Bodies for the consideration of individual labor disputes. Consideration of individual labor disputes. Reasons for labor disputes

The procedure for considering labor disputes is established by the Labor Code of the Russian Federation and other federal laws(Article 383 of the Labor Code of the Russian Federation).

In accordance with Art. 382 of the Labor Code of the Russian Federation O authorities for the resolution of individual labor disputes are:

labor dispute commissions;
courts.

In the event of an individual labor dispute in accordance with Art. 384 of the Labor Code of the Russian Federation is being created labor dispute committee... It is formed on the initiative of employees (representative body of employees) and (or) employer (organization, individual entrepreneur) from an equal number of representatives of employees and the employer. The employer and the representative body of workers who received an offer in writing on the establishment of a labor dispute commission are obliged to send their representatives to the commission within ten days.

Representatives of the employer to the labor dispute committee are appointed by the head of the organization, the employer is an individual entrepreneur. Employee representatives to the labor dispute committee are elected 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.

By decision general meeting workers of the labor dispute commission may be formed in the structural divisions of the organization. These commissions are formed and operate on the same basis as the labor dispute commissions of the organization. In the labor dispute commissions of structural divisions of organizations, individual labor disputes may be considered within the powers of these divisions.

The Labor Disputes Commission shall elect from among its members a chairman, a deputy chairman and a secretary of the commission.

The courts consider individual labor disputes based on the applications of an employee, employer or a trade union defending the interests of the employee when they disagree with the decision of the labor dispute commission or when the employee goes to court, bypassing the labor dispute commission, as well as on the application of the prosecutor, if the decision the labor dispute commission does not comply with labor legislation and other acts containing labor standards.

Pre-trial procedure for considering an individual labor dispute

An individual labor dispute is considered by a labor dispute committee if the employee, independently or with the participation of his representative, has not settled the disagreement in direct negotiations with the employer.

An employee can apply to the labor dispute commission within three months from the day he learned or should have learned about the violation of his right. In case of a pass for valid reasons the deadline the labor dispute committee can restore it and resolve the dispute on the merits.

An employee's application received by the labor dispute commission is subject to mandatory registration by the said commission.

The Labor Dispute Commission is obliged to consider an individual labor dispute within 10 calendar days from the day the employee submits the application.

The dispute is considered in the presence of the employee who submitted the application, or his authorized representative. Consideration of a dispute in the absence of an employee or his representative is allowed only upon a written application from the employee. If the employee or his representative fails to appear at the meeting of the said commission, the consideration of the labor dispute is postponed.

In the event of a secondary absence of an employee or his representative without good reason the commission may make a decision to remove the issue from consideration, which does not deprive the employee of the right to submit an application for consideration of the labor dispute again within the time limit established by the Labor Code of the Russian Federation.

The Labor Dispute Commission has the right to summon witnesses to the meeting and invite specialists. At the request of the commission, the employer (his representatives) is obliged to submit the necessary documents to it within the time period established by the commission.

A meeting of a labor dispute committee is considered valid if at least half of the members representing the employees and at least half of the members representing the employer are present.

At a meeting of the labor dispute commission, a protocol is kept, which is signed by the chairman of the commission or his deputy and certified by the seal of the commission.

The Labor Disputes Commission makes a decision by secret ballot by a simple majority of votes of the members of the commission present at the meeting.

The decision of the labor dispute committee shall indicate:

the name of the organization or the last name, first name, patronymic of the employer - an individual entrepreneur, and in the case when an individual labor dispute is considered by a labor dispute commission structural unit organizations - the name of the structural unit, surname, name, patronymic, position, profession or specialty of the employee who applied to the commission;
dates of appeal to the commission and consideration of the dispute, the essence of the dispute;
surnames, first names, patronymics of members of the commission and other persons present at the meeting;
the essence of the decision and its justification (with reference to the law, otherwise);
Voting results.

Copies of the decision of the labor dispute commission signed by the chairman of the commission or his deputy and certified by the seal of the commission are handed over to the employee and employer or their representatives within 3 days from the date of the decision.

The decision of the labor dispute commission is subject to execution within 3 days after the expiration of 10 days provided for appeal (Article 389 of the Labor Code of the Russian Federation).

In case of failure to comply with the decision of the labor dispute commission within the prescribed period, the said commission issues to the employee certificate of execution... An employee can apply for a certificate within one month from the date of the decision by the labor dispute committee. On the basis of a certificate issued by the labor dispute commission and presented no later than three months from the date of its receipt, the bailiff enforces the decision of the labor dispute commission.

If the employee misses the established three-month period for valid reasons, the labor dispute committee that issued the certificate may restore this period.

If the individual labor dispute is not considered by the labor dispute commission within ten days, the employee has the right to postpone its consideration to the court.

The decision of the labor dispute commission may be appealed by the employee or the employer to the court within ten days from the date of delivery of a copy of the commission's decision.

In case of missing the established period for valid reasons, the court may restore this period and consider the individual labor dispute on the merits (Article 390 of the Labor Code of the Russian Federation).

The jurisdiction of labor disputes and the competence of the dispute resolution body are closely related concepts, but not identical and unequal.

