The concept, types, causes of individual labor disputes. Causes and conditions of labor disputes

The conditions for the emergence of disputes are those conditions, circumstances that directly or indirectly affect labor relations, causing unsettled disagreements between employees and the administration.

The causes of labor disputes are those legal facts that directly caused disagreements between the employee (employees) and the administration. Even the reasons common for labor disputes are of a specific nature in a specific legal relationship to resolve a labor dispute. These are violations of certain rights of an employee or his obligations to the enterprise (for example, when he is financially liable for the damage caused).

The conditions for the emergence of labor disputes become causes in a specific labor dispute. Often labor disputes arise as a result of a combination of several reasons. Some of them are economic, others are social, others are legal.

The most common grounds for labor disputes are disagreements between the employee and the employer. Employees do not want to put up with violations of their labor rights, they strive to prevent the deterioration of existing working conditions and claim to improve them. In addition, such conflicts are often caused by such qualities of labor legislation as complexity, fragmentation, inconsistency and gaps. One of the main reasons that give rise to individual labor disputes is poor knowledge or ignorance of the labor legislation by the employee and the employer, i.e. low legal culture.

In a number of cases, individual labor disputes arise as a result of the dishonest attitude of some employees to the performance of their labor duties and the presentation of illegal demands by them, as well as due to the deliberate violation of labor laws by individual employers.

Recently, quite often there are labor disputes due to the unfair attitude of employees towards their employers. For example, a former employee applies to the court for reinstatement due to the fact that he was fired while he was on sick leave. Formally, he is right. But in fact, the employee presents a sick leave - a document confirming the period of his incapacity for work, only at the stage of trial.

Economic conditions include, in particular, the financial difficulties of organizations that prevent the full and timely payment of wages, the provision of guarantees and benefits due to employees (for example, therapeutic and preventive nutrition), the absence or insufficiency of funds allocated for labor protection. Such conditions for the emergence of labor disputes give rise to serious social consequences, which in turn or in combination with economic consequences give rise to the emergence of labor disputes.

The conditions of a social nature include, for example, a growing gap in the income level of low- and high-paid workers.

The conditions of a legal nature include, in particular, the complexity, inconsistency, as well as the lack of accessibility of labor legislation for the administration and especially for employees, as a result - poor knowledge by employees of their labor rights and obligations of employers, ways to protect their rights; unwillingness to comply with labor legislation by many heads of organizations, officials of the administration; poor readiness of trade union leaders, trade union activists to protect workers based on the analysis of labor legislation.

In modern conditions, there is an increase in the number of labor conflicts, including collective ones, which often develop into strikes. This is due to economic and political instability in society. In the structure of categories of civil cases, an important place is occupied by claims for labor disputes (mainly for non-payment of wages, reinstatement, etc.). According to Art. 37 of the Constitution of the Russian Federation, citizens have the right to individual and collective labor disputes, including the right to strike. Article 46 of the Constitution of the Russian Federation guarantees everyone judicial protection of their rights and freedoms, as well as the possibility of appealing against decisions and actions (inaction) of the relevant bodies and officials in court.

Labor disputes are unresolved disagreements between the subjects of labor law on the application of labor legislation, or on the establishment of new or changes in existing working conditions, received for resolution by the relevant jurisdictional authorities.

There are the following types of labor disputes.

By subject composition - individual and collective labor disputes. Individual labor disputes arise between an individual employee and an employer (for example, disputes about dismissals, transfers), employees of an organization or a group of employees and an employer of one or more organizations participate in collective labor disputes (for example, disputes arising from the conclusion of a collective agreement).

According to the nature of the dispute, claims and non-claims labor disputes are distinguished. Claim labor disputes are disputes about the application of the norms established by the current labor legislation, collective agreements and agreements, as well as individual labor contracts. These are disputes about the restoration of violated rights and legitimate interests of employees, they can arise from both labor and industrial legal relations and are resolved by the CCC or the court. Non-claimed labor disputes - arise on the issues of establishing new or changing existing working conditions that are not regulated by labor legislation or by agreement of the parties.

By the nature of the legal relationship from which labor disputes arise, there are disputes arising from labor relations (for example, disputes about deductions from wages, about disciplinary sanctions), and disputes arising from industrial legal relations (for example, disputes from legal relations on employment and employment ).

The causes of labor disputes are factors that directly cause disagreements between the disputing parties (for example, violation by the employer of labor legislation or the terms of an employment contract).

The conditions for the emergence of labor disputes are factors that contribute to the emergence of labor disputes. The conditions can be of a production nature (for example, long downtime in the work of the organization) and of a legal nature. Conditions of a legal nature can be material and procedural. Material conditions include strict state regulation of labor relations, contradictions in the content of labor legislation, imperfection of certain norms of labor legislation, etc. Conditions of a procedural nature include the absence of a special normative act regulating the process of implementing labor legislation, the imperfection of the procedure for considering labor disputes, etc. However, the conditions themselves, without the presence of appropriate reasons, do not cause labor disputes; these two concepts are closely interrelated. So, downtime in the work of the organization may be accompanied by non-payment of appropriate compensation to employees in accordance with Art. 157 of the Labor Code of the Russian Federation. In this case, if the employer refuses to make the payments established by law, the employee has the right to apply to the CCC and the court to resolve this dispute.

The causes and conditions for the emergence of labor disputes are negative factors in the development of modern society, reflecting the contradictions of Russian reality.

As is known, the process of causality develops sequentially in time, and the cause precedes the effect. The interaction "cause - effect" depends on the conditions, i.e. the totality of phenomena and circumstances that form the "environment" of this process, accompany and ensure its development. It is the conditions that form the cause. Thus, the interaction "cause - effect" is carried out with a sufficient set of necessary conditions.

The causes and conditions for the emergence of labor disputes are a system of negative social phenomena for a given state and society that determine labor disputes as their consequence.

In order to avoid a labor dispute, as well as in the event of its occurrence, in order to resolve it, the causes and conditions that contributed to the emergence of a labor dispute should be eliminated. Such a need is provided for by the current legislation. Yes, Art. 407 of the Labor Code of the Russian Federation establishes that state bodies for the settlement of collective labor disputes, within their powers, identify, analyze and summarize the causes of collective labor disputes, prepare proposals for their elimination. Therefore, this wording of the law is aimed at eliminating both the causes and conditions of labor disputes and their prevention.

