In the event of conflict in the enterprise, employees may have a feeling of helplessness. In order for each employee in a labor dispute, whether a simple employee or a manager, to have his rights in protecting his own interests, a CCC is created. What is a labor dispute committee and what are its powers?
The concept
If the organization has a staff of more than 15 people, then in most cases a commission is created. The CCC is formed at a general meeting of a collective of employees and is approved by voting. After the creation of the commission, employees of the organization get the opportunity to defend their rights and defend their interests.
In order to solve the issue of creating a body, the desire of a team or leadership is necessary. If such a fact is not recorded, then the commission may not be created. The presence of such a body is not required.
CCC is an important resource in resolving controversial issues related to the work of the team. The members of the commission are empowered to make decisions regarding such situations, which must be executed immediately and are not subject to dispute.
Since the members of the commission must relate to situations with an open mind and objectivity, they need to be elected both from the workforce and from the management of the enterprise. Individual labor disputes in the CCC are designed to resolve disagreements that arise between management and ordinary employees.
Education
Earlier it was said who can be the initiator of the creation of the CCC. What is the commission on labor disputes, we also found out. Now consider how it is formed.
After receiving a proposal to create a commission, the head and representative body of the work collective must send representatives to the CCC within ten days.
The commission can be created not only in the organization itself, but also in its units. They are formed and act on the same grounds. KTS has its own stamp. All organizational and technical nuances should be provided by the management of the organization. The labor dispute committee shall elect a chairman, his deputy and a secretary.
Credentials
The commission has broad powers, and its activities cannot be controlled by other structures. She can study the issues that employees are addressing. But the authority of the body can not extend beyond the territory of the company. The CCC does not have the right to resolve those contradictions that arose when the employer applied the legislative norms imputed for execution by federal or regional bodies, as well as having a local purpose.
In addition to the fact that the commission forms stable and effective relationships in the work team, which are based on the competence of the enforcement proceedings, it can resolve disputed issues with employees who have already quit. But this is only if the management committed certain violations upon dismissal.
Also, the commission is authorized to help those citizens who were not accepted to work in this organization without indicating motivated reasons.
Competence
CCC (what is the labor dispute commission, we found out), thanks to its competence, can solve the following issues:
- Collection of salaries and other surcharges.
- Compliance with the terms of the employment contract.
- Paying overtime and travel expenses.
- Penalties and imposition of liability.
- Other issues that have not been resolved through negotiations between the parties.
There are also issues whose solution does not fall within the competence of the commission:
- Employee reinstatement.
- Employee recovery after dismissal.
- Compensation for involuntary absenteeism or wage differences if an employee is demoted.
Nevertheless, in all these cases, the employee must apply to the commission in order to pre-trial resolution of the conflict. And depending on what decision the CCC will make, further actions will be determined.
The timing
Employees of the organization can apply to the CCC (what is the commission on labor disputes and what are its powers discussed earlier) within 90 days from the date of the conflict. This period provides for spontaneous resolution of the situation. If this did not happen, then the issue falls into the competence of the commission.
But there are some nuances. If a citizen wants to address the issue of unlawful dismissal, which the commission does not have the authority to solve the problem, then this should be done as soon as possible so that the court does not raise the issue of delaying pre-trial settlement of the situation.
The application for labor disputes of the CCC must be considered within ten days. After that, the body must either take the case into production or issue a reasoned refusal indicating the reason. This document can be appealed to the court, so it will confirm the desire to resolve the issue pre-trial.
When accepting an application for consideration, a month is given. The decision can be appealed within ten days.
Work system
All commission work should take place at meetings. The chairman, his deputy and secretary must be present without fail.
The system of work of the labor dispute committee consists of three main stages:
- Filing an application to the CCC and its consideration.
- Preparation and conduct of the dispute resolution process.
- Decision making, control over its implementation.
Commission decision:
- not subject to dispute and discussion;
- be resolute in nature;
- must be executed immediately;
- You can appeal against it only in judicial authorities.