The procedure for executing decisions on collective labor disputes. The procedure for executing court decisions on labor disputes

Execution of decisions of the commission on labor disputes. The decision of the labor dispute commission in accordance with Art. 389

The Labor Code of the Russian Federation is subject to execution within three days after the expiration of the ten days provided for appeal.

In case of failure to comply with the commission’s decision 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. 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.

If an employee misses the established three-month deadline good reasons the labor dispute commission that issued the certificate may restore this period. Making decisions on labor disputes regarding dismissal and transfer to another job. If dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute. The body considering an individual labor dispute makes a decision to pay the employee the average salary for the entire period of forced absence or the difference in earnings for the entire period of performing lower-paid work.

At the request of the employee, the body considering an individual labor dispute may limit itself to making a decision to collect the above compensation in his favor, and also decide to change the wording of the grounds for dismissal to dismissal for at will.

If the wording of the reason for dismissal is recognized as incorrect or not in accordance with the law, the court considering an individual labor dispute is obliged to change it and indicate in the decision the reason and basis for dismissal in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law. If the reason for dismissal is incorrectly stated in work book prevented the employee from getting another job, then the court decides to pay the employee the average salary for the entire period of forced absence.

In cases of dismissal without legal grounds or in violation established order dismissal or illegal transfer to another job, the court may, at the request of the employee, make a decision to compensate the employee for monetary compensation for moral damage caused to him by these actions. The amount of this compensation is determined by the court.

If the body considering an individual labor dispute recognizes employee's monetary claims justified, then according to Art. 395 of the Labor Code of the Russian Federation they are satisfied in full.

Execution of decisions on reinstatement at work. The decision to reinstate an illegally dismissed employee or to reinstate an employee who was illegally transferred to another job to his previous job is subject to immediate execution. If the employer delays the execution of such a decision, the body that made the decision makes a determination to pay the employee the average salary or difference in earnings for the entire time of delay in execution of the decision.

Limitation of reverse collection of amounts, paid by decision of bodies considering individual labor disputes. In accordance with Art. 397 of the Labor Code of the Russian Federation, repayment from an employee of amounts paid to him in accordance with the decision of the body for consideration of an individual labor dispute, when the decision is canceled by way of supervision, is allowed only in cases where the canceled decision was based on false information provided by the employee or forged documents submitted by him.

Control questions And building

1. Define the concept of an individual labor dispute.

2. Name the bodies that consider individual labor disputes.

3. What is the procedure for considering a labor dispute?

4. Name the methods for resolving individual labor disputes.

5. What is a labor dispute commission and how is it created?

6. What are the competences of the labor dispute commission?

7. What are the deadlines for filing a complaint with the labor dispute commission?

8. What is the procedure for considering an individual labor dispute in a labor dispute commission.

9. In what order is the decision of the labor dispute commission made and what is its content.

10. What are the procedures and deadlines for appealing a decision of the labor dispute commission?

11. What individual labor disputes can be considered in court?

12. What are the deadlines for going to court to resolve an individual labor dispute?

13. What is the procedure for executing decisions of the labor dispute commission?

14. What decision can a court make in an individual labor dispute?

15. What is the procedure for executing a court decision on an individual labor dispute?

1. Gavrilina A.K. Labor disputes about reinstatement // Comment judicial practice. Issue 3 M., 1997.

2. Glyantsev V. The procedure for considering labor disputes //Soviet justice. 1993. No. 4.

3. GrosL. Judicial protection labor rights: the relationship between labor and civil contracts // Russian justice. 1996. No. 8.

4. Ershov V. Disputes related to additional grounds for termination employment contract(contract) //Russian justice. 1994. No. 1.

5. Ershov V. Consideration by the courts of disputes related to the termination of an employment agreement (contract) under clause 3 of Article 3 of the Labor Code of the Russian Federation // Russian Justice. 1995. No. 2.

6. Individual labor disputes (legislation and commentary). M., 1994.

7. Komoloe V. Peculiarities of using the CTS certificate as an executive document // Economy and Law. 2000. No. 1.

8. Korshunova T.Yu. Execution of decisions of the CCC // Law and Economics. 1996. No. 12.

9. Kurennoy A.M., Mironov V.I. Practical commentary on labor dispute legislation. M., 1997.

10. Mironov V.I. On some procedural difficulties of judicial practice in labor cases // State and Law. 1994. No. 11.

11. Some issues of judicial practice on civil cases Supreme Court RF // Bulletin of the Supreme Court of the Russian Federation. 1994. No. 7; 1996. No. 11.

12. Nikitinsky V.I. The procedure for resolving individual labor disputes: what should it be? //Legislation and economics. 1992. No. 11.

13. SidorenkoN. Combination of claims for reinstatement and compensation for moral damage // Economics and Law. 2000. No. 7.

