The labor dispute commission can become relevant in the life of every citizen. After all, most citizens inextricably link their general well-being with their own work activities.
As a rule, people deliberately and consciously approach their choice of profession, thereby realizing their desire for well-being. After all, the majority of citizens spend a significant part of their time at work every day.
And even if a person in his work field does what he loves, and the work brings genuine pleasure, it is far from uncommon when conflict situations arise in the service.
All activities of citizens, which, one way or another, can be classified as “work”, are regulated by the norms prescribed in the Labor Code of the Russian Federation.
If these legislative norms are not observed in relation to an individual employee or group of employees, the citizen has the right to defend his rights.
The primary body designed to protect the interests of workers is the labor dispute commission.
What is a labor dispute commission
The creation of a labor dispute commission is regulated by Article 384 of the Labor Code of the Russian Federation.
According to the provisions of this article, such a commission is created at an enterprise or organization both on the initiative of employees (employee) and on the initiative of the management of the institution.
In addition, former employees, as well as trade union bodies, can initiate the creation of a CCC.
The commission should consist of persons representing the interests of the manager and the interests of employees. Moreover, the number of representatives of both sides should be the same.
A labor dispute commission is created on the basis of a written proposal from one of the parties to create such a commission. Within 10 days from the date of receipt of the proposal, the notified party is obliged to nominate its representatives to resolve the dispute on its merits.
Composition of the commission
As mentioned above, the number of representatives from both sides should be the same.
Members of the commission representing the interests of management are appointed by the employer. And the members of the labor dispute commission, called upon to defend the rights of workers, are elected by the general meeting of employees in the organization.
In addition, at general meetings, similar commissions can be created in all structural divisions of a separate organization.
The competence of the labor dispute commission , created in a separate unit, is limited to resolving labor disputes exclusively within the designated unit.
The labor dispute commission consists of a chairman, a deputy chairman, and a secretary, who are elected from the total number of members of the commission.
All organizational activities of the labor dispute commission, including technical equipment, are provided by the management of the enterprise.
Another comment on Article 384 of the Labor Code of the Russian Federation
According to the provisions of the commented article, the formation of a CCC can be initiated by: - an employer-organization or an employer - an individual entrepreneur (if the employer is an individual not registered as an individual entrepreneur, the dispute will be considered in court); — employees (for example, a decision on the proposal to create a CTS can be made at a general meeting (conference) of employees); - both parties at the same time (about which they have the right to draw up an agreement).
The CCC is formed from an equal number of representatives of the parties. In this case: - representatives of the employer are appointed by order of the latter; — employee representatives 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, CTS can be formed in the structural divisions of the organization. Their legal status is the same as the status of the CTS of the organization as a whole, taking into account the powers limited by the relevant unit.
It should be noted that Article 171 of the Labor Code of the Russian Federation provides for the provision of guarantees to employees elected to the CCC, including free time from work to participate in the work of the CCC while maintaining average earnings.
CTS has the following organizational characteristics that ensure its activities: - has its own seal; — elects from among its members the chairman of the CCC (his deputy) and the secretary of the CCC; - provided by the employer in organizational and technical terms.
What issues does the CTS solve?
The Labor Dispute Commission is empowered to resolve a number of controversial issues that may arise during the activities of the organization.
The CCC considers exclusively claims of a material or non-material nature, called individual labor disputes. Such disagreements almost inevitably arise between management and members of the workforce.
And they are often based on ignorance of the law.
It is for the purpose of objectively considering the controversial situation and resolving the conflict that labor dispute commissions are formed.
These entities are competent to regulate the following issues:
- regarding wages and other types of payments to employees;
- issues related to violation of clauses of employment contracts;
- disputes arising in connection with the legality of applying disciplinary sanctions;
- accrual of travel allowances (overtime);
- other issues of a personal nature that employees and management could not resolve among themselves on their own.
According to the content of Article 385 of the Labor Code of the Russian Federation, the competence of the CCC does not extend to disputes that can be resolved strictly in court.
These include issues related to:
- reinstatement to previous position;
- reinstatement due to dismissal;
- compensation payments in connection with forced absences or accrual of differences in wages due to demotion.
The final decision on the above points can be made strictly within the framework of judicial proceedings.
However, prior to judicial settlement, one of the parties whose interests have been violated has the right to apply to the labor dispute commission for a preliminary verdict on the merits of the problem that has arisen.
For some issues that require mandatory pre-trial consideration, an initial appeal to the CCC is mandatory.
Authority
The commission has broad powers, and its activities cannot be controlled by other structures. She can study the issues that employees come up with. But the powers of the body cannot extend beyond the territory of the company. The CCC does not have the right to resolve those contradictions that arose when the employer applied legislative norms imposed for execution by federal or regional authorities, as well as those that have a local purpose.
