Conflicts between employees and managers occur at many enterprises.The subject of such controversy may be completely different, but the procedures for its decisions there are only a few.How legally correct to settle a labor dispute?This will be discussed further.
individual labor disputes
The Labour Code stipulated the concept of individual labor dispute.This kind of contradiction - a disagreement between an employer and an employee in the application of laws or other regulations that contain provisions on labor law, collective or employment contract, etc.Moreover, such a problem employee must notify the Commission for consideration of labor disputes.To do this, he needs to submit an application.
law does not indicate that the labor dispute could be formed only between the management and staff, who is an employee of the company.The Board of Grievances is also permitted to apply:
- parties that previously were in an employment relationship with this organization;
- citizens who apply for a vacant place in the institution.
subject of the dispute may be some outstanding issues:
- recovery of damages;
- payment of wages;
- provide any benefit;
- other conflict issues that relate directly to employment.
Lawyers advised not to ignore their recourse to the CCC to defend legitimate interests.
Collective labor disputes
consideration of collective labor disputes is carried out in a slightly different order.By definition, such disagreement - is an unresolved claim, which extends to the employer a group of subordinates (eg, department, workshop) about any change in the conditions of labor, imprisonment, or execution of a collective agreement, contract, or due to the tilt of the director or the owner of the organizationopinion of the elected body of employees when making local (internal) regulations.
collective labor dispute usually involves several stages:
1. To start a group of employees who are dissatisfied with working conditions or the acceptance of innovation, applies the head of the enterprise.Typically, this action produces a representative selected from the team.
2. In consideration of this complaint to the employer is given 3 days.During this period, he must either accept the demands of his subordinates, or to deny them.If the principal would still be willing to at least make some concessions, it should create a so-called "conciliation" commission.It should be composed of both members of management as well as representatives of the collective in equal numbers.The decision of the group registered in the minutes.
3. If the parties do not reach an agreement, you can invite to resolve the problem of the mediator or review the claim in labor arbitration.
4. When all of the above actions are not permitted to labor dispute, employees have the right to organize a strike, notifying the head of 10 days.
When can I apply to the court
Consideration of applications from employees in any of the above commissions - a rare phenomenon.Many people skip this step and go immediately to court.If CCC rejects your application, do not make a decision in your favor, appealing the decision.For this law is given 10 days from receipt of the Commission's response.In any case, labor litigation treated for three months from the date of violation of the rights of the employee.
In conclusion, we wish you not to fall into situations of conflict and work only for fun.
