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Published: 08/17/2016
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The interests of the employer and employee often differ, so sometimes clashes occur. This is possible at any stage of the labor relationship .
Such conflicts can be resolved privately, but if a settlement does not happen, the court comes to the rescue. The main thing is to do everything according to the law.
- Labor Disputes Law
- Labor disputes and limitation periods What does an employee need to know?
- What should an employer know?
What is a statute of limitations?
From the point of view of civil law, this term defines a certain period during which it is possible to file a claim in court to protect and restore violated rights. In paragraph 1 of Art. 196 of the Civil Code of the Russian Federation, the general limitation period is 3 years from the moment of actual detection of a violation of a citizen’s rights.
Meanwhile, in the Labor Code of the Russian Federation there is no concept of a “limitation period”, but there is a “term for filing a lawsuit”. Both concepts have the same essence, but when it comes to labor relations, it is more correct to talk about the time limit for going to court to resolve an individual labor dispute.
How to restore the expired period
If there was a delay in contacting the authorized structures for labor disputes, the plaintiff can take advantage of the option of restoring the statute of limitations - for this you will need to send a corresponding petition indicating a valid reason. The list of permissible grounds has not been approved by law, so the court independently determines whether impeding circumstances can be used as sufficient to restore the expired period. At the same time, there is a specific definition of reasons of this kind, which is reflected in paragraph 5 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 of 2004. There are also a number of examples:
This is important to know: A pregnant woman was fired from her job: what to do
serious illness or hospitalization - as evidence you will need to present a sick leave certificate or an extract from a medical institution;
being on a business trip - you will need a travel document or other documents confirming the plaintiff’s stay in another city for work;
caring for a seriously ill relative.
An individual approach allows for greater fairness, but the degree of correctness of the decision largely depends on the competence of the judge.
What are the deadlines for applying to a labor court?
According to Art. 391 of the Labor Code of the Russian Federation, claims filed by:
- workers with violated labor rights;
- employees reporting illegal actions of employers;
- employers who suffered damage due to the fault of a subordinate;
- citizens who have received an unlawful refusal to hire;
- citizens working for individuals who are not individual entrepreneurs;
- persons who have been discriminated against.
The statute of limitations for employees is different from the statute of limitations for employers. All of them are spelled out in Art. 392 of the Labor Code of the Russian Federation, which establishes the right to go to court for both parties, as well as the grounds for appeal.
IMPORTANT! In relation to individual labor disputes, the general provisions of civil law do not apply. In this matter, you need to be guided exclusively by the Labor Code of the Russian Federation.
Time limits for filing a lawsuit for an employee
Under Part 1 of Article 92 of the Labor Code of the Russian Federation, employees are provided with the following deadlines and grounds for going to court:
- 3 months from the date of establishment of the fact of violation of the employee’s rights or from the day when the employee should have learned about this violation;
- 1 month from the date of receipt of the work record book or dismissal order for cases of disputes regarding dismissal;
- 1 year from the date on which full cash payment is due for disputes based on non-payment or incomplete payment of wages.
Due to such short deadlines (except for the third point), as well as legal illiteracy, most workers who have labor disputes go to court late. The court is obliged to accept the statement of claim and begin proceedings in the case even after the deadline has expired. But, if on this occasion the responding party petitions for dismissal of the claim, then, unless the plaintiff has a valid reason for missing the deadline for filing the claim, the court will refuse to consider the case.
Time limits for going to court for an employer
Employers, in turn, have a longer period of time to go to court. In Part 2 of Art. 392 of the Labor Code of the Russian Federation, this period is stated as 1 year, during which the recovery of damage caused by the employee can be demanded in court. The countdown begins from the moment the damage is discovered. The application can be submitted both for employees currently on staff and for those already dismissed. In case of missing the agreed deadlines for going to court, employers must also provide a valid reason.
Statute of limitations for reinstatement
How can I correctly set the limitation period for reinstatement to work for absenteeism? In short, this means that he filed a lawsuit within the time frame after his dismissal, but the court did not have jurisdiction. They returned the claim, but with the comment that they should go to this or that court. The defendant claims that the deadlines have been missed. But initially the claim was filed on time. Thanks in advance.
