Bodies for consideration of individual labor disputes. labor law

Labor disputes are disputes that arise between the subjects of labor relations.

There are two types of labor disputes:

Individual

Collective

Individual labor disputes may be of an action or non-contact nature.

Individual labor disputes of a claim nature arise on issues of violation of law.

Non-contractual labor disputes are disputes about establishing new or changing existing working conditions.

Labor disputes arising between an employee and the administration of an enterprise, institution, organization, regarding the application of legislative and other regulatory acts on labor, a collective agreement and other labor agreements, as well as the terms of an employment agreement (contract) are considered:

Commissions on labor disputes;

District (city) people's courts.

Article 201 of the Labor Code in its new wording introduced fundamental changes in the composition of the bodies considering individual disputes.

Firstly, trade union committees of enterprises were excluded from the composition of these bodies, which, while representing the interests of trade union members, could not, therefore, be objective arbitrators.

Secondly, in full accordance with Art. 32 of the Declaration of the Rights and Freedoms of Man and Citizen and Art. 46 of the Constitution of the Russian Federation, the consideration of labor disputes of certain categories of workers on certain issues by higher authorities in order of subordination was finally eliminated.

The procedure for considering labor disputes is regulated by the Labor Code and other legislative acts, and the procedure for considering cases on labor disputes in district (city) people's courts is determined by the Civil Procedure Code of the RSFSR.

The procedure for considering cases on labor disputes in district (city) people's courts has undergone significant changes. According to the additions made to Art. 113 of the CPC Law of the Russian Federation of May 29, 1992, cases on labor relations, except for reinstatement cases, are in all cases considered by a single judge.

In accordance with Art. 6 of the Code of Criminal Procedure in its new wording, reinstatement cases are considered by the judge alone, if the persons participating in the case do not object to this, or collectively, if any of the persons participating in the case objects to the sole judge before the start of the consideration of the case on the merits. its consideration.

The Labor Disputes Commission is the first instance for the consideration of labor disputes.

Article 203 of the Labor Code:

“The commission on labor disputes is elected by the general meeting (conference) of the labor collective of an enterprise, institution, organization with at least 15 employees.

Candidates who received the majority of votes and for whom more than half of those present at the general meeting (conference) voted are considered elected to the commission.

The procedure for election, the number and composition of the commission, the term of its powers are determined by the general meeting (conference) of the labor collective of the enterprise, institution, organization.

The commission on labor disputes elects from among its members a chairman, deputy chairmen and a secretary of the commission.

By decision of the general meeting (conference) of the labor collective of an enterprise, institution, organization, commissions on labor disputes in subdivisions may be created. These commissions are elected by the teams of subdivisions and act on the same basis as commissions on labor disputes of enterprises, institutions, and organizations. The commissions on labor disputes of subdivisions may consider labor disputes within the powers of these subdivisions.

Previously, the KTS was organized from an equal number of representatives of the trade union committee and the administration.

The procedure for organizing the CCC, provided for in Art. 203 of the Labor Code, is mandatory only for state and municipal enterprises. At enterprises of other forms of ownership, the procedure for organizing pre-trial consideration of labor disputes is determined by the charters of these enterprises.

An employee can apply to the CCC within three months from the day when he learned or should have learned about the violation of his right.

If the deadline is missed for valid reasons, the CCC may restore the deadline and resolve the dispute on the merits.

The application of the employee, received by the commission on labor disputes, is subject to mandatory registration.

It is not allowed to refuse to accept an application for consideration of a labor dispute on the grounds that an employee missed a three-month period. The issue of respectfulness and disrespectfulness, for which the deadline under consideration was missed, should be decided by the CCC at its meeting in the presence of the employee concerned. Having recognized the reasons for missing the statute of limitations as valid, the KTS restores it, if there are no valid reasons, it refuses to satisfy the requirements of the employee.

The log of registration of applications for the consideration of labor disputes received by the CCC is kept in an arbitrary form, but it should be noted in it:

Last name of the applicant;

the subject of the dispute;

Date of receipt of the application;

Date of dispute resolution;

The labor dispute committee is obliged to consider the labor dispute within ten days from the date of filing the application. The dispute is considered in the presence of the employee who submitted the application and a representative of the administration. Consideration of the dispute in the absence of the employee is allowed only upon his written application. If the employee does not appear at the meeting of the commission, the consideration of the application is postponed. In the event of a second non-appearance of an employee without good reason, the commission may decide to withdraw this application from consideration, which does not deprive the employee of the right to submit an application again.

The Labor Disputes Commission has the right to summon witnesses to a meeting, to invite specialists, representatives of trade unions operating at an enterprise, institution, or organization.

At the request of the commission, the administration is obliged to submit the necessary calculations and documents.

