What issues are decided by the labor dispute commission?
Both the employer and employees are required to follow the provisions of the Labor Code. However, very often the provisions of the law are violated. If there are small claims, there is no point in going to court. This is a rather inefficient solution. It makes sense to resolve the issue right on the spot. For this purpose, labor dispute commissions are formed.
What is a labor dispute commission?
The first most popular and simplest method of resolving labor disputes is negotiations with the employer. The second is an appeal to the labor dispute commission. This is a special structure that serves to resolve conflicts within the company. Allows you to resolve conflicts without turning to third parties. The commission includes both sides of the conflict.
This structure can be formed at the initiative of both employees and employers. The decisions of the commissions must comply with regulations. No one has the right to put pressure on members of the structure.
Creation labor commission accompanied by the formation of a special provision.
It includes the procedure for creating a body, the number of participants, the procedure for making collegial decisions, and deadlines.
Tasks and advantages of the commission
The commission is created to resolve issues related to these aspects:
- Salaries and other payments.
- Violations of the employment agreement.
- Illegal imposition of disciplinary sanctions.
- Travel and overtime payments.
The commission is authorized to resolve only labor disputes of an individual nature. Forming this structure has these advantages:
- Increasing employee confidence. Employees know that if problems arise they can ask for help, and therefore the employer can count on loyalty. Commissions help prevent recourse to the court and prosecutor's office.
- Solving problems right on the spot. Going to court or labor inspection involves spending large quantity time and money, loss of reputation. Therefore, it is convenient to solve problems within the enterprise itself. This speeds up the process and reduces costs.
- Simplification of documentation collection. If problems arise, the commission itself requests everything necessary documents at the manager's. If the commission's decision does not satisfy the employees, they can go to court. Employees will not have to collect documents, since the commission has done this for them.
Labor dispute commissions are a civilized and legal way to resolve all local problems that arise.
Competencies of commission representatives
The Commission accepts complaints and claims from former and current employees regarding the following aspects:
- Salaries and other payments.
- Compliance with the provisions of the employment agreement.
- Fines, various penalties (reprimands, dismissals).
- Other issues that could not be resolved during direct negotiations with the employer.
The Commission does not have the authority to resolve issues related to these aspects:
- Reinstatement of employees.
- Reinstatement of an employee after dismissal.
- Accrual of compensation for absenteeism if there are good reasons.
- Payment of the difference in salary upon demotion.
- Causing harm to an employee through the fault of the enterprise.
NOTE! In all these cases you need to go to court. Only he has the right to make legally valid decisions. The competences of the commission are specified in Article 385 of the Labor Code of the Russian Federation. In particular, these are exclusively individual labor disputes.
The procedure for forming a commission on labor disputes
The creation of a commission can be initiated by both employees and employers. The structure should include an equal number of employee and manager representatives. Exact number Commission members are not established by law.
How does this happen? The employer receives a written proposal to create a commission. Within 10 days, the employer and employee representative body send their representatives to the commission (Part 1 of Article 384 of the Labor Code of the Russian Federation).
ATTENTION! The body in question is formed by mutual decision of the manager and employees.
Representatives of the employer and employees must approve the Commission Regulations. It is on its basis that the structure will operate. An order is issued to form a commission. This is an administrative document through which the head establishes all important provisions relating to the formation of the body.
The employer, on the basis of Part 2 of Article 384 of the Labor Code of the Russian Federation, must establish a list of its representatives who will participate in the work of the commission. It is the manager who must provide organizational and technical support for the work of the structure on the basis of Part 4 of Article 384 of the Labor Code of the Russian Federation.
After the main stages of forming the commission, its participants elect a chairman, his deputy and the secretary of the commission. Representatives of these positions are elected from members of the structure. Grounds: Part 5 of Article 384 of the Labor Code of the Russian Federation.
The regulations do not say anything about the timing of the functioning of the body, so the commission can be formed either to decide specific issue, and for permanent activities. The composition of the structure participants may change. For example, if you need to decide financial issue, an accountant is included in the composition.
