Individual labor disputes. Procedure for consideration and decision. General rules for resolving labor disputes by courts Labor dispute between employee and employer

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Who handles individual disputes between an employee and an employer?

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Where are labor disputes heard?

In resolution labor disputes The protective function of trade unions should be intensified at all levels and especially at the organizational level. Trade unions and legal services should promote labor legislation and train workers to “fight culturally for the rule of law.”

They can participate in the settlement of collective labor disputes. Trade unions have the right to organize and conduct strikes, street marches, demonstrations, picketing and other collective actions, using them as a means of protecting the social and labor rights and interests of workers.
labor dispute strike court A strike is a temporary voluntary refusal of workers to perform labor responsibilities(in whole or in part) for the purpose of resolving a collective labor dispute. It is an extreme, exceptional measure to resolve a labor dispute.

Which court hears labor disputes and within what time frame?

Labor disputes between employees and employers The emergence of labor disputes is usually preceded by labor violations in the labor sphere. A labor offense is the culpable failure or improper fulfillment by an obligated subject of his labor duties in the sphere of labor and distribution, and, consequently, a violation of the rights of another subject of a given legal relationship.

Attention

If the actions of the obligated subject were legal, and the other subject considers them unlawful, then a labor dispute may also arise here, although there is no offense. The presence of a labor offense is established by the body considering the labor dispute, which is called jurisdictional.

According to the legal relations that gave rise to the dispute, they can be divided into:

Labor relations;
Indirect disputes related to employment issues;
Disputes arising from control and supervision of compliance with labor legislation;
Issues of training and advanced training;
On compensation by the enterprise for harm (moral, material, physical) caused to an employee;
Disputes between employers and trade unions;
Disputes between the administration of the organization and labor collective;
Issues of social partnership agreements.

Depending on each of the above circumstances, it will depend on who is considering the labor dispute in a given situation.

Labor disputes between employees and employers

Only supreme courts republics that are part of Russian Federation, territories, regions and cities of federal significance, autonomous regions and districts are entitled to consider issues of the legality of a strike in cases of labor disputes of a collective nature (Part 4 of Article 413 of the Labor Code of the Russian Federation). Cases on labor disputes, considered by the judicial authorities Art.
382 of the Labor Code of the Russian Federation determines that bodies that can help resolve disagreements in the process labor activity recognized: a commission created in an organization specifically to consider labor disputes and a court. If the decision taken by the CCC does not suit the applicant for permission controversial situation employee, within 10 days after receiving a copy of the document, it can be appealed to a court of appropriate jurisdiction. Moreover, contacting the CTS is not mandatory.

Individual labor disputes. procedure for consideration and decision

The resolution of a collective labor dispute is an even more dangerous situation for the employer, because he will have to prove his case before the commission by listening to the accusations of not one, but several workers, and according to the Labor Code, it is the employer who is obliged to use any methods (so-called “conciliation procedures”) to prevent an impending conflict. None of the parties to a collective labor dispute has the right to evade participation in conciliation procedures.

A conciliation commission is created within three working days from the date of the start of a collective labor dispute, from representatives of its parties on an equal basis. The decision to create a conciliation commission when resolving a collective labor dispute with a particular employer is formalized by an appropriate order (instruction) of the employer and a decision of the employee representative.

Which court hears labor disputes?

If a conflict arises at your company related to the application of labor legislation, collective agreement or labor contract, You should know that such labor disputes are considered by: the labor dispute department, which considers individual labor disputes; conciliation commissions considering collective labor disputes; mediators handling collective labor disputes; labor arbitrations considering collective labor disputes; service for the settlement of collective labor disputes, assisting in resolving collective labor disputes by organizing conciliation procedures and participating in them; courts.

Labor disputes and the procedure for their resolution

Regarding issues of remuneration for defective products, incomplete performance of duties or forced downtime;
About the procedure for paying overtime, calculating compensation for work performed on non-working days specified in the law;
On payment for work requiring different qualifications or a combination of specialties, or substitution - this paragraph does not fall within the competence of the commission if it implies a change in the tariff difference between grades;
About returns Money that were withheld from wages employee to compensate for damage caused to the employer;
Regarding the right to receive and directly the amount of bonuses;
About the provision of planned vacations, their payment and payment of material resources as compensation for unused vacation.

