Nowadays, individual labor disputes that arise between a manager and an employee are quite common. They relate to issues of remuneration of labor, working conditions and other violations in the field of labor legislation, which simply cannot be solved by negotiations with the administration. Therefore, more and more people turn to the courts, bypassing the bodies of pre-trial resolution of the individual confrontation "employee - employer". It is the labor dispute commissions that are called upon to monitor compliance with the law.
And, in fact, what is called an individual labor dispute? These are unresolved, unresolved disagreements between the employee and the manager, which are reported to the body authorized to resolve such issues. Although not only with the employee, but also with the former employee, the employment relationship with which has already been terminated.
Therefore, today we’ll talk about a public body, which is the labor dispute committee, or rather, the labor dispute committee. It includes an equal number of representatives from the workforce and administration. Representatives of employees are nominated to the commission at the meeting, and representatives from the administration are appointed by the head. The labor dispute committee may be elected not only in the organization, but also in its individual divisions. The main requirement is that at least 15 people should work in the organization or its unit.
In order not to violate the rights of employees and their legitimate interests, the activities of the commission should be determined by uniform rules that would meet the interests of employees. Therefore, the organization should be developed and approved by the general meeting of the collective regulations on the commission.
What issues can the labor dispute committee resolve? Usually these are issues of application of laws and legal acts that relate to labor law, labor and collective agreements and agreements.
If the employee could not solve his problem with the employer on his own, he can apply with a written application to the so-called "conciliation" commission created in the organization. The application is mandatory registered and no later than ten calendar days is heard at a meeting of the commission. Within three months from the time when the employee saw a violation of his rights, he can apply to the commission at the enterprise. But if this period is violated for legitimate reasons, then its dispute can essentially be resolved at an unspecified time.
A dispute between two parties is considered in the presence of the employee, or, in extreme cases, his representative. If the employee or his representative could not attend the meeting of the commission, then the issue will be considered without them only by written application. If there was none, consideration of the issue is postponed to another time. In case of repeated failure to appear at the meeting without a good reason, the commission may no longer consider this issue.
The labor dispute committee may invite experts to its meeting and call witnesses. The head of the organization in which the conflict arose is obliged to submit to it all the documents necessary for resolving the issue in a timely manner.
The labor dispute committee, as a result of a secret ballot, makes a decision. A copy of the commission’s decision, signed by the chairman or his deputy and certified by the seal, is handed to both the employee and the head of the organization no later than three days from the date of its adoption.
The decision of the commission on individual labor disputes must be implemented within three days after the deadline for appeal (usually 10 days). If the decision of the commission is not implemented, then the employee is issued a certificate, which is a document for execution. Such a certificate may not be issued only if the employee has notified in writing of the transfer of the case initiated by him to the court.
An employee who is not satisfied with the decision made by the commission may appeal to the court and appeal against it within 10 days from the date of delivery of this copy to him. However, he must decide whether to apply immediately to the commission on controversial issues of his organization or directly to the court.