Bodies dealing with individual labor disputes deal with the elimination of conflicts arising between the organization in the person of its leadership and hired personnel. Article 46 of the Constitution of the Russian Federation granted citizens the right to appeal to the courts to protect their violated interests. The working people make their own choices: peacefully resolve production issues at the places of employment or trust the legal authorities.
For their benefit, various legal mechanisms have been created to achieve justice. Each person, if he believes that his rights are violated, can entrust his fate to any of the bodies for the consideration of individual disputes, as well as refute their decision.
How TC regulates conflict situations
The Labor Code of the Russian Federation is intended to highlight legal issues related to relations between enterprises between management and employees in a special category. And they are considered in a separate order. With the development of commercial structures, there have become more problems, as the scope of activity has expanded, and the opportunities for business entities to create fertile soil to create various unpleasant situations have increased.
Sometimes they can only be resolved by individual labor dispute resolution bodies. The Labor Code indicates the investigation procedure in Article 383. It makes controversial issues dependent on the definition of:
- subject;
- subject;
- character.
To resolve the differences, you need to figure out:
- with the reason that provoked the conflict;
- who started the discord, where it comes from;
- what kind of relationship has developed in the team;
- with the nature of the legal relationship that caused the dispute.
What a separate position indicates
Article 382 of the legislative act of this industry indicates that 3 bodies dealing with individual labor disputes should deal with such issues:
- special reconciliation commissions, they are created in each case separately;
- intermediaries;
- labor arbitration.
Each education can be organized only by agreement with the disputing parties. If they do not come to reconciliation, refer the consideration of individual labor disputes to the judicial authorities:
- district;
- city federal;
- world.
Article 384 of the Labor Code of the Russian Federation sets out the requirements and the procedure for creating special groups or advisory committees.
How to create a commission?
One of the bodies for the consideration of individual labor disputes is a separate entity - the commission. The initiator for the convening of such a group is entitled to become both the employer and the employees. They gather, decide on the need for the organization of society, distribute an equal number of participants in the procedure. Then the parties are notified that the proposal was received to create a conciliation commission, for this you need to send your representatives within 10 days.
The manager appoints several people who will represent the side of the enterprise. The delegates on the part of the workers are citizens who are elected by the general meeting. Such formations can be created in a separate production unit - in the one in which the controversial situation arose. It is here that an individual issue will be considered, or in the whole plant, factory.
When all members gather, they will be elected:
- Chairman
- deputy;
- secretary.
Such commissions are created to solve a specific issue, they do not change working conditions, and do not establish provisions that are not regulated by law. Article 382 discloses the bodies competent to deal with the problem. Article 383 indicates the existence of jurisdiction in order of level of competence for making a binding legal decision.
When do they go to court?
It is determined that the main jurisdictional bodies for the consideration of individual labor disputes are the commission and the court. If the meeting did not reach a single consensus or the decision of the assembled members does not satisfy the rest of the society, the court will deal with the conflict. Collective labor claims should be distinguished from individual ones. In the first case, a certain organizational unity comes up with a problem in the form of:
- union members;
- employees of the organization;
- subsidiary or branch.
These societies combine professional or social-labor interests. Regulate conflict resolution Articles 398, 399 of the Labor Code of the Russian Federation. When the question arises, for example, about non-payment of salaries, it goes into the category of an individual dispute. As a body for the consideration of individual labor disputes in Moscow, a justice of the peace is determined. He is appointed by the city council, and put forward by the chairman of the Moscow court.
Order for a Peaceful Settlement
The commission is created if the employee, independently or with the help of his representative, could not resolve the differences with the boss. To convene a commission, the employee applies within 3 months after he learned about the violation of rights. The countdown starts from the moment of detection of infringement of interests. If there were good reasons and the deadline was missed, it shall be restored upon application or the situation shall be resolved on the merits.
Claimed claims are subject to registration and consideration within a ten-day period. Production Rules:
- the employee must be present at a meeting of the members of the commission examining his question;
- if the employee filed a written request to be absent from the meeting for valid reasons, members can satisfy the application and do the work without it;
- in case of failure to appear on the commission without warning, the proceedings shall be postponed.
These bodies for the consideration of individual labor disputes and their competence allows you to remove the issue from the agenda when the employee ignores the meeting and is not again at it. He loses the right to file complaints again until the deadline set in the Labor Code of the Russian Federation expires.
What rights does the body have?
Commission law provides broad powers. Delegates convened for a specific case may act in the following order:
- invite citizens to testify;
- require the employer to transfer the necessary evidence;
- call officials in a specific specialty to clarify professional issues.
Bodies for the consideration of individual labor disputes and their competence will be competent if half of the representatives from each of the parties are at the meeting.
Implementation
The meeting, which includes members of the commission, must comply with the procedure for its holding. To do this, draw up a protocol, it records every action and statements of the participants. The document is signed by the chairman with the deputy, the validity is confirmed by the seal. Voting is conducted secretly, they decide on the counting of votes, where the majority is considered a priority.
Paperwork
The final decision is entered into the protocol. The document is filled out according to the rules of office work:
- indicate the name of the company, the name of the founder or immediate supervisor;
- Name and position of the person applying for help;
- reflect the date of creation of the commission at the request of the employee;
- describe the essence of the controversial situation;
- List members who are members of a group
- make a decision with legislative references based on the results of voting.
For full registration, 3 days are given for the protocol to go to the parties to the conflict. The disputants may appeal the decision of the meeting on reconciliation within 10 days.
Executive functions
Bodies for the consideration of individual labor disputes make it clear briefly and clearly that their decision must be enforced after entry into force no later than 3 days. If the employer does not make concessions, ignores the resolution of the commission, the employee is issued a certificate of completion of this stage. The document is valid for 3 months. During this time, the employee must contact the bailiffs.
The grounds provided will lead to the beginning of coercive measures and the enforcement of the decision. If there are good reasons and the deadlines are missed for contacting the bailiff service, the date is extended.
When the employee’s calls are not paid attention, his question is not considered and the commission is not convened, his rights have to be defended by the court. In the comments to Art. 382 states that an employee may request reconciliation at his own discretion.
It was also emphasized that the Constitution of the Russian Federation does not require mandatory action in this sequence, using a preliminary extrajudicial procedure. Every citizen is entitled to choose where to start. It is not forbidden to immediately file a complaint with the court, bypassing the internal proceedings.
The legislation provides for certain cases when certain categories of labor disputes are examined in a pre-trial way with the help of supervisory and controlling state bodies. These include federal labor inspectorates. In such structures, a reception is conducted:
- statements;
- letters
- complaints.
They indicate violations of work, and the authorities take measures at the level of their competence, which does not include consideration of an individual labor dispute.