Features of the commission's activities
Here are the stages of an employee's appeal to the labor dispute commission:
- Submitting an application by an employee. You must contact the authority within 90 days from the date the offense occurred. The appeal must be made in writing. The document is drawn up in the name of the chairman of the commission. The appeal can be drawn up in free form. The main thing is to state the essence of the claim and demand. If there is additional documents, confirming the employee’s position, it is recommended to attach them to the application.
- Conducting a meeting. A meeting will be organized no later than 10 days after receiving the application. The protocol is handed over to the employee who sent the application. The employee may not participate in the meeting, but this must be specified in the application. The commission may not consider the appeal if the employee does not appear at the meeting without prior notice.
- Collection of the required package of documents. The commission has the right to request these papers from the employer: an order to impose a penalty, a work time sheet, various accounting reports, explanatory reports and reports. Documents are required if the information provided is insufficient to resolve the issue.
- Voting of commission members. The issue is put to a vote after studying all documents and materials and hearings with representatives of the parties to the conflict. After this, a secret vote is organized. At least 50% of representatives of both the employer and the employee must participate in it.
- Delivering a verdict. The commission's decision is made on the basis of a majority vote. The decision indicates this information: the essence of the problem, the arguments of the parties, legal justification, summary. Copies of the document are transferred to both the employee and the employer within 3 days.
All requirements must be fulfilled within three days. It will be calculated after 10 days after the decision is made. 10 days is the time to appeal the decision. If the requirements have not been met, the employee may turn to the bailiffs. Based on the certificates issued by the commission, enforcement proceedings are initiated.
Whenever conflict situations At the enterprise, employees may feel helpless. In order for each employee in the context of a labor dispute, be it a simple employee or a manager, to have his rights in protecting his own interests, a CCC is created. What is a labor dispute commission and what are its powers?
Concept
If an organization has a staff of more than 15 people, then in most cases a commission is created. The CTS is formed at a general meeting of the employees and is approved by voting. After the creation of the commission, employees of the organization have the opportunity to protect their rights and defend their interests.
In order to resolve the issue of creating a body, the desire of the team or leadership is necessary. If such a fact is not recorded, then the commission may not be created. The presence of such a body is not mandatory.
The CCC is an important resource in resolving controversial issues related to labor activity team. Members of the commission are vested with the authority to make decisions regarding such situations, which must be implemented immediately and cannot be contested.
Since the members of the commission must treat situations unbiasedly and objectively, they must be elected both from the workforce and from the management of the enterprise. Individual labor disputes in the CCC are designed to resolve disagreements that arise between management and ordinary employees.
Education
It was already said earlier who could be the initiator of the creation of the CTS. We also found out what a labor dispute commission is. Now let's look at how it is formed.
The head and representative body of the working collective, after receiving a proposal to create a commission, must send representatives to the CCC within ten days.
The commission can be created not only in the organization itself, but also in its divisions. They are formed and act on the same grounds. KTS has its own stamp. All organizational and technical nuances must be provided by the management of the organization. The labor dispute commission must elect a chairman, his deputy and a secretary.
Authority
The commission has broad powers, and its activities cannot be controlled by other structures. She can study the issues that employees come up with. But the powers of the body cannot extend beyond the territory of the company. The CCC does not have the right to resolve those contradictions that arose when the employer applied legislative norms, assigned for execution by federal or regional authorities, as well as those having a local purpose.
In addition to the fact that the commission forms stable and effective relationships in the work team, which are based on the competence of implementation enforcement proceedings, she can resolve controversial issues with employees who have already left. But this is only if the management committed certain violations during dismissal.
The commission is also authorized to help those citizens who were not hired by this organization without specifying motivated reasons.
Competence
Thanks to its competence, the CCC (we found out what a labor dispute commission is) can resolve the following issues:
- Collection of wages and other additional payments.
- Compliance with the terms of the employment contract.
- Payment of overtime and travel allowances.
- Imposition of penalties and imputation financial liability.
