Individual labor disputes and the procedure for their consideration. Labor disputes and the procedure for their resolution according to the legislation of the Russian Federation

Resolving labor disputes is the most important way to protect labor rights. The right of workers 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 to existing working and living conditions.

The main bodies considering individual labor disputes are labor dispute commissions (LCC), elected by general meeting(conferences) of the labor collective of the 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 has been established. A labor dispute is subject to consideration by the CCC if the employee, independently or with the participation of the trade union organization representing his interests, has not resolved disagreements during direct negotiations with the command of the military unit.

An employee can apply to the CCC within three months from the day he learned or should have learned about a violation of his rights. In case of missing good reasons deadline The CCC can restore it and resolve the dispute on its merits.

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

The decision of the CCC can 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 a 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 refusal to hire;

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), conclusion, amendment and implementation of collective agreements and agreements.

If these disagreements arise, employee representatives elected by a majority vote at the general meeting formalize the requirements in writing and transfer them to a 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 consideration and inform the employee representatives in writing about its results within three working days.

The day the command of the military unit reports the rejection of the demands of civilian personnel is the moment the collective labor dispute begins.

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

A conciliation commission is created within 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 a conciliation commission within five working days. The decision of the conciliation commission is documented in the protocol of the commission and is binding on the parties, and is executed in the manner and within the time frame established by the decision.

If no agreement is reached, conciliation procedures continue with the participation of a mediator 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 choice of a mediator is made by agreement of the parties. If an agreement is not reached within three days, a 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, consisting of three labor arbitrators independent of the parties to the dispute. The composition, regulations, and powers of labor arbitration are formalized by the decision of the command of the military unit, the representative of workers and the service for the settlement of collective labor disputes.

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

The procedure for resolving collective labor disputes has been determined Federal law“On the procedure for resolving collective labor disputes” and the order of the Ministry of Defense of the Russian Federation “On the procedure for resolving collective labor disputes in the Armed Forces Russian Federation».

Control questions:

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

2. Report the basic principles of labor legislation.

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

4. Report essential and additional conditions employment contract.

5. Report what additional payments can civilian personnel be carried out in a military unit?

6. Provide a list of documents that must be provided by the employee upon employment.

7. Provide the reasons for terminating the employment contract.

8. Explain the concept and characterize 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 the types and procedure for imposing disciplinary sanctions on 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.

Any citizen in the process of work may encounter violations of labor legislation by his employer. This can be expressed both in illegal actions (for example, refusal to accrue well-deserved compensation) and inaction. In order to achieve the restoration of legal rights, an employee needs to know the rules that he can use in this case, as well as the procedure for resolving labor disputes in various instances.

It must be taken into account that the violation committed by the employer in itself is not a labor dispute, since each party to the relationship gives a subjective assessment of the actions. In addition, any controversial situation can be resolved without involving a third party. If it was not possible to resolve it peacefully, then the employee has the right to appeal to the jurisdictional authority. It is after this that the disagreement that arose between the parties, according to Articles 354-365 of the Labor Code of the Russian Federation, develops into a labor dispute and is considered in the manner prescribed by law.

This concept implies a dispute that has arisen between the subjects of relations, which is regulated by labor legislation. At the same time, they are divided into two main groups: individual - when the rights of one employee were violated, and collective - when the illegal actions of the employer affected several employees and the claim is made on behalf of a group of workers.

A labor dispute involves going through several stages:

Violation of labor legislation by the employer or his authorized person, resulting in a violation of the rights of one or more employees;
The parties’ assessment of the current situation, the emergence of disagreements;
Resolving controversial issues without involving a third party;
Appeal of a worker or group of workers to a jurisdictional body to protect their violated rights.

In this case, only a situation that has reached the 4th stage is recognized as a labor dispute. On at this stage the citizen’s actions are aimed at restoring his rights, which are enshrined in legislation, local regulations, labor agreement and so on. According to Article 381 of the Labor Code of the Russian Federation, an employee’s complaint sent to the jurisdictional body is recognized as an individual labor dispute. The bodies involved in the consideration of such disputes include:

State Labor Inspectorate - the procedure for considering an application and the procedure for making decisions is enshrined in Articles 354-365 of the Labor Code of the Russian Federation.
Courts of general jurisdiction - the procedure for addressing and resolving conflicts is specified in Articles 391-397 of the Labor Code of the Russian Federation;
Commissions for the settlement of disputes in the field of labor legislation in organizations - Articles 382, 384-390 of the Labor Code of the Russian Federation are devoted to this method of resolving conflicts between subjects of legal relations.
Higher organizations, according to the order of subordination, which have the right to resolve labor disputes.

In addition, the norms of the Labor Code, in particular Articles 379-380, enshrine the right of workers to independently protect their own interests and violated labor rights.

Consideration of labor disputes

Disagreements that arose between the parties and could not be resolved pre-trial are resolved by contacting the competent authority. In this case, the worker has the right to submit an application or complaint to several structures simultaneously. For example, if wages are not paid, an employee can apply to Labor inspection, and to court. Since the time frame for appealing against an employer’s illegal actions is quite short, it is often impossible to make a sequential appeal first to one body and then to another. Therefore, the documents are sent simultaneously.

