On the issue of calculating the time limits for applying to a labor court within the framework of actual labor relations

Participants in labor relations bear mutual responsibility for compliance with the terms of the contract, as well as the settlement of disputes in the interests of both parties. If the head of the company and the subordinate are unable to find a compromise and resolve the dispute within the framework of the work process, they turn to the authorities empowered to help resolve the conflict.

The Labor Code in Article 386 defines the list of organizations, the procedure and terms for contacting them, so that the resolution of disagreements does not take too long, takes place under the influence of controlling structures and has results. Judicial authorities are involved in cases where individuals and legal entities are unable to resolve a dispute independently or with the participation of labor dispute commissions and labor inspectorates.

According to Art. 391 of the Labor Code of the Russian Federation, an employee has the right to file a claim in the following situations:

• The salary turned out to be less than what was stipulated in the employment contract.
• There is a desire to be reinstated at work, but the employer prevents this in various ways.
• There are suspicions of discrimination against an employee - a violation of his rights due to nationality, religion, gender, social position, marital status or other issues not related to business qualities.
• The employer does not want to pay for forced absences.
• The employer refuses to pay the difference in remuneration when the employee performs duties paid below his salary.
• The dismissed employee does not agree with the reason for dismissal or with the date specified in the order.
• The employer committed violations during the processing or storage of personal data, which resulted in their disclosure.

In turn, the employer can also file a lawsuit if the employee caused damage to the company and refuses to voluntarily compensate for it. There may be exceptions to this provision specified in the current legislation of Russia. Citizens who provide services to other individuals, individual entrepreneurs or religious organizations under an employment contract also have the right to go to court to protect their rights, if there are grounds for this. A representative of a trade union defending the interests of an employee can also write a statement of claim.

The participation of a labor prosecutor in court is also possible. According to Article 391 of the Labor Code of the Russian Federation, the prosecutor can file a lawsuit in court if it is discovered that the decision made by the labor commission on a conflict between an employee and an employer violates the current Labor Code or other laws governing labor relations. A party to the conflict who believes that the decision of the labor commission is illegal has the right to write a statement to the prosecutor's office. After the inspection, if a violation of the law is discovered, the prosecutor may file an application with the court.

The labor inspectorate cannot represent the interests of the employee in court. This body verifies the presence or absence of violations of current legislation, but does not resolve labor disputes that arise between the employee and the employer. The inspector can only explain to the employee which of his rights were violated by the employer and give recommendations on how to go to court.

All individual labor disputes are classified as complex, and therefore it is advisable for a citizen planning to file a claim to seek competent legal assistance. An experienced lawyer will study the circumstances of the conflict, existing similar judicial practice and select the optimal algorithm of action. He will also tell you what documents you need to collect, help you write a statement of claim, and may be present at the trial. Processes conducted by an experienced lawyer often end in the satisfaction of the claims.

Other common causes

• Refusal to hire for discriminatory reasons.
• The employer requires compliance with certain standards, but does not provide proper conditions or an appropriate technological process.
• Delay in issuing a work book.
• The employer, by order, recovers from the employee an amount of material damage that exceeds his average salary.
• Systematic violation of labor safety standards.
• Refusal to pay for sick leave, etc.

Time limits for consideration and appeal of labor disputes

In the case of an individual labor dispute, the employee must go to court within three months from the moment he became aware of the violation of his rights. For disputes related to dismissal, the deadline is counted from the day following the day the employee receives the dismissal order. If the deadline for filing a lawsuit in labor disputes has been missed and there are good reasons for this, the court may restore the deadline for filing a claim. However, the existence of reasons will need to be documented.

As for the period for consideration of labor disputes in court, it will depend on the essence of the requirements contained in the statement of claim. A claim for reinstatement to the same workplace and in the same organization is considered within two months, other disputes - up to three months. These deadlines also include the time spent on preliminary activities necessary for the trial.

According to Part 3 of Art. 152 of the Code of Civil Procedure, the period for consideration of labor disputes in court may be extended if certain difficulties are discovered. The period may increase due to a preliminary examination of the case. The decision is made by the judge, the opinions of the parties to the trial are necessarily taken into account.

