Formation of a labor dispute commission (LCC). Creation of a commission on labor disputes at the enterprise

In the event of serious disagreements between the administration and employees at any level, a labor dispute commission begins to work at the enterprise. Its powers are in many ways similar to those of the court, since decisions are binding. How such a body is convened and operates is described in detail in the article.

Such a commission does have broad powers, which in many ways make it similar to a court (although any judicial authority is obviously an authority and has a O greater rights). The legislation defines the commission as a body in which the consideration and analysis of contradictions between employees and representatives of the employer takes place, after which decisions are made on labor disputes.

We are talking about those disagreements that relate only to labor relations - i.e. they contradictions arise regarding the application of the relevant norms. This refers not only to the norms of current laws, but also to the requirements of internal documents at the enterprise (for example, job descriptions, employment contracts themselves, etc.).

The members of the commission make a decision that is binding. Time frame for completion: 3 working days. The decision can be appealed (like a court decision), but no later than 10 working days.

Disputes considered by the commission

Representatives of this body may not consider all categories of disputes, but only within the following issues:

1. Changing certain terms of the employment contract with which either party does not agree.
2. Contradictions arising in connection with the conditions for the formation of wages, as well as compensation for work on weekends, overtime, etc.
3. Imposition of any disciplinary sanctions (or their removal) - for example, a reprimand, fines for being late, etc.

Disputes that cannot be considered in the CCC

All other contradictions can only be resolved in court. This can be a variety of situations, the most common are the following:

1. Any change in position, including transfer to a new place of work within different branches/structural divisions.
2. Refusal to hire a new person.
3. Reinstatement to the old job after dismissal (for any reason).
4. Compensation payments related to the situation of forced absence.
5. Disputes regarding the payment of compensation related to the fact that an employee was forced to transfer to a position in which labor is paid at a lower rate.
6. Violations by the employer related to the processing of personal data of employees (including document data).
7. Claims from employees who believe that they have suffered moral damage due to discrimination on any basis (nationality, gender, etc.).
8. Also, the commission cannot consider labor disputes regarding damage caused by an employee to his company (for example, damage to property, theft of third parties due to oversight, etc.).

Thus, even if the commission starts a meeting in connection with such problems and makes a decision, it cannot be considered legal: only an appeal to the court is possible.

Regulations on CTS

Before convening an advisory body, the employer must ensure that the meeting is legal. At each enterprise, a Regulation is developed and signed, which sets out the main points on the work of the commission. The standard form of the document contains the following sections:

1. A clear listing of the powers of the CCC, designation of the subject of its work.
2. The procedure for convening an advisory body.
3. The procedure for the work of the body - how, who, in what number will sit, how decisions are made, what reporting documents are signed, etc.
4. A specific description of the rights and responsibilities of members serving in the body.
5. The procedure for an employee to apply to the CTS: deadlines, grounds, procedure.
6. The procedure for making and processing decisions.
7. Features of the execution of decisions made.

In fact, all these aspects of work are regulated by the Labor Code, so the company has the right to take the current code as a basis. You can also download a sample document from open sources - it looks like this.

Procedure for convening and working: step-by-step instructions

In general, all participants in labor relations have the right to convene - both the employee himself and the employer’s representative. Moreover, they can initiate a meeting at the same time, i.e. submit the corresponding application jointly. Representative bodies also have the right to initiate:

• trade unions;
• workers' meeting.

Thus, even one employee can apply to start working as a CTS.

Step 1. Submitting an application: sample

In order for the commission to start working and consider a specific labor dispute, the interested person should submit an application according to the established form. A standard form is developed in each company, its form is standard:

1. A header indicating the addressee (i.e. the commission itself) and the applicant (full name, position).
2. The subject of the appeal is a detailed, specific description of a controversial situation (or set of cases) that is considered unfair by the party. If necessary, they substantiate their statements with references to legal norms, their own employment contract, as well as other documents (for example, job descriptions).
3. The petition part is one or more demands (in the form of a list) that the applicant presents.
4. Attachments – a list of originals or copies of documents that a party attaches to its application.
5. Date, signature, signature description (last name, initials).