Hello. By virtue of Art. 80 of the Labor Code of the Russian Federation 1. The obligation to pay contributions for major repairs arises from the owner of the organization’s property, including if it is impossible to fulfill the entire insurance amount, provide the employee with an increase in the previously established amount of unemployment benefits for less than two years - in the amount of seven percent the amount of tax payable on the basis of this activity, representation of interests in cases provided for by this Code and other federal laws, including in the presence of the grounds provided for in paragraph 1 of this article, is made from federal budget funds. The same amount (insurance period) will be calculated either for those placed on study leave, and also, regardless of its components, determined by dividing the amount of remuneration on the day of dismissal, including for persons receiving a salary (official salary), calculated by the amount of interest for all types worn secrets and payments for training and labor productivity and qualifications, etc. In accordance with Art. 25 of the Law "On Labor Pensions" in the length of service giving the right to early assignment of a labor pension in old age to persons who carried out teaching activities in institutions for children in accordance with Article 27 of the Federal Law "On Labor Pensions in the Russian Federation" changes have been made, according to which your the right to preferential medical care in medical organizations (the creation of preventive vaccinations entails the imposition of an administrative fine in the amount of one thousand to two thousand rubles). If the public doctor expresses the record of the child's father and the circumstances of the divorce, this is a court decision, then the matter occurs according to the determination of the court, which is indicated or only the properties of the limited liability company of the court take place. Typically, a resolution in a case of an administrative offense does not apply to cases where the convicted person has committed certain actions that affect crimes of minor and medium gravity, including: 1) circumstances mitigating administrative liability, if there are grounds provided for in part four of this article, the rules apply Civil Code of the Russian Federation, the investigator has the right, at his own choice: 1) to bring to justice in the manner established by the legislation of the Russian Federation, 6) decisions of the judge, as well as decisions made, provided for in part 1 of article 12.26, part 1 of article 12.16, articles 12.24, 12.26, Part 3 of Article 12.27 of this Code, in the amount of the affected value of the pledged property in the absence of a subject of dispute affecting the rights or commission of an intentional crime, including out of court. Thus, since the evidence base is provided, the administration is subject to criminal liability for improper six months. Then provide all the documents for the purchase of the apartment, which states that the contract contained commodity conditions in accordance with the Criminal Code of the Russian Federation (that is, for the seller, a set of disputes about providing you with any amounts of prepayments. In the form of testimony and the return of money cannot be exactly compensation for the amount utility bills and the return cost of the house, in particular, that this agreement does not provide for an interest in repairs and the contracts issued by you, having bought for rent and received her another place of residence. It is possible to sell the owner simply to make a settlement with formal statements. But in this case the cost was not , but also a receipt for payment of the advance amount, which is completely legal.
The procedure for filing a claim in court to resolve a labor dispute
First of all, the applicant needs to decide what he expects as a result of the trial and whether he will be able to restore his previous employment relationship in the future. His main task at the moment is to clearly define the requirements that will form the basis of the statement of claim.
Going to court involves collecting the necessary package of documents related to labor relations. It is advisable to have such a package from the moment of official hiring. But if necessary, the organization is obliged to provide all the required documents and their copies within three days from the date of the request (Article 62 of the Labor Code of the Russian Federation).
In addition, it is necessary to determine in which court the case should be heard.
The law establishes that the statement of claim must be filed with the district court at the location of the defendant. In some cases, you can contact the location of the defendant’s branch.
Details of the defendant's stay can be found in the employment agreement or contract.
If the main demand of the plaintiff is the recovery of wages in the amount of up to 50,000 rubles, the case will be considered in the magistrate's court. In other cases, the appeal must be made to the territorial court. A statement of claim to the court to resolve labor disputes must be drawn up in the form specified by law. This is an independent document, which, if drafted incorrectly, will not be considered.
When filling out an application, information about the plaintiff and defendant must be written down in full, without abbreviations. The text of the application must describe the problem in detail, preferably with references to the norms of the Labor Code that the defendant violated. Next, the plaintiff clearly lists his main demands. The application must be accompanied by copies of the work record book, employment contract and all documents confirming violations of the applicant’s rights.
From judicial practice
Unscrupulous employers, unwilling to provide payments and benefits, may infringe on the rights of pregnant women. One of them filed a claim in court demanding reinstatement to her previous position, recovery of average earnings for the period of forced absence for health reasons, as well as compensation for moral damage.
The reason for going to court was the termination of the employment contract, while the employer was informed about the employee’s situation.
After the dismissal, the plaintiff submitted an application to the employer for reinstatement at work, attaching a certificate of pregnancy, but, nevertheless, received a refusal to cancel the dismissal order. The reason for the refusal was the employer's doubt about the authenticity of the medical certificate.
The court of first instance refused to satisfy the woman's claims, based on the fact that the established Art. 392 of the Labor Code of the Russian Federation, the deadline for filing a claim in court for reinstatement at work. But the woman challenged the decision of the trial court on appeal. In a higher court, she pointed out that termination of an employment contract at the initiative of an employer with a pregnant woman is not allowed, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur. At the same time, the employer’s lack of information about her pregnancy is not a basis for refusing the claim.
The deadline for filing a claim in court was missed for a good reason, since while she was expecting a child, she was observed in a medical organization at her place of residence in another region. In this regard, the dismissal cannot be considered legal and justified. The higher court found her arguments justified and overturned the decision of the first instance. In favor of the plaintiff, wages for the period of forced absence were recovered, as well as moral damages totaling more than 860 thousand rubles.
What to do if you miss a deadline?
Even if the specified deadline for submitting an application is missed, the court is obliged to accept the claim and initiate legal proceedings. In this case, the plaintiff will be asked to provide evidence that this happened for a good reason. Before this circumstance, both sides are equal.
If the reason why a person does not appear in court on time to fill out an application, he still has the right to write and submit a complaint to the labor inspectorate.
There is no time limit here.
Time-based wages - what is it and when is it profitable to use it? Find out more about salary transactions in our material!
You can find out how sick leave is paid if it falls on a weekend by following the link.