In the scientific literature there is no common understanding of the causes and conditions for the emergence of labor disputes. So, S.A. Goloshchapov * (16) and S.V. Perederin * (17) do not separately single out the conditions (circumstances) of labor disputes, speaking only about the causes of labor disputes.

Although the causes and conditions for the emergence of labor disputes are closely interrelated, they are phenomena that are different in nature and goals.

The causes of labor disputes are negative factors that cause disagreements in connection with the application of labor legislation and other regulatory legal acts containing labor law norms, the terms of various labor contracts, the establishment of new or changes in existing working conditions.

S.A. Goloshchapov divided the causes of labor disputes related to the application of the law into the following groups:

• 1) reasons of a subjective nature;
• 2) organizational and legal reasons;
• 3) reasons of an organizational and economic nature * (18).

It seems that the last two groups of reasons can be combined into one. So, the causes of labor disputes are differentiated into two groups: objective and subjective.

Objective reasons include contradictions naturally arising from economic relations, property relations, etc. For example, among such reasons are violations of the labor rights and legitimate interests of an employee caused by the difficult economic situation of the employer: non-payment or late payment of wages to employees due to lack of funds in the employer's current account.

Subjective reasons are determined mainly by shortcomings and errors in the activities of subjects of labor law. Among them are the misinterpretation of the legal norm, the violation of the labor rights of the employee, caused by the presence of a psychological conflict between the employee and the relevant official. An individual labor dispute may also arise due to the lack of legal knowledge of the employee, his conscientious error, in connection with which he disputes the lawful actions of the head of the organization. Another situation is quite possible, when an unscrupulous employee knows that he is wrong, but seeks in any way to challenge the lawful actions of the representative of the employer.

The conditions of labor disputes are negative factors that contribute to a greater number of labor disputes or significantly exacerbate the labor dispute that has arisen.

At the same time, without reasons, the conditions themselves cannot give rise to a labor dispute. Like the causes of labor disputes, conditions can be objective and subjective.

For example, the presence of conflicting interests of an employee and an employer in the field of wage labor, changes in economic relations in general, and other circumstances may be objective conditions that give rise to labor disputes. Such contradictions create an objective basis for the emergence of disagreements in the field of labor and directly related relations, but they are not a direct source of a labor dispute. The cause of a labor dispute may be an action (inaction) of the employer or employee, for example, a violation by the employer of the procedure for dismissing employees to reduce the number or staff as a result of a change in the financial and economic situation of the organization.

An example of the subjective conditions for the emergence of labor disputes are certain defects in the legal consciousness of employers, officials of its administration, employees, their authorized representatives, the low level of legal culture of participants in labor processes. In practice, these conditions quite often lead to mass illegal law enforcement, as a result of which the labor rights and legitimate interests of both employees and employers are violated. These circumstances are a kind of prerequisite for the emergence of an individual or collective labor dispute, but they are not the source of a labor dispute until the disputes caused by them are subsequently referred to the appropriate jurisdictional body.

In the legal literature, two types of conditions (circumstances) of labor disputes are considered:

• 1) production nature;
• 2) legal nature * (19).

Meanwhile, we must not forget that at present there are very significant social conditions that contribute to the emergence of many labor disputes.

So, the conditions for the occurrence of labor disputes can be divided into three groups:

• 1) conditions of an economic nature (change in economic relations that led to the financial instability of the organization, etc.);
• 2) conditions of a social nature (disproportion of the established amount of wages to the subsistence minimum, etc.);
• 3) conditions of a legal nature (the presence of contradictions, gaps in labor legislation and other regulatory legal acts containing labor law norms; ignorance or poor knowledge of labor legislation, i.e. low level of legal culture).

