Unlike the main principles of labor law, which contains provisions of the entire branch of the law, the principles relating to labor disputes have certain features of a specific part of TA. What does it mean? They contain the procedure for the consideration of labor disputes, its organization and procedural actions. In Russia, this order is characterized by democracy, simplicity, transparency, convenience and accessibility. Due to this, disputes can be resolved free of charge in a short time and in full.
Principles
When considering conflicts between workers and employers, certain principles exist. These are the provisions in which the most important characteristic features of this order are determined, as well as the direction of development of the system. In the case of labor disputes, these include the following:
- Democracy. This means the participation of all workers in resolving the dispute.
- Simplicity. It means affordable, free and convenient treatment to various authorities if necessary.
- Legality, completeness and objectivity.
- Short time.
- The actual execution of the decision, as well as the restoration of violated rights in the field of labor law.
We will study these principles in detail.
Elected team members take part in the labor dispute committee. Conflicts are considered in a conciliation commission, in which representatives of workers and employers participate. In the same way, labor arbitration is formed.
Participating in the resolution of such a dispute, workers do not incur material losses, it does not take a lot of time. The conflict is resolved through the CCC (Commission on the consideration of labor disputes) during non-working hours. If it comes to court, they turn to the authority in the same area as the place of work. At the same time, employees are exempted from paying state duty.
The conflict situation is resolved openly, objectively, in full and in accordance with the law. Commission meetings are held openly and publicly.
Labor disputes under the Labor Code of the Russian Federation have short claims (that is, time intervals during which certain procedural actions are carried out), in particular:
- Maximum 10 days at the CCC. The same period is allotted for consideration of the case in court, but 7 days are added to this to prepare the case. In higher courts, the case can be considered within 1 month, and with the participation of an intermediary - up to 7 days.
- All decisions, extracts, protocols are issued within 3 days from the date of issuance.
- 10 days are also given to appeal the decision of the CCC and the court.
- Certain dates may change, recover, while others may not.
Individual disputes
The procedure for considering a labor dispute is a procedural form of proceedings, which begins with the adoption of the application and ends with a decision in the case. It is necessary to distinguish the corresponding order in the CCC, as well as in the judicial and higher authorities. Basically, these disputes are considered in a general manner. If the CCC has not considered the application within 10 days, the applicant can appeal to the court. Parties may appeal the decision made by the CCC. The procedure for considering a labor dispute within the framework of the CCC is given in Article 390 of the Labor Code of the Russian Federation. If they go to court, then the norms of civil procedure law are also applied.
Dispute Resolution at the CCC
CCC is a collective body that is created in the organization on the initiative of employees and / or the employer. Representatives on the part of employees are selected at the meeting by open or secret ballot, and on the part of the employer, by issuing the order of the latter. The organization may create structural units that function in the same way as the main CTS.
In the CCC, labor disputes are considered if the employee or his representatives have not resolved disagreements with management on their own. If the set period of 3 months was missed for a good reason, it can be restored. The corresponding application is registered in a special journal, where a mark is made on the acceptance and consideration of the dispute, as well as on its content and decision. For the purpose of organizational and technical maintenance, the employer appoints the employee who will keep this journal.
The order of consideration of labor disputes in the commission is democratic. It is carried out at a convenient time outside work and in the presence of the employee. If the latter filed a written application, the dispute may be considered in absentia. If the employee does not appear at the meeting twice in a row without good reason, the application may be withdrawn from consideration. However, the employee will retain the right to apply to the CCC again.
The law does not define a specific procedure for conducting individual labor disputes. Therefore, both parties have the right to make a reasoned challenge to a member of the commission from the beginning of the meeting if members of the CCC vote in favor of this decision. A meeting may be held if at least half of the members of the commission from each of the parties are present. It may be attended by anyone, and anyone can speak out on the circumstances of the dispute.
The issue is resolved by voting. According to Article 388 of the Labor Code of the Russian Federation, a decision is made if a majority of the present members of the CCC cast their votes. It contains the following information:
- Company name.
- Name, specialty and position, profession of the applicant.