14. Snigireva I.O., Korshunov Yu.N.

Therefore, can the employer’s absolutely legitimate requirement for the reinstated employee to undergo medical examination for health reasons, to perform socially oriented and meaningful professional activity? We know of a case where a higher school teacher, under various pretexts, for a month and a half after a court decision was made to reinstate him, refused to undergo a medical examination, without the conclusion of which he could not and should not have been allowed into the classroom with students. All this time the state educational institution regularly charged him “average” wages from the federal budget without any return.

Execution of decisions in labor cases

If the employer fails to comply with a court order to reinstate an incorrectly dismissed or transferred employee at work or in his previous position, the bailiff draws up a corresponding act, which is sent to the court that issued the court order to consider the issue of paying the employee the average earnings or the difference in earnings for the entire period since the day of the court ruling to the day of its execution. At the same time, the bailiff addresses the judge at the place of execution of the writ of execution with a submission to consider the issue of the responsibility of the perpetrators.
If the decision on reinstatement at work is not executed within the prescribed period, the court, on the basis of an act of the bailiff, may subject the debtor to - entity a fine of up to one thousand basic units.

§ 4. execution of decisions on individual labor disputes

If an employee misses the established three-month period for valid reasons, the labor dispute commission that issued the certificate may restore this period. Making decisions on labor disputes regarding dismissal and transfer to another job.
If dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute277. The body considering an individual labor dispute makes a decision to pay the employee the average salary for the entire period of forced absence or the difference in earnings for the entire period of performing lower-paid work.

Job

The execution of court decisions on labor disputes is regulated by the Federal Law “On Enforcement Proceedings” dated July 21, 1997, as amended. Federal Law dated January 10, 2003, and the decisions of the CCC - Art.
389

TK. The decision of the CCC comes into force immediately and does not require any approval. The entry into force of the decision immediately must be distinguished from the immediate execution of the decision.

Attention

Yes, Art. 396 of the Labor Code provides for the immediate execution of the decision of the labor dispute resolution body on the reinstatement of an illegally dismissed or transferred employee and on payment for forced absence. The remaining decisions of the CCC on labor disputes are subject to execution within three days after the expiration of 10 days for appealing them.

If the employer does not voluntarily comply with the decision of the labor dispute body within the specified 13-day period, it will be enforced.

V.s. Berdychevsky, dr. Akopov labor law

The only form of liability for delay in execution of a court decision is “payment to the employee for the entire time of delay in execution of the decision of average earnings or the difference in earnings.” Therefore, in our opinion, the question should be raised about what specific action of the employer should be regarded as the actual execution by him of the court decision to restore the employee to his previous position.

Info

It is well known that labor relations between an employer and an employee arise either at the time of concluding an employment agreement (contract), or at the time of the latter’s actual admission to the performance of his or her duties. labor responsibilities(professional function). In both the first and second cases, registration of employment in accordance with Art.

68 Labor Code of the Russian Federation is carried out in writing- “an order (instruction) of the employer issued on the basis of a concluded employment contract.”

Execution of a labor court decision

The decision is considered executed when its instructions are fulfilled: the plaintiff is reinstated at work, the wording of the reason for dismissal is changed, the awarded wages are paid, the illegally imposed disciplinary action etc. In order to protect the labor rights of citizens, the law provides for a number of special rules for the execution of decisions on labor disputes, including reinstatement at work, and the collection of monetary amounts. wages.

A decision on a labor dispute made by both the CCC and the court can be executed voluntarily. The decision of the CCC is binding and is not subject to approval by the employer or trade union, and must be unconditionally executed by the employer.
The decision of the CCC (except for the decision on reinstatement at work) is subject to execution by the employer no later than three days after the expiration of ten days provided for its appeal.

Immediate execution of a labor court decision

The issued certificate indicates not only the date of the CCC decision, but also mandatory the date of issue of the certificate, since from this date the period for presenting the certificate to the court for enforcement begins to run. The certificate issued to the employee is presented for enforcement to the court at the location of the enterprise within three months from the date of issue.

If an employee misses the established three-month period for valid reasons, the labor dispute commission that issued the certificate may restore this period. The issue of reinstating the deadline is considered at a meeting of the commission upon the employee’s application, which must indicate the reasons for missing the deadline and a link to evidence confirming the validity of the reasons for missing the deadline.

The validity of the reason for missing the deadline is considered in each specific case.

Reversal of execution of a labor court decision

The process of bringing a labor dispute case to the cassation and supervisory courts can be very lengthy for various reasons (objective and subjective), and during this time the reinstated employee must continue to perform his or her duties. labor function. If, during a new consideration of the case, a decision is made to deny the employee’s claim, then the employer, after the entry into force of this decision, has the right to issue an order to dismiss the employee on the same grounds and with reference to the court decision. Guaranteeing the immediate execution of court decisions in cases of reinstatement at work, the Plenum of the Supreme Court of the Republic of Belarus in Resolution No. 7 of June 26, 2003 “On the practice of considering civil cases through judicial supervision” prohibited higher courts from suspending court decisions on reinstatement at work reclaiming the case by way of supervision.

