Individual labor disputes - there is always a compromise

At any enterprise and in the organization there is a manager who is an employer and employees. Between them, labor relations are established in accordance with labor legislation and other legal regulations. Between them, there may be any disagreement about changing working conditions, reducing wages, on labor or collective bargaining, some advantages, the scope of duties and rights established in the contract and acts. If they can not be resolved, they arrive at a committee to resolve these differences

Individual labor disputes are the incompatibility of the views and opinions of the employee and employer to apply a new subjective law, different from contractual. This may be the right to a higher salary, relative to the amount of duties performed, or the right to benefits or benefits for which the worker claims.

Individual labor disputes are recognized as a disagreement between the manager who provides the work and the person who was with him in the relationship of the employment contract, and even by the person who expressed willingness to enter into this relationship (if the employer refuses to enter into this relationship.

Individual labor disputes are considered both in court and in the labor dispute committee , depending on jurisdiction. Hence, one of these two groups is not competent to consider the dispute, or after the decision of the CCC, consideration must be submitted to the court. But in any case, the case must be considered by the competent authority. In addition, any employee and employee has the right to complain to higher authorities or to the court about the conduct and actions of the head of the enterprise, as well as the prosecutor's office and the federal labor inspectorate.

The rights of employees are protected by the Constitution of the Russian Federation, therefore, in the event of violation of contractual labor rights, he always has the full right to professional legal assistance.

Individual labor disputes and the order of their resolution are reflected in the Labor Code of the Russian Federation and in the Civil Procedure Law of the Russian Federation.

Labor disputes, in addition to individual and collective disputes, are litigious and inexcusable. The former include disputes over the application of labor contracts and regulations, while the latter include different opinions when establishing new, unrecorded working conditions, unspecified in regulatory enactments.
The procedure and time for examining a labor dispute is determined by its nature. If the recovery of the discipline of the CCC can be considered illegal, then the dispute about dismissal for a permanent violation of discipline at work is allowed only in court. But there is also a primary stage in the resolution of the conflict - a mutual agreement of the parties.

And only if in this case the disagreements are not eliminated, the issue for consideration goes to the CCC, and then to the courts. The composition of the Labor Disputes Commission, its strength and duration are elected by the meeting of the labor collective. To recover their rights at the enterprise, the employee who learned about their violation must apply to the CCC no later than three months.

All individual labor disputes, their peculiarities and decision-making on them occur according to the Constitution of the Russian Federation, the Civil and Labor Code of the Russian Federation.