home Sample documents Bodies for the consideration of labor disputes in the Russian Federation. Bodies for consideration of individual labor disputes

Bodies for the consideration of labor disputes in the Russian Federation. Bodies for consideration of individual labor disputes

After studying Chapter 4, the student should:

know

types of bodies considering individual labor disputes and procedures for considering individual labor disputes;
types of bodies considering collective labor disputes, and stages of conciliation procedures when considering collective labor disputes;
legal status state bodies for the settlement of collective labor disputes;

be able to

navigate the procedures for considering and resolving individual and collective labor disputes;
determine the advantages and disadvantages of bodies considering labor disputes;

own

the ability to choose the correct procedure in the process of considering a specific labor dispute;
skills in conducting conciliation procedures within the framework of a collective labor dispute.

Types of bodies considering individual labor disputes

Article 382 of the Labor Code of the Russian Federation provides that individual labor disputes are considered by the CCC and the courts. In addition, part 2 of Art. 383 of the Labor Code of the Russian Federation determines that the specifics of consideration of individual labor disputes are established federal laws. These standards allow us to conclude that currently there are the following jurisdictional bodies authorized to consider and resolve individual labor disputes.

1. Labor Dispute Commissions. They are formed at the initiative of employees (a representative body of employees) and (or) the employer (organization, individual entrepreneur) from an equal number of representatives of employees and the employer. Representatives of employees are elected by a general meeting (conference) of employees or delegated by a representative body of employees with subsequent approval at a general meeting (conference) of employees, and representatives of the employer are appointed by the head of the organization, the employer - an individual entrepreneur.

According to Art. 385 of the Labor Code of the Russian Federation, the CCC is a body for the consideration of individual labor disputes, with the exception of disputes in which Labor Code The Russian Federation and other federal laws establish a different procedure for their consideration.

2. Courts. Individual labor disputes as a court of first instance are authorized to be considered by district courts that are part of the federal court system, and until July 30, 2008, they could be considered by magistrates, who are judges of general jurisdiction of the constituent entities of the Russian Federation.

The creation of the institution of magistrates was provided for by the Federal Constitutional Law of December 31, 1996 No. 1-FKZ “On the Judicial System Russian Federation". Federal Law of December 17, 1998 No. 188-FZ "On Magistrates in the Russian Federation" (as amended on July 18, 2011) provided that the magistrate considered in the first instance all cases arising from labor relations, for with the exception of cases of reinstatement and cases of resolution of collective labor disputes, as well as cases of issuing a court order.

Federal Law No. 147-FZ of July 22, 2008 “On Amendments to Article 3 of the Federal Law “On Magistrates in the Russian Federation” and Article 23 of the Civil Procedure Code of the Russian Federation” invalidated subparagraph. 7 clause 1 art. 3 of the Federal Law “On Justices of the Peace in the Russian Federation” and paragraph 6 of Part 1 of Art. 23 of the Code of Civil Procedure of the Russian Federation, as a result of which cases arising from labor relations were excluded from the competence of the magistrate. The initiative to adopt this Federal Law came from Supreme Court RF. As the Supreme Court of the Russian Federation indicated in the explanatory note to draft law No. 147-FZ, civil cases arising from labor disputes “present a certain difficulty for magistrates due to the need to collect evidence.”

Initiating a change in the jurisdiction of cases arising from labor relations, the Supreme Court of the Russian Federation took into account the fact that judges of district courts, who are less loaded with cases of administrative offenses than magistrates, have greater opportunities for preparing and considering this category of civil cases.

However, this category of civil cases is far from new for judges of district courts: they previously resolved labor disputes regarding reinstatement. District court judges have sufficient experience in analysis labor legislation and research of evidence, which should also have a positive impact on the quality of consideration of cases arising from labor relations.

As the main reasons for the adoption of Federal Law No. 147-FZ, the Supreme Court of the Russian Federation named the increase in the workload of magistrates due to the increased volume of cases of administrative offenses considered by them; complex evidence base for cases arising from labor relations; complexity of applicable legislation.

So, at present, individual labor disputes as a court of first instance are authorized to consider only district courts.

IN last years The following trend has clearly emerged: the court as an independent body is becoming the main body considering individual labor disputes state power, subject only to the Constitution of the Russian Federation and federal law. This is confirmed by statistical data on the number of labor cases considered by Russian courts in the first instance. Thus, in 2001, in Russia as a whole, the courts considered about 540 thousand labor cases, in 2002 - more than 630 thousand, in 2003 - about 660 thousand, in 2004 - more than 675 thousand, in 2005 - about 690 thousand, in 2006 - more than 725 thousand, in 2007 - about 740 thousand, in 2008 - more than 900 thousand, in 2009 - 2400 thousand, in 2010 – 2350 thousand labor cases.

The sharp increase in the number of individual labor disputes over the past three years is, of course, associated with crisis phenomena in the world economy in general and the Russian economy in particular, which were accompanied by numerous violations of labor rights and legitimate interests of domestic workers.

In recent years, the science of labor law has expressed opinions on the need to reform the judicial system and create labor courts.

Such statements are not accidental and are due to government program documents and law enforcement practice.