The State Inspectorate has the opportunity to issue an order to the management of the enterprise to stop violating labor legislation and bring it to administrative responsibility. The court, for its part, makes a decision on the merits of the dispute. That is, it issues a resolution obliging the employer to restore the violated rights of the employee (for example, to pay wages). All financial claims of an employee can only be satisfied in court. This also applies to compensation for moral damage that an employee received as a result of the employer’s illegal actions.

As for the terms of appeal, in labor disputes they are three months when applying to the court and the CCC, and in the case of illegal dismissal - a month from the date of delivery of the relevant order or issuance work book. Regarding property disputes relating to compensation for harm caused to the health of a worker at work, no restrictions on the time limits for claims have been established.

In order to prevent delays in the consideration of applications for labor disputes, the legislation also establishes procedural deadlines during which authorized persons an objective and complete decision must be made:

When contacting the CCC, the issue is considered on its merits within 10 days;
In court - up to 10 days are given to make a decision, as well as 7 days to prepare for the consideration of the case;
Appeal to a higher authority - considered no more than a month from the date of receipt of the application;
In labor arbitration and conciliation commissions - up to 5 days, and with the participation of a mediator - up to 7 days.

If the established deadlines are missed for valid reasons (for example, illness), the citizen has the right to apply for their restoration and acceptance of the complaint for consideration. In this case, it is necessary to submit documents confirming the presence of valid circumstances or reasons that led to the missed deadline for appeal.

When considering the case on the merits authorized body, his employee has the right to claim Required documents, invite witnesses and experts if required. After the final decision is made, it must be given to the applicant within 3 days.

If one of the parties is not satisfied with the decision made and considers it incomplete or inconsistent with current legislation, then it can be appealed in court no later than 10 days from the date of receipt of the relevant document.

Individual labor disputes and the procedure for their consideration

The procedure for considering individual and collective labor disputes is significantly different. Therefore, the procedure for making decisions on them is also different. As for individual labor disputes, that is, those that arose between an employer and one employee, they are considered in the manner established by the labor code. To protect their interests, a citizen has the right to appeal to the State Labor Inspectorate or the court.

It should be noted that a party to an individual dispute can be either a current employee of the company or a citizen recently fired from it or not hired. Moreover, the latter has the right to file a complaint if it is considered that the refusal of employment is illegal or there are no sufficient grounds for it. Regarding those persons who currently work at the enterprise, a dispute may arise as a result of violation by the management of the enterprise of the current legislation, local acts of the organization, employment contract, as well as disagreements on the interpretation of certain norms and rules.

Initially, the employee can appeal to the labor dispute commission, if one has been organized at the enterprise. It consists of the head of the company or his representative, as well as a member of the trade union. In this case, decisions on controversial issues are made unanimously. If the employee does not agree with him, he also has the right to go to court. In this case, it is important to comply with the deadlines for appeal, since consideration of the issue by the CCC is not a basis for their suspension.

In some cases, consideration of labor disagreements between an employer and an employee is possible only in court. This particularly applies to issues of payment of compensation, including for moral damage. The court decision is binding if it is not appealed within the prescribed period.

When appealing to the CCC and the court, the applicant essentially enters into open confrontation with the employer. Continuation labor relations in this case, it is quite problematic, therefore citizens resort to these methods of protecting their rights only in extreme cases. If the employee wishes to continue working at current enterprise, then it would be rational to contact the Labor Inspectorate with a request not to inform the employer about the identity of the applicant. Such “anonymous” reviews may be conducted if the specifics of the situation allow the name of the employee who filed the complaint to be kept secret.

Collective labor disputes and the procedure for their consideration

According to Article 389 of the Labor Code of the Russian Federation, a collective labor dispute is a disagreement between an employer and employees that arose as a result of a violation of the norms of current legislation and the rights of workers by the management of an enterprise or officials that were not settled out of court.

At the same time, employees whose interests have been violated draw up a collective written appeal to the employer, in which they outline the essence of the existing disagreements. The start time of the dispute is the day the workers receive a response from the management of the enterprise, with a partial or complete refusal to satisfy the workers’ demands, as well as non-compliance with the agreements reached.

It must be taken into account that collective demands must be approved at a meeting of workers whose rights were violated by the employer. At least half of the employees must be present in order for their decision to be considered valid. The employer, for his part, not only has no right to interfere with the holding of a meeting, but is also obliged to provide them with suitable premises for this.

After sending properly completed requirements to the employer, a copy of this document is sent, in accordance with Article 407 of the Labor Code of the Russian Federation, to the service involved in the settlement of collective disputes in the field of labor legislation. This organization, for its part, verifies that the employer has received these requirements.

The management of the enterprise, within 3 days from the moment it receives the advisory document, must make a decision and send it in writing to the representative of the group of workers.

Resolution of a labor dispute in this case is possible by:

Appeals to the conciliation commission;
Involving a mediator to find a way out of a conflict situation;
Consideration of the case in labor arbitration;

At the same time, the first and mandatory step for any collective dispute is to contact the conciliation commission. And only if it is impossible to resolve the conflict, workers can resort to the help of a mediator or apply to labor arbitration.

