What is a labor dispute commission? The procedure for creating a commission on labor disputes
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 labor collective: in accordance with the first part of Article 384 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 an equal number of representatives of workers and the employer. 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 workers, labor dispute commissions may be formed in structural divisions organizations. 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.
If the established deadline is missed for valid reasons, the labor dispute commission may 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 when 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.
Labor activity cannot be completely deprived conflict situations, which arise both between employees within structural divisions and between an employee and an employer.
The cause of the conflict and whether the employee belongs to one category or another is not important. The main thing is legal literacy in considering the resulting conflict. And here a labor dispute commission is required, the purpose of which is to consider such issues.
Education according to legislative acts
In accordance with the Labor Code of the Russian Federation, any labor conflict at an enterprise must be considered by a labor dispute commission. In order for such a body to fulfill its direct functions, it must be created. The education process itself takes place in accordance with the established procedure established by the Labor Code of the Russian Federation.
The reason for the creation or convening of a body can be either a statement from the employer or the employee, that is, to initiate the formation labor commission Maybe each side of the dispute.
You should also know that the commission can be created to resolve one dispute, but can continue to function with the same composition for further consideration of conflict situations. Current law the validity period of the structure is not defined.
The main principle of creation: Representatives from the employer and the worker must be in equal proportions. In turn, representatives on behalf of the employer are directly appointed by the head of the enterprise (if the dispute takes place in an individual enterprise, the appointment is made by an individual).
The selection of representatives from the work collective can only be carried out on an elective basis during a collegial convocation of workers, for example, at labor conferences. You can also delegate representatives, who will then be approved or rejected at a collective meeting.
You should know that the employer himself and a representative from the workforce must receive written documents about the need to convene such a body and respond within 10 days of receipt by sending their representatives to the commission.
All members must be informed that they are members not only verbally, but also in writing.
A body of such importance can be created not only at the level of the company itself, but also at the level of its structural divisions. Creation procedure similar.
The council for resolving conflict situations of such importance must have its own structure, which is why by voting it is necessary to appoint a chairman of the body, his deputy, as well as a secretary. Also, such an organization has its own seal.
Speaking about education, it is necessary to mention that if an enterprise, represented by a manager, refuses to create such a commission or does not obey its decision, without endowing it with the powers that it should have, legal action may be applied to it. administrative responsibility.
It must be remembered that the employer’s consent to the formation of a competent body for disputes is strictly required.
When all employees provide their consent to participate, an order from the manager must be generated. Without it, the creation will not be legitimate. The document is printed on a special letterhead – corporate form. In its absence - on a simple white sheet.
The order must indicate:
- name of the organization;
- creation date;
- city;
- the reason for the creation of the commission, for example, on the initiative of the trade union, due to the appeal of Ivanov I.I. etc.;
- members of the commission defining the structure: who will be the chairman, secretary, etc.
The order must be signed general director enterprises. A copy or scan of it must be brought to the attention of all employees.
Competence, composition, powers
Composition of the commission:
- Representatives of the employer, who are delegated on the basis of an order from management.
- Representatives of the labor collective representing the interests of the employee with whom the dispute has arisen.
The structure of the labor dispute commission consists of the following:
- chairman;
- Deputy Chairman;
- secretary.
It is believed that minimum quantity members of such a meeting cannot be less than 15 people.
The most important function is consideration of individual disputes that arise within the same organization. The powers do not “extend” beyond the boundaries of the enterprise.
A notable feature of the rights is that the commission is an independent unit; it is not subordinate to management. You should also know that disputes can be resolved through the involvement of these representatives, both between management and current employees, and those employees who no longer work in this institution.
Individuals who applied for any open vacancy and were not accepted due to objective reasons may also apply to the authority upon application. There is no reason not to accept the complaint.
Competence and powers regarding the consideration of disputes may concern the following questions:
- Correctness, correctness, rationality of payroll calculation.
- Application of disciplinary measures to the employee, including recovery from wages.