Where individual labor disputes between an employee and an employer are considered

The decision is entrusted to various bodies, of which the subjects whose activities are regulated by law are labor dispute commissions, or the CCC, as well as directly district or other courts. General procedure applies to the majority of disputes that arise and implies an initial appeal to the CCC, and if it is impossible to resolve the issue with the help of the CCC, an appeal of the commission’s decision to judicial procedure.
However, there are a number of aspects of labor relations, disputes regarding which are carried out exclusively in court, without recourse to the commission. On the consideration of labor disputes in the Labor Dispute Commission, labor dispute commissions are created in accordance with the law, both at the initiative of the employee and at the request of the employer. The number of employees in the CTS must always be at least half; they must be elected directly by the employees of the enterprise.

When performing work duties, an employee has the right to protect his labor rights, freedoms and legitimate interests, using all methods and procedures not prohibited by law. At the same time, the Constitution of the Russian Federation (Article 37) and labor legislation recognizes the employee’s right to resolve individual and collective labor disputes using the methods for resolving them established by federal law, including the right to strike.

The procedure for consideration between the employee and the employer is established Ch. 60 Labor Code of the Russian Federation. And the procedure for permission is provided Ch. 61 Labor Code of the Russian Federation and is called “conciliation procedures”, while workers have the right to strike. The right to strike is granted by Art. 37 of the Constitution of the Russian Federation and is regulated by Art. 409-415 Labor Code of the Russian Federation.

- these are disagreements between the employer (or his representatives) and the employee (employees) on issues of regulation of labor relations, submitted to the permission of a special jurisdictional body.

Disagreement- this is a different assessment of the situation by the interacting parties.

The cause of a labor dispute is usually labor violations or, in some cases, honest misconception about the existence of an offense.

Classification and types of labor disputes

All labor disputes can be classified on various grounds.

Types of labor disputes by disputing subjects:

individual labor disputes - when they affect the interests of individual workers;
collective labor disputes - when the interests of the entire workforce are affected (for example, the employer’s failure to comply with a collective labor agreement) or part of it (a separate structural unit).

Types of labor disputes in legal relations from which they arise (follow from the subject of labor law):

1. labor disputes arising as a result of violation of labor relations (for example, non-payment of wages, illegal dismissal, delay in issuing work book and etc.);

2. labor disputes arising from violations of relations directly related to labor, i.e.:

arising from a violation of relations in the organization and management of labor. For example, an employer requires compliance with labor standards that are not provided technological process, or requires that workers complete all production tasks at a pace exceeding the normal speed of task execution, or does not release the employee from work until he completes the production task, etc., and employees in a jurisdictional manner recognize these requirements as unlawful;
arising from a violation of the employment relationship with a given employer. For example, an illegal refusal to hire can be appealed in court;
arising due to a violation of social-partner relations. For example, an employer does not comply with a collective agreement and the employee demands compliance with its provisions in court. Typically, such violations lead to a collective labor dispute, but each employee can defend their interests individually;
arising due to a violation of relations regarding the participation of employees (their representative bodies) in the management of the organization. For example, an employer adopts local regulations without agreement with the primary trade union organization;
arising from a breakdown in relationships vocational training, retraining and advanced training with this employer. For example, an employer requires an employee to pay for his training or establishes probation after successful training;
arising due to a violation of relations regarding the material liability of the parties to the employment contract. For example, an employer, in violation of labor laws, recovers from an employee full damages that exceed his average salary, by his own order;
arising from a violation of supervisory and control relationships. Thus, the employer and employee can appeal the illegal application of administrative measures for violation of labor safety standards, and the parties can also appeal the accident investigation report if they do not agree with its contents and conclusions;
arising due to a violation of relations for resolving labor disputes. For example, a party that does not agree with the decision of the labor dispute commission appeals its decision to the court, and the employer can also declare the strike illegal in court;
arising from a violation of mandatory relations social insurance. For example, an employer refuses to pay an employee for two days of sick leave, although by law the first three days are paid at the expense of the employer, and the employee is forced to contact the CTS.

