The commission on labor disputes, its formation, the procedure of work is regulated by the norms of the labor legislation of the Russian Federation. It has a certain specificity of work.

An employee has significantly fewer privileges than his employer. The latter quite often use their status as a leader and intentionally create the appearance for their subordinate that he is helpless.

Against the background of all this, labor conflicts often arise between the manager and the employee. To help and support both parties, special commissions on labor disputes are being created.

They allow the employee to defend their labor rights before an unscrupulous leader. CCC guarantee honesty and adequacy in the consideration of labor disputes.

Basic information (official site)

KTS has the right to consider individual and collective labor disputes. The relationship between the parties is regulated by the Labor Code of the Russian Federation.

Therefore, if one of the parties intentionally infringes or restricts the rights of the other party, as a rule, the employer violates the rights of his employee in some way, the latter can file an application with the CCC for further resolution of the conflict.

First, you should try to resolve the relationship amicably in a pre-trial way, but if this did not work out, the next step is to contact the commission on labor disputes.

What it is

The Labor Disputes Commission is the primary body for the consideration of individual labor disputes that arise at enterprises, institutions, and organizations.

To make it easier to understand the specifics of the topic, you need to know some terms:

Composition of the organization

KTS is formed in those enterprises in which the number of employees exceeds 15 people. This rule comes from the fact that, according to part 1 of article 384 of the Labor Code of the Russian Federation, the commission must include at least 15 people.

The composition requires three main persons who will act as the chairman, his deputy and the secretary.

These persons are called upon to control the entire process of the proceedings and the work of the CCC as well.

To take the place of the main member of the commission, the candidate must pass the vote of the collective. Only after the results of this vote is formed its main composition.

The Chairman of the CCC holds the highest position and is the most important member of the commission. He is selected by the largest number of votes.

The Chairman not only exercises full control of the meeting, but also has the right to finalize the speech.

Without its final decision, no conclusion can be drawn in the dispute. The Chairman signs the minutes of the meeting.

The deputy is the second most important member of the labor dispute committee. Acts as advisor to the chairman.

In the absence of the chairman at the meeting, assumes all his obligations based on the position, announces the final word. The signature of the deputy is equivalent to the chairman's.

The secretary is no less important person in the KTS. The most responsible employee is selected for this position, who must record all the activities of the commission.

Two parties take part in the CCC process - representatives of employees and the employer. The latter are appointed by the employer himself.

The essence of these representatives is to defend the rightness of the employer's actions in relation to this employee who has submitted an application to the CCC.

It is worth noting that representatives of this plan may refuse the position presented to them, thus, no liability or fine will be applied to them.

Current regulations (Labor Code of the Russian Federation)

Referring to the content of Article 386 of the Labor Code of the Russian Federation, an employee whose rights have been violated by management has the right to submit a corresponding application to the labor dispute commission.

Regulation 387 of the Labor Code of the Russian Federation regulates the procedure for considering an individual dispute in a commission. Following Art. 384 of the Labor Code of the Russian Federation, the deadlines for the formation of a commission are noted. For all issues and rules of the CCC, it should be regulated by the provisions of the Labor Code of the Russian Federation.

Why are Labor Dispute Commissions established?

KTS (commissions on labor disputes) are formed at the initiative of the employee, the employer or representative persons of employees at the enterprise, company, etc.

The main essence of CCC is to help restore justice and make a decision that satisfies both parties as much as possible.

Applying (sample)

The application to the KTS is formed in two copies, one for the composition of the commission and one for the applicant with a mark of the incoming number.

The application has a free form of writing. A claim form for labor disputes is possible.

Photo: application to the commission on labor disputes

However, like all applications of this kind, they must follow certain rules. The decision is subject to execution within 10 days after its adoption.

Competence of KTS

What is the competence of the CTC? Definitely, this should not include such proceedings that are subject to the competence of the court.

Some of them can be distinguished:

• to be reinstated to the previous position;
• restore to its original place;
• receiving compensation payments if there is a significant difference in salary after demotion.

However, the employee, even in such cases, has the right to apply to the commission as a pre-trial proceeding.

Following the decision of the CCC, the subsequent actions regarding the employee are determined.

Operating procedure

Work is carried out directly at the time of the meeting of the commission. The date of the meeting of the composition must take place in advance so that all participants in the process can appear.

If the plaintiff or defendant cannot appear on the appointed date, the meeting may be rescheduled. However, if the attendance is without a justified reason, the application will be canceled.

The employee can re-apply to the CTC. The commission goes through three main stages:

• acceptance of the application with further consideration;
• organization of the meeting and holding a meeting of chairmen;
• decision-making and further control of its implementation.

The decision of the commission cannot be discussed and can only be challenged in court.

Protocol and seal

The commission on labor disputes must have its own nominal seal. Payment for its production is made by the representative person of the enterprise. The employer is directly involved in its organization.

