If a conflict situation is brewing at the enterprise and the employees are not in a position to resolve it, one can resort to the help of a special authorized body. The Labor Dispute Commission will help workers defend their interests before management and assert rights properly.
Definition
The body in question can be assembled in the organization where at least 15 people work. All issues on the creation of the commission are decided at the general meeting.
The Labor Disputes Commission is the main assistant in resolving disputes in an enterprise. First of all, members of the commission should have an unbiased opinion. That is why its composition should include both department heads and ordinary workers.
Members of the commission are obliged to resolve all contentious issues arising in the team.
Creation order
In order for the commission to be created, certain actions must be performed that encourage the formation of an authorized body.
The creation of a labor dispute commission is not subject to a time frame; therefore, it can be created both to consider one situation and to resolve issues on many controversial issues related to employee-employer relations.
The commission functions in accordance with the Constitution of the Russian Federation, the Labor Code of the Russian Federation and the regulation on the basis of which this body is created.
Both employees and the employer can ask for the creation of a commission. Indeed, quite often managers become victims of unscrupulous employees.
Education
The labor dispute commission is formed in several stages. First, a condition or good reason for the formation of this organ appears. This may include, for example, the violation of an employee or manager.
Next is the formation of the commission itself. Mostly members of the commission are those citizens who engage in public activities. They receive offers that must be answered (whether it is positive or negative).
After the composition is determined, an order is drawn up. The labor dispute commission is an official body, respectively, and the order on its creation is official.
Based on the order, the commission receives authority for its activities. The order should contain the following information:
- date of commission formation;
- place of her education;
- locality;
- reason for creating an authorized body;
- approval of the creation of a commission;
- indication of the composition of the commission;
- the condition on the time of meetings and the fact that participation in the commission does not affect the salary;
- signature of the head.
All members of the commission, as well as employees should be familiar with this document.
How is a labor dispute committee formed? A sample order for the formation of this body is given below.
Composition
Of the total number of members of the commission, a chairman, his deputy and secretary are elected. These individuals regulate the activities of the entire body. Sometimes a case may be considered with the participation of an intermediary.
As a rule, the number of participants in the commission does not exceed 15 people. Members of the commission are elected by voting of the entire work collective. Leading places in the commission are also elected by voting, but already by members of the commission itself.
Let us consider in more detail the powers of the main members of the commission:
- The chairman. He is the most important member of the commission. His position is elected by a majority vote.He not only controls the work of the entire commission, but also has the right to last vote. Consequently, a decision on any issue cannot be made without the approval of the chairman. A person who is not interested in the outcome of the case is elected to this position. Under the decision, the chairman must sign.
- Vice-chairman. This person is no less important when making decisions of the commission. In the absence of the chairman, his deputy supervises the work of the commission and also has the right of last word. During joint work deputy. The chairman is for the most part his advisor and consultant.
- Secretary. Despite the simplicity of the position, the secretary keeps all the documentation and records the entire process during the meetings. Therefore, a responsible and verified person is always elected to such a position.
Credentials
The Labor Dispute Commission has broad powers and its activities cannot be managed by other structural bodies. She can consider all the issues that employees of the team address, but the authority of the body does not extend outside the enterprise.
The commission may decide issues that arise when the head applies the rules and regulations established by law or local acts. In addition to the fact that the commission resolves controversial issues arising in the team, former employees can also turn to the body if it involves unlawful dismissal or imposition of a disciplinary sanction with obvious violations.
Also, those persons who have not been hired can apply to the commission, without explaining the reasons for the refusal.
The competence of members of the commission includes resolving issues related to:
- Refund of salary and other payments.
- Fulfillment of the terms of the employment contract.
- Paying cash for overtime or travel expenses.
- Penalties.
- Other issues that cannot be resolved through negotiations between the two parties.
The commission does not concern those issues that are resolved exclusively in court. These include:
- Reinstatement.
- Recovery after termination of the contract.
- Compensation for forced absenteeism.
The decision of the labor dispute committee is not subject to dispute and is not subject to doubt.
The timing
You can contact the commission within 90 days from the date of the conflict. During this time, it is assumed that the dispute can be resolved without the help of an authorized body. Otherwise, the opportunity to resolve the situation rests with the commission.
If citizens apply for those issues that are not within the powers of the authorized body, this must be done on time. Labor dispute commissions may consider the matter out of court. In this case, the judge will have no doubt that they tried to resolve the conflict.
In order for the application to be accepted for execution, the commission has ten days. For this period it is considered and a decision is made on it. In case of refusal, the answer must also be motivated. And you can appeal it within 10 days.
If the decision is positive, then 30 days are given for its consideration.
Operating procedure
The start date of the meeting should be set in advance so that all parties to the conflict can be notified. The meeting itself must be attended by the chairman, his deputy, secretary and parties to the conflict.
The Chairman provides an opportunity for the parties to speak out, as well as for those persons whose opinion can reflect the nuances of the whole situation. Further, when all the arguments are heard, the commission makes a decision by voting. After its adoption, the decision must be executed within three days.
Decision of the labor dispute committee:
- must be accepted and executed;
- can be appealed only in court;
- subject to immediate execution.
Appeal
The fact of appeal is considered a statement to the commission on labor disputes.The paper is drawn up in the name of the chairman in free form or on the established form. The universal conditions for the preparation of the application are:
- indication of the fact of a conflict situation;
- conditions for aggravation of the dispute;
- substantiation of their position;
- listing of measures that were taken prior to treatment;
- request for resolution of the conflict;
- date and signature.
Appeal
You can appeal the decision of the commission within ten days after receiving a copy of the decision.
A decision may be appealed if it contradicts the law and does not fall within the authority and competence of the body.
If a dispute has arisen on the basis of dismissal, then it can be appealed only in court within 30 days from the moment of signing the order on dismissal and receipt of a work form.
In the event that a dispute has arisen on the issue of compensation for moral or physical harm that has been caused to an employee by an organization, a citizen has a year to act from the moment the fact of harm is discovered.
In addition to the commission and courts, disputes can be considered and justices of the peace alone.
So, applying to the commission is the most convenient way to solve production problems. But each employee must remember that this authorized body does not solve all problems, but only those that are within its competence and do not go beyond the production framework.