The labor dispute commission can become relevant in the life of every citizen. After all, most citizens inextricably link their general well-being with their own work activities.
As a rule, people deliberately and consciously approach their choice of profession, thereby realizing their desire for well-being. After all, the majority of citizens spend a significant part of their time at work every day.
And even if a person in his work field does what he loves, and the work brings genuine pleasure, it is far from uncommon when conflict situations arise in the service.
All activities of citizens, which, one way or another, can be classified as “work”, are regulated by the norms prescribed in the Labor Code of the Russian Federation.
If these legislative norms are not observed in relation to an individual employee or group of employees, the citizen has the right to defend his rights.
The primary body designed to protect the interests of workers is the labor dispute commission.
What is a labor dispute commission
The creation of a labor dispute commission is regulated by Article 384 of the Labor Code of the Russian Federation.
According to the provisions of this article, such a commission is created at an enterprise or organization both on the initiative of employees (employee) and on the initiative of the management of the institution.
In addition, former employees, as well as trade union bodies, can initiate the creation of a CCC.
The commission should consist of persons representing the interests of the manager and the interests of employees. Moreover, the number of representatives of both sides should be the same.
A labor dispute commission is created on the basis of a written proposal from one of the parties to create such a commission. Within 10 days from the date of receipt of the proposal, the notified party is obliged to nominate its representatives to resolve the dispute on its merits.
Composition of the commission
As mentioned above, the number of representatives from both sides should be the same.
Members of the commission representing the interests of management are appointed by the employer. And the members of the labor dispute commission, called upon to defend the rights of workers, are elected by the general meeting of employees in the organization.
In addition, at general meetings, similar commissions can be created in all structural divisions of a separate organization.
The competence of the labor dispute commission , created in a separate unit, is limited to resolving labor disputes exclusively within the designated unit.
The labor dispute commission consists of a chairman, a deputy chairman, and a secretary, who are elected from the total number of members of the commission.
All organizational activities of the labor dispute commission, including technical equipment, are provided by the management of the enterprise.
Committee meeting
As mentioned above, the first step is to show initiative in the form of submitting an application. It will be necessary to collect documents that serve as evidence of the violation. The following list is attached:
- an order to impose a penalty or deprive of a bonus - any document that provides the basis for the violation of the worker’s rights;
- timesheet of working days;
- explanatory notes from employees, if any;
- reports and other extracts confirming the fact that the initiator tried to prove his case to management;
- accounting documents – certificates of lost funds.
The submitted documents will also be required when filing a claim in court if management refuses the commission.
Once the staff has formed the commission, the first meeting is held. This must be done no later than 10 days from the date of submission of the application for the committee meeting. During the consideration of issues, a protocol is drawn up - this is done by the secretary. The document indicates the names of employees who are not at the meeting, but who were declared as participants in the conflict. If there is a separate written request from them to consider a personal issue, the protocol indicates that due to the absence of persons, their problems were not discussed.
During the meeting, arguments of representatives from both sides are heard, which is also written down in the minutes. Next, a vote is taken. Only previously approved committee members can vote. This procedure is secret, so each participant is given a document with a form - in it the voter puts his verdict on the legality of the previously made decision by the management.
A decision is made if the majority of committee members vote equally. The verdict is reflected in the minutes, which are signed by all participants in the meeting, which confirms that they have familiarized themselves with the documents. Copies are sent to the parties to the dispute within 3 working days. The execution of the recorded verdict begins only 10 days after the meeting, since this is the time given to file an appeal in court.
What issues does the CTS solve?
The Labor Dispute Commission is empowered to resolve a number of controversial issues that may arise during the activities of the organization.
The CCC considers exclusively claims of a material or non-material nature, called individual labor disputes. Such disagreements almost inevitably arise between management and members of the workforce.
And they are often based on ignorance of the law.
It is for the purpose of objectively considering the controversial situation and resolving the conflict that labor dispute commissions are formed.
These entities are competent to regulate the following issues:
- regarding wages and other types of payments to employees;
- issues related to violation of clauses of employment contracts;
- disputes arising in connection with the legality of applying disciplinary sanctions;
- accrual of travel allowances (overtime);
- other issues of a personal nature that employees and management could not resolve among themselves on their own.
https://youtu.be/qHPlmcj3uCg
Activities of KTS
All the work of such commissions can be divided into several stages.
These stages are divided into:
- Contacting the CTS following an incident.
- Consideration of the incident in the order of a meeting.
- Collect additional evidence if necessary.
- Voting of members of the labor dispute commission.
- The rendering of a verdict and its subsequent execution.
If the institution has not previously created such a commission, citizens working in the organization, in the event of controversial situations, have the right to submit an application addressed to the head.
The statement will express the desire to consider the current situation within the framework of the CCC meeting.
If there is a misunderstanding with subordinates, the head of the organization himself can initiate the creation of a commission to consider the problem and make an objective decision.
Contacting the CTS
The first stage is an application to the CCC through an application addressed to the chairman of the commission, which is written in free form according to the general rules for writing applications.
The application should clearly state the problem that has arisen and your requirements regarding the substance of the problem. Additional documentation is attached to the application if there is evidence, if the applicant has any.
In the absence of a labor dispute commission, one is created within ten days from the receipt of a written proposal for its creation.
During the designated 10 days, the parties to the conflict elect their representatives in equal numbers.
After the delegates have formed the necessary quorum, the parties to the conflict are handed over the minutes of the future meeting.