The competence of a body considering a labor dispute is the legal sphere of activity, determined by its various functions in the field of labor disputes (the authority to accept a dispute for consideration, the authority to consider disputes in compliance with a certain procedural order and decide on disputes).

The jurisdiction of disputes affects only the right to accept for consideration the dispute that is within the jurisdiction of this body. It is determined by law. But the law did not establish scientifically based criteria for the jurisdiction of labor disputes to a specific body.

The jurisdiction of labor disputes is a definition according to the properties and content of the labor dispute, in which initially the body it should be resolved. Therefore, when determining the jurisdiction of each specific labor dispute, it is necessary to find out what type of dispute - individual or collective. If the dispute is individual, then it is necessary to establish the legal relationship from which it follows. All disputes arising from legal relations directly related to the employment relationship are not subordinate to the labor dispute committee. The correct definition of the jurisdiction of a particular labor dispute is of great practical importance, since the resolution of the dispute by an unauthorized body has no legal force and cannot be enforced.

Established by the Labor Code Russian Federation the procedure for considering individual labor disputes does not apply to disputes on early release from an elective paid position of employees public organizations and other associations of citizens by the decision of their bodies, on disputes between judges, prosecutors, their deputies and assistants, as well as investigators of the prosecutor's office and civil servants on issues of transfer, dismissal (including changing the date and wording of reasons for dismissal), payment of forced truancy upon reinstatement on work and imposing on them disciplinary action... Features of consideration of disputes of these categories of employees are established by other legislative acts, in particular, special laws. But civil servants can apply for a resolution of the dispute not only to the relevant state organizations, but also to the court, since Article 9 of the Federal Law "On the Basics public service Of the Russian Federation ”established an alternative jurisdiction of disputes of their choice.

When considering labor disputes, the court applies the relevant norms of not only labor, but also civil procedural law.

Of great importance for the uniform application of legislation in the consideration of individual labor disputes are the guiding decisions of the Plenum The Supreme Court Russian Federation. They are not sources of law, but provide guidance to courts for the uniform application of rules. labor legislation on specific cases.

The jurisdictional bodies dealing with individual labor disputes are labor dispute commissions and courts.

Currently, according to the legislation of the Russian Federation, labor disputes arising between an employee and an employer or his representatives (administration of an organization, institution, enterprise) on the application of legislative and other normative acts on labor, collective agreements and other labor agreements, as well as conditions employment contract(contract) are considered:

commissions for labor disputes in organizations;

higher authorities for certain categories of workers (judges and others) and the federal labor inspectorate.

Each of the types of labor dispute proceedings is independent. One and the same dispute can go through two types of proceedings in succession: in the labor dispute commission and in court (if the disputing party wishes, not satisfied with the decision of the labor dispute commission). All labor dispute resolution bodies are empowered by the state. Therefore, their decisions are binding and do not need special approval, that is, they are final (if not appealed).

In addition, it is possible to apply a special procedure for pre-trial consideration of certain categories of labor disputes. Thus, for example, disputes are resolved about compensation by the employer for harm caused to the employee by injury, occupational disease or other damage to health in the process of performing job responsibilities... Victims and dependents have the right to appeal against the employer's decision on compensation for harm to the Federal Labor Inspectorate under the Ministry of Labor of the Russian Federation or to state inspection labor of the constituent entity of the Russian Federation.

Most individual labor disputes are considered either directly in the labor dispute commission, or successively going through both stages: in the labor dispute commission, then in court. This procedure is convenient in that disputes can be resolved directly in the organization, that is, at the place of work, where it is possible to collect and evaluate evidence faster and easier.

Labor dispute commissions are formed on the initiative of employees and (or) the employer from an equal number of representatives of employees and the employer.

The labor dispute committee is obliged to consider the dispute within ten days from the date of submission of the application in the presence of the employee and the employer. Consideration of a dispute in the absence of an employee is allowed only upon his written application.

The decision of the Labor Disputes Commission may be appealed by the employee or the administration in court within ten days from the date of delivery of copies of the commission's decision. Missing the specified period is not a reason for refusing to accept the application. Having recognized the reasons for the omission to be valid, the court may restore this period and consider the dispute on the merits. (Annex 1)

Practice shows that the terms for appealing the decision of the labor dispute commission to the court are more often missed by employers than by employees. In addition, they sometimes incorrectly indicate the parties to the dispute, calling themselves plaintiffs, and employees - defendants. However, “regardless of who initiated the case in court - at the request of the employee or the administration, who disagree with the decision of the labor dispute committee, the court resolves this labor dispute in the course of action, in which the plaintiff is the employee, and the defendant is an enterprise, institution, organization challenging his claims ”.

So, let's move on to characterizing the competence and jurisdiction in relation to labor disputes considered by the courts of the Russian Federation.

Some categories of labor disputes presuppose initially (already at the first stage) their consideration directly in court, bypassing the labor dispute commission. Employees of enterprises, institutions, organizations where labor dispute commissions are not elected or for some reason not created;

employees on reinstatement at work, regardless of the grounds for terminating the employment agreement (contract), on changing the date and wording of the reason for dismissal, on payment for the time of forced absence or performance of lower-paid work;

administration on employee compensation material damage caused to an enterprise, institution, organization.