The procedure for executing court decisions on labor disputes

The decision to initiate enforcement proceedings may be appealed to a court of general jurisdiction or arbitration court within 10 days (clause 6 of article 9 of the Law). If the debtor refuses to voluntarily perform certain actions or refrain from performing them, then the consequences of non-performance will depend on the possibility of performing these actions by other persons and whether they are provided for or not, for example, in a court decision obliging the debtor to perform certain actions or refrain from performing them, consequences of non-compliance.

In Art. 213 of the Code of Civil Procedure of the Russian Federation states that if the defendant does not comply with the court decision within the established period, then the plaintiff has the right to carry out these actions at the expense of the defendant and recover the necessary expenses from him. If these actions can only be performed by the defendant, the court sets a period during which the decision can be executed.

Execution of decisions on labor disputes is carried out in a manner determined by many factors, including the type of dispute (individual or collective). Next, we will consider the regulations for the execution of decisions in these cases, including the issue of enforcement of decisions.

Court decisions on labor disputes: individual labor disputes

Parties to an employment contract or trade unions, other authorized bodies apply to the court for resolution of an individual labor dispute in the following cases (Article 391 of the Labor Code of the Russian Federation):

• any of the participants in labor relations does not agree with the decision of the labor dispute commission (hereinafter referred to as the LCC);
• the employee wishes to resolve the dispute in judicial procedure, bypassing the CTS;
• the decision taken by the CCC on the labor dispute does not comply with the requirements of the law (in this case, the application is sent by the prosecutor).

The nuances of resolving labor disputes in court are described in detail in our other article: What are the features of conducting cases of labor disputes?

The deadlines for the execution of decisions on labor disputes are determined as follows:

• From the moment the relevant judicial act gains legal force. For example, satisfying the monetary demands of a worker (Article 395 of the Labor Code of the Russian Federation).
• Immediately. For example, reinstatement of an employee who was fired in violation of the law or illegally transferred to another job (Article 396 of the Labor Code of the Russian Federation), payment of arrears to the employee for 3 months (Article 211 of the Civil Procedure Code of the Russian Federation). See the decision of the Leninsky District Court of Kursk dated April 12, 2017 in case No. 2-1714/29-2017, in which the court fully satisfied the plaintiff’s monetary demands in terms of collecting arrears of wages, but decided to immediately pay the amount due for 3 months .

IMPORTANT! In addition to transferring/issuing delayed wages or other payments due to the employee, the employer is also obliged to pay the employee whose rights were violated in this manner, monetary compensation according to the rules of Art. 236 of the Labor Code of the Russian Federation simultaneously with the main amount (see the decision of the Mirny City Court of the Arkhangelsk Region dated April 11, 2017 in case No. 2-205/17).

The procedure for the execution of court decisions in labor disputes: collective disputes

The resolution of such disputes is carried out out of court and involves dialogue between the parties in the process of their participation in conciliation procedures.

If disagreements between the parties to the employment contract were resolved at one of the stages of the conciliation procedures provided for in Art. 400-404 of the Labor Code of the Russian Federation, then, of course, the problem is not transferred for further consideration at the next stage. However, if the parties failed to reach a common denominator during the above procedures, workers can organize a strike.

If such a strike cannot be carried out (for example, strikes are prohibited at enterprises whose activities are directly aimed at ensuring the livelihoods of the population, if such an event could harm the defense of the country, the life and health of citizens, Article 413 of the Labor Code of the Russian Federation), participation in the resolution of a collective labor dispute, the authorized person is involved government agency — federal Service on labor and employment (Article 407 of the Labor Code of the Russian Federation, regulation..., approved by Decree of the Government of the Russian Federation of June 30, 2004 No. 324).

Issues of enforcement of decisions on labor disputes

As for the forced execution of decisions on labor disputes, it is carried out according to general rules enforcement proceedings (Article 7 of the Law “On Enforcement Proceedings” dated October 2, 2007 No. 229-FZ, hereinafter referred to as Law No. 229-FZ). Compulsory enforcement measures are resorted to in situations where the debtor, of his own free will and within the established time frame, does not fulfill his obligation.

General scheme of actions of participants in a labor dispute and executive bodies is this:

• Receipt of a writ of execution by a claimant in court (for more information about this, see the article Application for the issuance of a writ of execution - sample).
• Submission of a writ of execution by the recoverer to the bailiff and initiation / refusal to initiate enforcement proceedings (Article 30 of Law No. 229-FZ).
• Carrying out enforcement actions by a bailiff. Moreover, contained in executive documentation demands to reinstate an employee dismissed or transferred in violation of the law must be fulfilled no later than the first working day after the day the FSSP unit received the writ of execution (Clause 4, Article 36 of Law No. 229). The same deadlines are provided for other requirements that are subject to immediate execution (clause 5 of the said article).
• The end of enforcement proceedings in connection with the debtor’s fulfillment of his obligation in full (Article 47 of Law No. 229-FZ) or the return of the writ of execution by the bailiff to the recoverer (Article 46 of Law No. 229-FZ).

