Consideration of individual labor disputes in the CCC

Concept and types of labor disputes

In Russian legislation, a labor dispute is understood as a conflict that has formed between an employer and his subordinate, which was submitted for consideration by a court or a special commission. Such disputes may be individual or collective. In the second case, the company may suffer serious losses as a result of the litigation.

Most often, a dispute is preceded by a violation by the employer of the rights of employees. This may be expressed in delayed wages, refusal to provide leave, or illegal layoffs. In addition, there are often conflict situations when the employer makes excessive demands, forces people to work on weekends without pay, and adds responsibilities not covered by the current employment contract.

Often a labor dispute arises when an employee quits and receives a paycheck. Unscrupulous workers try to pay settlements as little as possible and use various tricks to achieve this goal. This is especially true if the employee’s occupation involved material assets.

Summarize.

As we can see, the employee is given enough opportunities to protect his violated labor rights. Moreover, having submitted an application for consideration of the dispute in the CCC, he can also contact the labor inspectorate, although it is not one of the bodies required to resolve an individual labor dispute. The labor inspectorate is a control and supervisory body and has the right to issue a mandatory order to the employer only if a violation of labor legislation is detected. In addition, the labor inspectorate does not have the right to participate in the resolution of a labor dispute if it has been accepted for consideration by the court (Article 357 of the Labor Code of the Russian Federation).

Since the court, as a rule, sides with the employee, we advise you not to bring the matter to trial, but to try to resolve the dispute and resolve differences through negotiations or with the help of the CCC.

Suverneva A.I., expert of the group "Ayudar"

Deadlines for application and limitation, consideration

The statute of limitations is a certain period during which a citizen can go to court to restore or protect his rights. Yes, Art. 196 of the Civil Code of the Russian Federation, establishes a period of 3 years from the date of discovery of violations of rights. However, in the current labor legislation there is no concept of a claim period, but the definition of “time limit for filing a lawsuit” is used.

According to the Labor Code of the Russian Federation, for individual labor disputes the period for going to court is 3 months from the date of discovery of a violation of rights. There are exceptions:

a month is given to apply for dismissal, the period is counted from the date of issue of the work book or a copy of the dismissal order;
one year to resolve a dispute regarding withheld wages, settlement and other types of cash payments;
year for conflicts related to damage caused to the enterprise by an employee, the deadlines are counted from the date of discovery of the damage.

Restoring deadlines for labor disputes is possible only on the basis of a court decision and only if they were missed for valid reasons.

The period for appealing a decision on a labor dispute is one month from the date of its adoption. It should be taken into account that the court prepares a decision within up to two weeks, and therefore there is a risk of not having time to file an appeal. To avoid this, it is recommended to declare your disagreement with the court decision immediately from the moment it is made, and send a written complaint upon receipt of the formalized court decision.

As for the timing of applying for protection regarding collective labor disputes, everything will depend on the method of resolving the conflict:

the conciliation commission must consider the dispute within 5 days;
the intermediary is given no more than seven days, and it may take no more than three days to attract him;
labor arbitration will consider the dispute for no more than five days.

If a collective labor dispute is considered by the Federal Service for Labor and Employment, the period for consideration will not exceed one month.

Features of going to court.

First of all, let us remind you that since July 2008, district courts have been dealing with the resolution of labor disputes. According to the general rule established by Art. 28 of the Code of Civil Procedure of the Russian Federation, claims for the restoration of a violated right are filed with the court at the place of residence of the defendant. A claim against an organization is filed in court at the location of the organization. However, the legislator has provided an exception to this rule for labor disputes: claims for the restoration of labor rights can be brought to the court at the plaintiff’s place of residence (Article 29 of the Code of Civil Procedure of the Russian Federation). That is, an employee can file a claim in court both at the place of his registration and at the location of the employing organization.

The next important point is the timing of going to court. The legislator established them for both the employee and the employer, and different deadlines are provided for different categories of cases. In particular, in accordance with Art. 389, 392 of the Labor Code of the Russian Federation, the limitation period is:

• three months from the day when the employee learned or should have learned about the violation of his right - in cases arising from labor relations;

• a month from the date of delivery to the employee of a copy of the dismissal order or from the day the work book is issued in hand - in cases of dismissal and reinstatement;

• one year from the date of discovery of the damage caused – in disputes regarding compensation by the employee for damage caused to the employer;

• 10 days from the date of delivery to the employee of a copy of the CCC decision - in cases of appealing the CCC decision by the employee or employer.

Let us note that missing the deadline for filing an appeal quite often becomes the reason for refusing to satisfy a claim (rulings of the Ryazan Regional Court dated March 30, 2011 No. 33-530, St. Petersburg City Court dated March 24, 2011 No. 33-4113/11, Cassation ruling of the Vologda Regional Court dated March 25, 2011 No. 33-1279, etc.). Missing a deadline is not grounds for refusing to accept a claim.

