The system of bodies for considering individual labor disputes, their competence, deadlines for filing. System of bodies considering labor disputes

When an employment relationship arises or terminates, as well as during its operation, disagreements often arise between employees and employers. The reason for their occurrence is, as a rule, a violation of existing labor and other social legislation.

However, not every disagreement develops into a legal dispute. Participants in relations regulated by labor law can resolve their conflict voluntarily, peacefully, through negotiations and prevent disagreements arising between them from reaching the stage of a labor dispute. In addition, purely psychological factors cannot be ignored. Thus, the majority of workers, despite their dissatisfaction with the unlawful actions of the employer, still avoid applying for protection of their rights to the competent authorities, fearing negative consequences for themselves.

But if the conflict is not resolved by its participants and there is a need to involve special bodies authorized to resolve it, then it develops into a labor dispute. Based on the above, let us formulate a definition of labor disputes:

Labor disputes are disagreements between an employee (workers) and an employer regarding the establishment and application of current standards of labor and other social legislation, which were not resolved during direct negotiations with the employer and became the subject of proceedings in specially authorized bodies.

To resolve labor disputes, the law has established an appropriate procedure, i.e. the forms (procedure) and deadlines for filing applications (claims), their consideration, making decisions on them and their execution are determined.

The conditions for the emergence of disputes are those conditions, circumstances that directly or indirectly affect labor relations, causing unresolved disagreements between employees and management. The cause of labor disputes is legal facts that directly caused disagreements between the employee (workers) and the administration. Even reasons common to labor disputes are of a specific nature in a specific legal relationship to resolve a labor dispute. These are violations of certain rights of an employee or failure to comply with his obligations to the enterprise (for example, when he is financially liable for damage caused).

The conditions under which a labor dispute arises become the cause of the latter. For example, ignorance by the head of an organization of labor legislation or neglect of it leads to a violation of the rights of the employee and the emergence of an individual labor dispute. Often, labor disputes arise as a result of a combination of several conditions (reasons). Some of them are economic, others are social, and others are legal in nature.

So, for example, conditions of an economic nature are financial difficulties of organizations that prevent the full and timely payment of wages, the provision of guarantees and benefits due to employees (milk at work in unhealthy conditions, therapeutic and preventive nutrition, etc.), lack or insufficiency funds for labor protection.

The conditions for the emergence of economic disputes give rise to serious social consequences, which, in turn or in combination with economic consequences, give rise to labor disputes. Thus, a lack of funds leads to a reduction in the number of employees or the liquidation of an organization, and to ever-increasing unemployment. Dismissed workers, defending their right to work (workplace), often turn to the courts to resolve a labor dispute and protect their rights.

Social conditions include, for example, a growing gap in the income level of low-paid and high-paid workers.

Conditions of a legal nature include, in particular, complexity, inconsistency, as well as insufficient accessibility of labor legislation for the administration and especially for employees, as a result - poor knowledge by employees of their labor rights and obligations of employers, ways to protect their rights; reluctance to comply with labor laws by many heads of organizations and administration officials; poor preparedness of trade union leaders and trade union activists to protect workers on the basis of labor legislation.

The transition to a market economy has aggravated the situation in many organizations and aggravated the causes of labor disputes. Due to lack of funds, many organizations are forced to temporarily stop work completely or partially. A significant portion of enterprises have been liquidated. Bankrupt enterprises appeared. Many workers were laid off. Unemployment has become widespread. Differences in working conditions and wages have increased sharply. On the one hand, the minimum wage turned out to be significantly lower than the subsistence level. On the other hand, wages are no longer limited by the maximum amount. This was facilitated by significant changes in labor legislation that have occurred in recent years:

§ narrowing the scope of centralized mandatory regulation of labor relations and expanding local regulation, as well as establishing working conditions through individual labor agreements (contracts);

§ the Constitution of the Russian Federation assigns labor legislation to the joint jurisdiction of the Russian Federation and its constituent entities and, as a consequence, the possibility of regulating labor relations with the help of laws,

§ other normative acts adopted by authorized bodies of both the Russian Federation and its constituent entities;

§ forced (in order to avoid gaps in the legal regulation of labor relations) combination of Russian legislation with the legislation of the former USSR that retains legal significance (if it does not contradict Russian legislation and there is no legislation of the Russian Federation on the issues resolved by it);

§ inclusion of international legal norms and acts into the system of labor legislation of the Russian Federation.

Trade unions, by their very nature, charters, legislation, intended to represent the interests of workers and protect their rights, do not always actively and effectively contribute to the resolution of disagreements between workers and management, and do not use all the means at their disposal for this purpose.

The weakening of supervision and control over compliance with labor laws also played a negative role. The creation of new state bodies for supervision and control over compliance with labor legislation (Rostrudinspektsii under the Ministry of Labor of the Russian Federation), which are still being formed, is accompanied by the removal from the competence of the labor inspectorate, which is under the jurisdiction of trade unions, of state power (issuing mandatory orders, imposing fines). As a result, the number of violations of workers' labor rights has sharply increased, and the legal liability of administration officials for such violations has decreased.

