The procedure for considering individual labor disputes. Individual labor disputes and the procedure for their resolution Judicial review and resolution of individual labor disputes

The procedure for considering individual labor disputes implies a procedure that is aimed at resolving disagreements between the subjects of legal relations. In this case, not only an employee of the enterprise, but a previously dismissed citizen can act as a party. In addition, a person who was denied employment in the presence of a vacancy also has the right to make claims to the management of the enterprise.

By itself, the concept of an individual labor dispute implies disagreements between the parties that were not settled out of court, as well as with the assistance of a trade union organization. Disagreements between the parties in this case may relate to both the organization of the labor process, the rules of the work schedule and the payment of wages, and direct violations of the norms of the current legislation committed by the employer or persons authorized by him.

The general procedure for the consideration of individual labor disputes provides for the initial appeal of the employee to the CCC. This commission is organized by the head of the company for a period of one year. It includes representatives of the trade union organization and the employer. If within 10 days, which are given to the commission for resolving the conflict, they do not come to an agreement, then the employee has the right to apply to the court for the protection of his interests. If the decision of the CCC was adopted, but either of the parties disagrees with it, then in accordance with Article 390 of the Labor Code of the Russian Federation, it can also be appealed in court.

In some cases, an individual dispute may be resolved with a higher authority, if there is one. At the same time, it is necessary to take into account the jurisdiction of the organization and the competence of the body, since each of them may differ in the procedure for considering disputes, the timing of decisions and the procedure for their implementation.

In the process of resolving conflict situations, it is important to remember about the time limits established by law. In general, they are 3 months, with the exception of issues of illegal dismissal of workers, the appeal period of which is 1 month. Only cases related to compensation for harm to the health of an employee received at work have no time limits.

The concept of an individual labor dispute

This concept is enshrined in Article 381 of the Labor Code of the Russian Federation and is defined as disagreements between the parties to labor relations that were not settled before the involvement of a third party, and are associated with the application of labor legislation, as well as the provisions enshrined in the local acts of the company and the employment contract / contract ...

A labor dispute is also recognized as a disagreement between the management of the enterprise and a former employee who does not agree with his own dismissal and considers it illegal or carried out in violation of the current legislation. Also, a claim can be made by a person who was unreasonably refused employment.

The procedure for resolving a labor dispute between an employee and an enterprise begins with the filing of an application with the competent jurisdictional authority. The procedure for resolving the conflict, the procedural actions necessary for this, are enshrined in legislation and depend on where the complaint was sent. When submitting an application to the CCC, the employee is not deprived of the opportunity to go to court if the parties do not reach an agreement. However, in this case, it is necessary to ensure that the deadlines for appealing against illegal actions of the employer are not exceeded.

In addition to contacting the Labor Inspectorate and the court, an employee can file a complaint with the Labor Inspectorate, but in this case it will not be a way to resolve the labor dispute, since this institution does not resolve the issue “in essence”. After the inspection, the inspector issues an order obliging the employer to stop violating the norms of the current legislation, and not to satisfy the employee's requirements. However, in some situations, this may be sufficient to resolve the dispute.

Bodies Resolving Individual Labor Disputes

Legal relations for the consideration of labor disputes are enshrined in Chapter 60-61 of the Labor Code of the Russian Federation and determine protective measures and procedural actions used to resolve labor disputes, including material ones.

Disputes between the employer and the employee concerning labor issues and unresolved by the parties are considered on the merits of the CCC and the court, within the framework of their powers. It is necessary to determine the jurisdictional body to which one should apply to resolve a particular conflict situation based on its specifics.

In this case, initially, the citizen needs to determine the jurisdiction of the case. That is, find out whose competence is the solution of his issues. At this stage, it is important not to make a mistake, since this may entail the adoption of a decision that has no legal force, and the omission of the claim deadlines, the restoration of which will be quite problematic, since the incorrect definition of jurisdiction is not a sufficient reason for this.

In most cases, the initial worker who has a disagreement with the employer must contact the CCC. Such a commission is created annually at the enterprise and includes representatives of the employer and members of the trade union. They consider the dispute on the merits. That is, appeal to other instances is possible only after the dispute is considered in the CCC. The exceptions are situations when the jurisdictional cases fall under the jurisdiction of the court. Then the employee can bypass the stage of contacting the CCC.

In terms of jurisdiction, cases resolved by the CCC include disputes about:

Recovery of due payments and their amount;
Compensation for travel expenses;
Overtime pay;
The imposition of disciplinary sanctions, etc.

In court, bypassing the stage of the CCC, cases are considered about:

Recognition of dismissal unlawful and reinstatement in office;
Illegal transfer to another position;
Making adjustments to the wording of the labor record (on termination of labor relations), changing the date of dismissal;
Payment for forced absenteeism;
Compensation for the difference in wages in a temporary position with a lower salary;
Issues related to illegal actions related to the processing of personal data of employees;
Illegal refusal of employment for an existing vacancy;
Labor discrimination.

Also, disputes with an employer who is an individual who have not been registered as individual entrepreneurs and with religious organizations are considered in court.

Labor Dispute Resolution Procedure

The procedure for the settlement of individual labor disputes is established for each jurisdictional body separately. Not only the procedure for consideration differs, but also the procedure for making an application, issuing a decision and implementing it. Therefore, when contacting a specific body, you need to take into account the specifics of its work.

The procedure for considering individual labor disputes is governed by industry and federal regulations. In addition, when resolving a conflict in the CCC and higher authorities, local acts can also be taken into account, if their provisions do not contradict the current legislation.

The procedure for considering individual labor disputes in the CTS is quite convenient for the employee, as it allows him to settle disputes at a convenient non-working time. In addition, the decision is made only in the presence of the employee who submitted the application. Absentee consideration can be carried out only with the written consent of the applicant to do so. Such a measure is necessary if the person cannot appear in person at the meeting for objective reasons.