Please note: the issue of missing the deadline for applying for protection of violated rights can be considered by the court only if the defendant has stated this (Article 12, Part 6 of Article 152 of the Code of Civil Procedure of the Russian Federation).

The court may restore the missed deadline if it considers the reasons for missing it to be valid. In the Resolution of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation,” the Supreme Court of the Russian Federation recommended that circumstances that prevented a particular employee from filing a claim in court for resolution of an individual labor dispute be regarded as valid reasons for missing the deadline for filing a lawsuit (for example , the illness of the plaintiff, his being on a business trip, the impossibility of going to court due to force majeure, the need to care for seriously ill family members).

To go to court, you must file a claim. The form and content of this document are established by Art. 131 of the Code of Civil Procedure of the Russian Federation, by virtue of which it indicates:

• name of the court to which the application is submitted;

• the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address if the application is submitted by a representative;

• the name of the defendant, his place of residence or, if the defendant is an organization, its location;

• what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands;

• the circumstances on which the plaintiff bases his claims, and evidence confirming these circumstances;

• the price of the claim, if it is subject to assessment, as well as the calculation of the amounts collected or disputed;

• information about compliance with the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by the agreement of the parties;

• list of documents attached to the application.

The application may indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, and the plaintiff may also present his petition.

The employer, as a party to a labor dispute, usually acts through the head of the company or a lawyer. Their powers must be properly formalized (Article 54 of the Code of Civil Procedure of the Russian Federation): the manager must attach to the claim an order of his appointment and a document confirming his powers, the lawyer must have a power of attorney from the organization to represent interests in court.

Of course, the employer mainly has to draw up not claims, but responses to them, the so-called objections to the claim, which are drawn up in writing and presented to the plaintiff-employee and the court. In the reviews, the employer must provide evidence substantiating these objections (Article 149 of the Code of Civil Procedure of the Russian Federation).

Please note: the initial consideration of a labor dispute takes place at a preliminary court hearing (Article 152 of the Code of Civil Procedure of the Russian Federation). There, the parties learn their rights, clarify their claims, submit petitions (for missing the deadline for protecting a violated right, for conducting an examination, etc.). In addition, it is at the preliminary court hearing that the judge tries to reconcile the conflicting parties and proposes to conclude a settlement agreement.

Already during the court hearing, the court will explain the rights and obligations of the parties to the dispute, listen to their positions, examine evidence, interrogate witnesses and invite the parties to speak out. The plaintiff speaks first, then the defendant. In any case, consistently express your thoughts, clearly and competently formulate your requirements. Keep in mind that the courts in most cases side with the employee, so you need to be very careful in collecting and providing evidence of the circumstances that the employer will refer to as the basis for his claims and objections (Article 56 of the Code of Civil Procedure of the Russian Federation).

After all the evidence has been considered, the court will make a decision and announce whether the plaintiff’s demands are satisfied or not. A written decision can be prepared within five days and is handed to the parties to the dispute against signature or sent via mail to the persons participating in the case.

Please note: the period for consideration of cases in court is up to two months from the date of receipt of the application, and cases of reinstatement at work, collection of alimony are considered and resolved within a month by virtue of Art. 154 Code of Civil Procedure of the Russian Federation.

In accordance with Art. 336 of the Code of Civil Procedure of the Russian Federation, the employer can appeal the court decision to higher courts through the cassation procedure. A cassation appeal is filed within ten days from the date of the court's decision in final form in cases arising from labor relations. In cases of reinstatement or payment of wages - within three months.

The decision of the court on labor disputes is subject to immediate execution (Article 211 of the Civil Procedure Code of the Russian Federation, Article 396 of the Labor Code of the Russian Federation) and can only be appealed in a supervisory court within six months from the date of entry into force (Articles 376, 377 of the Civil Procedure Code of the Russian Federation). If the employer delays the execution of the decision and does not issue an order to reinstate the plaintiff at work, the court may make a ruling to pay the employee the average salary or difference in earnings for the entire time of delay in execution of the decision by virtue of Art. 396 Labor Code of the Russian Federation.

Let us note that in some labor disputes the participation of a prosecutor is mandatory (clause 3 of Article 45 of the Code of Civil Procedure of the Russian Federation). In particular, he acts first in a court hearing or can enter the process at any stage in the following cases:

• about reinstatement at work;

• about compensation for harm caused to the life or health of an employee as a result of an industrial accident (in accordance with Article 228.1 of the Labor Code of the Russian Federation, the employer is obliged to notify the prosecutor’s office within 24 hours in the event of a group accident (two people or more), a serious accident or a fatal accident outcome that occurred at the enterprise.).

Procedure for consideration of labor disputes

The procedure for resolving individual and collective labor disputes will differ. To understand how to act in a specific situation, consult with a lawyer. Below is only a general procedure.