The meeting of the commission on labor disputes is considered competent if at least half of the members elected to its composition are present.

The commission on labor disputes makes a decision by a majority of votes of the members of the commission present at the meeting. A member of the commission who does not agree with the decision of the majority is obliged to sign the protocol of the meeting of the commission, but has the right to express his dissenting opinion in it. This opinion must be communicated to the parties.

The decisions of the commission on labor disputes must be motivated and based on the legislation and other normative acts on labor, the collective agreement, agreement or labor contract.

The decision of the CCC must be expressed in a categorical and clear manner. In the decision of the CCC on monetary matters, the exact amount due to the employee must be indicated.

The decisions of the commission within three days from the date of adoption are handed in copies to the employee and the administration.

The decision of the CCC may be reviewed.

If in the process of execution between the parties to the dispute there are disagreements regarding the interpretation, the CCC has the right to issue an additional decision clarifying the first.

It is expedient to hang out the decisions of the CCC in prominent places for the information of the labor collective.

If the commission on labor disputes does not consider the labor dispute within ten days, the employee concerned has the right to transfer its consideration to the district (city) people's court.

The decision of the commission on labor disputes may be appealed by the interested worker or the administration to the district (city) people's court within ten days from the date of delivery of copies of the decision of the commission to them. Missing this deadline is not grounds for refusing to accept an application. Having recognized the reasons for the omission as valid, the court may restore this period and consider the dispute on the merits.

In the district (city) people's courts disputes are considered:

At the request of the employee, the administration or the relevant trade union, when they do not agree with the decision of the CCC.

According to the prosecutor, if the decision of the CCC contradicts the law.

Directly in the district (city) people's courts, labor disputes are considered on applications:

Employees of enterprises, institutions, organizations where labor dispute commissions are not elected;

Employees on reinstatement, regardless of the grounds for termination of the employment contract, on changing the date and wording of the reason for dismissal, on payment for the time of forced absenteeism or performance of lower paid work.

Administration on compensation by employees for material damage caused to an enterprise, institution, organization.

Employees on the application of labor legislation, which, in accordance with the current legislation, was resolved by the administration and the trade union committee of the enterprise, institution, organization (subdivision) within the limits of the rights granted to them.

Directly in the district (city) people's courts, disputes on refusal to hire are also considered:

Persons invited to work in the order of transfer from another enterprise, institution, organization;

Young professionals who graduated from a higher or secondary specialized educational institution, as well as persons who graduated from a vocational educational institution and were sent in the prescribed manner to work at this enterprise, institution, organization;

Other persons with whom the administration of an enterprise, institution, organization, in accordance with the law, is obliged to conclude an employment contract.

Claims of employees in cases of labor disputes are presented at the location of the enterprise.

Claims of the enterprise to employees for compensation by them for material damage caused to the enterprise - at the place of residence of the employee.

An application to the court is submitted within three months from the day when the employee found out or should have found out about the violation of his right, and in cases of dismissal, within a month from the date of delivery of a copy of the dismissal order or from the date the work book was issued.

Let's take a closer look at the issue of illegal dismissal:

In the event of dismissal without a legal basis or in violation of the established procedure for dismissal or illegal transfer to another job, the employee must be reinstated in his previous job by the body considering the labor dispute.

When making a decision on reinstatement at work, the body considering the labor dispute at the same time makes a decision on paying the employee the average earnings for the period of forced absenteeism or the difference in earnings for the time of performing lower-paid work, but not more than for one year.

At the request of the employee, the body considering the labor dispute may limit itself to making a decision on the recovery of the above compensation in his favor and on changing the wording of the grounds for dismissal to dismissal of his own free will.

Also, the sanctions regulated in Art. 214 Labor Code.

Article 214:

“The imposition of liability on an official guilty of illegal dismissal or transfer.

The court imposes on an official guilty of illegal dismissal or transfer of an employee to another job, the obligation to compensate for the damage caused to the enterprise, institution, organization in connection with payment for the time of forced absenteeism or for the time of performing lower-paid work. Such an obligation is imposed if the dismissal or transfer was made with a clear violation of the law, or if the administration delayed the execution of a court decision to reinstate the employee at work.

The amount of compensation for damage cannot exceed three monthly salaries of an official.

The decision to reinstate an employee unlawfully dismissed or transferred to another job, taken by the labor dispute resolution body, is subject to immediate execution.

If the administration of an enterprise, institution, organization delays the execution of a court decision on the reinstatement of an employee who was illegally dismissed or transferred to another job, the court that made the decision to reinstate the employee at work issues a ruling on payment of his average earnings or the difference in earnings for the entire time of delay.