Types of labor disputes by the nature of the dispute:

disputes regarding the application of labor legislation. Including disputes regarding the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the employer’s refusal to take into account the opinion of the representative body of employees);
disputes about establishing or changing existing working conditions.

Types of labor disputes on the subject of the dispute:

disputes regarding the recognition of a right violated by the other party to the employment contract;
disputes regarding the award of payments and damages.

Types of labor disputes according to the method of their resolution:

claim disputes;
non-claim disputes.

Litigable disputes include disagreements arising in connection with the application of regulations, contracts, and labor agreements. In the course of their resolution, the employee seeks restoration or recognition of a specific right for him, i.e., brings a claim. Disputes of a claim nature, as a rule, are individual. Individual labor disputes of a claim nature are considered by labor dispute commissions, courts, and higher authorities, therefore, from the point of view of jurisdiction, three types of proceedings are distinguished. Disputes of a non-litigious nature include disagreements arising in connection with changes in existing or establishment of new working conditions. Collective labor disputes are always non-litigious in nature and therefore are resolved in a special procedural form.

Types of bodies capable of resolving a labor dispute

Types of bodies that can resolve disagreements between participants in relations in the world of work.

The choice of a jurisdictional body capable of resolving a conflict between participants in labor relations largely depends on the nature of the dispute and its causes. A higher-level organization (or a ministry, if the enterprise has departmental subordination) can resolve the conflict if the higher-level organization has the authority to change the decisions of the lower-level organization or give binding instructions. The dispute can be resolved by the Labor Dispute Commission (LCC) if the disagreement concerns labor relations and the parties are the employee and the employer. The judicial authorities consider all individual disputes, since Art. 46 of the Constitution of the Russian Federation enshrines the right of all citizens to judicial protection. The court may also determine the illegality of an ongoing or declared strike. Collective disputes are considered through conciliation procedures, the jurisdictional body of which is a conciliation commission, mediator or labor arbitration. In addition, supervisory and control bodies, which have the right to issue binding instructions, can also help eliminate the causes that caused the conflict, i.e., in fact, end it.

Article 382 of the Labor Code of the Russian Federation names the bodies for considering individual labor disputes: labor dispute commissions and the court. Therefore, we distinguish between bodies that consider labor disputes and bodies that can resolve conflicts between participants in labor relations and those directly related to them. Confusion arises due to conflicting labor laws. So, for example, according to Art. 391 of the Labor Code directly in the courts, individual disputes about reinstatement at work are considered, regardless of the grounds for termination of the employment contract and at the request of persons who believe that they have been discriminated against. Whereas Art. 373 of the Labor Code of the Russian Federation practically allows a dispute over dismissal to be considered administratively. In particular, part 3 of this article says: “The State Labor Inspectorate, within ten days from the date of receipt of the complaint (application), considers the issue of dismissal and, if it is recognized as illegal, issues a binding order to the employer to reinstate the employee at work with payment for forced absence "

Until 2006 Art. 3 of the Labor Code of the Russian Federation also established the right of persons who believe that they have been discriminated against in the field of labor to apply for the restoration of violated rights to the federal labor inspectorate or to court. June 30, 2006 Federal Law No. 90-FZ Art. 3 was changed and only the court was left as the authority protecting citizens from discrimination in the world of work. But, of course, certain norms of labor legislation that define supervisory bodies as having unusual functions in considering labor disputes should not be considered binding, since the powers and competence of supervisory bodies are determined by special legislation. Therefore, supervisory authorities can eliminate the conflict only in the course of performing their control functions.