There is no claim procedure for labor disputes in accordance with the modern Labor Code of the Russian Federation. This means that the employee is not required to write a claim to the employer. You can try to resolve the conflict with the employer by drawing up an appropriate document that will indicate the requirements and relevant references to legal norms, but it is not a fact that the employer will meet you halfway.

Procedure for considering collective labor disputes

Collective labor disputes can be resolved both pre-trial and through court. The main stages and procedure for resolving the conflict in this case will be as follows:

consideration of the issue by a commission for reconciliation of the parties;
participation in the resolution of the dispute by an independent mediator;
involvement of arbitration in labor relations;
initiation of legal proceedings if a pre-trial settlement attempt fails;
compliance with a court decision by the employer.

As practice shows, the court most often sides with the employee who is least protected in labor relations.

Collective labor disputes are among the most complex. The deadlines for submitting the necessary documents are short here; it can be difficult to collect evidence, especially if employers prevent this. Therefore, it is better to entrust the protection of workers’ rights to an experienced lawyer; this will significantly increase the chances of winning a lawsuit.

Procedure for considering individual labor disputes

In the case of an individual labor dispute, the pre-trial procedure is also applicable. The employee can try to negotiate with the employer and find a compromise solution. In many cases, the violation of an employee's rights is due to a technical error that can be easily corrected.

If the search for a compromise with management fails, the employee can appeal to the labor dispute commission. The main thing is not to forget about the deadline, which is 3 months from the date of violation of rights or discovery of this fact. If the deadline is missed for a good reason, it can be restored without any problems. If one of the parties does not agree with the commission’s decision, a claim can be filed in court. His decision can also be appealed in accordance with the procedure established by law.

HOW TO CREATE CTS

Stage 1. Take the initiative

The team or management of the enterprise must take the initiative to create a CTS.

Important nuances of this stage:

• the initiative must be formalized in the form of a written proposal;

• an individual employee does not have the right to express such initiative.

CTS cannot be created at the request/suggestion of one or more employees[1];

• the employer's refusal to create a CTS may be regarded as avoidance of participation in negotiations on the creation of a CTS;

• the consequences of further events largely depend on who exactly took the initiative in creating the CTS (Diagram 1).

Stage 2. Determine the composition of the CTS

Having reached agreement on the creation of the CCC, the employee representatives and the employer’s management begin to determine the quantitative and named composition of the CCC, as well as to resolve the organizational and technical issues of creating this body (where the CCC will meet, its operating hours, the procedure for providing furniture and stationery, etc. .).

The procedure for the formation of a CTS is regulated by Art. 384 Labor Code of the Russian Federation. But the law does not contain any criteria or time frame for the activities of the CCC, therefore, when creating a CCC, it is necessary to determine the urgency or indefiniteness of its existence.

When determining the composition of the CTS, the following must be taken into account:

• requirements for the quantitative composition of the CTS are not regulated by law. But from the requirements below it follows that the quantity must be even;

• the CCC must have an equal number of members on behalf of employees and on behalf of the employer;

• The CCC elects a chairman, deputy chairman and secretary of the commission from among its members.

Stage 3. Develop Regulations on CTS

The regulations on the CCC are developed and adopted by the already elected composition of the commission. In this case, the clauses of the Regulations on the CTS must comply with the requirements established by Art. 387–390 Labor Code of the Russian Federation.

The Regulations on the CTS must provide for the following points:

• operating procedure of the CTS, its operating mode;

• procedure for convening a meeting of the CCC;

• the validity of meetings of the CCC in the absence of any of its members;

• development of regulations on the chairman and secretary of the CCC;

• quorum;

• procedure for liquidation of CTS, etc.

Causes of labor disputes

The prerequisites for the emergence of labor disputes may be different. Sometimes the culprit here is an incorrect interpretation of the provisions of the Labor Code of the Russian Federation, both on the part of the employee and his employer. In some cases, the cause may be various technical errors, such as a software glitch.

Most often, the causes and circumstances of labor disputes will be as follows:

unexpected change in working conditions under the contract for the employee;
transfer of an employee to another unit or department;
fines and other types of disciplinary action;
refusal to provide vacation or days off due under the employment contract;
non-compliance with the terms of the schedule (for example, instead of the promised 2/2 schedule, you have to work 6 days a week);
delays in the payment of wages, incomplete payment;
dismissal (downsizing) of an employee;
causing property or other damage to an employer or employee;
unreasonable, as well as violating the rights of a citizen, refusal to hire (for example, due to nationality).

Labor disputes may also arise due to the fault of the employee himself. Here we can name such reasons as showing up at work while intoxicated, systematic violations of work processes, being late, intentional or accidental damage to property, and violation of internal regulations. In these situations, the employer tries to apply disciplinary measures to the employee, up to and including dismissal, but the employee does not always agree with management’s decision. In controversial situations, it is often easier to hire a lawyer who will help defend the rights of the employee or employer without starting a dispute.

