Contradictions between employee and managerhappen at many enterprises. The subject of such a disagreement may be completely different, but there are only a few procedures for solving it. How to legally properly settle a labor dispute? This will be discussed later.
Individual labor dispute
The Labor Code stipulates the concept of laborindividual dispute. This type of contradiction is the disagreement between the employer and the subordinate regarding the application of laws or other regulations that contain provisions on labor law, collective or employment contract, etc. In addition, the employee must notify the Labor Dispute Review Commission about such a problem. To do this, he needs to file an appropriate application.
The law does not specify that a labor dispute can only be formed between a management and an employee who is an employee of an enterprise. The Complaints Council is also authorized to contact:
- to persons who previously were in labor relations with this organization;
- Citizens who apply for a vacant seat in the institution.
The subject of the dispute may be unresolved issues:
- recovery of damage;
- payment of wages;
- provision of any benefits;
- other conflict moments, which directly relate to labor activity.
Lawyers recommend not to ignore their possibility of applying to the CCC for upholding legitimate interests.
Collective labor disputes
Consideration of collective labor disputesis conducted in a slightly different order. By definition, such disagreement is an unresolved claim that is advanced to the employer by a group of subordinates (for example, department, shop) about any changes in working conditions, the conclusion or performance of a collective agreement, contract or in connection with the rejection of the director or owner of the organization the views of the elected body of staff when making local (internal) regulations.
Usually a collective labor dispute involves several stages:
1.To begin with, a group of employees who are dissatisfied with working conditions or accepted innovations, submits an application to the chief of the enterprise. As a rule, this action is performed by a representative selected from the team.
2.For consideration of such a complaint, the employer is given 3 days. At that time, he must either accept the demands of subordinates, or refuse them. If the director is still ready for at least some concessions, then he should create a so-called "conciliation" commission. It should consist both of members of the leadership, and of representatives of the collective in equal numbers. The decision of such group is made out by the protocol.
3. If the parties do not reach an agreement, you can invite the mediator to solve the problem or consider the claim in labor arbitration.
4. When all of the above actions have not resolved the labor dispute, workers have the right to organize a strike, notifying the chief about it within 10 days.
When you can apply to the court
Consideration of applications from employees in anyfrom the above-mentioned commissions is a rather rare phenomenon. Many miss this stage and go immediately to court. If the CCC rejects your application, it will not decide in your favor, appeal against the decision. For this purpose, the law is given 10 days from the date of receipt of the commission's response. In any case, labor disputes are considered within three months of the violation of the rights of the employee.
In conclusion, I would like to wish you not to fall into conflict situations and work only for your own pleasure.
