The resolution of labor disputes
Labour disputes and conflicts, unfortunately, are taking place in our far from perfect society. The resolution of labor disputes should be the labour dispute commissions or in the courts.
It is customary to call a labor dispute the unresolved differences between the employee and the owner (the body authorized by him) of an enterprise or organization that have arisen over the application of labor legislation or the establishment of working conditions for workers. The definition of a labor dispute does not depend on the form of ownership of the enterprise or the form of the contract.
Collective labor dispute is called if a subject has become all of the labor collective or a part thereof. Also the concept of collective labour dispute applies to trade Union bodies. Subject of individual labour disputes concerning individual employee.
The resolution of a labour dispute, whether collective or individual dispute shall be conducted in accordance with the norms of labor legislation. First, the most simple and flexible method of resolving labor disputes is informal talks. With this method, the conflicting parties themselves agree on a compromise. In negotiations, the third, neutral party does not participate, but can contribute to the establishment of a mechanism facilitating contact between the parties to the conflict.
Procedure mediation or conciliation begins if the solution through direct negotiations has not been found. When resolving labor disputes through reconciliation, the neutral side actively encourages both sides of the conflict to seek a compromise.
Another way of settling labour disputes is labor arbitration. If the parties voluntarily and by mutual agreement pass the labor dispute to the board of arbitrators, then such arbitration is called voluntary. If you refer to the procedure of labor arbitration oblige legislative norms, then such arbitration is called compulsory (forced). The parties are bound to comply with the decision of the arbitrators.
In the court of the labor dispute is considered by one of the parties to the dispute, if the party disagrees with the decision of the Commission on labour disputes or by one of the parties, bypassing the Commission on labor disputes.
What is the subject for the resolution of labour disputes in court?
According to the Labour code of the Russian Federation the Commission on labour disputes is obligatory primary body on consideration and resolution of individual labour disputes. However, some labor disputes should be immediately examined in the courts.
So, the court must be considered and dealt with such labor disputes as.
- disputes the statements of judges, prosecutors, investigators
- disputes the statements according to the statements of employees of those enterprises or organizations, where there is no labor dispute Committee
- disputes the statements of employees on reinstatement in work
- disputes the statements of the owners about the workers compensation for material damage caused to the enterprise
- disputes about refusal in employment;
- disputes over the applications of persons who feel they have been subjected to discrimination (racial, gender, etc.).
To appeal to court or labor dispute Committee for resolution of individual labor dispute, the employee is entitled for 3 months from the day he learned or should have learned about the violation of his labor rights. In the event of dismissal disputes, the employee has the right to apply to the court within a month from the day the copy of the dismissal order is received or the work book is received.
For the settlement of labour disputes concerning compensation of the employee for the damages caused to the employer, the employer has the right to file a claim in court within one year from the date of discovery of the damage.
The employee is exempt from payment of state duty and court costs if he applies to the court to resolve a labor dispute over the failure or improper fulfillment by the employer of the terms of the employment contract that are of a civil nature.
The resolution of labor disputes through a referral to a labor dispute commission or to a court is recommended to be carried out only with the exhaustion of the means of peaceful negotiations, since the negotiation mechanism is more flexible and allows finding a solution to a labor dispute faster and more efficiently, avoiding unnecessary red tape and wasting time.