In addition to the fact that the commission forms stable and effective relationships in the work team, which are based on the competence of implementing enforcement proceedings, it can resolve controversial issues with employees who have already resigned. But this is only if the management committed certain violations during dismissal.
The commission is also authorized to help those citizens who were not hired by this organization without specifying motivated reasons.
Activities of KTS
All the work of such commissions can be divided into several stages.
These stages are divided into:
- Contacting the CTS following an incident.
- Consideration of the incident in the order of a meeting.
- Collect additional evidence if necessary.
- Voting of members of the labor dispute commission.
- The rendering of a verdict and its subsequent execution.
If the institution has not previously created such a commission, citizens working in the organization, in the event of controversial situations, have the right to submit an application addressed to the head.
The statement will express the desire to consider the current situation within the framework of the CCC meeting.
If there is a misunderstanding with subordinates, the head of the organization himself can initiate the creation of a commission to consider the problem and make an objective decision.
Contacting the CTS
The first stage is an application to the CCC through an application addressed to the chairman of the commission, which is written in free form according to the general rules for writing applications.
The application should clearly state the problem that has arisen and your requirements regarding the substance of the problem. Additional documentation is attached to the application if there is evidence, if the applicant has any.
In the absence of a labor dispute commission, one is created within ten days from the receipt of a written proposal for its creation.
During the designated 10 days, the parties to the conflict elect their representatives in equal numbers.
After the delegates have formed the necessary quorum, the parties to the conflict are handed over the minutes of the future meeting.
CCC meeting
The conflicting parties are required to attend the CCC meeting.
It is possible to hold a meeting without the main parties to the dispute when the party that did not appear at the hearing notified this in advance in writing.
Typically, a request to consider a dispute in absentia is noted in the initial application. If any of the parties involved in the dispute fails to appear without prior notice, the meeting is postponed.
In such circumstances, the commission has the right not to consider the conflict at all. However, this does not prevent interested parties from re-applying for consideration of the dispute.
When holding a meeting, members of the commission must be guided by the fundamental provisions of the Constitution of the Russian Federation on the principles of universal equality before the law.
Decision-making must be based on the norms of current legislation. The consideration of disputes must be comprehensive, objective and unbiased.
The Labor Dispute Commission is not authorized to change court decisions that have entered into legal force.
Additional evidence
If the available data is insufficient to make a decision, CTS has the right to request additional documentation from management that will help clarify the situation.
Such documents may be:
- accounting documentation;
- memos;
- acts of violation of labor discipline;
- explanatory notes;
- orders, etc.
Documents presented as evidence may also be required in court if the parties fail to find a compromise before the trial.
Vote
Voting is carried out after the members of the CCC are fully familiar with the position of the parties and have studied the accompanying materials on the case.
The voting itself takes place in secret, that is, none of the members of the CCC announces their position.
The verdict is based on a majority of the votes received in writing.
At least half of the delegates from one and the other side of the dispute must take part in the vote.
CTS decision
By simply counting the majority of votes, the final decision of the CCC members is formed.
It indicates the essence of the dispute, the arguments and evidence considered, the legal basis and the final part with the decision made.
Within three working days, those involved in the conflict are given copies of the adopted decision.
From the moment they receive the verdict of the labor dispute commission, the parties are given a ten-day period to appeal the decision in court.
If, after a decade, none of the parties goes to court to appeal the verdict of the CCC, at the end of the period allotted for appeal, the responsible persons must execute the decision made by the CCC within three days.
Moreover, if the deadlines for appeal and execution have expired, and the employer does not comply with the prescribed instructions, the employee has the right to contact the Bailiff Service. Which should oblige the head of the organization to execute the decision of the CCC on the basis of the verdict.
When attracting FSSP employees, management will have to incur additional losses associated with paying the enforcement fee.
Procedure for consideration
The body to which the citizen applies influences how long and in what order the controversial situation will be considered. Then three steps are used:
- An application is being generated . A visit to the authorized body will be required within a three-month period. The countdown begins from the moment when the citizen received information or should have received information that a violation had occurred. All applications must be recorded within the specified time frame.
- Consideration of a controversial situation . This body is responsible for considering the dispute in the presence of employees or their representatives. If he does not appear, the meeting is postponed. To make an informed decision, witnesses may be called and management may be asked to issue certain acts. Experts may also be called upon. The protocol is used in written format.
- A decision is made . The final decision will be voted on by secret ballot. A majority vote is used. The votes of all members of the commission present at the meeting are used. The parties are sent a completed decision within 3 days. An employee can agree with the adopted act or make complaints.
Advantages of resolving disputes in the CCC
Labor law regulates the area of relationships between employers and subordinates, but the directives of the law are not always observed in fact.
Persons whose interests have been infringed have the right to defend their rights by all available means.
These include:
- Attempts to independently negotiate with management.
- Application to the labor dispute commission.