Let's summarize: the execution of decisions on labor disputes can mean both voluntary and forced satisfaction of the party's demands. The time limits for execution of decisions on labor disputes begin to be calculated from the moment the court decision gains legal force, except in situations where claims are subject to immediate satisfaction.

The procedure for considering labor disputes ends with the execution of decisions of the bodies that considered these disputes.

Article 369 of the Labor Code of the Russian Federation provides that the employer must voluntarily comply with the decision of the labor dispute commission within 3 days after the expiration of 10 days from the date of receipt of a copy of the commission’s decision, if it has not been appealed within this period. If the employer does not comply with it voluntarily, the employee has the right to apply to the labor dispute commission for a certificate, which has the force of a writ of execution. The employee (his representative) presents the certificate (no later than 3 months from the date of receipt) to the bailiff for enforcement of the decision of the labor dispute commission. The validity period of the certificate begins on the day following the day of issue of the document.

The certificate indicates: the name of the labor dispute commission that made the decision, the date of its adoption and issuance of the certificate, full name. employee, decision on the merits of the dispute. The certificate is certified by the signature of the chairman of the labor dispute commission (his deputy) and the seal of the labor dispute commission.

If an employee missed the 3-month deadline for appealing to the bailiff for a good reason (for example, due to illness), then the labor dispute commission that issued the certificate without resolving the dispute on the merits can restore this period by changing the date of issue certificates. The decision of the labor dispute commission to reinstate an employee who was illegally transferred to another job (in accordance with Article 396 of the Labor Code) to his previous job is subject to immediate execution, i.e. the next day after its issuance. If the employer delays the execution of such a decision, the labor dispute commission makes a determination to pay the employee the average salary or difference in earnings for the entire time of delay in execution of the decision.

The court decision is enforced after it enters into legal force, except in cases of immediate execution

Recovering from an employee amounts paid to him by a court decision (or a labor dispute commission) when the decision is canceled by way of supervision is allowed only in cases where the canceled decision was based on false information provided by the employee or forged documents submitted by him.

Control over the correct and timely execution of court decisions is carried out by the judge (Article 349 of the Code of Civil Procedure). If there is a delay in the execution of such a decision of a higher authority on reinstatement at work, the employee is paid the average salary or its difference for the entire time of delay.

Latypov R.I. Labor law. 2005

87. Execution of decisions on individual labor disputes

Immediate execution of certain decisions and orders in labor matters

A decision or resolution adopted by the body for the consideration of labor disputes on reinstatement at work, at the previous workplace, and the previous essential working conditions - it is subject to immediate execution.

If the employer delays the execution of such a decision or resolution, then during the delay from the day the decision or resolution is made to the day of its execution, the employee is paid the average earnings or the difference in earnings.

In accordance with civil procedural legislation, a court decision on payment of wages to an employee, but not more than one month, is also subject to immediate execution.

Decision of the labor dispute commission must be fulfilled by the employer no later than three-day period after the expiration of 10 days provided for its appeal. except as described above.

Enforcement of the decision of the labor dispute commission

If the employer fails to comply with the decision of the labor dispute commission within the prescribed period, it issues the employee a certificate that has the force of a writ of execution.

A certificate is not issued if the employee or employer has filed an application to resolve a labor dispute in court within the prescribed period (Article 242).

The certificate indicates the name of the commission that made the decision on the labor dispute; dates of the decision and issuance of the certificate; surname, name, patronymic of the employee; decision on the merits of the dispute. The certificate is certified by the signatures of the chairman and secretary of the labor dispute commission.

Based on the certificate issued and presented to the court no later than three months, the bailiff enforces the decision of the labor dispute commission.

If an employee misses the established three-month period for good reasons, the CTS that issued the certificate may restore this period.

88. Concept, subject, subjects (parties) of a collective labor dispute. The moment of occurrence of a collective labor dispute

Collective labor dispute (conflict)- these are unresolved disagreements between the parties to collective labor relations regarding the establishment, changes in the socio-economic conditions of work and life of workers, the conclusion, amendment, execution or termination of collective agreements and agreements (Article 377 of the Labor Code).

Reasons collective labor disputes can be guilty actions of officials, explained by their subjective views, group egoism of workers (disputing parties) who do not take into account public interests, etc.

Read also: Entry in the work book about transfer to another position, sample 2019

Signs characterizing collective disputes:

The subject is the employees (collective of employees) represented by representative bodies.

The rights and interests of the entire team of workers (or part of it) on issues of labor and life are disputed and protected.

Resolved by conciliation commissions, mediators, labor arbitrations, and the Republican Labor Arbitration.

They are of a non-adversarial nature. They are resolved in special, unique procedural forms.