If one of the parties does not agree with the court's decision, it has the right to file an appeal in the manner prescribed by law. The deadline for appealing a court decision on a labor dispute is established by Part 2 of Art. 321 of the Code of Civil Procedure of the Russian Federation and is 30 days from the date of the court’s decision in final form. In this case, there may be delays in the time limit for processing the decision, and therefore it is advisable to immediately prepare and submit a short appeal. It is better to consult with a lawyer regarding the form of its submission, content and further actions.

Procedure for contacting the CTS or labor inspectorate

• First, check whether the Employer has created a Labor Dispute Commission; if not, then it would probably be better to contact the labor inspectorate with a corresponding application; this can also be done online.
• Preparation and submission of an application to the CCC (if it is created by the Employer). The dissenting party has the legal right to appeal to the regulatory body to protect its rights for 3 months, starting from the date on which the violation was discovered. In the event that the delay occurred for a good reason (and this can be confirmed), it is possible to restore the deadline for the application. The commission has 10 days to consider the registered application.
• Preparation of materials, requesting documents missing for consideration of the case.
• Direct consideration of the dispute. The commission must consider the application in the presence of the applicant or his official representative. If a party fails to appear at the hearing, it must be adjourned (postponed to another day). The CCC has the right to involve witnesses in the case, as well as to request additional materials directly related to making a decision on the issue. In some cases, independent (third-party) experts are involved in the review. It is mandatory to keep written minutes of the meeting.
• The decision is made on the basis of a secret ballot (all present members of the commission are involved) and is adopted by a simple majority of votes. After this, both parties are provided with certified copies of the decision within three days.
• After the decision is made, the employer is obliged to agree with it within 10 days and, in the absence of an appeal, voluntarily comply with the order over the next 3 days. If there is disagreement, an appropriate lawsuit is filed.

Order. Stages. Peculiarities

The procedure for considering labor disputes in court is established by the Code of Civil Procedure of the Russian Federation. For a number of issues defined by this Code, the plaintiff may file a claim at his place of residence. Also, the plaintiff can choose the jurisdiction (where to send the claim) in the case when he worked or is working in a division or branch of the company. In this situation, the claim can be filed both at the legal address of the organization and at the location of this branch.

The claim may not be accepted for the following reasons:

• Incorrect preparation of the application or documents attached to it.
• Wrong choice of jurisdiction.
• There is a court decision on the same case, which at the time of filing the claim had already entered into legal force.

In order not to waste time, contact a lawyer who will help you check the available court decisions, determine the jurisdiction and draw up the claim correctly.

According to current laws, when considering an individual labor dispute in court, the parties are the employer and the employee. Representatives of the trade union or the prosecutor's office can participate in the process, but only as a participant, and not as one of the parties to the dispute. If necessary, experts, witnesses, and various specialists may be summoned to court. Their invitation occurs in accordance with the procedure established by law.

The court will consider all the circumstances of the dispute, study the materials submitted by the parties, and interview the participants in the proceedings. At the end of the process, a decision will be made whether to satisfy the claims or deny them. If the claims are satisfied, the decision is accompanied by instructions that the defendant must comply with.

After the court decision is made, the individual labor dispute is terminated. Court decisions must be executed after they enter into legal force, with the exception of certain cases. So, if illegal dismissal was dealt with during the trial, the employee must be reinstated in his previous place immediately. The employer has the right to appeal the court decision, but this does not relieve him of the obligation to reinstate the dismissed employee. Control over the implementation of all court decisions is entrusted to bailiffs.

In accordance with Article 393 of the Labor Code of the Russian Federation, Art. 89 of the Code of Civil Procedure of the Russian Federation and Article 336.36 of the Tax Code of the Russian Federation, the employee who filed the statement of claim is exempt from paying state duty, as well as legal costs. The same applies to situations where the court decided to refuse to satisfy the claims. As for the plaintiff employer, he must pay the state duty in the amount established by law.

How the type of dispute affects its resolution

The pre-trial procedure for resolving labor disputes depends on the type of conflict: individual or collective. Individual disagreements, that is, disputes between an employer and one employee, can be resolved by a labor dispute commission. Collective proceedings are handled by mediators, a conciliation commission and labor arbitration.

However, the conflict can also be resolved through negotiations with the employer. It is better to entrust them to a lawyer or union representative. If negotiations reach a dead end, you can always contact the commission. Its decision is binding, but it can be challenged. If this does not lead to a resolution of the problem, then it makes sense to file a claim.

