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labor dispute. Labor disputes Labor disputes liability labor law

Labor disputes, which may be subject to consideration and resolution by courts of general jurisdiction, are divided into collective and individual.

A collective labor dispute is an unresolved disagreement between employees (and their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative body of employees when adopting acts containing labor law norms in the organization (Article 398 of the Labor Code of the Russian Federation).

Collective labor disputes (on the recognition of a strike as illegal) are within the jurisdiction of the supreme courts of the republics, territorial, regional courts, courts of cities of federal significance, courts of an autonomous region and autonomous districts. These courts consider collective labor disputes at the request of the prosecutor or the employer (Article 413 of the Labor Code of the Russian Federation).

Almost all individual labor disputes fall within the competence of the justice of the peace. The exception is cases of reinstatement at work, which are considered at first instance. district courts(clause 6, part 1, article 23 of the Code of Civil Procedure of the Russian Federation).

Individual labor dispute - unresolved disagreements between the employer and the employee on the application of laws or other regulatory legal acts containing labor law norms, a collective agreement, an agreement, employment contract, including the establishment or change of individual working conditions, which are declared to the body for the consideration of individual labor disputes(Article 381 of the Labor Code of the Russian Federation).

This concept of an individual labor dispute has significantly expanded the possibilities of bodies called upon to consider labor disputes, including justices of the peace, to protect the labor rights of a particular employee.

A very important addition regarding the signs of a labor dispute is contained in Part 2 of Art. 381 of the Labor Code of the Russian Federation, according to which an individual labor dispute is recognized not only as a dispute between an employee and an employer, but also between an employer and a person who previously had an employment relationship with this employer, as well as a person who expressed a desire to conclude an employment contract with the employer, in case of refusal by the employer in the conclusion of an employment contract.

The parties in civil proceedings are the plaintiff and the defendant.

The plaintiff is a person in defense of whose subjective rights and legally protected interests a case has been initiated, including those arising from labor relations; defendant - a person brought by the court to answer on demand, statement of the plaintiff. In addition, the persons participating in the case include third parties, the prosecutor, trade unions and other bodies.

One of the features of court cases on labor disputes is that almost always their initiator (plaintiff) is an employee, and the employer is involved as a defendant. This is due to the specifics labor relations, which are characterized by the subordination of the employee to the authority of the administration, the binding decisions and instructions of the administration for subordinate employees.

The employer registers the employee for work, makes entries in work book, organizes the labor process and provides the conditions necessary for work, pays wages, provides vacations and days off, transfers to another job, brings the employee to disciplinary responsibility, formalizes dismissal from work and has the right to terminate the contract with the employee on his own initiative.

The employee has almost no opportunity to influence the will of the employer.

If in conflict situation the employee decides to take a principled position, does not want to give in to the manager and put up with his decision, he goes to court with a lawsuit.

Any decision of the manager related to the application of norms labor law, collective or labor agreements, which, according to the employee, violates his rights, may become the subject of a labor dispute.

A labor dispute can be considered both by the commission on labor disputes existing at the enterprise, in the organization, and in judicial order in accordance with Art. 382, part 2 of Art. 390, Art. 391 of the Labor Code of the Russian Federation.

At the same time, the judge must take into account that the out-of-court procedure for resolving labor disputes is not mandatory. In accordance with Art. 46 of the Constitution of the Russian Federation, everyone is guaranteed the right to judicial protection, and the Labor Code of the Russian Federation does not contain provisions on the mandatory preliminary out-of-court procedure for resolving 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 apply to the labor dispute commission (CTC) or immediately to the court.

The jurisdiction of the justice of the peace includes cases of individual labor disputes, with the exception of cases on reinstatement and cases on the resolution of collective labor disputes. In particular, he considers cases on claims: on changing the date and wording of the reasons for dismissal; about the withdrawal disciplinary action; on payment of unaccrued (if there is a dispute) and accrued, on unpaid wages; on the recovery from the employee of damage caused to the property of the enterprise, institution, organization; on the recognition of the transfer to another job as illegal, since in this case the employment relationship between the employee and the employer does not stop. At the same time, it must be taken into account that a labor dispute that arose in connection with a refusal to hire a job is not a dispute about reinstatement, since it arises between the employer and the person who has expressed a desire to conclude an employment contract, and not between the employer and the person who previously in an employment relationship with him.

The Supreme Court of the Russian Federation clarified that the justice of the peace does not have jurisdiction not only in cases of reinstatement, but also in cases derived from demands for reinstatement. In particular, they include cases of compensation for moral damage caused by illegal dismissal.

Cases on property disputes arising from labor relations are within the jurisdiction of a justice of the peace, regardless of the value of the claim.