- Date.
- The essence of the appeal on labor disputes.
- Name of members of the CCC who are present at the meeting.
- Voting results and reference to the rule of law.
Immediate execution of the decision may also be indicated or within the prescribed time. The document, as a rule, has resolutive and motivating parts. The first is stated in imperative and categorical form. The CCC cannot review it, but it has the right to make an additional decision, for example, if the exact amount to be collected was not initially established. Based on the protocol, the responsible employee must deliver copies of the decision to the applicant and the employer within 3 days.
The parties may appeal the decision within 10 days in court. If this period is missed, this does not serve as a basis for refusing to accept the application. The court has the right to restore the term if there is a good reason, and then consider the case on the merits.
Court proceedings. Nuances
The procedure for considering individual labor disputes in court is governed by articles 391-397 of the Labor Code. Courts, on the one hand, restore the rights that have been violated, and on the other, find the grounds and conditions for violations, carry out preventive measures to prevent them. This authority can make representations to state bodies, organizations of a public type and specific officials that violations, conditions and reasons are eliminated.
In the process of considering labor disputes, the court is guided by the provisions of the TP, GPP, as well as the AP of the Armed Forces in labor matters, for example, the AP of the Armed Forces of the Russian Federation “On some issues of the use of legislation in the resolution of labor disputes by the courts”. The court decides to accept the application for consideration or rejection on the basis of Articles 133 and 134 of the Code of Civil Procedure of the Russian Federation.
Statutes of limitations
The following limitation periods for applying to court are:
- If the issue relates to dismissal, the employee is given 1 month from the moment of delivery of a copy of the order or the issuance of the work book with the corresponding entry. That's all.
- In other disputes, for example, in connection with violations of employment contracts - 3 months from the moment when he learned or should have learned about this misconduct.
- About compensation for material damage that was caused to the company - 1 year.
- On disputes considered in the CCC, 10 days from the date of delivery of a copy of the decision of the commission.
The court does not have the right to refuse to accept the application on the basis of the expiration of a statute of limitations, since this issue is decided at the hearing. The law does not establish reasons that are valid for the restoration of the term. This issue is decided by the court. If the reason is recognized as valid, then the violated right can be defended in court.
Other points when considering a case in court
The plaintiff is directly an employee or a trade union representative. At the same time, there is no need to pay state duty. Upon satisfaction of a claim, for example, on violation of an employment contract, all legal expenses, including a fee, will be recovered from the defendant. In case of refusal, legal expenses are not recoverable. If the organization acts as the plaintiff, then legal costs are paid.
When applying to the court of first instance, the case is considered solely, and in the framework of appeal or supervision, by the chairman and 2 judges.
The plaintiff has the right to change his claims, the subject and the basis of the application, as well as refuse it. When changing the subject and the grounds, a new lawsuit is filed.
The case may end with a settlement. In this case, the court makes a determination by which the proceedings in the case are terminated (the same is carried out when the claim is waived). At the same time, a settlement agreement cannot violate the law, the rights of employees and the interests of the company.
Collective labor disputes
The review procedure is carried out in commissions, as well as in the relevant arbitration. Before exploring the nuances, it is worth understanding the terminology. Collective labor disputes are disagreements between workers and employers that the parties could not resolve on their own. Usually they take place in relation to working conditions or collective agreements. But also arise when the employer refuses to take into account the opinion of the elected body of the union when adopting certain acts in the company.
Such proceedings relate to the establishment of the subjective rights of employees, as well as the obligations of the employer. They cannot arise in relation to disagreements regarding the rights of workers. Representatives of employees and the employer act as subjects in a labor dispute.
These proceedings are resolved by agreement. The main principles are the following:
- The equal rights of the parties.
- Dispute Resolution by consent.
- Credentials of representatives.
- Mandatory performance of the agreement.
- The reality of securing related obligations.
- The minimum amount of regulation of procedural rules.