Strict compliance with the requirements of Art. 214 of the Labor Code not only contributes to the compensation of material damage caused by the guilty actions of officials to an enterprise, institution, organization, but also is an effective means of combating illegal dismissals, transfers of workers and employees, cases of delay in the execution of court decisions on reinstatement, as well as a measure to prevent such violations and a guarantee of the real exercise by citizens of Russia of the right to work.

Material damage caused to an enterprise, institution, organization in connection with payment to an employee for the time of forced absenteeism due to the delay by the administration of the execution of a court decision on reinstatement at work is subject to compensation at the expense of the guilty official, whose duties included issuing an order to reinstate the employee and who did not timely fulfilled this duty.

For the administration to apply to the court on the recovery of material damage from the employee, a period of one year is established from the date of discovery of the damage caused.

Collective labor disputes (conflicts) arise between the administration of an enterprise, institution, organization and the labor collective (subdivision of the collective) or the trade union on the issues of establishing new or changing existing working and living conditions, concluding and executing a collective agreement and other agreements. They are in the nature of non-contractual labor disputes.

The procedure for consideration and methods of resolving labor disputes is regulated by the Federal Law "On the procedure for resolving collective labor disputes" of November 23, 1995. This law introduced significant changes and amendments to the USSR Law "On the procedure for resolving collective labor disputes (conflicts)" .

An important step in the issue of resolving labor disputes was the Decree of the Government of the Russian Federation of April 15, 1996 "On the Service for the Settlement of Collective Labor Disputes." It documents all the powers and purposes for which the Collective Dispute Resolution Service was established.

The Service for the Settlement of Collective Labor Disputes is a state body that facilitates the resolution of collective labor disputes by organizing and participating in conciliation procedures.

The Service in its activities is guided by the Constitution of the Russian Federation, the Federal Law "On the procedure for resolving collective labor disputes", other federal laws, acts of the President of the Russian Federation, decisions of the Government of the Russian Federation and these Regulations.

The main tasks of the service are to promote the settlement of collective labor disputes, organize conciliation procedures and participate in them, and implement measures to prevent and resolve collective labor disputes.

Service in accordance with the tasks assigned to it:

Organizes work on the settlement of collective labor disputes in cooperation with representatives of employees and employers, state authorities and local governments, using all the possibilities provided for by the legislation of the Russian Federation to resolve collective labor disputes that have arisen;

Carries out notification registration of collective labor disputes;

Checks, if necessary, the powers of representatives of the parties to the collective labor dispute;

Forms lists of mediators and labor arbitrators for consideration of collective labor disputes, determines the procedure for inviting a mediator by the parties to a collective labor dispute or appointing him as a service if the parties do not reach an agreement on the candidacy of the mediator;

Participates, together with the parties to collective labor disputes, in the creation of labor arbitrations, in the formation of their composition, in determining the rules and powers;

Approves the composition of the labor arbitration in case of disagreement of one of the parties with the proposed composition;

Identifies the causes and conditions for the emergence of collective labor disputes, prepares proposals for their elimination;

Provides methodological assistance to the parties at all stages of resolving collective labor disputes;

Organizes the financing of conciliation procedures in accordance with the established procedure;

Prepares up-to-date information on collective labor disputes (strike) in the regions of the Russian Federation and measures taken to resolve them;

Organizes work on the selection and advanced training of employees of the service, as well as on the training and advanced training of mediators and labor arbitrators specializing in resolving collective labor disputes;

Develops proposals for conducting research work on the problems of settling collective labor disputes;

It studies, generalizes and disseminates domestic and foreign experience in organizing work on the prevention and settlement of collective labor disputes, publishes an information bulletin.

Employees of the service may, in accordance with the established procedure, be involved in the performance of work as an expert, mediator or labor arbitrator in the conduct of conciliation procedures for the settlement of collective labor disputes.

Lecture 8 Labor disputes

Labor disputes- these are disagreements that arise at enterprises, in institutions, organizations between employees ( a team of employees of a structural unit or enterprise as a whole), on the one hand, and by the employer, on the other, on issues related to the application of labor legislation, collective, labor contracts; internal labor regulations, regulations or the establishment of new or changes in existing working conditions.

The first category is litigation disputes. The subject of such a dispute is the requirement of the employee ( or groups of workers) on the restoration or recognition of individual labor rights, which ( actually or according to his assumption) are violated by the employer. The party arguing with the employer is either an individual employee or several specific employees. For example, a dispute that arose between employees and the administration of an enterprise over non-payment of wages does not belong to the number of collective labor disputes regulated by the Federal Law "On the procedure for resolving collective labor disputes" ( Determination of the Supreme Court of the Russian Federation in case No. 48G96-7 of October 16, 1996).