According to Article 418 of the Labor Code of the Russian Federation, all recommendations and agreements adopted in the process of conciliation procedures must be drawn up in writing (in the form of protocols) and signed by representatives of workers and the employer. Control over their compliance, according to Art. 408 of the Labor Code of the Russian Federation, rests with the parties themselves.

The interests of employees participating in a collective labor dispute are protected by law. According to Article 405 of the Labor Code of the Russian Federation, citizens who are members of the conciliation commission are exempt from working at their main place of work. During the entire period of conflict resolution, they are paid an average salary, but not more than 3 months per year.

Avoidance of the parties from consideration of a labor dispute is not allowed. The employer’s refusal to organize a conciliation commission or labor arbitration, as well as failure to comply with the agreements reached, can lead to a strike by workers, as well as bringing the organization’s management to disciplinary and administrative liability.

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NOVOSIBIRSK STATE AGRICULTURAL UNIVERSITY

Economic Institute

Department of Environmental and Land Law

On the topic: Labor disputes and the procedure for their resolution

Completed by: student 438g

Zelch A.A.

Checked by: Adamovich K.R.

Novosibirsk 2007

Introduction

Conclusion

Regulations

Introduction

Labor relations occupy one of the leading places in the system of modern social relations.

Labor relations arise between an employee and an employer in the process of performing their duties.

However, often in the system of employer-employee relations problems arise related to the failure of either party to fulfill its obligations specified in the employment contract. That is, violations of the employment contract by one of the parties to the labor relationship are committed. In this regard, labor disputes arise - disagreements between the parties to the employment contract.

The Constitution of the Russian Federation recognizes the right to individual and collective labor disputes using the methods for resolving them established by federal law, including the right to strike. (Article 37 of the Constitution of the Russian Federation)

“The main objectives of labor legislation are to create the necessary legal conditions to achieve optimal coordination of the interests of the parties to labor relations, the interests of the state, as well as legal regulation labor relations and other directly related relations…” - Article 1 of the Labor Code of the Russian Federation.

The purpose of this work: to consider labor disputes arising during the validity of the employment contract.

Objectives: define the concept and types of labor disputes; consider the subjects involved in the process of resolving labor disputes; identify ways to resolve them.

1. Concept and types of labor disputes

A labor dispute is a disagreement between subjects of labor law regarding the application of labor legislation or the establishment of new working conditions between them that has been submitted for resolution to a jurisdictional body.

The body that considers a labor dispute is called jurisdictional.

Labor disputes can arise precisely when the disputing parties bring the resolution of their differences to the jurisdictional body.

Disagreements arise in cases where the guilty party commits a labor offense against the other party, or when a labor offense has not been committed, but one of the parties believes that unlawful actions have been committed against it.

A labor offense is the culpable failure or improper fulfillment by an obligated subject of his labor duties in the sphere of labor and distribution, and, consequently, a violation of the rights of another subject of a given legal relationship.

Labor offenses in themselves are not yet labor disputes. The same action can be assessed by each party in its own way. A discrepancy in assessments is a disagreement. This kind of disagreement between the subjects of labor law can develop into a labor dispute in the case when it is not settled by the parties themselves, but is submitted for consideration legal body, in other words, one party challenges the action (inaction) of the obligated party that violated its labor rights.

Labor disputes can be classified:

1) regarding the disputing subject;

2) by the nature of the dispute;

3) by type of disputed legal relationship.

Finding out the type of labor dispute will help resolve it as quickly as possible.

Let's take a closer look at the types of labor disputes.

Firstly, according to the disputing subject, all labor disputes are divided into individual and collective.

Individual disputes include transfer, promotion or demotion qualification category, hiring or dismissal from work, etc. Collective disputes will be between the trade union committee or the labor collective with the employer that arise when concluding a collective agreement, when approving Bonus provisions, plans social development and so on.

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 enter into employment contract with the employer, if the employer refuses to conclude such an agreement. (Article 381 of the Labor Code of the Russian Federation)

In individual disputes, disagreements arise related to the rights and legitimate interests of a particular employee.

In collective disputes, the rights, powers and interests of the entire workforce or part of it, the rights of the trade union committee as a representative of the workers of a given production on issues of labor, everyday life, and culture are disputed and protected.

Collective disputes arise: from the legal relations of the labor collective with the employer (the employer, its administration, including with a higher management body, for example, a concern, a ministry; legal relations between the trade union committee and the administration; etc.).

Collective labor dispute is an unresolved disagreement between employees and employers (hereinafter referred to as the parties) regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements on issues of social and labor relations. (Article 2 of the Federal Law “On the procedure for resolving collective labor disputes”)

Secondly, according to the nature of labor disputes, they are divided:

1) to disputes about the application of labor legislation, where the violated rights of an employee or trade union committee are protected and restored;

2) to disputes about the establishment of new or changes in existing socio-economic working and living conditions that are not regulated by law. They can arise from an employment relationship - on the establishment of new working conditions for an employee locally, for example, a new vacation period according to the vacation schedule, a new tariff category, as well as those arising from the collective organizational and managerial nature of legal relations.