The signet has a set pattern that cannot be deviated from. The seal must be on each of the existing documents.

The protocol of the CCC is a document in which the decision of the commission and the entire order of the process are noted.

The protocol is formed according to the approved procedure:

• the header of the document contains the data of the name of the enterprise;
• the names of all members of the commission are indicated;
• the actual reason for which the commission was formed is noted;
• personal data of the applicant;
• all those present at the KTS are noted;
• the decision made by the CCC is announced after the fact;
• The chairman of the commission puts his signature on the document, the date is obligatory.

Appealing the decision in court

Experienced members of the CCC, who have more than once held meetings and resolved conflicts of the parties in labor disputes, do not go in cycles with one meeting of the commission, but at the same time organize the mailing of an application to the prosecutor's office and the court.

As a rule, if an employee immediately files a lawsuit against the employer, bypassing the composition of the CCC, the court often redirects him to go through the commission on labor disputes and only then go to court.

If the right of the employer was established behind the decision of the CCC, but the employee still does not agree with this, he has the right to file a claim with the court to further challenge the decision.

This action must be completed within the first 10 days after the decision made in the CCC. Even if the CCC has not considered the employee's application within 10 days after its submission, the applicant can also go to court, in accordance with Article 389 of the Labor Code of the Russian Federation.

Such a claim is equated to civil procedural documents. A claim is drawn up in accordance with the general rules for the formation of statements of claim.

The necessary documents are attached to it and submitted to the court office. The state duty for filing a statement of claim with the court is 600 rubles.

Term of application of employees

From the moment a conflict arises between an employee and his employer, the former has three months to seek help from the labor dispute commission.

This period of time allows the natural way to resolve the situation. If it was not possible to reach an agreement, then the situation passes into full competence of the CCC.

Video: labor dispute resolution

It is worth noting that in the event of dismissal from work, which you consider this action of the employer to be illegal, you must immediately submit an application to the CCC. Even if pre-trial proceedings are permissible.

The courts consider individual labor disputes at the request of an employee of an employee, an employer or a trade union protecting the interests of an employee, when they do not agree with the decision of the labor dispute commission.

Or when an employee applies to the judicial authority, bypassing the commission, as well as at the request of the prosecutor.

12. The procedure for the formation and competence of the commission on labor disputes.

Commission on Labor Disputes - this is an optional body for the consideration of individual labor disputes, created jointly by the employer and the labor collective: according to the first part of Article 384 of the Labor Code of the Russian Federation, labor dispute commissions are formed at the initiative of employees (representative body of employees) and (or) the employer from an equal number of representatives of employees and the employer. Article 384 Education commissions on labor disputes

Commissions labor disputes are formed on the initiative of employees (a representative body of employees) and (or) an employer (organization, individual entrepreneur) from an equal number of representatives of employees and the employer. An employer and a representative body of employees who have received a written proposal to set up a labor dispute commission are obliged to send their representatives to the commission within ten days.

Representatives of the employer to the commission on labor disputes are appointed by the head of the organization, the employer - an individual entrepreneur. Representatives of employees to the commission on labor disputes are elected by the general meeting (conference) of employees or delegated by the representative body of employees with subsequent approval at the general meeting (conference) of employees.

By decision of the general meeting of employees, labor dispute commissions may be formed in structural subdivisions of the organization. These commissions are formed and operate on the same basis as the commissions on labor disputes of the organization. In the commissions on labor disputes of the structural divisions of organizations, individual labor disputes may be considered within the powers of these divisions.

The Labor Disputes Commission has its own seal. Organizational and technical support for the activities of the commission on labor disputes is carried out by the employer.

( In accordance with Article 171 of this Code, the members of the commission on labor disputes are given free time from work to participate in the work of this commission while maintaining their average earnings).

The commission on labor disputes elects from among its members a chairman, a deputy chairman and a secretary of the commission.

Article 385. Competence of the commission on labor disputes

The Labor Disputes Commission is a body for the consideration of individual labor disputes, with the exception of disputes for which this Code and other federal laws establish a different procedure for their consideration.

An individual labor dispute is considered by a labor dispute commission if the employee, on his own or with the participation of his representative, has not settled the differences during direct negotiations with the employer.

13. The procedure for applying to the commission on labor disputes (cts)

Article 386

An employee may apply to a labor dispute committee within three months from the date on which he learned or should have known about the violation of his right.

If the deadline is missed for valid reasons, the labor dispute commission may restore it and resolve the dispute on the merits.

The employee has the right to apply to the KTS within three months from the day when he learned or should have learned about the violation of his right.

An employee's appeal to the KTS must be made in writing in the form of an application. The application must indicate:

Name of the KTS (For example, “To the Commission on Labor Disputes of CJSC Rostovgazoapparat”);

Surname, name, patronymic of the applicant, position (profession) at the place of main work, the exact postal address of the applicant's place of residence;

The essence of the disputed issue and the applicant's claims;

Circumstances and evidence to which the applicant refers;

List of documents attached to the application;

The personal signature of the applicant and the date of the application.