The submitted application must be registered in the company’s internal documents (in the registration journal). The date and signature of the responsible member of the commission are indicated.

APPLICATION DEADLINE. It is important to understand that the applicant must contact the CCC and submit the specified application within 90 calendar days from the moment the controversial situation arises. However, this period may be extended if the employee did not have an objective opportunity to apply on time (for example, he was sick). Accordingly, the applicant must provide documents that prove that the reason is valid.

Step 2. Formation of the composition of the commission

After registering the fact of receipt of the application in the journal, the CTS must begin work within 10 calendar days.

The commission is always convened only when necessary. And its composition is determined in advance, and the legislation provides only general requirements for members:

1. There should be an equal number of them from each side (for example, 3 people from the team and 3 people from the administration).
2. They must represent the interests of the parties (i.e. they are either employees or representatives of the employer, and not outsiders).

Thus, in theory, any (equal) number of members can be present. At the same time, they must choose a chairman and his deputy. A quorum represents the presence of at least half of the representatives on both sides.

Step 3: Getting started: who should be present

The applicant must be present at all meetings of the advisory body. In this case, the employee may not appear in person, but:

• send your representative;
• indicate in the statement that he agrees that the case will be considered without his personal participation.

If the applicant fails to appear once, the CCC postpones the meeting. If he does not come a second time for an unexcused reason, CTS has the right to suspend work. In this case, the employee can submit an application again and initiate the work of the commission on the same issue. However, if an employee withdraws his application, this means that he will no longer be able to convene a commission on this issue. However, this does not deprive him of the right to go to court.

Step 4. Work order: samples of documents to be drawn up

The body considers problematic situations during meetings. There can be quite a few of them, and on almost every working day, members of the CCC must submit a report - a protocol of a certain sample (the specific form is established at the enterprise).

The minutes include a date and a note indicating the attendance of all members of the meeting (including invited witnesses, observers, experts, etc.). They record the statements of the parties, the key points of the meeting, and also record all documents and other evidence that the parties present to each other. In essence, the hearing is conducted in the same way as it is in court.

The CTS must use its own seal, and not the general imprint of the employer.

Step 5: Making a decision

The advisory body makes decisions by secret ballot. One person casts one vote, and the decision is made by a simple majority. If the number of votes is the same, an additional discussion is scheduled until a majority is obtained.

The Labor Dispute Commission serves as the local executive body of the enterprise.

It can be created both at the initiative of employees and the employer. The commission is designed to resolve disagreements between workers and management.

Knowledge of the law on convening a commission on labor disputes allows you to effectively protect interests in payment, working conditions, social guarantees and other important aspects of labor activity.

The creation of a labor dispute commission (LCC) makes it possible to resolve conflicts at an enterprise even before going to court.

However, if no attempts have been made to negotiate directly, the CCC still cannot refuse to consider the problem. Before convening, he will try to bring the employee and the employer into dialogue in order to reconcile them.

It is convened in such a way that it includes an equal number of participants from each side. In large organizations, there may be several labor commissions in different structural divisions.

Who initiates the creation

The initiative to create can come from:

• Employee.
• Employer.
• A body that protects the interests of the employee (for example, a trade union).
• By agreement of both parties.

An equal number of representatives from both sides is determined.

To do this, a written proposal to create a commission is sent to employees and the head of the organization. Within 10 days, the parties send their elected representatives.

Delegates from the enterprise administration are usually appointed by the manager. Members of the working group are elected either at a general meeting of employees, or the body for protecting the interests of employees immediately delegates a team of employees, and it is approved at a general conference of employees. If not approved, the team members are reviewed.

There are two sides as opponents in labor disputes. If everything is clear with the employer, then the other party may not only be the person currently working at the enterprise.