The nature of the emergence and development of a labor dispute is reflected in the following stages:

first, the root cause of the dispute arises, this is a labor offense or a bona fide misconception regarding the offense;
different assessments of the current situation by the parties to the employment contract, i.e. the emergence of disagreements;
an attempt to resolve disagreements independently through negotiations or mutual consultations, which does not bring results. The law requires mandatory consideration of conflicts (disagreements) between the parties only in certain cases (for example, Article 235 of the Labor Code of the Russian Federation, which provides for compensation by the employer for damage to the employee’s personal property);
sending a statement about the essence of the disagreement with a view to resolving it to the competent jurisdictional authority. It is at this stage that a labor dispute arises;
resolving the dispute on the merits, making a decision;
it is possible to appeal the decision (optional stage);
execution of the decision.

In a labor dispute, the legislator determines the important point that these are unresolved disagreements (Article 381 of the Labor Code of the Russian Federation). The Russian language dictionary contains the following definition: disagreement - lack of agreement due to dissimilarity in opinions, views, interests; contradiction, inconsistency (of words, thoughts). Thus, to resolve disagreements, the parties can conduct mutual negotiations, and if disagreements are not resolved in this way, the conflict develops into a labor dispute if one of the parties, in the prescribed manner, specifically to resolve the conflict that has arisen, applies to a special institution (body), endowed with certain powers (jurisdiction).

The subjects of disagreement in individual disputes are the employee and the employer, but it should be taken into account that the subject of an individual dispute can be a citizen who has expressed a desire to conclude employment contract with the employer if the employer refuses to conclude such an agreement. The subject of collective labor disputes opposing the employer or his representative is the labor collective or representatives of workers who make demands regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer take into account the opinion of the elected representative body of workers when adopting acts containing labor law norms.

Legal relations between employer and employee are regulated by the norms of the Labor Code of the Russian Federation and should not go beyond its scope.

But some employers simply ignore them. Unscrupulous entrepreneurs take advantage of employees’ poor awareness of their legal rights and do not hesitate to violate them.

Let's talk about the most common types of labor disputes and how to stop arbitrariness on the part of the employer.

Grounds and causes of labor disputes

Conflict between employer and employee can break out in any area labor relations. Most often, disputes are related to:

unlawful refusal of employment and;
failure by the employer to comply with labor protection conditions and rules;
social guarantees for employees;

A labor dispute is a disagreement that has arisen between an employer and an employee.

Among the most common causes of labor conflicts are:

legal illiteracy of management;
ignoring the legal rights of employees;
poor working conditions;
lack of a clear distribution of responsibilities among members of the workforce;
mismatch between the employee’s qualifications and the position held;
heavy psychological climate a team;
incorrect leadership style;
employee ignorance of their legal rights and obligations.

Non-payment of wages and illegal dismissal are the most common causes of labor disputes.
Types of labor disputes

The Labor Code of the Russian Federation distinguishes 2 types of labor disputes - individual and collective.

Individual labor disputes

They are described in Art. 381 of the Labor Code of the Russian Federation and imply disagreements arising between the employer and an individual employee. This could be a dispute regarding transfer to another position, dismissal or disciplinary action.

Collective labor disputes

They are mentioned in Art. 398 of the Labor Code of the Russian Federation and arise between the trade union (or work collective) and the employer.
The reasons for collective labor disputes are varied - disagreements over working conditions, implementation or amendment of collective agreements, etc.

Procedure for consideration of labor disputes

It differs depending on the type of dispute. Therefore, we will consider separately the procedure for considering individual and collective labor disputes.

If the labor dispute is individual

There are three ways to consider an individual labor dispute:

In general order

The conflict is considered by a special commission on labor disputes, consisting of representatives of the employer and members of the trade union. The decision must be made unanimously.

If the employee does not agree with the verdict, he has the right to go to court. The main thing is not to miss the application deadline. You can file a complaint with the labor commission within 3 months from the date of violation of your rights.

Follow the deadlines, otherwise your complaint will not be considered.