Disputes on refusal of employment are also considered directly in the courts:

persons invited by way of transfer from another enterprise, institution, organization;

young professionals who graduated from higher or secondary specialized educational institution and directed in accordance with the established procedure to work on this enterprise, to an institution, an organization;

other persons with whom the administration of the enterprise, institution, organization, in accordance with the law, was obliged to conclude an employment contract.

It can be said that the distribution of competence between the labor dispute commission and the court is such that the labor dispute commission is primarily concerned with the protection of the individual rights of workers in labor relations. The court is entrusted with the task of protecting the very right to work under an employment agreement (contract) and considering other disputes after a labor dispute commission or when there are no labor dispute commissions.

Judicial statistics show that the vast majority of individual labor disputes heard by courts are resolved in favor of workers. This testifies to the effectiveness of judicial protection of workers' labor rights. The shortcomings in this case (especially the significantly increased terms for the passage of labor disputes in the courts) impede the successful implementation by the courts of state protection of the rights and interests of citizens.

When arising or terminating labor relations, as well as in the process of their action, disagreements often arise between employees and employers. The reason for their occurrence is, as a rule, a violation of the current norms of labor and other social legislation.

However, not every disagreement turns into a legal dispute. Participants in relations governed by labor law can resolve their conflict voluntarily, peacefully, through negotiations and prevent the transition of disagreements between them to the stage of a labor dispute. In addition, one cannot disregard purely psychological factors... Thus, the majority of employees, despite their dissatisfaction with the illegal actions of the employer, still avoid seeking the protection of their rights to the competent authorities, fearing negative consequences for themselves.

But if the conflict is not resolved by its participants and it becomes necessary to involve special authorized bodies in its resolution, then it develops into a labor dispute. Based on the above, we will formulate the definition of labor disputes:

Labor disputes are disagreements between the employee (employees) and the employer about the establishment and application of the current labor and other social legislation, which were not settled in direct negotiations with the employer and became the subject of proceedings in specially authorized bodies.

For the resolution of labor disputes, the law establishes an appropriate procedure, i.e. defined the forms (procedure) and terms for filing applications (claims), their consideration, making decisions on them and their execution.

The conditions for the occurrence of disputes are those conditions, circumstances that directly or indirectly affect labor relations, causing unresolved disagreements between employees and the administration. The cause of labor disputes is the legal facts that directly caused disagreements between the employee (employees) and the administration. Even reasons common to labor disputes are specific in a specific legal relationship to resolve a labor dispute. This is a violation of certain rights of an employee or a failure to comply with his obligations to the enterprise (for example, when his material responsibility for damage caused).

The conditions for the occurrence of a labor dispute become the cause of the latter. For example, ignorance of the head of the organization of labor legislation or neglect of it leads to violation of the employee's rights and the emergence of an individual labor dispute. Often, labor disputes arise as a result of a combination of several conditions (reasons). Some of them are economic, others are social, and still others are legal.

So, for example, economic conditions are financial difficulties of organizations that prevent full and timely payment wages, provision of guarantees and benefits due to employees (milk at work in unhealthy conditions, therapeutic and prophylactic nutrition, etc.), lack or insufficient funds for labor protection.

The conditions in which economic disputes arise have serious social consequences, which, in turn or in combination with economic consequences, give rise to labor disputes. So, a lack of funds leads to a reduction in the number of employees or the liquidation of an organization, to an ever-growing unemployment. Released workers, defending their right to work ( workplace), often turn to the judicial authorities for the resolution of a labor dispute and protection of their rights.

To conditions social nature includes, for example, the growing income gap between low-paid and high-paid workers.

The conditions of a legal nature include, in particular, the complexity, inconsistency, as well as insufficient accessibility of labor legislation for the administration and especially for employees, as a result - poor knowledge by employees of their labor rights and employers' duties, ways to protect their rights; unwillingness to comply with labor laws by many heads of organizations, administration officials; poor preparedness of trade union leaders, trade union activists to protect workers on the basis of labor legislation.

Transition to market economy aggravated the situation in many organizations, aggravated the causes of labor disputes. Due to lack of funds, many organizations are forced to temporarily fully or partially stop their work. A significant part of the enterprises were liquidated. Bankrupt enterprises appeared. Many workers were released. Unemployment has become ubiquitous. Differences in working conditions and in the amount of his payment have sharply increased. On the one side, minimum size wages were significantly below the subsistence level. On the other hand, wages are no longer limited to the maximum amount. This was also facilitated by significant changes in labor legislation that have occurred in recent years:

§ narrowing the scope of centralized compulsory regulation of labor relations and expanding local regulation, as well as the establishment of working conditions through individual labor agreements (contracts);

§ the constitution of the Russian Federation assigns labor legislation to the joint jurisdiction of the Russian Federation and its subjects and, as a consequence, the possibility of regulating labor relations with the help of laws,

§ other normative acts adopted by the authorized bodies of both the Russian Federation and its constituent entities;

§ forced (in order to avoid gaps in legal regulation labor relations) a combination of Russian legislation with the legislation of the former USSR that retains legal significance (if it does not contradict Russian legislation and there is no legislation of the Russian Federation on the issues resolved by it);

§ inclusion of international legal norms and acts into the system of labor legislation of the Russian Federation.

