The limitation period for labor disputes. Lawyer for labor disputes

In the labor legislation there is no such thing as limitation of actions. It is applicable only to disputes arising from civil legal relations. Nevertheless, there is article 392 in the TC. It speaks about the length of time a staff member can apply to a judicial authority to consider a dispute arising out of service relations. Therefore, this period of time can also be called the limitation period, which is applied in accordance with the LC RF.

Definition

The limitation period for labor disputes is a period of time during which a person has the right to apply to the court for the protection of his interests. This can be done by both the employee and the employer, if the material damage was caused to the subordinates. For this, the head has exactly one year. The limitation period for labor disputes on dismissal from work is a month, the counting of which begins from the moment when the subordinate received a copy of the order. Of course, if the employee appealed to the court later than in the specified period of time, he will be accepted. But only he will need to prove that the period is missed for valid reasons (business trip, illness and other emergencies). Otherwise, the court will refuse to consider the application without examining any circumstances of the case.

The limitation period for labor disputes, which are not related to the termination of the employment relationship with the employee, is only three months. Its countdown starts from the moment when the latter found out about it. There are a lot of such examples in practice, because employers very often violate the law (wage arrears, non-payment of vacation pay).

In most cases, the limitation period for labor disputes is called the claim. Because everyone is used to the fact that disputes in court are resolved in the civil procedure. Nevertheless, these two concepts are not connected in any way, as they relate to different branches of law.

Changes

At the beginning of October this year, minor amendments were made to article 392 of the TC. Now the limitation of actions for labor disputes, which relate to delays in the payment of wages and other money due to the employee, is one year since the employee learned about the violated right. Prior to this, this period of time was equal to only three months. After its expiration, the courts refused to accept applications without examining all the circumstances of the case. The statute of limitations on labor disputes, which are related to the termination of service relations, as before, is a month.

If the period is missed

In such a situation, the judicial authority refuses to consider the application and is not even interested in the circumstances of the case. But this can be avoided by submitting an appropriate petition, which indicates the valid reasons for missing this period. Among them may be: a human disease, a long trip, care for a disabled family member. The main thing is for the court to be respectful. Otherwise, the application will be returned back without consideration. Therefore, it must be remembered that the limitation period for the claim on labor disputes starts to count from the moment when the citizen learned of the violation of his interests. This period can be from a month, but only with illegal dismissal, as well as a year if the dispute is caused by a delay in the payment of funds. Therefore, it is possible to restore the limitation period for labor disputes only in court.

For the manager

As article 392 of the Labor Code states, the head may apply to the court for compensation for damages to his subordinates only within a year after his discovery. This will also be considered an individual service dispute. At present, the interests of the manager and the subordinate are equal, because the limitation period for both parties is only one year. A more rapid resolution of the situation can be helped by a labor lawyer who specializes in this. Best if he is an employee of the organization. In this case, it is likely that the parties will be able to resolve their relationship without trial and resolve everything peacefully. The employer, the labor dispute lawyer, will also be able to help in drafting a claim and presenting interests in court.

Professional protection

A labor disputes attorney is a qualified lawyer who carries out his activities on the basis of the status assigned to him. Its tasks in this case include protecting the violated interests and rights of the employee or manager using all legal methods.

The LC RF has many different aspects for detailed and in-depth study, therefore the labor disputes lawyer is a specialist with a narrow profile with extensive experience in this matter.

CCC

Every employee who believes that his right has been violated can apply to a special commission for resolving labor disputes. As a rule, it is created from an equal number of people invited by employees and the head. The consideration of individual labor disputes in this body takes place within 10 days from the date of the transfer of the application. In this case, the employee must be present personally. In the event that the employee did not appear at the appointed time for the meeting of the commission, it will be postponed. The employee has the right to authorize the participation in the meeting of his representative. At repeated absence of the specified persons the question can be removed from consideration by the commission. Therefore, if the employee wants the dispute to be considered without his participation, then he must report this to the body in writing.

