Certificates of the labor dispute commission issued on the basis of its decisions
If the decision on a labor dispute made by the labor dispute commission (hereinafter referred to as the LCC) was not executed within the proper time frame, this body issues a special certificate to the employee.
Based on such a certificate, the bailiff will subsequently execute the decision of the CCC (Article 389 of the Labor Code of the Russian Federation). The following should be taken into account:
- An employee can apply for such a certificate after 13 days from the date of the CCC’s decision (10 days for challenging plus 3 days for actual execution), but no later than 1 month;
- the period allotted for handing over the certificate to the bailiff is no more than 3 months from the date it was received by the employee;
- if any of the parties to the employment contract during the mentioned period applied to transfer this dispute for resolution in court, the certificate will not be issued;
- if an employee, for objective reasons, missed the deadline for applying for such a certificate or the deadline for submitting it to the bailiff, the CTS may restore this deadline.
IMPORTANT! The CTS certificate has the same legal force as a judicial act. In addition, such certificates are directly classified by law as enforcement documentation (clause 4 of Article 12 of the Law “On Enforcement Proceedings” dated October 2, 2007 No. 229-FZ). Therefore, if the employee’s demands were satisfied by the CTS, then there is no need to go to court for their re-satisfaction. However, to recover moral damages and interest according to the rules of Art. 236 of the Labor Code of the Russian Federation and legal costs are quite realistic (for example, the decision of the Station District Court of Tula dated March 15, 2016 in case No. 2-290/2016).
Council seal
Each labor dispute commission is required to have a seal. The employer must provide it to the committee. In this case, the seal is made according to an established and generally accepted pattern. A management representative must also pay for its production.
The commission's seal must appear on any document signed by the head and his deputy, as well as on all decisions on working disputes.
5. certificate of the labor dispute commission
The period during which an employee can apply to the commission for the issuance of a certificate is established and is one month from the date of the CCC’s decision.
The bailiff initiates enforcement proceedings on the basis of a writ of execution (CCC certificate) at the request of the employee. The application is signed by the employee or his representative.
The representative shall attach to the application a power of attorney or other document certifying his authority. Certificates issued by labor dispute commissions can be presented for execution within three months from the date of their issue (Part 5 of Art.
21 of the Law on Enforcement Proceedings).
More on topic 4.5. Certificate of the Labor Dispute Commission:
An application for clarification of the provisions of the certificate, the method and procedure for its execution is considered by the CCC within 10 days from the date of its receipt (see Article 32 of the Law on Enforcement Proceedings).
Having recognized the reasons for missing a deadline as unjustified, the CCC has the right to refuse to restore the deadline. In this case, the decision of the CCC is not enforceable.
The decision of the CCC is subject to execution within three days after the expiration of 10 days provided for appeal (Part 1 of Article 389 of the Labor Code).
In case of failure to comply with the decision of the Customs Service within the prescribed period, the employee is issued a certificate, which is an executive document (Part 2 of Article 389 of the Labor Code, Article 12 of the Law on Enforcement Proceedings).
Article 389. Execution of decisions of the labor dispute commission
Info The decision on the return of the writ of execution indicates the basis for the return of the certificate, sets a deadline for eliminating the violations committed if the basis for the return was failure to comply with the requirements for the writ of execution. If the violations are corrected within the prescribed period, the CTS certificate is considered received on the day of initial receipt by the bailiff. Attention Violation of the deadline established for eliminating the violations committed does not prevent the secondary sending of the writ of execution to the bailiff in the general manner after the elimination of these violations. The decision to return the certificate can be appealed within 10 days (Article 10 of the Law on Enforcement Proceedings).
Sample certificate of the labor dispute commission
There is no unified/standard sample of such a document in the legislation, therefore the certificates are drawn up according to a template approved by the relevant local documentation of the employer (if any).
As a template for developing a form of a labor dispute certificate, the template we offer can be used, which can be downloaded from the link: Labor dispute commission certificate - sample.
Such a document must reflect the decision of the CCC on a specific labor dispute and indicate the date of its issuance.
The document is signed by an authorized person of the CCC (for example, the chairman).
So, if the decision of the CCC is not implemented within the time limits regulated by law, then the corresponding employee is entitled to apply to the said body to obtain a certificate, which in its legal essence is a type of executive documentation. On its basis, the bailiff can carry out the execution of the decision of the CCC.
According to the legislation of the Russian Federation, a labor dispute commission is formed to consider personal disagreements in companies, firms, enterprises and is the primary body.
Such bodies are formed at the request of employees or management (or from consent). They are staffed by company representatives who are selected by voting by the entire team. Such commissions exist in most modern companies and help resolve conflict situations in accordance with the law.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!
Certificate
In situations where the decision of the CCC was not executed or appealed within the prescribed period, the commission issues a special writ of execution to the applicant in whose favor the decision was made.
What does the ID look like?:
- The document must necessarily contain information about the name of the CCC and the date of the decision on the case under consideration.
- Information about the issuance of the certificate is also entered (date, signatures of the chairman or secretary with a transcript), the data of the citizen on whose claim the dispute was initiated is stated, and information about the decision made is recorded (read about on whose initiative the commission is formed, read here).
- The document is certified by the seal of the commission.
Directions of the committee's work
Once it has been decided to organize a commission, authorized people are sent
within 10 days Elections to the committee take place at a staff meeting. Based on the outcome of the vote, structural departments of the commission may appear that will deal with different areas and issues. It all depends on the size of the company and the number of employees. Organizational work is carried out by the employer. The commission itself selects its head, his deputy and assistant. The commission can examine those disagreements that are not included in the structure of the Labor Code of the Russian Federation and are not subject to the intervention of the district court. Labor disputes are dealt with by a committee if a minister cannot resolve issues with someone from management on his own.
An employee has the right to apply:
- within 3 months from the moment of violation of his rights;
- 30 days after dismissal for violation of the employment contract;
- indefinitely if wages are not received.
When calculating the expired period, you need to take into account that the countdown begins from the next day after the dispute arose.
Possible reasons for employees to contact us
Employee claims that can be submitted as an application for labor disputes:
- defining working relationships;
- wage reimbursement;
- night work allowance;
- remuneration for service on holidays called public holidays;
- payment for overtime work;
- compensation for unserved vacation;
- payment of penny;
- establishing the nullity of refusal of an employment contract.
Application and applications
The employee writes a statement indicating the basis for the debate. Certain documents are attached to it that can confirm the employee’s hypothesis or refute the employer’s decision. Applications must convey a certain meaning. It is advisable to number them.
Decision making procedure
The conclusion of the commission is a secret vote of its representatives. According to the majority of votes, a provision is made, which is written down and is an official document. We explain in detail how the labor dispute commission makes decisions in this article.
The resolution should cover:
- name of the company or firm, full name superiors;
- FULL NAME. employee, his position in the enterprise;
- the subject or cause of the dispute;
- date of filing the claim by the employee;
- FULL NAME. all members of the working group, as well as other persons who are at the meeting;
- the decision made (reasoning and reference to the law);
- voting results.
Within three days, the commission is obliged to issue copies of the conclusion to both parties to the labor dispute.
You will also be interested in this article, which talks about the consideration and resolution of collective labor disputes.
Regulations on CTS
Taking into account the most frequently encountered reasons for appeal and industry characteristics of enterprises, its preparation has certain specifics :
- It is mandatory to set out information about the procedure for forming the commission, the general provisions of its work, the assigned name and powers.
- A list of regulatory and legal acts, directives, and instructions used for decision-making is also indicated.
- One of the main components of the regulation is the definition of the competence of the commission. The basis for its formation, the rights and responsibilities of specific members of the CCC are outlined.
- The regulations determine the procedure for receiving applications from applicants and the methods and regulations for organizing meetings.
The procedure for making decisions on disputes by the CCC, as well as their implementation or appeal by the parties, is included in the list of procedural subtleties set out in the document.
Commission protocol
A protocol is an official document that records the decision made and the progress of the meeting itself.
The protocol should look like this:
- The name of the organization or subsection specializing in this issue is written at the top, followed by the date of the meeting and the city.
- Full name must be indicated. chairman, his secretary and other members.
- The agenda is indicated: the basis for the employee’s application, his personal data, place of work, and position are indicated.
- The parties who were heard during the meeting are indicated: the employee and the employer.
- All speakers at the meeting, as well as the parties to whom they testify, are noted.
- Brief resolution of the commission.
The signature of the chairman and secretary with transcripts of the full name is affixed. and date.
You can from here.
Contents and preparation of the application
In order to correctly draw up an application to apply to the labor dispute commission, the submitter needs to take care of entering a certain list of information into the form .
- The addressee must be indicated - the authority to which the appeal is made (in this case, the CCC).
- Next, you should enter information about the applicant himself. Namely: full name of the applicant or his representative, position held, if any - specialty or professional affiliation, contact information (telephone, postal address).
- Then the type of document is indicated - in this case, “application”; the main requirements for the employer are stated, with evidence of violation of labor rights.
- It is very important to indicate the date - the moment from which the employee’s rights were violated.
- We indicate in the application the amount of the claim and the justification for its size, if the subject of the dispute has a material calculation.
- Signature and date of its preparation.
Commission certificate
If the commission’s decision is not fulfilled by the employer or other management representatives within the prescribed period, then, in accordance with the Labor Code of the Russian Federation, the employee receives a special certificate from the commission. This document is a writ of execution issued by commissions.
It states:
- the name of the body (commission) that made a decision on this dispute;
- the date on which the decision was made;
- exact date of issue and execution of the document
- FULL NAME. employee(s);
- the essence of the dispute resolution;
- signatures of the head of the commission or his deputy;
- stamp issued for a commission.
Such a certificate is not issued if the owner (employer) or employee went to court regarding the decision of the labor commission.
If this document is presented to the district court within three months, then the commission’s decision will be compulsorily executed by the court. The ability to submit your certificate to the court can only be restored if there is a compelling reason.
KTS certificate sample
Free legal advice:
According to the legislation of the Russian Federation, a labor dispute commission is formed to consider personal disagreements in companies, firms, enterprises and is the primary body.
Such bodies are formed at the request of employees or management (or from consent). They are staffed by company representatives who are selected by the entire team. Such commissions exist in most modern companies and help resolve conflict situations in accordance with the law.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!
Directions of the committee's work
Once it has been decided to organize a commission, authorized people are sent within 10 days. Elections to the committee take place at a staff meeting.
As a result, structural departments of the commission may appear that will deal with different areas and issues. It all depends on the size of the company and the number of employees.
Organizational work is carried out by the employer. The commission itself selects its head, his deputy and assistant.
Free legal advice:
The commission can examine those disagreements that are not included in the structure of the Labor Code of the Russian Federation and are not subject to the intervention of the district court. Labor disputes are dealt with by a committee if the minister cannot resolve issues with someone from management on his own.
An employee has the right to apply:
- within 3 months from the moment of violation of his rights;
- 30 days after dismissal for violation of the employment contract;
- indefinitely if wages are not received.
When calculating the expired period, you need to take into account that the countdown begins from the next day after the dispute arose.
Council seal
Each labor dispute commission is required to have a seal. The employer must provide it to the committee. In this case, the seal is made according to an established and generally accepted pattern. A management representative must also pay for its production.
The commission's seal must appear on any document signed by the head and his deputy, as well as on all decisions on work disputes.
everyone can do it from here.
Free legal advice:
Decision making procedure
The conclusion of the commission represents a secret opinion of its representatives. According to the majority, a provision is made, which is written down and is an official document. We explain in detail how the labor dispute commission makes decisions in this article.
The resolution should cover:
- name of the company or firm, full name superiors;
- FULL NAME. employee, his position in the enterprise;
- the subject or cause of the dispute;
- date of filing the claim by the employee;
- FULL NAME. all members of the working group, as well as other persons who are at the meeting;
- the decision made (reasoning and reference to the law);
- results of the study.
Within three days, the commission is obliged to issue copies of the conclusion to both parties to the labor dispute.
You will also be interested in this article, which talks about the consideration and resolution of collective labor disputes.
Commission protocol
A protocol is an official document that records the decision made and the progress of the meeting itself.
Free legal advice:
The protocol should look like this:
- The name of the organization or subsection specializing in this issue is written at the top, followed by the date of the meeting and the city.
- Full name must be indicated. chairman, his secretary and other members.
- The agenda is indicated: the basis for the employee’s application, his personal data, place of work, and position are indicated.
- The parties who were heard during the meeting are indicated: the employee and the employer.
- All speakers at the meeting, as well as the parties to whom they testify, are noted.
- Brief resolution of the commission.
The signature of the chairman and secretary with transcripts of the full name is affixed. and date.
You can from here.
Commission certificate
If the commission’s decision is not fulfilled by the employer or other management representatives within the prescribed period, then, in accordance with the Labor Code of the Russian Federation, the employee receives a special certificate from the commission. This document is a writ of execution issued by commissions.
It states:
Free legal advice:
- the name of the body (commission) that made a decision on this dispute;
- the date on which the decision was made;
- exact date of issue and execution of the document
- FULL NAME. employee(s);
- the essence of the dispute resolution;
- signatures of the head of the commission or his deputy;
- stamp issued for a commission.
Such a certificate is not issued if the owner (employer) or employee went to court regarding the decision of the labor commission.
If this document is presented to the district court within three months, then the commission’s decision will be compulsorily executed by the court. The ability to submit your certificate to the court can only be restored if there is a compelling reason.
Appealing the decision
If the commission has not begun to examine the employee’s submitted document within the ten days established by law, then it can transfer the consideration of the collective labor dispute to arbitration.
You can appeal the committee's decision within 10 days after receiving copies of the protocol. In this case, the employee or employer files an application (complaint) with the court. If the deadline is missed, then, for a valid reason, admission to the consideration of the case is possible.
Regulations on the Dispute Settlement Commission
Due to the fact that some issues related to the activities and functioning of the CTS are not fully regulated in the code, it is advisable to fix a number of topics at the local level by developing a separate normative act on them. Such a document can be called differently, for example, regulations, charter, operating procedures, regulations, etc. The following sections must be included in it:
- general provisions;
- competence;
- organization of meetings;
- procedure for considering individual labor disputes;
- execution of decisions and their appeal.
The more detailed each section is covered, the fewer questions will arise during the work process.
The regulations on the CTS, as a local regulatory act of the organization, are approved by the sole executive body (by order of the director), subject to agreement with the trade union committee or the general meeting of the labor collective, at which employee representatives were nominated to the CTS.
When can tax authorities close the account completely?
According to the law, only in one case - if you are late in submitting the declaration by more than 10 working days after the deadline. We remind you that the blocking must be canceled no later than 1 working day following the day the declaration was submitted
Attention
Blocking a bank account does not apply to incoming transactions, that is, money can be transferred to the account without restrictions.
But this is by law, and in life an account can be frozen for literally anything, because blocking an account is the easiest, and most importantly, effective way to get a visit from the company’s management to the inspection department. For example, accounts are blocked:
- for failure to submit financial statements, advance payments, certificates of information on the average number of employees
- for filing a declaration using the old (cancelled) forms
- because the declaration was signed by an unauthorized person
What exactly can be transferred from a frozen account?
The law states that suspension of account transactions does not apply
- for payments under writs of execution (under writs of execution, court orders, notarial agreements on the payment of alimony, under certificates issued by labor dispute commissions
- compensation for damage to life and health;
- on the collection of alimony;
— on the payment of remuneration to employees working under employment contracts;
— on the payment of severance pay;
— on payment of royalties;
- for the payment of taxes (advance payments), insurance premiums, penalties and fines, including for administrative offenses in the tax sphere.
As you can see, the usual payment of wages (not according to executive documents) does not appear on this list.
What about salary payments during the freeze period?
Here the picture turns out like this. Almost a decade and a half has passed since the release of the Constitutional Court Resolution, which clarified that salary payments and budget payments, which include taxes, have equal priority. They must be written off in the calendar order of receipt of payment documents in the ban. That is, it seems that nothing prevents you from transferring or withdrawing money for salary from a completely blocked account.
But here’s the thing: the tax authorities, guided by the position of the Ministry of Finance, are firmly convinced that it is impossible to write off or withdraw cash for salaries from a frozen account, but only make payments according to executive documents. Therefore, during the freezing period, some banks refuse to make such payments or issue cash, so as not to later run into a fine from the tax authorities, despite the fact that the courts in this situation recognize it as unlawful. But who wants to sue again.
So, let’s play out the worst-case scenario - the account is frozen, it’s impossible to quickly unblock it, the salary payment date is approaching, and the bank does not want to accept a salary slip or check. Let us remind you that for delay in payment of wages the employer:
- must pay workers compensation
- may run into a fine from the labor inspectorate, which was confirmed to us by a Rostrud specialist.
From authoritative sources
“If an organization is to blame for not submitting a declaration on time, and the tax authority has blocked the account for good reason, the labor inspectorate will hold it accountable under Art. 5.27
If the inspection blocked the account by mistake, the organization can avoid liability. But then she will have to prove that the declaration was submitted on time and the organization is not to blame for the untimely payment of wages.
Is there a workaround?
As they say, “nothing is impossible for a person with intelligence.” A quick and effective way to solve our problem is to create a labor dispute commission (LCC), which is designed to resolve, in particular, issues of payment of arrears of wages
So, the algorithm of actions is as follows
STEP 1. Create a CTC from an equal number of representatives:
- on the part of the employer. Its representatives are appointed by order of the head;
- on the part of the workers. The election of “working” representatives is documented in the minutes of the general meeting of the team.
Stamps
When considering cases of labor disputes, the seal of the organization or a separate imprint may be used.
In the second case, such a thing is made individually, taking into account the provisions of Art. 384 of the Labor Code of the Russian Federation, and includes the details of the organization and the name of the body itself - CTS.
Below are individual prints made for the labor dispute commission:
