Labor disputes are disagreements that arise between workers and employees, on the one hand, and the administration of an enterprise (institution, organization, association) on the other, directly related to the application of labor legislation, the implementation of a collective and labor agreement, and internal labor regulations.

Labor disputes include, in particular, disputes about dismissal from work, transfer to another job and imposition of a disciplinary sanction, payment of wages, establishment of production standards, deduction from the employee’s salary of amounts to compensate for material damage caused to the enterprise, etc.

Disputes arising between the administration of the enterprise and FZMK, related to the labor interests of the entire team of workers and employees (for example, when concluding a collective agreement) or to the interests of individual divisions of the enterprise, although they are labor, are resolved not by labor dispute commissions, but by agreement between higher economic and trade union bodies.

In accordance with Art. 86 of the Fundamentals of the USSR Labor Legislation, labor disputes are considered by labor dispute commissions, factory, local trade union committees, and district (city) people's courts. Labor disputes of certain categories of workers are considered by higher authorities in the order of subordination. The procedure for considering labor disputes is regulated by the Regulations approved by the Decree of the Presidium Supreme Council USSR dated January 31, 1957 (“Gazette of the Supreme Soviet of the USSR”, 1957, No. 4, Art. 58), as well as the Fundamentals of the Labor Legislation of the USSR and Union Republics (Articles 86-94) and the Labor Codes of the Union Republics .

Labor dispute commissions are created at all enterprises, institutions, organizations and associations where there is an FZMK or a trade union organizer. The commission includes an equal number of representatives of the administration and FZMK. The number of representatives from each side is agreed upon by the administration and the trade union committee. Representatives of the administration are allocated to the commission by order of the head of the enterprise (institution, organization, association), and representatives of the trade union organization - by resolution of the relevant trade union committee from the members of this committee. At those enterprises where, due to the small number of trade union organizations, a trade union committee is not elected, a labor dispute commission is created consisting of: the head of the enterprise and the trade union organizer.

The Labor Dispute Commission is staffed for the term of office of the FZMK. The commission may include the head of the enterprise, and as a representative of the trade union organization, the chairman of the relevant trade union committee.

In accordance with Art. 90 Fundamentals of Labor Legislation, workers and employees can appeal to labor dispute commissions at any time without limitation by any statute of limitations, and in cases of dismissal - to the district (city) people's court within a month from the date of delivery of the dismissal order.

Applications on labor disputes received from workers and employees are accepted by the FZMK (or the trade union organizer - where the FZMK is not elected). Applications are registered in the register of applications of workers and employees submitted for consideration by the labor dispute commission. The commission is obliged to consider the dispute within five days from the date of receipt of the application. The application is considered in the presence of the interested employee, except in cases where he has expressed written consent to consider the case in his absence. If the employee who submitted the application fails to appear at the commission meeting twice without good reason, the commission may decide to withdraw the application from consideration. In this case, the employee can apply to the commission with a new application regarding the same dispute.

The commission has the right to call witnesses to the meeting, order accounting examinations, and require the administration to present necessary certificates, calculations and carry out other actions necessary for the correct resolution of the dispute in question.

Meetings of the commission are held in work time in such a way as to give the opportunity to attend the meeting to the summoned persons, as well as to everyone who wishes - workers and employees of the division of the enterprise in which the applicant works. At the meeting of the commission, minutes are kept, which are signed by the chairman and secretary.

If an employee does not agree with the decision of the labor dispute commission, he has the right to file a complaint against this decision with the FZMK within ten days.

The parties can apply to the court for consideration of a labor dispute only after it has been considered by the labor dispute commission and the Federal Labor Protection Committee.

SELF-TEST QUESTIONS
1. What is said in the CPSU Program and the decisions of the XXVI Congress of the CPSU on labor protection?

2. What is said about labor protection in the basic law - the Constitution of the USSR (Articles 14, 21, 35, 40, 41, 42)?

3. What is the importance of labor legislation in solving the problems of building communism?

4. Name the main provisions of labor protection legislation.

5. Concept of labor discipline and legal means of strengthening it.

6. Give the concept of a collective agreement.

7. Employment contract (hiring, transfer and dismissal from work).

8. What is the length of working time and rest time, annual and additional vacations.

9. What is provided for labor protection for women and youth?

10. What causes of labor disputes do you know? State the order in which they are considered.

Resolving labor disputes is the most important way to protect labor rights. The right of workers to consider labor disputes is provided for by the Constitution of the Russian Federation.

