about the beginning of the strike in writing no later than ten calendar days, indicating in the warning the date and time of the strike, its duration, and the number of participants.

The law also provided for another type of strike - a warning watch. It can be announced once after five calendar days of work of the conciliation commission. The employer must also be notified in writing about it, but no later than three working days in advance. The employer warns the Service about the strike.

When conducting a strike, including a warning one, the heading body is obliged to provide a minimum of work and services.

This body has the right to suspend the strike, but when it is resumed, it is obliged to notify the employer and the Service about this no later than three working days.

The authority of the body leading the strike is terminated by the signing of an agreement on the settlement of a collective labor dispute or when the strike is declared illegal. Unless otherwise provided by the meeting (conference) of employees. For example, by electing this body, it may entrust it with control over the execution of the agreement on the dispute.

During the strike period, the disputing parties, together with the executive authority (local self-government), are obliged to ensure public order, the safety of production property, as well as the operation of machinery and equipment, the stoppage of which poses a direct threat to human life and health. In the same industries whose work is related to the safety of people, ensuring their health and the vital interests of society (transport, water supply, supply, ambulance, hospitals, etc.), during a strike, a minimum of necessary work (services) must be provided, which is determined by agreement of the parties together with the local government (executive) within five days from the date of the decision to declare a strike.

If this minimum necessary work (service) is not provided, then the strike may be declared illegal.

During the strike period, the parties continue to resolve the collective labor dispute through conciliation procedures.

A strike may be declared illegal by a court of a subject of the Russian Federation (republic, territory, region, etc.) at the request of the employer or the prosecutor.

The court's decision to recognize the strike as illegal is communicated to the body leading the strike, which is obliged to immediately inform the workers about this and they must start work the next day.

Strikes that create a real threat to the foundations of the constitutional order and the health of others are illegal; employees of the Armed Forces of the Russian Federation, law enforcement agencies, agencies of the Federal Security Service - if this creates a threat to the defense of the country and the security of the state.

The state of emergency law may restrict the right to strike.

The legislation on the Federal Civil Service and on the tax police prohibits these workers from calling strikes and taking part in strikes.

Postponing a strike that has not begun, and a strike that has begun, can be suspended by the court for up to 30 days in the event of an immediate threat to the life and health of people, for example, a strike of medical workers during an epidemic.

The President of the Russian Federation and the Government of Russia have the right to suspend the strike until the issue is resolved by the relevant court, but for no more than ten calendar days.

If a strike cannot be held in the cases specified by law, then the decision on a collective labor dispute is made by the President of the Russian Federation within 10 days.

The law is enshrined in Art. 18 certain legal status of workers in connection with the strike and the guarantee of their right to work. Thus, participation in a strike is not a violation of labor discipline and grounds for terminating an employment contract, except in cases of continuation of a strike recognized by a court decision that has entered into force as illegal, or a delayed or suspended strike.

For the duration of the strike, the place of work and position are retained for the duration of the strike, and the employer has the right not to pay wages to them during this time.

Non-strike workers continue to work and receive; wages, and if they cannot work because of a strike, they are paid downtime through no fault of theirs, i.e. not less than two thirds of their tariff rate.

A collective agreement, a social partnership agreement or an agreement reached on a collective labor dispute may provide for compensation payments to strike participants.

The Law of the Russian Federation of 20.X.1995 in chapter 4 provided for liability for violation of the legislation on collective labor disputes.

The resolution of labor disputes is the most important way to protect labor rights. The right of employees to consider labor disputes is provided for by the Constitution of the Russian Federation.

Labor disputes are divided into individual and collective.

An individual labor dispute is a disagreement that arises between an employee and the command of a military unit on issues related to the application of labor legislation, a collective and labor agreement, internal labor regulations, the establishment of new and changes in existing working and living conditions.

The main bodies considering individual labor disputes are labor dispute commissions (CTS), elected at a general meeting (conference) of the labor collective of a military unit, and district (city) courts.