If the worker did not send such consent and did not appear for the consideration of the case, then its consideration is postponed and the citizen is invited a second time. In case of repeated failure to appear at the meeting without good reason, the members of the commission may decide to withdraw the case from consideration. In this case, the employee is deprived of the opportunity to reapply to the CCC on this fact.

In the process of considering an application, the commission has the right to request the necessary documentation, conduct a technical, administrative or accounting check, invite witnesses to testify, and use other measures to make a complete and objective decision. It is determined by secret ballot. According to Article 388 of the Labor Code of the Russian Federation, the decision for which the majority of the members of the CCC voted.

Regarding the procedure for considering labor individual disputes in courts of general jurisdiction, it is regulated by Articles 391-397 of the Labor Code of the Russian Federation and the provisions of the Code of Civil Procedure of the Russian Federation. The main difference between this method of resolving conflicts is that the court not only restores the violated rights of the employee, but also determines the cause of the disagreement and can issue recommendations regarding preventive measures to prevent such situations in the future.

After accepting the statement of claim for consideration, the court examines the materials submitted by the parties and may request additional documents from the employer or government agencies, if necessary to resolve the dispute on the merits.

The plaintiff, for his part, may, in the course of the consideration of the case, change the claim, the subject of the dispute, its grounds, and also completely abandon it. In addition, the parties, in accordance with Article 39 of the Code of Civil Procedure of the Russian Federation, can complete the judicial review before making a decision by signing a settlement agreement.

If the parties do not reach an agreement, then the court makes a decision based on the evidence presented and on the basis of the norms of the current legislation. It can be appealed, according to Article 338 of the Code of Civil Procedure of the Russian Federation, in a higher court within 10 days.

Individual labor dispute - This is a disagreement (conflict) between the employee and the employer, referred to the labor dispute resolution body, related to the employee's performance of his labor functions and not settled in the usual manner.

Subject individual labor disputes can be various issues arising in the course of labor activity: wages, provision of guaranteed benefits, provision of leave, disciplinary action, recovery of damages, etc. These can be disputes on the application of labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreement, local regulation, labor agreement (including the establishment or change of individual working conditions), etc.

Individual labor disputes also include the so-called "office disputes" arising in the civil service. Legislative definition service dispute in this area practically repeats the definition of an individual labor dispute in the Labor Code of the Russian Federation. Individual service dispute - these are unresolved disagreements between the representative of the employer and a civil servant or a citizen entering the civil service or previously in the civil service, on the application of laws, other regulatory legal acts on the civil service and a service contract, which are reported to the body for considering individual service disputes (Article 69 of the Federal Law "On the State Civil Service of the Russian Federation"). Based on this definition, the subject of a service dispute is disagreement over the application of regulatory legal acts on the civil service and service contract.

Subjects of individual labor disputes

From the concept of an individual labor dispute formulated in the law, it follows that one of its parties is the employer - an individual or legal entity (organization) that has entered into an employment relationship with an employee, or another entity endowed, in cases established by law, with the right to conclude employment contracts (part . 2 article 20 of the Labor Code of the Russian Federation). The second - as a general rule, is an employee - an individual who has entered into an employment relationship with an employer (part 1 of article 20 of the Labor Code of the Russian Federation). However, there are exceptions to this general rule for cases where a dispute involving a person is referred to an individual labor dispute resolution body. previously in an employment relationship with this employer, as well as persons who has expressed a desire to conclude an employment contract with the employer, if the employer refuses to conclude such an agreement.

Bodies and procedure for considering individual labor disputes

Like any other legal dispute, labor disputes can be resolved in court. However, the specificity of labor disputes lies in the fact that labor dispute commissions (CCCs) can be created for their prompt consideration. The initiative to create a labor dispute commission can be taken by both employees (the representative body of employees) and the employer (either an organization or an individual entrepreneur). The CCC includes an equal number of representatives of employees and representatives of the employer. Employer's representatives to the labor dispute committee appointed the head of the organization (employer - individual entrepreneur). Employee representatives elected by a general meeting (conference) of employees or delegated by a representative body of employees with subsequent approval at a general meeting (conference) of employees.

If the employee, independently or with the participation of his representative, has not settled the disagreement during direct negotiations with the employer, he has the right to determine which body to send his application to - the CCC. An employee can apply to the CCC, observing the period established for such an opportunity - three months from the day when he learned or should have learned about the violation of his right (Article 386 of the Labor Code of the Russian Federation).

In case of missing the established deadline for valid reasons, the labor dispute committee may restore it and resolve the dispute on the merits.

- to the employee - 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 transferring to another job, on payment for the time of forced absence or on the payment of the difference in wages during the performance of lower-paid work, on illegal actions (inaction) of the employer in the processing and protection of the employee's personal data;
- to a person looking for a job with a given employer (potential employee) - about refusal to hire;
- persons working under an employment contract with employers - individuals who are not individual entrepreneurs, and employees of religious organizations;
- persons who believe that they have been discriminated against;
- to the employer - in disputes on compensation for damage caused by the employee to the employer.

The procedure for considering a dispute in the CCC (Article 377 of the Labor Code of the Russian Federation). An employee's application submitted to the labor dispute committee is subject to mandatory registration. Within 10 calendar days from the day the employee submits an application, the CCC is obliged to consider an individual labor dispute. 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 (his representative) fails to appear at the CCC meeting, the consideration of the labor dispute is postponed. In the event of a secondary failure of the employee or his representative to appear 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 three months from the day he learned or should have learned about the violation of his rights.