- Other issues that were not resolved through negotiations between the parties.
There are also issues the resolution of which does not fall within the competence of the commission:
- Reinstatement of an employee.
- Reinstatement of an employee after dismissal.
- Payment of compensation for forced absence or discrepancies in wages if an employee has been demoted.
However, in all of these cases, the employee must apply to the commission as a pre-trial resolution of the conflict. And depending on what decision the CCC makes, further actions will be determined.
Deadlines
Employees of an organization can contact the Labor Dispute Committee (what a labor dispute commission is and what its powers are discussed earlier) within 90 days from the moment the conflict arises. This period provides for spontaneous resolution of the situation. If this does not happen, then the issue falls within the competence of the commission.
But there are some nuances. If a citizen wants to ask a question illegal dismissal, for which the commission does not have the authority to resolve the problem, then this must be done as quickly as possible so that the court does not raise the issue of delaying the pre-trial settlement of the situation.
The CTS must consider an application for labor disputes within ten days. After this, the authority must either accept the case for proceedings or issue motivated refusal indicating the reason. You can apply this document to the court, so it will confirm the desire to resolve the issue out of court.
When an application is accepted, a month is given for its consideration. The decision can be appealed within ten days.
Work system
All work of the commission must take place at meetings. The chairman, his deputy and the secretary must be present.
The work system of the labor dispute commission consists of three main stages:
- Submission of an application to the CCC and its consideration.
- Preparation and conduct of the process of consideration of a controversial situation.
- Making decisions and monitoring their implementation.
The established decision of the commission:
- not subject to dispute or discussion;
- is of a operative nature;
- must be executed immediately;
- it can only be contested in the courts.
12. The procedure for the formation and competence of the commission on labor disputes.
Labor Dispute Commission - this is an optional body for the consideration of individual labor disputes, created jointly by the employer and the workforce: according to part one of Article 384 of the Labor Code of the Russian Federation, labor dispute commissions are formed at the initiative of workers (a representative body of workers) and (or) the employer from equal number representatives of employees and employers. Article 384. Education commissions By labor disputes
Commissions on labor disputes are formed at the initiative of employees (representative body of employees) and (or) employer (organization, individual entrepreneur) from an equal number of representatives of employees and the employer. The employer and the representative body of employees who have received a proposal in writing to create a labor dispute commission are obliged to send their representatives to the commission within ten days.
Representatives of the employer to the labor dispute commission are appointed by the head of the organization, the employer - an individual entrepreneur. Employee representatives to the labor dispute commission are elected by the general meeting (conference) of workers or delegated by the representative body of workers with subsequent approval at the general meeting (conference) of workers.
By decision of the general meeting of employees, labor dispute commissions can be formed in the structural divisions of the organization. These commissions are formed and operate on the same basis as the commissions on labor disputes of the organization. The labor dispute commissions of structural divisions of organizations can consider individual labor disputes within the powers of these divisions.
The Labor Dispute Commission has its own seal. Organizational and technical support for the activities of the labor dispute commission is carried out by the employer.
( In accordance with Article 171 of this Code, members of the labor dispute commission are given time off from work to participate in the work of the said commission while maintaining their average earnings).
The Labor Dispute Commission elects a chairman, deputy chairman and secretary of the commission from among its members.
Article 385. Competence of the labor dispute commission
The Labor Dispute Commission is a body for the consideration of individual labor disputes, with the exception of disputes for which this Code and other federal laws establish a different procedure for their consideration.
An individual labor dispute is considered by a labor dispute commission if the employee, independently or with the participation of his representative, does not resolve disagreements during direct negotiations with the employer.
13. The procedure for employees to apply to the labor dispute commission (LCC)
Article 386. Time limit for applying to the labor dispute commission
An employee may appeal to the labor dispute commission within three months from the day he learned or should have learned about a violation of his rights.
In case of missing good reasons within the established period, the labor dispute commission can restore it and resolve the dispute on the merits.
The employee has the right to apply to the CCC within three months from the day he learned or should have learned about a violation of his right.