Nature and subject of the dispute

When lawyers talk about the nature of the conflict, they mean whether we are talking about the application of labor legislation or changes, establishing working conditions.

When employers block the work of trade unions and interfere with the voluntary organization of employees, we are dealing with the nature of the dispute with the application of legal norms. If management cannot ensure compliance with sanitary standards in the workplace, this is also a matter of enforcement. But if conditions do not allow the work to be done effectively, the nature of the conflict affects the establishment of working conditions.

Finally, the subject of the conflict can also be different. As a rule, lawyers deal with disputes about the recognition of a right violated by another party, or conflicts over the award of payments, compensation for harm and damages.

Labor Dispute Commission

A labor dispute commission is a special authority created at a specific enterprise or organization on the initiative of the employer or employees. The body deals with issues of labor disputes, therefore it must include representatives of each party. In turn, the parties to the conflict do not have the right to exert any pressure on the commission members.

To resolve labor disputes through a labor commission, you need to write an application in any form addressed to its chairman. If necessary, documents proving the rightness of the party are attached to the application. No later than 10 days after submitting the application, a meeting will take place, which can take place either in the presence of the applicant or without him. The progress of consideration of the application is recorded and then certified with a special seal or stamp of the organization.

The commission makes decisions through a secret vote of its members. A report on the result is drawn up in writing, which, in addition to the name of the organization and the details of its leader, displays information on the decision of the commission and the results of the secret vote. Copies of the document are transferred to each party to the labor dispute within three days. The commission's decision can be appealed within 10 days. If this does not happen, then after 3 days the decision must be executed.

Certificates issued by labor dispute commissions are equal in force to a writ of execution. However, it is not issued if one of the parties decides to continue the proceedings in court.

What is the CCC allowed to do to clarify the circumstances and make a decision?

Call and question witnesses
Request the necessary documents
Invite experts and specialists

The employer undertakes to provide the requested documents within the period specified by the commission members.

During the proceedings, it is necessary to keep a record. It is signed by the chairman of the CCC or his deputy. The document is then stamped. The protocol records:

meeting date;
composition of the commission members;
explanations of the applicant;
objections from the other party;
explanations of witnesses and experts.

The employee has the right to refuse consideration at any stage or write a corresponding statement.

Individual and collective labor disputes

Compared to collective labor disputes, individual ones are resolved simply. The employee or employer have the right to agree among themselves to resolve the conflict, submit an application to the labor dispute commission or go to court. In accordance with Art. 382 of the Labor Code of the Russian Federation, the bodies for considering individual labor disputes are only the labor dispute commission and the court.

More difficulties arise if the dispute is classified as collective. In this case, the first step is to resolve differences between the parties. To do this, a meeting or conference of employees is held, at which employee representatives are elected and demands are put forward. According to the law, a meeting will be considered valid if more than half of all employees of the enterprise were present; for a conference the minimum threshold is ⅔ of the number of employees. The employer has no right to obstruct the conduct of these events.

Requests drawn up in writing are submitted to the employer, he is obliged to accept them, consider them and provide a response within three days. If the employer satisfies the workers' demands, a labor dispute does not arise. Otherwise, employee representatives have the right to initiate conciliation procedures:

consideration of all aspects of the conflict by the conciliation commission;
involvement of an intermediary;
consideration of the dispute by labor arbitration.

Neither employees nor the employer have the right to refuse to participate in conciliation activities that are carried out within the time limits regulated by law. At the reconciliation stage, workers have the right to defend and voice their demands through demonstrations, rallies, pickets, but only in compliance with current legislation.

Conciliation procedures for resolving collective labor disputes cannot be done without a conciliation commission. Essentially, this is a body created by the two parties within three days from the start of the dispute. The use of a conciliation commission is mandatory. The employer is obliged to provide all conditions for her work, and she herself is obliged to consider the conflict situation within 5 days. The countdown begins from the date of publication of the decree on its creation.

If the conciliation commission was unable to reach an agreement between the parties, by agreement, a mediator or labor arbitration is involved. The law gives three days for this, starting from the drawing up of a protocol by the conciliation commission. If during this time the parties are unable to agree on the choice of a mediator, the creation of labor arbitration begins. It is created with the participation of the Federal Service for Labor and Employment specifically to consider and resolve issues related to collective labor disputes. The next day (after the creation of arbitration) the parties to the labor conflict are required to hold a meeting, during which they decide to entrust the dispute to the created body. If they agree, the parties draw up a written agreement in which they indicate the mandatory execution of the decision of the authority. In case of violation of the agreement, the case is transferred further to the courts. At this stage, it is important to correctly determine the jurisdiction, competently draw up a statement of claim and collect a serious evidence base. Our labor lawyers will help you with this.