The CCC is the primary body for the consideration of labor disputes arising in military units, with the exception of disputes for which a different procedure for their consideration is established. A labor dispute is subject to consideration in the CCC if the employee, independently or with the participation of the trade union organization representing him, has not settled the differences during direct negotiations with the command of the military unit.

An employee can apply to the CCC within three months from the day when he learned or should have learned about the violation of his right. If the deadline is missed for valid reasons, the CCC may restore it and resolve the dispute on the merits.

The KTS is obliged to consider the labor dispute within ten days from the date of the employee's application. Copies of the decision of the CCC are handed over to the employee and the commander of the military unit within three days from the date of the decision.

The decision of the CCC may be appealed by the interested employee or the command of the military unit to the district (city) court within ten days from the date of delivery of copies of this decision to them.

Without the decision of the CCC, labor disputes are considered directly in the courts in the cases specified in the Labor Code of the Russian Federation:

Disputes about reinstatement;

Disputes about denial of employment;

Disputes about changing the date and wording of the reason for dismissal, etc.

Collective labor dispute - unresolved disagreements between civilian personnel and the employer regarding the establishment and change of working conditions (including wages), the conclusion, change and implementation of collective agreements and agreements.

In the event of these disagreements, representatives of employees elected by a majority vote at the general meeting draw up requirements in writing and transfer them to the representative of the command of the military unit, thereby entering into collective negotiations.

The commander of the military unit is obliged to accept the requirements for review and notify the representatives of employees in writing about its results within three working days.

The day the command of the military unit informs about the rejection of the requirements of civilian personnel is the moment of the beginning of a collective labor dispute.

To resolve the disagreements, conciliation procedures are used (conciliation of the dispute by the conciliation commission, mediators or labor arbitration), from participation in which none of the parties to the collective dispute has the right to evade.

The conciliation commission is created within a period of up to three working days from representatives of the parties on an equal basis and is announced by order of the military unit.

A collective labor dispute must be considered by the conciliation commission within five working days. The decision of the conciliation commission is drawn up in the minutes of the commission and is binding on the parties, and is executed in the manner and within the time limits established by the decision.

If no agreement is reached, conciliation procedures continue with the participation of an intermediary or in labor arbitration.

Employees of the Service for Settlement of Collective Labor Disputes may be involved in the resolution of collective labor disputes.

The selection of a candidate for a mediator is made by agreement of the parties. If an agreement is not reached within three days, the mediator is appointed by the Service for Settlement of Collective Labor Disputes.

Consideration of a collective labor dispute with the participation of a mediator is carried out within seven days from the moment of his invitation (appointment) and ends with the adoption of an agreed decision or the drawing up of a protocol of disagreements.

Labor arbitration is a temporary body formed by agreement of the parties and consists of three labor arbitrators independent of the parties to the dispute. The composition, regulations, powers of labor arbitration are formalized by the decision of the command of the military unit, the representative of employees and the service for the settlement of collective labor disputes.

Labor arbitration considers the dispute within five days, develops recommendations for its settlement, which are submitted to the parties to the dispute in writing and become binding if the parties have entered into an agreement in writing on their implementation.

The procedure for resolving collective labor disputes is determined by the Federal Law “On the Procedure for Resolving Collective Labor Disputes” and the Order of the RF Ministry of Defense “On the Procedure for Resolving Collective Labor Disputes in the Armed Forces of the Russian Federation”.

Control questions:

1. Report the definition of labor law, explain what relates to the subject of labor law.

2. Report the main principles of labor law.

3. Report the concept of an employment contract and briefly describe its types.

4. Report the essential and additional terms of the employment contract.

5. Report what additional payments to civilian personnel can be made in a military unit?

6. Report the list of documents that must be provided by the employee when applying for a job.

7. Report the grounds for terminating the employment contract.

8. Report the concept and describe the main types of labor discipline.

9. Report the types of incentives applied by the command of the military unit to civilian personnel.

10. Report on the types and procedure for imposing disciplinary sanctions on the civilian personnel of the military unit.