Also, the justice of the peace does not have jurisdiction over disputes about establishing new or changing existing working conditions. The judge cannot consider the demand of the employee for an increase in his salary or for the establishment of part-time work for him, for an increase tariff category or an increase in the duration of the vacation, if the law, the collective or labor agreement, local regulations do not impose a corresponding obligation on the employer.

An employee is not entitled to claim in court the payment of a bonus to him that is not provided for by the regulation on bonuses adopted and in force at this enterprise.

If the employee nevertheless applied to the court with such a claim, the judge issues a ruling to refuse to accept the statement of claim on the grounds that it is not subject to consideration and resolution in civil proceedings.

It should be noted that the new Labor Code of the Russian Federation contains a provision on the prohibition of discrimination in the sphere of labor. According to part 3 of Art. 3 of the Labor Code of the Russian Federation, persons who believe that they have been discriminated against have the right to apply to the federal labor inspectorate and (or) to the court with an application for the restoration of violated rights, compensation for material damage and compensation for moral damage.

The initiative to initiate a labor case in court belongs to: the employee; the prosecutor; employer (organization of any legal form or individual); body government controlled; union.

Acceptance by the justice of the peace of the statement of claim is allowed if the plaintiff observes the procedure established by the Code of Civil Procedure of the Russian Federation.

Claims for labor disputes are presented to the justice of the peace at the place of residence of the defendant, and a claim against a legal entity - at the location of the body legal entity. Claims for damages can also be filed at the place where the damage was caused.

When an application is received by the court on a dispute subject to preliminary consideration by the CCC, the judge must require an extract from the minutes of the CCC meeting on this dispute.

One of the conditions for accepting a claim for consideration is the compliance of the form and content of the application with the established requirements.

The claim must indicate:

The name of the court to which the application is submitted;

The name of the plaintiff, his place of residence or his location (for a legal entity), as well as the name of the representative, his address, if the application is submitted by a representative;

The name of the defendant, his place of residence or his location (for a legal entity);

Circumstances on which the plaintiff bases his claim, and evidence confirming the circumstances stated by the plaintiff;

Claimant's claim;

The value of the claim, if the claim is subject to evaluation;

List of documents attached to the application. The application is signed by the plaintiff or his representative, a power of attorney or other document certifying the authority of the representative is attached to it.

Attached to the claim are:

Its copies in accordance with the number of defendants and third parties;

A document confirming the payment of the state fee;

A power of attorney or other document certifying the authority of the plaintiff's representative;

Documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies;

Evidence confirming the implementation of the mandatory pre-trial procedure for resolving the dispute, if such a procedure is provided for by federal law or an agreement;

Calculation of the exacted or contested amount of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.

The judge, within five days from the date of receipt of the statement of claim by the court, is obliged to consider the issue of its acceptance for court proceedings. The judge issues a ruling on accepting the application for proceedings.

The statement of claim is submitted to the court with copies according to the number of defendants. Depending on the complexity of the case, the court may order the plaintiff to submit copies of the documents attached to the statement of claim.

In case of violation of these requirements, as well as requirements for the payment of state duty, the judge issues a ruling on leaving the statement of claim without movement, notifying the plaintiff about this and giving him a period to correct the shortcomings. If the plaintiff fulfills the instructions of the judge within the prescribed period, the statement of claim is considered filed on the day of its initial submission to the court. Otherwise, the application is considered not submitted and returned to the claimant.

The judge has the right to refuse to accept an application if:

The application is not subject to consideration in the courts;

The interested person who applied to the court did not comply with the procedure established by law for preliminary out-of-court resolution of cases of this category;

There is a court decision or court ruling that has entered into force, issued in a dispute between the same parties, on the same subject and on the same grounds, on accepting the plaintiff's refusal of the claim or on approving the settlement agreement of the parties;

In the proceedings of the court there is a case on a dispute between the same parties, on the same subject and on the same grounds;

The case is not within the jurisdiction of this court;

The application was submitted by an incompetent person;

The application on behalf of the interested person was submitted by a person who does not have the authority to conduct the case.

The list of grounds is exhaustive. The judge, refusing to accept the application, issues a reasoned ruling on this, returns it to the applicant with the documents submitted by him. These rulings may be appealed in cassation by filing a private complaint by the person who was denied acceptance of the application, or by bringing a private protest to the relevant prosecutor.

When accepting a statement of claim, the judge must check whether the given dispute is within the jurisdiction of the justice of the peace, whether the claim was filed by the proper person, establish substantive legal requirements, whether the person who filed the claim was in an employment relationship with the defendant, whether the deadlines for applying to the court for the defense of his rights under Art. 392 of the Labor Code of the Russian Federation.