The application must be written correctly, without blots, in such a way that it is possible to read and understand what is written.

The application is drawn up in any form and in two copies. The first copy is transferred to the CCC, the second one remains with the applicant with a mark on the registration of his application in the CCC.

Any application, even if the deadline for its submission is overdue by the applicant, must be accepted by the CCC. If the submission of an application to the CCC is missed for valid reasons (illness, business trip, etc.), the deadline set by the CCC can restore it and resolve the dispute on the merits. At the same time, the CCC considers the question of whether there are valid reasons for which the deadline has been missed, in the presence of the applicant himself.

If the reasons are recognized as valid, the statute of limitations is restored. Otherwise, the applicant is denied consideration of the application.

All applications of employees received by the KTS are subject to mandatory registration in the Book of Registration of Applications, in which the following must be entered:

Surnames, first name, patronymic of the applicant;

The subject (essence) of the dispute;

Date of receipt of the application;

Applicant's signature confirming acceptance of the application.

The creation of such commissions is provided for in companies of the Russian Federation, at enterprises or organizations where the number of employees exceeds 15 people. The creation of the commission, as well as the issue of the number of members and their candidatures, is decided by the general meeting of the enterprise's labor collective and approved by voting. Upon completion of consideration of the issue, a decision is made to establish a CCC, which creates undeniable advantages for employees who get the opportunity to protect their rights and labor interests.

To consider this issue, an initiative is needed on the part of members of the labor collective or the management of the organization. If such an initiative has not been shown, the commission may not be created. Its presence is useful, but is not .

The Labor Disputes Commission is a resource in resolving contentious issues who have the right to be with the actively developing activities of the organization. It is designed to defend the legitimate rights and labor interests of members of the labor collective, using for this all possible, within the limits of legal use, methods of solving problems. It is endowed with fundamentally significant powers and the decisions made by it, in relation to disputable situations, are subject to immediate execution and are not subject to discussion by management or employees.

The CCC must treat the fact of the dispute objectively and without prejudice. Therefore, it is customary to introduce them in equal proportions of representatives from the labor collective and the management of the enterprise (organization). They are intended to resolve all unresolved disagreements that arise between management policy and ordinary employees, if the dispute is of an individual nature.

How the commission is formed is written in article 384 of the Labor Code of the Russian Federation.

Article 384. Formation of labor dispute commissions

Labor dispute commissions are formed at the initiative of employees (representative body of employees) and (or) the employer (organization, individual entrepreneur) from an equal number of representatives of employees and the employer. An employer and a representative body of employees who have received a written proposal to set up a labor dispute commission are obliged to send their representatives to the commission within ten days.

Representatives of the employer to the commission on labor disputes are appointed by the head of the organization, the employer - an individual entrepreneur. Representatives of employees to the commission on labor disputes are elected by the general meeting (conference) of employees or delegated by the representative body of employees with subsequent approval at the general meeting (conference) of employees.

By decision of the general meeting of employees, labor dispute commissions may be formed in structural subdivisions of the organization. These commissions are formed and operate on the same basis as the commissions on labor disputes of the organization. In the commissions on labor disputes of the structural divisions of organizations, individual labor disputes may be considered within the powers of these divisions.

The Labor Disputes Commission has its own seal. Organizational and technical support for the activities of the commission on labor disputes is carried out by the employer.

The commission on labor disputes elects from among its members a chairman, a deputy chairman and a secretary of the commission.

Powers and competence

In addition to the formation of sustainable, effective relationships in the workforce, based on the competent implementation of enforcement proceedings, the commission is authorized to resolve disputes between management and previously employed employees. This process is based on the precedent of a dispute between a former employee and the management of an enterprise that dismissed an employee with imputation to him, a disciplinary sanction, or in cases where certain violations were committed. Citizens who were not hired in accordance with their qualifications can also apply to the labor dispute commission, without a reasoned refusal from.

within the competence of the commission includes a variety of conflicting issues related:

1. With the collection of wages (other surcharges).
2. With the terms of the employment contract.
3. Overtime pay and travel expenses.
4. With imposed penalties: dismissal, reprimand, imputation of liability.
5. Other issues that have not been resolved through negotiations between the parties.

The competence of the CCC does not include issues which can be decided exclusively in a court session, such as:

1. Reinstatement.
2. Recovery after dismissal.
3. Payment of compensation for forced absenteeism or salary difference, in case of demotion.

However, in these cases, the employee not only has the right, but is also obliged to apply to the CCC in the order of the pre-trial procedure. Depending on what verdict will be passed by the members of the commission, further actions of the dismissed or demoted employee will be determined.