Collective and individual dispute

It is believed that a collective labor dispute cannot be resolved in court. In Part 2 of Art. 398 of the Labor Code of the Russian Federation states that such a dispute can be resolved through a number of conciliation procedures, including consideration of the conflict by a conciliation commission or labor arbitration. The possibility of resolving the conflict in court is not indicated here.

However, Article 352 of the Labor Code of the Russian Federation provides a list of ways to protect the rights of an employee, including with the help of the court. In Art. 401 of the Labor Code of the Russian Federation states that in the event of a collective labor dispute, participants are obliged to resolve it by all means permitted by law. This means that after trying to resolve the conflict with the help of a mediator and labor arbitration, you can file a claim in court. This category of labor disputes will be the most complex, and therefore legal assistance will become mandatory: without it, the chances of winning the case are zero. Contact our lawyers to understand how to begin legal protection of your labor rights.

The procedure for an individual labor dispute in court is regulated by current legislation and depends on the specific situation.

Stages of a labor dispute:

1. Collecting the necessary documents, searching for witnesses, undergoing examinations and other activities that can prove the legitimacy of the claims.
2. Determining jurisdiction, drawing up a statement of claim and sending it to court.
3. The court sets a date for the first trial, notifies the parties and participants in the process.
4. The trial itself, during which all materials provided by the parties to the trial will be considered and witnesses will be interviewed. The defendant also has the right to present evidence of his innocence and bring witnesses.
5. The court makes a decision to satisfy the claim or to refuse.

After the court makes a decision, the labor dispute is considered terminated. A party dissatisfied with a court decision may appeal it in the manner prescribed by law, but the procedure for implementing a court decision must be observed in any case.

The peculiarities of consideration of individual labor disputes in court make the process complex; for most citizens of the country, much will be incomprehensible. To avoid difficulties, it is advisable to hire a lawyer who will be present at the meeting and help protect your labor rights.

Procedure for resolving collective disputes

There are a number of fundamental differences here. In most cases, the procedure looks like this.

• Members of the work team hold an open meeting, appoint authorized persons and send demands to the employer in writing. This right is enshrined in Article 399 of the Labor Code.
• Having received written requirements, representatives of the enterprise are obliged to consider them and make a decision within 2 working days.
• If the employer agrees, the dispute is considered terminated. If the defendant’s side does not agree to satisfy the demands put forward, a labor dispute arises. It is reviewed by a conciliation commission (no longer than 5 working days).

In addition, intermediaries or members of labor arbitration may be involved in conciliation procedures. The Labor Code of the Russian Federation also allocates 3 to 5 working days for this, depending on the specific circumstances. In addition, the parties theoretically have the right to file a corresponding claim in court.

photo: pixabay

Statement of claim and defense in court

First of all, you need to decide where to file a claim in a labor dispute. In accordance with paragraph 1 of part 1 of Article 22 of the Code of Civil Procedure of the Russian Federation, disputes arising between an employee and an employer must be considered in courts of general jurisdiction. In this case, jurisdiction (in which court to file a claim) will depend on the category of the dispute and the claims.

For all issues other than reinstatement of a dismissed employee at his previous workplace, an application must be submitted to the Magistrates' Court. If a labor conflict arises due to illegal dismissal, you must file a claim in the district court.

The content and form of the statement of claim must comply with the requirements of the Code of Civil Procedure of the Russian Federation. If this rule is violated, the claim will not be accepted by the court for consideration.

The statement of claim must indicate:

1. Name of the court to which the document is sent. It is important to correctly determine the jurisdiction. An employee may file a claim at his place of residence, except in a number of cases established by law. If you have difficulty determining jurisdiction, contact a lawyer.
2. Details of the plaintiff (full name, residential address, contact details).
3. Details of the defendant (if it is an organization, then its exact name): assigned TIN and OGRN, address.
4. The subject of the claim is a description of violated labor rights.
5. References to legislative acts to confirm the legality of the requirements.
6. List of documents attached to the claim, including those related to evidence.
7. Date and signature of the plaintiff.

If the plaintiff has claims of a property nature, it will be necessary to determine the price of the claim, that is, the amount of monetary compensation that the defendant wants to receive. The price calculation can be made in a separate document and attached to the claim or indicated in the statement of claim itself. If moral damage was caused, the plaintiff can also indicate this in the claim. The amount of compensation for moral damage must be reasonable, and the fact of its occurrence must be proven.

