Nowadays individual labor disputes which arise between managers and workers, are quite common.They relate to issues of wages, working conditions and other violations of labor legislation that simply talks with the administration will not solve.Therefore, more and more often people turn to the courts, bypassing the bodies of pre-trial resolution of individual confrontation "employee - employer".That the labor dispute commission to oversee compliance with the legislation.
And, in fact, what is called an individual labor dispute?It is outstanding, unresolved disputes between employees and managers, which are stated in the authority empowered to deal with such issues.Although it is not only an employee, former employee and labor relations which has already terminated.
So today we'll talk about the public authority, which is the committee on labor disputes, or rather, the commission on labor disputes.It includes an equal number of representatives from labor and management team.Workers' representatives nominated to the committee at the meeting, and representatives from the administration appointed by the head.The commission on labor disputes may be elected not only the organization but also in its individual divisions.The main requirement - in the organization or its units must work at least 15 people.
To avoid violations of workers' rights and legitimate interests, the Commission's activities should be determined by the same rules that would meet the interests of the employees.Therefore, the organization should be developed and approved by the general meeting of the collective position of the Commission.
What questions can resolve the labor dispute committee?Typically, these are issues of laws and legal acts relating to labor law, labor and collective contracts and agreements.
If the employee is unable to resolve the issue with your employer on his own, he may apply in writing to the so-called "conciliation" commission set up in the organization.The application is registered on a mandatory basis and not later than ten calendar days shall be heard at the commission meeting.In the three-month period from the time when an employee saw the violation of their rights, he may apply to the Commission for the enterprise.But if this period is broken for good reasons, then solve its dispute on the merits may be in an unknown time.
dispute between the two parties is considered in the presence of the employee or, in extreme cases, his representative.If the employee or his representative could not attend the meeting of the committee, the issue will be considered without them only upon written request.If such was not, consideration is postponed for another time.At repeated failure to appear at a hearing, without good reason, the Commission can not consider the larger question.
labor dispute committee may invite to its meeting of specialists to call witnesses.The head of the organization in which there was a conflict situation, shall in due time submit to it all the documents needed to resolve the issue.
Commission on labor disputes as a result of the secret ballot decides.A copy of the decision of the commission, signed by the chairman or his deputy and stamped, and handed over to the employee, and the head of the organization no later than three days from the date of its adoption.
Commission Decision on individual labor dispute must necessarily be carried out within three days after the deadline, which is provided on an appeal (usually 10 days).If the decision of the commission is not satisfied, the employee is issued a certificate is a document for execution.This certificate can not be issued only when the employee wrote to postpone initiated their case to court.
employee who is not satisfied with the Commission's decision can go to court and challenge it within the period of 10 days from the date of delivery to him of the copies.However, he must decide whether to appeal directly to the Commission on the controversial issues of the organization or directly to the court.
