In labor legislation there is no such thing as limitation of actions. It applies only to disputes arising from civil matters. Nevertheless, the Labor Code contains article 392. It speaks of how long an employee can apply to a judicial authority to consider a dispute arising from an official relationship. And therefore, this period of time can also be called the limitation period, which is applied in accordance with the Labor Code of the Russian Federation.
Definition
The limitation period for labor disputes is a period of time during which a person has the right to apply to the court for the protection of his interests. This can be done by both the employee and the employer if the subordinate has suffered material damage. For this, the leader has exactly one year. The limitation period for labor disputes upon dismissal from work is a month, the countdown of which begins from the moment the subordinate received a copy of the order. Of course, if the employee appealed to the court later than the specified period of time, a statement will be accepted from him. But only he will need to prove that the deadline is missed for good reasons (business trip, illness and other emergencies). Otherwise, the court will refuse to consider the application without examining any circumstances of the case.
The limitation period for labor disputes that are not related to the termination of employment with an employee is only three months. His countdown begins from the moment when the latter learned about it. There are a lot of such examples in practice, because employers very often violate the law (delayed salaries, non-payment of vacation pay).
In most cases, the statute of limitations for labor disputes is called the lawsuit. Because everyone is used to the fact that disputes in court are resolved in civil procedure. Nevertheless, these two concepts are in no way interconnected, since they relate to different branches of law.
Changes
At the beginning of October this year, article 392 of the Labor Code was slightly amended. Now, the limitation period for labor disputes, which relate to delays in the payment of wages and other funds due to the employee, is one year from the moment the employee learned about the violated right. Prior to this, this period of time was equal to only three months. After its expiration, the courts refused to accept applications without examining all the circumstances of the case. The limitation period for labor disputes that are associated with the termination of official relationships, as before, is one month.
If the deadline is missed
In such a situation, the judicial authority refuses to consider the application and is not even interested in the circumstances of the case. But this can be avoided by submitting an appropriate application stating good reasons for missing this period. Among them may be: a person’s illness, a long business trip, caring for a disabled family member. The main thing is that they be respectful for the court. Otherwise, the application will be returned without consideration. Therefore, it must be remembered that the statute of limitations for a claim for labor disputes begins from the moment when a citizen learned of a violation of his interests. This period can be from a month, but only with illegal dismissal, as well as a year if the dispute is caused by a delay in the payment of funds. Therefore, to restore the limitation period for labor disputes is possible only in court.
For the head
According to article 392 of the Labor Code, a boss can apply to a court for compensation for damage to his subordinates only within a year after it is discovered. This will also be considered an individual business dispute. Currently, the interests of the leader and subordinate are balanced among themselves, because the statute of limitations for both parties is only a year. A faster resolution to the situation can be assisted by a labor lawyer who specializes in this. It is best if he is an employee of the organization. In this case, it is likely that the parties will be able to resolve their relationship without a lawsuit and solve everything peacefully. An employer in labor disputes will also be able to help the employer in drawing up a lawsuit and representing interests in court.
Professional protection
A labor dispute attorney is a qualified lawyer, carrying out its activities on the basis of the status assigned to it. In this case, his task is to protect the violated interests and rights of the employee or manager using all legal methods.
The Labor Code of the Russian Federation has many different aspects for detailed and in-depth study, therefore, a labor dispute attorney is a narrow-profile specialist with extensive experience in this matter.
KTS
Each employee who believes that his right has been violated can apply to a special commission for the resolution of labor disputes. As a rule, it is created from an equal number of people invited by employees and the head. The consideration of individual labor disputes in this body takes place within 10 days from the date of transmission of the application. In this case, the employee must be present in person. In the event that the employee did not appear at the indicated time for the commission meeting, it will be postponed. The employee has the right to authorize his representative to participate in the meeting. In case of repeated failure to appear of the indicated persons, the issue may be withdrawn from consideration by the commission. Therefore, if the employee wants the dispute to be considered without his participation, then he must inform the authority in writing of this.
The limitation period for applying to the labor dispute resolution commission is three months. It considers only those issues that can be resolved in a pre-trial manner, without the participation of state bodies.
By agreement
Upon dismissal on this basis, the employee may apply for help to the court if he considers that this was done illegally. The termination of the employment contract in this case must be properly executed by drawing up an agreement in which the date and certain conditions, the amount of payments should be indicated. In practice, such situations often occur that the employee did not want to quit, but the employer insisted on this, and thereby violated his right to work. In this connection, the latter decided to appeal the termination of the employment contract through a judicial authority. At the same time, many lawyers say that upon dismissal on this basis it is almost impossible to achieve reinstatement, especially if all the conditions in the agreement were met and the funds were paid in full. But despite this, a citizen has a one-month period for appeal. So says art. 392 TC.
Withholding Payments
In the event that an employment contract with a citizen has been terminated, he is entitled to receive a salary and other amounts on the last day of his career. If the chief evades transferring funds to the employee, the latter may apply to the judicial authority to protect his rights. For this, he is given a period of exactly one year.
In the event that the employment contract with the employee is not terminated, but the payment of funds by the manager is not made in a timely manner, a person can apply to the judicial authorities at any time. Because in this case there will be a continuing character of service relations. And the court will not have the right to refuse a citizen to consider the application.
Effects
In the event that an employee for any reason has missed the statute of limitations for the resolution of labor disputes, this is not grounds for refusing to accept his application. If this happens, then the person will have an extra reason to appeal to a higher authority. Therefore, the judicial authority accepts the application for production, and already at the preliminary hearing it can make an appropriate determination, which will refuse to satisfy the claims. In this case, the employee will be able to independently explain the reasons for missing the period established by the Labor Code and provide evidence that they were respectful (illness, business trip, caring for a disabled person). If the court upholds his explanations, he will fix the date of consideration of the claim on the merits. Otherwise, the requirements will be denied.
Arbitrage practice
Currently, the rights of workers are often violated by heads of organizations. This is due to improper reduction, non-payment of salaries, deduction of vacation pay. In this case, a person has only one way out - this is going to court.
For a more complete understanding of the topic, we give a conditional example.
A citizen was dismissed from the organization at the initiative of his leader. The latter considered that his subordinate did not correspond to his position, although there were no visible grounds for this. The employee performed his work competently and was very disciplined, no complaints from clients were received. Further, the citizen appealed to the judicial authority with a request for reinstatement because he considered that the head violated his rights and interests by unlawful dismissal. But the application was submitted to them a few months after the termination of the contract.
The labor court finds the plaintiff's findings lawful and reasonable. In addition, the citizen provided documentary evidence that he was on sick leave after his dismissal, so he missed the deadline for appeal for a good reason. This fact is confirmed by the certificate of incapacity for work. Therefore, the court decided the plaintiff's claims to satisfy and restore him to work.
From the foregoing it is clear that the application of the limitation period for labor disputes plays a significant and even decisive role in the consideration of citizens' applications. If the court recognized the reasons for missing this period as disrespectful, it would refuse to satisfy the requirements.
General
The period during which a citizen can apply to the judicial authority for the protection of his rights is called the statute of limitations. It can be different, depending on what kind of violation the head or the employee committed.
So, for example, if the salary is not paid, the employee can file a lawsuit with the court within a year. This period is counted from the moment when the delay in the transfer of funds began. Previously, this period was three months, but the amendments made to the Labor Code of the Russian Federation equalized the rights of the subordinate and the boss. It should also be noted that the employee can apply to the commission to resolve disputed official issues. Within ten days, his application must be considered.
The period for appealing against the illegal dismissal is exactly one month. It starts from the moment when the person was handed the work book or a copy of the order on termination of service was issued.