§ 1. The concept and causes of labor disputes

In the event of the emergence or termination of labor relations, as well as in the course of their action, disagreements often arise between employees and employers. The reason for their occurrence is, as a rule, a violation of existing legislation.
However, not every disagreement develops into a legal dispute. Participants in relations regulated by labor law can resolve their conflict voluntarily, peacefully, through negotiations and prevent the transition of disagreements that arise between them to the stage of a labor dispute.
In addition, purely psychological factors cannot be ignored. Thus, the majority of employees, despite their dissatisfaction with the unlawful actions of the employer, still avoid applying for the protection of their rights to the competent authorities, fearing negative consequences for themselves.
But if the conflict is not resolved by its participants and there is a need to involve special authorized bodies in its resolution, then it develops into a labor dispute.
Thus, labor disputes are disagreements between the employee (employees) and the employer on the establishment and application of the current norms of labor and other social legislation, which were not settled during direct negotiations with the employer and became the subject of proceedings in specially authorized bodies .
The term "labor disputes" appeared only in 1971 in the then adopted third Labor Code of the RSFSR. Its chapter XIV was called "Labor disputes". The first two Labor Codes of Russia (1918 and 1922) used the term "labor conflicts". An independent branch of labor law, which has developed in many Western countries, especially in the post-war years - in some it is called social law (for example, in France), as well as international legal regulation of labor (which many scientists call international labor law). law), moves away from the term "labor conflict" more and more and uses the term "labor dispute". And this is correct, since the conflict from the point of view of philosophy is an insoluble contradiction that threatens to explode (in labor relations - strike, strike And modern labor law provides mainly conciliation procedures for resolving labor disputes. The current Labor Code of the Russian Federation of 2001 retains the term "labor disputes" And does not at all provide for the old term "labor conflict". a conflict situation that may arise before a labor dispute in case of disagreement of the parties on a particular labor issue.
The point of view expressed in the literature is that the conflict precedes the labor dispute. This point of view confused the conflict situation with a labor dispute resolved by a jurisdictional body.
The concept of labor disputes must be distinguished from the disagreements of the parties that preceded them, as well as from a labor offense, which is a direct cause for disagreement and one of the steps in the dynamics of a labor dispute.
The emergence of labor disputes, as a rule, is preceded by violations of labor or other social rights of employees in the field of labor or other relations, which are the immediate cause (cause) of the dispute.
A labor offense is a guilty failure to perform or improper performance by an obligated subject of his labor duties in the field of labor and distribution, and, consequently, a violation of the right of another subject of this legal relationship.
Labor offenses in themselves are not yet labor disputes. The same action can be evaluated by each side in its own way. The discrepancy in assessments is a disagreement. This disagreement can be resolved by the worker on his own or with the participation of the trade union committee representing his interests in direct negotiations with the administration. Unfortunately, the legislator has not established the procedure for resolving these disagreements by the disputing parties in individual labor disputes, as he did, for example, in collective labor disputes in Art. 399 and 400 of the Labor Code of the Russian Federation.
However, another situation is also possible when a disagreement between the subjects of labor law can develop into a labor dispute if it is not settled by the parties themselves, but submitted to the jurisdictional body, in other words, one party disputes the action (inaction) of the obligated party that violated its labor law .
The conditions for the emergence of disputes are those conditions, circumstances that directly or indirectly affect labor relations, causing unsettled disagreements between employees and the administration. The reason for the emergence of labor disputes are legal facts that directly caused disagreements between the employee (employees) and the administration. Even the reasons common for labor disputes are of a specific nature in a specific legal relationship to resolve a labor dispute. These are violations of certain rights of an employee or non-compliance with his obligations to the enterprise (for example, when he is financially liable for the damage caused).
The conditions for the emergence of a labor dispute become the cause of the latter. For example, ignorance of the head of the organization of labor legislation or neglect of it leads to a violation of the rights of the employee and the emergence of an individual labor dispute. Often labor disputes arise as a result of a combination of several conditions (reasons). Some of them are economic, others are social, others are legal.
So, for example, economic conditions are the financial difficulties of organizations that prevent the full and timely payment of wages, the provision of guarantees and benefits due to employees (milk at work in unhealthy conditions, therapeutic and preventive nutrition, etc.) , lack or insufficiency of funds for labor protection.
The conditions for the emergence of disputes of an economic nature give rise to serious social consequences, which, in turn or in combination with economic consequences, give rise to labor disputes. Thus, a lack of funds leads to a reduction in the number of employees or the liquidation of an organization, to growing unemployment. The dismissed workers, defending their right to work (workplace), often apply for the resolution of a labor dispute and the protection of their rights to the judiciary.
The conditions of a social nature include, for example, a growing gap in the income level of low-paid and high-paid workers.
The conditions of a legal nature include, in particular, the complexity and inconsistency of labor legislation for the administration and, especially for employees, as a result - poor knowledge by employees of their labor rights and obligations of employers, ways to protect their rights; unwillingness to comply with labor legislation by many heads of organizations, officials of the administration; poor readiness of trade union leaders, trade union activists to protect workers on the basis of labor legislation.
The transition to a market economy has exacerbated the situation in many organizations, exacerbated the causes of labor disputes. Due to lack of funds, many organizations are forced to temporarily completely or partially stop work. A significant number of enterprises have been liquidated. Many workers were laid off. Unemployment has become ubiquitous. Differences in working conditions and in the amount of wages increased sharply. On the one hand, the minimum wage was significantly lower than the subsistence level; on the other hand, wages were no longer limited to a maximum size. This was facilitated by significant changes in labor legislation that have occurred in recent years:
1) the use of international legal acts and international legal norms in the system of labor legislation of the Russian Federation;
2) delimitation of powers between federal state authorities and state authorities of the constituent entities of the Russian Federation in the field of labor relations, i.e. the possibility of regulating labor relations by the authorities of the constituent entities of the Russian Federation;
3) expansion of local regulation, as well as the establishment of working conditions through individual labor contracts; weakening of the centralized way of regulating labor relations;
Trade unions, intended by law to represent the interests of workers and protect their rights, do not always actively and effectively contribute to resolving disagreements between workers and the administration, do not use all the means at their disposal for this purpose.
The weakening of supervision and control over compliance with labor laws also played a negative role. Creation of new state bodies for supervision and control over compliance with labor legislation - the State Labor Inspectorate (according to the Decree of the President of the Russian Federation of March 9, 2004 No. 314, the Ministry of Labor and Social Development of the Russian Federation is abolished after the entry into force of the relevant federal law; the functions of adopting regulatory legal acts are transferred formed by the Ministry of Health and Social Development of the Russian Federation, the functions of control and supervision and the functions of providing public services - the Federal Service for Labor and Employment), etc. - is accompanied by the withdrawal from the competence of the labor inspectorate, which is under the jurisdiction of trade unions, of state power (issuance of binding orders, imposition of fines). As a result, the number of violations of workers' labor rights has sharply increased, and the legal responsibility of administrative officials for such violations has decreased.
To eliminate the causes of labor disputes, means and methods should be used that affect each of them and in a complex manner. However, even if all the necessary measures are taken, it is unrealistic to completely eliminate the causes of labor disputes. Labor disputes will not disappear. Their total number may decrease. There may not be disputes on some specific issues, the causes of which are completely eliminated. Disputes may arise on other issues that did not exist before. Therefore, labor disputes will exist for the foreseeable future.