An employee’s appeal to the CTS must be in writing in the form of an application. The application must indicate:
Name of the CCC (For example, “To the Labor Dispute Commission of ZAO Rostovgazoapparat”);
Last name, first name, patronymic of the applicant, position (profession) at the place of main work, exact postal address of the applicant’s place of residence;
The essence of the controversial issue and the applicant’s demands;
Circumstances and evidence relied upon by the applicant;
List of documents attached to the application;
Personal signature of the applicant and date of application.
The application must be drawn up correctly, without erasures, in such a form that you can read and understand what is written.
The application is drawn up in any form and in two copies. The first copy is handed over to the CCC, the second copy remains with the applicant with a note indicating that his application has been registered with the CCC.
Any application, even if the deadline for its submission has been expired by the applicant, must be accepted by the CCC. If you miss submitting an application to the CCC for valid reasons (illness, business trip, etc.), the established deadline can be restored by the CCC and resolve the dispute on the merits. At the same time, the CCC considers the question of whether the reasons for missing the deadline are valid, in the presence of the applicant himself.
If the reasons are recognized as valid, the statute of limitations is restored. Otherwise, the applicant is denied consideration of the application.
All employee applications received by the CCC are subject to mandatory registration in the Application Registration Book, in which the following must be entered:
Last names, first names, patronymics of the applicant;
Subject (essence) of the dispute;
Date of receipt of the application;
The applicant's signature confirming acceptance of his application.
In accordance with Part 1 of Art. 384 of the Labor Code of the Russian Federation CCCs are formed at the initiative of employees and (or) the employer. Thus, to create a CTS in an organization, the will of employees represented by the authorized bodies or an authorized representative of the employer is sufficient. The decision of employees on the need to create a CTS is formalized either by the minutes of the general meeting of the organization’s employees, or by a decision of the trade union body representing the interests of the majority of the organization’s employees. On behalf of the employer, a person exercising the right to hire and fire employees can make a demand for the creation of a CTS. The decision of the organization’s employees on the need to create a CCC is mandatory for the employer’s representatives, who must appoint their representatives to the CCC. In turn, the decision of the authorized representative of the employer to create a CCC obliges employees to nominate their representatives to the CCC in accordance with the procedure established by law.
From Part 1 of Art. 384 of the Labor Code of the Russian Federation it follows that the CCC is formed from an equal number of representatives of employees and the employer. Representatives of employees in the CTS 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. Thus, the representation of workers in the CTS is confirmed by the decision of the general meeting of the organization’s workers or the trade union body of the organization’s workers. The powers of employees in the CTS, who are appointed by a decision of the organization’s trade union body, are valid until the first meeting (conference) of the organization’s employees after such delegation. The powers of the CTS members delegated by the trade union committee of the organization can be confirmed at the general meeting (conference) of the organization’s employees. However, a meeting (conference) of the organization’s employees may elect other representatives to the CCC. In this case, the powers of the members of the CCC, delegated by the trade union committee of the organization, end from the moment of election of new representatives of workers in the CCC by the general meeting (conference) of the organization’s employees. Consequently, the decision of the trade union body to delegate employee representatives to the CTS cannot contradict the decision of the general meeting (conference) of the organization’s employees.
The legislation does not stipulate that the CTS may include from employees persons who are members of labor relations with the employer. In this connection, employees can elect persons who do not have an employment relationship with the employer, for example, employees of a higher trade union body, to the membership of the union.
Representatives of the employer are appointed to the CCC on the basis of Part 2 of Art. 384 of the Labor Code of the Russian Federation by the head of the organization. From which it follows that the powers of the employer’s representatives in the CTS can be confirmed exclusively by an order (instruction) or another document, in particular a power of attorney issued by the person acting as the head of the organization.
The legislation does not define the period for which members of the CCC are elected, delegated or appointed. For this reason, employees represented by authorized representatives, a person acting as the head of an organization, can change their representatives in the CTS without any time limit. It is unlikely that the presence of such powers will contribute to the efficiency of the CCC. Therefore, it is advisable to establish in legislation the period for which members of the CCC are vested with powers.