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 the CCC is considered competent if at least half of the members representing the employees and at least half of the members representing the employer are present. The course of consideration of the dispute is recorded in the protocol, which is signed by the chairman of the commission or his deputy and certified by the seal of the commission. The adoption of a decision by the Commission is carried out by secret ballot by a simple majority of votes of the members of the commission present at the meeting. Copies of the decision of the CCC, 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 the employer or their representatives within three days from the date of the decision.

The obligation to comply with the decisions of the CCC is provided by law. First of all, the legislator has established a specific deadline for their execution - within three days after the expiration of ten 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 CCC, this commission has the right to issue a special document (certificate) that has the force of an executive document (Article 12 of the Federal Law of October 2, 2007 No. 229-FZ "On Enforcement Proceedings"). 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. An employee can apply for a certificate within one month from the date of the decision by the labor dispute committee. If the employee misses the specified period, but for good reasons, this period may be restored at his request.

Consideration of a labor dispute in court takes place in one of three cases, if:

- the dispute has not been considered by the labor dispute committee within ten days;
- the employee is not satisfied with the decision of the CCC and appealed against it in court within ten days from the date of delivery of a copy of the commission's decision;
- the dispute is included in the list of disputes considered directly in court (Article 391 of the Labor Code of the Russian Federation).

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 law norms.

Terms of going to court for the resolution of an individual labor dispute are:

for the employee - three months from the day when he learned or should have learned about the violation of his right, and on disputes about dismissal - one month from the date of delivery of a copy of the dismissal order to him or from the date of issue of the work book;

for the employer (in disputes on compensation by the employee for damage caused to the employer - one year from the date of discovery of the damage caused.

The Plenum of the Supreme Court of the Russian Federation, in its resolution of March 17, 2004 No. 2 "On the Application by the Courts of the Russian Federation of the Labor Code of the Russian Federation", explained to the courts that, if these deadlines are missed, the court can restore the right to file a claim, but only if there are good reasons for it. Circumstances that prevented this employee from timely filing a claim with the court for resolving an individual labor dispute (for example, the plaintiff's illness, his being on a business trip, the impossibility of going to court due to force majeure, the need to take care of seriously ill family members) (p. 5).

An important guarantee for employees when they go to court for claims arising from labor relations, including non-fulfillment or improper fulfillment of the terms of an employment contract, which are of a civil nature, is the exemption of workers from court costs (Article 393 of the Labor Code of the Russian Federation, Art. . 333.36 Tax Code of the Russian Federation). In addition, the law establishes a rule: the decision on the reinstatement of an illegally dismissed employee at work, on the reinstatement of an employee who was illegally transferred to another job is subject to immediate execution (Article 396 of the Labor Code of the Russian Federation).

Ekaterina Annenkova, auditor, certified by the Ministry of Finance of the Russian Federation, expert in accounting and taxation of the IA "Klerk.Ru". Photo by B. Maltsev IA "Clerk.Ru"

Any organization - employer, in the process of maintaining labor relations with its employees, has a risk of labor disputes. Such labor disputes can be both individual and collective.

In accordance with the provisions of Article 381 of the Labor Code of the Russian Federation, an individual labor dispute is an unresolved disagreement between an employer and an employee on the application of:

labor legislation and other normative legal acts containing labor law norms,
collective agreement, agreement,
local normative act,
an employment contract (including on the establishment or change of individual working conditions),

which are reported to the body for the consideration of such disputes.

An individual labor dispute may arise between an employer and his employee, a former (dismissed) employee, as well as a person claiming to conclude an employment contract if the employer refuses to conclude it.

Individual disputes between employees and the employing organization can be caused by:

changing the terms of the employment contract,
transfer of an employee to another job,
failure to provide an employee with the days off and holidays due to him,
disciplinary action applied to an employee,
incomplete and late payment of wages,
dismissal of an employee,
compensation for harm caused to an employee or employer,
refusal to conclude an employment contract with an applicant (refusal to hire).
etc.

The Labor Inspectorate does not deal with the examination and resolution of labor disputes. As indicated in his Definition of 20.07.2012. No. 19-KG12-5 Supreme Court of the Russian Federation, the labor inspectorate conducts inspections (including unscheduled ones, at the request of an employee) and issues a mandatory order for the employer only in case of obvious violation of labor laws... Labor disputes are considered and resolved by labor dispute commissions or courts within the framework of Article 381 - Article 397 of the Labor Code of the Russian Federation.

The provisions of the Labor Code of the Russian Federation provide “offended” employees with a fairly wide range of opportunities to protect their rights if they have been violated by the employer.

However, at the same time, one should remember about the restrictions on the time limits for an employee to go to court, established by the provisions of Article 392 of the Labor Code of the Russian Federation:

For the resolution of an individual labor dispute, an employee has the right to go to court within three months from the day when he learned or should have learned about the violation of his right.

In disputes about dismissal, you can apply to court within one month from the date of delivery of a copy of the dismissal order or from the date of issue of the work book.

At the same time, the employer has the right to apply to the court in disputes for compensation for damage caused by the employee, within one year from the date of discovery of such damage.

The deadlines established by Article 392 of the Labor Code of the Russian Federation can be restored by the court if they are missed for valid reasons. At the same time, the legal illiteracy of the employee is usually not recognized as such a reason by the courts.

Court or Labor Dispute Commission?

In accordance with the provisions of Article 383 of the Labor Code of the Russian Federation, the procedure for considering individual labor disputes is governed by the provisions:

Labor Code,
other federal laws (for example - Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation").

The procedure for considering cases on labor disputes in courts is determined, in addition, by the civil procedural legislation of the Russian Federation.

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.

On the basis of Article 384 of the Labor Code of the Russian Federation, labor dispute commissions can be created both on the initiative of employees (or their representative body) and on the initiative of the employer. They should consist of equal number employee and employer representatives. 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 commission are appointed by the head of the organization (the employer of the individual entrepreneur). Employee representatives to the labor dispute committee are elected by the general meeting of employees or are nominated by the trade union with subsequent approval at the general meeting of workers.