Chapter 60 of the Labor Code of the Russian Federation in article 385 says:

Article 385. Competence of the commission on labor disputes

The Labor Disputes Commission is a body for the consideration of individual labor disputes, with the exception of disputes for which this Code and other federal laws establish a different procedure for their consideration.

An individual labor dispute is considered by a labor dispute commission if the employee, on his own or with the participation of his representative, has not settled the differences during direct negotiations with the employer.

Terms of application of employees

You can apply to the labor dispute commission within 3 months from the moment the dispute (conflict) arises. This period provides for the natural resolution of the conflict, which, if it is impossible to resolve, can be transferred to the competence of the CCC.

However, there are significant difficulties. If you apply on the issue of illegal dismissal, which can be considered in the pre-trial procedure, but does not have the authority to decide by the commission, then you must contact the CCC immediately so that the court does not have questions about delaying the time for appealing.

Article 386

An employee may apply to a labor dispute committee within three months from the date on which he learned or should have known about the violation of his right.

If the deadline is missed for valid reasons, the labor dispute commission may restore it and resolve the dispute on the merits.

Dispute resolution period

In order for your application to be accepted for processing, members of the commission are given a period of 10 days. During this time it will be reviewed. In case of refusal to produce it, you will be issued a reasoned opinion with the reason for the refusal.

With this document it is already possible to apply to the court, as it confirms an attempt at a pre-trial settlement.

If your application was accepted, then it must be considered no later than 1 month. If the decision is unsatisfactory for you, you can appeal it in court within 10 days.

The procedure for the work of KTS

The work of the CCC is carried out at the meetings of the commission. Meetings are held as needed. The appointed date is determined in advance in order to have time to notify the parties to the conflict, as well as employees involved in resolving the issue.

At the meeting the director or his representative must be present, as well as the injured party or its representative. The secretary of the meeting gives a list of those present, determines the quorum and draws up minutes of the meeting. The meeting is chaired by the chairman of the commission. He invites the parties to speak and express their principled position regarding the overdue contradiction.

After the speeches of the participants in the conflict, other people present speak, which can reflect the nuances of the conflict that occurred. After hearing the participants of the meeting, the members of the CCC conduct an open vote on the adoption of a decision. After the decision is made, it is imputed for immediate execution within three days.

The work of the commission consists of three fundamental stages:

1. Acceptance and consideration of the application.
2. Organization and conduct of the dispute resolution procedure.
3. Decision making and control over its execution.

Commission's decision:

1. Non-negotiable.
2. It is resolutive.
3. Subject to immediate execution.
4. Can only be challenged in court.

Chapter 60 of the Labor Code of the Russian Federation, article 387:

Article 387

The employee's application received by the commission on labor disputes is subject to mandatory registration by the said commission.

The Labor Disputes Commission is obliged to consider an individual labor dispute within ten calendar days from the date the employee submits an application.

The dispute is considered in the presence of the employee who submitted the application, or a representative authorized by him. Consideration of the dispute in the absence of the employee or his representative is allowed only upon a written application of the employee. If the employee or his representative fails to appear at the meeting of the specified commission, the consideration of the labor dispute is postponed. In the event of a second non-appearance of an employee or his representative without good reason, the commission may decide to withdraw the issue from consideration, which does not deprive the employee of the right to file an application for consideration of a labor dispute again within the period established by this Code.

The Labor Disputes Commission has the right to summon witnesses to the meeting and invite specialists. At the request of the commission, the employer (his representatives) is obliged to submit the necessary documents to the commission within the time period established by the commission.

A meeting of a labor dispute committee shall be considered competent if at least half of the members representing employees and at least half of the members representing the employer are present.

At a meeting of the commission on labor disputes, a protocol is kept, which is signed by the chairman of the commission or his deputy and certified by the seal of the commission.

Features in the structural divisions of the company

If the enterprise is large, consisting of subordinate units, each of which has more than 15 employees, a commission can be created in each unit. In this case, the employee's rights will be protected directly in the department or workshop in which he works, which creates the conditions for the most thorough investigation.

When the company has organized KTS in structural divisions, this indicates a high degree of management responsibility and giving them certain priorities for their employees. Members of the CCC of a structural unit do not resolve the issue on their own. They carry out the necessary organizational and research work.

But the consideration of the issue takes place at the general meeting of the commission on labor disputes, the enterprise. Members of the CCC of the unit also take an active part in it and have the right to vote when making a decision.

Contacting KTS

The appeal takes place on the basis of an incident that has turned out to be insoluble for the employee of the company by applying their own efforts. An appeal is considered to be the submission of an application to the commission with a request to consider a conflict precedent. If the company has KTS in structural divisions, then the employee submits an application to an authorized member of the KTS of his unit. He endorses it and submits it to the higher authority.

At the same time, the issue of considering the application and the possibility of a motivated refusal is taken not by the structural CCC, but by the company's commission, since it is signed by the chairman of the commission and certified by the secretary in accordance with the nomenclature requirements.