Among the causes of labor disputes are the following:

1. organizational and legal reasons. These include gaps in legislation, different interpretations of certain legal norms, etc.;

2. reasons of a subjective nature. The most common are such as bureaucracy of enterprise managers, departmental interests, ignorance of labor legislation by both representatives of the administration and employees;

3. organizational and economic reasons ( shortcomings in the organization of labor, the practice of material and moral incentives, the need to resolve socio-economic issues in production).

Individual labor disputes are considered in the general manner: 1. by labor dispute commissions ( KTS). KTS- this is the primary body for the consideration of labor disputes at enterprises, institutions, organizations, with the exception of disputes for which a different procedure for their consideration is established. The committee is elected by the general meeting ( conference) the labor collective of the enterprise with at least 15 employees. Candidates for whom more than half of the employees present at the general meeting voted for are considered elected to the KTS. The procedure for election, the number and composition of the CCC, the term of its powers are determined by the general meeting. Further, the CCC elects a chairman, a vice-chairman and a secretary from among its members.

A labor dispute is considered in the CCC if, during negotiations with the administration, the employee could not resolve the disagreements that had arisen. The latter has the right to apply to the CCC within 3 months from the day when he found out or should have found out about the violation of his right. The application of the employee is subject to mandatory registration.

The labor dispute committee is obliged to consider the labor dispute within ten days. The dispute is considered in the presence of the employee who submitted the application, representatives of the administration. Consideration of the dispute in the absence of the employee is allowed only upon his written application.

The meeting of the commission on labor disputes is considered competent if at least half of the members elected to its composition are present.

At the meeting of the commission on labor disputes, a protocol is kept, which is signed by the chairman or deputy chairman of the commission.

The commission on labor disputes has the right to call witnesses to the meeting, invite specialists, representatives of trade unions and other public organizations. At the request of the commission, the administration of an enterprise, institution, organization ( divisions) is obliged to submit the necessary calculations and documents.

The commission on labor disputes makes a decision by a majority vote of the members of the commission present at the meeting. The decision shall indicate: the name of the enterprise, institution, organization ( divisions); surname, name, patronymic of the employee who applied to the commission; date of application to the commission, date of consideration of the dispute, substance of the dispute; the names of the members of the commission, representatives of the administration and the trade union committee who were present at the meeting; voting results and a reasoned decision of the commission.

Copies of the decision of the commission within three days from the date of the decision are handed over to the employee and the administration of the enterprise.

The decision of the commission on labor disputes can be appealed by the interested employee or the administration to the district ( urban) the court within ten days from the date of delivery of copies of the commission's decision to them.

The decision of the CCC is subject to execution within 3 days after the expiration of 10 days provided for its appeal. In case of non-execution of the decision within the prescribed period, the employee is issued a certificate having the force of a writ of execution, which is enforced by the bailiff-executor forcibly. The certificate is not issued if the employee or the administration applies to the court;

2. district ( urban) courts ( Art. 210-217 RF Labor Code). Directly in the district ( urban) courts consider disputes on applications:

1. employees of enterprises where CCCs are not elected or have not been created for any reason;

2. employees about reinstatement at work, regardless of the grounds for termination of the employment contract ( contract);

3. administration on compensation by the employee for material damage in excess of his average monthly earnings.

Also directly in the courts are considered disputes on refusal to hire:

1. persons invited by way of transfer from another enterprise, institution, organization;

2. young professionals sent to work at this enterprise after graduating from a higher or secondary educational institution in the prescribed manner;

3. other persons with whom the administration, in accordance with the law, was obliged to conclude an employment contract ( the contract). According to Art. 170 of the Labor Code of the Russian Federation, it is prohibited to refuse employment for reasons related to the presence of children, and women also for reasons related to pregnancy.

As a second instance, district ( urban) courts consider labor disputes on the basis of an application:

1. an employee, the administration or the relevant trade union protecting the interests of an employee who is a member of this trade union, when they do not agree with the decision of the labor dispute committee;

2. the prosecutor, if the decision of the commission on labor disputes is contrary to the law.

To file an application for consideration of a labor dispute directly to the district ( urban The court has set the following deadlines:

1. in cases of dismissal - one month from the date of delivery of a copy of the order or work book to the employee;

2. in cases of recovery from employees of material damage caused to the enterprise - one year from the date of discovery of the damage caused.

An application for the resolution of other categories of labor disputes is submitted to the district ( urban) the court within three months from the day when the employee found out or should have found out about the violation of his right.

Article 70

1) commission of the state body on service disputes;

2. The procedure for considering service disputes in service dispute resolution bodies is governed by this Federal Law and other federal laws, and the procedure for considering cases on service disputes in courts is also determined by the civil procedural legislation of the Russian Federation.