Thus, the Program of Social Reforms in the Russian Federation for the period 1996-2000, approved by Decree of the Government of the Russian Federation of February 26, 1997 No. 222, provided for measures to protect the labor rights of citizens. It noted that “recently the number of labor and other violations has increased significantly social rights citizens. Cases of illegal dismissals have become more frequent, late payments have become widespread wages and sending employees on forced unpaid leave. In many newly formed commercial organizations labor relations are not formalized in the manner prescribed by law...", and "the main goals of the reform are the regulation of social and labor relations in the new conditions and the development of the system of state and public institutions to protect the labor rights of citizens on the basis of a modern regulatory framework."

The program envisaged reforms in the field of protecting the labor rights of citizens in two ways: the most important areas: adoption of the new Labor Code of the Russian Federation and the formation of a system of special bodies for the consideration of labor disputes, for which, at the first stage, it was planned to form structures for pre-trial consideration of labor disputes on a parity basis of social partners. The existing judicial authorities should form special panels of judicial workers who will consider and resolve individual and collective labor disputes.

In addition, the Program indicated that the allocation of special judicial panels and the organization of their work would require the development labor procedural code of the Russian Federation, providing for the involvement of representatives of the parties to labor relations in the consideration of cases (from employees and employers).

At the next stage, the Program was supposed to create specialized labor courts.

Unfortunately, the above provisions of the Social Reform Program have remained unimplemented.

It seems that the current adoption in Russia of the Labor Procedural Code of the Russian Federation will be premature and inconsistent. Labor cases, as one of the categories of civil cases, do not yet have the qualitative specificity that would allow them to stand out from the entire set of civil cases and apply special norms that differ from the provisions of the Code of Civil Procedure of the Russian Federation when considering and resolving them. It is impossible not to notice that a necessary condition The adoption of the Labor Procedural Code of the Russian Federation is the creation of a system of specialized labor courts. It is obvious that there are no economic, financial and organizational conditions. This situation is also affected by the fact that in the Russian Federation the system social partnership, which presupposes a conciliatory procedure for resolving arising disagreements.

The Labor Code of the Russian Federation contains a fundamentally new approach to the problem of the relationship between the competence of the CCC and the court. Previously, during the period of the Labor Code of the Russian Federation, these commissions were, with rare exceptions, the mandatory primary body for the consideration of labor disputes. As is known, Art. 46 of the Constitution of the Russian Federation recognizes and guarantees as one of the fundamental rights of man and citizen to judicial protection of his rights and freedoms. Accordingly, submitting a labor dispute to the CCC for consideration has ceased to be a mandatory stage.

In fact labor dispute commissions for various reasons, they do not cope with the role assigned to them by law as an effective body for pre-trial consideration of labor disputes. There are several such reasons.

Firstly, a significant part of individual labor disputes are subject to consideration only in the courts (see Article 391 of the Labor Code of the Russian Federation). Thus, in most labor disputes, the courts are the only, non-alternative bodies in which fairness in labor relations can be restored.

Secondly, in many organizations (at individual entrepreneurs) CTS were not created due to the lack of initiative of workers and (or) employer or small numbers personnel, and in such organizations (such individual entrepreneurs) violations of labor rights and legitimate interests of employees are allowed more often than in those where there are strong trade union organizations that can protect workers.

Thirdly, the incompetence of the members of the CCC is significant. They are not able to understand the complex issues of current labor legislation due to insufficient preparation to perform the functions assigned to them and, in particular, the lack of legal education and relevant practice.

Fourthly, decisions made by the CCC are often not executed voluntarily by the employer, since the commissions are not authoritative bodies for them, and bailiffs for various reasons refuse to enforce the decisions of the CCC, including in connection with gross violations existing norms and rules for considering cases and making decisions, missing deadlines for the issuance of executive documents by commissions or deadlines for presenting these documents for execution, etc.

As a result, the CCC is usually unable to prevent violations of labor laws, settle the matter amicably, or make a fair and reasonable decision and enforce it, i.e. They do not fulfill the task of pre-trial settlement of labor disputes. Since they have not proven themselves properly in practice and do not have advantages over the courts, there are almost no people willing to turn to their help when a conflict arises. In other words, these commissions, which carry the shortcomings of Soviet legislation, have not become and cannot become a jurisdictional body capable of freeing the courts from considering a significant part of labor cases.

Compared to the CCC, the quality of case consideration in courts is much higher. The following data can serve as proof: over the past 10 years, no more than 1–1.5% of decisions of the courts of first instance in labor disputes have been overturned by higher courts annually.

Finally, with the entry into force of the Federal Law of July 27, 2010 No. 193-ΦZ “On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)” (hereinafter referred to as the Law on Mediation), a new way settlement of labor disputes – with the participation of an intermediary.

In accordance with paragraph 2 of Art. 2 of the Law on Mediation under mediation procedure refers to a method of resolving disputes with the assistance of a mediator based on the voluntary consent of the parties in order to achieve a mutually acceptable solution. The mediation procedure applies to disputes arising from civil legal relations, including in connection with the implementation of business and other economic activity, as well as disputes arising from labor and family legal relations.