The following also have the right to convene a commission:

• Former employees. Can defend issues that arise while working at the enterprise.
• Employee candidates. If a person wanted to get a job at a company, but was refused for a number of reasons. When the reasons seem unreasonable, he may ask for a meeting of the CCC.

Competence of the commission

The CCC resolves contradictions that arise when management implements federal and local legislative labor standards.

The commission considers claims not only from current employees, but also from former employees, as well as those who were not hired without sufficient grounds.

The Labor Dispute Commission considers issues related to:

• a or .
• , its execution.
• Co and (reprimands, dismissal).
• With payment or travel allowances.
• Other issues not resolved directly with the employer.

The CCC cannot consider the following issues (they can only be resolved in court):

• Payment of compensation for absenteeism due to a valid reason or difference in salary in case of demotion.
• due to the fault of the organization.

Even in these matters, the employee turns to the commission. His further actions depend on the decision she makes.

The competence is described in Art. 385 Labor Code of the Russian Federation. The jurisdiction of the CTS includes only. That is, between one employee and the employer or many employees with the manager, if their issues are different. The definition of an individual dispute is in Art. 381 Labor Code of the Russian Federation.

Procedure for considering an individual labor dispute

The procedure for considering a dispute is set out in Art. 387 Labor Code of the Russian Federation. The exact order of the meeting is not described in it. It is only known that in order to recognize a meeting as legal it is necessary:

• The presence of at least half of the declared members from both the employee and the employer.
• Keeping minutes of the meeting.
• The minutes must be signed by the chairman or his deputy and certified by a seal.

Features of the CCC meeting:

• The basis for a meeting of the CCC is a written request from the employee, subject to registration.
• The CCC may refuse to consider a case only after a meeting if it turns out that it is not within its competence.
• The duties of secretary and chairman are performed alternately by representatives of both parties.
• The right to challenge a member of the CCC does not apply.
• The CCC does not change a decision that has entered into legal force.
• The meeting is held in the presence of the employee. An exception is a written statement about the reasons for absence.
• The meeting is open, everyone can speak.
• Research and discussion of the issue ends with a decision.
• The decision must be justified and comply with labor laws.
• The dispute is resolved within 10 days.
• The commission's decision is final and must be executed within 3 days after the 10-day appeal period.

Application deadlines

The deadline for applying to the CCC is regulated by Art. 386 Labor Code of the Russian Federation:

• The employee is obliged to file an application no later than 3 months after he learned about the violation or should have known.
• If the deadline was missed for a valid reason, the commission may resolve the labor dispute on its merits by restoring the deadline.

The term for applying to court is 3 months(limitation period). But:

• Disputes regarding dismissal are considered by the court within a month after receiving a copy of the dismissal order or work record book.
• Disputes about compensation for damage caused to the organization by an employee - within one year from the date of discovery of the damage.

Not only the CCC and the courts have the right to consider disputes. All cases, except reinstatement, can be decided by magistrates or individual judges alone.
The federal labor inspectorate also considers all types of disputes. However, there is no statute of limitations. It is also possible in .

After checking the circumstances of the dispute, the labor inspector issues an order to eliminate violations and sets a deadline for the employer to correct them.

If a conflict situation is brewing at an enterprise, and employees are unable to resolve it, you can resort to the help of a special authorized body. The Labor Dispute Commission will help workers protect their interests before management and defend their rights properly.

Definition

The body in question can be assembled in an organization that employs at least 15 people. All issues related to the creation of the commission are resolved at the general meeting.

The Labor Dispute Commission is the main assistant in resolving disputes at an enterprise. First of all, commission members must have an unbiased opinion. That is why it should include both department heads and ordinary workers.

Members of the commission are obliged to resolve all controversial issues that arise in the team.

Creation order

In order for a commission to be created, certain actions must be taken to encourage the formation of an authorized body.