§ 2. Classification of labor disputes

Finding out the type of labor dispute helps to correctly determine its initial jurisdiction and the procedure for its resolution.
All labor disputes can be classified into types on the following three grounds:
1) for the disputing subject:
a) individual
b) collective;
2) by the nature of the dispute;
3) by the type of disputed legal relationship.
For example, disputes about a transfer, an increase in the qualification level of an employee, dismissal, etc. are individual, and disputes of a trade union committee or labor collective with an employer, its administration that arise when concluding a collective agreement, when approving bonus provisions or other local regulations , are disputes of collective significance.
An individual labor dispute differs from a collective one (Article 398 of the Labor Code) both in its subjective composition and in the content of the subject of the dispute. In individual disputes, the subjective rights of a particular employee, his legitimate interest are contested and protected. In collective disputes, the rights, powers and interests of the entire labor collective (or part of it), the rights of the trade union committee as a representative of workers in a given production on issues of labor, life, and culture are contested and protected. In collective disputes, the powers of labor collectives, their vital interests, are also protected from the willful dictates of the administrative apparatus, including ministries, departments as the higher management body of this labor collective.
Collective disputes can arise from three legal relations: the legal relations of the labor collective with the employer, its administration, including the higher management body, and from the legal relations of the trade union committee with the administration, as well as new social partnership legal relations that have appeared in recent years between representatives of workers and employers with the participation of executive bodies. authorities at the federal, regional, territorial and sectoral levels. Therefore, collective disputes are divided according to the subject into disputes between the labor collective and the employer and disputes between the trade union committee and the employer, and at the four higher levels indicated, where the disputing subjects are different, there are also disputes over partnership agreements.
Labor disputes and the procedure for resolving them are one of the most important forms of self-defense by an employee (employees) of their labor rights and interests, because without their initiative to apply to a jurisdictional body for resolving disagreements not resolved by the parties themselves, a labor dispute will not arise, and this form must be expressly stated in Art. 379 of the Labor Code of the Russian Federation in accordance with Art. 45 of the Constitution of the Russian Federation and Art. 21 of the Labor Code, providing for the right of everyone to protect their labor rights and legitimate interests in all ways not prohibited by law.
Thus, according to the nature of the dispute, all labor disputes are subdivided into two types:
1) disputes about the application of the norms of labor legislation established by it, collective or labor contracts, agreements of rights and obligations. Such disputes can arise from all legal relations in the sphere of labor law, i.e. both from labor and from all other derivatives of them. In such disputes, the violated right of the employee or trade union committee or the authority of the labor collective is protected and restored. These are disputes about rights, and their absolute majority among individual labor disputes;
2) disputes about legitimate interests, i.e. on the establishment of new or changes in existing socio-economic conditions of work and life, not regulated by law. Disputes of this type may arise from an employment relationship - on the local establishment of new working conditions for an employee (a new vacation period according to a vacation schedule, a new tariff category); and from all legal relations (social partnership) of a collective organizational and managerial nature.
The Labor Code provided for a unified procedure for resolving individual labor disputes, both about labor rights and legitimate interests.
According to the legal relations from which a dispute may arise, all labor disputes are divided into disputes arising from:
1) labor relations (their absolute majority);
2) employment legal relations (for example, a disabled person not accepted by reservation or another person with whom the administration is obliged to conclude an employment contract);
3) legal relations for supervision and control over compliance with labor legislation and labor protection rules (for example, the actions of a sanitary inspector who closed the work site, a technical or legal state inspector of the State Labor Inspectorate who imposed a fine on an official, etc.) are disputed;
4) legal relations for the training of personnel and advanced training in production (for example, on the quality of training in second professions, etc.);
5) legal relations for compensation of material damage by an employee to an enterprise (for example, the size of the deduction made by the administration from wages for the damage caused is disputed);
6) legal relations for compensation by the employer of damage in connection with damage to his health at work or violation of his right to employment;
7) legal relations of the trade union with the employer on issues of labor, life, culture (for example, on the timing of the revision of production standards, the adoption by the employer of a local normative act in case of objection of the trade union);
8) legal relations of the labor collective with the employer, administration (for example, in the election and approval of economic managers, work plans);
9) social partnership legal relations.
The classification of individual labor disputes according to the indicated grounds is necessary in order to correctly determine its jurisdiction, nature and subject matter of the dispute for each labor dispute. And for this it is necessary to understand whether this is an individual or a collective dispute, about the application of labor legislation or the establishment of new working conditions, changes in existing ones and from what legal relationship it arose.