The CCC includes an equal number of employee and employer representatives. However, the legislation does not establish their number. Therefore, the employer and employees independently determine the size of the CTS. In the event that a CCC is created at the initiative of the employer, who by his order (instruction) allocated a certain number of employees to its composition, the employees have the obligation to allocate the same number of representatives to the CCC. And vice versa, the creation of a CCC by decision of the authorized body of the organization’s employees, which vested a certain number of representatives with the powers of a CCC member, entails the obligation of the employer to allocate the same number of members to the CCC. When considering employee applications, the CCC must also have an equal number of representatives of the employer and employees present.
By decision of the general meeting of employees of the organization, labor dispute commissions (LCC) can be formed in the structural divisions of the organization. Such commissions should also consist of an equal number of employee and employer representatives. Employer representatives in the CTS structural unit may be appointed by order of the head of the organization or on his instructions by the head of the structural unit in which the CTS is created. Representatives of employees to the CTS of a structural unit are elected by the general meeting of employees of this unit. Before holding a general meeting of employees of a structural unit, employee representatives may be delegated to the CTS operating there by a decision of the representative body of the organization’s employees or the trade union committee of the structural unit. The powers of these representatives can be confirmed at a general meeting of employees of the structural unit. But at the same time, the general meeting may not confirm their powers and elect other employee representatives to the CTS. Moreover, the legislation does not prescribe the election to the CCC as employee representatives only of employees of this division or those who have an employment relationship with the employer. Therefore, not only employees of the corresponding structural unit, but also other employees of the organization, as well as persons who are not in an employment relationship with the employer, can become members of the CTS from employees.
The legislation does not define the term of office of persons appointed, delegated or elected to the CCC. However, employee representatives can enter into an agreement with the employer’s representative on the term of office of persons included in the CCC. This agreement can act as an annex to the collective agreement; its change is possible only by the will of the parties. However, such an agreement should not limit the rights of the general meeting (conference) of employees to elect members of the CCC. In this connection, employee representatives can be appointed for the period specified therein only by a decision of the general meeting (conference) of employees of the organization or structural unit. The term of office of a member of the CCC by agreement between the employer and authorized representatives of employees can be established, for example, at five years. It may also provide for cases of early termination of powers of a member of the CCC, in particular, in connection with the refusal of an employee, his dismissal from work and other cases. Termination of the powers of a member of the CCC in violation of such an agreement should be recognized as a violation, which does not allow the recognition of the powers of newly appointed, delegated and elected members of the CCC to replace persons whose powers were terminated illegally.
The CTS of a structural unit should also include an equal number of representatives of the employer and employees. Therefore, the presence of a decision of the general meeting of employees of a structural unit to elect a certain number of persons to the CCC entails the obligation for the authorized representative of the employer to appoint the same number of members to the CCC.
The CCC of the organization and structural unit elects the chairman and secretary of the commission from among its members. The member of the CCC for whom the majority of persons included in this commission voted should be considered elected. The legislation does not stipulate that the chairman and secretary of the CCC must be representatives of the employer and employees. However, the CCC is formed on the principle of parity, guaranteeing equal representation of employer and employee representatives in its work. Therefore, compliance with this principle requires the election of the chairman and secretary of the CCC from representatives of its constituent parties. The election of an employer representative as chairman of the CCC should entail the election of an employee representative as the secretary of this commission. Conversely, the election of an employee representative as chairman should entail the election of an employer representative as the secretary of the CCC.
The legislation is not defined and minimum quantity members of the CCC of the organization and structural unit. In this connection, the quantitative composition of the CCC is determined at the initiative of one of the parties by allocating the same number of CCC members by the other party. At the same time, representatives of the employer and employees can enter into an agreement on the number of members of the CCC of the organization and structural unit. When two representatives of the employer and two representatives of employees are elected to the CCC, its meeting will be competent if a representative of the employer and a representative of the employees are present, that is, two members of the CCC; when three representatives of the employer and three representatives of employees are elected to the CCC, its meeting will be competent with the participation it contains two employer representatives and two employee representatives, that is, at least half of the members representing employees and the employer in the CCC.