The application is written in the name of the Chairman of the CCC, indicating his last name, first name and patronymic. Next, the applicant indicates his personal data. The application can be drawn up in a free form, or it can have a standard version and be drawn up on a special form. These conditions are local in nature and may vary significantly between enterprises and in various regional systems. The universal conditions for drawing up applications of this type are:

1. Description of the fact of the incident on the basis of which the dispute arose.
2. Conditions that aggravated the dispute.
3. Justification of one's innocence (innocence) in the current conditions.
4. What measures were taken to resolve the conflict situation.
5. At what stage did the relationship stop and reached an impasse.
6. Please resolve the issue.

After listing the indicated provisions, put the date and signature with the decoding of the last name.

An application form can be downloaded.

A completed sample is available.

Conclusion

Contacting the commission is the most convenient and popular way to consider the issue. If the commission takes your side, you can assume that the conflict situation has been resolved in your favor. Remember that if you are applying for an illegal dismissal, then you need to act urgently, given the incompetence of the commission to put pressure on management in resolving such issues. It can only give a recommendation, which the leader, in contrast to resolutive decisions, has the right not to execute. You must have time to apply to the court.

Labor activity cannot be completely devoid of conflict situations that arise both between employees within structural units, and between an employee and an employer.

The cause of the conflict and the employee's belonging to one or another category of employees is not important. The main thing is legal literacy in dealing with the resulting conflict. And here, without fail, a commission on labor disputes is needed, the purpose of which is to consider such issues.

Education according to legislative acts

In accordance with the Labor Code of the Russian Federation, any labor conflict at the enterprise must be considered by the commission on labor disputes. In order for such a body to be able to perform its direct functions, it must be created. The process of education itself takes place in accordance with the established procedure, enshrined in the Labor Code of the Russian Federation.

The reason for the creation or convening of a body can be both a statement by the employer himself and the employee, that is, the formation of a labor commission can be initiated each side of the dispute.

You should also be aware that a commission can be created to resolve one dispute, but can continue to function in the same composition and for further consideration of conflict situations. current law structure expiration date not defined.

The main principle of creation: representatives from the employer and the worker must be in equal proportion. In turn, representatives on behalf of the employer are directly appointed by the head of the enterprise (if the dispute takes place in an individual enterprise, the appointment is made by an individual).

The choice of representatives from the work collective can be carried out only on an elective basis with a collegial convocation of workers, for example, at labor conferences. You can also delegate representatives, who will then be approved or rejected at the collective meeting.

You should be aware that the employer himself and the representative from the labor collective must receive written documents on the need to convene such a body and respond within 10 days from the date of receipt by sending their representatives to the commission.

All members must be warned that they are members not only orally, but also in writing.

A body of such importance can be created not only at the level of the company itself, but also at the level of its structural divisions. Creation procedure similar.

A council for resolving conflict situations of such importance should have its own structure, which is why by voting it is necessary to appoint the chairman of the body, his deputy, as well as the secretary. Also, such an organization has its own seal.

Speaking about education, it is necessary to mention that if an enterprise, represented by the head, refuses to create such a commission or does not obey its decision, without giving it the powers that it should have, it can be applied administrative responsibility.

It must be remembered that the consent of the employer to the formation of a competent authority for disputes is strictly required.

When all employees give their consent to participate, the order of the head must be formed without fail. Without it, the creation will not be legitimate. The document is printed on a special form - company. In its absence - on a simple white sheet.

The order must specify:

• Name of the organization;
• date of creation;
• city;
• the reason for the creation of the commission, for example, at the initiative of the trade union, due to the appeal of Ivanov I.I. etc.;
• members of the commission with the definition of the structure: who will be the chairman, secretary, etc.

The order must be signed company general director. Its copy or scan must be brought to the attention of all employees.

Competence, composition, powers

Composition of the commission:

1. Representatives of the employer who are delegated based on the order of the management.
2. Representatives of the labor collective representing the interests of the employee with whom the dispute arose.

The structure of the commission on labor disputes consists of the following:

• chairman;
• vice-chairman;
• secretary.

It is believed that the minimum number of members of such a meeting is cannot be less than 15 people.

The most important function is consideration of individual disputes that occur within the same organization. Powers do not "go beyond" the enterprise.

A notable feature of the rights is that the commission is an independent unit, it is not subordinate to the leadership. You should also be aware that disputes can be resolved by involving these representatives both between management and current employees, as well as those employees who no longer work in this institution.

Individuals who applied for any open vacancy and were not accepted for other than objective reasons may also apply to the authority upon application. There is no reason to dismiss the complaint.

Competence and powers regarding the consideration of disputes may relate to following questions:

1. Correctness, correctness, rationality of payroll.
2. Application of penalties to an employee, including recovery from wages.
3. Working conditions, their proper provision.
4. Recruitment and dismissal from office, demotion, etc.
5. Any other problematic issues that have not been resolved as a result of an agreement between the subjects.