§ 3. Jurisdiction of labor disputes

The question of the jurisdiction of labor disputes is the definition of the form of protection of a given labor right or interest.
Proper and prompt resolution of labor disputes contributes to the protection of the labor rights of citizens and their labor collectives, the restoration of violated rights and the strengthening of law and order in the field of labor. This is also the aim of the correct definition of the jurisdiction of labor disputes, which must be checked when accepting a statement on the dispute.
The jurisdiction of labor disputes and the competence of the dispute resolution body are two closely related concepts, but they are not identical or equivalent.
The competence of the body is the legal field of activity, determined by its various functions in the field of labor disputes. Competence includes both the authority to accept a dispute for consideration, and the authority to consider disputes in compliance with a certain procedural order and make a decision on disputes, etc. Competence is characterized by a complex of its three elements: rights, duties, responsibility. The jurisdiction of disputes affects only the first of the specified powers of the body, i.e., the power to accept the dispute for consideration, and it is the dispute that is subordinate to this body. The jurisdiction of the dispute is determined by law. But the law has not established, unfortunately, scientifically based criteria, why some labor disputes are under the jurisdiction of this body, while others are not. The initial jurisdiction of a labor dispute is determined by the properties and content of the dispute.
Jurisdiction is a determination by the properties and content of a labor dispute in which body this dispute should initially be resolved. Such an indicator in individual disputes is the nature of the dispute and the legal relationship from which the dispute arises, as well as in some cases the subject and object of the dispute. Therefore, when determining the jurisdiction of each specific labor dispute, one must first find out what type of dispute, i.e., individual or collective. If individual, then determine its nature: on the application of labor legislation or on the establishment of new working conditions, and then to establish from what legal relationship it follows. If you do not find out the indicated properties of a specific labor dispute, then you can incorrectly determine its jurisdiction. It should be noted that the decision on a dispute that is not under the jurisdiction of this body is subject to cancellation.
The jurisdiction of labor disputes must be distinguished from the right of citizens to complain that they bring to a higher authority in relation to the one they are complaining about. The established procedure for considering labor disputes, including their jurisdiction, does not deprive an employee of the right to apply to a higher authority or administration with a complaint about the actions (inaction) of a particular leader. For example, a dispute about the dismissal of a driver of an enterprise to reduce staff is subordinated directly to the court. But the driver can also apply to the higher administration with a complaint about illegal dismissal. And if the administration refuses to reinstate at work, and the court, resolving this dispute, restores it, then the court decision will be executed. When a labor dispute is under the jurisdiction of another body, then when an employee files a complaint with a higher administration, it is no longer resolved in the procedural form of considering a labor dispute.
The correct determination of the jurisdiction of a particular labor dispute is of great practical importance, since the resolution of the dispute by an unauthorized body has no legal force and cannot be enforced.
All individual labor disputes according to their jurisdiction to one or another body can be divided into the following four groups:
1) considered in a general manner, when the CCC (commission for labor disputes) is a mandatory primary instance, after which the dispute can be submitted to the court. In a general order, starting with the CCC and further in court, disputes arising only from an employment relationship are considered. Disputes related to labor relations are not considered in this order, since CCC cannot resolve them;
2) considered directly by the court;
3) resolved by a higher body in a special order (then they can be decided by the court);
4) disputes with an alternative jurisdiction at the choice of the employee: in a higher authority or in court.
Collective disputes have a single jurisdiction and are considered, starting with a conciliation commission, then by a mediator and labor arbitration.
Attributing a dispute to one of these groups means at the same time that other bodies are either not authorized to consider this dispute, or can consider it only after it has passed the initial (necessary) stage of proceedings for this group of disputes. Consider each of these groups of disputes.
Individual disputes, both on the application of labor legislation and on the establishment of new conditions, are subject to the various bodies indicated above, depending on the content of the dispute and the type of legal relationship.
In a general manner, starting with the CCC, the majority of individual disputes arising from labor relations are considered, but not all. Thus, the KTS considers disputes within its jurisdiction over wages, the application of production standards and established rates, the return of amounts illegally deducted from wages and other disputes between an employee and an employer and his administration. All other disputes between the subjects of labor relations, unless otherwise provided for them, are also considered by the CCC.
A different procedure is established by law for disputes considered either directly by the court (i.e., without consideration by the CCC), or by a higher authority.
The jurisdiction of disputes on compensation for material damage is determined depending on which side of the legal relationship suffered damage. So, disputes about compensation for damage caused by an employee to an employer are considered directly in court at the suit of the employer. If the administration withheld from the employee’s wages amounts in compensation for damage, and the employee considers this illegal, then the subject of the dispute will already be illegal withholding, and it is under the jurisdiction of the CCC, where the employee applies for the return of the withheld amounts. Disputes about collective financial responsibility are resolved directly in court, since this is always full financial responsibility.
The court directly considers all disputes about compensation by the employer for harm caused to the employee in connection with his labor injury or other damage to health at work, when the employee does not agree with the decision of the employer or did not receive the employer's response to your statement. The limitation period for these disputes does not apply.
Alternative jurisdiction of some labor disputes is jurisdiction at the choice of the employee in a higher body or in court. It appeared with the adoption of the Federal Law of 1995 on the federal public service, paragraph 2 of Art. 9 of which established such jurisdiction of labor disputes for civil servants. This can be explained by the fact that CCCs are not created in state authorities and administrations. At the same time, international standards require that the employee has the right to protest the procedure that he went through, objecting to the actions of the employer. The second category of labor disputes with alternative jurisdiction is labor disputes on compensation for harm to an employee (his family) in the event of an accident at work. With them, the victim (his family) can apply to the State Labor Inspectorate or to the court.
The Labor Code of 2001 expanded the alternative subordination of labor disputes by establishing in part seven of Art. 193, that disputes about the imposition of disciplinary sanctions on employees are considered by the State Labor Inspectorate or the body for the consideration of individual labor disputes.
But the Russian legislator has not yet issued a law on the procedure for considering labor disputes by a higher body, although, as we see, it is increasingly expanding the alternative jurisdiction of labor disputes. Therefore, before the adoption of the Russian law, one should be guided here by Section IV of the Law of the USSR of March 11, 1991 "On the procedure for resolving individual labor disputes."
With the creation of the State Labor Inspectorate and its local bodies, disputes about compensation by the employer to the employee of harm in connection with an accident at work have the right to consider these bodies. And as practice shows, many victims of an accident at work apply to the State Labor Inspectorate. Therefore, we can say that here, at the choice of the injured employee (the family of the deceased), there is an alternative jurisdiction for such disputes: directly in court or first, as a pre-trial stage, in the body of the State Labor Inspectorate.