The creation of a labor dispute commission is not subject to a time frame, so it can be created either to consider one situation or to resolve issues on many controversial issues related to the relationship between the employee and the employer.

The commission functions in accordance with the Constitution of the Russian Federation, the Labor Code of the Russian Federation and the regulations on the basis of which this body is created.

Both employees and the employer can request the creation of a commission. After all, quite often managers become victims of unscrupulous employees.

Education

The labor dispute commission is formed in several stages. First, a condition or good reason for the formation of this body appears. This may include, for example, an offense committed by an employee or manager.

Next comes the formation of the commission itself. Mostly the members of the commission are those citizens who are engaged in public activities. They receive proposals to which a response must be received (regardless of whether it is positive or negative).

After the composition is determined, an order is drawn up. The Labor Dispute Commission is an official body, and accordingly the order on its creation is of an official nature.

Based on the order, the commission receives authority for its activities. The order must contain the following information:

• date of formation of the commission;
• place of its formation;
• locality;
• the reason for the creation of the authorized body;
• approval of the creation of the commission;
• indication of the composition of the commission;
• the condition about the time of meetings and the fact that participation in the commission does not affect the salary;
• manager's signature.

All commission members, as well as employees, must be familiar with this document.

How is a labor dispute commission formed? A sample order for the formation of this body is given below.

Compound

A chairman, his deputy and a secretary are elected from the total number of commission members. These persons regulate the activities of the entire body. Sometimes the case may be considered with the participation of a mediator.

As a rule, the number of commission members does not exceed 15 people. Members of the commission are elected by voting of the entire working team. Leading positions in the commission are also elected by voting, but by members of the commission itself.

Let's take a closer look at the powers of the main members of the commission:

1. Chairman. He is the most important member of the commission. His position is elected by a majority vote. He not only controls the work of the entire commission, but also has the final vote. Consequently, no decision on any matter can be made without the approval of the chairman. A person who is not interested in the outcome of the case is elected to this position. The chairman must sign the decision.
2. Deputy Chairman. This person is no less important when making decisions of the commission. In the absence of the chairman, his deputy controls the work of the commission and also has the right to the last word. While working together, Deputy The chairman is for the most part his advisor and consultant.
3. Secretary. Despite the simplicity of the position, the secretary maintains all documentation and records the entire progress of the process during meetings. Therefore, a responsible and trusted person is always elected to such a position.

Authority

The Labor Dispute Commission has broad powers and its activities cannot be controlled by other structural bodies. It can consider all issues addressed by employees of the team, but the authority of the body does not extend beyond the boundaries of the enterprise.

The commission can resolve issues that arise when the manager applies the rules and regulations established by law or local regulations. In addition to the fact that the commission resolves controversial issues that arise within the team, former employees can also contact the body if the matter concerns illegal dismissal or the imposition of a disciplinary sanction with obvious violations.

Also, those persons who were not hired can apply to the commission, without explaining the reasons for the refusal.

The competence of the commission members includes resolving issues related to:

1. Refund of wages and other payments.
2. Fulfillment of the terms of the employment contract.
3. Payment of funds for overtime work or travel allowances.
4. Imposition of penalties.
5. Other issues that cannot be resolved through negotiations between the two parties.

The commission does not deal with issues that are resolved exclusively in court. These include:

1. Reinstatement.
2. Reinstatement after termination of the contract.
3. Payments of compensation for forced absences.

The decision made by the labor dispute commission is not subject to challenge and is not questioned.

Deadlines

You can contact the commission within 90 days from the date of the conflict situation. During this time, it is assumed that the dispute can be resolved without the assistance of an authorized body. Otherwise, the ability to resolve the situation rests with the commission.

If citizens apply on issues that are not within the powers of the authorized body, this must be done on time. Labor dispute commissions can consider the issue pre-trial. In this case, the judge will have no doubt that they tried to resolve the conflict.

In order for the application to be accepted for execution, the commission has ten days. During this period, it is considered and a decision is made on it. In case of refusal, the response must also be motivated. And you can appeal it within 10 days.

