A conflict-free relationship between employer and employees is the exception rather than the norm. Labor disputes among employers arise both with individual employees and with whole collectives.
In this case, the positions of the parties are a priori unequal. When labor disputes are resolved, employers use the resources of their legal services. The workers are forced to manage on their own. The only possible ally in detailed circumstances is a good lawyer, and you can find such a specialist in Prikhodko & Partners Law Firm.
How are individual labor disputes handled?
An individual labor dispute is a disagreement between an employer (owner or authorized person) and an employee.
According to the law, an employee can consistently or separately apply to protect interests:
- to the labor dispute commission;
- to the local court.
Important! Some labor disputes are settled exclusively by the court (for example, on reinstatement at work or on the registration of labor relations upon completion of work without an employment contract). In some cases, it is important to file a claim on time – a labor dispute will be considered by the court only if the statute of limitations is not missed.
The Labor Disputes Commission, on the basis of its decision, has the right to issue an employee a certificate, which is equivalent in legal force to an executive document. It can be submitted to a public or private contractor in order to initiate enforcement proceedings (for example, for enforced collection of wage arrears, severance pay, and so on).
For your information! The court considers individual labor disputes of some categories in a simplified manner, which makes it possible to speed up the receipt of the necessary decision.
Often, the consideration and resolution of labor disputes concerns such problems:
collection of salaries, vacation pay, travel allowances, severance pay;
reinstatement at work, collection of the average monthly salary;
compensation for material and moral harm, inclusive – in the event of illegal dismissal;
establishment of the fact of being in an employment relationship / termination of such relationship;
reclaiming the work book, changing the wording of the reason for dismissal.
Often, labor disputes in court do not end. With the support of a lawyer, the employee has to initiate enforcement proceedings, since the employer ignores the court’s decision.
What are the features of the consideration of collective labor disputes?
A collective labor dispute is a conflict between the parties to social and labor relations regarding working conditions and industrial life, contradictions regarding the collective labor agreement.
When employees of an entire enterprise, members of a trade union organization or even employees of an entire industry are involved in a dispute, the situation requires a special approach and the participation of highly qualified lawyers.
For your information! Legal regulation of labor disputes in this case is carried out on the basis of Law № 137/98-ВР “On the Procedure for Resolving Collective Labor Disputes (Conflicts)” dated 03.03.1998, and some other regulatory legal acts. At the same time, facilitation work – the organization and moderation of the collective bargaining process – is of great importance in preventing the escalation of contradictions and transferring to the strike.
Consideration and resolution of collective labor disputes in court is carried out only in some exceptional cases. As a matter of priority, the legislation provides for a conciliation procedure to resolve such problems.
Consideration of a collective labor dispute may be carried out by:
- conciliation commission;
- an independent intermediary;
- labor arbitration;
- National Service for Mediation and Reconciliation (NSPP).
If you are interested in resolving labor disputes from A to Z, taking into account all the nuances of the current legislation, please contact Prikhodko & Partners Law Firm.
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