- Working conditions, their proper provision.
- Hiring and dismissal from position, demotion staffing table etc.
- Any others problematic issues that were not resolved as a result of agreement between the subjects.
But within the competence this advice such people cannot enter subject areas, How:
- reinstatement after demotion;
- reinstatement at work in any position after dismissal;
- any kind of compensation payments related to dismissal;
- withholding funds based on absenteeism.
All of the listed subject areas are already within the competence of the court and should be considered exclusively in judicial procedure, according to which a legitimate verdict will be made: to reinstate him or not.
Competence and powers are also defined by the Labor Code of the Russian Federation, Article 385.
The main question that worries most: At whose request can such a competent body be created? According to current legislation, such an initiative can come from both the employee and the employer.
In this case, the desire to create can be submitted by a representative of the employee, that is, a trade union organization. In addition, the initiative can simultaneously come from both parties - by agreement.
In addition, the right to convene is also granted to former employees who still have controversial issues, as well as job applicants.
Another thing is that it is not always possible to create such a body at the request of the employees themselves, who even have any compelling claims against their employers.
People believe that there is no point in creating such a body, since the outcome of the case is predetermined anyway. Someone does not come up with such an initiative only because they do not want to spoil relationships in the team, fearing that, despite the resolution of the controversial situation, the employee’s career at this enterprise will be predetermined.
Application deadlines
According to current legislation, each employee can apply to such a commission within a strictly established period - within 3 months after the violation itself occurred. The application period can only be extended due to valid reasons that will be documented, for example, due to illness.
At the same time, the application period for the employer is set for a year.
Based on the results of the consideration of the case, the commission must make a decision appropriate decision – official document, which will be the legal basis for further actions.
It should be noted that each decision must be correctly drawn up, including in terms of information content. According to the current legal act, the decision must necessarily reflect following:
- Full name legal entity, where such a dispute is considered.
- Full name, position held, qualifications, specialty, etc. the employee who is one of the participants in the controversial conflict.
- Date of acceptance of the submitted application for consideration.
- The date when this dispute was considered by the CCC.
- The essence of the conflict, that is, the subject of the dispute.
- A list of all persons who were present at the hearing of the case.
- The solution itself. The description must be complete with a presentation of the legal essence decision taken, its correspondence legislative acts(they should be indicated).
- Voting and its results.
This mandatory content parts of the CCC Decision, without which the document may be declared illegal and it can be appealed to a higher authority - in court.
The document must be signed by the chairman of the commission and stamped.
Acceptance
By the way, copies of the decisions within 3 days upon acceptance, must be delivered to both the employer and the employee. Each party involved must become familiar with it.
Procedure for consideration
The case is being heard only in the presence the employee himself or his authorized body. A meeting of the CCC can be held in the absence of the applicant only if he has given his written permission to do so.
If a party does not appear at the meeting, then the CCC is postponed to another date. If the employee also did not appear for the second consideration of the case and did not provide supporting documents confirming a valid reason for absence, then the issue may be dropped.
At the same time, according to the law no one limits the person who failed to appear resubmit the application.
You can invite witnesses, consultants, labor law specialists, etc. to the CCC, that is, all those who can objectively help resolve the conflict legally.
Based on the results of the meetings, a protocol must be kept, which must be signed by the chairman and secretary of the CCC.
Appeal
After the decision of the CCC has been made, all participants in the process have 10 days to appeal this result. If the appeal is not received within the allotted period, then three-day period After 10 days for appeal have expired, a decision must be made.
Transfer
As mentioned earlier, the meeting may be postponed due to the initial failure of the applicant, that is, the employee. In the event of a second failure to appear, such a meeting will not be rescheduled.
Sample application
The main document that an employee must submit to create and convene a CCC is statement. Of course, there is no strictly established form for such a document, but you must adhere to generally accepted scheme.