11. Report the types of labor disputes and give them a brief description.

12. Report the procedure for resolving labor disputes, depending on their types.

The resolution of labor disputes is the most important way to protect labor rights, since the appeal of employees to labor dispute resolution bodies and the adoption of relevant decisions by these bodies is the most effective and democratic way to protect the rights and interests of workers.

The right of employees to consider individual and collective disputes is provided for in Art. 37 of the Constitution of the Russian Federation.

labor dispute- this is a conflict situation that arises in connection with labor activity; these are disagreements resolved in certain procedural and procedural forms regarding the establishment or change of working conditions, the application of labor laws, collective and individual labor contracts.

The causes of labor disputes are quite diverse, they can arise as a reaction to the behavior of both the employee and the employer. The interests of these persons can be multidirectional, which creates the basis for disputes.

Labor disputes can be divided into types for various reasons. The most popular is the division by the subjects of the dispute into individual and collective.

individual dispute- this is an unsettled disagreement between the employer and the employee on the application of laws and other regulatory legal acts containing the norms of labor law of a collective agreement, agreement, labor contract (including the establishment or change of individual working conditions), which is declared to the body for consideration of individual labor disputes.

An individual labor dispute is a dispute between an employer and a person who previously had an employment relationship with this employer, as well as a person who has expressed a desire to conclude an employment contract with the employer, if the employer refuses to conclude such an agreement.

Collective labor dispute- unresolved disagreement between employees (their representatives) and the employer (his representative) regarding the establishment, amendment and execution of collective agreements or agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative body of employees when adopting acts containing labor law norms in organizations .

The bodies authorized to resolve individual disputes are: the commission on labor disputes (CTS), district (city) courts, justices of the peace.

Any conflict that has arisen between the employee and the employer regarding the application of the norms contained in the sources of labor law at various levels can be resolved through negotiations. If this path does not work, the dispute becomes legal.

Article 384 of the Labor Code of the Russian Federation

Labor dispute commissions are formed at the initiative of employees and (or) the employer from an equal number of representatives of employees and the employer. Representatives of employees to the commission on labor disputes are elected by the general meeting (conference) of employees of the organization or delegated by the representative body of employees with subsequent approval at the general meeting (conference) of employees of the organization.

Representatives of the employer are appointed to the commission by the head of the organization.

Dispute resolution in the CCC is a pre-trial procedure. The Commission has jurisdiction over any labor disputes, except for those that are referred to the jurisdiction of the courts of general jurisdiction.

The KTS can be formed in each organization from among the employees and representatives of the employer. It is formed at a meeting of the general meeting (conference). The head of the organization sends representatives of the employer to the KTS. The legislator only in the most general form determined the procedure for the commission's activities, more detailed rules are established by local acts of organizations.

The employee has the right to apply to the KTS within three months from the moment when he learned or should have learned about the violation of his right. If there are valid reasons, the term of application can be restored. Dispute consideration is carried out only in the presence of the applicant. To make a decision, at least half of the members of the commission from both sides must be present at the meeting. The decision is taken by secret ballot by a simple majority of those who took part in the vote. The decision must be motivated and give a clear indication of the satisfaction of the applicant's requirements or the denial of satisfaction. The decision of the commission may be appealed to the court within ten days. If the decision is not appealed, then it comes into force.

The court can consider any labor disputes. A list of cases has been established that the court has the right to consider without prior application to the CCC. In particular, these include disputes about reinstatement, denial of employment, changes in the date and wording of the reason for dismissal, etc. As a rule, a claim for a labor dispute is brought to the court at the location of the organization or its property. The interests of the employee in court proceedings may be represented by the trade union body. When applying to the court for the resolution of a labor dispute, the employee is exempted from paying the state fee and other court costs.