Through the court

Some labor disputes can only be resolved in court. These include:

after illegal dismissal;

unlawful refusal to hire;

date change and ;

challenging a transfer to another position;

disagreements regarding the amount of salary;

payment for forced absence;

disclosure by the employer of the employee’s personal data;

recovery of the amount of property damage in favor of the employer;

discrimination (racial, gender, etc.);

employer - individual or religious organization.

The court decision is executed upon its entry into legal force, and in case of restoration same place work or payment of wages - immediately.

Some types of labor disputes can only be resolved through court.

In a special order

This is how disputes of certain categories of employees are considered by their higher authorities. When making decisions, they are guided by the law and the organization’s charter.

If the labor dispute is collective

Collective labor disputes are considered by a conciliation commission with the participation of a mediator, or in labor arbitration.

The order of consideration is as follows:

Consideration of the case by the conciliation commission

First of all, employees need to send their written complaints to the director. Within 3 days, he is obliged to form a conciliation commission, consisting in equal shares of representatives of the parties.

The decision made by the commission is documented in a special protocol. It is obligatory for execution within the specified time frame for all participants.

Involvement of an intermediary

If the conciliation commission is unable to resolve the dispute, a mediator is invited. His candidacy is approved by agreement of the parties.

The conflict is considered within 7 working days from the date of invitation of the mediator. The procedure ends either by making a decision or by drawing up a protocol of disagreements (if it was not possible to reach a compromise).

Going to court

If the parties to the labor conflict were unable to resolve the dispute in a conciliation commission or with the help of a mediator, it is time to turn to labor arbitration.

The lists of arbitrators are formed from the participants of the parties to the collective agreement. This is what he does government agency, responsible for resolving collective labor disputes.

Specialists (lawyers or economists) may be involved in the consideration of the case. The dispute is considered within 5 days from the moment of creation of the labor arbitration. Decision mandatory for execution.

Conciliation procedures did not produce the desired effect - workers have the right to go on strike.

Which court should I go to?

Individual labor disputes are considered by courts of general jurisdiction. If a dispute arises over illegal dismissal, file a claim in the district (city) court. All other types of individual conflicts are under the jurisdiction of justices of the peace.

The plaintiff is exempt from paying state fees and court costs (Article 393 of the Labor Code of the Russian Federation).

You do not have to pay a state fee for the statement of claim.

Limitation periods for labor disputes

Art. 392 of the Labor Code of the Russian Federation establishes the following limitation periods:

1 month - if the dismissed person wants to challenge the reason or the very fact of termination of the employment relationship. The countdown begins from the date of receipt of a copy of the dismissal order or work record book.

3 months - for all other types of labor conflicts. The period begins to count from the moment when you learned or should have learned about the violation of your rights.

12 months - regarding issues of non-payment of wages.

Even if you missed the statute of limitations, you can still file a lawsuit. This issue will only be raised if the respondent (your employer) requests it. Then you will have to prove that there are good reasons for the delay.

Missing the statute of limitations does not cancel the right to go to court.

Time limits for consideration of labor disputes by the court

The law establishes the following deadlines:

for conflicts about reinstatement - 1 month;

for all other types of labor disputes - 2 months.

If the judge considers your case complex, he may extend the time limit for its consideration.

As practice shows, the period of consideration of labor disputes can drag on for several years. Therefore, if situations arise related to the violation of your rights at work, it is better to immediately seek help from an experienced lawyer.

The Constitution of the Russian Federation, the Labor Code of the Russian Federation, as well as many other federal laws and regulations legal documents provide guarantees for compliance with the labor rights of citizens. However, this problem is currently topical and very acute.

The results of inspections that are regularly carried out by the federal labor inspectorate constantly demonstrate this. Annually Russian courts resheniya-sudov6.ru considers over a million claims where cases of labor dispute resolution are considered. Every Russian citizen has the right to individual resolution of labor disputes using the methods established federal laws, according to Part 4 of Article 37 of the Constitution of the Russian Federation.

The Labor Code of the Russian Federation defines individual labor disputes as unresolved contradictions between an employee and an employer regarding the application of laws and other regulatory legal acts that contain norms of labor law, an employment contract, a collective agreement, an agreement, and which must be reported to those responsible for consideration individual labor disputes, relevant authorities.