To eliminate the causes of labor disputes, means and methods must be used that affect each of them in a comprehensive manner. However, even if all necessary measures are taken, it is unrealistic to completely eliminate the causes of labor disputes. Labor disputes will not go away. May decrease

their total number. There may be no disputes on any specific issues, the causes of which have been completely eliminated. Disputes may arise on other issues that did not exist before. Consequently, labor disputes will continue to exist for the foreseeable future.

An effective tool for protecting the labor rights of workers is the procedure established by law for resolving labor disputes. Let us name the regulations governing this order.

The main regulations for the consideration of labor disputes are the laws of the Russian Federation. First of all, this is the Constitution of the Russian Federation, which establishes fundamental rights in the sphere of labor and among them is the right to protect one’s rights (including judicial protection). Among the most important regulations governing the consideration of labor disputes is the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), part 5 of which is specifically devoted to the protection of labor rights and freedoms.

When resolving labor disputes, such an important body for their consideration as the court applies not only the norms of substantive law (the Labor Code of the Russian Federation, other laws and other regulatory legal acts), but also the norms of procedural law - primarily the norms of the Civil Procedure Code of the Russian Federation (hereinafter - Code of Civil Procedure of the Russian Federation).

Modern Russian labor legislation tries to take into account as much as possible world experience and international legal acts. Moreover, in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation are the main component of the legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the norms of the international treaty apply. A similar principle is fixed in industry laws. This new situation for the Russian legal system presupposes knowledge and ability to apply international legal norms by Russian courts, government authorities and management.

In addition, according to Article 46 of the Constitution of the Russian Federation, it enshrines the right of every citizen, in accordance with international treaties of the Russian Federation, to apply to interstate bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted. Now this is not just a theoretical position. As a result of the accession of the Russian Federation to the Optional Protocol of the International Covenant on Civil and Political Rights of 1966, which contains a mechanism for the protection of human rights by the Human Rights Committee, citizens can use this opportunity. The practical implementation of this constitutional norm in the future may lead to situations that are non-standard for today's legal system.

Russia's accession to the Council of Europe in 1966 gives Russian citizens additional guarantees for the protection of their rights and imposes additional responsibilities on government bodies to respect human rights (including in the field of labor relations).

The “penetration” of international legal regulation into Russian labor legislation occurs in two directions: firstly, through the ratification of conventions and other acts of international organizations and their bodies, of which Russia is a participant (member), and, secondly, through the conclusion by Russia bilateral and multilateral international legal treaties with other states.

The first direction is related to the rule-making activities of the United Nations, the International Labor Organization (ILO), the European regional association of states of the Council of Europe, and the Commonwealth of Independent States (CIS). First of all, these are ILO conventions and recommendations. The second direction comes in the form of joint rule-making practice of two or more specific states interested in mutual or regional settlement of labor legislation issues.

This, in turn, leads to a change in existing stereotypes in the formation of the Russian legal system and in the application of legal norms. Firstly, the direct (immediate) application of international norms becomes possible and necessary if they are ratified by the Russian Federation. Secondly, this is the inclusion of international legal norms in Russian legislation, in the structure of specific laws. Finally, thirdly, this is the implementation of the provisions enshrined in international legal norms through the adoption of relevant acts of the Russian legal system and law enforcement practice.

Thus, international legal regulation of labor relations becomes one of the most important sections of Russian labor law, which must be taken into account when resolving labor disputes.

Judicial practice is also of great importance for the consideration of labor disputes. Of course, decisions of the Plenum of the Supreme Court of the Russian Federation are not sources of law and are not part of the system of normative acts. However, they contain a judicial interpretation of relevant issues, and courts, when considering specific cases, are guided by them and use them to develop a uniform judicial policy.

The classification of labor disputes is a necessary condition for understanding the procedure for resolving them. To classify labor disputes, we will use the following grounds: 1) participants in labor disputes; 2) the content of labor disputes.

So, according to the subjects participating in the labor dispute, the latter are divided into individual and collective:

§ individual labor disputes involve, on the one hand, the employee, and on the other, the administration (for example, a dispute over the illegal dismissal of an employee);

§ collective labor disputes involve, on the one hand, a group of workers, employees of an organization (organizations), and, on the other hand, the administration of one or more organizations (such disputes arise when concluding a collective agreement and other agreements on labor or social protection, i.e. the rights, powers and legitimate interests of the entire labor collective or its structural unit are challenged and protected).

The second sign of dividing labor disputes into types is their content. According to their content, labor disputes are divided into disputes about the establishment of working conditions and disputes about the application of established working conditions:

§ establishing working conditions means their determination with the help of laws and other regulatory legal acts (including agreements, collective agreements, and other local acts). The working conditions established in this way are of a general nature and apply to all or certain categories of workers (for example, the minimum wage and minimum annual leave established by law). Individual working conditions are determined (established) by the employee’s employment agreement (contract) with the organization (for example, a specific salary);

§ application of established working conditions is the use of general conditions in individual labor relations on the basis of an order (instruction) of the administration (for example, the procedure for performing overtime work and attracting workers to it; the procedure for imposing disciplinary sanctions, the procedure for dismissal). The use of general working conditions to regulate individual labor relations in a different manner - by agreement of the parties to the labor agreement - should be understood not as the application of working conditions, but as the establishment of individual working conditions on the basis of laws and other legal acts (for example, the amount of wages determined in the employment contract cannot be less than the legal limit).