The Labor Dispute Commission has its own seal. Organizational and technical support for the activities of the labor dispute commission is carried out by the employer.

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

It should be remembered that not all types of individual labor disputes fall within the competence of the Labor Dispute Resolution Commission. Individual labor disputes that the commission may consider include:

changing the terms of the employment contract.
failure to provide the employee with the days off and holidays due to him.
disciplinary action applied to an employee.
incomplete and untimely payment of wages.

Individual labor disputes that do not fall within the competence of the commission include:

dismissal of an employee.
reinstatement of an employee at work due to illegal dismissal.
change of the date and wording of the order of dismissal.
payment for forced absence.
compensation for harm caused to an employee or employer.
dispute due to refusal to conclude an employment contract with an applicant (refusal to hire).
dispute due to discrimination.
dispute between an employee and an employer who is an individual who is not an individual entrepreneur *.

* In accordance with the provisions of Article 308 of the Labor Code of the Russian Federation, individual labor disputes not settled by an employee and an employer who is an individual who is not an individual entrepreneur on their own are considered in court.

An employee can apply to the commission in case of violation of his labor rights only within three months from the day he learned or should have learned about such a violation (Article 386 of the Labor Code of the Russian Federation). On the basis of Article 390 of the Labor Code of the Russian Federation in the event that an individual labor dispute is not considered by a labor dispute commission within ten days, the employee has the right to transfer his consideration to the court.

Both the employee and the employer can appeal the decision of the labor dispute committee in court, but this must be done quickly - within ten days from the date of receipt of a copy of the commission's decision. In addition, the employee can go to court immediately, bypassing the labor dispute committee. This possibility is provided for by Article 391 of the Labor Code of the Russian Federation.

Procedure for Considering Labor Disputes by the Commission

According to the provisions of Article 387 of the Labor Code of the Russian Federation, the labor dispute commission must:

it is mandatory to register the employee's application received by her.

consider an individual labor dispute within ten 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. However, upon a written application from the employee, it is allowed to consider a labor dispute in the absence of the employee or his representative. If the employee (his representative) fails to appear at the meeting of the said commission, the consideration of the labor dispute must be postponed. If the employee (his representative) does not appear again 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 three-month period established by Article 386 of the Labor Code of the Russian Federation.

The meeting of the commission is considered competent if it is attended by at least half members representing workers and the employer. At the meeting of the commission, a protocol must be kept, which is signed by the chairman of the commission or his deputy and certified by the seal of the commission.

The procedure for making a decision by the commission

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

What should be indicated in the decision of the labor dispute committee:

The name of the organization (full name of the employer - individual entrepreneur), and if an individual labor dispute is considered by the commission of a structural unit of the organization, then the name of the structural unit.

Name, 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.

Names of members of the commission and other persons present at the meeting.

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 the employer (or their representatives) within three days from the date of the decision.

Execution of decisions of the commission

The decision of the labor dispute committee is subject to execution within three days after expiration ten days provided for his appeal. In case of failure to comply with the decision within the prescribed period, the commission issues a certificate to the employee, which is an executive document.

An employee can apply for a certificate within one month from the date of the decision by the labor dispute commission.

The Commission can restore this period if it was missed by the employee for valid reasons.

If the employee or employer has applied for the transfer of the labor dispute to the court, the certificate is not issued.

Based on a certificate issued by the commission and presented no later than three months * from the date of its receipt, the bailiff enforces the decision of the labor dispute commission.

* This period can also be restored by the commission that issued the certificate, if the employee misses it for valid reasons.

Consideration of individual labor disputes in courts

The courts consider individual labor disputes based on applications:

employee,
employer,
a trade union that protects the interests of the employee.

The court considers such disputes in the following cases:

when their participants do not agree with the decision of the labor dispute committee,

when an employee goes to court, bypassing the labor dispute committee,

at the request of the prosecutor, if the decision of the labor dispute committee does not comply with labor legislation and other acts containing labor law norms.

Directly in the courts (disputes do not fall within the competence of the commission) individual labor disputes are considered on applications:

Worker:

on reinstatement at work, regardless of the grounds for terminating the employment contract,

on changing the date and wording of the reason for dismissal,

about transfer to another job,

on payment for the time of forced absence or on the payment of the difference in wages for the time of performing lower-paid work,

on illegal actions (inaction) of the employer in the processing and protection of the employee's personal data.

Employer:

on compensation by the employee for damage caused to the employer (unless otherwise provided by federal laws).

In addition, individual labor disputes are also considered directly in the courts:

about refusal to hire;
persons working under an employment contract for employers - individuals who are not individual entrepreneurs, and employees of religious organizations;
persons who believe that they have been discriminated against *.

* Article 3 of the Labor Code of the Russian Federation prohibits discrimination in the field of labor, establishing equal opportunities for the exercise of their labor rights.

In accordance with the provisions of this article, no one can be restricted in labor rights and freedoms or receive any benefits, regardless of:

gender,
race,
skin color,
nationality,
language,
origin,
property, family, social and official status,
age,
living place,
attitudes towards religion,
political convictions,
belonging or not belonging to public associations,
as well as from other circumstances not related to the business qualities of the employee.

At the same time, the establishment of differences, exceptions, preferences, as well as the restriction of the rights of workers, which are determined by the requirements inherent in this type of work, established by federal law, or due to the special care of the state for persons in need of increased social and legal protection, are not discrimination.

Persons who believe that they have been discriminated against in the field of work have the right to apply to the court with a statement:

on the restoration of violated rights,
compensation for material damage,
compensation for moral damage.

As mentioned above, an employee has the right to apply to a court of general jurisdiction for the resolution of an individual labor dispute within three months from the day when he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the date of delivery of a copy of the dismissal order to him or from the date of issue of the work book.