In the document must be specified:
- who is applying;
- applicant's contact details
- to whom or what organization is being applied for;
- the reason for filing such an application, the essence of the conflict: what the subject wants to receive, the date of filing the application, signature.
The application may be accompanied by applications– documents that explain or clarify the essence of the dispute that has arisen.
The application is accepted, registered and stamped with the incoming document. Then the procedure for creating a CTS should begin.
Thus, if any labor dispute arises, it is necessary to apply for the creation of an appropriate commission. This is a way not only to resolve the conflict that has arisen, but to consider it with different sides, proving that he was right. Considering cases in this way is not always harmful, as many people think, but can, on the contrary, bring the employer and his employees closer together.
The operating principles of this commission are discussed in the video.
A labor dispute commission is formed at the initiative of workers or the employer. This commission is designed to resolve disagreements on issues of labor legislation between the manager and employees of the organization. The Labor Dispute Commission (LCC) allows you to effectively and efficiently short terms protect the interests of employees. Let's look at how labor dispute commissions are formed and what the features of the CCC meeting are.
The CCC is designed to resolve contradictions that arise during the implementation by the management of the organization legislative norms concerning labor activity. The commission considers complaints from current and dismissed employees, as well as those who were not hired without proper grounds. The Labor Dispute Commission is designed to resolve the following disputes related to:
- With remuneration of the organization’s employees;
- With conditions employment contract and its execution;
- With payment of travel allowances or overtime;
- With fines or penalties;
- Other issues not resolved together with the employer.
The CCC does not have the right to consider the following issues:
- Reinstatement of an employee;
- Causing harm to an employee through the fault of the organization;
- Salary difference in case of demotion.
An employee may appeal to the commission within three months from the day he learned or should have learned about a violation of his rights. If the established deadline is missed for valid reasons, the commission may restore it and resolve the dispute on the merits.
The competences of the CCC are determined by Article 385 of the Labor Code of the Russian Federation. The commission's jurisdiction includes only individual labor disputes between an employee and an employer or a team with the management of an organization.
Labor dispute commissions are initiated:
- Employees;
- Employer;
- A body that protects the interests of workers (trade union);
- By agreement of the parties.
Interesting information
According to statistics, labor dispute commissions are contacted to resolve the following situations: 61% - to recover wages, benefits and other mandatory social payments; 1% – reinstatement at work;
12% – other individual labor disputes; 26% – appealing against actions and decisions of authorities and officials violating the social and labor rights of workers.
The parties determine an equal number of representatives. To do this, a written proposal to create a CTS is sent to employees and the head of the organization. Within 10 days, the parties select and send their representatives. The labor dispute commission includes representatives of each party to the conflict.
Delegates from the company administration are appointed by the manager. Members of the working group are elected at a general meeting of the organization's employees. Additionally, the body for protecting the interests of employees has the right to delegate a team, which will be approved at a general conference of employees.
The CCC can also be convened by:
- Former employees of the organization;
- Employed citizens.
A lawyer talks about the work of a labor dispute commission and its advantages
Features of the CCC meeting
The procedure for considering a labor dispute is regulated by Article 387 of the Labor Code of the Russian Federation. To recognize a commission meeting as legal, it is necessary:
- Keeping minutes of the meeting;
- The presence of declared members on the part of the employee and the employer;
- The employer's representative or deputy must sign the minutes of the meeting.
The CCC meeting has a number of features:
- The duties of secretary and representative are performed by representatives of each party;
- If it turns out that the case is outside the competence of the CCC, the commission has the right to refuse to consider the case only after the end of the meeting;
- The CCC does not have the right to change a decision that has entered into legal force;
- When the meeting is open, each employee has the right to speak;
- The dispute is resolved within 10 days;
- The final decision of the commission is executed within three days after the ten-day period for appeal.
The commission makes the final decision by secret vote of the members of the CCC. Copies of the commission's decision are provided to employees and the employer within 3 days after the decision is made.
