Settlement of labor disputes

It is customary to call a labor disputeunresolved disagreements between the employee and the owner (the body authorized by him) of an enterprise or organization arising from the application of labor legislation or the establishment of working conditions for employees. The definition of a labor dispute does not depend on the form of ownership of the enterprise or the form of the contract.

A collective labor dispute is called if the whole labor collective or a part of it becomes its subject. Also the notion of a collective labor dispute applies to trade union bodies. The subject of an individual labor dispute is a specific employee.

The resolution of a labor dispute, whether collectiveor an individual dispute, must be conducted in accordance with the norms of labor legislation. The first, simplest and most flexible way to resolve labor disputes is informal negotiations. In this way, the conflicting parties themselvesagree on a compromise. In negotiations, the third, neutral party does not participate, but can contribute to the establishment of a mechanism facilitating contact between the parties to the conflict.

Procedure mediation or reconciliation If the solution is found by directnegotiations failed. When resolving labor disputes through reconciliation, the neutral side actively encourages both sides of the conflict to seek a compromise.

Another way to resolve labor disputes is to labor arbitration. If the parties voluntarily and by mutual consentthe agreement is passed to the labor dispute for consideration by the panel of arbitrators, then such arbitration is called voluntary. If you refer to the procedure of labor arbitration oblige legislative norms, then such arbitration is called compulsory (forced). The parties are bound to comply with the decision of the arbitrators.

In court, a labor dispute is considered on applicationone of the parties to the dispute, if this party does not agree with the decision of the labor dispute commission or at the request of one of the parties, bypassing the commission on labor disputes.

What is the subject matter for resolving labor disputes in court?

According to the Labor Code of the Russian Federation the Labor Disputes Commission is the mandatory primary body for the review and settlement of individual labor disputes. However, some labor disputes should be immediately examined in the courts.

So, In the court, such labor disputes should be considered and resolved.:

• Disputes on applications of judges, prosecutors, investigators;


• disputes on applications for applications from employees of those enterprises or organizations where there is no labor dispute commission;


• Disputes on employee applications for reinstatement at work;


• disputes on applications of owners to compensate employees for material damage caused to the enterprise;


• disputes about refusal in employment;


• Disputes on the statements of persons who believe that they have been subjected to discrimination (racial, gender, etc.).

To apply to the court or the labor dispute committee for the resolution of an individual labor dispute, the employee has the right within 3 months from the day he learned or should have learnedviolation of their labor rights. In the event of dismissal disputes, the employee has the right to apply to the court within a month from the date of receipt of a copy of the dismissal order or the receipt of the work book.

In order to resolve labor disputes concerning compensation for damage caused to the employer by an employee, the employer has the right To file an action in court within one year from the date of detection of this damage.

The employee is exempt from payment of stateduty and legal costs if he goes to court to resolve a labor dispute over the failure or improper fulfillment by the employer of the terms of the employment contract that are of a civil nature.

Resolution of labor disputes through treatmentto the labor dispute commission or to the court is recommended to be made only with the full exhaustion of the means of peace negotiations, since the negotiation mechanism is more flexible and allows finding a solution to the labor dispute faster and more efficiently, avoiding unnecessary red tape and waste of time.