Labor disputes are divided into individual and collective.

An individual labor dispute is a disagreement that arises between an employee and the command of a military unit on issues related to the application of labor legislation, a collective and labor agreement, internal labor regulations, the establishment of new and changes to existing working and living conditions.

The main bodies considering individual labor disputes are labor dispute commissions (LCC), elected by general meeting(conferences) labor collective military unit, and district (city) courts.

The CCC is the primary body for resolving labor disputes arising in military units, with the exception of disputes for which a different procedure for their consideration has been established. A labor dispute is subject to consideration by the CCC if the employee, independently or with the participation of the trade union organization representing his interests, has not resolved disagreements during direct negotiations with the command of the military unit.

An employee can apply to the CCC within three months from the day he learned or should have learned about a violation of his rights. If the established deadline is missed for valid reasons, the CCC may restore it and resolve the dispute on the merits.

The CCC is obliged to consider a labor dispute within ten days from the date the employee submits the application. Copies of the CTS decision are handed over to the employee and commander of the military unit within three days from the date the decision is made.

The decision of the CCC can be appealed by the interested employee or the command of the military unit to the district (city) court within ten days from the date of delivery of copies of this decision to them.

Without a decision of the CCC, labor disputes are considered directly in the courts in the cases specified in the Labor Code of the Russian Federation:

Disputes about reinstatement;

Disputes about refusal to hire;

Disputes about changing the date and wording of the reason for dismissal, etc.

Collective labor dispute - unresolved disagreements between civilian personnel and the employer regarding the establishment and change of working conditions (including wages), conclusion, amendment and implementation of collective agreements and agreements.

If these disagreements arise, employee representatives, elected by a majority vote at the general meeting, draw up demands in writing and submit them to a representative of the command of the military unit, thereby entering into collective bargaining.

The commander of the military unit is obliged to accept the requirements for consideration and inform the employee representatives in writing about its results within three working days.

The day the command of the military unit reports the rejection of the demands of civilian personnel is the moment the collective labor dispute begins.

To resolve disagreements that have arisen, conciliation procedures are used (dispute consideration by a conciliation commission, mediators or labor arbitration), in which none of the parties to a collective dispute has the right to evade participation.

A conciliation commission is created within up to three working days from representatives of the parties on an equal basis and is announced by order of the military unit.

A collective labor dispute must be considered by a conciliation commission within five working days. The decision of the conciliation commission is documented in the protocol of the commission and is binding on the parties, and is executed in the manner and within the time frame established by the decision.

If no agreement is reached, conciliation procedures continue with the participation of a mediator or in labor arbitration.

Employees of the Service for Settlement of Collective Labor Disputes may be involved in the resolution of collective labor disputes.

The choice of a mediator is made by agreement of the parties. If an agreement is not reached within three days, a mediator is appointed by the Service for Settlement of Collective Labor Disputes.

Consideration of a collective labor dispute with the participation of a mediator is carried out within seven days from the moment of his invitation (appointment) and ends with the adoption of an agreed decision or the drawing up of a protocol of disagreements.

Labor arbitration is a temporary body formed by agreement of the parties, consisting of three labor arbitrators independent of the parties to the dispute. The composition, regulations, and powers of labor arbitration are formalized by the decision of the command of the military unit, the representative of workers and the service for the settlement of collective labor disputes.

Labor arbitration considers a dispute within up to five days, develops recommendations for its settlement, which are transmitted to the parties to the dispute in writing and become binding if the parties have entered into a written agreement on their implementation.

The procedure for resolving collective labor disputes is determined by the Federal Law “On the procedure for resolving collective labor disputes” and the order of the Ministry of Defense of the Russian Federation “On the procedure for resolving collective labor disputes in the Armed Forces of the Russian Federation”.

Control questions:

1. Report the definition of labor law, explain what relates to the subject of labor law.

2. Communicate the basic principles labor legislation.

3. Explain the concept of an employment contract and briefly describe its types.

4. Report essential and additional conditions employment contract.

5. Report what additional payments to civilian personnel can be made in a military unit?

6. Provide a list of documents that must be provided by the employee upon employment.

7. Provide the reasons for terminating the employment contract.

8. Explain the concept and characterize the main types of labor discipline.

9. Report the types of incentives applied by the command of the military unit to civilian personnel.

10. Report the types and procedure for imposing disciplinary sanctions on civilian personnel of the military unit.

11. Report the types of labor disputes and give them a brief description.

12. Report the procedure for resolving labor disputes depending on their types.

What is the statute of limitations for labor disputes? What does the concept of “labor disputes” contain and what is the procedure for resolving them? What types of labor disputes are there and how long do they take to resolve?