The main emphasis in the claim is given to the presentation of the essence. Here the plaintiff must show how, in his opinion, labor rights were violated. All wording of this part must be clear; ambiguity and speculation are not allowed. This part of the statement of claim poses the most difficulties for those who plan to draw up a statement on their own or download a sample on the Internet. It would be more correct to entrust this moment to a lawyer who has experience in handling labor disputes and knows how to reflect its essence in the statement of claim.

The claim must indicate:

• the purpose of the demands (for example, to correct the reason for dismissal or to pay wages for overtime on weekends);
• obstacles that interfere with achieving the goal (for example, the defendant is not going to correct the reason for dismissal indicated by him and does not make contact);
• who the plaintiff considers guilty of violation of his labor rights and interests;
• what consequences should occur for the defendant as a result of the trial (for example, to pay penalties or fines, compensation for material or moral damage, etc.).

The wording should be concise, clear, and not subject to double interpretation. Corrections and strikethroughs are not permitted.

It is imperative to have references to the relevant laws with which the plaintiff seeks to confirm the legality of the demands and the violation of his labor rights. This stage of filing a claim in court for individual disputes is also best entrusted to a lawyer who has experience in resolving labor conflicts and knows the current legislation. Correctly indicating references to legislative acts and regulations significantly increases the chance that the court will make a decision to satisfy the plaintiff’s claims.

You definitely need to take care of preparing evidence. They can be the opinions of independent experts, witness statements, video materials, documents. The plaintiff has the right to indicate evidence in the statement of claim, as well as present it during court proceedings in the manner prescribed by law. A lawyer will help you determine the evidence and circumstances.

On many legal websites you can download or view a sample application to the labor court. This option can be used as an example, but it is not recommended to take it as a basis: despite the similarity in some respects, each labor conflict is unique. The statement of claim must reflect the essence of the dispute in full, and therefore it is advisable that it be drawn up individually, and not according to a sample. In this case, you can take into account and describe all the nuances, correctly reflect the claims and confirm their legality with references to the relevant laws.

If you cannot write a statement of claim on your own regarding an individual labor dispute, spare no expense and order this service from a lawyer. A well-drafted claim will help you avoid wasting time and increase your chances of winning the case.

In the specialized literature, proposals constantly arise about the need to create specialized courts for the consideration of labor disputes and the development of the Labor Procedural Code of the Russian Federation. Thus, the magazine “Personnel Management” received an article by a team of teachers from Tomsk University, who, based on the results of their research, came to the conclusion that it was necessary to create labor courts; they wanted to contact the Duma and the Government with a proposal to introduce such a practice at enterprises. Firstly, it would be interesting to get acquainted with the results of these studies, the factual and legal arguments in favor of the creation of specialized “labor” courts. Secondly, the question arises: why should such a practice be introduced at the “enterprise”? ——————— <1> Personnel management. 2006. N 16. P. 9.

Chairman of the Committee on Labor and Social Policy of the State Duma of the Russian Federation A.K. Isaev, in an interview with a correspondent for Personnel Management magazine, said: “I fully support this proposal. We have worked for a long time to bring labor legislation into line with economic and social realities. Our next step is a LABOR PROCEDURE CODE, WHICH SHOULD INCLUDING PROVISION FOR THE INSTITUTE OF LABOR COURTS (emphasis mine - E.E.). We have given the corresponding instructions to the Academy of Labor and Social Relations, which has an agreement with our Committee, and we expect to receive the concept of this bill by the fall to begin work on it” <1>. Firstly, it is not entirely clear why the procedural code should provide for the “institution of labor courts”, i.e. The problems of the judicial system have been resolved. Secondly, I would like to familiarize myself with the theoretical and legal arguments in favor of this bill. ——————— <1> Ibid.