3. The commission of the state body on official disputes (hereinafter referred to as the commission on official disputes) is formed by the decision of the representative of the employer from an equal number of representatives of the elected trade union body of this state body and the representative of the employer.

4. Representatives of the elected trade union body of this state body are elected to the commission on official disputes at the conference of civil servants of the state body. Representatives of the representative of the employer are appointed to the commission on service disputes by the representative of the employer.

5. The Commission on official disputes has its own seal. Organizational and technical support for the activities of the commission on official disputes is carried out by a state body.

6. The commission on service disputes elects the chairman and secretary of the commission from among its members.

7. An official dispute is considered by the commission on official disputes if the civil servant, on his own or with the participation of his representative, did not resolve the differences in direct negotiations with the representative of the employer.

1) about unlawful refusal to enter the civil service;

2) on written statements of civil servants who believe that they have been subjected to discrimination.

16. In cases of dismissal from a substituted civil service position and dismissal from the civil service on grounds not provided for by this Federal Law, or in violation of the established procedure for exemption from a substituted civil service position and dismissal from the civil service, or in the event of illegal transfer to another civil service position the court has the right, upon a written application of a civil servant, to make a decision on compensation in monetary terms for the moral damage caused to him. The amount of compensation is determined by the court.

17. Terms of applying to the court for consideration of a service dispute and the procedure for exempting civil servants from court costs, the procedure for making decisions on official disputes related to the release from a substituted civil service position and dismissal from the civil service, transfer to another civil service position without the consent of a civil servant , the procedure for satisfying the monetary claims of civil servants, the execution of decisions on the reinstatement in a previously occupied civil service position and the limitation of the reverse recovery of amounts paid by decision of the authorities for the consideration of service disputes, are established by federal law.

Individual labor disputes are considered by labor dispute commissions and courts. Disagreements between the subjects of an employment relationship on the application by the employer of labor legislation or a labor agreement that have not been settled by the employer and the employee are resolved by the jurisdictional bodies: the CCC and the court within the limits of the rights granted to them.

The question of where a specific individual labor dispute should be resolved - in a labor dispute commission or in court, is determined in accordance with their jurisdiction.

The jurisdiction of labor disputes is the distribution of competence for resolving them between bodies endowed with the right to consider labor disputes and make legally binding decisions for their subjects. The correct definition of the jurisdiction of a particular labor dispute plays a large practical role, since the resolution of the dispute by an incompetent body has no legal force and cannot be enforced.

By jurisdiction, all labor disputes can be divided into the following:

In general, when CCC is a mandatory primary stage, after which the dispute may go to court;

Directly in court, bypassing the KTS.

Assigning a labor dispute to one of the above groups means that other bodies are either not authorized to consider this dispute, or can consider it only after it was initially considered by the CCC.

The Constitution of the Russian Federation establishes the obligation of the state and law enforcement agencies to protect the rights of workers. Therefore, every employee, if he considers his labor rights violated, has the right to qualified legal assistance and, above all, to judicial protection. The protection of the labor rights of subjects of labor relations is the means and methods established by the state and enshrined in legal acts by which the protection of labor rights and legitimate interests provided for by legislation, agreements and labor contracts is carried out. This also includes the forced restoration of subjective labor rights by labor dispute resolution bodies and special executive bodies, as well as compensation for material damage and compensation for moral damage in the amount determined by law and other regulatory legal acts.

The protective function of labor legislation and dispute resolution bodies includes the entire set of measures to prevent, prevent and eliminate the causes that give rise to a violation of the labor rights of employees and the responsibility of the heads of the organization (disciplinary, material, administrative and criminal) for the guilty violation of labor legislation and non-compliance with decisions of jurisdictional bodies issued after the trial of a labor dispute.

If the labor dispute is individual, then its nature is established: on the application of labor legislation or on the introduction of new working conditions by agreement of the subjects of the employment contract; then it is determined from which legal relationship it (the dispute) follows.

An individual dispute on the establishment of new working conditions is not under the jurisdiction of either the CCC or the court, although it arose from an employment relationship. Disputes from legal relations closely related to employment are also outside the jurisdiction of the CCC and the court, for example, disputes about the application of employment legislation or legislation on pensions and benefits, because these relations are regulated by the law of social security.

The established procedure for considering individual labor disputes, including their jurisdiction, does not deprive the employee of the right to apply to a higher authority in the order of subordination or to the court with a complaint against the actions (inaction) of a particular head of the organization. The employee has the right to appeal against the illegal actions of the employer to other bodies, for example, to the prosecutor's office, the federal labor inspectorate and other structures that oversee and control compliance with labor laws and labor protection.

It is also necessary to take into account the effect on the territory of the Russian Federation of the Law on justices of the peace.