Disputes about the application of established working conditions (labor legislation) are actionable in nature, since these are disputes about the restoration of a violated right or legitimate interest, considered on the basis of a corresponding application (claim) by jurisdictional authorities.

Disputes about establishing working conditions are non-litigious disputes, since here we are not talking about the restoration of a violated right (legitimate interest), but about the establishment of a new right.

It is also possible to classify disputes by institutions and even by sub-institutions of labor law. According to this criterion, individual labor disputes can be classified as follows:

§ Disputes regarding the application of legislation on collective agreements and agreements and the terms of labor contracts.

§ Disputes based on disagreements regarding the application of employment legislation.

§ Disputes related to the application of norms included in the institution of “employment contract”. This type of individual labor disputes can be divided into subtypes, which appear as the subject of a claim in specific labor cases, and therefore have certain differences in their consideration:

§ disputes about hiring and concluding an employment contract;

§ disputes about making entries in the work book;

§ disputes about suspension from work;

§ disputes about transfers to another job, relocation or changes in significant working conditions;

§ disputes about reinstatement;

§ disputes about payment for forced absence;

§ disputes regarding the payment of severance pay;

§ disputes about the issuance of a work book and payment for the time of its delay;

§ disputes about payment for the delay in execution of a court decision on reinstatement at work.

§ Disputes regarding the application of working time legislation.

§ Disputes related to the application of legislation on rest time.

§ Disputes regarding the application of standards included in the wage institution, including labor standards and piece rates.

§ Disputes regarding the application of legislation on guarantees and compensation.

§ Disputes arising from the application of legislation on the financial liability of the parties to the labor relationship.

§ Disputes regarding the application of disciplinary liability.

§ Disputes in the field of labor protection.

§ Disputes related to the application of legislation on women's labor.

§ Disputes related to the application of youth labor legislation.

§ Disputes regarding the provision of benefits to employees combining work with training.

§ Disputes based on activities related to supervision and control of compliance with labor laws.

In the literature there are other grounds for classifying labor disputes, for example, depending on the legal relations from which these disputes arise. This refers to disputes arising from:

§ legal relations regarding employment and employment that precede labor relations;

§ labor relations;

§ legal relations regarding training, retraining and advanced training of personnel in production;

§ legal relations regarding labor management at a specific enterprise;

§ social partnerships;

§ legal relations regarding bringing to disciplinary liability;

§ legal relations for compensation of damage caused by the parties to the employment relationship;

§ legal relations for supervision and control of compliance with labor legislation.

It should be noted that this classification is very close to the division of labor disputes according to their content, but does not coincide with it. It is also important that labor disputes related to different types of labor relations have “procedural” specifics. They differ in subject matter, burden of proof, and types of evidence.

As for collective labor disputes, they are a special type of labor disputes that have an internal classification, and a special procedure is provided for their resolution, but since this work is devoted to individual labor disputes, we will not develop this topic in more detail.

Next, we will examine the system of bodies considering labor disputes. These bodies are given the right by law and have the obligation to resolve such disputes. To do this, they are given certain powers. In this regard, bodies for the consideration of labor disputes are considered jurisdictional.

The changes made to the Labor Code of the Russian Federation turned out to be very fundamental in the section devoted to labor disputes. Thus, the structure of the bodies considering these disputes has been changed - there are now no trade union committees. In general, this is a logical decision, since, based on their statutory tasks, trade unions cannot be an objective participant in the dispute resolution process, and trade union committees cannot be a body making binding decisions on labor disputes. As a result, the structure of these organs turned out to be two-tier. Naturally, this does not at all exclude the widespread use by trade unions of their rights and the implementation of their statutory responsibilities. We are talking about changing the forms and methods of employees using their representative bodies at the stage of preventing disputes and situations that create them.

Currently, according to the legislation of the Russian Federation, labor disputes arising between an employee and an employer or his representatives (administration of an organization, institution, enterprise) on the application of legislative and other regulations on labor, a collective agreement and other labor agreements, as well as conditions

employment agreement (contract), the following are considered:

commissions on labor disputes in organizations (LCS);

district (city) people's courts.

In addition, it is possible to use a special procedure for pre-trial consideration of certain categories of labor disputes. In this way, for example, disputes regarding compensation by the employer for harm caused to an employee by injury, occupational disease or other damage to health during the performance of his job duties are resolved. Victims and dependents have the right to appeal the employer’s decision on issues of compensation for harm to the Federal Labor Inspectorate under the Ministry of Labor of the Russian Federation or to the state labor inspectorate of a constituent entity of the Russian Federation.

As for collective labor disputes, they are considered by conciliation commissions and labor arbitrations.

But let's return to individual labor disputes. Most of them are considered either directly in the CCC, or sequentially passing through both stages: the CCC, then the court. This procedure is convenient in that disputes can be resolved directly in the organization, i.e. at the place of work, where evidence can be collected and assessed more quickly and easily.