The subject of a collective dispute may be: the establishment, change of working conditions, including wages; conclusion, modification or execution of collective agreements, agreements; and the refusal of the employer to take into account the opinion of the elected representative body of employees in the organization when adopting acts containing labor law norms in organizations.

A feature of collective disputes is the presence of a group interest of workers. These disputes cannot be considered by the court or the CCC. Negotiations are the only way to resolve these disputes. The procedure for considering a collective dispute includes several stages: 1) consideration of a collective labor dispute by a conciliation commission; 2) consideration of a collective labor dispute with the participation of a mediator; 3) consideration of a collective labor dispute in labor arbitration. To assist the parties in reaching an agreement, a specialized body has been created - the Service for the Settlement of Collective Labor Disputes.

Individual labor disputes and the procedure for their consideration

According to Art. 381 of the Labor Code of the Russian Federation, an individual labor dispute is an unresolved disagreement between an employer and an employee (or a person who previously had an employment relationship with this employer, or a person who expressed a desire to conclude an employment contract) on the application of laws and other regulatory legal acts containing labor law norms, collective agreement, agreement, labor contract (including the establishment or change of individual working conditions), which are declared to the body for the consideration of individual labor disputes.

Currently, individual labor disputes are considered by labor dispute commissions (hereinafter referred to as the CCC) and courts of general jurisdiction. In accordance with Art. 383 of the Labor Code of the Russian Federation, the procedure for considering individual labor disputes is regulated by the Labor Code of the Russian Federation and other federal laws, and the procedure for considering cases on labor disputes in courts is also determined by the Code of Civil Procedure of the Russian Federation. In addition, the federal law may establish the specifics of consideration of individual labor disputes of certain categories of employees.

KTS can be formed in any organization, regardless of the legal form and form of ownership, as well as with the employer - an individual entrepreneur.

KTS are formed at the initiative of employees and (or) the employer from an equal number of representatives of employees and the employer.

Representatives of employees are elected to the KTS by the general meeting (conference) of employees or delegated by the representative body of employees with subsequent approval at the general meeting (conference) of employees. Any employees can be elected as members of the CCC, regardless of membership in the trade union, position held, work performed.

Representatives of the employer are appointed in the CCC by the head of the organization or the employer - an individual entrepreneur.

KTS can be created not only in organizations, but also in their structural divisions (for example, in branches, representative offices, workshops). Commissions on labor disputes of structural subdivisions may consider labor disputes only within the powers of these subdivisions.

The chairman, who is elected by the members of the commission, directs the work of the CCC and conducts its meetings. The organizational and technical support for the work of the commission is entrusted to the employer, who must provide premises, allocate office equipment, paper, etc.

The CCC considers the majority of individual labor disputes (for example, disputes on the application of disciplinary sanctions, on remuneration, on changes in existing working conditions, disputes in the field of working hours and rest time, benefits and compensation, etc.), except for those that are classified as exclusive jurisdiction of the courts or for the resolution of which a special procedure is provided. However, before applying to the commission, the employee must independently or with the participation of his representative (for example, a trade union body, lawyer, legal representative) try to resolve differences in direct negotiations with the employer. But if the negotiations did not lead to anything (for example, the employer evades them or refuses to satisfy the requirements of the employee), then the employee has the right to apply to the CCC.

The form of appeal to the CCC is a statement in which the employee indicates the essence of his requirements, substantiating them with the evidence presented, and also indicates the date when he learned about the violation of his right. This date is of great legal importance. According to Part 1 of Art. 386 of the Labor Code, an employee can apply to the CCC within three months from the day he learned or should have learned about the violation of his right. Consequently, labor legislation establishes a reduced statute of limitations for applying to the KTS. However, if the deadline is missed for a good reason (for example, in the event of an illness of an employee or his close relatives, a long business trip, lengthy negotiations with the employer to resolve disagreements, etc.), the employee is not deprived of the right to apply for a dispute resolution in the CCC. In this case, he must submit to the commission an application for the restoration of the term, indicating in it the reason for his absence. If the CCC considers the reason for missing the deadline to be valid, then the deadline is restored and the case is considered in the general manner. In the event that the commission recognizes the missed deadline as disrespectful, it refuses to satisfy the employee's claims. In this case, the decision of the CCC can be appealed to the court.