The Labor Code regulates the procedure for resolving labor disputes between employees and the employer on the application of labor legislation, a collective agreement, as well as other labor agreements and on the establishment of new or changing existing working conditions for an employee.

Thirdly, according to the type of disputed legal relationship, labor disputes can be divided into:

1) disputes from labor relations;

2) disputes from legal relations regarding employment, for example, a dispute in connection with the refusal to hire a disabled person or another person with whom the employer is obliged to conclude an employment contract;

3) disputes arising from legal relations regarding supervision and control over compliance with labor legislation and labor protection rules, for example, the actions of a sanitary, technical or legal inspector who imposed a fine on an official are disputed;

4) disputes arising from legal relations regarding personnel training and advanced training in production, for example, referrals for advanced training to another location;

5) disputes arising from legal relations regarding compensation for material damage by an employee of an enterprise, for example, matching the amount of deductions made by the employer from wages for damage caused;

6) disputes arising from legal relations regarding compensation by an enterprise for damages to an employee in connection with damage to his health at work;

7) disputes arising from the legal relations of the trade union committee with the employer on issues of labor, everyday life, culture, for example, labor disputes about the timing of the revision of production standards;

8) disputes arising from the legal relationship of the labor collective with the employer, for example, during the election and approval of economic managers, etc.;

9) disputes arising from social partnership legal relations.

When a labor dispute arises, it is important to correctly classify it, which will help determine its jurisdiction, and first of all, find out whether it is an individual or collective dispute, about the application of labor legislation or about the establishment of new labor conditions, changing existing ones, as well as from what legal relationship the labor dispute arose .

2. Participants in the resolution of labor disputes

To resolve labor disputes, the employer and employees use the services of their representatives, who express their will in the jurisdictional authorities.

In accordance with Article 33 of the Labor Code of the Russian Federation, representatives of the employer when conducting collective negotiations, concluding or amending a collective agreement are the head of the organization or persons authorized by him in accordance with this Code, laws, and other regulatory legal acts, constituent documents organizations and local regulations.

When conducting collective negotiations, concluding or amending agreements, resolving collective labor disputes regarding their conclusion or amending, as well as when forming and carrying out the activities of commissions to regulate social and labor relations, the interests of employers are represented by the relevant associations of employers.

Association of employers - non-profit organization, uniting employers on a voluntary basis to represent the interests and protect the rights of their members in relations with trade unions, bodies state power and organs local government.

Peculiarities legal status employers' associations are established by federal law.

Representatives of employees, in accordance with Article 29 of the Labor Code of the Russian Federation, in social partnership are: trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions, or other representatives elected by employees in cases provided for by this Code.

The interests of the organization's employees when conducting collective negotiations, concluding and amending a collective agreement, monitoring its implementation, as well as when exercising the right to participate in the management of the organization, considering labor disputes between employees and the employer are represented by the primary trade union organization or other representatives elected by employees.

The interests of workers when conducting collective negotiations on the conclusion and amendment of agreements, resolving collective labor disputes regarding the conclusion or amendment of agreements, monitoring their implementation, as well as when forming and carrying out the activities of commissions for regulating social and labor relations are represented by the relevant trade unions and their territorial organizations, associations of trade unions and associations of territorial organizations of trade unions.

Employees who are not members of a trade union have the right to authorize the body of the primary trade union organization to represent their interests in relations with the employer. (Article 30 of the Labor Code of the Russian Federation)

If there is no primary trade union organization in the organization, as well as if there is a trade union organization that unites less than half of the workers, at the general meeting (conference), employees can entrust the representation of their interests to the specified trade union organization or another representative.

The presence of another representative cannot be an obstacle to the implementation trade union organization their powers. (Article 31 of the Labor Code of the Russian Federation)

According to Article 14 of the Federal Law “On trade unions, their rights and guarantees of activity", trade unions have the right to participate in the settlement of collective labor disputes, have the right to organize and conduct strikes, meetings, rallies, street processions, demonstrations, picketing and other collective actions in accordance with federal law, using them as a means of protection social and labor rights and interests of workers.

Labor disputes arising between an employee and the administration of an enterprise, institution, organization, on the application of legislative and other regulations on labor, a collective agreement and other labor agreements, as well as the terms of an employment agreement (contract), are considered:

Individual labor disputes are considered by labor dispute commissions and courts;

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.

Modern Russian legislation presupposes the existence of a single body regulating all labor relations in the country. Federal Labor Inspectorate - unified centralized system state bodies exercising supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms on the territory of the Russian Federation. (Article 354 of the Labor Code of the Russian Federation)

3. Procedure for resolving labor disputes

Individual labor disputes not resolved by the employee and the employer - an individual independently, are considered in court

The moment the collective labor dispute begins is the day the employer communicates its decision to reject all or part of the workers’ demands (or failure to communicate in writing within three working days from the date of receipt of the employer’s decision to the workers’ representative), as well as the date of drawing up a protocol of disagreements during collective bargaining.