A dispute between an employer and a person who was previously in labor relations, as well as with a person who has expressed a desire to conclude an employment contract with the employer (if the employer refuses to conclude such an agreement), can also be recognized as individual labor disputes.

Before contacting the appropriate body for resolving a labor dispute, the parties, as a rule, try to take measures to reconcile the differences that have arisen and resolve them by mutual agreement. In case of disagreement regarding the application of standards Labor Code Russian Federation and other regulations, they are trying to resolve them peacefully. It is for this reason that the Labor Code of the Russian Federation defines a labor dispute, which is subject to resolution in a special procedure, as an unresolved disagreement.

The courts and the Labor Dispute Commission (LCC) review individual labor disputes. The Labor Dispute Commission, first of all, protects the rights of the employee in labor relations, and the court deals with the protection of the right itself under the employment contract, and also considers other labor disputes after they have been considered by the Labor Disputes Commission, or considers them instead of the Commission, in the case if it is missing.

In addition to these above-mentioned bodies, the Labor Code of the Russian Federation provides for the opportunity for an employee to apply to the state labor inspectorate of a constituent entity of the federation. Articles of the Labor Code, for example, Article 193, suggest that individual decisions of the employer can be appealed to the Rostrudinspektsiya. It follows from this that the state labor inspectorate has all the necessary powers to resolve labor conflicts between employers and employees.

In addition, the employee has the right to resolve the dispute administratively and can appeal to a superior for this purpose. official or to a higher authority.

In this case, the review period will be general, that is, for disputes about dismissal - a period of one month, and for disputes about a disciplinary sanction - a period of three months. Typically, the employee is present during the resolution of such disputes, unless he himself makes a request for consideration of the case in absentia, or does not appear for consideration without good reason.

Conflicts between employees and management arise for many reasons. The problem can be solved by referring to the norms of the collective agreement and the contract between the parties. In this article we will study a labor dispute between an employee and an employer: the procedure and timing of consideration.

Labor dispute between employee and employer

A labor dispute between an employee and an employer implies the emergence of an irresolvable disagreement between them on labor issues, which they reported to the relevant authority. Contradictions may exist within the framework of labor legislation, other legal acts on labor law, labor or collective agreement, contract, local normative act. Disputes are divided into:

individual;
collective.

Causes

When it is impossible to resolve the problem on the spot between the parties, you have to go to court. They always resort to litigation when such problematic issues as:

reinstatement;
refusal to hire;
any form of discrimination;
changing the date and wording of the grounds for dismissal;
payment for forced absence;
claims of persons working under an employment agreement for individual employers, but who are not individual entrepreneurs;
compensation by the employee for damage caused to the company;
violation by management of standards in the processing and protection of employee personal data;
disagreements between employees of religious associations and employers.

Who handles labor disputes?

There are 2 bodies authorized by law to resolve individual labor litigation, including:

labor dispute commission;

The employee decides for himself whether he wants to resolve the issue peacefully and go to the commission, or whether he obviously disagrees with the commission’s decision and immediately files a claim in court.

Questions for consideration of the dispute by the commission

The Labor Code regulates the procedure for creating a labor dispute commission (LCC). It is formed at the request of any party indefinitely or for a specified period and consists of an equal number of participants:

The workers' participants are elected by the workers' meeting.
Representatives from management are appointed by the company administration or the employer-individual entrepreneur.

The CCC has its own elected chairman, his deputy and secretary, and is also endowed with a seal. All material support for the work of the commission is provided by the employer. According to the norms of the law, the commission has jurisdiction over disputes between employees and employers not listed above in the article, namely:

provision by the employer of acceptable working conditions in which it is possible to meet production standards;
legal introduction and timely revision of wage standards;
amendments to the employment contract;
payments for overtime, night work, compensation for work on weekends and holidays;
remuneration for downtime or possible defective products;
failure to comply with production standards;
application disciplinary sanctions according to internal labor regulations;
payment when performing work of different qualifications, when working part-time, substituting;
issues of bonuses within the framework of payroll;
turning over funds withheld from a subordinate’s earnings to cover damage caused to the company;
controversy over annual leave, its duration and payment, payment of due compensation for unused vacation upon dismissal. The law provides exceptions to the employer’s obligation to provide employees with leave without pay, and the employee can appeal such a refusal to the CCC.