Isn't the law written to your boss? He doesn't pay overtime and takes away bonuses for no reason? You don’t know how to achieve justice, but are you ready to fight for your rights? Then this article is for you.

With you is a legal consultant - Valery Chemakin. IN new publication I will talk about the main provisions of labor legislation. You will learn how labor disputes arise and how they end.

At the end of the article you will find an overview of several companies whose lawyers will help in resolving conflicts at work.

1. What are labor disputes?

We all enter into work relationships throughout our lives. Some are in the role of superiors, some are in the role of subordinates. To be able to defend yourself, both need to know labor law. After all, in the process of daily labor activity Misunderstandings often arise between subordinates and superiors. This misunderstanding results in conflicts that must be resolved by legal means.

The procedure for considering labor disputes is clearly stated in labor code(TC RF). Misunderstandings between management and subordinates arise for various reasons, but most often they are associated with violations of labor regulations or the belief that such violations have occurred.

In the vast majority of cases, the initiators of the proceedings are employees who are dissatisfied with the actions or inaction of managers.

The main body involved in conflict resolution is. There is a separate article about it on our website. If she cannot solve the problem, then either party to the conflict has the right to go to court. However, it is worth remembering that the statute of limitations for cases of this category is 3 months from the date of discovery of the violation, 1 month from the date of dismissal, 1 year for financial matters.

2. By what criteria can labor disputes be classified - TOP 5 main types

Human labor activity is so multifaceted that it is impossible to create a unified classification of labor disputes.

Therefore, it is customary to distinguish at least 5 types of criteria by which this classification occurs.

View 1. By disputing objects

In the process of labor relations, misunderstandings often arise between the individual employee and the employer. The reasons for such situations are varied - from dissatisfaction with wages to the reluctance of management to compensate for overtime.

So, if the rights of individual workers are subject to challenge, then this is. Read more about them in a special article on our website. I will only say that they are considered by courts and special commissions on labor disputes, where half of the members are from the employer, and the other half from the employees.

There is another situation in which the employer is charged with violating the rights of the entire team or part of it. Such conflicts affect all employees of the enterprise and are called. There is also a separate article about them on our portal.

Type 2. By method of dispute resolution

The method of resolving labor disputes can be through litigation or non-action. In the first case, the proceedings are carried out on the facts of violation specific standards laws, regulations and other applicable provisions. Almost all individual disputes are subject to claims.

If the subject of the proceedings is the introduction of new rules and regulations or changes to existing documents, then such disputes are called non-litigious. Mainly, these include collective labor disputes, which have a special settlement procedure.

Type 3. On the subject of the dispute

The causes and conditions for the emergence of a labor dispute are divided into two large groups.

Namely:

• disputes regarding the protection of intangible rights of any of the parties to the conflict;
• disputes regarding the appointment of various payments and compensation for harmful consequences.

In the process of non-material labor disputes, an employee disputes the rights to additional leave, changes in working conditions, fairness when announcing penalties, and so on.

Type 4. By the nature of the dispute

Almost always, during disputes, issues of execution of an employment contract or various agreements are raised. They are usually called law enforcement labor disputes. If the conflict arose due to the emergence of new working conditions or after a change in existing ones, then this is a different nature of the dispute.

Type 5. According to legal relations

Legal relations in the sphere of labor are usually divided into those directly related to labor and those indirectly related to them. The subject of disputes is both labor relations and those related to them.

The first include: non-payment of wages, violation of an employment contract, unjustified dismissal or retention work book. Labor disputes of the second type do not arise when performing job responsibilities, and when solving other production issues.

Let's list some situations:

• the employer forces you to work in emergency mode or does not allow you to leave until the work is done;
• are not hired without explanation;
• employees are not allowed to take part in the management of the organization;
• requirements for retraining of personnel are violated;
• overlay rules are violated financial liability for damage caused to the organization;
• social guarantees are not fulfilled.

Have general idea on all these theoretical issues you need to properly protect your rights. How to do this - read in the next section.

