Author of the article: Vladimir Danilevsky Last modified: January 2021 8015
An application to the labor dispute commission is submitted in order to resolve the conflict that has arisen between the employer and the employee. This measure allows you to solve the problem out of court. It is important to know how to properly file a complaint. The latter may be submitted within 90 days from the date of infringement of interests (Article 386 of the Labor Code of the Russian Federation). More detailed information will be presented in this article.
Grounds for filing labor claims
Litigation in labor disputes is mostly related to the protection of the interests of workers. A citizen has the right to file a claim on the following issues:
- Unlawful dismissal.
- Salary or bonus.
- Disciplinary action.
- Compensation for moral compensation.
However, the employer also has the right to file a lawsuit against the employee.
Most often, the case concerns compensation for material damage caused by an employee. Download for viewing and printing: Article 391 of the Labor Code of the Russian Federation “Consideration of individual labor disputes in the courts”
Article 387 of the Labor Code of the Russian Federation “Procedure for consideration of an individual labor dispute in the labor dispute commission”
What disputes are considered in the CCC
The Labor Code of the Russian Federation divides powers between the court and the CCC for the consideration of labor disputes. Usually, the employee first applies to the CCC, and if the dispute is not resolved there, or the employee is not satisfied with the decision of the commission, then he can address the same issue to the court.
Important! The period for appealing the commission's decision is only 10 days (Article 390 of the Labor Code of the Russian Federation), but it is counted from the moment this decision is delivered to the parties, and not from the moment it is adopted. And 3 days are allotted for delivery of the decision.
In Art. 391 of the Labor Code of the Russian Federation lists cases when an employee or employer can go to court directly, skipping the consideration of the dispute in the CCC. For example, when an employee demands to be reinstated in his position, this is possible for the employer if he raises the issue of compensation for damage caused to him by the employee.
Samples of labor claims
As already mentioned, there are many reasons why an employer and an employee may sue each other. Among the main labor disputes are:
- Statement of claim for debt collection from an employee.
- Application for recovery of wages.
- On compensation for material damage.
- About payment of severance pay.
- On wage indexation.
- About reinstatement.
- On establishing labor relations.
- On concluding an employment contract;
- About monetary compensation for delayed wages.
- On the recovery of moral damages from the organization.
- On changing the grounds for dismissal.
- About changing an entry in the work book.
- About disciplinary action.
Claim for recovery of wages
Statement of claim to correct an entry in the work book
Statement of claim to appeal a disciplinary sanction
Statement of claim for moral compensation for injury at work
Review period
As in other government agencies, certain deadlines are established for the inspection, during which this body is obliged to consider the application, take all necessary actions and respond to the applicant about the decision in writing.
Complaints to the labor inspectorate are considered within one month from the date of receipt. If necessary, this period can be extended, but not more than 30 days. In case of extension of the deadline, the institution's employees are obliged to notify the applicant in writing.
We suggest you familiarize yourself with How to restore a work book if lost, independently or through government agencies
Filing a claim
The statement of claim is drawn up in accordance with the basic requirements of document flow. What is written:
- The name of the court where the claim is being sent.
- Applicant information. Last name, first name, patronymic, registration address, contact information.
- Information about the defendant. Name, address of the legal entity.
- Title of the document. “Statement about...” For example: “Application for reinstatement.”
- Main part. All the circumstances of the case are indicated, where and how the applicant’s rights were violated;
- Motivational part.
- Links to legislation.
- Petition.
- List of attached documents.