Labor disputes on the application of labor legislation and other labor regulations, collective agreements, agreements are considered by: 1) labor dispute commissions; 2) courts of general jurisdiction, as well as justices of the peace. The obligatory out-of-court procedure for consideration and resolution of a labor dispute is established in the cases specified by labor legislation and the Code of Civil Procedure.

Jurisdiction for labor disputes is an institution of civil procedural and labor law. Therefore, the procedure for considering a labor dispute depends on its nature and the subjects of the dispute, as well as on the type of legal relationship.

Determining the jurisdiction of a specific labor dispute plays a practical role, since a decision made on a dispute by an unauthorized body has no legal force and cannot be enforced.

To determine the jurisdiction of a labor dispute means to establish a jurisdictional body that is authorized to examine a specific labor dispute and make a decision on it that is binding on the parties. So, KTS is subordinate to all individual labor disputes of a claim nature, with the exception of those that can be resolved directly in court.

KTS is subordinated to: disputes about the recovery of wages and about its amount, about the application of disciplinary sanctions, etc.

The CCC of a structural subdivision, organization can only consider labor disputes within the powers of this subdivision, organization.

The procedure for considering a labor dispute is dictated by its nature. For example, a dispute over the recognition of a disciplinary sanction as illegal is resolved by the CCC, and a labor dispute over illegal dismissal for a systematic violation of labor discipline is resolved directly in court. This means that according to the content of the labor dispute, it is possible to determine its jurisdiction, namely, in which initially jurisdictional body the labor dispute should be considered - initially in the CCC, and then in court, or directly in court.

At the first stage, the labor dispute should be resolved between the subjects of the labor contract by mutual agreement of its parties. Only in the event that the disagreements between the subjects of the labor relationship have not been resolved either through their direct negotiations or with the participation of representatives of the elected trade union body, the parties to the dispute can seek the help of the jurisdictional body for the protection of the violated, in their opinion, subjective labor right . An individual labor dispute arises, which from that moment is a legal fact that gives rise to a civil procedural legal relationship to consider a labor dispute. Sometimes it replaces the labor relationship, sometimes it exists along with it.

Features in determining the jurisdiction of labor disputes are established for certain categories of workers, namely for civil servants. They are subject to labor legislation, with exceptions established Law on public service. Their disputes on issues of dismissal, transfer to another job, imposition of disciplinary sanctions may be considered by a higher body or court.

The main regulatory acts that determine the procedure for considering labor disputes are the Labor Code, GPC.

When considering labor disputes, jurisdictional bodies (CCC, court) apply not only the norms of labor legislation, but also the norms of civil procedural legislation (Articles 3-6, 17, 25, 39, 80, 126, 141, 197, 210, 407 of the Code of Civil Procedure ).

Of great importance for the uniform application of legislation in the consideration of individual labor disputes are the guiding resolutions of the Plenum of the Supreme Court of the Russian Federation. So, Fast. Plenum of the Armed Forces of the Russian Federation of December 22, 1992 No. 16 gives clarifications on the application of the rules on the admission, transfer and dismissal of workers, as well as on the jurisdiction of labor disputes, Resolution of the Plenum of the Supreme Council of the RSFSR dated December 25, 1990 No. 6 “On Certain Issues Arising in the Application of the Legislation Regulating the Labor of Women by the Courts” Collection resolutions of the Plenum of the Supreme Court of the Russian Federation. 1961-1996. M., 1997. S. 100 provides the correct resolution of this category of labor disputes. There are also resolutions of the Plenum of the Armed Forces of the Russian Federation concerning the labor of youth, compensation for moral damage, etc.

Individual labor dispute - unsettled disagreements between an employer and an employee on the application of labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, an agreement, a local regulatory act, an employment contract (including the establishment or change of individual working conditions), about which it is declared in body on consideration of individual labor disputes.

An individual labor dispute is a dispute between an employer and a person who previously had an employment relationship with this employer, as well as a person who has expressed a desire to conclude an employment contract with the employer, if the employer refuses to conclude such an agreement.

Article 382. Bodies for the consideration of individual labor disputes

Individual labor disputes are considered by labor dispute commissions and courts.

Article 383. Procedure for consideration of labor disputes

The procedure for considering individual labor disputes is regulated by this Code and other federal laws, and the procedure for considering cases on labor disputes in courts is determined, in addition, by the civil procedural legislation of the Russian Federation.

Features of consideration of individual labor disputes of certain categories of employees are established by this Code and other federal laws.

(as amended by Federal Law No. 13-FZ of February 28, 2008)

Article 384. Formation of labor dispute commissions

Labor dispute commissions are formed at the initiative of employees (representative body of employees) and (or) the employer (organization, individual entrepreneur) from an equal number of representatives of employees and the employer. An employer and a representative body of employees who have received a written proposal to set up a labor dispute commission are obliged to send their representatives to the commission within ten days.