Article 394. Making decisions on labor disputes regarding dismissal and transfer to another job

(as amended by Federal Law No. 90-FZ of June 30, 2006)

If dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute.

The body considering an individual labor dispute makes a decision to pay the employee the average salary for the entire period of forced absence or the difference in earnings for the entire period of performing lower-paid work.

At the request of the employee, the body considering an individual labor dispute may limit itself to making a decision to recover in favor of the employee the compensation specified in part two of this article.

If the dismissal is declared illegal, the body considering the individual labor dispute may, at the request of the employee, decide to change the wording of the grounds for dismissal to dismissal of one’s own free will.

If the wording of the grounds and (or) reasons for dismissal is recognized as incorrect or not in accordance with the law, the court considering an individual labor dispute is obliged to change it and indicate in the decision the grounds and reasons for dismissal in strict accordance with the wording of this Code or other federal law with reference to the relevant article , part of an article, paragraph of an article of this Code or another federal law.

If the dismissal is declared illegal and the term of the employment contract has expired at the time the dispute is being considered by the court, then the court considering the individual labor dispute is obliged to change the wording of the grounds for dismissal to dismissal upon expiration of the employment contract.

If, in the cases provided for by this article, after declaring the dismissal illegal, the court makes a decision not to reinstate the employee, but to change the wording of the grounds for dismissal, then the date of dismissal must be changed to the date of the court’s decision. If, by the time the said decision is made, the employee, after a contested dismissal, has entered into an employment relationship with another employer, the date of dismissal must be changed to the date preceding the day of commencement of work for this employer.

If the incorrect formulation of the grounds and (or) reasons for dismissal in the work book prevented the employee from taking another job, then the court decides to pay the employee average earnings for the entire period of forced absence.

In cases of dismissal without legal grounds or in violation of the established procedure for dismissal or illegal transfer to another job, the court may, at the request of the employee, make a decision to recover in favor of the employee monetary compensation for moral damage caused to him by these actions. The amount of this compensation is determined by the court.

Labor Disputes Committee

The department or committee for labor disputes is correctly called “State Labor Inspectorate” or “Rostrud”. Each region has its own website of the organization, which contains contact numbers, reception addresses and other necessary information.

In the scope of its competence, in accordance with Art. 356 Labor Code of the Russian Federation, includes:

control over compliance by employers with the Labor Code of the Russian Federation;
presenting orders to the employer to restore the labor rights of employees;
removal from work of persons who are not familiar with safety precautions or who do not have knowledge on this issue;
investigation of the causes and circumstances of accidents at work;
bringing to administrative responsibility persons guilty of violating the Labor Code of the Russian Federation.

In addition, Rostrud may suspend the activities of an enterprise if its management fails to comply with current legislation, resulting in a violation of the rights of workers.

An individual employee can write a letter to Rostrud to assert their rights. In some cases, the result will be obtained even faster than when solving the problem in court. Consult with our lawyer whether it is advisable in your situation to contact the State Labor Inspectorate or whether there is another, more effective way to solve the problem.

Disputes arising from labor relations

Reinstatement and payment for forced absence

According to Art. 233 of the Labor Code, individual labor disputes are considered by labor dispute commissions and courts. Individual labor disputes of certain categories of workers (citizens of the Republic of Belarus working in diplomatic missions and consular offices of foreign states accredited in the Republic of Belarus) are considered in a special manner <*>.

By virtue of Part 2 of Art. 241 of the Labor Code, labor disputes are considered directly in court on applications:

1) employees working for employers where there are no labor dispute commissions;

2) employees who are not members of a trade union, if they have not applied to the labor dispute commission;

3) employees about reinstatement at work, regardless of the grounds for termination of the employment contract, about changing the date and wording of the reason for dismissal, about payment for the time of forced absence or performing lower-paid work. The exception is disputes for which a different procedure for consideration is provided;

4) employers for compensation for material damage caused by employees;

5) employees on the issue of application of labor legislation, if in accordance with the legislation this issue was decided by the employer and the trade union within the limits of the rights granted;

6) employees about the employer’s refusal to draw up an accident report or disagreement with its contents.

The statement of claim is accompanied by a salary certificate, copies of orders, extracts from the minutes of the meeting of the labor dispute commission, etc.

Article 242 of the Labor Code stipulates that employees can appeal to the labor dispute commission or, in cases established by legislative acts, to the court within three months from the day they learned or should have learned about a violation of their rights. In cases of dismissal to the court - within a month from the date of delivery of a copy of the dismissal order, the day of issuance of the work book with a record of the grounds for termination of the employment contract, or from the date of refusal to issue or receive the specified documents <*>.

In the event of termination of an employment contract without legal grounds, as well as illegal transfer, relocation, change in essential working conditions, or removal from work, the body considering the labor dispute restores the employee to his previous job, at the previous workplace, and to his previous essential working conditions.