The procedure for resolving collective labor disputes is regulated by Chapter 36 of the Labor Code.

The main principles of dispute resolution are: pre-arbitration conciliation procedures, collegial consideration of the dispute, equality of the parties, accounting real possibilities decisions made, etc.

Decisions of the Republican Labor Arbitration on collective disputes regarding the implementation of collective contracts and agreements, as well as on disputes arising in organizations for whose employees the law establishes restrictions on the exercise of the right to strike, can be appealed to the court within 10 days from the date of receipt.

The moment of the beginning of a collective labor dispute is considered the day of communication of the employer’s decision to reject all or part of the workers’ demands or the employer’s failure to communicate its decision within 3 days from the date of submission of the demands, as well as the date of drawing up a protocol of disagreements during collective bargaining.

Subject collective disputes are the rights and interests over which disagreements arose between the labor collective and the employer. In Art. 364 Labor Code of the Republic of Belarus is given sample list socio-economic conditions that may become the subject of collective dispute.

Participants in collective labor disputes:

employee representatives - bodies trade unions and their associations, authorized for representation in accordance with their charters, public amateur bodies formed at a meeting (conference) of employees of the organization, branch, representative office and authorized by them;

representatives of employers - heads of organizations or other authorized persons in accordance with the charter of the organization, other legal acts persons, authorized bodies of associations of employers, other bodies authorized by employers;

service for the settlement of collective labor disputes - a state body that facilitates the resolution of collective labor disputes by organizing conciliation procedures and participation in them.

EXECUTION OF DECISIONS ON LABOR DISPUTES.

A decision on a labor dispute made by both the CCC and the court can be executed voluntarily. The decision of the CCC is binding and is not subject to approval by the employer or trade union. It is subject to execution by the employer no later than within 3 days after the expiration of 10 days provided for its appeal (Article 248 of the Labor Code of the Republic of Belarus). This period is calculated from the moment the employer receives a copy of the CCC decision made on a specific dispute.

If the employer does not comply with the decision of the CCC voluntarily, or does not comply with it on time, it becomes necessary to force the employer to comply with the decision of the CCC. IN in this case The CTS will issue the employee a certificate that has the force of a writ of execution by a judicial authority (Article 249 of the Labor Code of the Republic of Belarus). The certificate is issued at the request of the employee in whose favor the CCC decision was made. The CTS does not issue a certificate on its own initiative.

The certificate is not issued until the expiration of the 10-day period, during which the parties have the right to appeal the decision of the CCC in court. A certificate is not issued even if the employee or employer filed an application to resolve a labor dispute in court within the prescribed period.

The certificate for forced execution of a decision issued by the CCC must have the appropriate details: the name of the commission that made the decision on the labor dispute; date of the decision and date of issue of the certificate, last name, first name, patronymic of the employee, decision on the merits of the dispute. The wording of the decision must be indicated in a clear form, in strict accordance with the decision of the CCC (Article 249 of the Labor Code of the Republic of Belarus).

The certificate is certified by the signature of the chairman and secretary of the CCC. The certificate must indicate the date of issue of the certificate, since from this date the period for presenting the certificate to the court for enforcement begins to run. The certificate issued to the employee must be presented to the court for enforcement of the decision of the CCC within 3 months. If this deadline is missed for a valid reason, the CTS that issued the certificate may restore this deadline. The issue of reinstating the deadline is considered at a meeting of the commission. Having recognized the reason for missing the deadline as valid, the commission issues a decision to restore the deadline, which is noted on the certificate.

If the deadline is missed for unexcusable reasons, the CTS refuses to reinstate it. As a result of missing the deadline for presenting the certificate for execution, it becomes invalid and is not subject to execution.

Enforcement of decisions of the CCC is carried out by the bailiff of the court in the territory of the district (city) of which the employer, who in this case is the debtor, is located.

Court decisions on labor disputes are executed according to the general rules for the execution of court decisions. As a rule, court decisions are enforced after they enter into legal force, i.e. after the expiration of the 10-day period provided for appealing the decision or after consideration of the case by the cassation court, which left the decision unchanged.

Read also: Regulations on the specifics of the procedure for calculating average wages

However, for some categories of labor disputes, the legislation provides for the immediate execution of court decisions that have not yet entered into legal force. Thus, decisions to satisfy a claim for the reinstatement of an illegally dismissed employee, for awarding the employee wages, but not more than one month (Article 313 of the Code of Civil Procedure of the Republic of Belarus) are subject to immediate execution. In cases where wages for more than one month are collected, the decision only regarding the collection of wages for one month is subject to immediate execution. The execution of the decision in the remaining amount of wages is carried out after the decision enters into legal force. Immediate execution of court decisions in labor cases is also possible in other cases, which must be motivated in the decision.