The application is drawn up in any form and can be submitted by the employee personally or sent by mail, fax, e-mail. In accordance with Part 1 of Art. 387 of the Labor Code of the Russian Federation, an employee's application received by the CCC is subject to mandatory registration. In practice, applications are registered in a special journal maintained by the secretary of the commission, and on the application itself, a mark is placed on its acceptance, sealed with the seal of the CCC.

Having accepted the application, the commission must consider it within ten days. An individual labor dispute is considered in the presence of an employee or a representative authorized by him. Consideration of the dispute in the absence of the employee or his representative is not allowed, except when the employee himself requests this in writing. If the employee or his representative fails to appear at the meeting of the commission, the consideration of the dispute is postponed. In case of a second non-appearance without good reason, the commission has the right to withdraw the application from consideration. The law does not provide for a list of valid reasons for non-appearance, so the commission has the right, in its opinion, to classify the reasons for non-appearance as valid or not. Withdrawal of the application from consideration does not deprive the employee of the right to file an application for consideration of the dispute again within the three-month limitation period.

The employer or his representative has the right to participate in the meeting, but their failure to appear does not prevent the consideration of the application.

A meeting of the commission is considered competent if at least half of the members representing employees and at least half of the members representing the employer are present.

The CCC has the right to invite witnesses to the meeting and require the employer to provide the necessary documents (orders, statements, reports, etc.) within the time period set by it.

The course of consideration of an individual labor dispute by the CCC is recorded in the protocol, which is kept by the secretary, signed by the chairman of the commission or his deputy and certified with a seal.

Having considered all the submitted materials, having listened to the arguments of the parties, the testimonies of witnesses, the CCC shall make a decision by secret ballot. Moreover, the decision is made by a simple majority of votes of the members of the commission present at the meeting. This means that each member of the commission does not depend on the party of labor relations from which he was elected (appointed) to the commission.

The decision of the commission is signed by the chairman, and copies of the decision, affixed with the seal of the commission and the signature of the chairman, are issued to the employee and employer within three days.

The decision of the CCC may be appealed by the employee or employer to the court within ten days from the date of delivery of a copy of the decision to him. Moreover, if this period is missed for a good reason, it can be restored by the court if there is a request for this from the person concerned.

A decision of the CCC not appealed within ten days shall enter into force. After that, it must be executed by the employer voluntarily within three days. If the employer does not comply with the decision of the commission within the prescribed period, then it issues to the employee, at his request, a certificate, which is an executive document, for enforcement. Despite the fact that the Labor Code of the Russian Federation does not provide for what should be contained in the CCC certificate, according to established practice, it indicates: the name of the employer where the commission was created; surname, name, patronymic of the employee; the date of the decision and the content of its operative part; date of issue of the certificate. The certificate is signed by the chairman of the CCC and certified by a seal.

Having received a certificate, the employee has the right, no later than three months, to present it for execution to the bailiff, who, guided by the provisions of the Federal Law "On Enforcement Proceedings", enforces the decision forcibly. In case of missing the deadline for presenting the CCC certificate for execution for good reasons, the employee may apply to the commission with an application for the restoration of this period.