If the decision is positive, then 30 days are allotted for its consideration.

Operating procedure

The start date of the meeting should be set in advance so that all parties to the conflict can be notified. The chairman, his deputy, the secretary and the parties to the conflict must be present at the meeting itself.

The chairman provides an opportunity for the parties to speak, and also listens to those whose opinions may reflect the nuances of the entire situation. Then, when all the arguments have been heard, the commission makes a decision by voting. After its adoption, the decision must be executed within three days.

Decision of the labor dispute commission:

• must be accepted and executed;
• can only be appealed in court;
• subject to immediate execution.

Appeal

An application to the labor dispute commission is considered a fact of appeal. The paper is drawn up in the name of the chairman in free form or on the prescribed form. The universal conditions for drawing up an application are:

• indication of the fact of a conflict situation;
• conditions for aggravating the dispute;
• justification of your position;
• a list of measures that were taken before the application;
• request for conflict resolution;
• date and signature.

Appeal

You can appeal the commission's decision within ten days after receiving a copy of the decision.

The decision made can be appealed if it contradicts legislative norms and does not relate to the powers and competence of the body.

If a dispute arises over dismissal, you can only appeal it in court within 30 days from the date of signing the dismissal order and receiving the employment form.

In the event that a dispute arose regarding the issue of compensation for moral or physical harm that was caused to an employee by an organization, the citizen has a year to act from the moment the fact of harm was discovered.

In addition to the commission and courts, magistrate judges can also consider disputes individually.

So, contacting the commission is the most convenient way to solve production problems. But every employee must remember that this authorized body does not solve all problems, but only those that are within its competence and do not go beyond the production scope.

The CCC is a meeting of representatives of a specific employer and employees, designed to resolve pre-trial labor disputes that arise in the organization.

In order for the commission’s decisions to be as fair as possible, its composition must include an equal number of people representing the interests of the employer and employees (Article 384 of the Labor Code).

Large enterprises may have several commissions in different structural divisions. They have jurisdiction over disagreements between the employer and employees of a particular department.

Legal regulation of CTS activities

The body resolving labor disputes at the enterprise is created and operates on the basis of:

• Constitution;
• Labor Code;
• Local regulations on CTS (regulations, orders, etc.).

How to initiate the creation of a CTS

The initiator of the creation of a commission on labor disputes at an enterprise can be either the employer or the employees.

On behalf of the employer, a person authorized to hire and fire employees in the organization can make a proposal to create a CTS.

Employees can express their will through the body representing their interests at the enterprise. It could be:

Some facts

The labor dispute commission is formed once and subsequently meets when a one-time or repeated violation of the employer in relation to employees is detected.

• Trade union committee (the requirement to create a trade union union is formalized by a decision of the trade union body);
• The general meeting of employees (to formalize its expression of will, publishes the minutes of the meeting).

Regardless of who is the initiator of the creation of the CCC, its decision is binding on the other party. Both the employer and employees are required to delegate their representatives to resolve labor disputes within 10 days.

Stages of formation of the CTS

1. The emergence of grounds for creating a commission. As follows from the previous chapter, this may be a written expression of the will of representatives of the employee or employer. As a rule, they appear after a violation of working conditions committed by the employer.
2. The composition of the commission is being formed. Applicants are sent written proposals to the CCC, to which they respond with refusal or consent. The number of members of the CCC is determined by the parties independently, but the number of delegates from the employer and employees must be the same.
3. Issuance of an order on the creation of a CTS. This official document must be executed in compliance with all office work standards. In terms of content, it should reflect:
   • On whose initiative is the CTS being created?
   • What individual labor disputes does the commission have the right to consider;
4. The composition of the commission, indicating the chairman of the commission, his deputy and secretary.
5. Familiarization of workers with the order. The best option is for all employees to sign the familiarization form, which will be stored along with the order. But this rule is not mandatory; the order can simply be posted in a place accessible to everyone in the organization.
6. Ensuring the activities of the CTS. All concerns about the logistics of the commission fall on the shoulders of the employer. He must provide it with a meeting room, paper and other stationery, and a seal to certify decisions.

