Consideration of individual labor disputes in the CCC

What is the competence of the labor dispute commission?

The CCC considers individual labor disputes affecting:

significant changes in the conditions in which personnel work;
the amount and procedure for payment of remuneration for work;
regulation of the time allotted for work and rest;
imposing disciplinary sanctions;
terms of the concluded employment contract;
salary supplements;
the right to vacation, including additional.

The following individual labor disputes with employees are not dealt with:

resolved under the Labor Code of the Russian Federation and federal laws in a different manner;
if the employer is an individual who has not registered as an individual entrepreneur;
the second party is a religious and cult organization;
the case is in court.

Procedure for convening and operating the CCC: step-by-step instructions

Expert opinion

Kurtov Mikhail Sergeevich

Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

If it is impossible to resolve the dispute in another way, the employee submits an application to the commission on the subject of the dispute. The range of issues that can be resolved by the CCC is specified in its Regulations.

Therefore, it is important for the employee to study this local act before drawing up an application. Perhaps, to resolve his specific issue, it will be necessary to file a statement of claim in court.

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How is a CTS created?

Its formation is initiated by both the employees themselves and their representatives or the employer (individual entrepreneur, company). In many cases it is formed at the proposal of the trade union. After all, this method is the most accessible in resolving disagreements that have arisen.

CTS is allowed to be created in companies engaged in various types of economic activities with any number of employees. The norm defining the possibility of forming a labor dispute commission exclusively at enterprises employing at least 15 people is no longer relevant.

The CCC includes an equal number of employee and employer representatives. It is not regulated by law and is determined by mutual agreement. It must be sent to the members of the commission for individual labor disputes within 10 days after they receive written notice of its formation.

The employer's representatives are appointed by the manager. Most often, he chooses senior managers of structural divisions, human resources, administration, and lawyers. They must give their consent and familiarize themselves with the relevant order.

Employee representatives can be delegated by the trade union with further approval at a general meeting or elected directly at it. It doesn’t matter what kind of work they do or whether they belong to a union.

CTS can be formed for a specific period of time or indefinitely. The conditions must be reflected in the decision and in the order of the management.

The commission can be created in branches and divisions. The Labor Code does not say whether they should be separate. In fact, it is possible to organize them even in a department or workshop. They do not belong to the firm’s CTS and are not subordinate to it when making decisions. They are formed and work in the same way, but they resolve individual labor disputes with employees related to their structural units and do not deal with issues related to the competence of management.

The chairman, his deputy and secretary are elected from among the members of the body. It must have its own seal. The employer is legally responsible for its organizational and technical support and is obliged to provide the necessary stationery, office equipment, premises and everything that will be needed to carry out normal activities. Any member of the team can do office work.

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How individual labor disputes are resolved

The employee has the right to send a complaint to the CCC within 90 days from the time he became aware of the subject of the dispute. If a deadline is missed for reasons beyond his or her actions and will, it is subject to restoration. Since such reasons are not specified in the Labor Code of the Russian Federation, members of the commission recognize them based on their personal ideas. The member of the team who asked for help must prove the validity of the reason. If a three-month period is missed without a reason explaining it, the CCC accepts the application, but refuses to carry out procedural actions on it.

In the document, the employee sets out the essence of the individual labor dispute and proves the violation of his rights. The application must be registered. Usually there is a journal designed for this purpose, which records the date when the application was submitted, its content, time and essence of the decision made.

It is necessary to register even those statements that cannot be attributed to the scope of activities of the CCC. After registration, consideration must be refused (unlike admission, this is permitted by the Labor Code).

The dispute is considered within 10 calendar days. At this time, the CCC may meet several times, interrupting to study the situation, obtain evidence, expert opinion, etc. The detailed regulation of disputes is determined by the representatives of the employees and the employer themselves.

After the employee’s application is accepted for consideration, materials must be prepared. It is necessary to clarify the circumstances of the current situation and determine the circle of interested parties, witnesses and other participants in the process. At least 50% of the commission members must be present, otherwise the result of the proceedings can be declared invalid. The regulations are arbitrary.

On the day of the meeting, the person who submitted the application, or a representative of the employee or an authorized person must be present at it. If they are absent, the issue is still resolved - at the request of the employee who initiated it in writing. If he simply does not show up, the meeting is postponed. If the applicant does not come a second time, the CCC has the right not to deal with his issue. But you can resubmit your application within 3 months. Employers and their representatives are not required to attend in person.

Procedure for consideration

The consideration of the conflict occurs in several stages. Each of them is regulated by relevant legislation.

writing an application;
collection of necessary documentation;
collection of evidence;
paperwork;
provision of materials to the commission;
waiting for results.

Participants in the conflict have the right to introduce additional evidence, refute the opponent, ask the commission members to provide time to collect arguments, or attract independent specialists or create an additional inspection.

In addition, each of the parties to the dispute may ask to temporarily replace a member of the commission.

Reasons for disqualifying a member of the labor commission:

personal hostility towards one of the parties to the dispute;
friendly relations in relation to the participant in the labor conflict;
incompetence in this matter;
interest in a certain outcome of the case.

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What is the CCC allowed to do to clarify the circumstances and make a decision?

Call and question witnesses
Request the necessary documents
Invite experts and specialists

The employer undertakes to provide the requested documents within the period specified by the commission members.

During the proceedings, it is necessary to keep a record. It is signed by the chairman of the CCC or his deputy. The document is then stamped. The protocol records:

meeting date;
composition of the commission members;
explanations of the applicant;
objections from the other party;
explanations of witnesses and experts.

The employee has the right to refuse consideration at any stage or write a corresponding statement.