The limitation period for applying to the commission for resolving labor disputes is three months. It considers only those issues that can be resolved in a pre-trial order, without the participation of state bodies.

By agreement

If the employee is dismissed for this reason, the employee may apply to the court for assistance if he believes that this was done illegally. Termination of the employment contract in this case must be properly executed by drawing up an agreement, in which the date and certain conditions, the amount of payments should be indicated. In practice, there are often such situations that the employee did not want to quit, but the employer insisted on this, and thereby violated his right to work. In this connection, the latter decided to appeal the termination of the employment contract through a judicial body. At the same time, many lawyers say that if you are dismissed on this grounds, it is almost impossible to achieve a restoration at work, especially if all the conditions in the agreement have been met and the money has been paid in full. But despite this, the citizen has a month's time to appeal. So it says art. 392 TC.

Withholding payments

In the event that an employment contract with a citizen has been terminated, he is entitled to receive salaries and other amounts on the last day of his official work. If the chief evades the transfer of funds to the employee, the latter may apply to the judicial authority for the protection of his rights. To do this, he is given a deadline of exactly one year.

In the event that the employment contract with the employee has not been terminated, but the manager does not pay the money in a timely manner, a person can apply to the judicial authorities for any time. Because in this case there will be a continuing nature of service relations. And the court will not have the right to refuse the citizen in the consideration of the application.

Effects

In the event that an employee for any reason has missed the statute of limitations for resolving labor disputes, this is not grounds for refusing to accept his application. If this happens, then the person will have an extra reason to appeal to a higher authority. Therefore, the judicial body accepts the application for production, and already at the preliminary hearing it can make a relevant determination, in which it will refuse to satisfy the claims. In this case, the employee can independently explain the reasons for missing the period established by the Labor Code and provide evidence that they were respectful (illness, business trip, care for the disabled). If the court supports his explanation, he will set a date for the consideration of the claim on the merits. Otherwise, the requirements will be denied.

Arbitrage practice

At present, the rights of employees are very often violated by the heads of organizations. This is due to improper reduction, non-payment of wages, and retention of vacation pay. In this case, a person has only one way out - this is going to court.

For a more complete understanding of the topic, we give a conditional example.

The citizen was dismissed from the organization on the initiative of his supervisor. The latter considered that his subordinate does not correspond to his position, although there were no visible grounds for this. The employee did his job competently and was very disciplined, there were no complaints from clients. Then the citizen appealed to the judicial body with a statement on reinstatement at work, because he considered that the head had violated his rights and interests by illegal dismissal. But the application was submitted to them a few months after the termination of the contract.

The court on labor disputes finds the plaintiff's conclusions to be legitimate and justified. In addition, the citizen provided documentary evidence that he was on sick leave after his dismissal, so he missed the time for appeal for a good reason. This fact is confirmed by a sheet of incapacity for work. Therefore, the court decided the claims of the plaintiff to satisfy and restore it at work.

From the foregoing it can be seen that the application of the limitation period for labor disputes plays an important and even decisive role in the consideration of citizens' applications. In the event that the court acknowledged the reasons for missing this period disrespectful, he would refuse to meet the requirements.

General information

The period during which a citizen can apply to a judicial authority for the protection of his rights is called the statute of limitations. It can be different, depending on what kind of violation committed by the head or the employee himself.

So, for example, in case of non-payment of wages, an employee can file an application with a court within a year. This period is counted from the moment when the delay in the transfer of funds began. Previously, this period was three months, but the changes introduced in the RF TC equaled the rights of the subordinate and the chief. It should also be noted that the employee can apply to the commission for the settlement of disputed service issues. Within ten days, his application must be considered.

The period for appealing against illegal dismissal is exactly one month. It begins with the moment when a person was handed a work record or a copy of the order to terminate the service relationship.