It should be noted that by virtue of clause 5 of Art. 1 of the Law on Mediation, the mediation procedure does not apply to collective labor disputes.

According to paragraph 5 of Art. 2 of the Law on Mediation, the parties have the right to enter into an agreement on the use of the mediation procedure. The parties are entitled to include in the said agreement a condition under which the parties undertake not to go to court. However, this condition is traditionally recognized as invalid as aimed at limiting legal capacity. Nevertheless, in this case, the possibility of restriction is directly provided for by law and is therefore permissible (see paragraph 3 of Article 22 of the Civil Code of the Russian Federation).

Such a condition can only exist within the framework of an agreement on the use of a mediation procedure. However, in practice, the parties will be able to include a clause limiting recourse to court in any contracts, covering it with an agreement on the use of the mediation procedure. This will create ample opportunities for abuse, especially in relationships where one of the parties is economically stronger and can “push” the inclusion of such a condition in the contract.

Let's imagine a situation: an employer enters into an agreement with an employee on the use of a mediation procedure and includes in it a condition that the parties undertake not to go to court during the period allotted for the mediation procedure. Next, the employer fires the employee, and the latter wants to challenge this illegal dismissal. The total duration of the mediation procedure is 60 days. The statute of limitations for claims for reinstatement is 1 month. The employer does not enter into an agreement to conduct a mediation procedure, so the limitation period is not suspended. Will the restriction on going to court apply in this case? It seems that no, otherwise the right to judicial protection guaranteed by the Constitution of the Russian Federation will be violated.

In situations similar to the one described, the courts will most likely rely on the final provisions of paragraph 1 of Art. 4 of the Law on Mediation, according to which the condition on limiting recourse to court does not apply “if one of the parties needs, in its opinion, to protect its rights.”

Obviously, this wording should not be understood to mean that the effect of the condition on limiting recourse to court is made dependent on the discretion of either party. The condition will only not apply when its compliance jeopardizes the possibility of protecting the rights of one of the parties.

As a result of applying the mediation procedure to a dispute or disputes to individual disagreements in a dispute in writing a mediation agreement is concluded (clause 7 of article 2 of the Law on Mediation).

1. Individual service disputes (hereinafter - service disputes) are considered by the following bodies for consideration of individual service disputes (hereinafter - bodies for review of service disputes):

1) by the commission of a state body on official disputes;

2) by court.

2. The procedure for consideration of service disputes in the bodies for consideration of service disputes is regulated by this Federal Law and other federal laws, and the procedure for consideration of cases on service disputes in the courts is also determined by the civil procedural legislation of the Russian Federation.

3. The commission of a state body on service disputes (hereinafter referred to as the commission on service disputes) is formed by a decision of a representative of the employer from an equal number of representatives of the elected trade union body of this state body and a representative of the employer.

4. Representatives of the elected trade union body of a given state body are elected to the commission on service disputes at a conference of civil servants of the state body. Representatives of the employer's representative are appointed to the commission on service disputes by the employer's representative.

5. The commission on official disputes has its own seal. Organizational and technical support The activities of the commission on official disputes are carried out government agency.

6. The commission on official disputes elects a chairman and secretary of the commission from among its members.

7. An official dispute is considered by the commission on official disputes if the civil servant, independently or with the participation of his representative, does not resolve disagreements during direct negotiations with the employer’s representative.

8. A civil servant or a citizen entering the civil service or previously serving in the civil service may apply to the commission on service disputes within three months from the day he learned or should have learned of a violation of his right.

9. If, for good reasons, the deadline established by part 8 of this article is missed, the commission on official disputes may restore this deadline and consider the official dispute on the merits. A written application received by the commission on official disputes of a civil servant or a citizen entering the civil service or previously serving in the civil service is subject to mandatory registration by the said commission on the day of its submission.

10. The commission on official disputes is obliged to consider the official dispute within ten calendar days from the date of filing a written application.

11. The procedure for considering an official dispute by the commission on official disputes, as well as the procedure for making a decision by the commission on official disputes and its execution is regulated by federal law.

12. The decision of the commission on official disputes may be appealed by any of the parties to the court within ten days from the date of delivery of a copy of the commission’s decision. If the established deadline is missed for valid reasons, the court may restore this deadline and consider the official dispute on its merits.

13. The courts consider service disputes based on written statements from a civil servant or a citizen entering the civil service or previously serving in the civil service, a representative of an employer or a representative of an elected trade union body of a given state body, if at least one of them does not agree with the decision of the service commission disputes or if a civil servant or a representative of the employer goes to court without applying to the commission on service disputes, as well as at the request of the prosecutor, if the decision of the commission on service disputes does not comply with federal laws or other regulatory legal acts of the Russian Federation.

14. Official disputes based on written statements are considered directly in the courts:

1) a civil servant or a citizen who was previously in the civil service - on reinstatement in a previously filled position in the civil service, regardless of the grounds for termination or termination of the service contract, release from the position being replaced in the civil service, dismissal from the civil service, on changing the date of release from the position being replaced civil service and the formulation of the reason for the said release, about transfer to another position in the civil service without the consent of the civil servant, about payment for the time of forced absence or about payment of the difference in monetary content during execution job responsibilities for a lower-paid civil service position;

2) a representative of the employer - on compensation by a civil servant for damage caused to a state body, unless otherwise provided by federal laws.