The jurisdiction of labor disputes and the competence of the body considering disputes are closely related concepts, but not identical and unequal.

The competence of the body considering a labor dispute is the legal sphere of activity, determined by its various functions in the field of labor disputes (the power to accept a dispute for consideration, the power to consider disputes in compliance with a certain procedural order and make decisions on disputes).

Jurisdiction of disputes affects only the right to accept for consideration a dispute within the jurisdiction of this body. It is determined by law. But the law did not establish scientifically based criteria for the jurisdiction of labor disputes to a specific body.

The jurisdiction of labor disputes is a determination, based on the properties and content of a labor dispute, in which body it should initially be resolved. Therefore, when determining the jurisdiction of each specific labor dispute, it is necessary to find out what type of dispute - individual or collective. If the dispute is individual, then it is necessary to establish the legal relationship from which it arises. All disputes arising from legal relations directly related to the labor relationship are not within the jurisdiction of the labor dispute commission. The correct determination of the jurisdiction of a particular labor dispute is of great practical importance, since the resolution of a dispute by an unauthorized body does not have legal force and cannot be enforced.

The procedure for considering individual labor disputes established by the Labor Code of the Russian Federation does not apply to disputes about the early release from elective paid positions of employees of public organizations and other associations of citizens by decision of their bodies, to disputes between judges, prosecutors, their deputies and assistants, as well as investigators from the prosecutor's office and government officials. employees on issues of transfer, dismissal (including changing the date and wording of the reasons for dismissal), payment for forced absence upon reinstatement and the imposition of disciplinary sanctions on them. The specifics of consideration of disputes of these categories of employees are established by other legislative acts, in particular special laws. But civil servants can apply for a resolution of the dispute not only to the relevant state organizations, but also to the court, since Article 9 of the Federal Law “On the Fundamentals of the Civil Service of the Russian Federation” establishes an alternative jurisdiction for disputes of their choice.

When considering labor disputes, the court applies the relevant norms of not only labor law, but also civil procedural law.

The guiding decisions of the Plenum of the Supreme Court of the Russian Federation are of great importance for the uniform application of legislation when considering individual labor disputes. They are not sources of law, but provide courts with guidance on the uniform application of labor legislation in specific cases.

The jurisdictional bodies that consider individual labor disputes are labor dispute commissions and courts.

commissions on labor disputes in organizations;

higher authorities for certain categories of workers (judges and others) and the federal labor inspectorate.

Each type of labor dispute proceedings is independent. The same dispute can go through two types of proceedings in succession: in the labor dispute commission and in court (if the disputing party, not satisfied with the decision of the labor dispute commission, wishes). All bodies for the consideration of labor disputes are vested with government powers by the state. Therefore, their decisions are binding and do not require special approval, that is, they are final (if not appealed).

Most individual labor disputes are considered either directly in the labor dispute commission, or sequentially passing through both stages: in the labor dispute commission, then in court. This procedure is convenient in that disputes can be resolved directly in the organization, that is, at the place of work, where it is faster and easier to collect and evaluate evidence.

Labor dispute commissions are formed at the initiative of workers and (or) the employer from an equal number of representatives of workers and the employer.

The labor dispute commission is obliged to consider the dispute within ten days from the date of filing the application in the presence of the employee and the employer. Consideration of a dispute in the absence of an employee is allowed only upon his written application.

The decision of the Labor Dispute Commission can be appealed by the employee or the administration to the court within ten days from the date of delivery of copies of the commission's decision. Missing the specified deadline is not grounds for refusing to accept the application. Having recognized the reasons for the absence as valid, the court may restore this period and consider the dispute on the merits. (Appendix 1)

Practice shows that more often employers than employees miss deadlines for appealing the decision of the labor dispute commission to the court. In addition, they sometimes incorrectly indicate the parties to the dispute, calling themselves plaintiffs and workers - defendants. However, “regardless of who initiated the case in court - at the request of an employee or administration who do not agree with the decision of the labor dispute commission, the court resolves this labor dispute in the manner of claim proceedings, in which the plaintiff is the employee, and the defendant is the enterprise, institution, organization challenging his claims.”

So, let's move on to characterizing the competence and jurisdiction in relation to labor disputes considered by the courts of the Russian Federation.

Some categories of labor disputes require initially (already at the first stage) their consideration directly in court, bypassing labor dispute commissions. Employees of enterprises, institutions, organizations where labor dispute commissions are not elected or for some reason not created;

employees about reinstatement at work, regardless of the grounds for termination of the employment agreement (contract), about changing the date and wording of the reason for dismissal, about payment for the time of forced absence or performing lower-paid work;

administration on compensation by the employee for material damage caused to the enterprise, institution, organization.

Disputes regarding refusal to hire are also heard directly in the courts:

persons invited by way of transfer from another enterprise, institution, organization;

young specialists who graduated from a higher or secondary specialized educational institution and were sent in the prescribed manner to work at a given enterprise, institution, or organization;

other persons with whom the administration of the enterprise, institution, organization, in accordance with the law, was obliged to conclude an employment contract.