From this moment, the parties can begin conciliation procedures for considering a collective labor dispute with a view to resolving it by a conciliation commission, the parties with the participation of a mediator, and in labor arbitration.

Collective labor disputes, according to the nature of the dispute, are divided into two types: 1) on the application of labor legislation, the implementation of collective contracts and agreements in the exercise of powers of the labor collective or the relevant trade union; 2) on the establishment of new or changes in the relevant socio-economic conditions of work and life of workers in collective agreements, local and other social partnership agreements.

For example, the first type includes disputes regarding changes organizational structure enterprises, application of moral and material incentives for success in work, etc. The second type includes disputes regarding the introduction of new benefits for certain categories of workers, new provisions on bonuses, new conditions of a collective agreement of a regulatory nature, etc.

Disputes arising between the relevant social partners during collective negotiations on the conclusion of agreements are disputes about the establishment of new working conditions, and disputes about the implementation of accepted agreements are disputes about the application of labor legislation, collective agreements and agreements.

The conciliation commission is a parity body of the disputing parties. It is created by the parties themselves from an equal number of their representatives on an equal basis. It must be formed within three working days from the moment the collective labor dispute begins and formalized by an order of the employer and a decision of the employee representative. The employer does not have the right to evade its creation and participation in its work and is obliged to create the necessary conditions for her work.

The conciliation commission must consider the dispute within five working days from the date of issuance of the order on its creation.

Meetings of the commission must be held with the full complement of designated representatives. From among its members, the commission selects a chairman and a secretary by open vote, but they must be from different parties. The commission to resolve a dispute may meet more than once within five days, since it may be necessary to consult with the labor collective, administration, local government, higher economic, trade union and other interested bodies. The commission is obliged to use all opportunities at its disposal to resolve the collective labor dispute that has arisen.

If the parties do not reach an agreement in the conciliation commission, then they continue conciliation procedures with the participation of a mediator or in labor arbitration, as they agree on. If they do not agree on this issue, then they must begin to create labor arbitration.

Consideration of a collective labor dispute with the participation of a mediator is the second stage of peace procedures. To do this, by agreement of the parties, a mediator is invited on the recommendation of the service for the settlement of collective labor disputes (hereinafter simply the Service) or independently of it. And if within three working days from the moment of contacting the Service the parties do not come to an agreement on the candidacy of the mediator, then he is appointed by the Service. The mediator determines the procedure for considering a collective labor dispute with his participation by agreement with the disputing parties. A mediator is a neutral third party in relation to the disputing parties and is intended to help them reach an agreement. He must consider the dispute within seven calendar days from the date of his invitation (appointment). This consideration ends with the adoption of an agreed decision in writing, and if no agreement is reached, the drawing up of a protocol of disagreements.

The intermediary seeks to remove conflict situation. The Service should train mediators in this: it trains both mediators and labor arbitrators, and has lists of both.

If an agreement between the parties on the dispute is not reached and a protocol of disagreements is drawn up, then from that moment the parties turn to the third stage of conciliation procedures - labor arbitration.

Labor arbitration is a temporary body for resolving a specific collective labor dispute. It is created by the parties to the dispute and the Service no later than three working days from the end of the consideration of the dispute by the conciliation commission or with the participation of a mediator.

It is formed by three labor arbitrators recommended by the Service or proposed by the parties to a collective labor dispute. The labor arbitration panel should not include representatives of the parties to the dispute.

The corresponding decision of the employer, employee representative and the Service formalizes the creation of a labor arbitration tribunal, its personnel, regulations and its powers.

Consequently, labor arbitration is a third body in relation to the disputing parties, but created by the parties with the participation of the service. They also determine the order (regulations) of its work.

Labor arbitration considers a dispute with the participation of representatives of its parties within five working days from the date of establishment of the labor arbitration.

Labor arbitration may meet more than once during this five-day period. He considers requests from the parties, receives the necessary documents and information relating to the collective labor dispute. If necessary, he informs state authorities and local governments about the possible social consequences of a collective labor dispute. The labor arbitration ends the consideration of the dispute by developing recommendations on the merits of the dispute in writing. These recommendations are communicated to the parties. They become binding on the parties if the parties have entered into a written agreement on their implementation.

If the employer evades the creation of labor arbitration, the consideration of a dispute about it, as well as the implementation of its recommendations when there was an agreement on their binding nature, then the employees are given the right to go on strike in these cases. An agreement reached in the course of resolving a collective labor dispute is drawn up in writing and is binding on the parties. Control over its implementation is carried out by the parties to a collective labor dispute.

The Service for Settlement of Collective Labor Disputes is government agency, facilitating the resolution of collective labor disputes by organizing conciliation procedures and participating in them.

The main objectives of the service are to facilitate the settlement of collective labor disputes, organize conciliation procedures and participate in them, implement measures to prevent and resolve collective labor disputes.

Employees of the service may, in accordance with the established procedure, be involved in performing work as an expert, mediator or labor arbiter during conciliation procedures for resolving collective labor disputes.