When applying to the court, it is necessary to comply with the deadlines established by Art. 392 of the Labor Code of the Russian Federation, according to which the employee has the right to apply to the court within three months from the day when he learned or should have learned about the violation of his right in disputes about dismissal - within one month from the date of delivery of a copy of the dismissal order to him or from the date of issue of the work book. The employer has the right to apply to the court on disputes on compensation for damage caused by the employee to the organization within one year from the date of discovery of the damage caused. Employees applying to the court are exempted from paying duties and court costs (Article 393 of the Labor Code of the Russian Federation).

When skipping for good reasons, the deadlines established by Art. 392 of the Labor Code of the Russian Federation, they can be restored by a judge. The judge is not entitled to refuse to accept the statement of claim on the grounds of missing the deadline for filing a claim. If the reasons for missing the term are recognized as valid, the court may restore this term, which must be indicated in the decision. If the court, having examined the materials of the case, establishes that the deadline for appeal has been missed for an unexcused reason, it shall dismiss the claim.

After accepting an application for a labor dispute, the judge must properly prepare the case for trial. The Code of Civil Procedure of the Russian Federation forms the following tasks of preparing a case for trial:

Clarification of the circumstances that are important for the correct resolution of the case;

Determining the legal relationship of the parties and the law that should be followed. Considering labor disputes, the court is guided by the norms of both labor and civil procedural law; the judge must abide by the order Supreme Court RF on labor disputes;

Resolution of the issue of the composition of the persons participating in the case;

Determining the evidence each party must provide in support of its assertions.

When preparing a case for trial, the judge:

Explains to the parties their procedural rights and obligations;

Interrogates the plaintiff or his representative on the merits of the stated claims and proposes, if necessary, to submit additional evidence within a certain period;

Interrogates the defendant on the circumstances of the case, finds out what objections there are regarding the claim and what evidence these objections can be confirmed;

Resolves the issue of co-plaintiffs, co-defendants and third parties joining the case without independent claims regarding the subject of the dispute, and also resolves issues of replacing an improper defendant, joining and separating claims;

Takes measures for the parties to conclude a settlement agreement and explains to the parties their right to apply for dispute resolution to an arbitration court and the consequences of such actions;

Notifies the time and place of the trial of the case of citizens or organizations interested in its outcome;

Resolves the issue of calling witnesses;

Appoints an examination and an expert to conduct it, and also resolves the issue of involving a specialist, a translator in the process;

At the request of the parties, other persons participating in the case, their representatives, demand from organizations or citizens evidence that the parties or their representatives cannot obtain on their own;

In cases of urgency, conducts, with notice to the persons participating in the case, an on-the-spot inspection of written and material evidence;

Sends letters of request;

Takes measures to secure the claim;

Resolves the issue of holding a preliminary court session, its time and place;

Performs other necessary procedural actions.

The judge sends or hands over to the defendant copies of the application and the documents attached to it substantiating the claim of the plaintiff, and offers to present evidence in support of his objections within the time period set by him. The judge explains that the defendant's failure to present evidence and objections within the time limit set by the judge does not prevent the consideration of the case based on the evidence available in the case.

In case of systematic opposition of the party to the timely preparation of the case for trial, the judge may recover in favor of the other party compensation for the actual loss of time according to the rules established by Art. 99 Code of Civil Procedure of the Russian Federation.

When preparing the case for trial, it must be borne in mind that in accordance with Part 6 of Art. 152 Code of Civil Procedure of the Russian Federation objection of the defendant regarding the admission by the plaintiff without good reasons the term for applying to the court for resolving an individual labor dispute may be considered by the judge in a preliminary court session. Having recognized the reasons for missing the deadline as valid, the judge has the right to restore this deadline (part 3 of article 390, part 3 of article 392 of the Labor Code of the Russian Federation). Having established that the deadline for applying to the court was missed without good reason, the judge decides to dismiss the claim precisely on this basis without examining other factual circumstances in the case.

If the defendant made a statement about the plaintiff missing the deadline for going to court (parts 1, 2 of article 392 of the Labor Code of the Russian Federation) or the deadline for appealing the decision of the CCC (part 2 of article 390 of the Labor Code of the Russian Federation) after the appointment of the case for trial (art. 153 Code of Civil Procedure of the Russian Federation), it is considered by the judge during the trial.

The purpose of the preliminary court session is to consolidate the procedural actions of the parties committed in preparing the case for trial, to determine the circumstances that are important for the correct consideration and resolution of the case, to determine the sufficiency of evidence in the case, to investigate the facts of missing the deadlines for applying to the court and the limitation periods.

Consideration of the case on the merits begins with the report of the presiding judge.

In the report, the judge must briefly state: who, to whom and what requirements he stated, their grounds; if there are written objections of the defendant in the case, then their essence is reported; evidence in the case.

A well-written case report not only provides the necessary direction in the study of factual circumstances, but also helps those present in the courtroom to better understand everything that happens here.

Having finished the report of the case, the presiding judge asks whether the plaintiff supports his claims, whether the defendant recognizes the claims of the plaintiff and whether the parties wish to end the case by concluding a settlement agreement.