The organization's CCC can consider individual labor disputes within its competence of employees who are in labor relations with the organization, including employees of structural divisions in which their own CCC has been created. Therefore, the presence of a CTS in a structural unit cannot serve as an obstacle to an employee of this unit filing an application with the organization’s CTS. In accordance with Part 3 of Art. 384 of the Labor Code of the Russian Federation in the CCC of structural divisions, individual labor disputes can be considered within the powers of these divisions. The decision of the CCC of a structural unit is mandatory for the heads of this unit; it cannot be made as binding for the heads of the organization. Therefore, the decision of the CTS of a structural unit should be made only on issues that can be resolved by the head of this structural unit. Making a decision by the CCC of a structural unit on issues that are not within its competence officials of this structural unit does not allow the decision of the CCC to be made mandatory. The presence of a decision by the CCC of a structural unit does not deprive the employee of the right to submit a similar application to the CCC of the organization. When considering such applications, the documents of the structural unit's technical committee, in particular the decision, minutes of the meeting, must be used as evidence.
In accordance with Part 4 of Art. 384 of the Labor Code of the Russian Federation, the CCC of the organization must have its own seal. The CTS of a structural unit may not have its own seal. In this case, its decisions are certified by the seal of the organization’s technical committee or the seal available in the structural unit. In this case, it is necessary to issue an order from the head of the structural unit to certify the decision of the CCC with the seal of the structural unit. Organizational and technical support for the activities of the labor dispute commission is carried out by the employer. This rule also applies to the technical equipment of structural divisions. In this connection, members of the CCC have the right to demand from authorized representatives of the employer to ensure the activities of the CCC, in particular, the production of a seal, the provision of premises for meetings, the allocation of paper and other supplies necessary for the activities of the commission. Failure to fulfill this obligation is a violation of labor legislation, for which the authorized representatives of the employer may be subject to penalties established by law. In addition, the chairman of the CCC and its secretary may file a claim with the employer to provide the CCC with the necessary funds and premises.
POSITION
on the commission for labor disputes at the enterprise
1. GENERAL PROVISIONS
1.1. This Regulation is introduced in accordance with the Labor Code.
1.2. The Labor Dispute Commission (hereinafter referred to as the “CLC”) is a body for the consideration of individual labor disputes arising at the enterprise.
1.3. According to Labor Code Russian Federation, individual labor dispute - unresolved disagreements between an employer and an employee on the application of laws and other regulatory legal acts containing labor law norms, collective agreement, agreements, employment contracts (including on the establishment or change of individual working conditions), which are stated in the CCC.
1.4. An individual labor dispute is a dispute between an employer and a person who previously had an employment relationship with this employer, as well as a person who has expressed a desire to enter into employment contract with the employer if the employer refuses to conclude such an agreement.
1.5. An individual labor dispute is considered by the CCC if the employee, independently or with the participation of his representative, does not resolve disagreements during direct negotiations with the employer.
1.6. An employee can apply to the CCC within three months from the day he learned or should have learned about a violation of his rights.
1.7. If the established deadline is missed for valid reasons, the commission may restore it and resolve the dispute on the merits.
1.8. The decision to refuse to consider an employee’s application in case of missing the established deadline for applying to the CTS is made by the commission after considering the reasons for missing this deadline.
2. FORMATION OF THE COMMISSION ON LABOR DISPUTES
2.1. The CCC is formed from an equal number of representatives of employees and the employer. Employee representatives in the CCC are elected by the general meeting (conference) of employees.
2.2. Representatives of the employer are appointed to the commission by the head of the enterprise.
2.3. The CCC elects from among its members the chairman of the commission, the deputy chairman and the secretary of the commission.
