Collective labor disputes - these are conflicts that employer and employees have not been able to resolve between themselves through negotiation.They are more general than those that affect the interests of an individual employee.
Collective labor disputes are classified according to different criteria.On the subject they are divided into:
- those that are not associated with the regulation of collective bargaining;
- those that arise concerning the implementation or agreements.
Collective labor disputes flare up due to changes in, or establishment of an employer working conditions.And if he refuses to take into account the opinion of a body representing the interests of employees, during the adoption of a regulation.Such disputes can "break out" in any organization.Requirements subordinates in this case, are a major point of contention.The employer and the body representing workers, are parties of this type of dispute.He can not appear on a branch, territorial or regional level.
Collective labor disputes of this kind - a conflict of interest (ie economic), since there is a collision of different views of the employer and employees.Both parties seek to establish an environment of activity that would be most beneficial to them.At the same time they are also willing to consolidate their creation of a normative act with relevant content.But the legal right to such actions, no, nor the second does not.
practice is more common second group disputes.This is due to operation of the mechanism of social partnership.These spores although arising from the process of collective bargaining, yet uniform.So they, in turn, are divided further into two categories:
- those that arise because of a change or collective agreements;
- those that arise as a result of compliance or non-compliance with the obligations stipulated in the collective labor act.
The first category is related to the conduct of negotiations.The subject of the dispute is a certain condition or conditions regulation.They may relate to, for example, the composition of the Commission, which will negotiate or determine their procedures.
It conflicts of interest.Any stage of negotiation can be stopped by them.So who will be the parties to the dispute depends on the level at which it occurs.This could be the employer and the body representing the interests of employees.And at the regional, federal one party acts employers' association, and the other - the unions.
Disputes arising due to the implementation of collective agreements - a conflict of rights (ie legal).They appear when the employer fails to fulfill past commitments.They can also occur due to contrived or real violations of the rights of subordinates, arise from the interpretation of collective regulation.Accordingly, their parties are the following: body representing the employees, and an employer who has not fulfilled or improperly fulfilled the conditions stipulated in the collective agreement.
Conflicts of this kind occur only at the level of a particular organization.
Russian legislation (as opposed to the model adopted abroad) establishes a procedure to resolve disputes of any category.In countries with market economies a very different approach.There conciliation procedures apply only when resolving "conflicts of interest".If labor rights were originally envisaged to sign a collective agreement, the court can not restore them.
In our country everything is different.Although a single procedure for resolving labor disputes of all types is another step on the path to change.Perhaps many will change the completion of the judicial reform.The hope is that if labor disputes of interests and rights will be held by different procedures.