According to part 2 of Art. 39 of the Code of Civil Procedure of the Russian Federation, the judge does not accept the recognition of the claim by the defendant and does not approve the settlement agreement if these actions are contrary to the law or violate the rights and legally protected interests of other persons. If the judge does not accept the recognition of the claim by the defendant or does not approve the amicable agreement of the parties, the judge issues a reasoned ruling on this and continues consideration of the case on the merits.

If these administrative actions have not been committed, the judge proceeds to hearing explanations from the persons participating in the case. First, the judge hears the explanations of the plaintiff and the third person participating on his side, then the explanations of the defendant and the third person participating on his side, after that other persons participating in the case give explanations. Prosecutor, representatives of state bodies, bodies local government, organizations, citizens who applied to the court for the protection of the rights and interests of other persons, give explanations first.

Instead of parties and third parties, explanations in court may be given by their representatives. This does not deprive the parties and third parties of the right to give additional explanations, which they may refuse if they believe that the representatives have fully and correctly stated their position on the case.

In order to fully clarify the factual circumstances, the persons participating in the case are given the right to ask each other questions. Questions are asked with the permission of the presiding judge, who must ensure that their content relates to the merits of the case under consideration. Questions that are not relevant to the process should be rejected.

Written explanations of the persons participating in the case, as well as explanations received by the judge in the order of a court order or by providing evidence (Articles 62 and 64 of the Code of Civil Procedure of the Russian Federation), are announced. It is most often necessary to read out the written explanations of the persons participating in the case in cases where the person did not appear at the court session and the court issued a ruling on the consideration of the case in his absence.

After hearing and reading out the explanations of the persons participating in the case, the judge must establish the sequence for further examination of the evidence: the procedure for interrogating witnesses, experts and the examination of other evidence. The judge decides this issue after having previously heard the opinion of the persons participating in the case present in the courtroom.

Most often, the judge begins the examination of evidence by questioning witnesses. Each witness is interrogated separately in the absence of other witnesses who have not yet been interrogated. The interrogated witness remains in the courtroom until the end of the trial, unless the court allows him to leave earlier.

The presiding judge, having established the identity of the witness, explains to him the obligation to tell the court only the truth and warns of criminal liability for refusing to testify and for giving knowingly false testimony. After that, a signature is taken from the witness stating that his duties and responsibilities have been explained to him.

The presiding judge, having revealed the attitude of the witness to the persons participating in the case, invites him to tell everything that he personally knows about the case. The witness sets out his testimony in the form of a free story about the circumstances known to him. The witness may then be asked questions. The first to ask questions is the person on whose application the witness was summoned and his representative, then other persons participating in the case and their representatives. The witness called on the initiative of the judge is the first to be asked questions by the plaintiff. Judges may question the witness at any time. The witness may be interrogated a second time by the judge (Article 177 of the Code of Civil Procedure of the Russian Federation).

There are special rules governing the questioning of a minor witness. According to Art. 179 Code of Civil Procedure of the Russian Federation during the interrogation of witnesses under the age of 14 years, and at the discretion of the judge - and during the interrogation of witnesses aged 14 to 16 years, a teacher is called. If necessary, their parents, adoptive parents, guardians or trustees are called. These persons may, with the permission of the presiding judge, put questions to the witness.

When testifying, a witness may use written materials in cases where the testimony is associated with any digital or other data that is difficult to keep in memory. These materials are presented to the judge and the persons participating in the case, and may be attached to the case by court order.

Testimony of witnesses collected in the manner of a court order (Article 62 of the Code of Civil Procedure of the Russian Federation), in the manner of securing evidence (Article 64 of the Code of Civil Procedure of the Russian Federation) or in the manner prescribed by Part 1 of Art. 70, Art. 170 Code of Civil Procedure of the Russian Federation, are announced at the hearing.

Written evidence is also examined by means of an announcement. According to Art. 181 Code of Civil Procedure of the Russian Federation written evidence or protocols of their inspection, drawn up in the manner prescribed by Art. 62, 64, paragraph 9, part 1, art. 150 Code of Civil Procedure of the Russian Federation, are announced at the hearing. Having read out the written evidence, the presiding judge must present them to the persons participating in the case, representatives, and, if necessary, to experts, specialists and witnesses. After that, the persons participating in the case may give explanations regarding the content and form of the said evidence.

Written and physical evidence that is impossible or difficult to deliver to the court shall be examined and examined at their location or in another place determined by the court. The court shall issue a ruling on the performance of an on-site inspection.

In the case of a statement that the evidence available in the case is false, the judge may appoint an expert examination to verify this statement or invite the parties to submit other evidence.