The legislative framework
Just as all established bodies of any government that protect the morals of certain people have their own, specific base of codes and laws, which is applicable in most cases purely to them, so in this legislative direction there is its own basis, namely:
- One of the key roles is played by Article 27 of the Labor Code of the Russian Federation, which states that all kinds of friction between both sides are only an area of social partnership, but at the same time they bear a percentage of the legislative power. However, according to Article 35 of the Labor Code of the Russian Federation, the commission itself does not belong to the type of social partnership;
- The fundamental legislative force is Article 384 of the Labor Code of the Russian Federation, which provides for the formation of a commission exclusively on an important issue and only in an equal concentration of managers (if the company is an LLC) and employees, so that all decisions made are not biased;
- Also, it is worth remembering a small feature that applies exclusively to those cases when a religious organization acts as an individual entrepreneur. In this case, Articles 391 and 308 are applicable, which say that if the employer is any religious enterprise, then the commission is not convened and everything is decided purely in a conversational manner;
- On the part of the individual enterprise, proxies of the general director act; this kind of action is fully described in the second part of the Labor Code of the Russian Federation, Article 384;
- The workers' side is considered independent and free-thinking in the area of their rights at work only if more than half of the total number of employees of a particular enterprise are present at the meeting, namely the labor dispute commission;
- After a full and equal collection of the CCC, a hearing of one or another application takes place within ten working days, only after this a general decision is made based on the summary position of each person present (all of the above is described in Article 389 of the Labor Code of the Russian Federation).
Application Rules
The statement of claim can be filed independently, through the court office. It is also allowed to act through a representative. In the latter case, the authority must be confirmed by a notarized power of attorney.
It is also possible to file a claim by registered mail. After the application is accepted, the citizen will only have to wait for the date of the appointment of the meeting. In most cases, courts inform the parties by sending summonses by registered mail or via SMS.
Step-by-step instructions for filing a claim in court
Deadlines for filing a claim in labor disputes
You can submit a statement of claim to resolve a labor dispute within 3 months from the moment a person learned or should become aware of a violated right. If we are talking about illegal dismissal, the citizen has 1 month to investigate.
Proof
Along with the application, the citizen will need to prepare evidence. This responsibility lies with the applicant and is mandatory if a person wants his case to be considered.
Any materials, documents, extracts and certificates confirming the plaintiff’s statement can be used as evidence. It is also permitted to call witnesses to provide explanations.
For example, if an employee was fired for absenteeism, as proof of a valid reason at the workplace, he can provide: sick leave, a child’s birth certificate, a relative’s death certificate (it all depends on the circumstances).
Is it legal to be fired for absenteeism?
Regulations on CTS
The Labor Dispute Commission is recognized as a collegial body created on a parity basis. It resolves individual controversial issues arising in the course of labor relations, thereby being a guarantor of the protection of labor rights. It is important to pay attention to the fact that some types of disputes are resolved exclusively in court (issues of reinstatement of a dismissed employee, processes with the participation of a prosecutor, etc.).
At the initiative of the employee, he is appointed by electing members of the commission at a general meeting. Representatives of the employer are appointed directly by the head of the organization (or the employer-individual entrepreneur).
The commission is devoted to most of Chapter 60 of the Labor Code of the Russian Federation. All issues related to it are regulated by Art. 382-390. They include methods for creating a commission, organizing its work, deadlines for filing an appeal, its consideration, and appealing the decision of the CCC.
For the full work of the commission and its legislative validity, the head of the organization and the representative body of workers creates a local act, which includes provisions on the work of the CTS. It spells out the main issues regarding the organization of the work of the commission, its composition, technical support, competencies and liquidation of the body.
The act is signed by all members of the commission (representatives from employees and the employer).
Please note that the commission can be created both at the enterprise as a whole and in its structural divisions. In the latter case, the terms of reference will be somewhat narrowed, limited to the boundaries of the unit.
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State Labor Inspectorate
Another type of government institution that deals with labor disputes is state labor inspectorates; they are found in almost every city; you can find yours on the official website of the Federal Service for Labor and Employment.
In order for the inspectorate to begin checking the employer, you need to file a complaint. This can be done either alone or by the entire team or trade union by sending it by registered mail with notification or at a personal meeting with the inspector. In this case, the complaint must be signed and dated, otherwise it will be refused, but you can ask not to disclose information to the employer.
One month is allotted for consideration of the complaint; the decision can be appealed in court. If the inspector concludes that the employee’s rights have actually been violated, he has the authority to issue an order to the employer to eliminate the identified violations and bring him to administrative responsibility.
The inspectorate may advise the employee to go to court if the resolution of the identified violations is beyond its area of responsibility, for example, if the employment contract was not concluded or the amount of wages was not indicated in it.