As a rule, the labor dispute commission includes at least fifteen people. It is not so easy to get into the seats of the main members of the commission. To do this, you need to go through a voting procedure and only based on its results can you take a place. Thus, only those candidates who receive the required number of votes can fill these seats.

Competence of CTS

The period for filing a complaint with the labor dispute commission is 3 months (Article 386 of the Labor Code). An employee can contact the commission for:

• Invalidation of certain clauses of the employment contract;
• Resolving issues with wages, bonuses, various additional payments;
• Resolving disagreements in the sphere of work and rest time;
• Challenging a disciplinary sanction;
• Solving vacation issues;
• Receiving benefits and benefits that, in the employee’s opinion, were illegally deprived of, etc.

The competence of the CCC does not include (Article 391 of the Labor Code):

• Making changes to labor standards, salaries, staffing;
• Assignment of tariff categories;
• Challenging dismissal;
• Issues of calculating length of service for receiving various benefits.

Watch a video about the tripartite commission for regulating social and labor relations

Procedure for consideration of disputes by the commission

1. Receiving a statement from an employee about non-compliance with his labor rights. The appeal is registered in a special journal of the CTS.
2. Consideration of the application. The meeting of the commission at which the application will be considered must take place no later than 10 days from the date of receipt of the application. At least half of its members must be present at the meeting. The applicant is present at the consideration of the appeal, witnesses and specialists may be invited and heard, and the necessary documents may be requested.
3. Decision-making by secret ballot by a simple majority of votes of members present at the meeting. Copies of the decisions are issued to the applicant and the employer. The decision of the labor dispute commission is subject to execution by all parties to the conflict and can be appealed in court.

We are ready to answer any questions you may have - ask them in the comments

The creation of such commissions is provided for in Russian companies, enterprises or organizations where the number of employees exceeds 15 people. The creation of the commission, as well as the issue of the number of members and their candidates, is decided by the general meeting of the enterprise’s workforce and approved by voting. At the end of the consideration of the issue, a decision is made to create a CCC, which creates undeniable advantages for employees who have the opportunity to protect their rights and labor interests.

To consider this issue, initiative is needed on the part of members of the workforce or the management of the organization. If such an initiative has not been shown, the commission may not be created. Its presence is useful, but not .

The Labor Dispute Commission is a resource in resolving controversial issues who have the right to be involved in the actively developing activities of the organization. It is designed to defend the legal rights and labor interests of members of the workforce, using all possible, within the limits of legal use, methods of solving problems. She is endowed with fundamentally significant powers and the decisions she makes in relation to controversial situations are subject to immediate execution and are not subject to discussion by management or employees.

The CCC must treat the fact of the dispute objectively and impartially. Therefore, it is customary to include representatives from the workforce and the management of the enterprise (organization) in equal proportions. They are intended to resolve all unresolved disagreements that arise between management policies and ordinary employees, if the dispute is of an individual nature.

How the commission is formed is written in Article 384 of the Labor Code of the Russian Federation.

Article 384. Formation of commissions on labor disputes

Labor dispute commissions are formed at the initiative of workers (a representative body of workers) and (or) the employer (organization, individual entrepreneur) from an equal number of representatives of workers and the employer. The employer and the representative body of employees who have received a proposal in writing to create a labor dispute commission are obliged to send their representatives to the commission within ten days.

Representatives of the employer to the labor dispute commission are appointed by the head of the organization, and the employer is an individual entrepreneur. Employee representatives to the labor dispute commission are elected by the general meeting (conference) of workers or delegated by the representative body of workers with subsequent approval at the general meeting (conference) of workers.