Individual labor disputes are subject to consideration in court in cases provided for by the Labor Code, namely:

1) if within ten days from the date of receipt of a copy of the CCC decision, it is appealed to the court. An application to the court can be filed by employees, employers or trade unions protecting the interests of the employee at his request, if they do not agree with the decision of the CCC, as well as the prosecutor, if the employee for health reasons, age and other valid reasons cannot apply to the court himself;

2) if the CCC did not consider the employee's application within the established period (10 days) and did not resolve the individual labor dispute;

3) if the CCC has not been created by the employer or has ceased to be valid;

4) if the employee decided to go to court, bypassing the CCC; such a right is provided for by Part 1 of Art. 391 of the Labor Code of the Russian Federation;

5) if the law refers the consideration of labor disputes to the exclusive competence of the court.

The current Labor Code of the Russian Federation (Article 391) provides that the following labor disputes are considered directly in the courts:

about the reinstatement of the employee at work, regardless of the grounds for termination of the employment contract, about changing the date and wording of the reason for dismissal, about transferring to another job, about payment for the time of forced absenteeism or about paying the difference in wages for the time of performing lower-paid work, about illegal actions of the employer when processing and protection of personal data;

on compensation by the employee for damage caused to the employer, unless otherwise provided by federal laws;

about refusal to hire;

all disputes of persons working under an employment contract with employers - individuals who are not individual entrepreneurs, and employees of religious organizations.

In addition, disputes are considered in courts:

persons who believe that they have been discriminated against (Article 3 of the Labor Code);

on compensation to an employee for moral harm caused by unlawful actions or inaction of the employer (Article 394 of the Labor Code);

on the issues of investigation, registration and accounting of accidents at work, non-recognition by the employer of an accident, refusal to investigate an accident and draw up an appropriate act, disagreement of the victim with the content of this act (Article 231 of the Labor Code).

The means of initiating civil proceedings is a claim, which is presented to the court in the form of a statement of claim. The statement of claim aimed at resolving individual labor disputes must contain the information provided for by the Code of Civil Procedure of the Russian Federation.

The statement of claim is signed by the applicant and presented to the court in person or by mail.

In addition to fulfilling the requirements imposed by civil procedural legislation on the form and content of the statement of claim, on the generic and territorial jurisdiction of labor disputes, compliance with the deadlines for applying to the court is of no small importance.

Thus, the decision of the CCC can be appealed to the court within 10 days from the date of delivery of a copy of the decision to the employee and employer.

The employee has the right to go to court to resolve the dismissal dispute within one month from the date of delivery of a copy of the dismissal order to him or from the date of issuance of the work book to him.

For all other claims of the employee for the protection of his labor rights, a three-month period is set, which begins to run from the day when he knew or should have known about the violation of his right.

The employer has the right to apply to the court for disputes on compensation by the employee for damage caused to the employer within one year from the date of discovery of the damage caused. The day when the damage was discovered is the day when the head of the organization (employer - individual) became aware of the presence of damage caused by the employee. The day of detection of damage identified as a result of inventory of material assets, an audit or an audit should be considered the day of signing the relevant act or conclusion.

The deadlines for applying to the court, missed for a good reason, may be restored by the court at the request of the person concerned.

When submitting an application with a missed limitation period, the judge must accept it, but if during the court session it is announced that the deadline has been missed, the court refuses to satisfy the claim (Article 199 of the Civil Code of the Russian Federation).

Consideration of the statement of claim is carried out by the court according to the rules of action proceedings.

The Labor Code of the Russian Federation provides for provisions relating to making decisions on disputes about dismissal, transfer to another job and satisfaction of the employee's monetary claims (Articles 394, 395 of the Labor Code of the Russian Federation).

If the dismissal of an employee or his transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the court. In addition, the court decides on the payment to the employee of the average earnings for the entire period of forced absenteeism or the difference in earnings for the entire period of performing lower-paid work. At the request of the employee, the court may limit itself to making a decision on the recovery of the above amounts in his favor.

At the request of the employee, the court may decide to change the wording of the grounds for dismissal to dismissal of their own free will.