A strike is, as defined by the federal law “On the Procedure for Resolving Collective Labor Disputes”, “a temporary voluntary refusal of workers to perform labor responsibilities(in whole or in part) in order to resolve a collective labor dispute." The right to strike is guaranteed by Article 37 of the Constitution of the Russian Federation.

If conciliation procedures have not led to the resolution of a collective labor dispute or the employer evades conciliation procedures or does not comply with the agreement reached during the resolution of a collective labor dispute, employees have the right to use meetings, rallies, demonstrations, picketing, including the right to strike. Participation in the strike is voluntary. No one can be forced to participate or refuse to participate in a strike. Representatives of the employer do not have the right to organize a strike or take part in it.

The decision to declare a strike is made by a meeting (conference) of employees of an organization, branch, representative office or trade union organization, association of trade unions. The employer must be notified in writing of the start of the upcoming strike no later than ten calendar days in advance.

The right to strike is one of the constitutional labor rights of people in democratic states. Forms part of a broader right to individual and collective labor disputes using established by law procedures. It began to be widely enshrined in constitutions in the post-war period, but was never recognized by the so-called constitutions. "socialist" countries. The right to strike has a significant number of restrictions both at the level of current legislation and in the texts of the constitutions themselves. As a rule, military personnel, employees of law enforcement agencies and essential services are deprived of the right to strike; sometimes this right is denied to all government employees. The law itself, as a rule, also sets out quite complex procedures for the application of the right to strike, considering a strike as an exceptional means.

The employer has the right not to pay workers wages during their participation in the strike, with the exception of workers engaged in performing a mandatory minimum of work (services). For employees who did not take part in the strike, but due to it were not able to perform their work, wages are maintained in amounts not lower than those established by law for downtime through no fault of the employee.

Conclusion

A labor dispute is a disagreement between subjects of labor law on the application of labor legislation or on the establishment of new working conditions between them. Labor disputes can be collective or individual.

Resolution of individual labor disputes (in the event that there is no voluntary reconciliation of the parties) is carried out in court.

The resolution of collective labor disputes goes through several stages:

1) consideration of the dispute by the conciliation commission;

2) consideration of a collective labor dispute with the participation of a mediator;

3) Dispute consideration by labor arbitration.

However, on modern stage development of labor relations, it becomes possible to reduce the number of labor disputes that arise (mainly collective ones) through joint work of trade unions and employers' organizations aimed at optimizing employee-employer relations.

Constant cooperation between trade unions and employers' organizations allows the parties to respond in a timely manner to certain changes in the system of labor relations.

Regulations

1. Labor Code Russian Federation dated December 30, 2001 (as amended on May 9, 2005)

2. Federal Law of November 23, 1995 No. 175-FZ (as amended on December 30, 2001) “On the procedure for resolving collective labor disputes”

3. Federal Law of January 12, 1996 No. 10-FZ (as amended on May 9, 2005) “On trade unions, their rights and guarantees of activity”

List of used literature

Nurtdinova A.F., Okunkov L.A., Frenkel E.B. Commentary on legislation on social partnership. - M.: Yurist, 1999.

Tolkunova V.N., Gusov K.N. Labor law of Russia: Tutorial. - M.: Yurist, 2005.

Labor law: Textbook. - M.: “Status LTD+”, 2002.

Krasnov A.S. Jurisprudence. Textbook for universities. M.: Prospekt Publishing House, 2003.

Resolution of individual labor disputes

As for individual labor disputes, the procedure for resolving them will be briefly presented below.

The specifics of resolving a labor dispute on an individual basis depend on the authority in which such a dispute is being considered. Where are labor disputes resolved? Some disputes are resolved exclusively in the courts. It's about, for example, about disputes related to (Article 391 of the Labor Code of the Russian Federation):

refusal to hire;
changing the date and wording of the reason for dismissal;
discrimination at work;
payment for forced absence;
unlawful actions of the employer when processing and protecting the employee’s personal data;
compensation by the employee for damage caused to the employer.

To go to court, an employee is generally given 3 months from the day he learned or should have learned about a violation of his rights. If the dispute is related to dismissal, the period for going to court is 1 month from the date the employee was given a copy of the dismissal order or from the day the work book was issued (Part 1 of Article 392 of the Labor Code of the Russian Federation). Disputes about non-payment or incomplete payment of wages and other amounts to an employee can be filed in court within 1 year from the date of the established deadline for payment of these amounts (Part 2 of Article 392 of the Labor Code of the Russian Federation). The employer is also given a year if he wants to go to court for compensation by the employee for damage caused to the employer. The period in this case is calculated from the date of discovery of such damage (Part 3 of Article 392 of the Labor Code of the Russian Federation).

Deadlines missed for good reasons can be restored by the court (Article 392 of the Labor Code of the Russian Federation). And the court does not have the right to refuse to accept a statement of claim due to missed deadlines (clause 5 of the Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2).

For those individual labor disputes that the law does not oblige to consider exclusively in the courts, the employee himself decides where to go. He can either go straight to court or entrust the consideration of the dispute to the labor dispute commission. We discussed the procedure for forming the CCC, the specifics of considering a dispute by the commission, making a decision of the CCC and its execution in a separate section. Let us recall, in particular, that the decision of the CCC is subject to execution within 3 calendar days after the expiration of 10 calendar days, which are given for appeal (Part 1 of Article 389 of the Labor Code of the Russian Federation).