An indication in the decision of the immediate execution of a court decision does not deprive the parties of the right to appeal such a decision in cassation. However, the employer is obliged to comply with the court decision, despite disagreeing with it and filing a complaint against this decision. Appealing a decision in cassation is not a basis for suspending the decision on reinstatement or recovery of wages. The employee must be allowed to return to work to which he has been reinstated immediately after the decision is made.

A writ of execution for the immediate execution of a court decision on a labor dispute is issued to the employee (claimant) or sent for execution directly by the court.

In accordance with Art. 389 of the Labor Code of the Russian Federation, the decision of the CCC is subject to execution within three days after the expiration of ten days provided for appeal. This period cannot be reduced or increased either at the request of the employee or at the initiative of the CTS. The employer has the right to execute the decision of the CCC earlier than specified in Art. 389 of the term, if it is rendered in favor of the employee and satisfies all his requirements. This period is calculated from the moment the employer receives a copy of the CCC decision made on the dispute.

If the employer does not comply with the decision of the CCC within the prescribed period, then the mechanism for compulsory execution of the decision begins to operate.

In case of failure to comply with the decision of the commission within the established period, the specified commission issues the employee a certificate, which is an executive document.

The certificate issued by the CTS includes a list of enforcement documents (Article 12 of the Federal Law “On Enforcement Proceedings”).

Labor Dispute Commissions structural divisions organizations are not vested with the right to issue such certificates, which have the force of a writ of execution. These certificates can only be issued by CTS organizations.

An employee can apply for a certificate within one month from the date of the CCC decision. If an employee misses the specified period for valid reasons, the CTS may restore this period. The certificate is not issued if the employee or employer applied within the prescribed period to transfer the labor dispute to the court.

Based on the certificate issued by the CCC and presented no later than three months from the date of its receipt, the bailiff enforces the decision of the CCC.

The Federal Law “On Enforcement Proceedings” provides for options for interrupting the deadline for presenting a writ of execution for execution (Article 22). The deadline is interrupted:

– presentation of a writ of execution for execution;

– partial execution of the writ of execution by the debtor.

After the break, the period for presenting the writ of execution for execution is resumed. The time elapsed before the deadline was interrupted, in new term does not count.

If the writ of execution is returned to the claimant due to the impossibility of its execution, the period for presenting the writ of execution for execution is calculated from the day the writ of execution is returned to the claimant.

If an employee misses the established three-month period for good reasons, the CTS that issued the certificate may restore this period.

Enforcement documents for which the deadline for presenting them for execution has expired are not accepted by the bailiff for production, and they issue a corresponding resolution.

A claimant who has missed the deadline for presenting a writ of execution or a court order for execution has the right to apply for restoration of the missed deadline to the court that adopted the relevant judicial act, if the restoration of the specified deadline is provided for by federal law.

In Art. 13 of the Federal Law “On Enforcement Proceedings” lists the requirements for enforcement documents. In particular, they should indicate:

1) name and address of the body that issued the executive document;

2) the name of the case or materials on the basis of which the executive document was issued, and their numbers;

The emergence of collective labor disputes is inevitable when participants in the labor process interact. Their permission allows us to improve working conditions and make changes to the wage system.

What are collective labor disputes

A collective labor dispute is usually called a confrontation between participants in labor relations, conflicts, controversial situations, disagreements on a certain range of issues. Participants in labor relations mean the employer and the personnel of the enterprise.

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A trade union or other elected body may act as a representative of the working personnel. The employer's representative is usually the administration or an association of employers. Disagreements may arise for various reasons, such as: working and rest conditions, the system of calculation and payment of wages, bonuses and financial incentives, implementation of collective agreements, amendments to local regulations.

Collective labor disputes are only those conflicts for which claims are recorded in in writing and are publicly available to all employees of the enterprise. For example, they may be published in newspapers or internal magazines or advertised on general meeting workers. The employer must also be informed in writing of the employees' requirements.

The concept of collective labor disputes (CLD) and the procedure for their resolution are spelled out in Labor Code RF. The ultimate goal of the CCC is to resolve a conflict situation, therefore a conciliation commission must be formed, regulations for the consideration of claims and the procedure for conducting conciliation procedures must be established. Otherwise, the dispute that arises is equated to sabotage, and its participants may be held accountable.

Types of collective labor disputes depending on various factors

CTS are classified according to certain criteria.

By the nature of the dispute

Disputes of an economic nature are associated with disagreements concerning financial issues and the interests of the employee (payroll, etc.), compliance of the organization of the work process with the norms of the labor legislation of the Russian Federation. At the same time, the level of regulation and resolution of collective disputes can be territorial, regional, or sectoral. Often such disputes arise when the trade union and the administration disagree during the signing of internal documents;

Legal disputes – all types of disputes related to collective agreements and other written agreements and obligations. Such disputes arise in cases where the provisions of the concluded contract are violated or the employer did not inform about the changes.

Depending on the legal relationship that is the cause of the dispute:

• between the workforce and the employer;
• between employee representatives and the enterprise administration;
• with the participation of government agencies, public organizations, non-profit enterprises, which are social partners of the enterprise.