It can be said that the distribution of competence between the labor dispute commission and the court is such that the labor dispute commission is primarily involved in protecting the individual rights of workers in labor relations. The court is entrusted with the task of protecting the right to work under an employment agreement (contract) and considering other disputes after a labor dispute commission or when there are no labor dispute commissions.

Judicial statistics indicate that the vast majority of individual labor disputes considered by the courts are resolved in favor of workers. This indicates the effectiveness of judicial protection of workers' labor rights. The shortcomings in this case (especially the significantly increased time for labor disputes to pass through the courts) impede the courts’ successful implementation of state protection of the rights and interests of citizens.

Next, we will examine the system of bodies considering individual labor disputes. Individual labor disputes, as mentioned above, are considered by labor dispute commissions and courts. That is, disagreements between the subjects of the labor relationship regarding the employer’s application of labor legislation or a labor agreement that have not been resolved by the employer and employee are resolved by jurisdictional bodies: the CCC and the court within the limits of the rights granted to them.

The question of where a specific individual dispute should be resolved - in the CCC or in court - is determined in accordance with their jurisdiction.

Jurisdiction of labor disputes is the distribution of competence to resolve them between bodies empowered to consider labor disputes and make legally binding decisions for their subjects. The correct determination of the jurisdiction of a particular labor dispute plays a great practical role, since the resolution of a dispute by an incompetent body has no legal force and cannot be enforced.

Thus, speaking about the consideration of an individual labor dispute by judicial bodies, it is first necessary to dwell on their competence, that is, determining the range of labor disputes that they resolve.

Judicial authorities consider individual labor disputes in several cases. First of all, they act as the second body considering the dispute if the employee or employer does not agree with the decision of the CCC and appeals it, which is enshrined in Article 390 of the Labor Code of the Russian Federation. In addition, on behalf of the employee and in his interests, the trade union can also appeal the decision of the Labor Union (Article 391 of the Labor Code of the Russian Federation).

There is a ten-day period for appealing, calculated from the date of delivery of copies of the commission’s decision. Missing the deadline is not grounds for refusing to accept an application. A deadline missed for valid reasons may be restored by the court. If the deadline for filing a lawsuit is missed without a valid reason, the court, having considered the case on its merits, refuses to satisfy the claim due to the missed statute of limitations.

The Labor Code indicates the possibility of appealing the decision of the labor dispute commission only to the court. However, it is necessary to keep in mind the existence in the regions of a corps of justices of the peace; they are the ones who consider cases after the commission on labor disputes, since all disputes arising from labor relations are under their jurisdiction, with the exception of cases of reinstatement at work and cases of resolution of collective labor disputes ( Article 23 of the Code of Civil Procedure of the Russian Federation).

Another case when a labor dispute is considered in court is related to the failure of the labor dispute commission to comply with the deadline for considering the dispute. An employee can exercise his right to transfer an individual legal dispute to court if the commission has not considered it within ten days (Article 390 of the Labor Code of the Russian Federation). In this regard, it should be noted that the specified right of the employee should also cover the possibility of appealing to the magistrate.

The possibility of transferring the consideration of a dispute to court (to a magistrate) is provided to ensure quick and effective protection of the rights and legitimate interests of the employee. He is not obliged to wait for the commission’s decision in the event that it violates the established deadline for considering a labor dispute, even if the consideration of the case has begun.

There is no deadline for applying to court (to a magistrate) when rescheduling the consideration of a dispute. The employee should probably do this immediately after he becomes aware that the commission has violated the ten-day deadline. However, in any case, it is necessary to comply with the general deadlines established by Article 392 of the Labor Code of the Russian Federation, that is, three months from the day the employee learned or should have learned of a violation of his right.

An employee may apply to a court (magistrate) for consideration of an individual labor dispute if, for some reason, a labor dispute commission has not been created in the organization.

In accordance with Article 391 of the Labor Code of the Russian Federation, an employee can go to court (to a magistrate), “bypassing the labor dispute commission.” This indication of the law essentially establishes an alternative jurisdiction for individual labor disputes, in other words, the employee has the right to choose the body that will consider his disagreements with the employer. This could be a labor dispute commission or a court.

Considering that Article 46 of the Constitution of the Russian Federation guarantees everyone the right to judicial protection and the Code does not contain provisions on the mandatory preliminary out-of-court resolution of a labor dispute by a labor dispute commission, a person who believes that his rights have been violated, at his own discretion, chooses the method of resolving an individual labor dispute and has the right to either initially appeal to the labor dispute commission (except for cases that are considered directly by the court), and in case of disagreement with its decision, to the court within ten days from the date of delivery of a copy of the commission’s decision, or to immediately appeal to the court (Article 382 , part 2 of article 390, article 391 of the Labor Code of the Russian Federation)

If an individual labor dispute is not considered by the labor dispute commission within ten days from the date of filing the application, it has the right to transfer its consideration to the court (Part 2 of Article 387, Part 1 of Article 391 of the Labor Code of the Russian Federation).