If the wording of the reason for dismissal is recognized as incorrect or not in accordance with the law, the court is obliged to change it and indicate in the decision the reason and grounds for dismissal in strict accordance with the legal wording. If the incorrect wording of the reason for dismissal in the work book prevented the employee from entering another job, then the court decides to pay the employee the average earnings for the entire time of forced absenteeism.

In cases of dismissal without legal grounds or in violation of the established procedure for dismissal or illegal transfer to another job, the court may, at the request of the employee, decide to compensate the employee for monetary compensation for moral damage caused to him by these actions.

If the body considering an individual labor dispute recognizes the employee's monetary claims as justified, they are satisfied in full without a time limit. The employee’s monetary claims include the following claims: for payment of forced absenteeism, payment of the difference in earnings in case of illegal transfer, payment of compensation for unused vacation, vacation pay, payment of severance pay and maintaining average earnings for the period of employment, payment of wages and its indexation, payment of compensation for harm caused to the life or health of an employee, etc.

An illegally dismissed or transferred employee must be allowed to perform labor duties at his previous job the next day after a decision is made to reinstate him at work or in his previous position. This decision is subject to immediate execution, without waiting for its entry into force (Part 4, Article 211 of the Code of Civil Procedure of the Russian Federation). If the employer delays the execution of such a decision, the court issues a ruling on payment to the employee for the entire time of the delay in the average earnings or the difference in earnings.

The decision of the court may be canceled on appeal (decisions of magistrates), cassation (decisions of federal courts), supervisory procedure or on newly discovered circumstances. However, unlike the norms of the Code of Civil Procedure of the Russian Federation, which provide for a reversal of the execution of a decision in civil cases in all cases of cancellation or change of a decision, in labor cases such a reversal is possible only in exceptional cases. The reverse recovery from the employee of the amounts paid to him in accordance with the court decision is possible only if the decision is canceled by way of supervision and if the canceled decision was based on false information reported by the employee or forged documents submitted by him (Article 397 of the Labor Code).

In addition to the claim procedure for considering individual labor disputes in courts, civil procedural legislation provides for a special simplified procedure for considering an employee's claims for the recovery of wages accrued but not paid to him, the so-called writ proceedings (see Chapter 11 of the Code of Civil Procedure of the Russian Federation). In accordance with Part 7 of Art. 122 Code of Civil Procedure of the Russian Federation on the demand for the recovery of accrued, but not paid wages to an employee, a justice of the peace issues a court order on the basis of an appropriate application to this effect. If there are no objections on the part of the debtor regarding its execution, the court order is issued to the exactor for presenting it for execution. A court order is not only a decision of a judge, but also has the force of an executive document. Recovery on it is carried out in the manner established for the execution of court decisions.

A labor dispute is an unresolved disagreement between an employer and an employee (individual labor dispute) or an employer and a team of employees (collective labor dispute).

The right to individual and collective labor disputes, including the right to strike, is enshrined in para.

4 tbsp. 37 of the Constitution of the Russian Federation.

The Labor Code of the Russian Federation defines an individual labor dispute as unresolved disagreements between an employer and an employee on the application of laws and other regulatory legal acts containing labor law norms, a collective agreement, an agreement, an employment contract (including the establishment or change of individual working conditions), about which are declared to the body for the consideration of individual labor disputes (Article 381).

Such bodies are labor dispute commissions (CTC) and courts. KTS is a permanent body created in the organization specifically for the consideration of individual labor disputes. It is formed from an equal number of representatives of employees and the employer. Representatives of employees to the commission on labor disputes are elected by the general meeting (conference) of employees of the organization or delegated by the representative body of employees with subsequent approval at the general meeting (conference) of employees of the organization. Representatives of the employer are appointed to the commission by the head of the organization.

The CCC considers all labor disputes, except for those for which a judicial or special procedure for consideration is provided.