17. The timing of applying to the court for consideration of an official dispute and the procedure for exempting civil servants from legal costs, the procedure for making decisions on official disputes related to dismissal from a civil service position and dismissal from the civil service, transfer to another civil service position without the consent of the civil servant , the procedure for satisfying monetary claims of civil servants, executing decisions on reinstatement in a previously filled position in the civil service and limiting the repayment of amounts paid by decision of bodies for the consideration of service disputes are established by federal law.

Labor disputes are disputes that arise between subjects of labor relations.

There are two types of labor disputes:

· Individual

· Collective

Individual labor disputes can be of a claim or non-litigation nature.

Individual labor disputes of a claim nature arise on issues of violation of rights.

Non-claim labor disputes are disputes about establishing new or changing existing working conditions.

Labor disputes arising between an employee and the administration of an enterprise, institution, organization, regarding the application of legislative and other regulations on labor, a collective agreement and other labor agreements, as well as conditions employment contract(contract) are considered:

Labor dispute commissions;

District (city) people's courts.

Article 201 of the Labor Code in its new edition introduced fundamental changes to the composition of the bodies considering individual disputes.

Firstly, trade union committees of enterprises were excluded from the composition of these bodies, which, while representing the interests of trade union members, could not therefore be objective arbiters.

Secondly, in full accordance with Art. 32 of the Declaration of Rights and Freedoms of Man and Citizen and Art. 46 of the Constitution of the Russian Federation, the consideration of labor disputes of certain categories of workers on certain issues by superiors in the order of subordination to bodies was finally eliminated.

The procedure for considering labor disputes is regulated by the Labor Code and other legislative acts, and the procedure for considering cases of labor disputes in district (city) people's courts is determined by the Civil Procedure Code of the RSFSR.

The procedure for considering cases of labor disputes in district (city) people's courts has undergone significant changes. According to the additions made to Art. 113 of the Code of Criminal Procedure by the Law of the Russian Federation dated May 29, 1992, cases of labor relations, except for cases of reinstatement at work, in all cases are considered by a single judge.

In accordance with Art. 6 of the Code of Criminal Procedure in its new edition, cases of reinstatement are considered by a judge alone, if the persons participating in the case do not object to this, or collectively, if any of the persons participating in the case, before the start of the consideration of the case on the merits, objects to the sole decision its consideration.

The Labor Dispute Commission is the first instance for resolving labor disputes.

Article 203 Labor Code:

“The labor dispute commission is elected by the general meeting (conference) of the labor collective of an enterprise, institution, or organization with at least 15 employees.

Candidates who received a majority of votes and for whom more than half of those present at the general meeting (conference) voted are considered elected to the commission.

The procedure for election, the number and composition of the commission, its term of office are determined by the general meeting (conference) of the labor collective of the enterprise, institution, or organization.

The Labor Dispute Commission elects a chairman, deputy chairmen and secretary of the commission from among its members.

By decision general meeting(conferences) of the labor collective of an enterprise, institution, or organization, commissions on labor disputes can be created in divisions. These commissions are elected by department teams and act on the same basis as commissions on labor disputes of enterprises, institutions, and organizations. Labor dispute commissions of divisions may consider labor disputes within the powers of these divisions.”

Previously, the CTS was organized from an equal number of representatives of the trade union committee and the administration.

The procedure for organizing a CTS, provided for in Art. 203 Labor Code, obligatory only for state and municipal enterprises. At enterprises of other forms of ownership, the procedure for organizing pre-trial consideration of labor disputes is determined by the charters of these enterprises.

An employee can apply to the CCC within three months from the day he learned or should have learned about a violation of his rights.

If the established deadline is missed for valid reasons, the CCC may restore the deadline and resolve the dispute on the merits.

An employee’s application received by the labor dispute commission is subject to mandatory registration.

It is not permitted to refuse to accept an application for consideration of a labor dispute on the grounds that an employee missed a three-month deadline. The issue of respect and disrespect, for which the deadline in question was missed, must be decided by the CCC at its meeting in the presence of the concerned employee. Having recognized the reasons for missing the limitation period as valid, the CTS restores it; if the reasons are not valid, it refuses to satisfy the employee’s demands.

The log of applications for consideration of labor disputes received by the CCC is kept in any form, but it should note:

Applicant's surname;

Subject of dispute;

Date of receipt of the application;

Date of dispute resolution;

The Labor Dispute Commission is obliged to consider the labor dispute within ten days from the date of filing the application. The dispute is considered in the presence of the employee who filed the application and a representative of the administration. Consideration of a dispute in the absence of an employee is allowed only upon his written application. If the employee fails to appear at the commission meeting, consideration of the application is postponed. If the employee fails to appear again without good reason, the commission may decide to withdraw the application from consideration, which does not deprive the employee of the right to resubmit the application.

The Labor Dispute Commission has the right to call witnesses to the meeting, invite specialists, representatives trade unions operating in an enterprise, institution, organization.