At the same time, earlier (Article 382-386 of the Labor Code of the Russian Federation) it was not indicated that an employee could apply for resolution of an individual labor dispute to a commission or to judicial authorities, that is, a two-stage consideration of a labor dispute was assumed - first in the commission, and then in court (for with the exception of cases falling directly within the jurisdiction of the court).

This contradiction can be overcome by interpreting the norm of Article 391 of the Labor Code of the Russian Federation. The first interpretation option: this article refers to cases when the organization has not created a labor dispute commission. In such a situation, previous legislation allowed for recourse to court. This is a "narrow approach". The second version of interpretation is based on a literal reading of the norm of Article 391 of the Labor Code of the Russian Federation, which states that an employee has the right to go to court, “bypassing the commission for labor disputes,” that is, a commission in the organization has been created and operates, but the employee has the right to immediately submit an application to court (magistrate).

When considering the procedure for resolving individual labor disputes, one cannot help but dwell on the serious innovation introduced by the Labor Code. On a number of issues, employees and their representatives are given the right to appeal the employer’s actions not only to the judicial authorities, but also to the Federal Labor Inspectorate. Such cases include, in particular, discrimination in the sphere of labor (Article 3 of the Labor Code of the Russian Federation); disagreements regarding the investigation, registration and recording of industrial accidents (Article 231 of the Labor Code of the Russian Federation); appealing disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation); illegal local act (Article 372 of the Labor Code of the Russian Federation); illegal dismissal of a trade union member (Article 373 of the Labor Code of the Russian Federation).

Thus, the employee independently determines which body and, therefore, in what order his disagreements with the employer will be considered. In this regard, the “weak side” of labor relations receives certain advantages. But it should be noted that the possibility of applying for resolution of disagreements to the bodies of the Federal Labor Inspectorate practically introduces a parallel structure for the consideration of individual labor disputes in an administrative manner. This can hardly be considered theoretically justified, since, firstly, supervisory authorities are entrusted with performing tasks unusual for them. Secondly, the creation of duplicate structures for resolving individual labor disputes destroys the clear delineation of the competence of various government bodies that ensure the protection of the labor rights of workers. Thirdly, the existence of two equally legitimate ways to resolve disagreements that arise between an employee and an employer will inevitably lead to the formation of contradictory law enforcement practice.

Having examined the competence of judicial bodies to consider individual labor disputes, it is necessary to move on to the established procedure for contacting these bodies and the procedure for resolving a dispute.

Before turning to the judicial authorities, it is necessary to determine the jurisdiction of labor cases. It is determined in accordance with the provisions of civil procedural legislation. By virtue of Articles 28, 29 of the Code of Civil Procedure of the Russian Federation, claims for the restoration of labor rights can be brought at the location of the organization or at the place of residence of the plaintiff (employee).

According to clause 2 of Article 54 of the Civil Code of the Russian Federation, the location of a legal entity is determined by the place of its state registration, unless otherwise specified in its constituent documents in accordance with the law. According to clause 2 of Article 8 of the Federal Law of August 8, 2001 “On State Registration of Legal Entities”, state registration of a legal entity is carried out at the location of the permanent executive body indicated by the founders in the application for state registration, in the absence of such an executive body - at the location the location of another body or person having the right to act on behalf of a legal entity without a power of attorney. All necessary information about legal entities in the Russian Federation is included in the state register in accordance with the rules of Article 5 of the Federal Law “On State Registration of Legal Entities”.

As for filing a claim at the place of residence of the plaintiff. In accordance with Article 20 of the Civil Code of the Russian Federation and Article 2 of the Law of the Russian Federation of June 25, 1993 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and place of residence in the Russian Federation,” the place of residence of a citizen is recognized as the place where the citizen permanently or mainly lives in a residential building, apartment, dormitory, etc. as an owner, under a lease (sublease) agreement, or on other grounds provided by law.

Now let us dwell on the jurisdiction of civil cases arising from labor relations, the magistrate, as well as the district court. According to Article 23 of the Code of Civil Procedure of the Russian Federation, the jurisdiction of the magistrate includes cases of individual labor disputes, with the exception of cases of reinstatement at work and cases of resolution of collective labor disputes. In particular, he considers cases on claims: about changing the date and wording of the reasons for dismissal; on recognizing the transfer to another job as illegal; on the lifting of a disciplinary sanction; on recovery from an employee of damage caused to the property of an enterprise, institution, or organization.

The Supreme Court clarified that the magistrate does not have jurisdiction over not only cases of reinstatement, but also cases derived from demands for reinstatement. In particular, these include cases of compensation for moral damage caused by illegal dismissal.

Cases on property disputes arising from labor relations fall under the jurisdiction of a magistrate, regardless of the value of the claim.

By virtue of Article 24 of the Code of Civil Procedure of the Russian Federation, civil cases that are not within the competence of a magistrate are considered in the first instance by a district court, unless by federal law they fall under the jurisdiction of other federal courts of general jurisdiction. The district court also acts as an immediate superior authority to verify decisions and rulings of justices of the peace that have not entered into legal force, in the event of an appeal against them by persons participating in the case. Under certain circumstances, cases referred by law to the competence of a magistrate are considered in the first instance by a district court. In particular, according to Part 2 of Article 12 of the Federal Law of December 17, 1998 “On Justices of the Peace in the Russian Federation,” if the Justice of the Peace is not appointed or elected.