By decision of the general meeting of employees, labor dispute commissions can be formed in the structural divisions of the organization. These commissions are formed and operate on the same basis as the commissions on labor disputes of the organization. The labor dispute commissions of structural divisions of organizations can consider individual labor disputes within the powers of these divisions.

The Labor Dispute Commission has its own seal. Organizational and technical support for the activities of the labor dispute commission is carried out by the employer.

The Labor Dispute Commission elects a chairman, deputy chairman and secretary of the commission from among its members.

Authority and Competence

In addition to the formation of stable, effective relationships in the workforce, based on the competent implementation of enforcement proceedings, the commission is authorized to resolve disputes between management and previously employed employees. This process is based on the precedent of a dispute between a former employee and the management of an enterprise that dismissed an employee with a disciplinary penalty, or in cases where certain violations were committed. Citizens who were not hired in accordance with their qualifications can also apply to the labor dispute commission without a reasoned refusal.

Within the competence of the commission includes a wide variety of conflict issues related:

1. With the collection of wages (other additional payments).
2. With the terms and conditions of the employment contract.
3. With overtime pay and travel expenses.
4. With penalties imposed: dismissal, reprimand, imputation of financial liability.
5. Other issues that were not resolved through negotiations between the parties.

Issues are not within the competence of the CCC that can be resolved exclusively in court, such as:

1. Reinstatement.
2. Reinstatement after dismissal.
3. Payment of compensation for forced absence or difference in salary in case of demotion.

However, in the listed cases, the employee not only has the right, but also the obligation, to apply to the CCC in accordance with the pre-trial procedure. Depending on the verdict made by the commission members, the further actions of the dismissed or demoted employee will be determined.

Chapter 60 of the Labor Code of the Russian Federation in Article 385 says:

Article 385. Competence of the labor dispute commission

The Labor Dispute Commission is a body for the consideration of individual labor disputes, with the exception of disputes for which this Code and other federal laws establish a different procedure for their consideration.

An individual labor dispute is considered by a labor dispute commission if the employee, independently or with the participation of his representative, does not resolve disagreements during direct negotiations with the employer.

Deadlines for employees to apply

You can contact the labor dispute commission within 3 months from the moment the dispute (conflict) arises. This period provides for a natural resolution of the conflict, which, if resolution is impossible, can be transferred to the competence of the CCC.

However, there are significant difficulties here. If you are appealing on the issue of illegal dismissal, which can be considered in a pre-trial procedure, but the commission does not have the authority to decide, then you must contact the CCC immediately so that the court does not have questions about delaying the time frame for the protest.

Article 386. Time limit for applying to the labor dispute commission

An employee may apply to the labor dispute commission within three months from the day he learned or should have learned about a violation of his rights.

If the established deadline is missed for valid reasons, the labor dispute commission may restore it and resolve the dispute on the merits.

Dispute consideration period

In order for your application to be accepted for processing, the members of the commission are given a period of 10 days. During this time it will be reviewed. If it is refused, you will be given a reasoned conclusion with the reason for the refusal.

You can already go to court with this document, as it confirms an attempt at a pre-trial settlement.

If your application has been accepted, it must be reviewed no later than 1 month. If the decision is unsatisfactory to you, you can appeal it in court within 10 days.

Operating procedure of the CTS

The work of the CCC is carried out at commission meetings. Meetings are held as needed. The appointed date is determined in advance in order to have time to notify the parties to the conflict, as well as the employees involved in resolving the issue.

At the meeting the manager or his representative must be present, as well as the injured party or its representative. The secretary of the meeting gives a list of those present, determines the quorum and draws up the minutes of the meeting. The meeting is chaired by the chairman of the commission. He invites the parties to speak out and express their principled position regarding the emerging contradiction.

After the participants in the conflict speak, other participants speak, who can reflect the nuances of the conflict that occurred. After hearing the meeting participants, the CCC members hold an open vote to make a decision. After a decision is made, it is subject to immediate execution within three days.