At the request of the commission, the administration is obliged to present necessary calculations and documents.

A meeting of the labor dispute commission is considered competent if at least half of its elected members are present.

The labor dispute commission makes a decision by a majority vote of the commission members present at the meeting. A member of the commission who does not agree with the decision of the majority is obliged to sign the minutes of the commission meeting, but has the right to express his dissenting opinion in it. This opinion must be communicated to the parties.

The decisions of the labor dispute commission must be motivated and based on legislation and other regulations on labor, a collective agreement, an agreement or an employment contract.

The decision of the CCC must be expressed in a categorical and clear form. The CTS decision on monetary issues must indicate the exact amount due to the employee.

The decisions of the commission are handed over in copies to the employee and administration within three days from the date of adoption.

The decision of the CCC may be revised.

If during the execution process disagreements arise between the parties to a dispute regarding interpretation, the CCC has the right to make an additional decision clarifying the first one.

It is advisable to post the decisions of the CCC in prominent places for the information of the workforce.

If the labor dispute commission does not consider the labor dispute within ten days, the interested employee has the right to transfer its consideration to the district (city) people's court.

The decision of the labor dispute commission can be appealed interested employee or by the administration to the district (city) people's court within ten days from the date of delivery of copies of the commission's decision to them. Missing the specified deadline is not grounds for refusing to accept the application. Having recognized the reasons for the absence as valid, the court may restore this period and consider the dispute on the merits.

Disputes are heard in district (city) people's courts:

At the request of the employee, administration or the relevant trade union, when they do not agree with the decision of the CCC.

According to the prosecutor, if the decision of the CCC is contrary to the law.

Directly in district (city) people's courts, labor disputes are considered on applications:

Employees of enterprises, institutions, organizations where labor dispute commissions are not elected;

Employees about reinstatement at work, regardless of the grounds for termination of the employment contract, about changing the date and wording of the reason for dismissal, about payment for forced absence or performing lower paid work.

Administration on compensation by employees for material damage caused to an enterprise, institution, or organization.

Workers on the issue of application of labor legislation, which, in accordance with current legislation, was resolved by the administration and trade union committee enterprises, institutions, organizations (divisions) within the limits of the rights granted to them.

Disputes regarding refusal to hire are also heard directly in district (city) people's courts:

Persons invited to work by way of transfer from another enterprise, institution, organization;

Young specialists who have graduated from higher or secondary specialized education educational institution, as well as persons who graduated from a vocational educational institution and were sent in the prescribed manner to work in this enterprise, to an institution, organization;

Other persons with whom the administration of an enterprise, institution, or organization, in accordance with the law, is obliged to conclude an employment contract.

Claims by employees in cases of labor disputes are brought at the location of the enterprise.

Claims by an enterprise against employees for compensation for material damage caused to the enterprise - at the employee’s place of residence.

An application to the court is submitted within three months from the day the employee learned or should have learned about the violation of his right, and in cases of dismissal, within a month from the date of delivery of a copy of the dismissal order or from the day the work book was issued.

Let us dwell in more detail on the issue of illegal dismissal:

In case of dismissal without legal grounds or in violation of the established procedure for dismissal or illegal transfer to another job, the employee must be reinstated in his previous job by the body considering the labor dispute.

When making a decision on reinstatement at work, the body considering the labor dispute simultaneously decides to pay the employee the average earnings for the period of forced absence or the difference in earnings during the period of work lower paid job, but not more than one year.

At the request of the employee, the body considering the labor dispute may limit itself to making a decision to collect the above compensation in his favor and to change the wording of the grounds for dismissal to dismissal at his own request.

Also, the administrative representative who made the decision on dismissal may be subject to sanctions regulated in Art. 214 Labor Code.

Article 214:

“Imposition of financial liability on an official guilty of illegal dismissal or transfer.

The court imposes on the official guilty of illegal dismissal or transfer of the employee to another job the obligation to compensate for damage caused to the enterprise, institution, organization in connection with payment for the time of forced absence or for the time of performing lower-paid work. Such an obligation is imposed if the dismissal or transfer was carried out in clear violation of the law or if the administration delayed the execution of a court decision to reinstate the employee at work.

The amount of damages cannot exceed three monthly salaries official.»

The decision to reinstate an employee who was illegally dismissed or transferred to another job, made by the labor dispute resolution body, is subject to immediate execution.

If the administration of an enterprise, institution, or organization delays the execution of a court decision on the reinstatement of an employee who was illegally dismissed or transferred to another job, the court that made the decision to reinstate the employee at work issues a ruling to pay him the average earnings or the difference in earnings for the entire time of the delay.

Strict compliance with the requirements of Art. 214 of the Labor Code not only contributes to the compensation of material damage caused by the guilty actions of officials to an enterprise, institution, organization, but is also an effective means of combating illegal dismissals, transfers of workers and employees, cases of delay in the execution of court decisions on reinstatement, as well as a preventive measure for such violations and a guarantee of the real exercise by Russian citizens of the right to work.

Material damage caused to an enterprise, institution, or organization in connection with payment to an employee for forced absence due to the administration’s delay in executing a court decision on reinstatement at work is subject to compensation at the expense of the guilty official, whose duties included issuing an order to reinstate the employee and who did not promptly fulfilled this duty.