Having established that the submitted evidence does not sufficiently confirm the claims of the plaintiff or the objections of the defendant, or does not contain other necessary data that the parties cannot fill in, the judge has the right to suggest that they submit additional evidence, and in cases where the presentation of such evidence is difficult for the named persons, at their request, requests from citizens or organizations, written and material evidence (part 3 of article 50, part 8 of article 142 of the Code of Civil Procedure of the Russian Federation).

According to the current Code of Civil Procedure of the Russian Federation, if necessary, a judge may involve specialists to obtain advice, explanations and provide direct technical assistance (photography, drawing up plans and diagrams, sampling for examination, property valuation). The need for this may arise when examining written or material evidence, listening to sound recordings, watching video recordings, when appointing an expert examination, interrogating witnesses, taking measures to secure evidence, etc.

A person summoned as a specialist is obliged to appear in court, answer the questions posed by the judge, give oral or written advice and explanations, and, if necessary, provide technical assistance to the court.

The specialist gives advice to the judge orally or in writing, based on professional knowledge and type of activity, without carrying out special studies appointed by court order.

After examining all the evidence, the presiding judge gives the floor for an opinion on the case to the prosecutor, representative of the state body and local government participating in the process in accordance with Part 3 of Art. 45 and Art. 47 Code of Civil Procedure of the Russian Federation.

Then the judge hears the arguments of the parties.

If the judge, during or after the judicial debate, finds it necessary to clarify new circumstances relevant to the case, or examine new evidence, he shall issue a ruling on resuming the consideration of the case on the merits. After the end of the consideration of the case on the merits, judicial debates take place in the general manner.

After the debate, the presiding judge announces that the court retires to the deliberation room to make a decision.

The decision is made in the manner prescribed by law. This procedure not only guarantees the independence of judges in issuing a ruling, but also serves as an indispensable condition for issuing a lawful and reasoned decision.

Ensuring the activities of the employer requires the establishment of labor discipline, the obligatory subordination of employees to local regulations.

Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with federal laws, collective agreement, agreements, local regulations, labor contract.

Rules of the internal work schedule- a local normative act regulating, in accordance with federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, the working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations in this employer.

Employee incentives and disciplinary sanctions are used to maintain labor discipline. In labor law, such types of incentives are used as announcing gratitude, bonuses, awarding valuable gifts, certificates of honor, promotion to the title of the best in the profession. The employer may also apply such types of incentives that are not listed in labor legislation.

For committing a disciplinary offense, i.e. non-fulfillment or improper fulfillment by the employee through his fault of the tasks assigned to him job duties, the employer has the right to apply such disciplinary sanctions as a remark, reprimand, dismissal. For some categories of employees, such types of disciplinary sanctions are provided as a warning about incomplete official compliance (for example, for state civil servants, employees of internal affairs bodies), a severe reprimand (for example, for employees of internal affairs bodies, the Prosecutor's Office, the Investigative Committee) and some others. The application of disciplinary sanctions that are not provided for by law (for example, fines, compulsory works), not allowed.

Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up. A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time the employee was ill, on vacation, as well as the time required to take into account the opinion of the representative body of employees and no later than six months from the day the misconduct was committed, and based on the results of the audit, inspection financial and economic activities or audit - no later than two years from the date of its commission. For each disciplinary offense, only one disciplinary sanction may be applied.

The parties to an employment contract are responsible for their conduct. And if only the employee can be held liable for a disciplinary offense, then both parties to the labor relationship bear material responsibility.

Material liability party to an employment contract is liable for damage caused by it to the other party to this contract as a result of its guilty unlawful behavior (action or inaction), unless otherwise provided by federal laws.

The employer bears financial responsibility in cases of deprivation of the opportunity to work, damage to the property of the employee, delay in wages and other payments, causing moral harm to the employee.

The liability of an employee is limited. The employee is obliged to compensate the employer for the direct actual damage caused to him. Unreceived income (lost profit) is not subject to recovery from the employee. In addition, the employee is liable for material damage caused to the employer, only in the amount of his average earnings. However, there are cases of full liability of the employee. These include, for example, cases of intentional damage; infliction of damage in a state of intoxication, as a result of criminal actions of an employee, administrative offense; disclosure of information constituting a legally protected secret; causing damage not in the performance of work duties by the employee. The financial responsibility of the head of the organization is always full. Full liability may be individual or collective.

Labor law establishes mandatory order bringing to liability. Prior to making a decision on compensation for damage by specific employees, the employer is obliged to conduct an audit to determine the amount of damage caused and the reasons for its occurrence, to demand a written explanation from the employee to establish the cause of the damage. In case of refusal or evasion of the employee from providing the specified explanation, an appropriate act is drawn up. Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly earnings, is carried out by order of the employer. The order may be made no later than one month from the date of the final determination of the amount of damage caused. If the monthly period has expired or the employee does not agree to voluntarily compensate for the damage caused, and the amount of damage to be recovered from the employee exceeds his average monthly earnings, then recovery can only be carried out by the court. The labor dispute body may, taking into account the degree and form of fault, financial situation employee and other circumstances to reduce the amount of damage to be recovered from the employee.

