Labor disputes and the order of their resolution. Basic moments

Everyone at any time can run into work with injustice towards themselves. Perhaps, it will be illegal dismissal, refusal to pay compensation or infringement of other rights. In order to obtain justice from the employer, it is necessary to know the legal norms regulating labor disputes and the procedure for their resolution. This article will discuss the main ways to resolve such conflicts.

The concept of labor disputes

Labor disputes are disagreements that may arise between subjects of legal relations governed by labor law. They are divided into individual and collective.

The emergence and consideration of labor disputes takes place in several stages:

1. Violation of the right of one or a group of employees.

2. The emergence of disagreements between the parties in assessing the circumstances of the incident.

3. Resolving the situation in a pre-trial order.

4. Protection of the violated right in the jurisdictional body.

Individual labor disputes and the procedure for their resolution

The subjects of such relations are a separate employee and employer. The dispute can arise in the event of violation of labor laws, clauses of the employment contract, agreements, collective agreements, as well as in the presence of disagreements on the application of a certain rule of law.

Individual dispute will be considered:

- if the employee is or was previously an employee of the employer's enterprise;

- if the person expressed the desire to formalize the employment contract, but the employer was refused for disrespectful reasons.

Such disputes will be considered as follows:

1. The general order. In this case, the decision will be assigned to the labor dispute commission, which is established for one year. It consists of representatives of the employer and the trade union. The decision must be unanimous. If the employee does not agree with him, he can apply to the court. In this case, it is necessary to consider the terms of circulation.

2. Some labor disputes are subject to consideration only in court. When submitting a statement of claim, do not forget about the jurisdiction. The court decision is executed according to the general rule, only upon its entry into legal force. But in case of restoration at the former place or payment of wages - immediately.

3. In a special order, disputes of certain categories of employees by higher authorities to which they are subordinated are considered. When making decisions, they are guided by the legislation and the company's charter.

Collective labor disputes and the procedure for their resolution

The subjects of such relations are a group of employees and employers (or its representatives). Such disputes take place when there are disagreements about working conditions (establishment or modification), implementation or modification of collective agreements, and ignoring the views of trade unions by the employer at the time of adoption of internal regulations.

Legislation regulating such labor disputes and the procedure for their resolution, provides for several stages of consideration:

1. Decision making by the Conciliation Commission. It consists of two sides of the labor dispute in equal numbers. The decision is made out by the protocol. It is compulsory for execution on the specified dates for all participants.

2. If agreement was not reached in the conciliation commission, an intermediary is invited to resolve the case. His candidature is approved by agreement of the two sides. This stage is not mandatory.

3. If the participants in a collective dispute have not been able to resolve their conflict with the help of a conciliatory commission or an intermediary, then labor arbitration will decide in this situation. Forming and preparing lists of arbitrators from the parties to the collective agreement will be a state body that deals with the settlement of collective labor disputes. Specialists (lawyers or economists) may also be involved. The decision is mandatory for execution.

Thus, the legislation regulating labor disputes and the procedure for their resolution protects the rights not only of workers, but of employers.