Higher authorities (superior administration) have the right and are obliged to consider any complaints received from employees against the actions of lower authorities, including labor disputes under the jurisdiction of the CCC and the court. However, special federal laws have established that higher authorities consider labor disputes of judges, prosecutors, their deputies and assistants on issues of dismissal, changing the date and wording of the reason for dismissal, transfer to another job, payment for forced absenteeism or performance of lower paid work and the imposition of disciplinary sanctions, their certification.
Thus, judges' disputes according to the Federal Law of June 26, 1992 "On the Status of Judges in the Russian Federation" are considered by higher qualification boards of judges, and disputes on the termination of a judge's powers are considered by the Supreme Court of the Russian Federation. Disputes of prosecutors, their deputies and assistants, as well as investigators of the prosecutor's office on these three issues are resolved in accordance with the Federal Law of January 17, 1992 "On the Prosecutor's Office of the Russian Federation" (as amended on December 23, 1998) Prosecutor General or a prosecutor superior to the one who fired them, transferred them, or imposed a penalty. After consideration of their disputes by higher authorities, all these categories of workers have the right to apply to judicial protection.
A civil servant has the right to apply to the relevant state bodies or to the court with disputes, including on the conduct of qualification examinations and certification, their results, the content of the issued characteristics, admission to the civil service, its passage, translation, dissertation civil liability, as well as those related to the violation of his rights and guarantees.
All social security disputes are an area of ​​social security law. KTS does not solve them. For example, a dispute about the right to benefits between an employee and the social insurance commission is resolved by the trade union, and a dispute between an employee and a trade union about a ticket is resolved by a higher trade union body, and about benefits - by a social protection body.
Only higher trade union bodies have jurisdiction over disputes between administration officials and technical and legal labor inspectorates of trade unions. The actions of state inspectorates (sanitary, etc.) are appealed to their higher authority, and on the imposition of a fine - to the court at the place of residence. The decisions of the inspectors of the State Labor Inspectorate can be appealed against by the head of the State Labor Inspectorate by subordination, the Chief Inspector of the State Labor Inspectorate or in court, i.e. These are also disputes with alternative jurisdiction.
The jurisdiction of collective labor disputes is the same both on the application of labor legislation and on the establishment of new working and living conditions for workers. It is defined by the Law on Collective Labor Disputes and Chapter 61 of the Labor Code of the Russian Federation.
In case of a dispute between the council of the labor collective and the administration and if the administration disagrees with the decision of the STK, the issue is resolved at a general meeting (conference) of the labor collective. The dispute between the trade union and the employer about the local establishment of new working conditions (for example, when revising new labor standards, when approving the vacation schedule, etc.) is now decided by the State Labor Inspectorate or the court (see parts four and five of Article 372 of the Labor Code ), i.e. this is the only collective labor dispute with alternative jurisdiction and the trade union can start the procedure for considering a collective dispute by a conciliation commission. It should be borne in mind that the administration is not given the right to appeal somewhere the refusal of the trade union to give consent to certain of its law enforcement actions.
It is easy to see that permanent bodies are called upon to resolve labor disputes in accordance with Russian legislation.
This is a national system of specialized bodies for the resolution of labor disputes. We do not include in it the Constitutional Court of the Russian Federation and the constitutional (charter) courts of the constituent entities of the Federation, which speak about the law, and not about the fact, higher authorities in the order of subordination, the Federal Labor Inspectorate, and the European Court of Human Rights. The latter can consider disputes, while imposing obligations not on the parties to labor relations, but on the state. But there are also non-specialized bodies, whose competence, due to certain circumstances, may include consideration of individual labor disputes. We are talking about the judicial procedure for considering individual labor disputes in the course of the bankruptcy procedure of an enterprise.
Arbitration courts should be included among non-specialized bodies considering labor disputes during bankruptcy proceedings.
Disagreements arising between the employees of the debtor enterprise and the arbitration manager maintaining the register of creditors' claims, on the issues of the composition and size of claims for remuneration and payment of severance pay to persons working under employment contracts (this list is exhaustive) are considered by the arbitration court in the manner prescribed by Article 60 of the said Law. An employee, in the presence of these disagreements at any stage of the insolvency proceedings, has the right to apply to the arbitration court with an application or complaint about the violation of his rights and interests, which are considered in a court session no later than one month from the date of receipt. With a statement on disagreements, the arbitration manager can also apply to the court.
The law does not establish any special requirements for the form of such an application. In any case, it must contain an indication of the arbitration court to which the case is filed, the name of the applicant and his address, a statement of the grounds on which the representative of the workers considers the determination of the composition and amount of claims by the arbitration manager to be incorrect, as well as an indication of why the claims of the workers are legal and justified. In case of disagreement on the size of the requirements, it is desirable to submit an appropriate calculation. In addition, the requirement itself should be clearly formulated, for example, what specific amounts are unlawfully not included by the arbitration manager in the register of creditors' claims. The application must be accompanied by evidence that the person who signed it has the appropriate authority, for example, a certificate from the place of work, a copy of the work book, etc. For a representative of the debtor's employees, such a document will be the minutes (extract from the minutes) of the meeting of employees of the organization of his choice, signed by the chairman and secretary of the meeting, if such demands are made by a group of employees, provided that their demands are identical. In this case, the court will consider these claims together in one court session.
The court has no legal grounds to return such a statement or leave it without movement on formal grounds, for example, by the fact that Article 128 of the Arbitration Procedure Code of the Russian Federation provides for a statement of claim. However, the arbitral tribunal will not be able to consider an application that is objectively impossible to appoint for a hearing, for example, when it is not clear from its content in which case it is filed, the name, address and signature of the applicant are missing.
As for the procedure for consideration of these disagreements by the arbitration court, the corresponding special procedure is not provided for by the legislation. Therefore, by virtue of Article 32 of the Bankruptcy Law, Article 223 of the APC, the procedure for issuing rulings established by the APC of the Russian Federation is applicable. Under such circumstances, in contrast to the decision on the insolvency case, the consideration of these disagreements can be carried out by the judge alone.
The ruling issued based on the results of consideration of the application or complaint must also comply in form and content with the requirements of Article 185 of the Arbitration Procedure Code of the Russian Federation. Until recently, judicial practice followed the path of the impossibility of appealing against such acts. However, the Constitutional Court of the Russian Federation recognized the norms of the said law as inconsistent with the Constitution of the Russian Federation, excluding the right to appeal the rulings. Arbitration courts, at the same time, at the request of interested parties, have the right to use the procedures for appellate review of judicial acts, review due to newly discovered circumstances or review by way of supervision. Now the corresponding rule is enshrined in Art. 60 of the Bankruptcy Law.
The practice of consideration of relevant applications by the arbitration court indicates that the latter recognizes the established requirements for wages in the amount determined by the decision of the court of general jurisdiction, and does not accept additional evidence and arguments of persons participating in the arbitration process in the insolvency case

