Each employee has his duties and rights, which are fixed at the level of legislation and can be fixed in local documents. In case of violation of rights and legitimate interests, each employee of the enterprise has the right to apply to labor arbitration. This is a body dealing with collective disputes.
The characteristic features of the conflict at the level of labor relations include: the uncertainty of the outcome of the dispute and the various goals that the parties want to achieve.
Body functions
Arbitration in the field of labor relations deals with conflict resolution in almost all areas of legal relations between an employer and an employee, for example:
- non-payment of wages;
- occupational Safety and Health;
- change in payroll system;
- the establishment of changes in norms and margins;
- delay or non-payment of compensation and so on.
The body has the right to consult on ways to resolve conflicts and reconcile the parties. But the most important function is to resolve the conflict in a collective labor dispute, which is important for enterprises where strikes are prohibited.
When a strike cannot be held
A strike is an extreme measure when the parties could not reach an agreement during the negotiations. Such an extreme measure cannot take place in a number of cases:
- if a state of emergency or martial law is introduced;
- workers of especially significant work, for example, those employed in emergency medical activities, search and rescue operations or those engaged in ensuring the security of the country or defense, are not entitled to strike;
- communication and transport workers, that is, those employed in the field of life support, cannot go on strike.
Legislative acts may establish other restrictions. Disputes in such cases are resolved at the level of Rostrud, in accordance with the provisions of Article 404 of the Labor Code and Government Decision No. 324.
Kinds
The creation of labor arbitration is possible in two forms:
- Temporary. It is created exclusively for the resolution of a certain dispute and is mandatory with the participation of a third party - a state body.
- Constant. It can consider disputes on the basis of an agreement of the parties or be created by a third party to consider conflicts in the field of social and labor relations.
A feature of labor arbitration is its optionality. If the parties in the negotiation process could not reach agreement, then no one can force them to appeal to arbitration. There is only one exception to this rule - if, according to the requirements of the legislation, strikes cannot be held at the enterprise.
Creature
The basics of creating and regulating arbitration are covered in Law No. 92-FZ. A standing commission is usually created at the initiative of a third party. All agreements that have been reached between the employer and the employee are recorded in writing.
According to the instructions prescribed in Law No. 92-FZ, the parties are negotiating regarding the conflict that has arisen and must contact the commission for the following disputes:
- if a protocol of disagreement is signed;
- when the period that has been determined for the establishment of an intermediary has expired;
- if the parties have signed a protocol that they are not ready to resolve the dispute with the help of an intermediary.
A labor dispute commission should be created within 2 days if the conflict has formed at the level of one enterprise. In the event that the dispute is one level higher, that is, it has arisen at the level of the entire economic industry, a commission is created within 4 days.
What does the procedure look like
The consideration of a collective labor dispute in labor arbitration is carried out within 3 days if a conflict arose within the enterprise. If the conflict is at the level of several organizations, then the dispute is considered within 5 working days (Article 404 of the Labor Code).
Representatives of the arbitration have the right to request documents, to inform the parties and the public about the consequences that may arise after the dispute is resolved.
Based on the results of the consideration of the materials of the case on the conflict, the arbitration tribunal shall make a written decision, which shall be transmitted to the parties to the dispute.
First step
In fact, labor arbitration is the same court. Initially, arbitrators are elected in compliance with the principle of independence from the parties to the dispute. A meeting is held at which a commission is created, its composition and activity are determined. Both parties to the conflict sign the created protocol. After that, the arbitrators review the case file, that is, study all available information and documents.
The commission invites representatives of both parties to the hearing, listens to their opinion. Independent experts may be invited. If the need arises, then local authorities are provided with information about the possible social consequences after the dispute is resolved. As a result, the arbitrators develop recommendations for resolving the existing conflict and draw up a protocol, which is subsequently transmitted to both parties.
The consideration of a labor dispute in labor arbitration requires the representatives of the commission to be absolutely impartial and fair. They must keep official, commercial and, of course, state secrets.
The decision of the arbitration may be advisory in nature or oblige the parties to certain actions. As a rule, if certain requirements are put forward, then the resolution prescribes resolution options.
In cases where the creation and implementation of arbitration decisions is not possible, the decision is made by the state body authorized to resolve labor conflicts. Most often, this is the service for labor and employment.
Second phase
At first, the dissatisfied labor collective turns to the trade union and puts forward its demands. The trade union forms all the requirements of employees in a single document and sends it to the employer. The company management has 2 days to review the document.
If the administration of the organization refuses to satisfy the requirements, a conciliation commission is formed - a mediator, labor arbitration is the highest instance. The commission should consist of 50% of employees and representatives of the employer. If at this stage the conflict cannot be resolved, then the dispute is already moving to another stage. Before submitting claims to the arbitration, a protocol of disagreements is formed.
Arbitrator Requirements
Labor arbitration, a collective dispute are seemingly understandable terms, but how to approach the choice of a candidate for an arbitrator? Indeed, certain requirements are made to such a person, namely:
- excellent knowledge of labor law;
- analytical mind;
- ability to negotiate;
- knowledge of the basics of the contract process;
- the ability to carefully weigh all available facts;
- ability to maintain a positive attitude of people.
Naturally, this is only a short list of requirements for the arbiter, he should even be able to maintain the confidentiality of the information received and not have any special relations with one of the parties, that is, he does not have the right to accept gifts or other rewards.
To resolve labor disputes, arbitration can really help to impartially consider the conflict and make a truly fair decision. But the main thing is that both parties voluntarily decide to resolve the dispute.
If you still could not resolve the conflict
Despite the fact that labor arbitration is actually a court, it is not always possible to resolve a dispute with its help. In such cases, the parties to the dispute retain the right to appeal to a ordinary court of general jurisdiction.
It should also be remembered that labor arbitration is designed to resolve conflicts at the collective level, but not individual disputes. If a particular employee has a dispute with the administration of the enterprise, then in this case no arbitration will be created, the conflict can be resolved only through negotiations or going to court.
In general, arbitration is a real opportunity to resolve the conflict between the staff and the administration, especially in a large enterprise, where it is impossible to even hear complaints from each employee.