Depending on the subjects of legal relations.

The subjects of the dispute may be:

• employees of the enterprise and its management;
• trade union (or other body representing the interests of workers) and administration;
• organizations of another level that are social partners.

So, the level of consideration and resolution of a collective labor dispute depends on the subjects of the conflict and the reasons for its occurrence. Thus, there are industry, territorial, regional, federal levels of dispute occurrence, as well as disputes occurring within the enterprise.

Why collective labor disputes arise: the main reasons

From the outside it seems that collective labor disputes undermine the efficiency of the team and interfere economic development enterprises. But do not confuse cause with effect. The subject of a labor dispute in itself is a factor that poses a threat to the prosperous future of the company. A labor dispute is only a civilized way to resolve problems.

Methods for resolving contradictions and the procedure for considering collective labor disputes are strictly regulated. Once agreements are reached with the company management or the demands of the workforce are met, the dispute can be considered completed. All that remains is to comply with a number of formalities.

By law, all demands of the workforce must be presented in writing to the company's management, so it is important to provide clear and understandable wording of the claims. In some cases, the manager, as a competent psychologist, must “read between the lines” and recognize the true cause of the dispute. Understanding the cause of the dispute contributes to its quick and effective resolution.

Let us highlight the main factors leading to the emergence of collective labor disputes:

• violation of labor rights of workers;
• non-compliance with labor safety rules;
• accidents at work, harm to the health of workers and compensation for damage from the employer in these cases;
• organization of vocational training, advanced training courses, etc.;
• material liability and workers' compensation;
• organizing working and rest conditions, solving the everyday needs of employees, holding cultural events;
• disagreements arising at the level of social partners of the enterprise;
• other questions and disagreements.

Parties to a collective labor dispute

Labor disputes and conflicts often arise from systematic, repeated violations of labor legislation, labor regulations. At the same time, the initiators of violations can be both the company management and the workforce.

Labor activists or trade union representatives may participate in negotiations on the dispute. The employer may be represented by a person who has a power of attorney to protect his interests.

In any case, the subjects of the CTS are:

• company management;
• a labor collective with elected leaders representing its interests in the dispute.

We have already said that during the consideration of a collective labor dispute, reconciliation procedures are regulated, compliance with which is strictly mandatory for all parties to the dispute.

Where does a collective labor dispute begin?

The law obliges the parties to the dispute to record the beginning of a collective labor dispute. The specific date is determined:

• date of signing the protocol of disagreements;
• during the day when the employer refused to fulfill all or some of the demands of the work collective;
• in the afternoon, when the employer was supposed to communicate its decision on the workers' claims, but did not do so.

As a rule, demands are put forward by the labor collective or its representative. This right is enshrined in labor legislation.

Before the requirements are voiced to the company's management, they are discussed and approved at a general meeting of the workforce. In this case, the number of people present must be more than 50% of the total number of employees. If the approval of demands and the drawing up of protocols are carried out at a conference, then the number of delegated activists taking part in it must be at least 2/3 of their total number.

All demands of the workforce must be communicated to management and presented in writing. If a collective labor dispute occurs at a higher level, then the demands of trade unions are sent in a similar manner to the relevant organizations in the social partnership system.

The Labor Code regulates the work of a special Service for the settlement of collective labor disputes. The party making the demands may send copies of documents to this Service, the task of which, in particular, is to verify that the addressee has received the letter.

The employer's responsibilities include accepting all received documentation on the CTS and considering the claims and demands made. A response must be provided within 3 business days.

A similar procedure applies when sending demands to representatives of the employer, however, in this case, 1 month is given for consideration and sending a response letter.

Resolution of collective labor disputes: main stages

Stage 1. Work of the conciliation commission.

In some cases, this stage is sufficient to close the dispute; in other situations, it is only the first stage of consideration of the CCC. One way or another, the formation of a special reconciliation commission is mandatory for all labor conflicts.

Any party has the right to send documents to the Service for Settlement of Collective Labor Disputes to notify the commencement of a dispute. The law does not establish any time limits on the terms of application.

The tasks and functions of this Service are as follows:

• notification registration of disputes;
• checking the powers and rights of authorized representatives, members of representative offices and trade unions, and the organizational unity of the workforce;
• identifying the causes and factors that caused the controversial situation to arise;
• providing assistance in resolving a labor conflict, making proposals to eliminate the causes of the dispute, organizing conciliation procedures, contacting other competent authorities to resolve disagreements;
• compiling a list of labor arbitrators upon request from the parties to the dispute;
• organization of training, advanced training courses, training of labor arbitrators, preparation of information on their level vocational education;
• providing methodological and organizational assistance to the parties to the dispute;
• assistance in financing conciliation procedures, if such a request was received from CCC participants.