To really ensure the rights and legitimate interests of the parties to an employment relationship, special guarantees and measures to protect them are necessary. The parties to an employment relationship have the ability to protect their rights. Particular emphasis in labor law is placed on protecting the rights of workers. There are such ways to protect the rights of workers as self-defense, protection of the rights of workers by trade unions, human rights organizations, the media, public authorities, including courts, holding public events, appealing to international bodies.

For the purpose of self-protection of labor rights, an employee, having notified the employer or his immediate supervisor or other representative of the employer in writing, may refuse to perform work not provided for by the employment contract, as well as refuse to perform work that directly threatens his life and health, except in cases prescribed by law.

Protection of workers' rights is carried out by trade unions. Interregional and also territorial association(association) of organizations of trade unions operating in the territory of a constituent entity of the Russian Federation may create legal and technical labor inspectorates of trade unions. The opinion of the trade union should be taken into account by the employer when adopting local regulations, dismissing employees who are members of the trade union. But at the same time, the employer is not obliged to agree with the opinion of the trade union.

Protection of the rights of workers is carried out by the prosecutor's office, the state labor inspectorate and other bodies (for example, sanitary and epidemiological, energy supervision bodies).

Within the framework of labor relations, various labor disputes may arise. In order to protect the rights and legitimate interests of the parties to an employment relationship, there should be a mechanism for resolving such disputes. Allocate individual and collective labor disputes.

Individual labor disputes are considered by labor dispute commissions, created from an equal number of representatives of employees and the employer, and by courts. The decision of the commission on labor disputes may be appealed by the employee or employer to the court within ten days. Some categories of individual labor disputes are considered only by the courts. These are, for example, labor disputes based on statements: of an employee - about reinstatement at work, about transfer to another job, about illegal actions (inaction) of the employer in the processing and protection of the employee's personal data; employer - on compensation by the employee for damage caused to the employer; about refusal to hire; persons working under an employment contract with employers - individuals, which are not individual entrepreneurs, and workers of religious organizations.

Collective labor disputes, unlike individual ones, are not considered by the courts. The resolution of such disputes is carried out by conciliation commissions, consisting of an equal number of representatives of employees and employers, with the participation of mediators, as well as in labor arbitration, created by the parties to the labor dispute together with government agency on the settlement of collective labor disputes.

If the conciliation procedures did not lead to the resolution of the collective labor dispute, or the employer (his representatives) does not comply with the agreements reached by the parties to such a dispute in the course of its resolution, or does not comply with the decision of the labor arbitration, then the employees or their representatives have the right to start organizing a strike. Strikes in some organizations and certain categories of workers are prohibited.

A labor dispute is an unresolved disagreement that has arisen between an employee and an employer or an appropriate body, regardless of the form of ownership of the company or enterprise, as well as the forms of the employment contract.

Labor disputes may arise regarding the use of legislation on labor activity and organization of conditions for the activities of employees and workers in a particular area.

As a rule, labor disputes arise as a consequence of labor offenses in a certain field of activity, which serve as a direct cause for contestation.

Labor offenses include non-fulfillment or improper fulfillment by the subject of the duties assigned to him in this area of labor or distribution.

However, if the subject acted without violating the laws, and another person accuses him of illegal actions, then a dispute may also arise, despite the absence of any offenses. These issues are dealt with by the jurisdictional body, which establishes the terms of the labor dispute and the reasons for its occurrence.

Sometimes labor disputes occur when the subject of labor law seeks help from a representative of the jurisdictional body with the intention of challenging a refusal regarding the improvement of existing or the introduction of new socio-economic labor conditions.

A labor dispute is a demand for the exercise of a right that is provided for in the Labor Code, collective or other forms of agreements on labor obligations or changes in conditions.

Resolution of labor disputes occurs in the following order, consisting of several successive stages of the conciliation procedure:

The Conciliation Commission considers the causes of the dispute.
A labor dispute is considered in the presence of a mediator.
Labor arbitration makes a decision.

The first step is always a conciliation commission, after which the dispute is considered with the participation of a mediator and, if no consensus is reached, the case goes to labor arbitration.

If both parties could not reach an agreement on the type of conciliation procedure that can be used immediately after the end of the conciliation commission, then they must definitely create a labor arbitration.

None of the parties has the right not to take part in the conciliation procedure. It is carried out within the time limits established by law. However, the period may be extended if both subjects agree. Such terms are called procedural.

In order to resolve a labor collective or individual dispute that has arisen, representatives of the parties, members of the representative commission, all mediators, as well as the Service for the Settlement of Labor Disputes and Labor Disputes are allowed to use all legal methods.