- Filing a complaint with the State Labor Inspectorate.
- Application to the prosecutor's office.
- Filing a claim with the courts.
A significant part of conflict situations arises due to basic ignorance of legal norms.
When it is not possible to build a constructive dialogue with management, contacting the CTS is the best option.
Without taking the problem outside the walls of the organization, the parties will have the opportunity to resolve the conflict in a better way.
The main advantages of this method of pre-trial settlement of disputes include:
- free and accessible;
- objectivity of consideration based on the norms of current legislation;
- significant speed of consideration, decision-making and their subsequent execution;
- efficiency due to the mandatory execution of the verdicts of the CCC.
Despite the fact that the law does not provide for the mandatory creation of a CTS, managers of companies whose staff exceeds 15 people.
It is highly desirable to create a commission on a permanent basis.
The authority of management will be higher if employees know that the organization strictly adheres to labor legislation and any incident will be considered impartially by members of the CCC.
No financial costs
Going to court is fraught with significant financial expenses. Despite the fact that the employee is exempt from the obligation to pay state fees when considering claims in labor disputes.
But not all citizens have the necessary legal knowledge. To fully represent your own interests, you will have to spend money on a qualified specialist.
There are no costs associated with applying to the commission for the applicant. Any employee will be able to independently defend their own interests. Starting from the stage of appealing to the CCC, ending with the process of considering the dispute by members of the CCC.
Objective assessment of what happened
Any incident is considered solely from the point of view of legal norms, without bias or pressure.
Often, using this method, it is possible to resolve disputes without taking them outside the organization, which is convenient for all parties to the controversial issue.
The verdict of the CCC in legal force can be compared with a court decision.
If the verdict has not been appealed within the prescribed period, it is binding on the same basis as a court decision.
Speed of review
Appeals to other authorities, including judicial authorities, may take a long time. Whereas the resolution of the situation in the CCC is carried out in a short time.
The law provides for certain periods within which the received application must be considered and the commission must make a decision.
In addition, it is much easier to provide evidence to the CCC than to other authorities.
After all, all the necessary documents, if necessary, must be provided by the head of the organization. Whereas the applicant will have to undertake the provision of evidence for other authorities.
Commission Regulations
You need to understand how to formulate a provision regarding the work of the commission in question. Labor disputes may occur between the company's management and individual employees. The basis is the application of the provisions of labor legislation. At the initial level, you need to try to use peaceful methods. However, when such an agreement did not work out, the option with a commission is used.
The definition and causes, types of labor disputes, are regulated by the provisions of labor legislation. Labor disputes can be divided into several types:
- individual;
- collective.
The differences between these types are that an individual dispute involves the interests of one citizen. In the second case, the powers of the entire team are violated.
The regulations on the work of this commission prescribe the procedure for resolving labor disputes. This act has internal significance. It reflects the procedure for the activities of the commission members. Labor legislation indicates that this document must be in writing. You will need to generate a couple of copies of the act in question.
One document is handed over to the employee, the second remains with the management of the organization. In this case, according to the company management version, the employee must sign for receipt. The document specifies what competence the commission is endowed with, the procedure for compiling the body and the deadlines for applying.
Alternative options for resolving labor disputes
In addition to the possibility of considering labor disputes locally in the CCC of the organization itself, citizens can address these issues to other authorities.
Court
Any party to the labor relationship has the right to file a claim in court.
This can be done after the verdict of the CCC. If the decision made does not suit one of the parties.
The court may refuse to consider a labor dispute case in the following cases:
- when the applicant ignored the need to try to reach a judicial settlement by contacting the CCC;
- if there is a decision in the case that has entered into force;
- when jurisdiction is violated.
Not only enterprise managers and employees, but also former employees and trade union organizations can file a claim in court.
In addition, the prosecutor has the right to file a claim with the judicial authority. In this case, the parties to the dispute will be the employee and the organization itself, the head of which acts as a representative of the interests of the company.
Both the prosecutor and representatives of trade union bodies are only participants in the process. Even if the claim is filed directly by them.
State Labor Inspectorate
To resolve controversial issues related to labor activities, citizens can also contact the State Labor Inspectorate.
The competence of which is the consideration of labor disputes. The complaint can be submitted to the inspection in person or sent by registered mail.
The complaint can also be prepared electronically. Directly on the regional inspection website in a specially provided form.
A decision will be made on an accepted complaint within a month. Which will subsequently be sent to the applicant and the other party to the conflict.
The inspector's decision can be appealed in court.
How many people does it consist of?
The number of members of a specialized body is not legally defined , and no restrictions are established.
The number of employees must be even and may depend on the total number of employees of a particular organization.
The issue of size must be resolved by representatives of the parties through negotiations, including at meetings.
The number of representatives from the manager must be strictly equal to the number of representatives from the employees of the enterprise.