For the administration to go to court regarding the recovery of material damage from an employee, a period of one year is established from the date of discovery of the damage caused.

Collective labor disputes (conflicts) arise between the administration of an enterprise, institution, organization and labor collective(a division of the collective) or a trade union on issues of establishing new or changing existing working and living conditions, concluding and implementing a collective agreement and other agreements. They are of the nature of non-claim labor disputes.

The procedure for consideration and methods of resolving labor disputes is regulated by the Federal Law “On the procedure for resolving collective labor disputes” dated November 23, 1995. This law introduced significant changes and amendments to the USSR Law “On the procedure for resolving collective labor disputes (conflicts)”.

An important stage in the issue of resolving labor disputes was the Decree of the Government of the Russian Federation of April 15, 1996 “On the service for the settlement of collective labor disputes.” It documents all the powers and purposes for which the Collective Dispute Resolution Service was created.

The Service for Settlement of Collective Labor Disputes is a state body that facilitates the resolution of collective labor disputes by organizing conciliation procedures and participating in them.

The Service in its activities is guided by the Constitution of the Russian Federation, the Federal Law "On the Procedure for Resolving Collective Labor Disputes", other federal laws, acts of the President of the Russian Federation, decisions of the Government of the Russian Federation and these Regulations.

The main objectives of the service are to facilitate the settlement of collective labor disputes, organize conciliation procedures and participate in them, implement measures to prevent and resolve collective labor disputes.

The service in accordance with the tasks assigned to it:

Organizes work to resolve collective labor disputes in collaboration with representatives of workers and employers, government bodies and authorities local government using all possibilities provided for by the legislation of the Russian Federation to resolve collective labor disputes that have arisen;

Carries out notification registration of collective labor disputes;

Checks, if necessary, the powers of representatives of the parties to a collective labor dispute;

Forms lists of mediators and labor arbitrators for consideration of collective labor disputes, determines the procedure for inviting a mediator by the parties to a collective labor dispute or appointing him by the service if the parties do not reach an agreement on the candidacy of the mediator;

Participates together with the parties to collective labor disputes in the creation of labor arbitrations, in the formation of their composition, determination of regulations and powers;

Approves the composition of the labor arbitration tribunal in the event that one of the parties disagrees with the proposed composition;

Identifies the causes and conditions for the emergence of collective labor disputes, prepares proposals for their elimination;

Provides methodological assistance to the parties at all stages of resolving collective labor disputes;

Organizes the financing of conciliation procedures in accordance with the established procedure;

Prepares operational information on collective labor disputes (strikes) in the regions of the Russian Federation and measures taken to resolve them;

Organizes work on the selection and advanced training of service workers, as well as on the training and advanced training of mediators and labor arbitrators specializing in resolving collective labor disputes;

Develops proposals for conducting research work on the problems of resolving collective labor disputes;

Studies, summarizes and disseminates domestic and Foreign experience organizing work to prevent and resolve collective labor disputes, publishes a newsletter.

Employees of the service may, in accordance with the established procedure, be involved in performing work as an expert, mediator or labor arbiter during conciliation procedures for resolving collective labor disputes.

Individual labor disputes are considered by labor dispute commissions and courts. Disagreements between the subjects of the labor relationship regarding the employer’s application of labor legislation or a labor agreement that have not been resolved by the employer and employee are resolved by the jurisdictional bodies: the CCC and the court within the limits of the rights granted to them.

The question of where a specific individual labor dispute should be resolved - in a labor dispute commission or in court - is determined in accordance with their jurisdiction.

The jurisdiction of labor disputes is the distribution of competence to resolve them between bodies vested with the right to consider labor disputes and make legally binding decisions for their subjects. Correct definition the jurisdiction of a particular labor dispute plays a large practical role, since the resolution of a dispute by an incompetent body has no legal force and cannot be enforced.

According to jurisdiction, all labor disputes can be divided into the following:

IN general procedure when the CCC is a mandatory primary stage, after which the dispute can be submitted to the court;

Directly in court, bypassing the CTS.

The assignment of a labor dispute to one of the above groups means that other bodies are either not competent to consider this dispute, or can consider it only after it was initially considered by the CCC.

The Constitution of the Russian Federation enshrines the duty of the state and law enforcement agencies to protect the rights of workers. Therefore, each employee, if he considers his labor rights violated, has the right to qualified legal assistance and, above all, to judicial protection. Protection of labor rights of subjects of labor legal relations is the means and methods established by the state and enshrined in legal acts by which labor rights and legitimate interests are protected, provided for by legislation, agreements and labor contracts. This also includes the forced restoration of subjective labor rights by bodies for resolving labor disputes and special executive bodies, as well as compensation for material damage and compensation for moral damage in the amount determined by law and other regulatory legal acts.

The protective function of labor legislation and dispute resolution bodies includes the entire set of measures to prevent, prevent and eliminate the causes that give rise to violations of the labor rights of workers and the responsibility of the organization’s leaders (disciplinary, material, administrative and criminal) for culpable violation of labor legislation and failure to comply with decisions of jurisdictional bodies made after the hearing of a labor dispute.