3. The procedure for resolving labor disputes - 6 main stages

The type of labor dispute determines who will consider it. All individual conflicts, according to the Constitution, are within the competence of the judiciary.

However, first, the employee should contact the Labor Dispute Commission (LCC) or a higher authority, if it has the authority to overturn the decision of a lower one. This way you can go all the way to the ministry. Another official body is the one about whose activities we have separate material.

The principles for considering collective labor disputes are somewhat different. To initiate such a dispute, it is necessary to hold a general meeting, following which a written complaint must be sent to the employer.

If a response is not received within 3 days or the team is not satisfied with it, then the dispute is considered to have begun. After this, a special conciliation commission is created, which includes representatives of the employer and the team in equal proportions. This structure conducts conciliation procedures.

And now the general resolution algorithm labor conflicts.

Stage 1. Assessment of the controversial situation in accordance with the employment contract

At this stage, decide what type of labor dispute you have, since the choice of the body to consider it depends on this.

What cases does the court consider:

• on the reinstatement of a dismissed employee at work;
• about the change official reason layoffs;
• about payment for unintentional absences;
• on compensation for material damage caused by an employee;
• about unreasonable refusal to hire;
• about discrimination.

For some of these reasons, they also contact the labor inspectorate, since its decisions are binding on employers.

In other cases, it is better to begin resolving the issue administratively, that is, contact the CCC. In addition, you need to assess which of the labor laws, in your opinion, the employer violated. This is necessary for valid claims to be made against him.

Stage 2. Attempt to resolve the disagreement through negotiations and consultations

If you determine that your rights have indeed been violated, try to resolve the disagreement through negotiations with management. Justify your position based on the law. If your manager understands that you are well versed in this, he will most likely make concessions.

If you are not confident in your abilities, then hire. Read how to do this in our separate article. Most often, such specialists achieve a positive resolution of the issue without resorting to judicial authorities after the first conversation with your boss.

Stage 3. Submitting a statement on the essence of the disagreement to the competent jurisdictional authority

If justice cannot be achieved peacefully, prepare a statement to the jurisdictional body that is most appropriate in your situation. It doesn’t matter where you go, to the court or the CCC.

In any case, in the statement, reflect in detail the essence of the disagreement, referring to labor law norms. The application must be submitted with a fixation of the date of its receipt, since the CTS is obliged to consider the claim within 10 days.

Stage 4. Consideration of the dispute on the merits and making a decision

How are labor disputes resolved in the CCC?

Firstly, without an employee, the commission does not have the right to hold a meeting. The exception is his written consent. Secondly, the manager is obliged to provide all documents that the commission requires. Thirdly, 50% of representatives of both sides must be present at the meeting.

Stage 5. Appealing the decision

The entry into force of the decision of the CCC is 10 days. If you are not satisfied with the results, contact a higher authority or go straight to court. You can also write an application to the labor inspectorate, for example, in a labor dispute about dismissal. When appealing a labor dispute in court, do not forget to pay the state fee and write a statement of claim.

Stage 6. Execution of the decision made

If no one has appealed the decision made by the CCC within 10 days, the employer is obliged to implement it within the next 3 days. Otherwise, penalties will be imposed on him and enforcement proceedings will be initiated.

As you can see, the process of protecting your rights requires some preparation, so I recommend that before initiating it, you consult with professionals or even entrust them with this function.

4. Professional assistance in resolving labor disputes - review of the TOP 3 law firms

Consultations on labor disputes are provided law firms or private lawyers. Clients have access to remote services online.

I offer an overview of 3 companies that I think are best suited for this role.

1) Lawyer

This Russian Internet company provides online legal services. Consulting is also actively used. It is given both orally and in writing. Independent lawyers from all over Russia cooperate with the Pravoved portal. You can use their services wherever you have access to the Internet. It’s easy to get advice from Lawyer’s staff. It is enough to know how to use a computer.

Algorithm for obtaining consultation:

1. We go to the Lawyer's website.
2. Find the feedback form.
3. Introduce yourself and write your email address.
4. We ask our question or state the problem.
5. We pay for the service.
6. We are waiting for an answer.
7. We use the recommendations received in practice.

Free consultations are also available, but they are of a general nature. The company's lawyers will even help you draw up a statement of claim or appeal to the CCC. To do this, you need to agree on such a service through the portal.

2) Legal assistance center

This company employs lawyers with over 9 years of experience who graduated from prestigious Moscow universities. On the website you can also get a free consultation on any legal issues. The feedback form is located right on the main page.