If the court considers it impossible or impractical to reinstate the employee for reasons not related to the commission of guilty actions, then it has the right, with the consent of the employee, to impose on the employer the obligation to pay compensation in the amount of 10 times the average monthly earnings <*>.

In the event of reinstatement at the previous job, as well as a change in the wording of the reason for dismissal, which prevented entry into a new job, the employee is paid the average salary for the period of forced absence.

In the event of an illegal transfer, relocation, change in essential working conditions, or removal from work, the employee, by decision of the body that considered the labor dispute, is paid the average salary for the period of forced absence or the difference in earnings for the period of performing lower-paid work.

The employer may make these payments in the absence of a decision from the labor dispute resolution body <*>.

In accordance with Art. 246 of the Labor Code, in case of dismissal without legal grounds or in violation of the established procedure, or in case of illegal transfer to another job, the court has the right, at the request of the employee, to make a decision on compensation for moral damage. Its size is also determined by the court.

By virtue of sub. 2.1.1 clause 2 art. 285 of the Tax Code, citizens are exempt from state duty in cases related to the consideration of individual labor disputes.

Cancellation of disciplinary action

In accordance with Art. 198 of the Labor Code for committing a disciplinary offense, the employer may apply the following disciplinary measures to the employee:

- remark;

- reprimand;

— deprivation, in whole or in part, of additional incentive payments for a period of up to 12 months <*>;

- dismissal <*>.

For certain categories of workers with a special nature of work (for example, transport workers, customs workers, etc.), other disciplinary measures may be provided.

The right to choose the measure belongs to the employer. He must take into account the severity of the disciplinary offense, its circumstances, previous work and the employee’s behavior at work.

An employee who has committed a disciplinary offense, regardless of the application of disciplinary measures, may be deprived of a bonus, the time for granting labor leave may be changed, etc. The types and procedure for applying these measures are determined by the internal labor regulations, collective agreement, agreement, and other legal regulations.

Article 199 of the Labor Code establishes the procedure for applying disciplinary sanctions. Thus, before applying it, the employer is obliged to request a written explanation from the employee. Refusal to give it does not prevent the application of penalties. In this case, a certificate of refusal is drawn up indicating witnesses.

For each disciplinary offense, only one disciplinary sanction can be applied. It is formalized by an order (instruction), a resolution of the employer.

An order (instruction), a resolution on disciplinary action indicating the reasons, is announced to the employee against signature within five days, not counting the time of illness and (or) while on vacation. An employee who is not familiar with the order (instruction) or resolution on a disciplinary sanction is considered not to have a penalty. The employee’s refusal to familiarize himself with the order (instruction) or resolution is documented in an act indicating witnesses.

Disciplinary action is applied no later than one month from the date of discovery of the disciplinary offense, not counting the time the employee was ill and (or) on vacation. The day when a disciplinary offense was discovered is the day when the offense became known to the person to whom the employee directly reports.

When law enforcement agencies consider materials about a disciplinary offense, a disciplinary sanction is applied no later than one month from the date of refusal to initiate or termination of a criminal case.

A disciplinary sanction cannot be applied later than six months, and based on the results of an audit or inspection carried out by competent government agencies or organizations - later than two years from the date of the offense. The specified time frame does not include the time of criminal proceedings <*>.

Disciplinary action is applied by a body (manager) that has the right to hire (elect, approve, appoint) and dismiss employees, or on his behalf by another body (manager). The transfer of powers is formalized by order (instruction) of the head.

Disciplinary sanctions against certain categories of employees with a special nature of work <*> can also be applied by higher authorities (managers).

Employees holding elective positions can be dismissed only by decision of the electing body and only on the grounds provided for by law (Article 201 of the Labor Code).

Increased disciplinary action is not allowed if the issue is being considered based on a complaint from an employee <*>. An employee may appeal a disciplinary sanction to a labor dispute commission or to a court within three months from the day he learned or should have learned about a violation of his right. In cases of dismissal - to the court within a month from the date of delivery of a copy of the dismissal order or from the date of issuance of the work book with a record of the grounds for termination of the employment contract or from the date of refusal to issue or receive the specified documents <*>.

If within a year from the date of application of the disciplinary sanction the employee does not receive a new sanction, he is considered to have not had a sanction. In this case, the disciplinary sanction is extinguished automatically without an order (instruction), resolution <*>.

Salary collection

In the manner established by Ch. 17 of the Labor Code, disputes are also considered:

- on the collection of wages arising in connection with the application of tariff rates, official salaries, production standards, service standards and piece rates;

— remuneration for transfer to another job, for work at night and overtime, on holidays and weekends;

— payment of bonuses provided for in the regulations on bonuses, the circle of persons subject to bonuses, etc.

For example, disputes about payment for forced absence or performing lower-paid work in connection with illegal dismissal or transfer are resolved directly in court, when the court did not resolve this issue simultaneously with the consideration of the dispute about reinstatement <*>.

