In what court labor disputes are considered, the complainant needs to know if there is a conflict in the company’s team and if it is impossible to resolve the situation in a peaceful way. Jurisdiction is the division of courts into jurisdictions, which means their competence to consider the submitted application. The Code of Civil Procedure of the Russian Federation in Chapter 3 and Articles 22 -32 approves the distribution of cases by jurisdiction in labor disputes, classifying them by type, category, depending on the features available in the cases under consideration.
Characteristics
Citizens apply for various problems, they need to determine in which court a labor dispute is considered in a particular case. Various legal cases are created in nature, they are considered, investigated in departments of different competencies. To ensure order, lawyers delimited succession for each instance - jurisdiction. The determination in which court the labor dispute is being considered will take place on the basis of the seriousness of the issue and the location of the agency to which the court’s jurisdiction applies. We divided this element into generic and territorial types, where jurisdiction happens:
- common;
- alternative;
- exceptional;
- related to several matters;
- contractual.
For tribal jurisdiction, a court is appointed that considers a case that fits the category. The term "territorial" corresponds to its name, and in what court the labor dispute is considered, depends on where the plaintiff and defendant are.
Where to go with a lawsuit?
At the Plenum of the RF Armed Forces on March 17, 2004, Decree No. 2 was issued, which clearly regulates which courts to file claims, with rules for reviewing and making decisions. The basis of labor relations management is the provisions of the Labor Code of the Russian Federation in accordance with the Constitution.
The World Court considers labor disputes regarding illegal transfers to other positions, unjustified refusals of employment. The reason for applying to such jurisdiction will be the demotion of a specialist with higher education and skills to a place where special training is not needed.
District courts appeal appeals of judges of the peace. In this instance, they are reinstated at work, they are considering the issue of collecting compensation from employers, as well as regarding:
- Incorrect entries in work books
- illegal dismissals;
- delays in salaries with incorrect accruals and deductions;
- compensation for non-pecuniary damage.
Labor disputes in a district court consider various areas where both the employer and the employee can become a defendant if he has caused damage to the enterprise.
Higher authorities
Courts are distinguished by their hierarchy or subordination of a lower authority to a higher institution. World and regional - this is the lowest step on the court of jurisdiction, higher are the courts:
- regional;
- regional;
- supreme.
The jurisdiction of these instances includes the review of cases, the correction of errors on incorrect decisions sent from legal institutions that are subordinate to them.
In what order is the conflict considered?
Judicial consideration of labor disputes has its own legal features. The plaintiff submits an application to the defendant, if there are any claims against him. There should not be any allegations, every illegal moment must be confirmed by documents:
- poor working conditions;
- a reduced salary rate, violations in the frequency of payments, the existence of delays in settlements;
- unreasonable transfers, demotion.
As information fit:
- employment contracts;
- written agreements;
- internal routine of the enterprise;
- job description of a specialist.
The court may:
- consider the submitted materials;
- identify violations;
- satisfy the claim;
- refuse to accept the application.
The claim is denied if the applicant has drawn up the document incorrectly or the charges are not confirmed, therefore they are insolvent.
What disputes belong to labor?
A lawsuit in a labor dispute court is filed if a situation arose:
- the employer violated the terms of the concluded employment contract, internal regulations, instructions;
- the head refused to accept work without explanation of reasons and grounds;
- the boss finds fault, evidence of a biased attitude has been collected;
- there was a transfer to a position with a lower status with a lower salary;
- employee discrimination.
The employer may apply to the court if the employee has stolen the values of the enterprise, the equipment has been damaged due to negligence.
In any case, you need to know that, as in other cases, there is a limitation period for labor disputes.
What is the deadline for?
In the Labor Code, article 392 explains in detail why restrictions are placed on recourse to a judicial authority. Workers and employers are different. For employees, the limitation period for labor disputes may last up to a year, if it concerns wages. The conflict is resolved within 3 months. A specialist can recover at work within a month after dismissal. As in any case, the court extends the time limit upon omission, if it considers the reason to be valid or such actions require the seriousness of the problem under consideration.
Other labor disputes
A clause is often found in legislative provisions, unless otherwise provided by law. Other approved points point to similar exceptions to the general legislative provisions, but there are also those on which a judge can make decisions on the level of his competence. In terms, there are also situations affecting the duration, depending on the circumstances. An employee can begin a search for justice in court, outraged by an unreasonable reprimand emanating from a higher-ranking official who has humiliated his dignity. The duration for filing a complaint is 3 months. Violations of moral and material damages, improper certification - all actions have the same restriction when complaints are allowed during the quarter.
Many citizens, talented and successful in a certain field of activity and specialty, lack legal literacy, which is why complaints with short deadlines are so rare. When they decide to file an application with the court, they do not accept it; good reasons are needed. Good reasons include:
- illness of the employee, if a medical confirmation is given;
- insurmountable circumstances in the form of natural floods, hurricanes;
- long business trips.
Justice can always be restored, even if the deadline for this is missed, by applying for an extension.
What does the law provide to employers?
For representatives from the leadership, the deadlines are longer. From the time when the violation, damage, shortage was noticed, no more than a year should pass for applying to the court. All terms have a peculiarity, their prescription is difficult to prove, because the countdown begins from the moment of detection of the damage. Providing good reasons will help to restore missed deadlines.
There are distinctive criteria for collective labor proceedings and the timing of them. If a group of persons in the brigade has complaints about the bosses, they must contact him with written requirements. The manager must respond no later than 3 days to the terms and conditions set. If the employer does nothing, the countdown is carried out starting from the period given to the management for reflection.
The trial begins if a peaceful settlement has been conducted. The reconciliation commission convened at the enterprise does this. When they do not succeed, after 5 working days the case is referred to arbitration. If the director avoids any opportunity to resolve the dispute, this will be a minus for him in the final result, and the lawsuit will be satisfied.