§ 4. Principles for adjudication of labor disputes

The principles of labor law (or its institutions) are the fundamental principles (ideas) enshrined in legislation that express the essence of labor law norms and the main directions of state policy in the field of legal regulation of relations related to the functioning of the labor market, the use and organization of hired labor . It is possible to formulate a number of principles for such an institution of labor law as labor disputes. These include:
ensuring the protection of labor rights of employees;
equality of the parties to the dispute before the law;
participation of workers' representatives (democratism);
availability of appeal to the bodies considering labor disputes;
ensuring legality in resolving labor disputes;
ensuring the objectivity and completeness of the study of materials and evidence;
free;
the principle of prompt consideration of labor disputes;
ensuring the real execution of decisions on labor disputes;
responsibility of officials for non-execution of such decisions.
Now we will give a description of each principle of consideration of labor disputes separately.
The principle of ensuring the protection of labor rights of workers means the right and obligation of jurisdictional bodies (authorized to resolve labor disputes) on the basis of the law to stop the violation of these rights, to restore them. (For example, if the administration refuses to pay the wages due to the employee, oblige her to do this; in case of illegal dismissal, reinstate the employee at work and pay for forced absenteeism). Regarding the topic of this work, this principle will sound like "ensuring judicial protection of the labor rights of workers." The right to judicial protection is not subject to any restrictions. The provision on the highest legal force and direct effect of the Constitution of the Russian Federation, enshrined in the Constitution of the Russian Federation, means that all constitutional norms have supremacy over laws and by-laws, which is why the courts, when considering specific cases, must be guided by the Constitution. the constitution of the Russian Federation, if the norms of sectoral legislation contain exceptions to this principle.
The principle of equality of parties before the law means that both the employee (workers) and the administration are equally obliged to comply with labor legislation, obey it and the will of the jurisdictional body when resolving labor disputes. The decision of the jurisdictional body is binding on the parties to the dispute.
The principle of democracy (participation of representatives of workers) in resolving labor disputes is expressed:
firstly, in that the bodies for the consideration of individual labor disputes in organizations (commissions for labor disputes) are formed by the labor collective from its composition;
Secondly, in the participation of trade unions as representatives of workers on their side in the process of resolving labor disputes;
third, representatives of employees of the organization (labor collective) or trade union participate in the bodies for the consideration of collective disputes (conciliation commissions, labor arbitration).
The accessibility of applying to the bodies for the consideration of labor disputes is ensured by the creation of such bodies directly in organizations (for example, KTS, conciliation commissions), the proximity of the courts to the place of work of the employee applying there.
The principle of ensuring legality in resolving labor disputes is expressed in the use by jurisdictional bodies of laws, other normative legal acts and making decisions on disputes only on their basis. Jurisdictional bodies are not entitled to be guided by considerations of expediency (inexpediency), other motives, except for the regulatory legal framework.
The principle of ensuring transparency means the openness of the meetings of all bodies considering labor disputes, the possibility of attending them by everyone. So-called "closed" meetings are possible only if the issue of maintaining state or commercial secrets arises when resolving a labor dispute.
The principle of ensuring the objectivity and completeness of the studied materials and evidence requires the jurisdictional authorities to consider the case exclusively on the basis of a comprehensive consideration and in full of all available materials and evidence, correlate them only with the law, and not allow a subjective approach to the case and its parties.
The principle of free of charge is directly enshrined in the law. When submitting applications to bodies that consider labor disputes directly in organizations, to other bodies on individual and collective labor disputes, the law does not provide for any payment for their services. When filing a claim with the court for claims arising from labor relations, employees are exempted from paying court costs to the state. Trade union members do not pay for the services provided by trade unions (legal protection services, trade union legal advice, etc.) in protecting their labor rights and interests in the process of resolving labor disputes. Workers who are not members of a trade union can receive assistance from them on terms determined by agreement (as a rule, such services are paid).
The principle of speed of consideration requires the bodies resolving labor disputes to comply with the short deadlines that are provided by law for the performance of all actions related to the consideration of such cases (as a rule, a labor dispute must be considered within 10 days). The law also establishes the deadlines for applying (submitting an application) to jurisdictional bodies. Missing the deadline for filing applications for labor disputes does not deprive employees of the right to seek protection in jurisdictional bodies. They can be restored by these bodies.
The principle of ensuring the real execution of decisions on labor disputes is implemented with the help of a special mechanism enshrined in the law of coercive influence on the administration if it does not voluntarily comply with a decision on a labor dispute, as well as bringing the responsible managers and officials to justice. Enforcement of decisions of jurisdictional bodies is ensured by the issuance of special certificates by them and their enforcement with the help of bailiffs.
The responsibility of officials for non-execution of decisions of bodies considering labor disputes, as a principle of considering labor disputes, is manifested in the possibility of bringing guilty officials to various types of legal liability (disciplinary, material, administrative).

The process of carrying out labor activity is often associated with various kinds of conflict situations between the head of the enterprise and employees subordinate to him. The Labor Code, an individual or collective labor contract, and the judicial system contribute to the resolution of existing contradictions. If the parties do not have points of contact and peaceful resolution of the situation, it is permissible to talk about the beginning of a labor dispute.

The end result of a dispute is its resolution.

In Art. 37 of the Constitution of the Russian Federation indicates the possibility of employees and management entering into an individual or collective labor dispute. The definition of such a dispute is contained in Articles 381 and 398 of the Labor Code of the Russian Federation. The manager and the employee are offered for use such concepts as individual and collective labor disputes.

A labor dispute is any contradiction between the manager and his employee, the reason for which was:

• change in working conditions;
• salary reduction;
• unilateral change of the labor agreement;
• refusal of the entrepreneur to listen to the demands of subordinates.

A dispute over this type of relationship develops with the intervention of a third party - a specially created commission, a trade union organization, a court.

The term "labor dispute" in Russia was first used in 1971. Prior to this, to give legality to the contradictions that had arisen, the concept of “labor conflict” was used, which was fundamentally wrong, since it provided for the use of exclusively conciliatory procedures. A conflict that arises before the intervention of specially authorized bodies in it is considered solely as a disagreement between the parties, or a labor offense that served as a reason for such a disagreement. These terms should not be confused.

If a dispute arose between the team and its leader, it can be resolved without external interference. An individual dispute cannot be resolved in this way.

The concept of a dispute includes the conditions (grounds) for its occurrence. As such, the situation created at the enterprise, or circumstances that directly affect the implementation of labor activity, is considered.

Each labor dispute has a specific reason, basis, classification depending on the specific object, subdivision into varieties. The end result of the dispute is its resolution.

Classification of labor disputes

The correct classification of a labor dispute is the key to its successful resolution.

A necessary condition for clarifying the causes of the dispute, the order in which it is considered and resolved, is its classification. At the same time, the type of labor dispute is related to its jurisdiction.

The legal basis of the dispute is the reason for highlighting in it:

• Claim disputes. The subject of the dispute is the discovered violations in the field of labor law. It does not matter whether the violation actually occurred, or whether the employee treats management from a biased point of view. The parties to the dispute may be one or more employees. This dispute concerns the already existing working conditions adopted at the enterprise.
• Conflicts of a non-competitive nature. This category includes disagreements about the introduction of new working conditions at the enterprise, or making adjustments to existing ones.

The nature

In such a dispute, there are:

1. contradictions in the norms of labor legislation used;
2. doubts about the legality of the actions taken.

The conflict over the norms of labor law, in the process of settlement, is designed to protect the rights of the employee, the trade union committee, and the team. Such disputes are most often individual in nature, since they are aimed at protecting rights.