CCC meeting
The conflicting parties are required to attend the CCC meeting.
It is possible to hold a meeting without the main parties to the dispute when the party that did not appear at the hearing notified this in advance in writing.
Typically, a request to consider a dispute in absentia is noted in the initial application. If any of the parties involved in the dispute fails to appear without prior notice, the meeting is postponed.
In such circumstances, the commission has the right not to consider the conflict at all. However, this does not prevent interested parties from re-applying for consideration of the dispute.
When holding a meeting, members of the commission must be guided by the fundamental provisions of the Constitution of the Russian Federation on the principles of universal equality before the law.
Decision-making must be based on the norms of current legislation. The consideration of disputes must be comprehensive, objective and unbiased.
The Labor Dispute Commission is not authorized to change court decisions that have entered into legal force.
Additional evidence
If the available data is insufficient to make a decision, CTS has the right to request additional documentation from management that will help clarify the situation.
Such documents may be:
- accounting documentation;
- memos;
- acts of violation of labor discipline;
- explanatory notes;
- orders, etc.
Process of applying to the commission
Initially, the citizen will need to formulate an application, and at the same time have evidence-based qualifications for resolving controversial issues. Members of the commission take measures to resolve the controversial situation that has arisen between the company's management and employees. The negotiation format is used.
To find out all the circumstances, you will need to invite representatives of all parties to the labor relationship. After the conflict is resolved, a protocol is formed, which is subsequently considered by the commission.
The employee has the opportunity to withdraw the application before the act is submitted for consideration by this body. To do this, an application must be submitted in writing. Then the commission ceases its activities.
Advantages of resolving disputes in the CCC
Labor law regulates the area of relationships between employers and subordinates, but the directives of the law are not always observed in fact.
Persons whose interests have been infringed have the right to defend their rights by all available means.
These include:
- Attempts to independently negotiate with management.
- Application to the labor dispute commission.
- Filing a complaint with the State Labor Inspectorate.
- Application to the prosecutor's office.
- Filing a claim with the courts.
A significant part of conflict situations arises due to basic ignorance of legal norms.
When it is not possible to build a constructive dialogue with management, contacting the CTS is the best option.
Without taking the problem outside the walls of the organization, the parties will have the opportunity to resolve the conflict in a better way.
The main advantages of this method of pre-trial settlement of disputes include:
- free and accessible;
- objectivity of consideration based on the norms of current legislation;
- significant speed of consideration, decision-making and their subsequent execution;
- efficiency due to the mandatory execution of the verdicts of the CCC.
Despite the fact that the law does not provide for the mandatory creation of a CTS, managers of companies whose staff exceeds 15 people.
It is highly desirable to create a commission on a permanent basis.
The authority of management will be higher if employees know that the organization strictly adheres to labor legislation and any incident will be considered impartially by members of the CCC.
No financial costs
Going to court is fraught with significant financial expenses. Despite the fact that the employee is exempt from the obligation to pay state fees when considering claims in labor disputes.
Pros of creating a commission
Often, a labor incident occurs due to insufficient knowledge of the law on the part of workers. Here it is enough just to competently explain to him the situation and its legal basis.
For an employer, creating a CTS has a number of advantages:
- The ability not to take the dispute outside the company and resolve the conflict out of court.
- The team's trust in the employer increases. Building positive relationships with employees is a difficult task for the management of an organization. By creating a commission, the employer can guarantee his team the opportunity to discuss conflicts that have arisen and reduce the risk of violation of their labor rights.
- The opportunity to qualitatively prepare for defending interests in court in issues that must be resolved in court, or have not been resolved through pre-trial settlement.
An employee who filed a complaint with the CCC may remain dissatisfied with its decision. Then he has the right to seek the truth in court. All documents on the case will already be collected by the commission.
Alternative options for resolving labor disputes
In addition to the possibility of considering labor disputes locally in the CCC of the organization itself, citizens can address these issues to other authorities.
Court
Any party to the labor relationship has the right to file a claim in court.
This can be done after the verdict of the CCC. If the decision made does not suit one of the parties.
The court may refuse to consider a labor dispute case in the following cases:
- when the applicant ignored the need to try to reach a judicial settlement by contacting the CCC;
- if there is a decision in the case that has entered into force;
- when jurisdiction is violated.
Not only enterprise managers and employees, but also former employees and trade union organizations can file a claim in court.
In addition, the prosecutor has the right to file a claim with the judicial authority. In this case, the parties to the dispute will be the employee and the organization itself, the head of which acts as a representative of the interests of the company.
Both the prosecutor and representatives of trade union bodies are only participants in the process. Even if the claim is filed directly by them.
State Labor Inspectorate
To resolve controversial issues related to labor activities, citizens can also contact the State Labor Inspectorate.
The competence of which is the consideration of labor disputes. The complaint can be submitted to the inspection in person or sent by registered mail.
The complaint can also be prepared electronically. Directly on the regional inspection website in a specially provided form.
A decision will be made on an accepted complaint within a month. Which will subsequently be sent to the applicant and the other party to the conflict.
The inspector's decision can be appealed in court.
How is a decision made?
The commission makes the final verdict by voting, based on the majority of votes of the commission members.
Voting takes place secretly. Both parties participating in the proceedings receive one copy of the adopted decision within three days after the end of the process (read about the execution of decisions of the CCC here). He is endorsed by the chairman or his deputy, and a seal belonging to the commission is affixed.
