Labor disputes resolution
Conflicts between employee and employer may arise at any enterprise. At the same time, both parties are entitled to defend their interests by all means not prohibited by law. Reason of disagreement can be offenses, as well as a misunderstanding or incorrect assessment of the situation. Labor disputes resolution is handled by qualified lawyers. They consult employees and employers, look for ways to resolve the conflict in pre-trial procedure, draw up paperwork and represent interests of the clients in court.
When is labor dispute resolution needed
Lawyers resolving labor disputes deal with conflicts between employee and management of the company in which he works. Conflict situation may arise due to violations of the employee’s rights or failure to fulfill obligations. In legal practice causes of conflicts are usually divided into several categories:
Often, several factors lead to necessity of resolving labor disputes. For example, cause of conflict between employees and head of the company may be inaccuracies in the founding documents of the company or financial difficulties of the company. Conflicts come in two forms:
- individual – in this case, interests of individual employee of the company are affected;
- collective – the whole company’s team or subdivisions take part in the proceedings.
Disagreements are also classified by the nature and subject of the conflict, by types of work relationship violations and methods of resolving labor disputes.
Forms of labor disputes resolution
There are two main types of labor disputes resolution: judicial and non-judicial. With a non-judicial method of settlement, appeal to court is not required. In this case, conflicts are resolved through negotiations between employer and company’s management, or special commission is created for their resolving.
If disagreements cannot be settled in a non-judicial manner, a lawsuit is filed. Both the employee and the employer can file a lawsuit to the court. Employees are entitled to file claims within three months from the moment they learned about violation, or within a month in case of dismissal. For employers, the claim period is one year.
Before appeal to court it is worth to appeal to a lawyer. He will correctly draw up a lawsuit, check that all necessary papers are attached. When contacting a specialist, chances of resolving the conflict in your favor significantly increase.
Procedure of labor disputes resolution
The procedure of resolving individual or collective labor disputes is determined by the Labor Code: Art. 381, Art. 382-388. Also, legal practice is based on federal laws in resolving disagreements between employers and employees. In order to determine the conflict as individual one, it should relate to questions of enforcement of legislation, employment agreement and working conditions. Parties of the conflict should be in an employment relationship, or one of the parties should express desire to enter such relationship.
Individual conflicts between employers and employees are examined by special commissions or courts. The commission is formed at the request of any of the parties, including trade unions of individual entrepreneurs or companies. Commission should include representatives of both employee and employer, and number of participants on both sides should be the same. Parties are given 10 days to send their representatives for participation in labor dispute resolution from the date of written notice’s receipt.
Representatives on the part of employer are appointed by company’s management, and representatives on the part of employee are determined by the general meeting of employees. By decision of the employees, commission may be formed within the company itself, that is involved into conflict. The commission is entitled to have its own seal, and the employer must provide premises and technical opportunity for commission’s activity. In addition, the commission selects the chairman, his deputy and secretary.
Article 387 of the Labor Code establishes a procedure for disputes resolution by a commission:
- employee submits an application, it should be registered;
- within 10 days from the moment of submitting the application, the general meeting considers it in the presence of employee or his representative;
- if the parties failed to appear, consideration of dispute is postponed;
- if the parties fail to appear again without valid reason, consideration of application may be canceled;
- the commission is entitled to call witnesses and specialists to the meeting, and employer is obliged to provide assistance by presenting the necessary documents;
- at least half of the participants on each side that takes part in the resolution of labor dispute should be present at meeting, so that the meeting is considered competent;
- at hearings the secretary keeps a protocol, which is signed by the chairman and deputy and certified with a seal.
Decision made by the commission should be implemented in 10 days. This deadline is envisaged for appeal. If neither party appeals the decision, there are three days to enforce the decision. If this does not happen, the employee receives a certificate. This is an executive document which provides employee right to contact the bailiff service. However, if one of the parties transferred resolution of the conflict to court, a certificate is not issued.
If employer or employee has not complied with the decision of the commission, the bailiff may enforce decision on the basis of certificate. However, according to Art. 390 of Labor Code, decision may be appealed to the court within 10 days after parties received official copies of documents. Consideration of the case also passes to court if commission did not consider the application of the employee within 10 days prescribed by law.
One of the reasons for individual conflicts between employees and employers is dismissal and relocation to another position. Employee may consider such management’s actions unlawful, and then he addresses the commission or resolves matter in court. If the employee’s claims are satisfied, employer will have to pay average salary during the forced pass or to cover difference in salary if employee was unlawfully relocated to a lower-paid position. Authorities that examined the conflict may also require to change wording of dismissal.
If application was considered in court, and the court ruled that dismissal was unlawful, but did not require employee to be reinstated, but only the wording of the dismissal should be changed, then the date of the court decision should be indicated in labor book. From this moment employee will be considered officially dismissed. In addition, with the assistance of competent lawyers, the court can recover compensation of moral harm from the employer.
VALEN legal services
VALEN law firm offers assistance in non-judicial and judicial settlement of conflicts between employees and employers. We provide a full range of services:
- oral and written consultations on the conflict and possibilities for its resolving;
- examination and legal analysis of contracts, local regulations, orders, job descriptions;
- forecasting outcome of the conflict and legal assessment of possible risks;
- search for the most reasonable ways to solve problem and development of legal position;
- participation in negotiations and pre-trial process of dispute resolution;
- representation of client’s interests in labor inspection, court;
- preparation of complaints, statements of claim, reviews.
Our labor dispute lawyer is ready to help to resolve individual and collective conflicts and protect interests of the client in court at any stage of the process. To get legal support, contact us using any of available methods or visit the VALEN office, having previously registered by calling +7 (495) 7-888-096.