When labor disputes arise in an organization, a labor dispute committee comes to the rescue. What are the powers vested in the members of this association, what is the term for applying to the labor dispute committee and how should it exercise its powers? We will consider these and other questions in more detail.
Definition
Under the commission on labor disputes understand the main body, which is designed to deal with individual labor disputes in enterprises, organizations and companies.
The creation of the commission, the number of its members and in general the candidatures should be decided at the general meeting of the team. The presence of a commission is not necessary, but it is useful, since this association actively protects the rights and interests of employees, using all possible aspects of the law.
The competence of the labor dispute committee is quite extensive, so the decisions that its members make are immediately enforceable and it is not possible to discuss them from the authorities.
Art. 384 of the Labor Code of the Russian Federation regulates the creation of a labor dispute body. Education is initiated by the work team or the head of the organization. The head and representative body of employees who received a proposal to create a commission must send their representatives to this association within ten days. Commission members are selected at a general meeting.
The commission itself elects a chairman, his deputy and secretary from the personnel.
Credentials
As mentioned earlier, the commission has fairly broad powers. Her work cannot be managed by other structures, but at the same time her competence does not extend outside the company.
In addition to the formation of effective relationships in the team, members of the commission must resolve issues that arise between managers and former employees. This process is based on situations where disputes arise due to disciplinary action or certain offenses are committed.
Those persons who were not accepted into the organization without a reasoned refusal can also apply to the commission.
The commission is authorized to resolve the following issues:
- on collecting salaries or surcharges;
- on the fulfillment of the terms of the contract;
- on paying for overtime and travel expenses;
- penalties;
- other issues not resolved by agreement of the parties.
But there are issues that are not within the competence of the commission:
- return to office;
- recovery after termination of the contract;
- payments for illegal dismissal or demotion.
All of the above is already understood by the courts. But employees have the right to apply to the commission with similar questions before litigation.
Next, we consider what is the term for applying to the labor dispute commission.
Terms of circulation
There is a certain period during which employees have the right to apply to the commission with their questions.
The term for applying to the labor dispute commission is 90 days from the moment of the conflict. This period provides for the resolution of the issue independently or, if it is impossible to decide, apply to the commission.
In the case when the employee addresses the members of the commission on a matter that lies outside their competence, before the court, then this must be done immediately after the occurrence of a conflict situation.
Terms of appeal to the court for labor disputes, according to Part 1 of Art.392 of the Labor Code of the Russian Federation also amount to three months, and if the case concerns dismissal, then you can apply to the courts within a month from the date of receipt of the work book.
Terms of consideration
For consideration of the application, 10 days are allotted. If the employee is refused consideration, then the commission members must issue a reasoned opinion on the reasons for this refusal. You can go to court with this document, since it is a confirmation of the pre-trial attempt to resolve the dispute.
When an application is accepted for consideration, no more than a month is allotted.
Operating procedure
So, the term for applying to the labor dispute commission is determined by a three-month period from the day a conflict occurs. The work of the commission takes place at its meetings, which are convened as necessary.
The date of the meeting should be set in advance so that all parties to the conflict can attend the resolution of the issue. At the meeting, in addition to members of the commission, the head of the organization and the injured party with their representative must be present. The secretary must record everything that happens. The meeting is chaired by the chairman of the commission, which allows the parties to speak out and defend a personal position. Further, those persons who can introduce certain nuances into the conflict may appear. After hearing all parties, the conflict situation is put to a vote on the decision.
If a decision is made, it is mandatory for implementation within three days. This is how the consideration of labor disputes by labor dispute commissions looks like. The order of work of the body consists of several main stages:
- Reception of the application, its consideration.
- Organization of the conflict resolution procedure.
- Decision making, control over its implementation.
The decision made by the commission:
- not disputed and not discussed;
- protested only in court;
- is of a resolute nature;
- must be executed.
Appeal
The appeal to the commission is based on the occurrence of a conflict situation. A statement is considered a dispute resolution appeal. A member of the commission must endorse the submitted document and hand it over to the chairman.
A statement must be written in the name of the chairman. Further, it should indicate the full details of the employee. The document itself can be executed in free form or on the letterhead of the organization. It all depends on the local requirements of a particular company. The universal conditions for the preparation of the application include:
- detailed description of the conflict situation;
- possible conditions under which the situation has worsened;
- substantiation of the correctness of the injured party;
- a list of measures taken that could smooth or resolve the situation;
- clarification of the stage at which the dispute has reached an impasse;
- request for resolution of a conflict situation;
- Indication of the date and signature of the applicant.
If the commission made a reasoned refusal to consider the application, then the employee can go to court. The deadlines for applying to the court for labor disputes and the procedure for reinstatement if they are missed are determined by a three-month period, if these are general issues, and a month-long period, if the issue concerns an unfair dismissal.