Everyone at any time may face at work injustice to yourself.Perhaps it will be unlawful dismissal, refusal to pay compensation laid or infringement of other rights.To obtain from the employer of justice, it is necessary to know the law governing labor disputes and the procedure for their authorization.This article will discuss the main ways of resolving such conflicts.
concept of labor disputes
Labor disputes are disputes which may arise between the subjects of legal relations governed by labor law.They are divided into individual and collective.
emergence and settlement of labor disputes taking place in several stages:
1. Violation of the rights of one or a group of employees.
2. The emergence of disagreements between the parties in assessing the circumstances of the incident.
3. The resolution of the situation in the pretrial order.
4. Privacy policy violation in a jurisdictional body.
Individual labor disputes and the procedure for their resolution
subjects such relations are the individual employee and the employer.The dispute may be in violation of labor laws, labor contract settlements, agreements, collective agreement, and if there are disagreements on the application of certain rules of law.
individual disputes will be considered:
- if the employee is or was formerly an employee of the employer of the enterprise;
- if the person expresses a desire to formalize a labor contract, but the employer was denied without a valid reason.
Such disputes will be addressed as follows:
1. The general procedure.In this case, the decision will be entrusted to a labor dispute committee, which is created by one year.It consists of representatives of employers and trade unions.The decision must be unanimous.If the employee does not agree with him, he can go to court.It should take account of the treatment.
2. Some labor disputes are subject to review only by the courts.When submitting a claim, do not forget about jurisdiction.The court's decision marks a general rule, only at its entry into force.But in the case of recovery in the same place or the payment of wages - immediately.
3. The special procedure to consider disputes of certain categories of workers by higher authorities, they obey.When making decisions, they are guided by the law and the charter of the enterprise.
collective labor disputes and the procedure for their resolution
subjects such relations are a group of workers and employers (or their representatives).Such disputes are taking place in the event of disagreement over working conditions (establishment or modification), the implementation or modification of collective agreements, and ignoring the views of trade unions by the employer at the time of the adoption of internal regulations.
law governing the labor disputes and the procedure for authorization, provides several stages of review:
1. The decision by the conciliation commission.It consists of two sides of the labor dispute in equal numbers.The decision formalized protocol.It is mandatory for execution in the specified time for all participants.
2. If no agreement has been reached in the conciliation committee for the settlement of the case invited mediator.His candidacy is approved by agreement between the two sides.This step is not mandatory.
3. If the parties to a collective dispute has not been able to settle their conflict by means of the conciliation commission or a mediator, then make a decision in this situation is labor arbitrage.To form and prepare lists of arbitrators from participating parties to the collective agreement is a state body that deals with the settlement of collective labor disputes.They may also involve experts (lawyers and economists).The decision is binding.
Thus, legislation governing labor disputes and the procedure for resolving them, protects the rights of not only the workers, but the employers.