The choice of the appropriate jurisdictional body is affected by the nature of the dispute and the reasons for it.

Conditions

The conditions for the emergence of a labor dispute are specific circumstances and conditions that indirectly or directly affect labor relations, causing unresolved disagreements between the employee and the employer.

They serve as a specific pretext in a specific labor dispute. This may be ignorance of the norms of the Labor Code or neglect of the rights of the worker. Often, labor disputes flare up as a result of a combination of various social, economic and legal reasons.

Economic conditions are, as a rule, temporary financial difficulties in the enterprise, which prevents the timely allocation of salaries in full, the allocation of appropriate benefits and provision necessary conditions work.

Subsequently, there are serious social consequences, combined with which, economic difficulties turn into protracted collective labor disputes, there is a sharp reduction in the workforce, the liquidation of the enterprise and large-scale unemployment. Dismissed workers have the legal right to file a lawsuit.

For example, a rather sharp gap in the profit levels of high- and low-paid employees is called conditions of a social nature.

The conditions of a legal nature are the lack of accessibility, inconsistency, and also the complexity of the norms of the Labor Code, both for the employer and for the employees themselves. The reason for this circumstance is usually insufficient knowledge of labor duties and rights, methods of their protection.

Classification

Labor disputes are classified on various grounds:

Kinds

There are two types of labor disputes: individual and collective.

According to labor legislation, a labor dispute is individual in the event that unresolved disagreements arise between two subjects regarding the application of the Labor Code, as well as other regulatory legal acts that contain norms of workers' rights, collective agreements and agreements.

TO this species disputes between the employer and a person who was previously in labor relations with him.

In addition, it may also arise between the head of the enterprise and the person who wants to sign an employment contract if the employer refuses to do so.

- this is the occurrence of disagreements between a group of employees or their representatives and the head of the enterprise. The reason is to make adjustments to the working conditions, for example, the desire for higher wages, as well as better conditions for concluding collective agreements and agreements.

Grounds and reasons

The causes of a labor dispute are legal facts that are directly related to the appearance of disagreements between employers and their employees.

Depending on this, several varieties of reasons are distinguished:

Labor relations.
Employment relationships.
Legal relations to control the conditions and labor protection.
Legal relations for advanced training in the organization.
Legal relations concerning the compensation of material compensation.
Legal relations regarding compensation for harm caused to the health of an employee at the enterprise.
The legal relationship of the trade union regarding issues of labor and culture.
Legal relations of the team of employees with management.
Disputes regarding the social partnership agreement.

It is necessary to know the norms of labor legislation well in order to protect your rights in the event of a labor dispute.

If, as a result of improper performance of labor duties by one of the parties to the employment contract, damage is caused to the other party, liability arises. The employer is obliged to compensate the employee for earnings that he did not receive in all cases of illegal deprivation of the employee of the opportunity to work, for example, if: the employee is illegally suspended from work, dismissed or transferred to another job; the employer refused to execute or untimely executed the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee to previous work; the employer delayed the issuance of a work book to the employee, entered into the work book an incorrect or inconsistent wording of the reason for the dismissal of the employee, and in other cases provided for by federal laws and the collective agreement.

Liability in labor law

The general is to impose on the employee disciplinary sanctions provided for. Labor Code of Ukraine and internal labor regulations. Certain categories of employees are subject to special disciplinary responsibility under disciplinary charters and regulations on discipline.

For violation labor discipline only one of two types of punishment can be applied to an employee - reprimand or dismissal. Legislation, charters and regulations on discipline may provide for certain categories of employees other disciplinary sanctions. This applies to prosecutors and investigators, judges, railway transport, communications, mining enterprises too. Disciplinary sanctions are applied by the body that has been granted the right to hire (election, approval and appointment) of an employee.

Labor legislation provides for two types of material liability of employees: limited and full. The main type of material liability of an employee is limited material liability. It consists in the obligation of the employee, through whose fault the damage was caused, to compensate the employer for direct damages, but not more than his average monthly earnings.
Direct actual damage is understood as the loss, deterioration or decrease in the value of property, the need for the enterprise to incur expenses for restoration, acquisition of property or other valuables, or spend extra, i.e. caused as a result of a violation by the employee of labor duties, cash payments. Unreceived income is not eligible for reimbursement. Full liability without limitation by any border for the harm caused by the employee is provided for in Article 134. Labor Code.

Topic 5.3. labor law liability

Direct actual damage is understood as a real decrease in the employer's cash property or deterioration of the said property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs or excessive payments for the acquisition or restoration of property. The employee is liable both for direct actual damage directly caused by him to the employer, and for damage incurred by the employer as a result of compensation for damage to other persons. Topics for projects, abstracts and discussions 1. Strikes - "for" and "against".
2. Wages and labor discipline.