Trade unions, by their very nature, charters, legislation intended to represent the interests of workers and protect their rights, do not always actively and effectively contribute to the resolution of disagreements between workers and the administration, do not use all the means at their disposal for this purpose.

The weakening of supervision and control over the observance of labor laws also played a negative role. The creation of new state bodies for supervision and control over the observance of labor legislation (the Federal Labor Inspectorate under the Ministry of Labor of the Russian Federation), which are still being formed, is accompanied by the removal from the competence of the labor inspection, which is under the jurisdiction of trade unions, fines). As a result, the number of violations of workers' labor rights has sharply increased, and the legal liability of officials of the administration for such violations has decreased.

To eliminate the causes of labor disputes, means and methods should be used that affect each of them and in a comprehensive manner. However, even if all the necessary measures are taken, it is unrealistic to completely eliminate the causes of labor disputes. Labor disputes will not go away. May decrease

their total number. There can be no disputes on some specific issues, the causes of which have been completely eliminated. Disputes may arise on other issues that did not exist before. Consequently, labor disputes will exist for the foreseeable future.

The procedure for resolving labor disputes established by law is called upon to be an effective instrument for protecting the labor rights of workers. Let us name the regulations governing this procedure.

The main regulations for the consideration of labor disputes are the laws of the Russian Federation. First of all, this is the Constitution of the Russian Federation, which enshrines the fundamental rights in the field of work, and among them - the right to protect one's rights (including judicial protection). The most important regulations governing the consideration of labor disputes include Labor Code Of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), part 5 of which is specifically devoted to the protection of labor rights and freedoms.

When resolving labor disputes, such an important body for their consideration as the court applies not only the norms of substantive law (Labor Code of the Russian Federation, other laws and other regulatory legal acts), but also the norms of procedural law - first of all, the norms of the Civil Procedure Code of the Russian Federation (hereinafter - Code of Civil Procedure of the Russian Federation).

Modern Russian labor legislation tries to take into account world experience and international legal acts as much as possible. Moreover, in accordance with the Constitution of the Russian Federation, generally recognized principles and norms international law and international treaties of the Russian Federation are the main constituent part of the legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the norms of the international treaty are applied. A similar principle is fixed in sectoral laws. This situation, new for the legal system of Russia, presupposes knowledge and the ability to apply international legal norms. Russian courts, public authorities and administration.

In addition, according to Article 46 of the Constitution of the Russian Federation, it enshrines the right of every citizen in accordance with international treaties Of the Russian Federation to apply to interstate bodies for the protection of human rights and freedoms, if all available domestic means have been exhausted legal protection... Now this is not just a theoretical proposition. As a result of the accession of the Russian Federation to the Optional Protocol of the International Covenant on Civil and Political Rights of 1966, which contains a mechanism for the protection of human rights by the Human Rights Committee, citizens can use this opportunity as well. The practical implementation of this constitutional norm in the future may lead to situations that are non-standard for the current legal system.

Russia's accession to the Council of Europe in 1966 gives Russian citizens additional guarantees to protect their rights and imposes on state bodies additional obligations to respect human rights (including in the field of labor relations).

The “penetration” of international legal norms into the labor legislation of Russia occurs in two directions: firstly, through the ratification of conventions and other acts of international organizations and their bodies, of which Russia is a party (member), and, secondly, through the conclusion of Russia bilateral and multilateral international legal treaties with other states.

The first direction is associated with the norm-setting activities of the United Nations, the International Labor Organization (ILO), the European regional association of the states of the Council of Europe, the Commonwealth of Independent States (CIS). First of all, these are the conventions and recommendations of the ILO. The second direction appears in the form of joint rule-making practice of two or more specific states interested in mutual or regional settlement of labor law issues.

This, in turn, leads to a change in the prevailing stereotypes in the formation of the Russian legal system and in the application of legal norms. First, it becomes possible and necessary for the direct (direct) application of international norms in the event of their ratification by the Russian Federation. Secondly, it is the inclusion of international legal norms in Russian legislation, into the structure of specific laws. Finally, thirdly, it is the implementation of the provisions enshrined in international legal norms through the adoption of relevant acts of the Russian legal system and law enforcement practice.

Thus, the international legal regulation of labor relations is becoming one of the most important sections of the Russian labor law, which must be taken into account when resolving labor disputes.

Same great importance for the settlement of labor disputes has arbitrage practice... Of course, the decisions of the Plenum of the Supreme Court of the Russian Federation are not sources of law and are not included in the system of normative acts. However, they contain a judicial interpretation of the relevant issues, and the courts, considering specific cases, are guided by them and use them to develop a uniform judicial policy.

The classification of labor disputes is necessary condition to clarify the order of their resolution. To classify labor disputes, we will use the following grounds: 1) participants in labor disputes; 2) the content of labor disputes.