Thus, having examined the competence of judicial bodies to consider individual labor disputes, as well as the issue of determining the jurisdiction of labor cases, let us move directly to the procedure for resolving an individual labor dispute in the court of first instance.

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Labor dispute– disagreements between subjects of labor law regarding the application of labor legislation or the establishment of new working conditions in a partnership that have been submitted for resolution by the jurisdictional body.

Current legislation provides for several ways to resolve individual labor disputes– consideration and resolution of labor disputes in the labor dispute commission (LCC); in court, bypassing the CCC, and in a special procedure, when the dispute is resolved in a higher authority. Individual labor disputes are considered by the CCC and the courts if the employee, independently or with the participation of his representative, does not resolve disagreements during direct negotiations with the employer. The regulatory framework governing the procedure for considering individual labor disputes is labor legislation, and the procedure for considering cases of labor disputes in the courts is determined by the civil procedural legislation of the Russian Federation.

The CCC considers disputes about transfers to another job, the application of other terms of the contract, about individual norms and working hours, about the duration and use by the employee of the rest he is entitled to, the imposition of disciplinary sanctions, about remuneration, etc.

CTCs are formed at the initiative of employees and (or) the employer from an equal number of representatives of employees and the employer. Employee representatives to the labor dispute commission are elected by the general meeting of employees of the organization. Representatives of the employer are appointed to the commission by the head of the organization. Organizational and technical support for the activities of the CTS is carried out by the employer. The CCC from its composition includes the chairman and secretary of the commission.

An employee can appeal within 3 months from the day he learned or should have learned about a violation of his right. If the established deadline is missed for valid reasons, the CCC may restore it and resolve the dispute on the merits.

Procedure for resolving collective labor disputes

Conciliation commission created by the parties themselves from an equal number of their representatives on an equal basis. It must be formed within three working days from the moment the collective labor dispute begins and formalized by an order of the employer and a decision of the employee representative. The employer does not have the right to evade its creation and participation in its work and is obliged to create the necessary conditions for its work. The conciliation commission must consider the dispute within five working days from the date of issuance of the order on its creation. From among its members, the commission selects a chairman and a secretary by open vote, but they must be from different parties. The commission is obliged to use all opportunities at its disposal to resolve the collective labor dispute that has arisen.

If the parties do not reach an agreement in the conciliation commission, then they continue conciliation procedures with the participation of a mediator or in labor arbitration, as they agree on it.

Consideration of a collective labor dispute with the participation of a mediator by agreement of the parties, a mediator is invited on the recommendation of the service for the settlement of collective labor disputes (hereinafter simply the Service) or independently of it. And if within three working days from the moment of contacting the Service the parties do not come to an agreement on the candidacy of the mediator, then he is appointed by the Service. The mediator determines the procedure for considering a collective labor dispute with his participation by agreement with the disputing parties. A mediator is a neutral third party in relation to the disputing parties and is intended to help them reach an agreement. He must consider the dispute within seven calendar days from the date of his invitation (appointment). This consideration ends with the adoption of an agreed decision in writing, and if agreement is not reached, the drawing up of a protocol of disagreements.

If an agreement between the parties on the dispute is not reached and a protocol of disagreements is drawn up, then from that moment the parties turn to the third stage of conciliation procedures - labor arbitration.

Labor arbitration is a temporary body for resolving a specific collective labor dispute. It is created by the parties to the dispute and the Service no later than three working days from the end of the consideration of the dispute by the conciliation commission or with the participation of a mediator.

It is formed by three labor arbitrators recommended by the Service or proposed by the parties to a collective labor dispute. The labor arbitration panel should not include representatives of the parties to the dispute.

The corresponding decision of the employer, employee representative and the Service formalizes the creation of a labor arbitration tribunal, its personnel, regulations and its powers.

Labor arbitration may meet more than once during this five-day period. He considers requests from the parties, receives the necessary documents and information relating to the collective labor dispute. If necessary, he informs state authorities and local governments about the possible social consequences of a collective labor dispute. The labor arbitration ends the consideration of the dispute by developing recommendations on the merits of the dispute in writing. These recommendations are communicated to the parties. They become binding on the parties if the parties have entered into a written agreement on their implementation.

Individual and collective labor disputes are considered by various bodies.

Bodies for consideration of individual labor disputes are provided for in Art. 382 of the Labor Code of the Russian Federation, according to which these bodies are the labor dispute commission and the court.

A labor dispute is considered by a labor dispute commission if the employee was unable to independently resolve the disagreements that arose with the employer. Individual labor disputes are resolved by the commission in a pre-trial manner.

The Labor Dispute Commission is formed in accordance with Art. 384 Labor Code of the Russian Federation.

