Consideration of individual labor disputes in the labor dispute commission. How does the CCC meeting take place and who is on the labor dispute commission?

Most citizens inextricably link their general well-being with their own labor activity. As a rule, people thoughtfully and consciously approach their choice of profession, thereby realizing their desire for well-being, because 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, and the number of representatives of both parties should be equal. 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 members of the labor dispute commission, designed to defend the rights of workers, are selected through general meeting employees in the organization. In addition, by holding a general meeting, such commissions can be created in all structural divisions of a separate organization. The competence of a 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, deputy chairman, and secretary, who are elected from total number members of the commission. All organizational activities of the labor dispute commission, including technical equipment, are provided by the management of the enterprise.

What issues does the commission decide?

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 labor collective and 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 employee benefits;
• 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.

• 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 listed points can be made strictly within the framework of the court proceedings, however, in order of pre-trial settlement, one of the parties whose interests are 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 requiring mandatory pre-trial consideration, an initial appeal to the CCC is mandatory.

Activities of KTS

All the work of such commissions can be divided into several stages. These stages are divided into:

1. Contacting the CTS following an incident.
2. Consideration of the incident in the order of the meeting.
3. Collect additional evidence if necessary.
4. Voting of members of the labor dispute commission.
5. 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, which will express a desire to consider the current situation within the framework of a meeting of the CCC. 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 general rules writing statements. 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 given 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 for the hearing notified about it 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 applying again to consider 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; consideration of disputes must be comprehensive, objective and unbiased.

Important! 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 in pre-trial proceedings.

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, and the verdict is made on the basis of a majority of 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.

Solution

By simply counting the majority of votes, a final decision of the CCC members is formed, which indicates the essence of the dispute, the arguments and evidence considered, the legal justification and the final part with the decision made. Within three working days, copies of the documents will be given to those involved in the conflict. decision taken. 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 must 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.

Deadlines for applying to the labor dispute commission

The law provides a three-month period for applying to the CCC from the moment when the violation of rights was committed individual citizen or from the moment when the person became aware of a violation of his interests within the framework of his work activity. If the deadline was missed due to good reasons, the period in which you can contact the commission will be restored.

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 them with all accessible ways. These include:

1. Attempts to independently negotiate with management.
2. Appeal to the labor dispute commission.
3. Filing a complaint with the State Labor Inspectorate.
4. Contact the prosecutor's office.
5. Filing a claim with the courts.

Substantial part conflict situations arises due to basic ignorance of legal norms. When it is not possible to build a constructive dialogue with management, contacting the CCC is the best option. Without taking the problem outside the walls of the organization, the parties will have the opportunity to resolve the conflict the best way. To the main advantages this method pre-trial settlement of disputes may 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 legislation does not provide for the mandatory creation of a CCC, it is highly advisable for managers of companies whose staff exceeds 15 people 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 since not all citizens have the necessary legal knowledge, to fully represent their own interests you will have to spend money on a qualified specialist. Applying to the commission is not accompanied by any costs for the applicant; any employee will be able to independently defend their own interests, starting from the stage of applying 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 legislative norms, without bias and 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 terms of legal force can be compared with a court decision - if the verdict was not appealed within the prescribed period, it is binding on the same basis as a court decision.

Speed ​​of review

Appeal to other authorities, including judicial authorities, may take up to long time, while the resolution of the situation in the CTS 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, because everything Required documents if necessary, the head of the organization must provide it, while the applicant will have to undertake the provision of evidence for other authorities.

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

Either side labor relations 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 attempt a pre-trial settlement by contacting the CCC;
• if there is a decision that has entered into force in the case;
• when jurisdiction is violated.

Not only managers of enterprises and employees can file a claim in court, but also former employees, trade union organizations. 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 disputes related to work activities, citizens can also contact State inspection for Labor, which is competent to consider labor disputes. You can submit a complaint to the inspectorate in person or send it by registered mail. The complaint can also be prepared electronically directly on the regional inspection website in a specially provided form. Based on the accepted complaint, a decision will be made 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.