(part one as amended by Federal Law No. 90-FZ of 30.06.2006)

Representatives of the employer to the commission on labor disputes are appointed by the head of the organization, the employer - an individual entrepreneur. Representatives of employees to the commission on labor disputes are elected by the general meeting (conference) of employees or delegated by the representative body of employees with subsequent approval at the general meeting (conference) of employees.

By decision of the general meeting of employees, labor dispute commissions may be formed in structural subdivisions of the organization. These commissions are formed and operate on the same basis as the commissions on labor disputes of the organization. In the commissions on labor disputes of the structural divisions of organizations, individual labor disputes may be considered within the powers of these divisions.

The Labor Disputes Commission has its own seal. Organizational and technical support for the activities of the commission on labor disputes is carried out by the employer.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The commission on labor disputes elects from among its members a chairman, a deputy chairman and a secretary of the commission.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 385. Competence of the commission on labor disputes

The Labor Disputes Commission is a body for the consideration of individual labor disputes, with the exception of disputes for which this Code and other federal laws establish a different procedure for their consideration.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

An individual labor dispute is considered by a labor dispute commission if the employee, on his own or with the participation of his representative, has not settled the differences during direct negotiations with the employer.

Article 386

An employee may apply to a labor dispute committee within three months from the date on which he learned or should have known about the violation of his right.

If the deadline is missed for valid reasons, the labor dispute commission may restore it and resolve the dispute on the merits.

Article 387

The employee's application received by the commission on labor disputes is subject to mandatory registration by the said commission.

The Labor Disputes Commission is obliged to consider an individual labor dispute within ten calendar days from the date the employee submits an application.

The dispute is considered in the presence of the employee who submitted the application, or a representative authorized by him. Consideration of the dispute in the absence of the employee or his representative is allowed only upon a written application of the employee. If the employee or his representative fails to appear at the meeting of the specified commission, the consideration of the labor dispute is postponed. In the event of a second non-appearance of an employee or his representative without good reason, the commission may decide to withdraw the issue from consideration, which does not deprive the employee of the right to file an application for consideration of a labor dispute again within the period established by this Code.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The Labor Disputes Commission has the right to summon witnesses to the meeting and invite specialists. At the request of the commission, the employer (his representatives) is obliged to submit the necessary documents to the commission within the time period established by the commission.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

A meeting of a labor dispute committee shall be considered competent if at least half of the members representing employees and at least half of the members representing the employer are present.

At a meeting of the commission on labor disputes, a protocol is kept, which is signed by the chairman of the commission or his deputy and certified by the seal of the commission.

Article 388

The commission on labor disputes makes a decision by secret ballot by a simple majority of votes of the members of the commission present at the meeting.

The decision of the commission on labor disputes shall indicate:

the name of the organization or the surname, name, patronymic of the employer - an individual entrepreneur, and in the case when an individual labor dispute is considered by the commission on labor disputes of the structural unit of the organization - the name of the structural unit, surname, name, patronymic, position, profession or specialty of the employee who applied to the commission ;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

dates of application to the commission and consideration of the dispute, the substance of the dispute;

surnames, names, patronymics of the members of the commission and other persons present at the meeting;

Copies of the decision of the commission on labor disputes, signed by the chairman of the commission or his deputy and certified by the seal of the commission, are handed over to the employee and the employer or their representatives within three days from the date of the decision.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 389. Execution of decisions of the labor dispute commission

The decision of the commission on labor disputes is subject to execution within three days after the expiration of the ten days provided for appeal.

In case of non-execution of the decision of the commission on labor disputes within the prescribed period, the specified commission issues a certificate to the employee, which is an executive document. An employee may apply for a certificate within one month from the date of the decision of the labor dispute commission. If the employee misses the specified period for valid reasons, the labor dispute commission may restore this period. The certificate shall not be issued if the employee or the employer has filed an application for the transfer of the labor dispute to the court within the prescribed period.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

Based on the certificate issued by the labor dispute commission and presented no later than three months from the date of its receipt, the bailiff enforces the decision of the labor dispute commission by force.

If an employee misses the established three-month period for valid reasons, the labor dispute commission that issued the certificate may restore this period.

Article 390

If an individual labor dispute is not considered by the labor dispute commission within ten days, the employee has the right to transfer its consideration to the court.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The decision of the commission on labor disputes may be appealed by the employee or the employer to the court within ten days from the date of handing him a copy of the decision of the commission.

If the deadline is missed for valid reasons, the court may restore this deadline and consider the individual labor dispute on the merits.