All other disagreements are resolved exclusively in court.

Procedure for consideration of a dispute by the commission

The procedure for studying the problematic issue of CTS looks like this:

Step 2 – Determination of the competence of the commission: 50% representatives of both parties.

Step 3 – Study of the situation in the presence of the employee or his representative with a written power of attorney. If he fails to appear at a commission meeting, it is postponed, and if he fails to show up again, the issue is removed from discussion. If the issue is closed, the subordinate has the right to submit a statement of claim to study the labor dispute a second time within the prescribed period.

Step 4 – Provide the CTS with all the facts, documents and evidence of the violation that has occurred; you can also call witnesses.

Step 5 – Throughout the entire meeting of the commission, all information is entered into the minutes signed by the chairman or deputy chairman, secretary and certified by a seal. The decision is made by secret vote of each member of the commission.

Step 6 – If there are signatures of all assessors, certified copies of the paper are issued to the employee and head of the company that is a party to the dispute within 3 days from the date of the decision.

Based on the results of the meeting, a decision is made stating:

name of the company, full name and position of the employee who applied to the CTS;
date of appeal and consideration of the dispute, essence of the issue;
the essence of the decision and its justification according to the law;
Full name of the commission members and all other persons present at the meeting (witnesses);
Voting results.

The decision of the commission is subject to immediate implementation, otherwise the employee is issued a certificate, which serves as an executive document. If the case is transferred to court, such a document will not be issued. Over a period of 3 months, the employee presents the paper to the bailiff, who enforces the commission’s decision. This period can be extended if there are valid reasons.

Procedure for consideration of disputes in court

According to the law, the court considers individual labor disputes based on applications from the employee, employer or trade union representing the interests of the employee, or on the initiative of the prosecutor, if the decision of the CCC contradicts labor legislation. The employee's justified demands are satisfied by the court in full, including:

payment of wages and additional compensation;
payment of the difference in earnings due to illegal transfer;
wage indexation;
vacation pay and compensation for unused vacation;
payment for forced absence;
payment of severance pay and maintaining average earnings for the period of job search.

When a court considers labor disputes related to a refusal to hire, the judge requires that the statement of claim be accompanied by a written refusal of the employer to conclude an employment contract with the plaintiff outlining the reasons for the refusal. If the company does not agree to issue such a written refusal decision, you can resort to the help of a state labor relations inspector. The court must take into account all testimony of witnesses and third parties, written and material evidence and all information directly related to the case.

Terms of consideration

In the table we will study the detailed time frames for studying and resolving issues related to labor disputes.

No.	Labor dispute instance	Description of the labor dispute procedure
	GIT Commission	The employee is given 3 months from the date of violation of his rights to appeal to the labor dispute commission. It is important for the reader to know that the commission can begin to study his question, even if the deadline for his application has expired. The commission is given 10 days to study the situation and make a decision on it, then the employee has the right to go to court
2	Court	If an employee does not agree with the decision of the commission, he has the right to transfer the consideration of the case to court within 10 days. Also, 3 months are given to go to court from the date of violation of the employee’s rights or the date when he actually learned about it. If the question concerns illegal dismissal, then 1 month is given from the date of delivery to the employee of a copy of the dismissal order or issuance of the work book.

It is important to know that regarding the calculation of payment of earnings and other compensation, the employee is given 1 year to go to court from the date of the established deadline for payment of such amounts. If damage is caused to the enterprise, then the same period is given to the management of the company to file a claim in court for the recovery of material amounts from the employee. If the deadlines are violated, the court cannot refuse to accept the application and, if there is a good reason, extends the deadline for considering the case.

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