So, according to the subjects participating in the labor dispute, the latter are divided into individual and collective:

§ individual labor disputes involve, on the one hand, the employee, on the other, the administration (for example, a dispute over the illegal dismissal of an employee);

§ collective labor disputes involve, on the one hand, a group of workers, employees of the organization (organizations), on the other hand, the administration of one or several organizations (such disputes arise when concluding a collective agreement and other labor agreements or social protection, i.e. the rights, powers and legitimate interests of the entire labor collective or its structural unit are contested and protected).

The second sign of the division of labor disputes into types is their content. In terms of content, labor disputes are divided into disputes on the establishment of working conditions and disputes on the application of established working conditions:

§ the establishment of working conditions is understood to mean their definition with the help of laws, other regulatory legal acts (including agreements, collective agreements, other local acts). The working conditions established in this way are general in nature and apply to all or to certain categories of workers (for example, the statutory minimum wage and minimum annual leave). Individual working conditions are determined (established) by an employment agreement (contract) between an employee and an organization (for example, a specific salary);

§ the application of the established working conditions is the use of general conditions in individual labor relations on the basis of an order (order) of the administration (for example, the procedure for production overtime work and attracting employees to them; the order of imposing disciplinary sanctions, the order of dismissal). The use of general working conditions to regulate individual labor relations in a different order - by agreement of the parties to the labor agreement - should be understood not as the application of working conditions, but as the establishment individual conditions labor on the basis of laws, other legal acts (for example, the amount of wages determined in an employment contract cannot be less than the limit established by law).

Disputes about the application of the established working conditions (labor law) are of a claim nature, since these are disputes about the restoration of a violated right or legitimate interest, considered on the basis of a relevant statement (claim) by the jurisdictional authorities.

Disputes about the establishment of working conditions are non-disruptive disputes, since here we are not talking about the restoration of a violated right (legitimate interest), but about the establishment of a new right.

It is also possible to classify disputes by institutions and even by subinstitutions of labor law. According to this criterion, individual labor disputes can be classified as follows:

§ Disputes over the application of legislation on collective agreements and agreements and the terms of labor contracts.

§ Disputes based on disagreements over the application of employment law.

§ Disputes related to the application of the norms included in the institution of "labor contract". This type of individual labor disputes can be subdivided into subtypes that appear as the subject of a claim in specific labor cases, due to which they have certain differences when considering them:

§ disputes about employment and the conclusion of an employment contract;

§ disputes about making entries in the work book;

§ disputes about suspension from work;

§ disputes about transfers to another job, relocation or changes in essential working conditions;

§ disputes about reinstatement at work;

§ disputes about the payment of the time of the forced absence;

§ disputes over the payment of severance pay;

§ disputes about the issuance of a work book and payment for the time of its delay;

§ disputes over the payment of the delay in the execution of the court decision on reinstatement at work.

§ Disputes over the application of working time legislation.

§ Disputes related to the application of rest time legislation.

§ Disputes over the application of the norms included in the institution of wages, including labor standards and piece rates.

§ Disputes over the application of legislation on guarantees and compensations.

§ Disputes arising from the application of legislation on material liability of the parties to an employment relationship.

§ Disputes over disciplinary matters.

§ Disputes in the field of labor protection.

§ Disputes related to the application of women's labor legislation.

§ Disputes related to the application of youth labor legislation.

§ Disputes over the provision of benefits to employees who combine work with training.

§ Disputes based on the activity of supervision and control over the observance of labor legislation.

In the literature, there are other grounds for the classification of labor disputes, for example, depending on the legal relationship from which these disputes arise. This refers to disputes arising from:

§ legal relations on employment and employment that precede labor;

§ labor relations;

§ legal relations for training, retraining and advanced training of personnel in production;

§ legal relations for the management of labor at a particular enterprise;

§ social partnerships;

§ legal relations on bringing to disciplinary responsibility;

§ legal relations for compensation for harm caused by the parties to the employment relationship;

§ legal relations for supervision and control over the observance of labor legislation.

It should be noted that this classification is very close to the division of labor disputes according to their content, but does not coincide with it. It is also important that labor disputes related to different types labor relations have “procedural” specifics. They are different in subject matter, burden of proof, types of evidence.

With regard to collective labor disputes, they are special kind labor disputes that have an internal classification, and for their resolution, a special procedure is provided, but since this work is devoted to individual labor disputes, we will not develop this topic in more detail.

Next, we will investigate the system of bodies that consider labor disputes. These bodies are authorized by law and are obliged to resolve such disputes. For this they have been given certain powers of authority. In this regard, the bodies for the consideration of labor disputes are among the jurisdictional.

The changes made to the Labor Code of the Russian Federation turned out to be very fundamental in the section on labor disputes. So, the structure of the bodies considering these disputes has been changed - now there are no trade union committees in it. In general, this is a logical decision, since, based on their statutory tasks, trade unions cannot be an objective participant in the dispute resolution process, and trade union committees cannot be the body that makes binding decisions on labor disputes. As a result, the structure of these organs turned out to be two-tier. Naturally, this does not at all exclude the widespread use of their rights by trade unions, the implementation of their statutory duties. We are talking about changing the forms and methods of using their representative bodies by employees at the stage of preventing disputes and situations that create them.

labor agreement (contract), are considered:

commissions for labor disputes in organizations (CCC);

district (city) people's courts.