If the labor dispute is individual, then its nature is established: on the application of labor legislation or on the introduction of new working conditions by agreement of the subjects of the employment contract; then it is determined from which legal relationship it (the dispute) arises.

An individual dispute about the establishment of new working conditions is not within the jurisdiction of either the CCC or the court, although it arose from an employment relationship. Disputes arising from legal relations closely related to labor are also beyond the jurisdiction of the CCC and the court, for example, disputes regarding the application of employment legislation or legislation on pensions and benefits, because these relations are regulated by social security law.

Established order consideration of individual labor disputes, including their jurisdiction, does not deprive an employee of the right to appeal to a higher authority in the order of subordination or to the court with a complaint about the actions (inaction) of a specific head of the organization. An employee has the right to appeal against the employer’s illegal actions to other bodies, for example, the prosecutor’s office, federal labor inspection bodies and other structures that supervise and control compliance with labor and labor protection laws.

It is also necessary to take into account the effect on the territory of the Russian Federation of the Law on justices of the peace.

Labor disputes regarding the application of labor legislation and other regulations on labor, collective agreements, agreements are considered by: 1) commissions on labor disputes; 2) courts of general jurisdiction, as well as magistrates. A mandatory out-of-court procedure for consideration and resolution of a labor dispute is established in cases specified by labor legislation and the Civil Procedure Code.

Jurisdiction for labor disputes is an institution of civil procedural and labor law. Therefore, the procedure for considering a labor dispute depends on its nature and the subjects of the dispute, as well as on the type of legal relationship.

Determining the jurisdiction of a particular labor dispute plays a practical role, since a decision made on a dispute by an unauthorized body has no legal force and cannot be enforced.

Determining the jurisdiction of a labor dispute means establishing a jurisdictional body that is authorized to examine a specific labor dispute and make a decision on it that is binding on the parties. Thus, the CCC has jurisdiction over all individual labor disputes of a claimable nature, with the exception of those that can be resolved directly in court.

The CCC has jurisdiction over: disputes regarding the collection of wages and their amount, the application of disciplinary sanctions, etc.

KTS structural unit, an organization can only consider labor disputes within the powers of this unit or organization.

The procedure for considering a labor dispute is dictated by its nature. For example, a dispute over recognition disciplinary action illegal is resolved by the CTS, and a labor dispute about illegal dismissal for systematic violation labor discipline- directly in court. This means that based on the content of the labor dispute, it is possible to determine its jurisdiction, namely, in which initial jurisdictional body the labor dispute should be considered - initially in the CCC, and then in court, or directly in court.

At the first stage, the labor dispute must be resolved between the subjects of the employment contract by mutual agreement of its parties. Only when disagreements between the subjects of the labor relationship are not resolved either through their direct negotiations or with the participation of representatives of the elected trade union body, the parties to the dispute can turn to the help of the jurisdictional body for the protection of the subjective labor right violated, in their opinion . An individual labor dispute arises, which from that moment is legal fact, giving rise to a civil procedural legal relationship for the consideration of a labor dispute. Sometimes it replaces the employment relationship, sometimes it exists alongside it.

Peculiarities in determining the jurisdiction of labor disputes are established for certain categories of workers, namely for civil servants. They are subject to labor legislation, with the exceptions established Law on public service. Their disputes regarding dismissal, transfer to another job, or imposition of disciplinary sanctions may be considered by a higher authority or court.

The main regulations that determine the procedure for considering labor disputes are the Labor Code, Civil Procedure Code.

When considering labor disputes, jurisdictional bodies (CLC, court) apply not only the norms of labor legislation, but also the norms of civil procedural legislation (Articles 3-6, 17, 25, 39, 80, 126, 141, 197, 210, 407 Civil Procedure Code ).

The guiding decisions of the Plenum of the Armed Forces of the Russian Federation are of great importance for the uniform application of legislation when considering individual labor disputes. So, Fast. Plenum of the Armed Forces of the Russian Federation dated December 22, 1992 No. 16 provides clarifications on the application of rules on the hiring, transfer and dismissal of workers, as well as on the jurisdiction of labor disputes, Resolution of the Plenum of the Supreme Court of the RSFSR dated December 25, 1990 No. 6 “On some issues arising when courts apply legislation regulating the labor of women” Collection decisions of the Plenum of the Supreme Court of the Russian Federation. 1961-1996. M., 1997. P. 100 ensures the correct resolution of this category of labor disputes. There are also resolutions of the Plenum of the Armed Forces of the Russian Federation concerning youth labor, compensation for moral damage, etc.

The concept of an individual labor dispute

According to Art. 381 of the Labor Code of the Russian Federation, an individual labor dispute is an unresolved disagreement between an employer and an employee on the application of labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, an agreement, a local normative act, an employment contract (including the establishment or change of individual working conditions), which were reported to the body for the consideration of individual labor disputes.
A labor dispute is a dispute about the establishment of a new subjective labor right, for example the right to receive a higher salary or benefits and advantages, as well as a dispute between the parties regarding the scope of their mutual rights and obligations already established in regulations and an employment contract.
An individual labor dispute is a dispute between an employer and a person who previously had an employment relationship with this employer, as well as a person expressing a desire to enter into an employment contract with the employer, if the employer refuses to enter into such an agreement.