In this case, the employer has the right to go to court in disputes for compensation by the employee for damage caused to the employer, within one year from the date of discovery of the damage caused.

If, for valid reasons, the deadlines established by the provisions of Article 392 of the Labor Code of the Russian Federation are missed, they can be restored by the court.

Now let's consider what is recognized as valid reasons, in the presence of which the limitation period for labor disputes can be restored.

Clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 17.03.2004. No. 2 "On the Application by the Courts of the Russian Federation of the Labor Code of the Russian Federation" established that circumstances that prevented this employee from timely filing a claim with the court for resolving an individual labor dispute can be regarded as valid reasons for missing the deadline for applying to the court. For example:

the plaintiff's illness
finding him on a business trip,
impossibility of going to court due to force majeure,
the need to take care of seriously ill family members.

But the presence of disability by such courts is not considered as a good reason for missing the established deadlines.

So, the Volgograd Regional Court in its appeal ruling of 23.11.2012. in case No. 33-11901 / 2012, he dismissed the claim for establishing the fact of labor relations and collecting wages, since the plaintiff missed the statute of limitations and there were no valid reasons for missing the deadline. At the same time, references in the plaintiff's complaint to his legal illiteracy and the impossibility of protecting his rights due to physical disabilities (the plaintiff's disability) were not recognized as valid reasons for missing the term for judicial protection of violated rights.

In accordance with the provisions of Article 393 of the Labor Code of the Russian Federation, when an employee applies to court with a claim for claims arising from labor relations *, he freed up from the payment of duties and legal costs.

* Including with regard to non-fulfillment or improper fulfillment of the terms of the employment contract, which are of a civil nature.

Court decisions on disputes on dismissal and on transfer to another job

On the basis of Article 394 of the Labor Code of the Russian Federation, in the event that the court finds dismissal or transfer to another job illegal, the employee must be restored at the previous job.

In this case, by a court decision, the employee is paid:

average earnings for the entire time of forced absenteeism,
the difference in earnings for the entire time of performing a lower-paid job.

So, for example, by the Decision of the Supreme Court of the Russian Federation of 08.02.2013. No. 26-KG12-12 the plaintiff's claims were satisfied:

to declare the dismissal order illegal,
recovery at work,
collection of wages for the period of forced absence,
compensation for moral damage,
collection in favor of the plaintiff of the costs of paying for the services of a representative,

since the defendant violated the procedure for dismissal, since on the day of dismissal the applicant was in a state of pregnancy.

At the request of the employee, the court may limit itself to making a decision on the recovery of the above compensations in favor of the employee.

In addition, if the dismissal is recognized as illegal, the court may, upon the employee's application, decide to change the wording of the grounds for dismissal for dismissal of his own free will.

If found to be incorrect or not in accordance with the law:

statement of the basis,
reasons for dismissal,

the court is obliged to change it and indicate in its decision the basis and reason for dismissal in strict accordance with the wording of the Labor Code of the Russian Federation or another federal law with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation or other federal law.

If the dismissal is declared illegal, and the term of the employment contract at the time of the consideration of the dispute by the court has expired, then the court considering the individual labor dispute is obliged to change the wording of the grounds for dismissal for dismissal upon the expiration of the term of the employment contract.

If, in the cases provided for in this article, after the dismissal is declared illegal, the court makes a decision not to reinstate the employee, but to change the wording of the grounds for dismissal, then the date of dismissal must be changed to the date of the decision by the court.

In the event that, by the time the said decision is made, the employee, after the contested dismissal, entered into an employment relationship with another employer, the date of dismissal must be changed to the date preceding the day of commencement of work with this employer.

If the incorrect wording of the grounds and / or reasons for dismissal in the work book prevented the employee from entering another job, then the court decides to pay the employee the average earnings for the entire period of the forced absenteeism.

In cases of dismissal:

without a legal basis,
in violation of the established procedure for dismissal,
illegal transfer to another job,

the court may, at the request of the employee, make a decision on the recovery in favor of the employee of monetary compensation for moral damage caused to him by these actions. The amount of this compensation is determined by the court.

According to Article 396 of the Labor Code of the Russian Federation, the decision to restore:

at work of an unlawfully dismissed employee,
at the previous job of an employee who was illegally transferred to another job,

is subject to immediate execution.

If the employer delays in the execution of such a decision, the court issues a ruling on payment to the employee for the entire delay in the execution of the decision of the average earnings or the difference in earnings.

Note:Recovering from the employee the amounts paid to him in accordance with the court decision, when canceling the decision by way of supervision, is allowed only in cases where the canceled decision was based on the employee communicatedfalse information or submitted by himforged documents (Article 397 of the Labor Code of the Russian Federation).

Ekaterina Annenkova, auditor certified by the Ministry of Finance of the Russian Federation, expert in accounting and taxation of the IA "Klerk.Ru"

Parties and content of labor disputes.

The concept of an individual labor dispute

Topic 7. Labor disputes and their resolution.

1. Concept, types and reasons of labor disputes.

2. Parties and content of labor disputes.

3. Bodies for consideration of individual labor disputes.

4. The procedure for considering individual labor disputes.

5. Bodies for consideration of collective labor disputes.

6. The procedure for considering collective labor disputes.

7. The order of execution of decisions on labor disputes.

1. Concept, types and reasons of labor disputes(Chapter 60 of the Labor Code of the Russian Federation).

Part 4 of Article 37 of the Constitution of the Russian Federation. The right to individual and collective labor disputes using the methods for resolving them established by federal law, including the right to strike, is recognized.

Individual labor dispute - unresolved disagreements between the employer and the employee on the application of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, labor contracts (including on the establishment or change of individual working conditions), which are reported to the body for the consideration of individual labor disputes.

Types of labor disputes: The Labor Code of the Russian Federation identifies two main types of labor disputes - individual labor disputes and collective ones.

