On guard of the labor law - the Labor Disputes Commission

In our time, individual labor disputes that arise between the manager and the employee are quite common. They are related to issues of labor remuneration, working conditions and other violations in the field of labor legislation, which you simply can not solve by negotiating with the administration. Therefore, more and more often the people turn to the courts, bypassing the bodies of pre-trial resolution of the individual confrontation "employee-employer". It is the Labor Disputes Commissions that are called upon to monitor compliance with the legislation.

And, in fact, what is called an individual labor dispute? These are unresolved, unresolved disagreements between the employee and the head, which are declared to the body authorized to resolve such issues. Although not only with the employee, but also with the former employee, the employment relationship with which has already been terminated.

Therefore, today we will also talk about a public body, which is the labor dispute committee, or rather, the labor dispute committee. It includes an equal number of representatives from the collective of employees and the administration. Representatives of employees are nominated to the commission at the meeting, and representatives from the administration are appointed by the head. The Labor Disputes Commission may be elected not only in the organization, but also in its separate divisions. The basic requirement - in the organization or its subdivision should work at least 15 people.

That there were no violations of the rights of workers and their legitimate interests, the commission's activities should be determined by uniform rules that would meet the interests of employees. Therefore, the organization should be developed and approved by the general meeting of the collective regulations on the commission.

What issues can the labor dispute commission resolve? Usually these are questions of application of laws and legal acts that relate to labor law, labor and collective agreements and agreements.

If the employee was unable to resolve his issue with the employer on his own, he can apply with a written application to the so-called "conciliatory" commission established in the organization. The application is compulsorily registered and no later than ten calendar days is heard at the meeting of the commission. In the three-month period from the time when the employee saw a violation of his rights, he can apply to the commission at the enterprise. But if this period is violated for valid reasons, then the dispute can essentially be resolved at an unspecified date.

The dispute between the two parties is considered in the presence of the employee, or, in extreme cases, his representative. If the employee or his representative could not attend the meeting of the commission, the issue will be considered without them only on a written application. If there was none, consideration of the matter is postponed for another time. If you re-fail to attend the meeting without good reason, the commission may not consider this issue any more.

The Commission on Labor Disputes may invite experts to its meeting, call witnesses. The head of the organization in which the conflict situation arose, is obliged to present to it in a timely manner all the documents necessary to resolve the issue.

The Labor Disputes Commission decides by secret ballot. A copy of the decision of the commission, signed by the chairman or his deputy and stamped, is given to the employee himself and to the head of the organization no later than three days after the day of its adoption.

The decision of the commission on individual labor disputes must be compulsorily carried out within three days after the deadline for appeal (usually 10 days). If the decision of the commission is not carried out, the employee is issued a certificate, which is a document for execution. Such a certificate may not be issued only if the employee has notified in writing about the transfer of the case initiated by him to the court.

An employee who is not satisfied with the decision made by the commission may appeal to the court and appeal against him within a period equal to 10 days from the day of handing this copy to him. However, he must decide whether to apply immediately to the commission on the disputable issues of his organization or directly to the court.