Prosecutor's office

In case of gross violations of labor legislation, citizens can contact the prosecutor's office. The appeal is made in writing. It takes a month to consider the case, after which the complaint can be considered by the prosecutor's office or forwarded to the State Labor Inspectorate. As in other cases, the decision of the prosecutor's office can be challenged in court if one of the parties is dissatisfied with the result of the consideration.

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What regulates the provisions on dispute resolution by the Labor and Wage Commission? What is the validity period of a disciplinary sanction under the Labor Code of the Russian Federation? What does a sample application to the labor dispute commission look like?

Prolonged conflicts at work do not lead to anything good. However, do not rush to quit or go to court if you do not have mutual understanding with your superiors. Try to solve the problem peacefully. After all, that’s what the Labor Dispute Commission (LCC) exists for.

I, Valery Chemakin, as a legal consultant, will tell you everything about this public body.

At the end of the article, I will review several companies that will help prepare documents for review.

1. What is a labor dispute commission and how is it formed?

Compliance with labor law is a mutual responsibility of both parties to the relationship. Unfortunately, it is often violated by both sides. The parties have so many claims against each other that if they were all resolved in the courts, the courts simply would not be able to do their job. That is why labor dispute commissions are created at enterprises on the initiative of one of the parties.

Be sure to read our separate article about the concept itself. Here I will note that their solution is possible in one of several options.

1. Through negotiations between the employee and the employer.
2. With the participation of an independent commission on labor disputes.
3. Submitting a complaint to the State Labor Inspectorate.
4. Consideration of a civil claim in court.

As you can see, the labor dispute commission is the authority that is in second place in popularity among workers when resolving controversial issues with management.

So why is a labor dispute commission formed? According to the law, this body is called upon to resolve conflicts within the organization without resorting to the help of outside authorities. From this it is clear that the labor dispute commission includes representatives of both conflicting parties. According to the law, they are equal in quantity.

The Labor Dispute Commission is formed on the initiative of both employees and the employer, but in its decisions this authority is guided exclusively by the rules of law. The parties cannot exert any pressure on the members of this body.

The regulations on the labor dispute commission include: the procedure for its creation, the number of members, the procedure and deadlines for making collegial decisions and appealing them, as well as other procedural issues.

2. What does the creation of a labor dispute commission provide - 3 important advantages

Often disagreements between the parties arise due to insufficient knowledge of the laws. Sometimes a simple explanation is enough for an employee to realize his mistake. In such cases, the incident is over as soon as it begins.

What issues are decided by the labor dispute commission:

• relating to salaries and other payments;
• about violations of the employment contract;
• regarding disciplinary sanctions;
• issues of payment of travel allowances and overtime;
• other personal issues that could not be resolved directly with the boss.

As we see, the body we are considering only decides. These same issues are resolved in court, but contacting the CTS directly at the enterprise has a number of undeniable advantages.

Benefit 1. Increased employee confidence

The administration of the enterprise, where the labor dispute commission is located and works honestly, enjoys well-deserved trust among employees. After all, if a manager builds his relationship with the team on the basis of the law, and not on the right of the strong, then the employees will always cooperate in any crisis situations.

Example

In a small construction company At Sibstroy, the relationship between workers and management has always been trusting. Issues within the competence of the labor dispute commission were resolved there on the basis of the law. As a result, there were virtually no violations of workers' rights.

Due to a decrease in construction volumes, management had to cut additional payments to staff, which were mandatory. However, the employees reacted with understanding to this forced measure, as they understood that management was not deceiving them regarding the current situation.

Advantage 2. Possibility of resolving a dispute within the enterprise

Litigation takes time and money. In addition, it is advisable to use the help of a lawyer to competently defend your rights in court.

The powers of the labor dispute commission make it possible to resolve the same issues without additional costs, and even directly at the enterprise.

Advantage 3. Collection of the most complete package of documents for the court

If, nevertheless, you are not satisfied with the decision of the commission and are confident that you are right, then take the entire package of documents and bring it to court. The fact is that when considering your question, the CTS requests from management all documentation related to the case. You don't have to do it yourself for the trial. The employer does not have the right to refuse to provide the commission with all information.

3. How does a labor dispute commission work - 5 main stages

The Labor Dispute Commission is a body that consists of an equal number of representatives from the team and the employer. Only if this condition is met, the commission is entitled to make legally binding decisions. According to the law, she must also have her own seal.