The set of measures proposed by members of the commission or employees of the above Service to resolve a controversial situation is mandatory if it does not infringe on the rights of the parties and does not contradict the legislation of the Russian Federation.

CCC participants must discuss everything possible ways and methods for resolving the conflict, consider all proposals received and alternative options to find a compromise and close the dispute.

Any labor conflict interferes with the normal functioning of the enterprise. Therefore, a conciliation commission should be created as soon as possible, namely within three working days after the employer rejected the employees’ claims. Upon the formation of the commission, it is necessary to issue a corresponding order and act.

The commission includes representatives of the warring parties in equal percentages.

Participation in the commission is voluntary, but all employees included in its composition must actively work to resolve the conflict.

The consideration of a collective labor dispute by the conciliation commission takes place within 5 working days. After this period, an agreement may be made to increase the period of conflict resolution. This decision must be recorded.

After the commission has made a decision on the CTS, it must be approved by both the workforce and the company management. If a consensus is reached on controversial issues, it is necessary to draw up a protocol indicating the deadlines for the implementation of the decision. After this, the decision takes legal force, and the parties have no right to refuse its execution.

If the confrontation continues, then the CTS participants move on to the next stage.

Stage 2. Collective labor dispute with the participation of a mediator.

If the formed reconciliation commission has not found compromise solutions that suit both parties, a protocol of disagreements is drawn up, after which the CCC participants, within three days, can choose a third party to involve in the proceedings of the controversial situation.

The right to choose an intermediary remains with the CCC participants, but they can also turn to the relevant government authorities with a request for assistance in choosing a competent specialist.

If within the specified period there is no consensus on the choice of a mediator, it is necessary to seek the help of labor arbitrators, that is, proceed to the next stage.

After identifying a suitable candidate, an agreement is signed by all parties and participants indicating the procedure for consideration of the CCC.

The legislator is also interested in the speedy resolution of controversial situations, therefore a collective labor dispute is considered by a mediator within 7 working days. After completing all the necessary procedures, they must make a decision to reach agreements or draw up a protocol of disagreements.

Stage 3. Work of labor arbitration.

This The final stage consideration of a collective labor dispute, which should put an end to even the most intractable conflicts. The formation of labor arbitration must occur within three days after the completion of the previous stage and the signing of the corresponding protocol. Labor arbitration is created for the period of time during which a collective labor dispute is being considered and a final decision is being drawn up on it.

As we have already written, there is a special Service that CCC participants can turn to for help in creating this temporary body.

Once the list of selected labor arbitrators has been formed, all relevant documents have been drawn up and signed, the labor arbitration can begin its work to resolve the conflict. 5 working days are allotted for the consideration of a collective labor dispute in labor arbitration.

The labor arbitration meeting is held with the presence of a secretary, who records all decisions and important details of the discussions. Further, the decisions of the labor arbitrators are formalized in writing, and the documents are provided to all parties to the collective labor dispute.

Failure to comply with a labor arbitration decision is a direct violation of labor legislation.

Maximum period for consideration of a collective labor dispute

Any conflict situation creates a tense atmosphere in the enterprise, so it cannot last indefinitely. Each stage of a collective labor dispute has certain deadlines established by law.

1. Study of requirements by the employer – 3 working days.
2. Consideration of the case by the conciliation commission – 5 working days.
3. Negotiations on inviting a mediator – 3 working days.
4. Consideration of a collective labor dispute with the participation of a mediator – 5 working days.
5. Negotiations on the formation of labor arbitration – 3 working days.
6. Dispute settlement by labor arbitration – 7 working days.

As noted earlier, going through all the stages is not necessary; the conflict can be resolved earlier. The case may also be brought to court if the resolution of the collective labor dispute does not satisfy the interests of any party.

In some cases, workers have to resort to strike.

What should a manager do to prevent collective labor disputes at an enterprise?

IN Lately the company’s personnel become more literate and legally savvy, ready to fight for their rights and protect their interests. This is why the number of collective labor disputes is increasing year by year. Below we provide a list of recommendations, following which will allow you to create a calm work environment and avoid most labor disputes.

1. Explore labor legislation to avoid unintentional violations or hire competent human resources specialists.
2. Dismissing an employee “on the basis of an article” or creating conditions for dismissal at one’s own request always causes dissatisfaction on the part of the employee. Therefore, in some cases, in order to maintain good relations, you can choose to terminate the contract by agreement of the parties with the payment of an additional salary or two at the discretion of management.
3. If possible financial position company, provide employees with additional benefits, guarantees, compensation for sports activities, communication costs, travel, etc.
4. Receive feedback from staff, engage in open dialogue with activists. It is better to find out the existing claims and dissatisfaction in advance than to bring the matter to the settlement of a collective labor dispute.
5. Good decision there will be the creation of a body operating on a permanent basis for workers to contact on various issues and controversial situations.
6. Resolve individual labor disputes in a timely manner. It is much easier to resolve a conflict with one person than to confront a group of disgruntled employees.