In addition, it is possible to apply a special procedure for pre-trial consideration of certain categories of labor disputes. Thus, for example, disputes are resolved on compensation by the employer for harm caused to the employee by injury, occupational disease or other damage to health in the process of performing his job duties. Victims and residents of the Russian Federation have the right to appeal against the employer's decision on compensation for harm to the Federal Labor Inspectorate under the Ministry of Labor of the Russian Federation or to the state labor inspectorate of a constituent entity of the Russian Federation.

With regard to collective labor disputes, conciliation commissions and labor arbitration tribunals deal with them.

But back to individual labor disputes. Most of them are considered either directly in the CCC, or successively going through both stages: CCC, then the court. This procedure is convenient because disputes can be considered directly in the organization, i.e. in the workplace, where evidence can be collected and evaluated more quickly and easily.

Labor disputes are disputes that arise between the subjects of labor relations.

There are two types of labor disputes:

Individual

Collective

Individual labor disputes can be of an action or non-action nature.

Individual labor disputes of a claim nature arise on issues of violation of law.

Non-disruptive labor disputes are disputes about the establishment of new or change existing conditions labor.

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

Labor Dispute Commissions;

District (city) people's courts.

Article 201 of the Labor Code in its new edition introduced fundamental changes to the composition of the bodies considering individual disputes.

Firstly, trade union committees of enterprises were excluded from the composition of these bodies, which, representing the interests of trade union members, could not therefore be objective arbiters.

Secondly, in full compliance with Art. 32 of the Declaration of Human and Civil Rights and Freedoms and Art. 46 of the Constitution of the Russian Federation, the consideration of labor disputes of certain categories of workers on certain issues by higher authorities in the order of subordination was finally eliminated.

The procedure for considering labor disputes is regulated by the Labor Code and other legislative acts, and the procedure for considering labor disputes in district (city) people's courts is determined by the Civil Procedure Code of the RSFSR.

The procedure for considering cases on labor disputes in district (city) people's courts has undergone significant changes. According to the additions made to Art. 113 of the CCP by the Law of the Russian Federation of 05/29/92 cases on labor relations, except for cases of reinstatement at work, in all cases are considered by the judge alone.

In accordance with Art. 6 of the CCP in its new version, cases on reinstatement to work are considered by the judge individually, if the persons participating in the case do not object to this, or collectively, if any of the persons participating in the case, before the start of the consideration of the case on the merits, objects to the sole its consideration.

The Labor Dispute Commission is the first instance for resolving labor disputes.

Article 203 of the Labor Code:

“The Labor Disputes Commission is elected by the general meeting (conference) of the labor collective of an enterprise, institution, organization with at least 15 employees.

Candidates who have received the majority of votes and for whom more than half of those present at the general meeting (conference) vote are considered elected to the commission.

The procedure for election, the number and composition of the commission, the term of its powers are determined by the general meeting (conference) of the labor collective of the enterprise, institution, organization.

The Labor Disputes Commission elects from among its members a chairman, deputy chairmen and a secretary of the commission.

By decision of the general meeting (conference) of the labor collective of an enterprise, institution, organization, commissions on labor disputes in divisions may be created. These commissions are elected by the collectives of subdivisions and act on the same grounds as the commissions on labor disputes of enterprises, institutions, organizations. Labor disputes commissions of divisions may consider labor disputes within the powers of these divisions. "

Previously, the CCC was organized from an equal number of representatives of the trade union committee and the administration.

The procedure for organizing the CCC, provided for in Art. 203 of the Labor Code, mandatory only for state and municipal enterprises. At enterprises of other forms of ownership, the procedure for organizing pre-trial consideration of labor disputes is determined by the charters of these enterprises.

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 the deadline and resolve the dispute on the merits.

An employee's application submitted to the labor dispute committee is subject to mandatory registration.

Refusal to accept an application for consideration of a labor dispute on the grounds of an employee missing a three-month period is not allowed. The issue of respect and disrespect for which the period under consideration was missed should be decided by the CCC at its meeting in the presence of the employee concerned. Recognizing the reasons for missing the statute of limitations as valid, the CCC restores it; in case of disrespectful reasons, it refuses to satisfy the employee's requirements.

The register of registration of applications for the consideration of labor disputes submitted to the CCC is kept in an arbitrary form, but it should be noted in it:

Applicant's surname;

The subject of the dispute;

Date of receipt of the application;

Date of dispute resolution;

The labor dispute committee is obliged to consider the labor dispute within ten days from the date of submission of the application. The dispute is considered in the presence of the employee who submitted the application and a representative of the administration. Consideration of a dispute in the absence of an employee is allowed only upon his written application. If the employee does not appear at the meeting of the commission, consideration of the application is postponed. In the event of a secondary failure of the employee to appear without good reason, the commission may make a decision to withdraw of this statement with consideration that does not deprive the employee of the right to reapply.