There are no special rules for making the seal of the labor dispute commission. It is logical if it contains the details of the enterprise.

Let me remind you that this public body deals only with individual issues, and it does not resolve the issues discussed in our other article. The enterprise documentation must contain an order to create a labor dispute commission, a sample of which can be easily found on the Internet.

We will analyze the procedure for applying to the CTS step by step.

Stage 1. Submission of an application by the employee

If, for example, you believe that you have been unfairly disciplinary action, write a statement to the labor dispute commission. The deadline for contacting the commission is 90 days from the moment the incident occurred.

Write an appeal in any form addressed to the chairman of the CCC or download a sample on our website. The main thing is that it contains short description the essence of the problem and your requirements. If you have additional documents, be sure to attach them to your application and ensure that it is registered.

Stage 2. Conducting a meeting

No later than 10 days after receiving your application, a meeting of the labor dispute commission is held, the minutes of which you must receive in your hands. If you do not want to participate in the meeting, please indicate this circumstance when submitting your application. The meeting is held only with the required quorum determined by the regulations.

Example

Sergey Petrovich worked as a foreman at Electroshock LLC. He had golden hands, but he loved to drink. At the end of the quarter, everyone received a bonus, but he did not.

The foreman was offended by his superiors and filed a complaint with the CTS. The commission meeting was scheduled three times, but he did not attend. After all, the shift was not his. As a result, the CCC quite legally left his complaint without consideration.

The commission is not obliged to consider applications from employees if they do not appear at the meeting without prior notice. written notice. However, this does not prevent you from filing an application for a new consideration.

Stage 3. Collection of necessary documents

Perhaps the documents you provide will not be enough to make an informed decision. Then the CTS will request Additional materials at the employer.

What documents may be needed:

• an order to impose a penalty or deprive of a bonus;
• time sheet;
• explanatory notes from you or other employees;
• reports;
• accounting documents.

All of them will be needed during the trial, if anything happens.

Stage 4. Voting of commission members

After collecting and studying all the materials, hearing representatives of the employer, the trade union and your personal speech, the issue of the legality of imposing a penalty will be put to a vote. According to the law, it must be secret. In this case, at least half of the representatives from both sides must participate in the voting.

Stage 5. Making a verdict

The decision is made based on simple majority votes. It contains the essence of your appeal, the arguments presented, the legal basis and a summary part. Within 3 days, copies of the decision are sent to you and the employer.

The procedure for executing decisions of the labor dispute commission provides for the fulfillment of all requirements by the administration or employee within three days. However, it begins to be calculated after 10 days, which are given to the parties to appeal the decision in court.

If the employer has not complied with the decision of the CCC, the employee has the right to seek help from bailiffs. Certificates issued by labor dispute commissions help initiate enforcement proceedings with bailiffs.

If the process of asserting your rights in the CCC seems difficult to you, contact law firms.

4. Professional assistance in resolving a labor dispute - review of the TOP-3 law firms

In many cases it will be more correct to contact law firm to resolve a conflict with the employer. This saves time and nerves.

In many law firms There are people on staff who have experience working in this particular direction. Here's an overview of some of them.

1) Lawyer

This Russian online company specializes in providing consulting legal services. It employs several hundred lawyers from all over Russia. The Lawyer portal allows them to provide services remotely via the Internet. Most often, company lawyers are contacted for advice, but specialists can prepare documents, conduct a legal examination, and even defend in court.

If you need advice on labor law:

1. Go to the Lawyer's website.
2. Find the feedback form there.
3. Enter your installation details and contacts.
4. Choose a topic that suits your problem.
5. Briefly and clearly describe the situation and ask your question.
6. Pay for the service.
7. Wait for a response.
8. Use the lawyer's recommendations and win your case.

The advantage of the company is that all services can be obtained without leaving home. Consultation can be oral or written - the difference is in cost. However, the prices are more than affordable. Thus, oral consultation can cost you only a few hundred rubles, which does not happen in other companies, where the price tag starts from 1,500 rubles.

2) Legal protection

It is noteworthy that this company was initially created on the basis of the legal office of Ekaterina Ivanovna Rodchenkova, who was engaged in resolving labor disputes. Today it is a large law firm that provides services in many areas of law.