The commission’s work procedure consists of three fundamental stages:

1. Reception and consideration of the application.
2. Organization and conduct of dispute resolution procedures.
3. Decision making and control over its implementation.

The decision made by the commission:

1. Non-negotiable.
2. Has a resolutive character.
3. Subject to immediate execution.
4. Can only be appealed in court.

Chapter 60 of the Labor Code of the Russian Federation, article 387:

Article 387. Procedure for considering an individual labor dispute in a labor dispute commission

An employee’s application received by the labor dispute commission is subject to mandatory registration by the said commission.

The Labor Dispute Commission is obliged to consider an individual labor dispute within ten calendar days from the date the employee submits the application.

The dispute is considered in the presence of the employee who filed the application or his authorized representative. Consideration of a dispute in the absence of the employee or his representative is permitted only upon a written application from the employee. If the employee or his representative fails to appear at the meeting of the said commission, the consideration of the labor dispute is postponed. In the event of a second failure of the employee or his representative to appear without valid reasons, the commission may decide to withdraw the issue from consideration, which does not deprive the employee of the right to submit an application for consideration of the labor dispute again within the period established by this Code.

The Labor Dispute Commission has the right to call witnesses to the meeting and invite specialists. At the request of the commission, the employer (his representatives) is obliged to submit the necessary documents to it within the period established by the commission.

A meeting of the labor dispute commission is considered valid if at least half of the members representing employees and at least half of the members representing the employer are present.

At a meeting of the labor dispute commission, a protocol is kept, which is signed by the chairman of the commission or his deputy and certified by the seal of the commission.

Features in the company's structural divisions

If the enterprise is large, consisting of subordinate divisions, each of which has more than 15 employees, a commission can be created in each division. In this case, the employee’s rights will be protected directly in the department or workshop in which he works, which creates the conditions for the most thorough investigation.

When a company organizes technical technical services in structural divisions, this indicates a high degree of management responsibility and providing them with certain priorities for their employees. Members of the CTS of a structural unit do not resolve the issue independently. They carry out the necessary organizational and research work.

But the consideration of the issue takes place at the general meeting of the labor dispute commission of the enterprise. Members of the unit's CCC also take an active part in it and have the right to vote when making decisions.

Contacting the CTS

The appeal occurs on the basis of an incident that has turned out to be impossible for the company employee to resolve by applying his own efforts. An appeal is considered to be the submission of an application to the commission with a request to consider a conflict precedent. If the company has CTCs in structural divisions, then the employee submits an application to an authorized member of the CTC of his department. He endorses it and submits it to a higher authority.

At the same time, the question of considering the application and the possibility of a reasoned refusal is decided not by the structural CTS, but by the company commission, since it is signed by the chairman of the commission and certified by the secretary in accordance with nomenclature requirements.

The application is written addressed to the chairman of the CCC, indicating his last name, first name and patronymic. Next, the applicant indicates his personal data. The application can be drawn up in free form, or it can have a standard version and be drawn up on a special form. These conditions are local in nature and may vary significantly between enterprises and in different regional systems. The universal conditions for drawing up statements of this type are:

1. Description of the fact of the incident on the basis of which the dispute arose.
2. Conditions due to which the dispute worsened.
3. Justification of one’s rightness (innocence) in the current conditions.
4. What measures were taken to resolve the conflict situation.
5. At what stage did the relationship stop and reach a dead end?
6. Please resolve the problem.

Having listed the indicated provisions, put the date and signature with an explanation of the surname.

A sample application can be downloaded.

A completed sample is available.

Conclusion

Contacting the commission is the most convenient and popular way to consider the issue. If the commission takes your side, you can assume that the conflict situation has been resolved in your favor. Remember that if you are applying about illegal dismissal, then you need to act urgently, given the incompetence of the commission to put pressure on management in resolving such issues. She can only give a recommendation, which the manager, unlike operative decisions, has the right not to implement. You must have time left to file an application with the court.