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

Reasons for labor disputes:

1) lack of knowledge by the parties of the current labor legislation;

2) misinterpretation of the current legislation;

3) there is a gap in the legal regulation of the affected

relationships;

4) incorrect application of the analogy of law.

The parties to labor disputes are:

1) in an individual labor dispute:

Employee;

A person who was previously in an employment relationship with this employer;

A person who has expressed a desire to conclude an employment contract with this

the employer, if the employer refuses to conclude such

contract;

Employee representative;

Employer;

Employer representative.

2) in a collective labor dispute:

Representative body of workers (trade unions);

Workforce Council;

Representative (s) elected at the general meeting.

Employer;

Employer representative.

By the disputing subject (individual and collective);

By the nature of the dispute (on the application of labor legislation;

Establishing new or changing existing working conditions;

Individual labor disputes are considered by labor dispute commissions and courts. The procedure for considering individual labor disputes is regulated by labor legislation, and the procedure for considering cases on labor disputes in courts is determined, in addition, by the civil procedural legislation of the Russian Federation.

Labor dispute commissions are formed on the initiative of employees (the representative body of employees) or the employer from an equal number of representatives of employees and the employer. The employer and the representative body of employees who have received a proposal in writing to establish 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 commission 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. The Labor Dispute Commission has its own seal. Organizational and technical support for the activities of the labor dispute commission is carried out by the employer.

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

4... The procedure for considering individual labor disputes.

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. 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 ten calendar days from the date the employee submits an application.

The dispute is considered in the presence of the employee who submitted the application.

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 the labor dispute commission of a structural unit of the organization, the name of the structural unit, last name, first name, patronymic, position, profession or specialty of the employee who applied to the commission ;

Date of appeal to the commission and consideration of the dispute, the essence of the dispute;

Surnames, 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, other regulatory legal act);

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 three days from the date of the decision.

The decision of the labor dispute committee is subject to execution within three days after the ten days provided for the appeal.

In case of failure to comply with the decision of the labor dispute commission within the specified time period, the said commission issues a certificate to the employee, which is an executive document. 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.

Appealing the decision of the labor dispute commission and transferring the consideration of an individual labor dispute to the court

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.

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 law norms.

Individual labor disputes are considered directly in the courts on the basis of the employee's applications:

On reinstatement at work, regardless of the grounds for terminating the employment contract;

On changing the date and wording of the reason for dismissal;

Transfer to another job;

About payment for the time of forced absence or payment of the difference in wages for the time of performance of lower-paid work;

On illegal actions (inaction) of the employer in the processing and protection of the employee's personal data;

Refusal to hire;

Persons working under an employment contract for employers - individuals who are not individual entrepreneurs, and employees of religious organizations;

Persons who believe that they have been discriminated against.

Labor disputes based on applications from the employer - about compensation by the employee for damage caused to the employer, unless otherwise provided by federal laws.

An employee has the right to apply to the court for resolution of an individual labor dispute within three months from the date when he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the date of delivery of a copy of the dismissal order to him or day of issue of the work book.

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

When applying to the court for claims arising from labor relations, employees are exempted from paying duties and court costs.

If the dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute.

The body considering an individual labor dispute decides to pay the employee the average earnings for the entire period of forced absenteeism or the difference in earnings for the entire period of performance of lower-paid work.

If the dismissal is recognized as illegal, the body considering the individual labor dispute may, at the request of the employee, make a decision to change the wording of the grounds for dismissal for dismissal of his own free will.

If the wording of the grounds and (or) the reason for dismissal is recognized as incorrect or not in accordance with the law, the court considering an individual labor dispute is obliged to change it and indicate in the decision the basis and reason for dismissal in strict accordance with the wording of this Code or other federal law with reference to the relevant article , part of the article, paragraph of the article of the Labor Code or other federal law.

The decision to reinstate an unlawfully dismissed employee at work, to reinstate an employee who was illegally transferred to another job at his previous job shall be subject to immediate execution. If the employer delays in the execution of such a decision, the body that made the decision shall issue a ruling on payment to the employee for the entire delay in the execution of the decision, the average earnings or the difference in earnings.

5. Bodies for consideration of collective labor disputes:

Conciliation Commission;

Mediator in the consideration of a labor dispute;

Labor Arbitration;

State bodies for the settlement of collective labor disputes.

Consideration of a collective labor dispute by a conciliation commission is a mandatory step. Neither party to a collective labor dispute has the right to evade participation in conciliation procedures. The conciliation commission is formed from representatives of the parties to the collective labor dispute on an equal basis. The parties to a collective labor dispute have no right to evade the establishment of a conciliation commission and participation in its work.

Consideration of a collective labor dispute with the participation of a mediator

Labor arbitration is the body for the settlement of a collective labor dispute. Temporary labor arbitration is created by the parties to a collective labor dispute in conjunction with the relevant state body for the settlement of collective labor disputes to consider this collective labor dispute. By decision of the relevant tripartite commission for the regulation of social and labor relations, a permanent labor arbitration court may be created under it to consider and resolve collective labor disputes transferred to it for consideration by agreement of the parties.

6. Procedure for considering collective labor disputes(G lava 61). Basic concepts:

1) collective labor dispute- unresolved disagreements between employees and employers 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 refusal of the employer to take into account the opinion of the elected representative body of employees when adopting local regulations.

2) conciliation procedures- Consideration of a collective labor dispute in order to resolve it by an examination commission, with the participation of a mediator, or in labor arbitration.

3) the day of the beginning of the collective labor dispute- the day of the notification of the decision of the employer (his representative) on the rejection of all or part of the demands of the employees (their representatives) or the failure of the employer (his representative) to notify his decision in accordance with Article 400 of the Labor Code.