The concept and types of liability under labor law

If after 2 working days the specified explanation is not provided by the employee, then an appropriate act is drawn up. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. A disciplinary sanction is applied no later than 1 month from the date of discovery of the misconduct.

Attention

A disciplinary sanction cannot be applied later than 6 months from the date of the misconduct, and based on the results of an audit, audit of financial and economic activities or an audit, later than 2 years from the date of its commission. For each disciplinary offense, only one disciplinary sanction may be applied. The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within 3 working days from the date of its issuance, not counting the time the employee is absent from work.

Consequently, the basis of disciplinary liability is always a disciplinary offense committed by a particular employee. In accordance with Art. 189 of the Labor Code of the PMR, a disciplinary offense is a failure to perform or improper performance by an employee due to his fault of the labor duties assigned to him. If an employee commits a disciplinary offense, the employer has the right to apply the following disciplinary sanctions: 1) remarks; 2) reprimand; 3) dismissals on relevant grounds; 4) transfer to a lower paid job for up to 3 months or shift to a lower position for the same period.
Laws, charters and regulations on discipline for certain categories of employees may provide for other types of disciplinary sanctions. Before applying a disciplinary sanction, the employer must request a written explanation from the employee.
With limited material liability, the maximum amount of compensation for the damage caused is limited to the established limits of the wages of the employee who caused the damage. The main type of limited material liability is liability in the amount of actual damage, but not more than the average monthly salary of an employee. It occurs in all cases of damage caused by an employee, unless higher limits are established by law.
With full financial responsibility, the damage caused is recovered in full without any restrictions beyond the limits of wages. It occurs in cases established by law (art.

§ 7. legal liability in labor law

Info

What are labor disputes? What are the reasons for their occurrence? 2. What is a labor dispute committee, how is it formed and how does it work? 3. How does the conciliation commission work? 4. What is a strike? 5.

When are strikes not allowed? 6. What is labor discipline? 7. What incentives are provided for exemplary performance of labor duties? 8. What is disciplinary responsibility? 9. What is the liability of the employer? We examine the documents of the Labor Code Russian Federation(Extracts) Article 232.

Obligation of a party to an employment contract to compensate for damage caused by it to the other party to this contract A party to an employment contract (employer or employee) that caused damage to the other party compensates for this damage in accordance with this Code and other federal laws.

Labor law liability

Disciplinary responsibility of employees. One of the duties of employees is the proper performance of labor duties, internal labor regulations, which is included in the concept of labor discipline. If an employee violates labor discipline through his fault and commits a disciplinary offense, he is subject to disciplinary liability. Disciplinary liability of employees is one of the types of legal liability that is imposed for misconduct. Disciplinary responsibility is the obligation of the employee to endure adverse consequences, provided for by the norms of labor law, for guilty, unlawful failure to perform or improper performance of their labor duties. Employees who have committed a disciplinary offense may be subject to disciplinary liability.

Responsibility under labor law presentation

Since, unlike recreation and entertainment, work requires very significant volitional, mental, physical efforts from the person employed by it, it is far from always and not everyone succeeds in being at their best in the process of labor activity. accepted norms behavior. This determines the importance of maintaining at a certain, required level labor discipline. Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with Labor Code RF, other laws, collective agreement, local regulations of the organization. The content of labor discipline includes requirements for employees to work honestly, conscientiously, timely and accurately follow the orders of the employer, comply with safety regulations, labor protection requirements, take care of material values, etc.

Responsibility under labor law in brief

Important

These include: 1. The conclusion between the employee and the owner of a written agreement on full liability (clause 1 of article 134) 2. Receipt of property and other valuables by the employee against a report on a one-time power of attorney or other one-time documents (clause 2 of article 134) 3 Damage caused by the actions of an employee that have signs of acts prosecuted in a criminal order (clause

C in 134) 4. Damage caused by an employee who was in a state of intoxication (clause 4 of article 134) 5. Damage caused by shortage, deliberate destruction or deliberate damage to materials, semi-finished products, products (products), including during their manufacture , as well as tools, measuring instruments, special clothing and other items issued to the employee for use by the enterprise, institution, organization (clause 5 of article 13434). 6.

Responsibility under labor law abstract

The party to the employment contract (employee or employer) that caused damage to the other party compensates for this damage in accordance with the Labor Code of the PMR and other laws. An employment contract or written agreements attached to it may specify the liability of the parties to this contract. At the same time, the contractual liability of the employer to the employee cannot be lower, and the employee to the employer - higher than provided for by the Labor Code of the PMR or other laws.

Termination of an employment contract after causing damage does not entail the release of the party to this contract from material liability provided for by the Labor Code of the PMR or other laws. Liability of the employer to the employee: 1) the employer is obliged to compensate the employee for the earnings not received by him in all cases of unlawful deprivation of his opportunity to work.