But the competence of this council cannot include such subject areas, how:

• reinstatement after demotion;
• reinstatement at work in any position after dismissal;
• any kind of compensation payments related to dismissal;
• retention of funds based on absenteeism.

All of the listed subject areas are already within the competence of the court and should be considered exclusively in court, by the decision of which a legitimate verdict will be issued: to reinstate or not.

Competence and powers are also defined by the Labor Code of the Russian Federation, Article 385.

The main question that worries most: at whose request such a competent body can be created? Under current legislation, such an initiative can come from both the employee and the employer.

At the same time, a representative of an employee, that is, a trade union organization, can submit a desire to create. In addition, the initiative can simultaneously come from both sides - by agreement.

In addition, the right to convene is also granted to former employees who still have contentious issues, as well as job applicants.

Another thing is that it is not always possible to create such a body at the request of the employees themselves, who even have any strong claims against their employers.

People believe that creating such a body does not make any sense, since the outcome of the case is predetermined anyway. Someone does not come forward with such an initiative only because of the unwillingness to spoil relations in the team, fearing that, despite the resolution of the dispute, then the employee's career at this enterprise will be predetermined.

Terms of circulation

According to the current legislation, each employee can apply to such a commission within a strictly prescribed period - within 3 months after the violation itself arose. The term of application can be extended only due to valid reasons, which will be documented, for example, due to illness.

At the same time, for the employer, the application period is set throughout the year.

At the end of the case, the committee must decide corresponding decision- an official document, which will be the legal basis for further actions.

It should be noted that each decision must be correctly drawn up, including in terms of information content. According to the current regulatory legal act, the decision must necessarily display following:

1. The full name of the legal entity where such a dispute is being considered.
2. Full name, position, qualification, specialty, etc. the employee who is one of the participants in the disputed conflict.
3. The date on which the application was accepted for consideration.
4. The date when this dispute was considered by the CCC.
5. The essence of the conflict, that is, the subject of the dispute.
6. List of all persons who were present at the hearing.
7. Just a decision. The description must be complete with the presentation of the legal essence of the decision taken, its compliance with legislative acts (they should be indicated).
8. Voting and its results.

it mandatory substantive parts of the CCC Decision, without which the document can be declared illegal and it can be appealed in the highest instance - in court.

The document must be signed by the chairman of the commission, stamped.

Adoption

By the way, copies of decisions within 3 days upon acceptance, must be given to both the employer and the employee. Each party involved should be familiar with it.

Consideration order

The case is being heard only in the presence the employee himself or his authorized body. The CCC meeting may be held in the absence of the applicant only if he has given his written permission to do so.

If the party did not appear at the meeting, then the CCC is postponed to another date. If the employee also did not appear for the second consideration of the case, did not provide supporting documents confirming the good reason for the absence, then the issue can be dropped.

At the same time, according to the law nobody limits non-appearing subject to reapply.

Witnesses, consultants, labor law specialists, etc. can be invited to CCC, that is, all those who can objectively help resolve the conflict legally.

Based on the results of the meeting, a protocol is necessarily kept, which must be signed by the chairman and secretary of the CCC.

Appeal

After the CCC decision has been made, all participants in the process have 10 days to appeal such a result. If an appeal is not received within the allotted time, then three days after the expiration of 10 days to appeal the decision must be made.

transfer

As mentioned earlier, the meeting may be postponed due to the primary absence of the applicant, that is, the employee. In case of a second non-appearance, such a meeting is not postponed.

Sample Application

The main document that an employee must submit to create and convene a CCC is statement. Of course, there is no strictly established form for such a document, but it is necessary to adhere to common scheme.

Document must be specified:

• who is applying;
• applicant's contact details
• who or what organization is applied for;
• the reason for submitting such an application, the essence of the conflict: what the subject wants to receive, the date the application was submitted, the signature.

The application may be accompanied by applications- documents that explain or clarify the essence of the dispute.

The application is accepted, registered and stamped with the incoming document. Then the procedure for creating the CCC should already be started.

Thus, in the event of any labor dispute, it is necessary to apply for the creation of an appropriate commission. This is a way not only to resolve the conflict that has arisen, but to consider it from different angles, proving that you are right. Considering cases in this way is not always harmful, as many people think, but, on the contrary, can bring the employer and his employees closer together.

The principles of work of this commission are discussed in the video.

The Labor Disputes Commission is a local executive body that is created on the initiative of employees or the employer. The number of representatives from employees and the employer must be equal. This is stated in Art. 384 of the Labor Code of the Russian Federation.

If the initiative to create such a commission came from employees, then the employer and the representative body of employees must select representatives and send them to the commission within 10 days.

Composition of the commission on labor disputes

As already mentioned, the commission consists of an equal number of representatives of workers and employers. Representatives from the employer are appointed by the head of the organization or individual entrepreneur. Employee representatives are elected at a general meeting of all employees. If any employee is absent from the meeting without a valid reason, he cannot be elected as a representative to the commission.

