In any enterprise and organization there isa manager who is an employer, and employees. Labor relations are established between them in accordance with labor legislation and other legal regulatory acts. There may be any disagreements between them regarding changes in working conditions, wage cuts, labor or collective bargaining agreements, any advantages, the scope of duties and rights established in the contract and acts. If they cannot be resolved, they go to a committee to resolve these differences.
Individual labor disputes areincompatibility of the views and opinions of the employee and the employer on the application of a new subjective, non-contractual, law. This may be the right to a higher wage, in relation to the amount of duties performed, or the right to benefits or benefits claimed by the employee.
Individual labor disputes are recognized.a disagreement between the head of the job provider and the person who was with him in the employment contract, and even the person who expressed willingness to enter into this relationship (if the employer refuses to enter into it.
Индивидуальные трудовые споры рассматриваются как in court and in the labor dispute committee, depending on jurisdiction. This means that one of these two groups is not authorized to consider a dispute or, after the decision of the CTS, the review must be brought to court. But in any case, the case should be considered by the competent authority. In addition, any employee or employee has the right to file a complaint with higher authorities or the court about the behavior and actions of the head of the company, as well as the prosecutor's office and the federal labor inspectorate.
The rights of workers are protected by the Constitution of the Russian Federation, therefore, subject to the violation of labor contractual rights, he always has the full right to professional legal assistance.
Individual labor disputes and the procedure for their resolution are reflected in the Labor Code of the Russian Federation and in the Civil Procedure Law of the Russian Federation.
Labor disputes, in addition to individual andcollective, there are claims and non-discovery. The former include disputes regarding the application of labor contracts and regulations, and the latter include differing opinions on the establishment of new, unwritten in contracts, working conditions unspecified in regulations.
The procedure and time for consideration of a labor disputedetermined by his character. If the penalty according to the discipline of the KTS can be recognized as illegal, then the dispute about dismissal for permanent violation of discipline at work is resolved only in court. But there is also the primary stage of conflict resolution - the mutual agreement of the parties.
And only if in this case the differences are notare eliminated, the question for consideration passes to the CCC, and then to the courts. The composition of the labor dispute committee, its size and duration are elected by the assembly of the labor collective. In order to restore their rights in an enterprise, an employee who has learned about their violation must apply to the CCC no later than three months.
All individual labor disputes, their features and decision-making on them takes place in accordance with the Constitution of the Russian Federation, the Civil and Labor Code of the Russian Federation.