It is noteworthy that more than half of all cases are resolved by specialists pre-trial, which significantly reduces costs and speeds up the entire process. The very fact of a lawyer from such a company coming to your manager will reduce the time required to resolve a labor dispute to a minimum.

3) Law and order

The lawyers of this company resolve labor disputes on which they have not reached a consensus in the organization. Our employees specialize in labor law, so they have very useful experience.

What the lawyers of the Law and Order firm will help you decide:

The cost of services in this company does not exceed 15 thousand rubles, the first consultation is free.

5. How to avoid labor disputes - 5 useful tips for employers

Practice in labor disputes shows that not only the employee, but also the employer suffers from them. Often he himself provokes their occurrence due to poor knowledge of the law. This entails losses for the organization, since court decisions must be executed. Even justified does not bode well.

To avoid such misunderstandings, employers need to listen to some useful tips, which are given by labor lawyers.

Tip 1. Pay for processing as required by law

Any overtime work must be paid at time and a half, and from 3 hours - at double rate. Do not ignore this provision of the law. If it is not possible to pay, write down a clause on irregular working hours in the employment contract. In this case, the employee is given additional days of vacation.

Tip 2. Follow the procedure for inviting an employee to work overtime

Please note that if you did not give a written instruction to the employee, then all of his processing is his initiative, for which you do not need to pay. But if he proves otherwise, he will have to fork out the money. Therefore, if you periodically need to involve employees in work beyond the established time, issue a written order and pay for the work as expected. Or use tip 1.

Example

Anna Vasilyeva worked in one of the government agencies as an ordinary specialist. There was a lot of work, but few employees. It was not always possible to get everything done during working hours. The boss didn’t let anyone leave work until everything was done. Nobody paid any overtime, although the employees stayed until 9-10 pm.

Anna went to court, but she was denied, since she could not provide any written orders. After this, all employees demanded that the processing be documented or registered in employment contracts irregular working hours. The boss leaned towards the second option.

Tip 3. Do not hire new employees for reduced positions

If you fired someone due to staff reduction, then the reduced positions should not appear again. After all, then the dismissal would be illegal. This means that you cannot hire other employees into the same positions from which you have just fired others. If you appeal your decision to a court or labor committee, the labor dispute will be resolved in favor of the employee.

Tip 4. Notify employees in a timely manner about changes in working conditions

If you are going to change the working conditions of your employees in your company, they should know about it in advance. The notification is made in writing and confirmed by the seal of the organization.

Labor disputes are disagreements that arise between the parties to an employment relationship. The reason is often a violation of labor legislation and other regulations, including labor law norms, as well as failure to fulfill the conditions contained in collective and labor contracts and agreements. Labor disputes and the procedure for their resolution are fixed in the current legislation.

Note: The Labor Code of the Russian Federation distinguishes individual (between individual employee and the manager) and collective (between a group of employees and management) labor disputes.

The beginning of a collective dispute is the day the employees are notified of the employer’s refusal to satisfy their claims or the manager’s failure to notify the decision taken. When drawing up a protocol of disagreements (for example, during collective negotiations), the start date of the collective dispute is the day the specified document was drawn up.

The concept of jurisdiction of labor disputes

The procedure for resolving disagreements arising between the parties involves determining jurisdiction and jurisdiction. Jurisdiction must be understood as the distribution of competence to resolve labor conflicts between the bodies that have the right to consider them. Art. 382 of the Labor Code of the Russian Federation provides that disagreements in the labor sphere are resolved by courts and labor commissions.

There are certain types of jurisdiction over labor disputes:

Some labor disputes are subject to resolution by higher authorities if their party is an employee included by the legislator in a separate category of workers (for example, minors, persons with family responsibilities, etc.).

The concept of jurisdiction of labor disputes

Jurisdiction is understood as the property of a labor dispute, by virtue of which it is referred to a specific court. If the plaintiff has incorrectly determined the jurisdiction, the time frame for resolving the disputes that have arisen is increased by the period of redirecting the statement of claim to another court.

The procedure for resolving individual disputes is clearly regulated by the legislator, who also establishes the types of jurisdiction:

Statute of limitations

An employee who wants to protect his labor rights in court should not forget about the deadlines for filing a claim. After all, after a certain time, the deadline will be considered missed, and the chances of winning the case in court will become minimal. You can read about the limitation period for labor disputes.