However, requests regarding labor legislation remain among the most frequent. The cost of services for preparing documents for the labor inspectorate or court starts from 18 thousand rubles, and representation in court from 40 thousand rubles.

3) ConsulPravo

By contacting this company, you receive a free initial consultation. Specialists work around the clock, without holidays or weekends. Therefore, you will be provided with assistance at any time if you call ConsulPravo.

Services by labor law:

5. How to prevent an employee from going to court - 3 useful tips for a new entrepreneur

An employee's appeal to court is always disadvantageous for the company. After all, if he manages to prove that he is right, the company will have to not only satisfy his demands, but also pay compensation, as well as pay legal costs.

The employee’s appeal to the company does not bode well for the company. To prevent this from happening, the employer should not neglect the law, and should also follow the following advice.

Tip 1. Prevent contacting the CTS through negotiations

If you have a brewing conflict with an employee, do not try to drag it out. It is better to resolve it through negotiations and clarification. This is especially true when your actions towards the employee did not fully comply with labor laws or there were violations in the decision-making procedure on your part.

The legal status of the labor dispute commission allows an employee to enforce his rights through bailiffs. Therefore, it is better to negotiate than to resolve issues through the CCC, and even more so through the court.

Tip 2. Seek legal advice

Before making an unpopular decision that worsens the situation of employees, seek legal advice. They will explain to you all the legal consequences, which will allow you to assess the risks and make forecasts for how the situation will develop. Labor law specialists will help resolve even an urgent conflict by negotiating with a dissatisfied employee.

Example

Nikolai Mikhailovich was the head of his own company. He created it, he controlled it and believed that the law was him too. While the company was doing well, the workers remained silent.

However, a crisis arose, which forced the manager to cut not only bonuses, but even salaries. At the same time, Nikolai Mikhailovich directly said that anyone who is dissatisfied with something can quit.

His friend, a lawyer by training, warned that this could end badly. However, the director did not listen and ensured that more than 30 employees filed lawsuits. As a result, they won the case.

The company had to pay the dismissed not only what was required by law, but also various compensations. Besides, Labour Inspectorate imposed large fines. All this led to the bankruptcy of the enterprise.

Labor dispute commissions are formed at the initiative of workers (a representative body of workers) and (or) the employer (organization, individual entrepreneur) from an equal number of representatives of workers and the employer. The employer and the representative body of employees who have received a proposal in writing to create a labor dispute commission are obliged to send their representatives to the commission within ten days.

Representatives of the employer to the labor dispute commission are appointed by the head of the organization, the employer - individual entrepreneur. Employee representatives to the labor dispute commission are elected by the general meeting (conference) of workers or delegated by the representative body of workers with subsequent approval at the general meeting (conference) of workers.

By decision of the general meeting of employees, labor dispute commissions can be formed in the structural divisions of the organization. These commissions are formed and operate on the same basis as the commissions on labor disputes of the organization. In labor dispute commissions structural divisions organizations may consider individual labor disputes within the powers of these divisions.

The Labor Dispute Commission has its own seal. Organizational and technical support for the activities of the labor dispute commission is carried out by the employer.

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

Comments to Art. 384 Labor Code of the Russian Federation

1. A labor dispute commission is created in any organization, regardless of the number of personnel. It can be formed at the initiative of the employer or a collective of workers or at the proposal of a trade union body. The commission can be formed for a specific period or without specifying a period by decision of the collective meeting.

2. Determination of the order and procedure for electing members of the CCC, nomination of candidates, numerical composition CCC and term of office Art. 384 of the Labor Code refers to the competence of the general meeting (conference) of the team. This means that the procedures for forming the CCC, the voting procedure (secret or open) and other issues are decided by the general meeting (conference) directly at the meeting when nominating candidates and electing them in a local act. At the general meeting (conference), the team decides on the issue of electing the CTS in the division based on the specific conditions of the organization’s activities.

The commission is formed from an equal number of representatives of employees and the employer. In this case, employee representatives are elected at a general meeting (conference), which is convened by a representative body of employees or, if there is none, by an initiative group. The procedure for election is determined by the meeting itself. Voting can be open or secret.