The Labor Dispute Commission has the right to summon witnesses to the meeting, invite specialists, representatives of trade unions operating at the enterprise, institution, organization.

At the request of the commission, the administration is obliged to submit necessary calculations and documents.

A meeting of a labor dispute committee shall be deemed competent if attended by at least half of the members elected to its membership.

The labor dispute committee makes a decision by a majority vote of the members of the committee present at the meeting. A member of the commission who does not agree with the decision of the majority is obliged to sign the minutes of the meeting of the commission, but has the right to state his dissenting opinion in it. This opinion must be communicated to the parties.

The decisions of the labor dispute commission must be motivated and based on legislation and other regulations about labor, collective agreement, agreement or employment contract.

The decision of the CCC must be expressed in a categorical and clear form. The decision of the CCC on monetary issues must indicate the exact amount due to the employee.

The decisions of the commission, within three days from the date of adoption, are handed over in copies to the employee and the administration.

The CCC decision may be revised.

If during the execution process between the parties to the dispute there are disagreements about the interpretation, the CCC has the right to make an additional decision clarifying the first.

It is advisable to post the decisions of the CCC in conspicuous places for the information of the work collective.

If the labor dispute commission has not considered the labor dispute within ten days, the employee concerned has the right to transfer its consideration to the district (city) people's court.

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

The district (city) people's courts consider disputes:

At the request of the employee, administration or the relevant trade union, when they disagree with the decision of the CCC.

According to the prosecutor's statement, if the decision of the CCC contradicts the law.

Directly in the district (city) people's courts, labor disputes are considered on applications:

Employees of enterprises, institutions, organizations where labor dispute commissions are not elected;

Employees on reinstatement at work, regardless of the grounds for terminating the employment contract, on changing the date and wording of the reason for dismissal, on payment for the time of forced absence or performance of lower paid work.

Administration for compensation by employees of material damage caused to an enterprise, institution, organization.

Employees on the application of labor legislation, which, in accordance with the current legislation, was decided by the administration and the trade union committee of the enterprise, institution, organization (division) within the rights granted to them.

Directly in the district (city) people's courts, disputes about the refusal of employment are also considered:

Persons invited to work by transferring from another enterprise, from an institution, an organization;

Young specialists who graduated from a higher or secondary specialized educational institution, as well as persons who graduated from a vocational and technical educational institution and sent in the prescribed manner to work at a given enterprise, institution, organization;

Other persons with whom the administration of an enterprise, institution, organization, in accordance with the law, is obliged to conclude an employment contract.

Employees' claims in cases of labor disputes are brought at the location of the enterprise.

Claims of the enterprise against employees for compensation for material damage caused to the enterprise - at the place of residence of the employee.

An application to the court is submitted within three months from the day when the employee found out or should have learned about the violation of his right, and in cases of dismissal, within a month from the date of delivery of a copy of the dismissal order or from the date of issue of the work book.

Let's dwell on the issue of illegal dismissal in more detail:

In case of dismissal without legal basis or in violation of the established procedure for dismissal or illegal transfer to another job, the employee must be reinstated in his previous job by the body considering the labor dispute.

When deciding on reinstatement at work, the body considering the labor dispute at the same time decides to pay the employee the average earnings during the forced absence or the difference in earnings for the time of performing lower-paid work, but not more than for one year.

At the request of the employee, the body considering the labor dispute may limit itself to making a decision on the recovery of the above compensations in his favor and on changing the wording of the grounds for dismissal for dismissal of his own free will.

Also, to the representative of the administration who made the decision on dismissal, the sanctions regulated in Art. 214 Labor Code.

Article 214:

“The imposition of material responsibility on an official guilty of illegal dismissal or transfer.

The court imposes on an official guilty of unlawful dismissal or transfer of an employee to another job, the obligation to compensate for damage caused to an enterprise, institution, organization in connection with payment for the time of forced absence or for the time of performing lower-paid work. Such a duty is imposed if the dismissal or transfer was made in clear violation of the law or if the administration delayed the execution of the court's decision to reinstate the employee at work.

The amount of compensation for damage cannot exceed three monthly salaries official.»

The decision to reinstate an employee who has been illegally dismissed or transferred to another job, taken by the labor dispute resolution body, shall be immediately executed.

If the administration of an enterprise, institution, organization delays in the execution of a court decision on the reinstatement of an employee who was illegally dismissed or transferred to another job, the court that made the decision to reinstate the employee at work shall issue a ruling on the payment of average earnings or the difference in earnings for the entire period of the delay.

Strict compliance with the requirements of Art. 214 of the Labor Code not only contributes to compensation for material damage caused by the guilty actions of officials to an enterprise, institution, organization, but also is an effective means of combating illegal dismissals, transfers of workers and employees, cases of delay in the execution of court decisions on reinstatement at work, as well as a preventive measure for such violations and a guarantee of the real exercise by Russian citizens of the right to work.

The material damage caused to the enterprise, institution, organization in connection with the payment to the employee during the forced absence due to the delay by the administration of the execution of the court decision on reinstatement at work is subject to compensation at the expense of the guilty official, whose duties included the issuance of an order to reinstate the employee and who did not timely fulfilled this duty.

