Everyone at any moment can face injustice at work in relation to themselves. Perhaps this will be an illegal dismissal, denial of payment of the due compensation or infringement of other rights. In order to obtain justice from the employer, it is necessary to know the legal rules governing labor disputes and the procedure for resolving them. This article will discuss the main ways to resolve such conflicts.
The concept of labor disputes
Labor disputes are disagreements that may arise between the subjects of legal relations regulated by labor law. They are divided into individual and collective.
The emergence and consideration of labor disputes takes place in several stages:
1. Violation of the right of one or a group of workers.
2. The occurrence of disagreements between the parties in assessing the circumstances of the incident.
3. Pre-trial resolution of the situation.
4. Protection of a violated right in a jurisdictional body.
Individual labor disputes and the procedure for their resolution
The subjects of such relations are a separate employee and employer. A dispute may arise in violation of labor laws, clauses of an employment contract, agreements, collective agreement, as well as if there are disagreements regarding the application of a certain rule of law.
Individual dispute will be considered:
- if the employee is or was previously an employee of the employer;
- if the person expressed a desire to draw up an employment contract, but the employer was refused for no good reason.
Such disputes will be considered as follows:
1. General procedure. In this case, the decision will be assigned to the labor dispute committee, which is created for one year. It consists of representatives of the employer and the union. The decision must be unanimous. If the employee does not agree with him, he can go to court. In this case, it is worth considering the terms of circulation.
2. Some labor disputes are subject to litigation only. When submitting a statement of claim, do not forget about jurisdiction. The court decision is executed in accordance with the general rule, only upon its entry into force. But in case of restoration to the former place or payment of wages - immediately.
3. Disputes of certain categories of employees by higher bodies to which they are subordinate are considered in a special order. Making decisions, they are guided by the legislation and the charter of the enterprise.
Collective labor disputes and their resolution
The subjects of such relations are a group of employees and employers (or its representatives). Such disputes occur when disagreements arise regarding working conditions (establishment or amendment), fulfillment or amendment of collective agreements, and when employers ignore the opinions of trade unions during the adoption of internal regulations.
The legislation governing such labor disputes and the procedure for their resolution provides for several stages of consideration:
1. Decision making by the conciliation commission. It consists of two parties to a labor dispute in equal amounts. The decision is drawn up in a protocol. It is binding for all participants on time.
2. If agreement has not been reached in the conciliation commission, an intermediary is invited to resolve the case. His candidacy is approved by agreement of the two parties. This stage is optional.
3. If the participants in a collective dispute have not been able to resolve their conflict with the help of a conciliation commission or mediator, then labor arbitration will decide in this situation. Form and prepare lists of arbitrators from the parties to the parties to the collective agreement will be the state body that deals with the settlement of collective labor disputes. Specialists (lawyers or economists) may also be involved. The decision made is binding.
Thus, the legislation governing labor disputes and the procedure for their resolution protects the rights not only of workers, but of employers.