The table presents the basic principles for resolving labor disputes
| Principle | Description |
|---|---|
| Democracy in the consideration of labor disputes | Participation of workers in resolving labor disputes through their representatives (trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions, as well as other representatives elected by workers) (Article 29 of the Labor Code of the Russian Federation) |
| Equality of arms before the law | Based on generally accepted principles and norms international law and in accordance with the Constitution of the Russian Federation (Article 2 of the Labor Code of the Russian Federation) |
| Guaranteed state protection of participants labor relations | The right of all citizens to judicial protection is provided for in Art. 37 of the Constitution of the Russian Federation, which is legally guaranteed by Article 46 of the Constitution of the Russian Federation |
| Free and accessible access for workers to the jurisdictional body for labor disputes | Workers are exempt from paying duties and legal expenses according to the requirements arising from labor relations (Article 393 of the Labor Code of the Russian Federation) and Ch. 25 Tax Code RF |
| Publicity, objectivity and completeness of research, legality. | Consideration of labor disputes by authorized bodies is carried out openly, publicly, where any party has the right to declare a reasoned challenge to any of its members at the beginning of the meeting. Disputes must be resolved in accordance with the law, the study of materials on the case must be carried out objectively and completely, it is possible to attract experts and witnesses, as well as request additional evidence |
| Speedy resolution of labor disputes | The legislation establishes shorter procedural and terms of claim for resolving labor disputes. Procedural deadlines are the periods of time established by law for procedural actions in the initiated process: the period for consideration in court, the period for issuing copies, decisions and appeals. The claim or statute of limitations is the period of time established by law for appealing to the jurisdictional body to protect the violated labor law |
| Ensuring real restoration of violated rights | Execution of the decisions of the jurisdictional body that considered the labor dispute is ensured by compulsion with the employer being brought to legal liability (administrative, criminal and civil) |
In accordance with that legislative framework, on which the relationship between employee and employer is based on the territory of our country, the commission on so-called labor disputes is rightfully a place to go with problems, the so-called social protection citizens from unscrupulous employers. That is, by commission.
If we talk about the time frame for which this undoubtedly important and necessary body is created, then it, as such, is not specified in the law. Also, there is no information about the period in the most important legal act in terms of labor relations - the Labor Code of our country.
Thus, once created, a labor dispute commission meets both to consider a one-time case, that is, a single case, and for multiple violations of employers against employees.
If you ask about on what basis does this commission function?, then the answer will consist of several parts. Firstly, this is, of course, the Constitution Russian Federation, because every citizen has the right to work. Secondly, this is, of course, the labor code. Thirdly, this is a special Regulation on the basis of which the commission carries out its activities.
Who can request the creation of a commission? It is a mistake to believe that this right belongs only to employees. Very often, employers become victims of unscrupulous workers and want justice. Therefore, the initiators of the creation of a CCC can be either side.
As a rule, in order for the commission to be collected, it is necessary to perform some action that pushes it to this. Thus, the employer or employee must formalize the application, always in writing and preferably, according to the established template.
Where can I get clarification on how to write this appeal? To begin with, you can ask at your workplace and if you do not receive sufficient explanations, you can resort to the help of the Labor Code, namely, Article 384.
Pitfalls
Firstly, this is the reluctance of workers to create a commission. This can be explained in different ways. Workers do not see the point in creating a commission, because the decision is obvious, or they do not initially see unlawful implications in the actions of this or that person.
Secondly, this is a reluctance to spoil the relationship with someone at work.
It must be said that if employees refuse to gather in a group and form a commission, there is nothing terrible about it. No one can be attracted to criminal liability and what’s more, he was fined.
If the employer himself does not intend to create a commission at the enterprise or refuses to vest it with powers, then administrative responsibility is imposed for this. That is why the employer’s consent to the creation of a labor dispute commission is simply mandatory.
Each of the employees who will be part of the commission must be notified about this not only orally, but also in writing. Thus, specially provided written invitations are sent to each of these persons.
How is it formed?
