Blog Dispute settlement
Today legal entities while carrying out it’s business activities, often face not only conflict situations with contractors, partners and competitors but also disputes within one organization. Such disputes are one of the most widespread in the companies’ sphere of activity and is called corporate disputes.
There are often employer-employee conflicts. They may relate to various issues: rights violation, non-payment of the required payment, damaging event, etc. Such disagreements are called individual labor disputes. They differ from collective ones as they involve only one person, not the staff.
The procedure for resolving tax disputes is regulated by law. The conflict can be settled in court and pre-trial, but conflicts over the calculation of taxes are associated with difficulties for one of the parties. After all, in fact, the dispute is between a citizen, a company and the state.
There may be disagreements between employees and employers. For example, because of the salary, schedule and working conditions. If such conflicts affect not personal, but working relationships, the law considers them to be labour disputes.
There are two main dispute resolution mechanisms in the Russian legal system. The main and most frequently used method is the judicial procedure for conflict resolution. However, the second method, the pre–trial dispute settlement procedure, is gaining popularity for various reasons.
Labor dispute is a disagreement between participants of employment relationship. As a rule, we are talking about conflicts between an employer and an employee, or between an employer and a group of employees. For the law to define a dispute as a labor dispute, it must necessarily affect work issues: personal differences between people do not belong to the category of labor, even if it is a personal conflict between colleagues.
Russian legal system provides two main ways of dispute settlement. The main and most frequently used method is a trial settlement of conflicts. However, for a variety of reasons, the second method – pre-trial dispute settlement, is gaining increasing popularity. Its essence is in avoiding of lengthy litigation and related financial, opportunity and other costs.
The general meeting of the LLC participants is a special procedure at which the company’s decisions are made. We are talking about the reorganization, amendment of the charter, appointment of the general director and other important agendas for the work of the company.
Every labor relations participant has the right to protect their rights and freedoms, including with the support of the State. This is stipulated by the legislation of the Russian Federation. It follows that employees and employers can resolve labor disputes not only administratively, but also in court. According to the Labor Code of the Russian Federation, the resolution of labor disputes in court is the main way to protect the interests of the parties.
At any time, in any country, in any company, a conflict between an employee and an employer may arise, and the reasons for that are rather different. In this situation, both sides seek to protect their own interests using any available legal means. As a rule, the violations of the laws and regulations by one side, misunderstanding of the situation, or some communication errors are the most common causes of conflicts. But in any case, whatever the reasons are, the search for a solution always means the work of specialized lawyers. These specialists can consult both parties and try to find such a solution to the conflict that eliminates the need to bring it to court, but if in case a dispute is being considered before court, lawyers represent their interests there.