If the enterprise has a representative body of workers, then they can delegate workers to be members of the labor commission. Only after this will a general meeting of all employees be held, at which voting for the elected representatives will take place.

In addition to the commission for the organization as a whole, the enterprise may organize similar commissions within the framework of structural divisions. Such commissions have the right to consider disputes that are relevant only to these units. From the members of the commission, its chairman, his deputy and secretary must be elected.

Commission on labor disputes at the enterprise

The commission on the enterprise as a whole has its own seal, with which it "fastens" its decisions. It must stand on every decision. Without a seal, the decision of the commission is considered invalid.

The commission on labor disputes at the enterprise considers disputes that have arisen between the employer and a specific employee. That is, only individual disputes. Collective disputes are considered by other bodies.

But not all disputes can be considered by this body. Its powers do not include the consideration of disputes:

• about illegal dismissal;
• about reinstatement in the workplace;
• on transfer to another job;
• about unmotivated refusal to hire;
• other disputes, which are listed in Art. 391 of the Labor Code of the Russian Federation.

An application to the commission can only be written by an employee. The employer must file a lawsuit immediately. An employee can also go to court, bypassing the commission at the enterprise.

The Commission makes its decision on the dispute within 10 days after receiving the application from the employee. A copy of this decision is given to the employee. The decision of the commission is binding on the employer and employee. This must be done within 3 days. If one of the parties does not agree with the decision of the commission, it can sue.

The employer and the employee may apply to the court within 10 days after they receive a copy of the commission's decision. The Commission takes its decision on the dispute by secret ballot. The decision is made by a simple majority of votes of the members of the commission.

The "trace" of the commission on labor disputes goes back to the Soviet Union. Previously, every large enterprise had a committee on labor disputes. Its activities were regulated by the Law of the USSR dated March 11, 1991 No. 2016-1 “On the procedure for resolving individual labor disputes”.

This law lost its force in 2006, when this committee was renamed the “commission on labor disputes”, and the norms for regulating its activities were “transferred” to the Labor Code of the Russian Federation. The powers of the Soviet committee were identical to those of the modern commission.

What does the commission consider?

The Labor Disputes Commission considers individual labor disputes. In particular, these include:

• disputes concerning working conditions of employees;
• disputes consisting in disagreement with changes in working conditions and an employment contract;
• disputes regarding the brigade form of labor organization;
• disputes relating to the salary of an employee;
• disagreements regarding employee bonuses;
• disagreements related to deductions from wages;
• disagreements regarding wages in conditions that deviate from the norms;
• disagreements related to guarantee and compensation payments;
• issues of labor discipline;
• disputes about the removal of disciplinary sanctions;
• disagreement with the removal from work of a particular employee;
• disagreements about making relevant entries in the work book;
• disputes related to the issuance of a work book and payment for the time of its delay;
• disagreements regarding working time and rest time;
• disputes related to the protection of the life and health of workers.

This is stated in Art. 391 of the Labor Code of the Russian Federation. Based on the number of this article, the following disputes cannot be submitted to the commission for consideration:

• concerning the reinstatement of the employee at his workplace, regardless of the reason and for what reason the employment relationship with him was terminated;
• associated with a change in the date and wording of the dismissal of a particular employee;
• regarding the transfer of a particular employee to another job;
• concerning payment for the time of forced absenteeism or the payment of the difference in wages for the time of performing lower-paid work;
• related to illegal actions / inaction of the employer during work, processing and protection of the employee's personal data;
• relating to compensation by the employee for damage that he caused to the employer, unless a different procedure is provided for by federal laws;
• regarding unreasonable refusal to hire a person for work;
• arising from persons working under an employment contract with employers - individuals, but not being individual entrepreneurs, and employees of religious organizations;
• regarding alleged discrimination in the workplace.

These disputes can only be considered in court.

Commission response time

In order for the commission to consider the dispute, an employee who believes that his rights have been violated must submit an application to the CCC for consideration. In the statement, he describes all the facts of the violation, while proving his position and providing the necessary evidence.

The application is submitted in accordance with the rules of office work, that is, through the secretary or another member of the commission who can correctly register the incoming document. Within 10 days from the date of submission and registration of the application as an incoming document, the commission must consider the application of the employee. The review period is mandatory and is not subject to extension or revision.

Individual labor disputes in the commission

In Art. 381 of the Labor Code of the Russian Federation defines an individual dispute. According to the interpretation of this article, such a dispute is a disagreement that has arisen between a particular employee and the employer on certain issues.

These questions include:

• issues of applying the norms of labor legislation and other normative acts containing the norms of labor law;
• questions on collective agreements and other agreements;
• issues of application of a specific local regulatory act in a specific situation;
• issues on employment contracts, including changes in certain individual working conditions and the establishment of previously unspecified conditions.