If the application deadlines are missed, the labor dispute commission, like the court, can restore these deadlines (Part 2 of Article 386 of the Labor Code of the Russian Federation).

The procedure for resolving labor disputes of a collective nature

The essence of collective labor disputes, the procedure and features of consideration of such disputes are revealed in Chapter. 61 Labor Code of the Russian Federation.

Thus, in the process of resolving collective disputes, conciliation procedures are used, which include (Part 2 of Article 398 of the Labor Code of the Russian Federation):

consideration of a collective labor dispute by a conciliation commission (Article 402 of the Labor Code of the Russian Federation);
consideration of a collective labor dispute with the participation of a mediator (Article 403 of the Labor Code of the Russian Federation);
consideration of a collective labor dispute in labor arbitration (

When performing work duties, an employee has the right to protect his labor rights, freedom and legitimate interests using all methods and procedures not prohibited by law. At the same time, the Constitution of the Russian Federation (Article 37) and labor legislation recognizes the employee’s right to resolve individual and collective labor disputes using the methods for resolving them established by federal law, including the right to strike.

The procedure for consideration between the employee and the employer is established Ch. 60 Labor Code of the Russian Federation. And the procedure for permission is provided Ch. 61 Labor Code of the Russian Federation and is called “conciliation procedures”, while workers have the right to strike. The right to strike is granted by Art. 37 of the Constitution of the Russian Federation and is regulated by Art. 409-415 Labor Code of the Russian Federation.

- these are disagreements between the employer (or his representatives) and the employee (employees) on issues of regulation of labor relations, submitted to the permission of a special jurisdictional body.

Disagreement- this is a different assessment of the situation by the interacting parties.

The cause of a labor dispute is usually labor violations or, in some cases, honest misconception about the existence of an offense.

Classification and types of labor disputes

All labor disputes can be classified on various grounds.

Types of labor disputes by disputing subjects:

individual labor disputes - when they affect the interests of individual workers;
collective labor disputes - when the interests of the entire workforce are affected (for example, the employer’s failure to comply with a collective labor agreement) or part of it (a separate structural unit).

Types of labor disputes regarding legal relations from which they arise (follow from the subject of labor law):

1. labor disputes arising as a result of violation of labor relations (for example, non-payment of wages, o illegal dismissal, delay in issuing a work book, etc.);

2. labor disputes arising from violation of relations directly related to labor, i.e.:

arising from a violation of relations in the organization and management of labor. For example, an employer requires compliance with labor standards that are not provided technological process, or requires that workers complete all production tasks at a pace exceeding the normal speed of task execution, or does not release the employee from work until he completes the production task, etc., and employees in a jurisdictional manner recognize these requirements as unlawful;
arising from a violation of the employment relationship with a given employer. For example, an illegal refusal to hire can be appealed in court;
arising due to a violation of social-partner relations. For example, an employer does not comply with a collective agreement and the employee demands compliance with its provisions in court. Typically, such violations lead to a collective labor dispute, but each employee can defend their interests individually;
arising due to a violation of relations regarding the participation of employees (their representative bodies) in the management of the organization. For example, the employer accepts local regulations without agreement with the primary trade union organization;
arising due to a violation of relations regarding professional training, retraining and advanced training with a given employer. For example, an employer requires an employee to pay for his training or establishes probation after successful training;
arising from a breakdown in relationships financial liability parties to the employment contract. For example, an employer, in violation of labor legislation, recovers from an employee full damages exceeding his average salary by order;
arising from a violation of supervisory and control relationships. Thus, the employer and employee can appeal the illegal application of administrative measures for violation of labor safety standards, and the parties can also appeal the accident investigation report if they do not agree with its contents and conclusions;
arising due to a violation of relations for resolving labor disputes. For example, a party that does not agree with the decision of the labor dispute commission appeals its decision to the court, and the employer can also declare the strike illegal in court;
arising from a violation of mandatory relations social insurance. For example, an employer refuses to pay an employee for two days of sick leave, although by law the first three days are paid at the expense of the employer, and the employee is forced to contact the CTS.

Types of labor disputes by the nature of the dispute:

disputes regarding the application of labor legislation. Including disputes regarding the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the employer’s refusal to take into account the opinion of the representative body of employees);
disputes about establishing or changing existing working conditions.

Types of labor disputes on the subject of the dispute:

disputes regarding the recognition of a right violated by the other party to the employment contract;
disputes regarding the award of payments and damages.

Types of labor disputes according to the method of their resolution:

claim disputes;
non-claim disputes.

Litigable disputes include disagreements arising in connection with the application of regulations, contracts, and labor agreements. In the course of their resolution, the employee seeks restoration or recognition of a specific right for him, i.e., brings a claim. Disputes of a claim nature, as a rule, are individual. Individual labor disputes of a claim nature are considered by labor dispute commissions, courts, and higher authorities, therefore, from the point of view of jurisdiction, three types of proceedings are distinguished. Disputes of a non-litigious nature include disagreements arising in connection with changes in existing or establishment of new working conditions. Collective labor disputes are always non-litigious in nature and therefore are resolved in a special procedural form.