Article 391. Consideration of individual labor disputes in courts

The courts consider individual labor disputes based on applications from the employee, the employer or the trade union protecting the interests of the employee, when they do not agree with the decision of the labor dispute commission or when the employee goes to court, bypassing the labor dispute commission, as well as on the application of the prosecutor, if the decision commissions on labor disputes does not comply with labor legislation and other acts containing labor law norms.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Individual labor disputes are considered directly in the courts on the basis of applications:

of the employee - on reinstatement at work, regardless of the grounds for termination of the employment contract, on changing the date and wording of the reason for dismissal, on transferring to another job, on payment for the time of forced absenteeism or on the payment of the difference in wages for the time of performing lower-paid work, on illegal actions ( inaction) of the employer in the processing and protection of personal data of the employee;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

employer - on compensation by the employee for damage caused to the employer, unless otherwise provided by federal laws.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Individual labor disputes are also considered directly in the courts:

about refusal to hire;

persons working under an employment contract for employers - individuals who are not individual entrepreneurs, and employees of religious organizations;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

individuals who believe they have been discriminated against.

Article 392

On the refusal to accept for consideration a complaint about a violation of constitutional rights by the provision of the first part of Article 392 due to the fact that the complaint does not meet the admissibility requirements, and the resolution of the issue raised in it is beyond the jurisdiction of the Constitutional Court of the Russian Federation, see the rulings of the Constitutional Court of the Russian Federation dated 12.07.2005 N 312-O and dated December 20, 2005 N 482-O.

The employee has the right to apply to the court for resolution of an individual labor dispute within three months from the day when he learned or should have learned about the violation of his right, and for disputes about dismissal - within one month from the date of delivery of a copy of the dismissal order to him or from date of issue of the work book.

The employer has the right to apply to the court for disputes on compensation by the employee for damage caused to the employer within one year from the date of discovery of the damage caused.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

If, for valid reasons, the deadlines established by the first and second parts of this article are missed, they may be restored by the court.

Article 393. Release of employees from legal expenses

When applying to the court with a claim on claims arising from labor relations, including non-fulfillment or improper fulfillment of the terms of an employment contract that are of a civil law nature, employees are exempted from paying duties and court costs.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 394

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

If the dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute.

The body considering an individual labor dispute makes a decision to pay the employee the average earnings for the entire period of forced absenteeism or the difference in earnings for the entire period of performing lower-paid work.

At the request of the employee, the body considering an individual labor dispute may limit itself to making a decision on the recovery in favor of the employee of the compensation specified in part two of this article.

If the dismissal is recognized as illegal, the body considering the individual labor dispute may, at the request of the employee, decide to change the wording of the grounds for dismissal to dismissal of their own free will.

If the wording of the grounds and (or) the reason for dismissal is recognized as incorrect or not in accordance with the law, the court considering an individual labor dispute is obliged to change it and indicate in the decision the grounds and reason for dismissal in strict accordance with the wording of this Code or other federal law with reference to the relevant article , part of an article, paragraph of an article of this Code or other federal law.

If the dismissal is declared illegal, and the term of the employment contract for the time the dispute is considered by the court has expired, then the court considering the individual labor dispute is obliged to change the wording of the grounds for dismissal to dismissal after the expiration of the employment contract.

If, in the cases provided for by this article, after declaring the dismissal illegal, the court decides not to reinstate the employee, but to change the wording of the grounds for dismissal, then the date of dismissal must be changed to the date of the decision by the court. In the event that by the time the said decision is made, the employee, after the disputed dismissal, has entered into an employment relationship with another employer, the date of dismissal must be changed to the date preceding the day the employee began working for this employer.

If the incorrect wording of the grounds and (or) reasons for dismissal in the work book prevented the employee from entering another job, then the court decides to pay the employee average earnings for the entire period of forced absenteeism.

In cases of dismissal without legal grounds or in violation of the established procedure for dismissal or illegal transfer to another job, the court may, at the request of the employee, make a decision to recover in favor of the employee monetary compensation for moral damage caused to him by these actions. The amount of this compensation is determined by the court.

Article 395. Satisfaction of monetary claims of an employee

If the body considering an individual labor dispute recognizes the employee's monetary claims as justified, they are satisfied in full.

Article 396. Execution of decisions on reinstatement at work

The decision on the reinstatement of an illegally dismissed employee at work, on the reinstatement of an employee illegally transferred to another job at the previous job, is subject to immediate execution. If the employer delays the execution of such a decision, the decision-making body issues a ruling on payment to the employee for the entire time of the delay in the execution of the decision of the average earnings or the difference in earnings.

Article 397

The reverse recovery from the employee of the amounts paid to him in accordance with the decision of the body for the consideration of an individual labor dispute, when the decision is canceled by way of supervision, is allowed only in cases where the canceled decision was based on false information provided by the employee or forged documents submitted by him.