/ The employee has the right to apply to the KTS within three months from the day when he learned or should have learned about the violation of his right. And the CCC must consider the dispute within ten days from the date of filing the application^ The dispute is considered in the presence of the employee who submitted the application, or a representative authorized by him. The Labor Disputes Commission has the right to summon witnesses to the meeting and invite specialists. At the request of the commission, the head of the organization is obliged to submit the necessary documents to it within the prescribed period. The commission on labor disputes makes a decision by secret ballot by a simple majority of votes of the members of the commission present at the meeting.

If an individual labor dispute is considered by the labor dispute commission within ten days, the employee has the right to transfer its consideration to the court.

\ The decision of the commission on labor disputes may be appealed by the employee or the employer to the court within ten days from the date of handing him a copy of the decision of the commission.

Individual labor disputes are considered directly in the courts on the basis of applications: ?

the employee - on reinstatement at work, regardless of the grounds for termination of the employment contract, on changing the date and wording of the reason for dismissal, on transferring to another job, on payment for the time of forced absenteeism, or on payment of the difference in wages for the time of performing lower-paid work; ?

employer - on compensation by the employee for harm caused to the organization, unless otherwise provided by federal laws. Also, the courts consider disputes on refusal to hire persons working under an employment contract with employers - individuals; individuals who believe they have been discriminated against.

For an employee, the term for applying to the court is the same as in the CCC - 3 months, with the exception of disputes about reinstatement - in this case, the employee has the right to apply to the court within 1 month from the date of delivery of a copy of the dismissal order to him or from the day issuance of a work book.

The employer has the right to apply to the court for disputes on compensation by the employee for harm caused to the organization within one year from the date of discovery of the harm caused.

Labor disputes are heard by magistrates, except for reinstatement disputes, which are heard by district courts. At the same time, employees are exempted from paying duties and court costs.

[A collective labor dispute is an unresolved disagreement between employees (their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, change and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer take into account the opinion of the elected representative body of employees when adopting acts containing labor law norms in organizations.

To resolve a collective labor dispute, the Labor Code of the Russian Federation provides for conciliation procedures, which consist of the following stages: consideration of a collective labor dispute by a conciliation commission, consideration of a collective labor dispute with the participation of a mediator and (or) in labor arbitration. None of the parties to a collective labor dispute has the right to evade participation in conciliation procedures.

The conciliation commission is formed from representatives of the parties to the collective labor dispute on an equal basis within three working days from the moment the collective labor dispute begins. The decision of the conciliation commission is taken by agreement of the parties to the collective labor dispute. If the agreement of the conciliation commission is not reached, the parties to the collective labor dispute continue conciliation procedures with the participation of a mediator and (or) in labor arbitration.

The procedure for consideration of a collective labor dispute with the participation of a mediator is determined by agreement of the parties to the collective labor dispute with the participation of a mediator. If within three working days the parties to the collective labor dispute have not reached an agreement on the candidacy of the mediator, then they proceed to create a labor arbitration.

Labor arbitration is a temporary body for the consideration of a collective labor dispute, which is created if the parties to this dispute have concluded an agreement in writing on the mandatory implementation of its decisions.

If conciliation procedures have not yielded results, or the employer evades participation in them, or does not comply with the agreement reached, employees can resort to at least a labor dispute resolution - a strike - a temporary voluntary refusal (in whole or in part) from the performance of labor duties. Participation in a strike is voluntary. No one may be forced to participate or refuse to participate in a strike. The employer is not entitled to apply disciplinary sanctions for participating in a strike. The dismissal of employees in connection with a collective labor dispute and a strike is declared an administrative fine in the amount of forty to fifty times the minimum wage (Article 5.34 of the Code of Administrative Offenses of the Russian Federation).

Legislation strictly regulates the procedure for declaring and conducting a strike, provides for the possibility of declaring a strike illegal and the consequences of such recognition.

Ways to resolve labor disputes. Labor disputes and the procedure for their resolution

Individual labor disputes and the procedure for their consideration

More on the topic 11.15. Labor disputes and the procedure for their consideration: