Sample. Decision of the labor dispute commission regarding a reprimand for being late for work

Regulations on the labor dispute commission (filling sample)

5.3. An employee of the Company or his representative may present the certificate to the sole executive body of the Company (General Director) as an employer personally or present the certificate to the bailiff who enforces the decision of the Commission.

2.3. Employee representatives on the Commission are elected by the general meeting of the Company's labor collective or delegated by the representative body of employees (trade union committee), with subsequent approval of the candidates at the general meeting of the Company's labor collective.

Documents of the labor dispute commission: regulations, minutes of the meeting, certificate

Typically, each registered application is assigned an individual serial number . The date of receipt of the papers, the full name of the applicant, his position are also entered, the essence of the claims and the date of the appointed day for consideration of the issue by the commission are indicated.

1. It is drawn up indicating the name of the authority considering the issue, the place and time of the procedure.
2. The composition of the assessors is indicated (chairman, secretary, other members of the commission), the agenda is entered indicating the grounds for considering the applicant’s appeal, information about the person acting in this role.
3. Information about the presence of the parties or their representatives (allowed with a power of attorney), speech or expression of their opinion by representatives of the CCC is entered into the protocol.
4. The summary part of the protocol contains data on the adopted resolution, certified by the signature of the chairman and secretary, supplemented by the date and transcript.

• minutes of the meeting of the labor dispute commission
• Download a completed sample protocol of a meeting of the labor dispute commission

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:

The procedure for applying and a sample application to the labor dispute commission

To do this, the employee must first address his problem to a representative of the employer or directly to the head of the organization. If the issue cannot be resolved in this way, the employee has the right to appeal to the labor dispute commission (LCC), if there is one.

CTCs are created at the request of employees and (or) the employer and consist in equal shares of representatives of the employer and employees (Article 384 of the Labor Code of the Russian Federation). They are organized with the aim of providing the parties to labor relations with an additional opportunity for local (internal) resolution of controversial issues arising in the organization. Decisions are made by them by voting and taking into account the opinion of the majority.

How the application is processed

Consideration of the application must necessarily take place in the presence of at least half of the members of the elected commission, as well as the employee himself or his legal representative (acting on the basis of a duly certified power of attorney).

During the meeting, it is permissible to interview witnesses, specialists and disinterested experts, and study documents directly related to the case. The entire meeting process must be recorded.

The decision is made by simple voting, by majority vote.

A copy of the decision is transferred to the employer and his subordinate within three days after the meeting.

Protocol of the labor dispute commission - sample

IMPORTANT! The Labor Code of the Russian Federation does not contain regulations on the mandatory pre-trial settlement of disputes, therefore an employee whose rights have been violated can immediately apply for their protection to the court, bypassing the CCC. In addition, in case of disagreement with this decision, the employee may, within 10 days from the date of delivery of a copy of the decision, go to court to appeal it (clause 2 of PPVS No. 2).

• employee's statement of appeal;
• employer's statement of appeal;
• statement of the trade union (appeal) representing the interests of the employee;
• the employee immediately goes to court without the participation of the labor commission;
• statement from the prosecutor about the discrepancy between the decision and the legislative framework.

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How to handle a complaint?

Art. 385 of the Labor Code of the Russian Federation also indicates that situations can be considered through the CCC only when there is no mutual understanding between the parties. The procedure for considering a complaint is established by Art. 387 of the Labor Code of the Russian Federation and assumes the following algorithm of actions implemented by the parties:

• registration of a document submitted by a citizen in a special journal;
• consideration of an employee’s application accepted by the CTS for consideration within 10 days;
• requesting additional documentation, as well as consultation with specialists, if necessary, obtaining information;
• discussing the conflict with both parties or their proxies (representatives);
• adoption of the final decision by secret ballot (based on the largest number of votes).

The CCC is formed from an equal number of persons representing each party. This method allows you to achieve the necessary parity and make an objective decision.

Sample application to the labor dispute commission

If an employee is not satisfied with the decision of the labor commission, he has the right to file a claim in court. This must be done within 10 days from the date of delivery of a copy of the commission’s decision on his application. He can also file a lawsuit if the commission does not consider the dispute within 10 days after filing the application. This period is established in Art. 389 Labor Code of the Russian Federation.

The application to the labor dispute commission is drawn up in two copies - one remains with the commission, and the second, marked with the incoming number, remains with the applicant. The application is written in free form, but there are some nuances that must be observed when writing. In the upper right corner of the sheet it is written “To the labor dispute commission”, and then the name of the organization in the nominative case. Then it is indicated from whom the application is made: full name in the genitive case, as well as the position of the applicant. It is necessary to indicate contact information - mobile phone number and address where to send correspondence. Then the word “Statement” is written in the middle of the sheet. Then comes the informational part of the application itself. Here the employee describes the problem in “dry” language, without unnecessary emotions. The “body” of the application must state the essence of the dispute – violations of labor legislation committed against the applicant. It will be better if the applicant provides links to labor legislation that were violated in relation to him. It is also worth indicating the date and time (if possible) when the violation of his rights occurred. For example, “On Monday, January 15, 2020, I was late for work due to...”. The more detailed the essence of the problem is stated, the greater the employee’s chances of restoring his rights.

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Features of drawing up an application, general information

If you are faced with the task of writing an application to the labor dispute commission, and you do not know how to do it correctly, we recommend that you carefully read the tips below. Also check out the sample document - based on it you can easily draw up your own form.

To date, there is no single unified application form to the labor dispute commission.

This means that employees of enterprises and organizations have the opportunity to draw it up in free form or, if the commission provides a document template, according to its type.

Regardless of which option is chosen, when writing an application, you need to take into account several general points that are typical for all such papers. In particular, you need to ensure that the structure and content of the form meets certain standard office procedures.

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In other words, the statement should be divided into three parts:

• the so-called “header”, where data about the addressee and the applicant is entered;
• main block - a detailed description of the problem with which a person applies to the labor dispute commission;
• the conclusion is a request for resolution of the situation and the signature of the applicant.

The application can be drawn up on an ordinary blank sheet of any convenient format (preferably A4), by hand or typed on a computer - these parameters do not play a role in determining its legitimacy. The only important thing is that it is written without errors or blots, and if any do occur, it is better not to correct them, but to draw up a new form.

Another point that must be taken into account: unreliable or unverified data cannot be included in the application, as they may serve as a reason for sanctions from regulatory authorities.

The application must be confirmed by the “living” signature of the applicant.

An application is drawn up in two identical copies , one of which should be submitted to the commission, and the second, after it has been marked as accepting the copy, should be kept. In the future, this will help to avoid possible troubles if suddenly a question arises about the fact or timing of the transfer of the document to its destination.

Decision of the labor dispute commission - sample filling

IMPORTANT! Inclusion of the above information in the decision is mandatory. Otherwise, if the decision is appealed, the judicial authority may find it inconsistent with the law. For example, the decision did not list all those participating in the meeting of the CCC and in the justification of the decision there was no reference to the relevant provision of the law, therefore the court declared the decision to not meet the requirements of the law (see the decision of the Zheleznodorozhny District Court of Khabarovsk dated October 24, 2020 in case No. 2 -5246/2020).

If the decision was not executed within the prescribed period and none of the parties transferred the dispute to court, the employee is entitled to apply to the CCC for a special certificate (paragraph 2 of the above norm). This document, by its legal nature, is executive, and, based on it, the bailiff is authorized to enforce the decision of the CCC. The deadline for submitting the said certificate to the bailiff is no more than 3 months from the date of its receipt.

Application to the labor dispute commission - sample and form to fill out

I, Alexey Akhmetovich Vasyutin, am currently working as a watchman at a specialized regional center. I appeal to the labor dispute commission in order to resolve the issue of non-payment of wages in the written amount (20,000 rubles) as thoroughly and thoroughly as possible, the general director in every possible way avoids stipulating this type of activity and all responsibility smacks of poor performance on my part. Although this is fundamentally wrong, I carry out my direct duties, always go to work on time and leave according to the schedule written to me personally. Therefore, referring to Article 176 of the Labor Code of the Russian Federation, I wanted to resolve this issue with a full-fledged meeting.

• One of the key roles is played by Article 27 of the Labor Code of the Russian Federation, which states that all kinds of friction between both sides are only an area of ​​social partnership, but at the same time they bear a percentage of the legislative power. However, according to Article 35 of the Labor Code of the Russian Federation, the commission itself does not belong to the type of social partnership;
• The fundamental legislative force is Article 384 of the Labor Code of the Russian Federation, which provides for the formation of a commission exclusively on an important issue and only in an equal concentration of managers (if the company is an LLC) and employees, so that all decisions made are not biased;
• Also, it is worth remembering a small feature that applies exclusively to those cases when a religious organization acts as an individual entrepreneur . In this case, Articles 391 and 308 are applicable, which say that if the employer is any religious enterprise, then the commission is not convened and everything is decided purely in a conversational manner;
• On the part of the individual enterprise, the general director's proxies ; this kind of action is fully described in the second part of the Labor Code of the Russian Federation, Article 384;
• The workers' side is considered independent and free-thinking in the area of ​​their rights at work only if more than half of the total number of employees of a particular enterprise are present at the meeting, namely the labor dispute commission;
• After a full and equal collection of the CCC, a hearing of one or another application takes place within ten working days, only after this a general decision is made based on the summary position of each person present (all of the above is described in Article 389 of the Labor Code of the Russian Federation).

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Period during which an application must be submitted

Each employee has the opportunity to appeal to the commission within a period that does not exceed three months from the date of the dispute or conflict with the employer.

In turn, members of the commission are obliged to consider the received application no later than within ten working days and make a fair and informed decision on it.

If an employee misses the deadline for filing an application for any valid reason, the commission has the right to consider the case on its merits (i.e., without taking into account the time frame). An important condition: the reason for delaying the application must be truly serious and respectful, supported by relevant explanatory documents.

Decision of the labor dispute commission completed sample

documents The procedure for formation (hereinafter referred to as the CTS, commission). The commission reviewed the dispute and ruled in favor of Evgenia. . He instructs his employees to develop regulations on and involves them in this work. How to fill out an application for a Schengen visa sample Agreement for the sale and purchase of an apartment Agreement for the sale and purchase of an apartment with installment payment

The procedure for acceptance and its contents. labor disputes (LCD) regarding payment of arrears of wages (filling). legal acts and legislative activity. The topic of today's publication is the procedure for resolving an individual case in the CCC and the procedure for appealing it. Please note.

Can collective disputes be considered at the CCC?

In the process of carrying out work activities, conflict situations may arise between superiors and subordinates, requiring the intervention of authorized structures. At the same time, complaints against the employer are often voiced by a group of employees. This feature allows us to classify such cases as collective. Unlike an individual dispute, a collective dispute affects the interests of several citizens. The types and process of conflict resolution directly depend on its type.

Exceptions include disputes regarding:

• reinstatement of the employee at work regardless of the reason for termination of the contract;
• compensation by the employee for losses associated with material damage caused by him to the employer.

The following complaints are considered in the courts:

• about refusal to apply for a position;
• conflicts that arise between an employee carrying out activities under an agreement with an individual employer.

Collect wages through a labor dispute commission

The application must be submitted to the labor dispute commission within three months from the moment the employee became aware or should have learned of non-payment of wages, compensation, etc. If the specified deadline is missed for a valid reason, the commission may restore it.

On 02/21/2020, I, Ivan Olegovich Rothschild, entered into an employment contract with ODO “KorPlot” for 5 years and was hired as a security guard. Clause 3.2 of the contract stipulates that my salary is 6,000,000 rubles. According to clause 5.1 of the contract, salaries are paid on the 25th of the month by transfer to a card account. On the day of filing the application, the employer did not pay wages for January 2020, explaining that the financial situation is now difficult. I ASK: To collect from the additional liability company “KorPlot” in favor of Rothschild Ivan Olegovich arrears of wages in the amount of 6,000,000 rubles. Request from the employer an employment contract, a time sheet, and a certificate of arrears of wages. Appendix: Bank statement for card account. 02/17/16 signature Rothschild I.O.

14 Aug 2020 glavurist 347

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For what reasons can proceedings be initiated?

Considering the long-term practice of labor disputes arising between an employer and an employee, it is impossible to single out the most common reason for filing a complaint. The circumstances leading to the proceedings depend on many factors (personal qualities of the parties, the scope of the organization’s activities, the size of the team, etc.). That is why decisions are made taking into account individual circumstances through voting. Anything else is fundamentally incorrect and contrary to current legislation.

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However, when analyzing complaints submitted for consideration, two main directions can be identified in which conflict situations arise. These problems include:

1. At the level of the Labor Code of the Russian Federation. This includes offenses by the employer and employee. The latter most often performs the tasks assigned to him in bad faith or goes beyond the boundaries of what is permitted. The employer follows appropriate actions in the form of a written statement to the subordinate.
2. At the level of internal documentation adopted by the organization, including violation of job regulations, collective agreement, etc. For example, those employed at the enterprise may be dissatisfied with the violation of work hours proposed to them by their superiors, or speak out about non-payment of wages. If the application is not considered within the time allotted by law (10 days), then citizens have the right to apply to the court for a final resolution of disagreements.