According to Art. 78 Labor Code in case of failure to pay, due to the fault of the employer, the amounts due upon dismissal within the time limits established by Part 1 of Art. 77 of the Labor Code, the employee has the right to recover average earnings for each day of delay. In case of non-payment of part of the amount - in proportion to the amounts not paid during the calculation. The procedure for applying additional types of liability and collecting compensation provided for by the LLA can be specified directly in the act that provides for such payments.

In accordance with Art. 51 of the Labor Code, the employer is obliged, no later than five days, at the request of the employee, including the dismissed one, to issue a certificate indicating the specialty, qualifications, position, work time and salary, as well as other documents on work provided for by law.

Disputes cannot be resolved in court:

— on establishing or changing the conditions of remuneration and bonuses (for example, on assigning tariff categories, establishing tariff rates, official salaries, production standards, prices);

- payment of bonuses that have the nature of a one-time incentive payment without indicators and conditions of bonuses, the circle of bonus recipients, etc., predetermined by the regulations on bonuses.

Debt collection

Deductions from employees' wages can be made to fulfill obligations to the state, third parties and to pay off debts to employers. The Labor Code provides for a number of significant guarantees in order to ensure the protection of wages due to employees from illegal and unjustified penalties. For this purpose, there is not only a strictly limited list of grounds for deductions, but also a certain order, limits and amounts of possible deductions <*>.

According to Art. 107 of the Labor Code, deductions from employees’ salaries to pay off their debts to the employer are possible by order of the employer:

— for the return of an advance issued on account of wages; to return amounts overpaid due to accounting errors; to repay an unspent and not timely returned advance for a business trip or transfer to another location, for business needs, unless the employee disputes the grounds and amount of the withholding. In these cases, the employer has the right to make a deduction order no later than one month from the date of expiration of the period established for the return of the advance payment, repayment of the debt, or from the date of the incorrectly calculated payment. If this period is missed, the right to retention is indisputably lost, but the employer has the right to go to court;

- upon dismissal of an employee before the end of the working year, for which he has already received labor leave, for unworked vacation days. Deductions for these days are not made if the employee is dismissed on the grounds specified in paragraphs 2, 4 and 5 of Part 2 of Art. 35, art. 37, paragraph 1, 2 and 6 art. 42, paragraph 1, 2 and 6 art. 44 of the Labor Code, at the request of the employee in connection with receiving education in the direction of the employer or with retirement, as well as if upon dismissal the employee is not accrued any payments or if the employer had the right, but did not make deductions when paying the settlement or withheld only part of the debt employee;

- in case of compensation for damage caused to the employer through the fault of the employee, in an amount not exceeding his average monthly earnings <*>.

Wages overpaid to an employee, including due to incorrect application of the law, cannot be recovered from him. The exception is a counting error.

The employer, in cases provided for by law, is obliged to make deductions from the employee’s salary upon his written application for non-cash payments. The procedure for such deductions was determined by Resolution of the Council of Ministers dated September 18, 2002 N 1282.

According to sub. 1.1 clause 1 of this resolution, deductions from employees’ salaries for non-cash payments are made upon their written application in order to resolve everyday and social issues, including those related to the payment of amounts under a loan agreement, utility bills, and union dues.

For each salary payment, the total amount of all deductions cannot exceed 20%. In cases provided for by the legislation on enforcement proceedings - 50% of the salary due for payment <*>.

When deducting from wages under several executive documents, the employee must retain at least 50% of earnings <*>. The restrictions established by Parts 1 and 2 of Art. 108 Labor Code do not apply to the following cases:

— collection of alimony for minor children, collection of expenses spent by the state on the maintenance of children on state support. The employee must retain at least 30% of his earnings;

- compensation for convicts serving a sentence of life imprisonment, imprisonment, with the exception of those serving their sentences in correctional colonies-settlements, for damage caused by the crime, moral damage and harm caused to the life and health of a citizen as a result of the crime. The employee must retain at least 10% of earnings;

- compensation for convicts serving other types of punishment for damage caused by a crime, moral damage and harm caused to the life and health of a citizen as a result of a crime. The employee must retain at least 30% of the salary and equivalent income <*>.

Deductions from the amounts of severance pay, compensation and other payments provided for by law are not allowed, for which, according to the law, penalties are not applied <*>.

Chapter 9 of the Law on Enforcement Proceedings and Ch. 14 Instructions for enforcement proceedings.

The procedure for foreclosure on wages applies to the equivalent income of a debtor-citizen, including individual entrepreneurs <*>.

