Settlement of labor disputes
Labor disputes are of two types: collective and individual. They have a different legal nature, so to solve them different methods are used. Article three hundred and eighty-two of the Labor Code of Russia provides for the settlement of individual labor disputes by courts or special commissions that deal with labor disputes. This means that the law provides for to permit the resolution of labor disputes on two levels - judicial and pre-trial. Conditional individual disputes can be divided into:
- considered at the beginning by the labor dispute commission, and the court is only connected if one of the parties or both wishes to appeal the decision of this commission;
- initially considered by the court.
The commissions dealing with labor disputesenterprises and organizations are created on the initiative of both parties involved in labor relations. The resolution of labor disputes of an individual order is made only by commissions created at the place of work of that member of the labor collective who participates in this conflict. If the commission does not exist at the place of his work, then immediately concerning any individual disputes it is necessary to apply to the court.
The resolution of labor disputes by such a commissionregulates the Labor Code, and permission in court - the Civil Procedure Code, as well as the Federal Law "On the Peace of Russia" on December 17, 1998, and it is the justice of the peace. The only exception is cases in which restoration in the workplace is considered (article twenty-two of the Code of Civil Procedure of Russia). Such cases are handled by the main link of federal courts that fall under general jurisdiction, that is, all district courts. According to the general rule adopted in the courts, the claim is made at the location of the defendant or his property.
It is important to take into account that from the legal nature of the decisioncommission on individual labor disputes, their compulsory resolution does not expire, but only is the will of the state to ensure the restoration, including forcibly, of the rights of workers.
It should be noted that for some categoriesemployees have a special order, which resolves labor disputes. Such categories include workers who are elected, appointed and approved for their posts by the highest state bodies of Russia, as well as judges and prosecutors. Their labor disputes are governed by the laws of the Russian Federation "On the Prosecutor's Office" and "On the Status of Judges", as well as some other laws. The resolution of disputes involving civil servants can be carried out in a pre-judicial order in a higher authority, taking into account the order of subordination. It is also possible in some cases to apply laws that deal with violations of freedoms and citizens' rights.
Resolution of collective labor disputesis stipulated in the sixty-first chapter of the Labor Code of Russia, the norms of which provide for certain conciliation procedures conducted by the conciliation commission with the participation of an intermediary, or the consideration of such a dispute by a special labor arbitration. The same chapter contains a detailed regulation of strikes as one of the measures to resolve a collective labor dispute. It follows that the method of protecting the rights of the collective through the court does not exist in the sphere of labor law, either in the Civil Procedure Code or in the Administrative Procedural Code of the Russian Federation.
So, individual disputes in the field of laborThe laws of Russia can be resolved both at the pre-trial and at the judicial levels. And to solve labor disputes in which the entire collective or a certain part of it participates, there is only an extrajudicial path.