The controversial situation, the cause of which was the actions taken by the employer, is most often due to an attempt to establish new or change the working conditions used. Such disputes are related to wages, vacations, duty schedules, other production and social issues.

By the participants in the dispute

The parties involved are either individuals or a team.

If a dispute arose in relation to an individual employee and is related to his transfer to another position, assignment of a qualification rank, or dismissal, then such a dispute is considered as an individual one.

Disagreements that have arisen between the trade union, the labor collective, on the one hand, and the employer, on the other, are classified as a collective dispute. Individual and collective disputes have a different composition, differ in content and subject matter. In the first case, the center of the dispute is the protection of the rights of an individual worker, in the second, the protection of the rights of the collective as a whole. When considering collective disputes, it is customary to single out:

1. disputes between the labor collective and the head of the enterprise;
2. disputes in connection with existing partnerships;
3. disputes between the trade union organization and the employer.

By type of employment relationship

1. labor relations;
2. employment;
3. an attempt to control compliance with labor laws;
4. providing the enterprise with personnel;
5. raising the level of education of employees;
6. compensation for damage due to an industrial injury;
7. the relationship of the trade union organization regarding the norms of labor, life and culture;
8. social partnership relations.

Possession of information on the classification of the dispute is significant for the subsequent determination of the jurisdiction of the dispute and the procedure for its resolution.

Grounds and reasons for a labor dispute

There are various reasons for starting a labor dispute.

The grounds (conditions) for the emergence of a dispute are:

• legal disputes;
• economic disagreements;
• social divisions.

Thus, the employer’s lack of the necessary knowledge often causes a violation of the employee’s rights and leads to a legal dispute. The employer may not know exactly how specific documentation is maintained, have no idea about the procedure for paying bonuses and benefits, all this can become a cause for conflict.

At the same time, the organization's lack of the necessary resources to pay for labor and fulfill its obligations on labor protection can become a serious basis for an economic dispute. Such disputes entail serious social consequences, among which deserves special attention:

• reorganization of the enterprise with subsequent staff reduction;
• liquidation of the organization, which is accompanied by the dismissal of employees;
• rising unemployment;
• an increase in the number of disadvantaged families whose breadwinners were fired from the enterprise.

The reason for social discord can be the gap that exists between the wages of workers of the same category and qualifications, as well as between the wages of low-paid and high-paid categories of workers.

A labor dispute arises for subjective or objective reasons. Subjective reasons are related to the bureaucracy of the governing apparatus, departmental interests, and the lack of necessary information from stakeholders. Objective reasons are associated with shortcomings in the organizational and legal framework, incorrect material and moral motivation of labor, and existing gaps in the legislative framework.

Resolution order

A labor dispute commission is created in the event of an unresolved conflict between employees and superiors.

In the event of unresolvable contradictions between employees and management, a special commission on labor disputes is created. It is the body of first instance and operates within the organization itself. Members of the commission are representatives of the labor committee, the trade union and the employer. The creation of a commission is possible in organizations with a staff of 15 or more people.

This body is created by voting at the meeting of the collective. At the same meeting, the working hours and powers of the commission are determined. To join the commission, an employee or a representative of the employer must receive more than half of the votes of those present.

The start of the work of the labor commission is initiated by the employee. To do this, he must apply with an appropriate application to the administration. The application received must be registered. From the moment of violation of the rights of the employee and until the filing of an application provoking the collection of a commission, no more than 3 months should pass.

Applications of employees are considered within 10 days. The employee has exactly the same right to attend the meeting of the commission as representatives of the employer. The absence of interested parties may be the reason for the temporary suspension of the work of the commission. If the employee does not want to be a witness to the consideration of his case, he is obliged to send a written notification to the commission. In this case, the work of the commission initiated by him will be continued.

The interests of the employee can be defended by a representative sent by him.

A meeting of the commission cannot be recognized as having taken place if:

• it was attended by less than 50% of the elected members;
• members of the commission experience moral and physical pressure;
• there is pressure on the employee, as well as on employees who agreed to act as witnesses.

The decisions taken by the commission are recorded in a special protocol. After the end of the next meeting, this document is signed by the chairman and his deputy.

If necessary, the chairman of the commission may request documents and calculations related to the case from the management of the enterprise, as well as involve various specialists and representatives of public organizations in the work.

The decision of the commission is made on the basis of the receipt of a majority of votes from all its members.

For the commission, you must provide all the necessary documents.

Upon completion of the work, a special document is drawn up, including:

• name of company;
• the initials of the employee;
• the date on which the committee was convened;
• the date of the dispute;
• the essence of the contradictions that have arisen;
• a list of persons participating in the activities of the commission;
• result of activity;
• motivation.

Within 3 days after the completion of the work of the commission, the parties to the conflict receive certified copies of the decision.

The adopted decision can be appealed by each of the parties to the conflict in the local court. At least 10 days are allotted for filing the relevant claim. The absence of a complaint is a reason for the implementation of the decision decided by the commission. Deadline for execution - 3 working days from the date of receipt of copies.

Fearing the bias of the commission, the employee can bypass the procedure for convening it and go directly to the court. The court considers disputes relating to the refusal of an employee to hire, compensation for an industrial injury and the illegal work of the labor commission. Both parties to the dispute have the right to resort to judicial assistance.

When filing a claim, it is important to keep time limits in mind. Thus, employees who consider themselves unlawfully dismissed from their positions have the right to file a claim no later than 1 month after the dismissal procedure. At the same time, it is possible to recover compensation from the employee for the damage caused to the enterprise no later than 1 year after its discovery.

The dismissal of an employee is not a valid reason for refusing to take legal action.

If the application does not concern wrongful dismissal, or the fact of damage caused, it can be filed with the court no later than 3 months after the employee receives information about the violation of his rights.

So, a labor dispute is a conflict that has serious legal, economic and social grounds. Disputes in which the whole team is involved and disputes in which one employee is a participant are usually considered in a different order, but they have much in common. To protect their interests, the employee has the right to demand the creation of a labor commission. Upon receipt of an unsatisfactory answer, he can file a lawsuit in court. The first instance in this case will be the district court, but there is the possibility of filing a claim even higher.

From this video you will learn what labor disputes are.

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