Types of bodies capable of resolving a labor dispute

Types of bodies that can resolve disagreements between participants in relations in the world of work.

The choice of a jurisdictional body capable of resolving a conflict between participants in labor relations largely depends on the nature of the dispute and its causes. A higher-level organization (or a ministry, if the enterprise has departmental subordination) can resolve the conflict if the higher-level organization has the authority to change the decisions of the lower-level organization or give binding instructions. The dispute can be resolved by the Labor Dispute Commission (LCC) if the disagreement concerns labor relations and the parties are the employee and the employer. The judicial authorities consider all individual disputes, since Art. 46 of the Constitution of the Russian Federation enshrines the right of all citizens to judicial protection. The court may also determine the illegality of an ongoing or declared strike. Collective disputes are considered through conciliation procedures, the jurisdictional body of which is a conciliation commission, mediator or labor arbitration. In addition, supervisory and control bodies, which have the right to issue binding instructions, can also help eliminate the causes that caused the conflict, i.e., in fact, end it.

Article 382 of the Labor Code of the Russian Federation names the bodies for considering individual labor disputes: labor dispute commissions and the court. Therefore, we distinguish between bodies that consider labor disputes and bodies that can resolve conflicts between participants in labor relations and those directly related to them. Confusion arises due to conflicting labor laws. So, for example, according to Art. 391 of the Labor Code directly in the courts, individual disputes about reinstatement at work are considered, regardless of the grounds for termination of the employment contract and at the request of persons who believe that they have been discriminated against. Whereas Art. 373 of the Labor Code of the Russian Federation practically allows a dispute over dismissal to be considered administratively. In particular, part 3 of this article says: “ State inspection Labor within ten days from the date of receipt of the complaint (application) considers the issue of dismissal and, if it is recognized as illegal, issues a binding order to the employer to reinstate the employee at work with payment for forced absence.”

Until 2006 Art. 3 of the Labor Code of the Russian Federation also established the right of persons who believe that they have been discriminated against in the field of labor to apply for the restoration of violated rights to the federal labor inspectorate or to court. June 30, 2006 Federal Law No. 90-FZ Art. 3 was changed and only the court was left as the authority protecting citizens from discrimination in the world of work. But, of course, certain norms of labor legislation that define supervisory bodies as having unusual functions in considering labor disputes should not be considered binding, since the powers and competence of supervisory bodies are determined by special legislation. Therefore, supervisory authorities can eliminate the conflict only in the course of performing their control functions.

The nature of the emergence and development of a labor dispute is reflected in the following stages:

first, the root cause of the dispute arises, this is a labor offense or a bona fide misconception regarding the offense;
different assessments of the current situation by the parties to the employment contract, i.e. the emergence of disagreements;
an attempt to resolve disagreements independently through negotiations or mutual consultations, which does not bring results. The law requires mandatory consideration of conflicts (disagreements) between the parties only in certain cases (for example, Article 235 of the Labor Code of the Russian Federation, which provides for compensation by the employer for damage to the employee’s personal property);
sending a statement about the essence of the disagreement with a view to resolving it to the competent jurisdictional authority. It is at this stage that a labor dispute arises;
resolving the dispute on the merits, making a decision;
appeal possible decision taken(optional stage);
execution of the decision.

In a labor dispute, the legislator determines important point that these are unresolved disagreements (Article 381 of the Labor Code of the Russian Federation). The Russian language dictionary contains the following definition: disagreement - lack of agreement due to dissimilarity in opinions, views, interests; contradiction, inconsistency (of words, thoughts). Thus, to resolve disagreements, the parties can conduct mutual negotiations, and if disagreements are not resolved in this way, the conflict develops into a labor dispute if one of the parties, in the prescribed manner, specifically to resolve the conflict that has arisen, applies to a special institution (body), endowed with certain powers (jurisdiction).

The subjects of disagreement in individual disputes are the employee and the employer, but it should be taken into account that the subject of an individual dispute may be a citizen who has expressed a desire to conclude an employment contract with the employer in the event of the employer’s refusal to conclude such an agreement. The subject of collective labor disputes opposing the employer or his representative is labor collective or representatives of employees making demands regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the employer’s refusal to take into account the opinion of the elected representative body of employees when adopting acts containing labor law norms .

Individual labor disputes and the procedure for their consideration. Labor disputes and the procedure for their resolution according to the legislation of the Russian Federation

Consideration of labor disputes

Individual labor disputes and the procedure for their consideration

Collective labor disputes and the procedure for their consideration

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Introduction

Conclusion

Regulations

Introduction

1. Concept and types of labor disputes

2. Participants in the resolution of labor disputes

3. Procedure for resolving labor disputes

Conclusion

Regulations

List of used literature

Similar documents

Resolution of individual labor disputes

The procedure for resolving labor disputes of a collective nature

Classification and types of labor disputes

Types of bodies capable of resolving a labor dispute

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