4) strike- temporary voluntary refusal of employees to fulfill their labor duties (in whole or in part) in order to resolve a collective labor dispute.

Employees and their representatives have the right to put forward claims, are set out in writing and sent to the employer by the representative body of employees authorized by them to resolve a collective labor dispute.

A meeting of employees is considered competent if more than half of the employees are present. A conference is considered competent if attended by at least two thirds of the elected delegates. The decision to approve the requirements is made by a majority of votes of employees (delegates) attending the meeting (conference). If it is impossible to hold a meeting (convocation of a conference) of employees, the representative body of employees has the right to approve its decision by collecting signatures of more than half of the employees in support of the requirements put forward by them.

The employer is obliged to take into consideration the workers' claims sent to him. The employer informs the representative body of the organization's employees about the decision taken, in writing within two working days from the date of receipt of the specified requirements.

The procedure for resolving a collective labor dispute consists of the following stages:

1) consideration of a collective labor dispute by a conciliation commission;

2) consideration of a collective labor dispute with the participation of a mediator or in labor arbitration.

A collective labor dispute at the local level of social partnership must be considered by a conciliation commission within three working days, and a collective labor dispute at other levels of social partnership - within five working days from the date of issuance of the relevant acts on its creation.

The decision of the conciliation commission is made by agreement of the parties to the collective labor dispute, is drawn up in a protocol, is binding on the parties to this dispute and is executed in the manner and terms established by the decision of the conciliation commission.

The procedure for considering a collective labor dispute with the participation of a mediator is determined by agreement of the parties to a collective labor dispute with the participation of a mediator.

The mediator has the right to request from the parties to the collective labor dispute and receive from them the necessary documents and information regarding this dispute.

Consideration of a collective labor dispute with the participation of a mediator is carried out at the local level of social partnership within a period of up to three working days, and at other levels of social partnership - within a period of up to five working days from the date of invitation (appointment) of a mediator and ends with the adoption by the parties of the collective labor dispute of an agreed decision in writing or drawing up a protocol of disagreements.

Not later than the next working day after the day of drawing up the protocol of disagreements upon completion of the consideration of the collective labor dispute with the participation of the mediator, or after the expiration of the period during which the parties to the collective labor dispute must reach an agreement on the candidacy of the mediator, or after the registration of the protocol on the refusal of the parties or one of the parties a collective labor dispute from the consideration of a collective labor dispute with the participation of a mediator, the parties to the collective labor dispute are obliged to negotiate the resolution of the collective labor dispute in labor arbitration.

If the parties to the collective labor dispute agree on the consideration of the collective labor dispute in labor arbitration, they conclude an appropriate agreement containing the condition that the parties must comply with the decisions of the labor arbitration, after which the parties to the collective labor dispute are obliged to resolve the collective labor dispute at the local level of social partnership within a period of up to two working days, and when resolving a collective labor dispute at other levels of social partnership, within a period of up to four working days, create, together with the relevant state body for the settlement of collective labor disputes, a temporary labor arbitration to consider this collective labor dispute or submit it for consideration to a permanent labor arbitration , created under the relevant tripartite commission for the regulation of social and labor relations.

A collective labor dispute is considered in labor arbitration with the participation of representatives of the parties to this dispute when resolving a collective labor dispute at the local level of social partnership within up to three working days, and when resolving a collective labor dispute at other levels of social partnership - within five working days from the date creating a temporary labor arbitration or referring a collective labor dispute for consideration to a permanent labor arbitration.

Labor arbitration considers applications of the parties to a collective labor dispute; obtains the necessary documents and information regarding this dispute; informs, if necessary, public authorities and local self-government bodies about the possible social consequences of a collective labor dispute; makes a decision on the merits of a collective labor dispute.

The decision of the labor arbitration tribunal for the settlement of a collective labor dispute shall be transmitted to the parties to this dispute in writing.

Formation of labor dispute commissions. In accordance with Art. 384 of the Labor Code of the Russian Federation, labor dispute commissions are formed at the initiative of employees and (or) the employer from an equal number of representatives of employees and the employer. Employee representatives to the labor dispute committee are elected by the general meeting (conference) of the employees of the organization or delegated by the representative body of employees with subsequent approval at the general meeting (conference) of the employees of the organization. Employer representatives are appointed to the commission by the head of the organization.

By decision of the general meeting of employees, labor dispute commissions 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 dispute committee of the organization has its own seal. Organizational and technical support for the activities of the labor dispute commission is carried out by the employer. The Labor Disputes Commission elects from among its members a chairman and a secretary of the commission.

The competence of the labor dispute committee is defined in Art. 385 of the Labor Code of the Russian Federation, which provides that the labor dispute commission is a body for considering individual labor disputes arising in organizations, with the exception of disputes in which the Labor Code of the Russian Federation and other federal laws establish a different procedure for their consideration. 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.

Deadline for applying to the labor dispute commission. An employee can apply to the labor dispute commission within three months from the day when he learned or should have learned about the violation of his right274. In case of missing the established deadline for valid reasons, the labor dispute committee may restore it and resolve the dispute on the merits. The procedure for considering an individual labor dispute in a labor dispute commission is enshrined in Art. 387 of the Labor Code of the Russian Federation. 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 ten calendar days from the date the employee submits an 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 his written application. If the employee or his representative fails to appear at the meeting of the commission, the consideration of the labor dispute is postponed. In the event of a secondary failure of the employee or his representative to appear 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 head of the organization is obliged to submit the necessary documents to it within the prescribed period.

A meeting of a labor dispute committee shall be deemed competent if attended by at least half of the members representing employees and at least half of the members representing the employer. 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 procedure for making a decision by the labor dispute commission and its content. 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. Article 388 of the Labor Code of the Russian Federation provides that the decision of the labor dispute commission must indicate:

The name of the organization (department), 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, names, patronymics of members of the commission and other persons present at the meeting;

Appealing the decision of the labor dispute commission and transferring the consideration of an individual labor dispute to a court. If the individual labor dispute is not considered by the labor dispute commission within ten days, the employee, in accordance with Art. 390 of the Labor Code of the Russian Federation has the right to transfer 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.