2.4. KTS has its own seal.
2.5. Organizational and technical support for the activities of the CTS is provided by the employer. For organizational and technical support of the activities of the CCC (paperwork, storage of files, issuance of copies of decisions and extracts from the minutes of the CCC meeting), a permanent employee is appointed by the decision of the head of the enterprise.
2.6. Members of the commission may be expelled from it in case of failure to perform or improper performance of their duties. The decision to exclude a member of the CCC from its composition is made by a majority vote based on the results of an open vote.
2.7. In the event of the exclusion of one or more members from the CCC, the composition of the commission is replenished in the manner established for the formation of the commission.
3. PROCEDURE FOR CONSIDERATION OF AN INDIVIDUAL LABOR DISPUTE IN THE CCC
3.1. All applications from employees received by the CCC are registered in the Register of Applications to the Labor Dispute Commission, which indicates the date of receipt of the application for a labor dispute, full name, place of work and position of the employee, what the dispute is about and the deadline for making a decision by the CCC this dispute.
3.2. The Labor Dispute Commission considers an individual labor dispute within ten calendar days from the date the employee submits the application.
3.3. The dispute is considered in the presence of the employee or his authorized representative. The rights of the employee’s representative are confirmed by a written statement from the employee who authorized him.
3.4. Consideration of a dispute in the absence of the employee or his representative is allowed only upon his written application.
3.5. If the employee or his representative fails to appear at the CCC meeting, the consideration of the labor dispute is postponed. In the event of a second failure of the employee or his representative to appear without a valid reason, the commission may decide to withdraw the issue from consideration, which does not deprive the employee of the right to submit an application for consideration of the labor dispute again within the period established by these Regulations.
3.6. The CCC has the right to call witnesses to the meeting and invite specialists. At the request of the commission, the management of the enterprise involved in the issue under consideration is obliged to submit the necessary documents within the prescribed period.
3.7. A meeting of the CCC is considered valid if at least half of the members representing employees and at least half of the members representing the employer are present.
3.8. At the meeting of the CCC, minutes are kept, which are signed by the chairman of the commission or his deputy and certified by the seal of the commission.
4. PROCEDURE FOR MAKING A CCC DECISION AND ITS CONTENT
4.1. The labor dispute commission makes a decision by secret ballot by a simple majority of votes of the commission members present at the meeting.
4.2. The decision of the CCC specifies:
- the name of the enterprise or the last name, first name, patronymic of the employer - an individual entrepreneur, and in the case when an individual labor dispute is considered by the labor dispute commission of a structural unit of the enterprise - the name of the structural unit, last name, first name, patronymic, position, profession or specialty of the person applying to the commission employee;
- date of application to the CCC and date of consideration of the dispute, the substance of the dispute;
- last names, first names, patronymics of commission members and other persons present at the meeting;
- the essence of the decision and its justification (with reference to the law, other regulatory legal act);
- voting results.
4.3. Copies of the decision of the labor dispute commission, signed by the chairman of the commission or his deputy and certified by the seal of the commission, are handed over to the employee and employer or their representatives within three days from the date of the decision.
5. EXECUTION OF CCC DECISIONS. APPEALING THE CCC DECISION
5.1. The decision of the CCC is subject to execution within three days after the expiration of the ten days provided for appeal.
5.2. In case of failure to comply with the decision of the Labor Dispute Committee within the prescribed period, the labor dispute commission issues the employee a certificate, which is an executive document. The certificate is not issued if the employee or employer applied within the prescribed period to transfer the labor dispute to the court.
5.3. Based on the certificate issued by the labor dispute commission and presented no later than three months from the date of its receipt, the bailiff enforces the decision of the Labor Dispute Commission.
5.4. If an employee misses the established three-month period for valid reasons, the labor dispute commission that issued the certificate may restore this period.
5.5. If an individual labor dispute is not considered by the labor dispute commission within ten days, the employee has the right to transfer its consideration to the court.
5.6. The decision of the CCC can be appealed by the employee or employer to the court within ten days from the date of delivery of a copy of the commission’s decision.
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