Employees elected to the CCC must be familiar with the norms of labor legislation. The election of any temporary candidates to the CCC is not permitted.

3. For organizational and technical services of the CCC (paperwork, storage of files, issuance of copies of decisions and extracts from the minutes of the CCC meeting), a permanent employee is appointed by order of the employer to perform these functions. It records incoming applications, notifies about the time of the CCC meeting, etc.

Early recall of a member of the CCC elected by the general meeting is possible only by decision of the general meeting (conference) of the team (division) and in cases where this is caused by necessity. For the remaining term of office of the CTS, another employee is elected by the general meeting (conference) of the team.

4. The procedure for election, the number and composition of the CTS, and its term of office are determined by the general meeting (conference) of the labor collective of the organization (division). When nominating candidates for membership in the CCC, they proceed from business qualities workers, their knowledge of labor legislation and the practice of its application, adherence to principles, etc. Moreover, the general meeting (conference) of the organization’s staff is authorized to elect members of the CCC if more than 1/2 of the employees working in the organization are present at its meeting. An employee of this team who received a majority of votes is considered elected to the CTS if more than 1/2 of the employees present at the meeting (conference) voted for him.

It is impossible to replace a member of the CCC with another who has not been elected in accordance with the procedure established by law.

Early recall of a member of the CCC is possible only by decision of the general meeting (conference) of the team.

5. Representatives of the employer in the CCC are appointed by the head of the organization. The representative may be a deputy manager or other employees.

The purpose of creating a commission for labor disputes at an enterprise is to ensure the protection of the rights of employees and to counteract unscrupulous employers. It is created from representatives of both sides and considers individual disputes. Its decisions are of a directive nature and are subject to immediate execution.

Why do we need a commission for resolving labor disputes?

The formation is designed to solve the problems of both sides - employers also often suffer from the dishonesty of employees. Its composition, term of office, the nature of the decisions made and the rules for their implementation are established in the regulations on the labor dispute commission. It is developed after approval of the composition and definition of functions, defines competencies, term of office and procedure for holding meetings. All its points are formulated strictly within the framework of the Constitution and the Labor Code of the Russian Federation.

Both an employee of the enterprise and its manager can submit an application to the labor dispute commission if there is a personal conflict between the parties. The task of the commission is to understand the merits, determine the guilty party in accordance with the current labor legislation, the peculiarities of the functioning of the enterprise and the duties performed by the employee.

All actions must strictly comply with the law. The decision made is binding on both parties to the conflict. Neither the employee nor the employer has the right to ignore it. The only reason for failure to comply is voluntary dismissal.

Who is on the labor dispute commission?

The creation of such an internal executive body can be initiated by both the team and its leader. But it is not uncommon for this call to remain unrealized. Employees often do not want to spoil relationships with colleagues by occupying the position of a judge. The head of the enterprise is obliged to approve the regulations on the commission and not interfere with its work. Otherwise, measures of the administrative commission are applied to him - workers have the right to appeal to the labor inspectorate and the court.

The commission includes at least 15 people. The following people control and regulate its work.

• Chairman. Always behind him the last word, he approves all decisions; not a single important step is taken without his consent. He is elected from the existing members of the commission by open voting.
• Deputy. Acts as chairman in his absence and is his advisor.
• Secretary. Captures everything important points at meetings, draws up minutes, draws up decisions. A competent and experienced person is selected for this position.
• Employer representatives. Their task is to uphold and protect the interests of the employer. Appointed by the head of the company. They do not have special directive powers, that is, they cannot dictate their terms. They only bring to the attention of those present at the meeting the position of the management.

Competent, proactive and caring employees are recruited to work on the commission. They are sent a written invitation on behalf of the initiative group. At the first meeting, the candidates who agree are vested with the powers enshrined in the regulations on the commission. They are given a certificate of participation in the labor dispute commission.

From what moment is the commission considered legitimate?

The commission begins its work - accepting and considering applications - only after the regulations are approved. But the first step is to contact the company’s management and issue, on its basis, an order to create a labor dispute commission. Without it, her work is considered illegal. The reason for its creation is a recorded offense against an employee or company management. Experienced managers initiate the creation of a commission themselves even before serious conflicts arise.

How is the decision of the labor dispute commission made?

