Contradictions between the employee and the manager happen at many enterprises. The subject of such disagreement can be completely different, but there are only a few procedures for resolving it. How is it legal to settle a labor dispute? This will be discussed further.
Individual labor dispute
The Labor Code stipulates the concept of an individual labor dispute. This type of contradiction is a disagreement between the employer and the subordinate regarding the application of laws or other regulations that contain provisions on labor law, a collective or labor contract , etc. In addition, the employee must notify the labor dispute resolution committee of such a problem. To do this, he needs to submit an appropriate application.
The law does not indicate that a labor dispute may arise only between the management and the employee who is the employee of the enterprise. The complaint council may also contact:
- persons who previously had an employment relationship with this organization;
- to citizens who apply for a vacant place in the institution.
Unresolved issues may be the subject of a dispute:
- recovery of damage;
- payment of wages;
- the provision of any benefits;
- other conflict points that directly relate to work.
Lawyers recommend not ignoring their ability to contact the CCC to uphold their legitimate interests.
Collective labor disputes
The consideration of collective labor disputes is carried out in a slightly different order. By definition, such a disagreement is an unresolved claim made by the employer by a group of subordinates (for example, department, workshop) regarding any changes in working conditions, conclusion or implementation of a collective agreement, contract or in connection with the rejection of the director or owner of the organization opinions of the elected body of employees when adopting local (internal) regulatory acts.
Usually a collective labor dispute involves several stages:
1. To begin with, a group of workers who are dissatisfied with working conditions or adopted innovations submits an application to the head of the enterprise. As a rule, this action is performed by a representative selected from the team.
2. The employer has 3 days to consider such a complaint. During this period he must either accept the demands of his subordinates or refuse them. If the director is nevertheless ready for at least some concessions, then he should create a so-called "conciliation" commission. It should consist of both members of the leadership and representatives of the team in equal numbers. The decision of such a group is documented in a protocol.
3. If the parties do not reach an agreement, you can invite a mediator to resolve the problem or consider a claim in labor arbitration.
4. When all of the above actions have not resolved the labor dispute, workers have the right to organize a strike, with a notice to the boss in 10 days.
When can I apply to the court
Consideration of applications from employees in any of the above commissions is a rare occurrence. Many skip this step and go straight to court. If the CCC rejects your application and makes a decision not in your favor, appeal the decision. For this, the law gives 10 days from the date of receipt of the response of the commission. In any case, labor litigation is considered within three months from the date of violation of the rights of the employee.
In conclusion, I would like to wish you not to get into conflict situations and work only for your own pleasure.