82. Consideration and resolution of individual labor disputes in courts.

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 committee does not comply with laws or other regulations.

Directly in the courts in accordance with Art. 391 of the Labor Code of the Russian Federation considers individual labor disputes on applications:

An employee - 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 transferring to another job, on payment for the time of forced absence or on the payment of the difference in wages for the time of performance of lower-paid work;

The employer - on compensation by the employee for harm caused to the organization, unless otherwise provided by federal laws;

Refusal to hire;

Persons working under an employment contract with employers - individuals;

Persons who believe that they have been discriminated against.

Deadlines for going to court for resolving an individual labor dispute. An employee has the right to apply to the court for resolution of an individual labor dispute within three months from the date when he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the date of delivery of a copy of the dismissal order to him or day of issue of the work book 275. The employer has the right to apply to the court in disputes for compensation by the employee for harm caused to the organization, within one year from the date of discovery of the harm caused.

If the deadlines are missed for valid reasons, they can be restored by the court.

Depending on the type of individual labor dispute, it can be considered either by a justice of the peace276 or in a court of general jurisdiction.

Exemption of employees from legal costs. When applying to the court with a claim for claims arising from labor relations, employees in accordance with Art. 393 of the Labor Code of the Russian Federation are exempt from payment of duties and court costs.

83. Collective labor disputes: concept, parties, bodies resolving the dispute, terms and procedure for conducting conciliation procedures. Guarantees to persons participating in the settlement of collective labor disputes.

Collective labor disputes - unsettled disagreements between m / y workers and slaves regarding the establishment and change of working conditions (including salary), conclusion, change and fulfillment collective dog-ditch, agreement on social and labor relations. The subject of the collection. work. dispute yavl.zak.int-sy and the rights of associations in labor collectives of workers. The procedure for resolving the collective labor dispute consists of successive stages: 1) the dispute will be considered by the commission; 2) consideration of a dispute with the participation of a mediator; 3) consideration of a dispute in labor arbitration. The moment of the beginning of the collective labor dispute - the day when the employer's decision was reported about the rejection of all or part of the workers' demands or the worker's failure to report in his decision, as well as the date of drawing up a protocol of disagreements during the collective negotiations. The reconciliation commission is a joint body of the disputing parties, created by them on an equal footing within a period of up to 3 working days from the moment of the start of the dispute. Its creation was formalized by the order of the slave and the resh-m of the representative of the slaves. The meeting of the commission is held in full force. The decision is taken by agreement of the parties on the basis of negotiations. The accepted agreement is formalized in a protocol, has binding force and is executed within the established time frame. After the commission has drawn up the protocol of disagreements between the parties to the collective labor dispute, within 3 working days, invite a mediator either independently or with the help of the Collective Labor Dispute Settlement Service. if within this period they have not reached an agreement on the candidacy of a mediator, then they begin to create labor arbitration. The mediator is the third neutral body in relation to the disputing parties, designed to help the parties reach an agreement on the dispute. Consideration of a dispute with his participation will end: either by the parties to the dispute accepting an agreement, or by drawing up a protocol of disagreements. Labor arbitration is a temporarily acting body for resolving a labor dispute. It is created if, if the parties to the dispute have entered into an agreement in the letter form on the obligation to fulfill its resolution. Labor arbitration shall resolve a dispute with the participation of representatives of the parties within up to 5 working days from the date of the creation of labor arbitration and may sit more than once. At the end of the consideration of the dispute, it takes a decision. The agreement reached in the course of resolving the dispute was formalized in a letter. Form and binding for the parties.

84. The right of workers to strike. Announcement and conduct of a strike, recognition of the strike as illegal, postponement, suspension of the strike.

85. Strike represents a temporary voluntary refusal of employees to perform their labor duties in order to resolve a collective labor dispute. If the conciliation procedures did not lead to the resolution of the collective labor dispute or the employer evades conciliation procedures, does not fulfill the agreement reached in the course of resolving the collective labor dispute, or does not execute the decision of labor arbitration, which is binding on the parties, then the employees or their representatives have the right to proceed to the organization of a strike.

86. Participation in a strike is voluntary. No one can be forced to participate or refuse to participate in a strike. Persons forcing employees to participate or refuse to participate in a strike are subject to disciplinary, administrative or criminal liability. Strike heads the representative body of workers... This body is elected simultaneously with the adoption of the decision on the strike and has the right to convene meetings (conferences) of employees, to receive information from the employer on issues affecting the interests of employees, to attract specialists to prepare opinions on controversial issues. The powers of this body are terminated if the parties sign an agreement on the settlement of a collective labor dispute or if the strike is declared illegal. During the period of the strike, the parties to the collective labor dispute are obliged to continue resolving this dispute by conducting conciliation procedures, which usually end with the conclusion of an agreement on the settlement of the collective labor dispute. In this case, the strike is terminated.

87. The employer, executive authorities, local self-government bodies and the body leading the strike are obliged to take all measures depending on them to ensure public order during the strike, the safety of the property of the organization and employees, as well as the operation of machinery and equipment, the stopping of which is a direct threat to human life and health. By agreement of the parties, a minimum of necessary work should be provided. If no agreement is reached, then the minimum work and services necessary for the population are established by the executive authority. If the minimum required work and services is not provided, the strike may be declared illegal.

88. A strike is terminated if:

89. a) resolving a collective labor dispute and concluding an appropriate agreement;

90. b) adoption of a decision on the termination of the strike by the body leading it;

91. c) the court makes a decision to declare the strike illegal.