Legal relations related to a labor dispute arise on the basis of a statement of disagreement between the parties to an employment contract regarding the application of labor legislation or agreements on working conditions, as well as on issues compensation for material damage or compensation for moral damage. The labor dispute ends with the adoption by the court (or the CCC) of a decision to recognize a subjective dispute or to refuse to satisfy the claim, as well as the application of sanctions and other measures to prevent further misconduct employer or employee.
Protection of workers' labor rights is the means and methods established by the state by which labor rights and interests are protected, as well as their forced restoration in case of violation and compensation to the employee in full for material damage and moral harm.
The basis for the emergence of labor disputes is the failure or improper performance of labor duties by one of the subjects of the labor relationship.

Bodies for consideration of individual labor disputes

According to Art. 382 of the Labor Code of the Russian Federation, individual labor disputes are considered by labor dispute commissions (LCC) and courts within the limits of the rights granted to them.
The question of where a specific individual labor dispute should be located - in the labor contract commission or in court - is determined in accordance with their jurisdiction.
According to jurisdiction, all labor disputes can be divided into the following:
- in a general manner, when the CCC is a mandatory primary stage, after which the dispute can be submitted to the court for consideration;
- directly in court, bypassing the CTS.
The assignment of a labor dispute to one of the above groups means that other bodies are either not competent to consider this dispute, or can consider it only after it was initially considered by the CCC. The correct determination of the jurisdiction of a particular labor dispute plays a great practical role, since the resolution of a dispute by an incompetent body has no legal force and cannot be executed in the prescribed manner.
If the labor dispute is individual, then its nature is established - on the application of labor legislation or on the introduction of new working conditions by agreement of the subjects of the employment contract, then it is determined from which legal relationship it (the dispute) arises.
An individual dispute about the establishment of new working conditions is beyond the jurisdiction of either the CCC or the court, although it arose from an employment relationship. Disputes arising from legal relations closely related to labor relations, are also beyond the jurisdiction of the CCC and the court, for example, disputes regarding the application of legislation on pensions and benefits, because these relationships are governed by social security laws.
The established procedure for considering individual labor disputes, including their jurisdiction, does not deprive an employee of the right to appeal to a higher authority in the order of subordination or to the court with a complaint about the actions (inaction) of a specific head of the organization. An employee has the right to appeal against the employer’s illegal actions to other bodies, for example, the prosecutor’s office, federal labor inspection bodies and other structures that supervise and monitor compliance with labor and labor protection legislation.
It is also necessary to take into account the effect of the Law on Magistrates on the territory of the Russian Federation.
The Constitution of the Russian Federation establishes the duty of the state and law enforcement agencies to protect the rights of workers. Therefore, every employee, if he considers his labor rights to be violated, has the right to qualified legal assistance and, above all, to judicial protection.

Procedure for consideration of labor disputes

According to Art. 383 of the Labor Code of the Russian Federation, the procedure for considering individual labor disputes is regulated by the Labor Code and other federal laws, and the procedure for considering cases of labor disputes in courts is determined, in addition, by the civil procedural legislation of the Russian Federation.
The specifics of consideration of individual labor disputes of certain categories of workers are established by federal laws.
Labor disputes are divided into claim and non-claim, individual and collective. It is customary to refer to disputes of an actionable nature as disagreements arising in connection with the application of regulations on labor and labor agreements, and to disputes of a non-actional nature - disagreements arising in connection with changes or the establishment of new conditions that are not regulated by regulations and labor agreements.
Labor disputes regarding the application of labor legislation and other regulations on labor, collective agreements, agreements are considered by labor dispute commissions and courts of general jurisdiction, as well as magistrates. A mandatory out-of-court procedure for considering and resolving a labor dispute is established in cases specified by labor legislation and the Code of Civil Procedure.
Determining the jurisdiction of a labor dispute means establishing a legal body that is authorized to resolve a specific labor dispute and make a decision on it that is binding on the parties. Thus, the CCC has jurisdiction over all individual labor disputes of a claimable nature, with the exception of those that can be resolved directly in court.
The CCC has jurisdiction over disputes regarding the collection of wages and its amount, the application of disciplinary sanctions, etc. The CCC of a structural unit or organization can only consider labor disputes within the powers of the subdivision or organization.
The procedure for considering a labor dispute is dictated by its nature. For example, a dispute regarding the recognition of a disciplinary sanction as illegal is resolved by the CCC, and a labor dispute regarding illegal dismissal for systematic violation of labor discipline is resolved directly in court. This means that based on the content of the labor dispute, it is possible to determine its jurisdiction, namely, in which legal body the labor dispute should initially be considered - initially in the CCC, and then in court, or directly in court.
At the first stage, the labor dispute should be considered between the subjects of the employment contract by mutual agreement of its parties. Only when disagreements between the subjects of the labor relationship are not resolved either through their direct negotiations or with the participation of representatives of the elected trade union body, the parties to the dispute can seek the help of a legal body.