Many dissertation candidates include such proposals in separate points of “novelty” of their dissertation work. Will the creation of specialized courts for the consideration of labor disputes and the adoption of the Labor Procedural Code of the Russian Federation allow us to “remove” the real problems in judicial enforcement when considering labor disputes? Do Russia have the appropriate financial, personnel, material and organizational capabilities? How many specialized courts need to be created in Russia? Perhaps, in the end, it is necessary to create specialized courts and adopt procedural codes in all areas of law? I think the answer to many of the questions posed must be negative. A very typical discussion in the specialized literature is the arguments for and against specialized courts for the consideration of labor disputes and the Labor Procedural Code of the Russian Federation. Thus, on September 11-12, 2003, at the Academy of Labor and Social Relations, the Committee of the State Duma of the Russian Federation on Labor and Social Policy, the Academy of Labor and Social Relations, with the participation of the Moscow branch of the ILO, held a conference on the topic: “Protection of the labor rights of workers.” Experts paid quite serious attention to two problems: specialized courts for labor disputes and the Labor Procedural Code of the Russian Federation. Further reform of the consideration of labor disputes in courts was provided for by the Program of Social Reforms for 1996 - 2000, considered at hearings in the State Duma of the Russian Federation and approved by the Resolution of the Government of the Russian Federation on February 26, 1997. “The currently operating system and procedural form of judicial protection in the field labor relations, - I. Kostyan, I. Piskarev and B. Shelomov claim without any necessary arguments, - lag significantly behind the requirements for efficiency and quality of consideration of labor disputes, in the resolution of which must be fully taken into account and implemented all fundamental principles of labor law and social security. Without this, real protection of the rights and protected legitimate interests of participants in labor or other legal relations related to them is impossible” <1>. ——————— <1> Kostyan I., Piskarev I., Shelomov B. Protection of labor rights of workers // Man and labor. 2003. N 8. P. 43. The authors came to a similar conclusion in the article “On specialized courts for labor cases and the Labor Procedural Code” // Economy and Law. 2003. N 8. P. 27 - 40.

At the same time, judicial statistics, reflecting the real quality and efficiency of consideration of labor disputes in court, clearly indicate something else. Thus, in 1999, a total of 5,109,674 civil cases were received by the courts of Russia; the dynamics by 1998 was 6.7%. Of these, 4,504,390 cases were completed with a decision. 4,315,596 cases (95.8%) were considered with satisfaction of the claim. There were 778,854 cases in violation of deadlines (15.5%). In the same year, a total of 951,641 employment cases were received. The dynamics by 1998 amounted to 34.5%. 955,084 cases completed. The share of all civil cases is 19.1%. Compared to 1998, there was a decrease in labor disputes by 34.1%. 889,869 cases were completed with a decision. The claim was satisfied - 855,327 cases (96.1%). In violation of deadlines - 109,713 cases (11.5%). In 2000, Russian courts received a total of 5,044,091 civil cases. The dynamics by 1999 amounted to 1.3%. Of these, 4,469,365.1 cases were completed with a decision. 4,243,025 cases (94.9%) were reviewed with satisfaction of the claim. With violation of deadlines - 773,736 cases (15.3%). In 2000, 565,598 labor cases were received (40.6% - dynamics compared to 1999). The share of all civil cases is 11.4%. 522,696 cases were considered with a decision. The claim was satisfied - 493,575 cases (94.4%). 81,354 cases (14.1%) were in violation of deadlines. In 2001, magistrates' courts received a total of 1,239,972 civil cases. 998,262 cases were considered with a decision. The claim was satisfied - 962,763 cases (96.4%). 48,016 cases (4.2%) were reviewed in violation of deadlines. In 2001, magistrates' courts received 177,307 labor cases (14.6% of civil cases). 168,650 labor cases were reviewed and decisions were made. The claim was satisfied - 160,661 cases (95.3%). 9,352 labor cases (5.6%) were in violation of deadlines. In 2001, all courts in Russia received 4,818,052 civil cases. 4,166,389 cases were considered with a decision. The claim was satisfied - 3,911,434 cases (93.9%). In violation of deadlines - 706,530 cases (14.6%). Of these, 538,772 were labor cases (4.7% compared to the previous year). The share of civil cases was 11.1%. 481,374 cases were considered with a decision. The claim was satisfied - 451,892 cases (93.9%). 67,202 cases (12.5%) were in violation of deadlines. In 2002, magistrates' courts received a total of 2,355,683 civil cases. The dynamics by 2001 amounted to 91.1%. 1,988,578 cases were considered with a decision. 1,904,522 cases (95.8%) were completed with the satisfaction of the claim. 125,986 cases (5.5%) were in violation of deadlines. Of these, 370,296 labor cases were received by the magistrates' courts. The dynamics by 2001 amounted to 108.8%. 330,954 cases were considered with a decision. The claim was satisfied - 314,190 cases (94.9%). In violation of the deadline - 21,965 cases (6.0%). In 2002, all Russian courts received 4,953,103 civil cases. The dynamics by 2001 amounted to 2.8%. 4,229,971 cases were considered with a decision. 3,945,435 cases (93.3%) were completed with the satisfaction of the claim. With violation of deadlines - 651,545 cases (13.1%). Of these, 633,265 labor cases were received. The dynamics by 2001 amounted to 17.5%. The share of all civil cases is 12.7%. 563,980 cases were considered with a decision. The claim was satisfied - 524,612 cases (93.2%). 70,913 cases (11.4%) were in violation of deadlines. In 2003, all courts in Russia received 5,190 thousand cases, which is 5% more than in 2002. District courts accepted 2,147 thousand cases, or 17% less than in the same period in 2002 (1,587 thousand cases). The number of cases completed in the 12 months of 2003 compared to the same period of the previous year decreased by 18.1% - from 2.672 to 2.189 thousand, including those with a decision - from 2.232 thousand to 1.822 thousand, or by 18.4%. The number of labor disputes regarding reinstatement at work decreased by 6.6% - from 36.1 thousand to 33.7 thousand cases. In the overall structure of civil cases, disputes arising from labor relations amounted to 7.1%, including wages - 4.1% (88.9 thousand cases), reinstatement - 1.5% (33, 7 thousand cases). Magistrates accepted 3,031 thousand cases for proceedings (in 2002 - 2,356 thousand cases). Of these, 500.1 thousand cases (16.7%) were labor disputes, including disputes over wages - 439.9 thousand cases. In 2004, 5 million 832 thousand civil cases were completed in Russian courts. Of these, 641.4 thousand are labor disputes. 5 million 19 thousand civil cases were considered with a decision. District courts reviewed 124.7 thousand civil cases - 8.5%. In 2004, magistrates' courts considered 3 million 514 thousand civil cases. Of these, 516.3 thousand - 15% of labor disputes <1>. ——————— <1> Russian justice. 2005. N 9. September.