Any dispute is considered only at the initiative of the injured party - a statement indicating the problem is registered by the secretary of the commission. The law allocates 10 days for its consideration; during this period, interested parties are notified of the time and place of the commission meeting.

• The issue is brought up for consideration;
• Representatives of the parties and their arguments are heard;
• The regulatory framework is analyzed;
• A conclusion is formulated with references to the law (the Constitution and articles of the Labor Code of the Russian Federation);
• The minutes of the meeting and the decision itself are drawn up;
• A copy of the decision is served on both parties.

The decision made may be in favor of both the employee and management. It must be objective and legal. Its implementation is mandatory. Ignoring it entails sanctions provided for by the internal regulations of the enterprise and recourse to court.

It is planned to create a labor dispute commission (LCC) on the basis of the organization. Its activities are regulated Labor Code. Article 382 of the Labor Code of the Russian Federation says, Why are labor dispute commissions created?

• to resolve labor disputes and conflict situations at enterprises;
• to consider the protracted a long period conflicts.

Article 382 of the Labor Code of the Russian Federation. Bodies for consideration of individual labor disputes

Individual labor disputes are considered by labor dispute commissions and courts.

The CCC is a mandatory body whose powers may include making decisions on initial stage emergence of a conflict. Conducts its consideration in the generally established manner, based on the current labor legislation of the country. The commission also relies on regulations, which prescribe the standard of basic legal relations.

The commission is considered the primary pre-trial body, which can resolve disputes that do not have any other procedure for consideration provided for by law (Article 385 of the Labor Code of the Russian Federation). Only the employee has the right to apply for a solution to the conflict; the employer’s request is not provided for by law.

It is recommended that before seeking help from the commission, you try to resolve any disagreements that have arisen through negotiations. If it is not possible to find a compromise, a commission meets to consider the situation and make a decision.

KTS considers conflict situations of employees who perform functional responsibilities, based on the concluded employment contract when applying for a job.

An employee, from the moment he learns of a violation of his rights (Article 386 of the Labor Code of the Russian Federation), can file an appeal to the CCC within 3 months. Also, an employee who has already quit his job can file an appeal to the CCC if his dispute is related specifically to this organization. This may be the identification of incorrectly accrued wages, or the payment of settlement amounts upon dismissal has not been fully made. This is only possible if the deadline for submitting the application has not passed (3 months).

Article 386 of the Labor Code of the Russian Federation. Deadline for filing a complaint with the Labor Dispute Commission

An employee may appeal to the labor dispute commission 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 labor dispute commission may restore it and resolve the dispute on the merits.

Now you know when a labor dispute commission is created.

On whose initiative are they formed?

So, on whose initiative is a human rights subject formed? The initiators of the creation of the CTS are the employees (team) and the employer, by submitting a written request.

This process is regulated by Article 384 of the Labor Code of the Russian Federation. If the working staff refuses to create a CTS, then they are not responsible for this. The employer bears full administrative responsibility for refusal to form and form a commission.

Upon receipt of such an application, the work collective and the employer must send their representatives for membership within a period specified by law (10 days). The collective elects applicants for membership through a meeting, or members are appointed by authorized bodies. The employer creates an order for the appointment of persons approved to the commission.

What disagreements should be considered?

The commission is obliged to consider the following types of disputes:

1. whether the changes prescribed in the employment contract;
2. unlawful introduction of amendments and additions to the contract, making a decision to cancel them;
3. conditions for guaranteed wages, payment of bonuses, additional payments for part-time work, payment for night and overtime hours;
4. payment of additional bonuses for length of service;
5. about the definition working standard time, and additional rest;
6. about violation of the legal rights of employees to regular labor leave;
7. about violation of the provision of additional benefits provided for by law, labor or collective agreement;
8. on the illegality of monetary penalties for disciplinary violations;
9. identifying valid reasons for absenteeism when an employee is removed from work.

Examples of debates that the body may allow

What kind of conflicts in the workplace can lead to a dispute?

Example. The employee did not show up for work for a certain time, for a good reason, with a supporting document. But due to some reasons, he was unable to notify management on time about the reason for his absence from the workplace.

