Labour disputes are of two kinds: collective and individual.They have a different legal nature, so their solutions are used in different ways.Article three hundred and eighty-second Russian Labor Code provides for the resolution of individual labor disputes by the courts or by special commissions that deal with labor disputes.This means that the law provides for the resolution of labor disputes proivesti two levels - trial and pretrial.Conventionally, individual disputes can be divided into:
- Commission considered the beginning of the labor dispute, and the court is connected only in the event that one or both of the parties wish to appeal the decision of the Commission;
- initially considered by the court.
Commission considering labor disputes in enterprises and organizations created at the initiative of both parties involved in labor relations.Resolution of labor disputes individually only commissions that are created at the place of work the member of the staff who is involved in this conflict.If the Commission on the ground of his work is absent, about any individual disputes is necessary to immediately go to court.
resolution of labor disputes such a commission regulates the Labour Code, and the resolution of the court - the Civil Procedure Code and the Federal Law "On Magistrates Russia" from the seventeenth day of December 1998, and has been named magistrate.The only exceptions are cases in which recovery is seen in the workplace (Article twenty-second the Civil Procedure Code of Russia).These cases involved the main link in the federal courts relating to general jurisdiction, that is all district courts.As a general rule, adopted by the courts, the claim shall be presented at the location of the defendant or his estate.
important to note that the legal nature of the decision of the commission on individual labor disputes forced their decision does not expire, but only the will of the State to ensure recovery, including force, workers' rights.
It should be noted that for certain categories of workers have a special procedure, which is performed by the resolution of labor disputes.Examples of these groups include workers who are elected, appointed and confirmed to their posts by the highest state authorities of Russia, as well as judges and prosecutors.Their labor disputes governed by the laws of the Russian Federation "On Prosecutor's Office" and "On the Status of Judges", as well as some other laws.The resolution also disputes involving civil servants of court may be made to a higher government bodies, given the chain of command.It is also possible in certain cases to apply the laws, considering the violation of freedoms and rights of citizens.
resolution of collective labor disputes stipulated in the sixty-first chapter of the Labour Code of Russia, which provides certain rules of conciliation conducted by the conciliation commission with the participation of a mediator or review of such special labor dispute arbitration.The same chapter contains a detailed regulation of strikes as one of the measures of a collective labor dispute solutions.It follows that the way to protect the collective rights through the court there is no labor law nor the Civil Procedure nor the Administrative Procedure Code of the Russian Federation.
So individual disputes in the Russian labor legislation can be addressed on the pre-trial and at the trial level.And to solve the labor dispute, which involved the whole team or a certain part, there are only non-judicial way.