The balance of unfinished proceedings at the beginning of 2005 amounted to 501,417 cases. In 2005, 6,739,532 civil cases were received. A total of 6,741,293 cases were reviewed. Including 5,893,587 cases with decisions. Of these, 5,410 cases of reinstatement remain in the balance since 2004. 32942 cases were received. In total, 33,610 cases were completed. There are 19,915 cases remaining regarding wages since 2004. 592,608 cases were received. 597,701 cases were completed. In total, in 2005, the courts received 711,429 labor cases. The production of 716,799 labor cases was completed. 40,016 cases were considered in violation of the established deadlines - 5.1%. Of the total number of civil cases examined in 2005 (6,741,293 cases), labor disputes (716,799 cases) accounted for 10.6%. 608,584 decisions were made satisfying the requirements - 80.5%. The above judicial statistics, I think, clearly demonstrates that, firstly, the total number of civil cases is constantly increasing: from 5,109,674 cases in 1999 to 6,741,293 cases in 2005. Secondly, the percentage of labor disputes from the number of all civil cases decreases: from 19.1% in 1999 to 10.6% in 2005. Thirdly, the time frame for considering labor disputes in the courts is decreasing: in 1999, 11.5% of labor cases were considered in violation of the deadlines, in 2005 - 5.1%. Fourthly, the courts consistently satisfy 80-96% of claims in labor disputes. Fifthly, only approximately 5-10% of decisions in labor disputes are canceled annually. The above data show that the courts, in general, consider labor disputes in a timely and high-quality manner, the number of which has been steadily decreasing in recent years. Hence, it seems that the most pressing problem is not the reform of the courts, but, first of all, the qualitative improvement of Russian labor legislation. At the same time, a number of specialists reduce the problems of protecting the labor rights of workers primarily to the preparation and adoption of the Labor Procedural Code of the Russian Federation and the creation of specialized courts for labor cases. “The norms of labor and related branches of law, being of a substantive nature, cannot influence the procedure for resolving labor disputes. Nevertheless, this influence is so significant that the content of the procedural features of resolving cases on disputes arising from labor and related relations, in its entirety, forms such a qualitative state that no longer fits into the general provisions of civil procedural legislation" <1> - claim I. Kostyan, I. Piskarev and B. Shelomov. Moreover, they emphasize, “the situation has not changed, but to a certain extent has worsened due to the adoption of the new Code of Civil Procedure of the Russian Federation. The fact is that the procedure for considering and resolving civil cases in courts of general jurisdiction, provided for by the Code of Civil Procedure of the Russian Federation, is focused primarily on disputes arising from material and legal relations, which are characterized by the equality of the subjects of these relations, their independence and autonomy in making decisions, on which the formation, development and content of legal relations depend, the absence of elements of administrative influence of one party on the other” <2>. Of course, civil and labor relations differ significantly from each other. However, an insurmountable wall cannot be erected between them; these relationships also contain certain similarities. For example, in both civil and labor relations the parties are quite unfree; their mutual rights and obligations are regulated both by regulatory legal acts containing labor law norms and by contracts. In this sense, their independence and autonomy is relative. “Administrative (non-legal) influence” of one party on another, as a rule, is carried out outside the scope of labor law. Abuse of rights is also possible in civil relations (Article 10 of the Civil Code of the Russian Federation). The basic rights and obligations of not only the employee, but also the employer are established by Art. 21 and 22 of the Labor Code of the Russian Federation. The rights of an employee (as well as a citizen) can be limited only by federal law and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state (Part. 3 Article 55 of the Constitution of the Russian Federation). ——————— <1> Kostyan I., Piskarev I., Shelomov B. Decree. Op. P. 43. <2> Kostyan I., Piskarev I., Shelomov B. Decree. Op. pp. 43 - 44.