The commission is formed in several stages. First, there must be a condition or basis for the emergence of such a commission. This could be an offense committed by one of the employees or the employer, and so on.
The next stage is the formation of a commission.
A labor dispute commission is being formed from workers primarily engaged in social activities. Candidates are sent special offers, to which employees can respond either positively or with refusal. Further, employees must once again confirm their consent. But the next one, the most important stage is drawing up an order.
Order on the creation of a commission
The order to create a labor dispute commission is, first of all, an official document. It is on the basis of this that a labor dispute commission is formed, which can consider more than one case within its framework. Every employer should know how to correctly draw up such an order. Everything must be drawn up correctly, and the order is not the only one.
So, the order is created on a special form, and in its absence - on sheet A4. Further, the form must necessarily indicate the following data: the date the order was created, the city and, of course, the name of the organization.
Then I definitely give the floor, after which the employer approves the creation of a labor dispute commission. Then appoints employee representatives certain persons, information about which is also listed in the document.
Next, the chairman of the commission and his secretary are appointed. Also, the order must indicate the time of the meetings, and also that this will not affect their wages. The order must be signed by the head of the organization or its general director, indicating his initials.
Only after this the order is considered to come into force. All employees must be notified of the order and must also be familiar with it. That is why a copy of the order is passed either from department to department, or is hung on a special stand in the public part of the organization.
More information about the composition
As we already know, labor dispute commissions are formed only on the initiative of workers. From among the employees on the commission, a chairman, his deputy and, in fact, a secretary are elected. These people are given the right to control and regulate work of the labor dispute commission. In some situations this may happen.
As a rule, it consists of at least fifteen people. It is not so easy to get into the seats of the main members of the commission. To do this, you need to go through a voting procedure and only based on its results can you take a place.
Thus, only those candidates who receive the required number of votes can fill these seats.
The chairman, his deputy and secretary are members of the leadership of the formed labor dispute commission.
Chairman
The chairman is practically the most important member of the labor dispute commission. Elected by majority vote.
The essence of his activity or work is that the chairman not only controls the work of the entire commission, he also has the right of the last word.
Thus, a decision in any dispute cannot be made without the approval of the chairman. As a rule, the chairman is a person disinterested in the outcome of the case. The chairman puts his signature on the decision on the dispute.
Deputy
The Deputy Chairman is also, of course, important person. In the absence of the chairman it is on his shoulders responsibility for accepting, any decisions. In the absence of the chairman, the deputy controls the work of the commission and is the final authority in decision-making.
If the chairman is present, the deputy for the most part serves as his adviser and advises on any issues.
Secretary
Despite a fairly simple position, the secretary of the commission has quite serious responsibilities that he must fulfill. That is why a responsible and trusted person is chosen for the position of secretary.
The secretary must not only print all documentation, but also record the progress of the process to resolve any dispute. This is why secretaries are an important figure in resolving labor disputes.
Employer representatives
Representatives of the employer on the commission are, of course, important people. Who are they appointed by?
It’s simple, representatives to the labor dispute commission on the part of the employer are appointed by the head of the organization itself.
Representatives are selected through a conference with an element of voting.
What are these people doing? In the event of a labor dispute with an employer, they defend his interests, arguing for one or another action. Often, representatives refuse their positions and do not bear any responsibility or penalties for this. Find out what are the stages of collective labor disputes.
Conclusion
And restores justice. But in addition, she performs another, small, but at the same time very important function. It brings people together, shows them that all problems can be solved and unites the team.
That is why, if a dispute arises, do not try to resolve it unilaterally. Sometimes a banal procedure for creating a labor dispute commission is enough and employees will definitely be able to see your unbiased attitude and wisdom of the manager.
The CCC is a meeting of representatives of a specific employer and employees, designed to resolve pre-trial labor disputes that arise in the organization.
In order for the commission’s decisions to be as fair as possible, its composition must include the same number of people representing the interests of the employer and employees (Article 384 of the Labor Code).