1. Generic. The court in which the case will be heard is determined by the nature of the claims specified in the claim:
   1. Justices of the peace do not consider cases arising from labor relations, with the exception of cases of enforcement proceedings, if there is no dispute about the right (for example, the employee was accrued wages, but not paid).
   2. District courts hear a large number of cases of labor disputes, if they are not within the jurisdiction of magistrates or courts of constituent entities of the Russian Federation.
   3. The courts of the constituent entities of the Russian Federation are considering claims with demands to recognize the strike as illegal and to disclose state secrets (find out when a strike can be declared illegal).
2. Territorial. Distribution of claims between authorities of the same level according to their location. The Code of Civil Procedure of the Russian Federation establishes that claims are filed at the place of residence of the defendant ( individual) or at the place of registration of the defendant ( legal entity). If the place of registration of the individual entrepreneur is unknown, then the claim is sent to the court located at the location of most of the defendant’s property.
3. Negotiable. Applies when there is agreement between employees and the employer on the issue of in which court the hearing of the case will take place.
4. Exceptional. Involves the plaintiff's appeal to a specific court specified in the law.
5. Alternative. The right to choose a court remains with the plaintiff.

Procedure for resolving collective disputes

Our specialist will answer all your questions on the topic of the article in the comments.

The emergence of disagreements in institutions is not uncommon, but, unlike simple ones, labor disputes and their resolution are regulated at the legislative level. The features of individual and collective labor disputes differ significantly.

A labor dispute is a contradiction that arises between employees and the management of an organization regarding issues of payment terms, duration of vacation, dismissal, etc.

Any unresolved disagreements that arise are considered an individual labor dispute. They affect working conditions, relationships with management, acts and norms of labor law, agreements and collective agreements.

These contradictions may arise between the organization and the worker or former employee, or a person who is an applicant (if the enterprise refuses registration).

Causes of labor disputes:

• changes regarding working conditions;
• inability to take advantage of vacation or required days off;
• disciplinary measures;
• and others.

Individual labor disputes are analyzed and resolved by commissions and courts. However, the State Inspectorate does not consider such situations. This authority carries out inspections, and if facts of violation of the law are identified, it issues an order to the employer that must be fulfilled.

Dispute Resolution Commission

The commission dealing with such issues is formed at the enterprise and consists of an equal number of representatives of employees and the employer. The first party is appointed by election or after approval at a general meeting. Management members may be included in the commission body after appointment by the head.

A worker of an enterprise whose rights have been violated may appeal to the commission within 3 months from the date on which the violation became known. If he was unable to apply on time by good reason

, the commission council has the right to accept his appeal.

The procedure for considering disagreements must be carried out in accordance with Art. 387 of the Labor Code of the Russian Federation, according to which the commission considers the application of an employee whose rights have been infringed within 10 calendar days.

Collective labor dispute, consideration and resolution

A collective labor dispute (in accordance with the Labor Code of the Russian Federation, Article 398) is an unresolved disagreement that has arisen between workers and the management of an enterprise.

• It may concern:
• The procedure for concluding collective agreements.
• Working conditions.
• Payment issues.

Refusal of management to take into account the decision of the elected body of the collective on the adoption of regulations at the enterprise on working conditions. According to federal law on the procedure for resolving collective labor disputes

• (No. 90 of June 30, 2006), to resolve the situation, step-by-step procedures are prescribed, including: Conciliation commission
• . Its creation must be made within 3 working days from the date of conflict between the enterprise and employees. This step is required. Invitation of a mediator
• , which can be an independent specialist, a service for resolving collective disputes. Arbitration

. It is formed as a temporary body to resolve the situation.

If you decide to go on strike, you must notify the employer in writing no later than 5 working days in advance. If it is declared by a trade union, the employer must be notified in writing no later than 7 working days.

Consideration of labor disputes in court

The following may apply to court to resolve disagreements with an application:

• employee;
• employer;
• trade union.

Consideration of labor disputes is carried out in the following situations:

• an employer or employee who did not agree with the commission’s conclusion;
• prosecutor, when the decision violates the Labor Code of the Russian Federation or other acts.

The time frame for considering labor disputes in court from the date of filing the application is about 2 months. When the purpose of the claim is reinstatement to the previous place of work - up to one. The consideration period may be extended if it is necessary to postpone the proceedings. As a rule, this happens if the plaintiff fails to appear or new witnesses are interviewed.