At the same time, one can agree with the authors of the article in resolving issues related to the distribution of labor disputes between courts of general jurisdiction and magistrates’ courts. Article 23 of the Code of Civil Procedure of the Russian Federation placed under the jurisdiction of the magistrate all cases arising from labor relations, with the exception of cases of reinstatement at work and cases of resolution of collective labor disputes. In this case, in my opinion, the goals and objectives of justice of the peace are really not fully taken into account - the desire to convince the parties to make mutual concessions, to achieve a peaceful outcome in the consideration of only minor property disputes by justices of the peace. Many labor disputes, apparently, cannot be classified into this category of cases, for example, claims related to the conclusion and amendment of an employment contract, the protection of an employee’s personal data, vacations, wages, part-time work, part-time work, labor discipline, financial liability of the parties to an employment contract, peculiarities of labor regulation certain categories of workers, etc. In my opinion, these and, perhaps, other most complex labor disputes must be returned for consideration at first instance to federal district courts of general jurisdiction. To this end, it is necessary to once again carefully analyze the statistics and categories of labor disputes considered by magistrates, identify cases that cause the greatest difficulties, and prepare an appropriate bill. The situation is further complicated by the fact that the ruling of the appellate court, issued on the basis of a private complaint and the prosecutor’s proposal, enters into legal force from the date of its issuance and can only be appealed to the supervisory authority in the manner prescribed by Chapter. 41 Code of Civil Procedure of the Russian Federation. If there are grounds for this, the ruling of the appellate court, issued on a private complaint and the prosecutor’s proposal, may be revised based on newly discovered circumstances in the manner prescribed by Chapter. 42 Code of Civil Procedure of the Russian Federation. The parties and other persons participating in the case do not have the right to file a cassation appeal against the decision of the magistrate (Article 336 of the Code of Civil Procedure of the Russian Federation). The latter cannot but affect the effectiveness of judicial protection of workers' labor rights. In order to overcome the above problems in protecting the labor rights of workers, I. Kostyan, I. Piskarev and B. Shelomov propose to create specialized labor courts, separated from the current judicial system of general courts, “as is done in many states” <1>. ——————— <1> Kostyan I., Piskarev I., Shelomov B. Decree. Op. P. 45.