Large enterprises may have several commissions in different structural divisions. They have jurisdiction over disagreements between the employer and employees of a particular department.
Legal regulation of CTS activities
The body resolving labor disputes at the enterprise is created and operates on the basis of:
- Constitution;
- Labor Code;
- Local regulations about the CTS (regulations, orders, etc.).
How to initiate the creation of a CTS
The initiator of the creation of a commission on labor disputes at an enterprise can be either the employer or the employees.
On behalf of the employer, a person authorized to hire and fire employees in the organization can make a proposal to create a CTS.
Employees can express their will through the body representing their interests at the enterprise. It could be:
Some facts
The labor dispute commission is formed once and subsequently meets when a one-time or repeated violation of the employer in relation to employees is detected.
- Trade union committee (the requirement to create a trade union union is formalized by a decision of the trade union body);
- The general meeting of employees (to formalize its expression of will, issues the minutes of the meeting).
Regardless of who is the initiator of the creation of the CCC, its decision is binding on the other party. Both the employer and employees are required to delegate their representatives to resolve labor disputes within 10 days.
Stages of formation of the CTS
- The emergence of grounds for creating a commission. As follows from the previous chapter, this may be a written expression of the will of representatives of the employee or employer. As a rule, they appear after a violation of working conditions committed by the employer.
- The composition of the commission is being formed. Applicants are sent written proposals to the CCC, to which they respond with refusal or consent. The number of members of the CCC is determined by the parties independently, but the number of delegates from the employer and employees must be the same.
- Issuance of an order on the creation of a CTS. This official document must be executed in compliance with all office work standards. In terms of content, it should reflect:
- On whose initiative is the CTS being created?
- What individual labor disputes does the commission have the right to consider;
- The composition of the commission, indicating the chairman of the commission, his deputy and secretary.
- Familiarization of workers with the order. Best option– this is the signature of all employees on the familiarization form, which will be stored along with the order. But this rule is not mandatory; the order can simply be posted in a place accessible to everyone in the organization.
- Ensuring the activities of the CTS. All concerns about the logistics of the commission fall on the shoulders of the employer. He must provide it with a meeting room, paper and other stationery, and a seal to certify decisions.
As a rule, the labor dispute commission includes at least fifteen people. It is not so easy to get into the seats of the main members of the commission. To do this, you need to go through a voting procedure and only based on its results can you take a place. Thus, only those candidates who receive the required number of votes can fill these seats.
Competence of CTS
The period for filing a complaint with the labor dispute commission is 3 months (Article 386 of the Labor Code). An employee can contact the commission for:
- Invalidation of certain clauses of the employment contract;
- Solutions to issues with wages, bonuses, various additional payments;
- Resolving disagreements in the sphere of work and rest time;
- Challenging a disciplinary sanction;
- Solving vacation issues;
- Receiving benefits and benefits that, in the employee’s opinion, were illegally deprived of, etc.
The competence of the CCC does not include (Article 391 of the Labor Code):
- Making changes to labor standards, salaries, staffing;
- Assignment of tariff categories;
- Challenging dismissal;
- Questions of calculating length of service for receiving various benefits.
Watch a video about the tripartite commission for regulating social and labor relations
Procedure for consideration of disputes by the commission
- Receiving a statement from an employee about non-compliance with his labor rights. The appeal is registered in a special journal of the CTS.
- Consideration of the application. The meeting of the commission at which the application will be considered must take place no later than 10 days from the date of receipt of the application. At least half of its members must be present at the meeting. The applicant is present at the consideration of the appeal, witnesses and specialists may be invited and heard, and the necessary documents may be requested.
- Decision-making by secret ballot by a simple majority of votes of members present at the meeting. Copies of the decisions are issued to the applicant and the employer. The decision of the labor dispute commission is subject to execution by all parties to the conflict and can be appealed in court.
We are ready to answer any questions you may have - ask them in the comments
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