Федин В.В. Досудебная стадия рассмотрения индивидуальных трудовых споров

Аннотация: Process of consideration and settlement of an individual employment dispute is preceded by a stage of pre-juridical settlement of disputes between the contending parties, namely, the employee and the employer. Up to the moment of turning to a council of conciliation or going to court an employee shall make attempts to settle the disputes by himself or by involving an authorized representative in the course of negotiations with the employer or his authorized official (manager of the organization, personnel deputy manager, head of personnel department, etc.). Councils of conciliation are established directly in organizations or by individual entrepreneurs to consider employment disputes of employees of these organizations or individual entrepreneurs. Council of conciliation is established on a parity basis, i.e., it consists of equal numbers of employees’ and employer’s representatives. Labor legislation regulates the activities of council of conciliation only in a general way that is why it is expedient to work out regulations of council of conciliation at the level of local statutory acts. Details of the structure, functions and operation of the relative council of conciliation shall be set forth in these regulations. The moment when an employee puts on the relative application shall be considered as the moment of origin of procedural legal relations. An employee may apply to the relative council of conciliation within three months since the date of his learning or finding out of his right being infringed. The fact that the employee fails to apply within the said period of time shall not entitle the council of conciliation to reject the application of the employee. In any case any council of conciliation must accept an application submitted with delay. If it is ascertained that there is no reasonable excuse for the delay the council does not revive the missed deadline of submitting of the application and make a decision on dismissal of the claim of the employee. But if it is found out that the deadline of application to the council of conciliation is missed with reasonable excuse the council is entitled to revive it and to consider the claim to the point. An employee submits a written application to the relative council of conciliation. Such application includes the date of the employee’s learning of infringement of his rights and/or legitimate interests and the subject of this individual employment dispute together with the evidence proving the fact of infringement of his legal rights and/or legitimate interests set forth therein. Consideration of an individual employment dispute by council of conciliation is preceded by a stage of preparation of an application for hearings. Any individual employment dispute is considered in the presence of the applicant or his authorized representative. Consideration of a dispute in the absence of the employee or his representative is allowed only upon written request of the employee. Decision of council of conciliation is made by a majority vote of the members present. Minutes of the meeting are signed by each and all the members of the relative council. Any member who does not agree with the majority decision shall sign the minutes of the meeting of the council of conciliation but is entitled to state his individual opinion in the minutes. Wordings of decision of council of conciliation shall be clear, legally valid and literate. Decision of council of conciliation is binding. The force of decision of council of conciliation lies in the requirement to be executed by employer and in case of refusal to execute the decision at free will the decision is enforced. Decision of council of conciliation may be appealed in court by employee or employer within ten days after delivery of a copy of council’s decision.

Abstract: Process of consideration and settlement of an individual employment dispute is preceded by a stage of pre-juridical settlement of disputes between the contending parties, namely, the employee and the employer. Up to the moment of turning to a council of conciliation or going to court an employee shall make attempts to settle the disputes by himself or by involving an authorized representative in the course of negotiations with the employer or his authorized official (manager of the organization, personnel deputy manager, head of personnel department, etc.). Councils of conciliation are established directly in organizations or by individual entrepreneurs to consider employment disputes of employees of these organizations or individual entrepreneurs. Council of conciliation is established on a parity basis, i.e., it consists of equal numbers of employees’ and employer’s representatives. Labor legislation regulates the activities of council of conciliation only in a general way that is why it is expedient to work out regulations of council of conciliation at the level of local statutory acts. Details of the structure, functions and operation of the relative council of conciliation shall be set forth in these regulations. The moment when an employee puts on the relative application shall be considered as the moment of origin of procedural legal relations. An employee may apply to the relative council of conciliation within three months since the date of his learning or finding out of his right being infringed. The fact that the employee fails to apply within the said period of time shall not entitle the council of conciliation to reject the application of the employee. In any case any council of conciliation must accept an application submitted with delay. If it is ascertained that there is no reasonable excuse for the delay the council does not revive the missed deadline of submitting of the application and make a decision on dismissal of the claim of the employee. But if it is found out that the deadline of application to the council of conciliation is missed with reasonable excuse the council is entitled to revive it and to consider the claim to the point. An employee submits a written application to the relative council of conciliation. Such application includes the date of the employee’s learning of infringement of his rights and/or legitimate interests and the subject of this individual employment dispute together with the evidence proving the fact of infringement of his legal rights and/or legitimate interests set forth therein. Consideration of an individual employment dispute by council of conciliation is preceded by a stage of preparation of an application for hearings. Any individual employment dispute is considered in the presence of the applicant or his authorized representative. Consideration of a dispute in the absence of the employee or his representative is allowed only upon written request of the employee. Decision of council of conciliation is made by a majority vote of the members present. Minutes of the meeting are signed by each and all the members of the relative council. Any member who does not agree with the majority decision shall sign the minutes of the meeting of the council of conciliation but is entitled to state his individual opinion in the minutes. Wordings of decision of council of conciliation shall be clear, legally valid and literate. Decision of council of conciliation is binding. The force of decision of council of conciliation lies in the requirement to be executed by employer and in case of refusal to execute the decision at free will the decision is enforced. Decision of council of conciliation may be appealed in court by employee or employer within ten days after delivery of a copy of council’s decision.