The commission is formed at the initiative of employees or the employer from an equal number of representatives of employees and the employer. Employee representatives to the labor dispute commission are elected by the general meeting (conference) of the organization's employees or are delegated by the representative body of employees with subsequent approval at the general meeting (conference) of the organization's employees and are appointed by the head of the organization.

By decision of the general meeting, commissions can be formed in the structural divisions of the organization. At the same time, labor dispute commissions of structural divisions of organizations can consider individual disputes within the powers of these divisions.

If an individual labor dispute has not been considered by the commission within ten days, and also if the decision of the commission is appealed to the court, the individual labor dispute is considered by the court.

Cases arising from labor relations, except for cases of reinstatement at work, fall within the competence of magistrates on the basis of subsection. 7 clause 1 art. 3 of the Law on Magistrates. If in some constituent entities of the Russian Federation there are no justices of the peace, this category of cases is considered by federal judges of district courts.

Cases arising from labor relations are considered in the manner prescribed by civil procedure legislation.

Collective labor disputes are considered by the following bodies:

1) conciliation commission;

2) labor arbitration.

At the same time, the conciliation commission, unlike labor arbitration, is a mandatory body that considers a collective labor dispute.

The conciliation commission is a temporary body for the consideration of a collective labor dispute (clause 1 of the Recommendations on the organization of work on the consideration of a collective labor dispute by the conciliation commission). It considers collective labor disputes regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective contracts, agreements, as well as in connection with the employer’s refusal to take into account the opinion of the elected representative body of workers when adopting acts containing labor law norms, in organizations.

A conciliation commission is created by the parties to a collective labor dispute within 3 working days from the start of the collective labor dispute. The decision to create a conciliation commission is formalized by an order (instruction) of the employer and a decision of the representative of the organization’s employees.

The employer has no right to avoid creating a conciliation commission and participating in its work. In addition, he must create the necessary conditions for the work of the commission.

Labor arbitration is a temporary body that is created if the parties to a collective labor dispute have entered into a written agreement on the mandatory implementation of its decisions (clause 2 of the Recommendations on the organization of work on the consideration of a collective labor dispute in labor arbitration).

When considering a collective labor dispute, labor arbitration is created in the following cases:

1) refusal of one of the parties to a collective labor dispute to participate in the creation or work of a conciliation commission;

2) the parties fail to reach an agreed decision regarding the candidacy of a mediator within 3 working days;

3) consideration of a collective labor dispute between employees and employers of organizations in which the legislation of the Russian Federation prohibits or restricts the conduct of strikes;

4) failure to reach agreement when considering a collective labor dispute by a conciliation commission, if the parties chose to consider the dispute in labor arbitration as the next conciliation procedure.

So, the conciliation commission and labor arbitration consider and resolve a collective labor dispute. Labor legislation specifies another body that facilitates the settlement of collective labor disputes. This is the Service for Settlement of Collective Labor Disputes.

The Service for Settlement of Collective Labor Disputes (hereinafter referred to as the Service) is a system of state bodies (divisions) formed as part of the federal executive body for labor, the relevant executive bodies of the constituent entities of the Russian Federation and local governments, designed to assist in resolving collective labor disputes through organization of conciliation procedures and participation in them (Part 1 of Article 407 of the Labor Code of the Russian Federation).

This body operates on the basis of the Regulations on the Service for Settlement of Collective Labor Disputes.

The Service is a state body that promotes the resolution of collective labor disputes by organizing, participating in conciliation procedures, as well as implementing measures to prevent and resolve collective labor disputes.

According to Part 2 of Art. 407 of the Labor Code of the Russian Federation, clause 4 of the said Regulations The Service for Settlement of Collective Labor Disputes exercises the following powers:

1) carries out notification registration of collective labor disputes;

2) checks, if necessary, the powers of representatives of the parties to a collective labor dispute;

3) forms a list of labor arbitrators;

4) conducts training for labor arbitrators specializing in resolving collective labor disputes;

5) identifies and summarizes the causes and conditions for the emergence of collective labor disputes, prepares proposals for their elimination;

6) provides methodological assistance to the parties to a collective labor dispute at all stages of resolving these disputes;

7) organizes the financing of conciliation procedures in accordance with the established procedure;

8) organizes work to resolve collective labor disputes in interaction with representatives of workers and employers, state authorities and local governments;

9) prepares operational information on collective labor disputes (strikes) in the regions of the Russian Federation, measures taken to resolve them;

10) organizes work on the selection and advanced training of service workers, as well as on the training and advanced training of mediators and labor arbitrators specializing in resolving collective labor disputes;

11) develops proposals for conducting research work on the problems of resolving collective labor disputes;

12) studies, summarizes and disseminates domestic and foreign experience in organizing work on the prevention and settlement of collective labor disputes, publishes a newsletter.

Employees of the Service may be involved as experts, mediators and even labor arbitrators during conciliation procedures to resolve disputes. At the same time, they are obliged to maintain state, official and commercial secrets.

Employees also have the right to freely visit organizations (branch, representative office, other separate structural unit) in order to resolve collective labor disputes, identify and eliminate the causes that give rise to these disputes.

The system of bodies for considering individual labor disputes, their competence, deadlines for filing. System of bodies considering labor disputes

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