Collection cannot be applied to funds due to a debtor-citizen, including individual entrepreneurs, as:

- severance pay and compensation for unused vacation paid upon dismissal. In cases of recovery of alimony, expenses spent by the state on the maintenance of children who are on state support, it is allowed to recover compensation for unused vacation if a person upon dismissal receives compensation for several unused vacations if they are combined over several years, as well as severance pay , if its size exceeds the person’s average monthly earnings;

— compensation payments in connection with a business trip, transfer, hiring or assignment to work in another location, with depreciation of tools belonging to the employee, and other compensation provided for by labor legislation;

— one-time bonuses issued not from the salary fund;

- state benefits for families raising children, with the exception of cases provided for in Art. 104 of the Law on Enforcement Proceedings and other legislative acts;

- funeral benefits;

— benefits and payments to citizens affected by the disaster at the Chernobyl nuclear power plant and other radiation accidents;

- supplements to the pension established by law <*>.

Where to contact

To resolve a labor dispute, you need to know where to address the problem. If in the case of a collective dispute, employees can hold a meeting, elect a representative and begin the reconciliation process, then it is more difficult for an individual employee in this matter. Here are several options where you can turn to regarding a labor dispute in Moscow:

to the labor dispute commission, if there is one at the enterprise or organization;
to Rostrud;
to court.

On the official website of Rostrud, without a personal visit, you can submit a letter explaining the essence of the problem. You can also contact us through the Onlineinspektsiya.rf portal. These options are optimal for those who do not have the opportunity to come in person to regulatory organizations or are afraid to do so. All requests received through the portals are considered without fail. As for the question of where to file a claim if you want to resolve a labor dispute through the court, it is important to act in accordance with the jurisdiction.

If you are at a loss and don’t know where to start protecting your interests, contact us. An experienced lawyer will carefully study your issue and tell you where to start and how to achieve justice in a short time with minimal financial costs.

Types of disputes according to the criterion of legal relations

The nature of conflicts can be considered based on the legal relations from which they arise. Thus, conflicts arising as a result of disruption of working relationships are distinguished. In this case, the subject of the dispute may be unpaid wages, illegal (in the opinion of one of the parties) dismissal, failure to register a work book, etc.

However, there are also labor disputes arising from violations of labor relations. These may be conflicts caused by the organization and management of work processes, the way a certain employer hires employees and formalizes them. This category also includes disputes caused by violation of partnership relations, attempts to interfere with the work of trade unions, disputes over professional training and advanced training, financial liability, supervision and control. When it comes to violations of mandatory social insurance norms, this is another problem in this category.

The procedure for resolving labor disputes in court or pre-trial directly depends on the causes of the conflict, its subject, nature, number of participants and other features.

Jurisdiction for labor disputes

When planning to sue an employer, you need to understand which court to send the statement of claim to. The choice is made taking into account jurisdiction; in Russia there are several types of jurisdiction; the following apply to labor disputes:

Family jurisdiction - in courts of various levels. Thus, the magistrate’s court can resolve issues of labor disputes if they are classified as individual and are not related to issues of reinstatement of a dismissed employee. The district court can resolve collective labor disputes and conflicts related to the reinstatement of an employee.
Territorial jurisdiction. Causes the most difficulties; to resolve them, you need to contact a lawyer. It happens that the employer, by the terms of the contract, determines the resolution of disputes in court at the place of legal address.

There is an alternative territorial jurisdiction, which is regulated by clause 6 of Art. 29 Code of Civil Procedure of the Russian Federation. According to it, an employee can file a claim in court at his place of residence.

If you decide to initiate legal proceedings regarding a violation of your rights established by the Labor Code of the Russian Federation, contact our lawyers. They will help you decide on jurisdiction, draw up a competent claim, and help create a good evidence base. If necessary, a lawyer can represent the client's interests in court. The specialist will also tell you how to appeal a court decision if you disagree with it and what to do if the employer does not comply with the court decision. People who turn to lawyers for help have a better chance of defending their rights, getting their wages paid, and being reinstated at work.

Period during which an application must be submitted

Each employee has the opportunity to appeal to the commission within a period that does not exceed three months from the date of the dispute or conflict with the employer.

In turn, members of the commission are obliged to consider the received application no later than within ten working days and make a fair and informed decision on it.

If an employee misses the deadline for filing an application for any valid reason, the commission has the right to consider the case on its merits (i.e., without taking into account the time frame). An important condition: the reason for delaying the application must be truly serious and respectful, supported by relevant explanatory documents.

Possible causes of action

As an example, let’s look at the most common grounds for applying to the courts regarding the settlement of professional relations:

Inconsistency between the terms of the employment agreement and the work process;
Change of work schedule, including reduction of days off and regular vacation;
Violation of payment deadlines or salary amounts;
Transfer to another place Prof. activities;
Wrongful convictions, disciplinary sanctions;
Inaction (or illegal actions) of the employer in the processing and protection of personal data;
Reinstatement, regardless of the reason for dismissal;
Disagreement with the formulation of the reason for the termination of the prof. agreements;
Causing damage to the employer's property;
Refusal to provide an applicant with a vacant job, etc.