The manager, having assembled a disciplinary commission, decided to dismiss him due to absenteeism. Based on the commission's report, an order was drawn up. This order was not signed by the employee for the purpose of familiarization, which the manager did not pay attention to. The dismissed employee came out with an appeal to create a CCC to resolve his conflict. The commission decided to restore it to workplace with payment of funds for the days of his absence due to dismissal.

One more example. The employer, due to the reduction financial indicators enterprise decides to shorten the working day, and as a result, staff wages are reduced. These changes are not provided for in the employment contract. The team, upon receipt of the next payment, seeing the changes, contacts the CTS. The members of the commission decide to restore the previous wages to employees and pay the missing funds based on the wages they previously received.

Rights, responsibilities and functions

The procedure for conducting individual disputes is set out in Article 387 of the Labor Code of the Russian Federation, but the method by which the meeting process itself is conducted is not defined by law.

Article 387 of the Labor Code of the Russian Federation. The procedure for considering an individual labor dispute in a labor dispute commission

An employee’s application received by the labor dispute commission is subject to mandatory registration by the said commission. The Labor Dispute Commission is obliged to consider an individual labor dispute within ten calendar days from the date the employee submits the application.

The dispute is considered in the presence of the employee who filed the application or his authorized representative. Consideration of a dispute in the absence of the employee or his representative is permitted only upon a written application from the employee. If the employee or his representative fails to appear at the meeting of the said commission, the consideration of the labor dispute is postponed.

In the event of a second failure of the employee or his representative to appear without valid reasons, the commission may make a decision to withdraw the issue from consideration, which does not deprive the employee of the right to submit an application for consideration of the labor dispute again within the period established by this Code.

The Labor Dispute Commission has the right to call witnesses to the meeting and invite specialists. At the request of the commission, the employer (his representatives) is obliged to submit the necessary documents to it within the period established by the commission.

A meeting of the labor dispute commission is considered valid if at least half of the members representing employees and at least half of the members representing the employer are present. At a meeting of the labor dispute commission, a protocol is kept, which is signed by the chairman of the commission or his deputy and certified by the seal of the commission.

Committee application process

Employees have the right to submit an application without having an evidence base to resolve the dispute. If possible, the CCC member tries to take measures to resolve the conflict with the employer through negotiations.

To clarify all the circumstances, the employee and the employer are invited to identify the cause of the dispute.

Based on the results of conflict resolution, a protocol is drawn up, which is discussed further in the CCC. The employee has the opportunity to withdraw the application before it is considered at the commission meeting. The review is submitted through a handwritten application from the interested party, at any stage of its consideration. In this case, the commission terminates the investigation of this situation.

Regulations and deadlines for consideration of problems

All situations are considered strictly in the presence of the applicant or authorized representative. The meeting can be held without the applicant only with his written notification addressed to the commission. In case of absence from the meeting without justified reasons, the consideration is postponed. In case of repeated absence, the commission withdraws the application from consideration. In this situation, the applicant can again address his conflict to the commission; the law does not deprive him of this right.

The most important thing is that the deadline for filing an application does not exceed the established one (3 months). The dispute consideration period is 10 days.

Who can attend the meeting at their own discretion?

The procedure for making a decision is prescribed in Article 388 of the Labor Code of the Russian Federation. The commission should preferably meet during free time, which is more suitable for the applicant. The meeting itself is not a judicial procedure; witnesses can appear on a voluntary basis. They take him to open form. Anyone, without any obstacles, has the opportunity to attend this event.

How is a decision made?

The commission makes the final verdict by voting, based on the majority of votes of the commission members.

Voting takes place secretly. Both parties participating in the proceedings receive one copy of the decision within three days after the end of the process. He is endorsed by the chairman or his deputy, and a seal belonging to the commission is affixed.

What competencies does he not have?

The following actions are not within the competence of the CTS:

• replacement of staff, changes in salaries for positions, amendments to labor and service standards;
• accounting for work experience in order to receive benefits, if there is another method established by other regulations;
• increasing ranks;
• consideration of conflict situations, the resolution of which is within the competence of the courts.

To avoid having to seek help from the CTS, managers must act strictly within the law. Do not infringe on the rights of employees provided for by labor legislation. We must learn to find compromises and resolve current situations without resorting to the help of various kinds of authorities.