At any enterprise and organization there is a leader who is an employer, and employees. Between them, labor relations are established in accordance with labor legislation and other legal normative acts. There may be some disagreement between them regarding changes in working conditions, lower wages, on issues of a labor or collective agreement, some advantages, scope of duties and rights established in the agreement and acts. If they cannot be resolved, they go to the committee to resolve these differences.
Individual labor disputes are the incompatibility of the views and opinions of the employee and the employer on the application of a new subjective, different from contractual law. This may be the right to a higher salary, in relation to the volume of duties performed, or the right to benefits or benefits claimed by the employee.
Individual labor disputes are recognized as a disagreement between the manager providing the job and the person who was in the relationship of the employment contract with him , and even the person who expressed willingness to enter into this relationship (if the employer refuses to conclude it.
Individual labor disputes are considered both in court and in the labor dispute committee , depending on the jurisdiction. So, one of these two groups is not authorized to consider the dispute, or after the decision of the CCC, consideration must be submitted to the court. But in any case, the matter should be considered by the competent authority. In addition, any employee has the right to file a complaint with a higher authority or a court about the behavior and actions of the head of the enterprise, as well as with the prosecutor's office and the federal labor inspectorate.
The rights of workers are protected by the Constitution of the Russian Federation, therefore, subject to violation of labor contractual rights, he always has the full right to professional legal assistance.
Individual labor disputes and the procedure for their resolution are reflected in the Labor Code of the Russian Federation and in the Civil Procedure Law of the Russian Federation.
Labor disputes, in addition to individual and collective, there are lawsuits and non-lawsuits. The former include disputes regarding the application of labor contracts and normative acts, and the latter include different opinions when establishing new, unwritten in contracts, working conditions not specified in normative acts.
The procedure and time for considering a labor dispute is determined by its nature. If the collection of discipline by the CCC can be considered unlawful, then the dispute about dismissal for constant violation of discipline at work is resolved only in court. But there is also the primary stage in resolving the conflict - a mutual agreement of the parties.
And only if in this case the disagreements are not resolved, the issue will be forwarded to the CCC, and then to the courts. The composition
of the labor dispute committee, its number and duration are elected by the
labor collective meeting
. To restore their rights at the enterprise, the employee who finds out about their violation must contact the CCC no later than three months.
All individual labor disputes, their features and decision-making on them takes place in accordance with the Constitution of the Russian Federation, the Civil and Labor Code of the Russian Federation.