Collective Dispute Resolution Service
In 1996, a special state agency was formed: the Collective Labor Dispute Settlement Service, which conducts conciliation procedures. This body consists of the Department for the settlement of relevant disputes of the Ministry of Labor and Social Development of the Russian Federation, as well as territorial structures. The activities of the Service are regulated by the Law "On the Procedure for the Resolution of Collective Labor Disputes" No. 175-, other laws and legal acts.
The service is called upon to assist in the settlement of labor disputes, the organization of procedures for reconciliation, and the implementation of measures to resolve disputes. Settlement of disputes is carried out in the process of interaction with employees and employers (or their representatives), state bodies, local authorities. In the process, the service:
- Records labor disputes.
- Checks the credentials of the parties.
- Creates lists of mediators and arbitrators with the parties.
- Prepares proposals to resolve the causes of disputes.
- It provides methodological assistance to the parties at all stages.
- Funds for conciliation.
- It prepares operational data on disputes (strikes by doctors, for example) in regions and measures that are being taken to resolve them.
- Organizes advanced training procedures for labor arbitrators and mediators.
The Service also conducts research activities; studies, summarizes and disseminates the experience of organizing events that prevent such disputes and resolve them.
In this connection, disagreements arise
Disagreements between the parties are resolved through negotiations, for example, between the trade union of health workers and the management of the organization or the transfer of the dispute to a third party. In the agreement being adopted, the parties should be aware that the arrangements are feasible given the resources available. Otherwise, the labor dispute only stops for a while, and then the situation is further exacerbated.
Disputes may arise during negotiations on the conclusion of a collective agreement, when adopting acts on the provisions of TP, due to the requirement to establish or change working conditions for the employer, and so on. The term of the collective labor dispute begins from the moment the protocol of disagreements is drawn up or from the day the employer informs about the refusal of employees' claims.
Workers may make demands at meetings. They are approved in writing and sent to the employer. A copy may immediately be sent to the Service. The employer reviews the requirements and makes a decision within 3 days. If the union makes demands, then the review period is 1 month.
The disagreement between the employer and employees in this case is based on ILO recommendation No. 92, which establishes the following:
- Conciliation bodies are formed to resolve disputes.
- These organs should be mixed.
- They include the same number of representatives from workers and employers.
All agreements reached are recorded in writing and have the same force as the agreements. The parties do not always achieve reconciliation in voluntary negotiations. In such cases, the conflict situation is resolved through labor arbitration. Moreover, both parties must initially recognize the binding decision of this instance.
It turns out that collective disputes can be resolved independently through a conciliation body or through an arbitration court. And first, the parties should try to resolve the dispute on their own or with the help of an intermediary. If this does not succeed, then they turn to labor arbitration.
Mediator
The mediator is an independent participant in the process that facilitates the adoption of an agreement acceptable to both parties. At the same time, he uses his professional experience, psychology, as well as a special technique. The function of a mediator is to assist both parties by participating in a dispute. They may be individuals or associations of persons - collegiums of intermediaries. The mediator is invited only if both parties agree on this issue. He does not make independent decisions, but only offers the parties options for resolving disputes. On their basis, the parties independently make appropriate decisions.
Further development
If the mediator did not help in a conflict situation, labor arbitration is created. It is a temporary body that considers a specific dispute. Then the dispute is considered as part of the arbitration process. Moreover, the decisive importance belongs to a person who is not a representative of the disputing parties. This body is created by the parties and the Service within 3 days after the settlement of the dispute by the conciliation commission or mediator, and then is considered within 5 days. If, as a result of this procedure, the conflict is not resolved, then the workers have the right to strike.
This is doctors or employees of another specialty - the employer does not have the right to dismiss them for participating in such an action. This event is a voluntary refusal of employees to perform their duties on a temporary basis to resolve the dispute. The decision is made by a meeting of doctors organized by the health workers' union.
Conclusion
In the article, we examined the main points regarding individual and collective labor disputes. Chapters 60 and 61 are devoted to them in the Labor Code of the Russian Federation. In addition to this document, these issues are regulated by federal laws and other legal acts. The main principles of the procedure for the consideration of labor disputes, proclaimed in the law, are democracy, simplicity, legality, objectivity, reality and the short deadlines for their consideration.