For the administration to apply to the court on the recovery of material damage from the employee, a period of one year is established from the date of discovery of the damage caused.

Collective labor disputes (conflicts) arise between the administration of an enterprise, institution, organization and the labor collective (division of the collective) or the trade union on the issues of establishing new or changing existing working and living conditions, concluding and executing a collective agreement and other agreements. They are in the nature of non-disruptive labor disputes.

The procedure for consideration and methods of resolving labor disputes is regulated by the Federal Law "On the Procedure for Resolution of Collective Labor Disputes" dated 23.11.95. This law has made significant changes and amendments to the USSR Law "On the Procedure for Resolution of Collective Labor Disputes (Conflicts)".

An important stage on the issue of resolving labor disputes, the Resolution of the Government of the Russian Federation of April 15, 1996 "On the Service for the Settlement of Collective Labor Disputes" became. It documents all the powers and purposes for which the Collective Dispute Resolution Service was established.

The Collective Labor Dispute Resolution Service is a government agency that facilitates the resolution of collective labor disputes by organizing and participating in conciliation procedures.

The Service is guided in its activities by the Constitution of the Russian Federation, the Federal Law "On the Procedure for Resolving Collective Labor Disputes", other federal laws, acts of the President of the Russian Federation, decisions of the Government of the Russian Federation and these Regulations.

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

Service in accordance with the tasks assigned to it:

Organizes work on the settlement of collective labor disputes in cooperation with representatives of employees and employers, state authorities and bodies local government using all the possibilities provided by the legislation of the Russian Federation for resolving collective labor disputes that have arisen;

Carries out notification registration of collective labor disputes;

Checks, if necessary, the credentials of the representatives of the parties to the collective labor dispute;

Forms lists of mediators and labor arbitrators for the consideration of collective labor disputes, determines the procedure for inviting a mediator by the parties to a collective labor dispute or appointing him by the service if the parties do not reach an agreement on the candidacy of a mediator;

Participates jointly with the parties to collective labor disputes in the creation of labor arbitration tribunals, in the formation of their composition, in the determination of regulations and powers;

Approves the composition of the labor arbitration in case of disagreement of one of the parties with the proposed composition;

Identifies the reasons 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 in the prescribed manner the financing of conciliation procedures;

Prepares operational information on collective labor disputes (strikes) in the regions of the Russian Federation and measures taken to resolve them;

Organizes work on the selection and advanced training of service employees, as well as on the training and advanced training of mediators and labor arbitrators specializing in resolving collective labor disputes;

Develops proposals for carrying out research work on the problems of settlement of collective labor disputes;

Studies, summarizes and disseminates domestic and overseas experience organization of work on the prevention and settlement of collective labor disputes, publishes an information bulletin.

Employees of the service may, in accordance with the established procedure, be involved in the performance of work as an expert, mediator or labor arbitrator in the conduct of conciliation procedures for the settlement of collective labor disputes.

The jurisdictional bodies dealing with individual labor disputes on labor law issues are:

♦ Labor Dispute Commission (CCC);

♦ courts of general jurisdiction;

♦ higher authorities for certain categories of workers (for example, judges).

CCCs are formed on the initiative of employees and (or) employers from an equal number of representatives of both. The employer and the representative body of employees who have received a proposal in writing to establish a labor dispute commission must send their representatives to the commission within 10 days.

Employee representatives are elected by the general meeting, and employer's representatives are appointed by the head of the organization in the CST (Article 384 of the Labor Code of the Russian Federation). By the decision of the general meeting (conference), the CCC of individual divisions of the organization can also be formed. Then the representatives of the workers in the CCC shop are elected labor collectives workshops and other similar units. Workshop CCCs operate on the same grounds as general plant ones, within their own subdivision.

The formation of a CCC is optional. In the absence of them in the organization, all individual labor disputes are resolved directly in court.

An individual labor dispute is considered by the labor dispute commission if the employee, independently or with the participation of his representative, has not settled the disagreement in direct negotiations with the employer. One dispute can go through two consecutive types of proceedings: in the CCC and in court, if one of the disputing parties is not satisfied with the CCC decision. Such a sequential order is called general, in contrast to other cases when the dispute is resolved either directly by the court or by higher authorities.

These labor dispute resolution bodies are endowed by the state with the appropriate powers. Therefore, their decisions are binding and do not need special approval.

According to Chapter 61 of the Labor Code of the Russian Federation, the bodies considering collective disputes are:

♦ conciliation commissions;

♦ intermediary;

♦ labor arbitration.

Conciliation commission- a temporary body formed from representatives of the parties to a specific collective labor dispute on an equal basis for its consideration.

Mediator- a person invited by the parties to a collective dispute for its consideration. If necessary, the parties can apply to the state body for the settlement of collective labor disputes for the recommendation of a mediator.

Labor Arbitration- a temporary body for the consideration of a collective labor dispute; is created by the parties and the state body for the settlement of collective labor disputes if they have entered into an agreement in writing on the mandatory implementation of its decisions.