Such a dispute may arise between:

• employer and employee;
• employer and dismissed employee;
• an employer and a person who was not hired for various reasons.

Collective labor disputes in the commission

Such a dispute arises between a representative of employees and a representative of the employer. The conflict arises on issues that relate to:

• establishing and changing working conditions;
• employees' wages;
• conclusions, changes in certain conditions and fulfillment / non-fulfillment of certain conditions of collective agreements;
• the refusal of the employer to take into account the opinion of the elected representative body of employees when adopting one or another regulatory local act.

At the stage of consideration of a collective dispute, there are conciliation procedures. These are such events, the purpose of which is to resolve the conflict situation with the help of a conciliation commission or other mediator. If the dispute cannot be resolved peacefully, then one of the ways out is a strike. This is a temporary refusal of employees to perform their immediate job duties. Refusal occurs on a voluntary basis with the obligatory notification of the representative of the employer and the employer himself.

Within three days from the moment a collective dispute arises, a conciliation commission is created on the basis of the employer, which must find ways to peacefully resolve the conflict situation. The decision to create this commission must be formalized in the form of an appropriate order for the enterprise. The representative body from the employees must also make its decision on the establishment of a commission.

Within 5 days from the date of issuance of the order on the establishment of such a commission, the collective dispute must be considered on the merits. If the parties come to an agreement to extend this period, then this can be done, but the agreement must be formalized in the form of a protocol.

If the parties could not reach a common solution based on the results of the consideration of the conflict by the conciliation commission, then it is necessary to proceed to the next stage. This is a consideration of the dispute with the participation of a mediator.

He is chosen by both parties to the dispute or appointed by the Collective Labor Dispute Resolution Service. This stage is not mandatory in the procedure for resolving a collective dispute, so you can skip it and immediately refer the case to labor arbitration. This is a temporary body, it should not function permanently. Such arbitration shall include representatives of the dispute itself, as well as a representative of the Settlement Service. If the employer refuses to collect the arbitration and refer the case to him for consideration, then the workers have the right to go on strike.

The decision of the commission on labor disputes

The commission on labor disputes, as a result of its consideration, must make a reasoned decision. In this case, it is necessary to observe a certain algorithm:

• accepted within 10 days from the date of registration of the application from the employee as an incoming document;
• the dispute should be considered only in the presence of the employee or his representative. The latter is appointed upon a written application from the employee;
• it is allowed to invite various experts, specialists, witnesses and other employees who will help make a reasoned decision;
• in order to make an optimal decision, an equal number of representatives from each side of the conflict should be present at the meeting of the CCC;
• in Art. 388 of the Labor Code of the Russian Federation says that the decision is made based on the results of a secret ballot. A simple majority of votes is sufficient to make a reasoned decision.

In Art. 388 of the Labor Code of the Russian Federation says what information should be reflected in the decision of the CCC on a specific labor dispute. It:

• full and abbreviated name of the employer. It should be indicated exactly as it is written in the constituent documents;
• Full name, position, profession or specialty of the employee who submitted the application;
• date of acceptance of the application;
• date of consideration of the dispute by the CCC;
• the content of the dispute;
• Full name of the persons present at the meeting from the CCC, as well as other invited persons;
• the content of the decision adopted by the CCC, as well as its legal justification;
• Voting results.

All this information must be reflected in the decision. Without this, the decision can be challenged in court. Then all the work of the commission will not be recognized as legitimate.

The decision is signed by the chairman of the commission or his deputy having such authority. The decision is certified by a “live” seal of the KTS. A copy of the document is issued to each party to the dispute, and the original must be kept by the commission itself. The term of issue is 3 days from the moment of acceptance.

Terms of consideration in the commission on labor disputes

In order for the commission on labor fees to be assembled, an initiative is needed, both from representatives of employees and representatives from the employer. Representatives of employees can be elected as members of the commission in the following ways:

• holding a general meeting of employees and selecting specific employees;
• delegation of several employees from the representative body by the employee, and then further approval of the list at the general meeting.

The choice of members in both cases takes place by a general vote. Those workers who get the most votes win.

Representatives in the KTS from the employer are appointed by order of the management. The committee can have any number of members. The main condition is that there should be an equal number of representatives from employees and representatives from the employer. The proposal on the approximate number of members should come from the initiator of the convening of the commission.

The dispute must be considered within 10 days from the moment the employee whose rights were violated (in his opinion) filed an application with the CCC. This period cannot be extended or changed for any reason. After these 10 days, a reasoned decision of the commission must be made.

It is not final in the resolution of the dispute. If the employee or employer does not agree with it, he has the right to appeal against it. Appeal takes place only in court.

The claim must be filed within 10 days from the moment the party to the labor dispute receives a copy of the commission's decision. If the plaintiff cannot, for any reason, file a claim within 10 days, he can restore it in court.