Firstly, specialized labor courts are not present in “many” states, but only in some states. Secondly, where they exist (for example, in Germany), the issue of their abolition is currently being actively discussed, taking into account economic, personnel, organizational, theoretical and other arguments. Thirdly, in particular in Portugal, a need arose for the functioning of a specialized court that would consider disputes between specialized courts about the jurisdiction of specific cases to certain courts. I. Kostyan, I. Piskarev and B. Shelomov propose “in order to take into account the specifics of consideration and resolution of cases arising from labor relations, to provide for the creation of a session on labor cases within the district (city) court. Justice in sessions for the consideration of labor disputes is carried out primarily by district courts, appointed for this purpose by the chairman of the court of a constituent entity of the Russian Federation" <1>. Firstly, such a proposal, in our opinion, is very controversial from the position of the Constitution of the Russian Federation: “No one can be deprived of the right to have his case considered in the court and by the judge to whose jurisdiction it is assigned by law” (Part 1 of Art. 47 of the Constitution of the Russian Federation). Secondly, in practice, in multi-member federal district courts, in fact, the issue of specialization of judges has actually been resolved long ago: in case of objective need, specialization (including in the consideration of labor disputes) is introduced by order of the chairman of the district (city) court. It is very characteristic that the specialized composition for the consideration of labor disputes by order of the Chairman of the Supreme Court of the Russian Federation V.M. Lebedev was also created in the Supreme Court of the Russian Federation. ——————— <1> Kostyan I., Piskarev I., Shelomov B. Decree. Op. P. 45.

At the second stage of court reform, the authors propose “separation of court sessions on labor cases into a specific organizational structure: “district - subject of the Russian Federation,” namely, from the district court, a session for consideration of labor disputes is separated with the creation of an INDEPENDENT DISTRICT COURT FOR RESOLUTION OF LABOR DISPUTES (emphasis added . - E.E.), and from the court of a constituent entity of the Russian Federation, the judicial composition, which was previously entrusted with the consideration of cases arising from labor relations, on cassation appeals against the decision of the court of first instance. This entity is given the status of a court of a constituent entity of the Russian Federation. The possibility of creating district federal courts for the consideration of labor disputes with the extension of their jurisdiction to several regions is not excluded... The latter will facilitate the formation of the presidium of these courts to perform supervisory functions. The highest authority remains the Supreme Court of the Russian Federation" <1>. In a sense, the authors of the article repeat individual proposals from the developers of the bill on administrative justice in Russia <2>. In works on administrative justice, experts justify the need to create specialized administrative courts within the courts of general jurisdiction. At the same time, the most important arguments for the establishment of specialized administrative courts, the creation of administrative courts of the first and second instances without taking into account the existing territorial division in Russia, the authors of this proposal cite the specifics of administrative disputes, the possible “inclusion” of “administrative resources”, the possible pressure on the courts from government bodies subjects of the Russian Federation and local governments. The consideration of labor disputes with state and municipal employees is also expected to fall under the jurisdiction of administrative courts. With this approach, similar arguments for the creation of specialized labor courts, in which only commercial and non-profit organizations will act as defendants, do not seem convincing enough. ——————— <1> Ibid. P. 46. <2> See: Judicial review of administrative cases: Legal reality and development prospects. M., 2002; Ershov V.V. Separation of powers: on the issue of the competence of courts to resolve administrative disputes // Russian Justice. 2001. N 11. S. 69 - 71; It's him. Recognition of normative legal acts as contrary to the Constitution of the Russian Federation and federal laws: Theory of the issue, judicial practice, legislative ideas // Russian Justice. 2003. N 4, 5, 6. S. 1 - 4; Theoretical and practical problems of administrative justice. M., 2005.

Proving the need for the development and adoption of the Labor Procedural Code of the Russian Federation, the authors, in the most general form, Fr. As is known, the Code of Civil Procedure of the Russian Federation includes separate chapters (for example, Chapters 23 - 38) containing specialized procedural rules for the consideration of certain categories of disputes in the courts. It seems that it would be preferable to supplement the current Code of Civil Procedure of the Russian Federation with another chapter regulating the specifics of the consideration of labor disputes in the courts, since, in our opinion, there are much more general procedural principles and norms than specific ones. In particular, in such a chapter of the Code of Civil Procedure of the Russian Federation it would be possible to resolve issues related to the jurisdiction and jurisdiction of labor disputes, the composition of a specialized court for labor disputes, the legal status of participants in the process, the distribution of the burden of proof, additional procedural guarantees for workers, measures to ensure claims, judicial expenses, etc. A number of proposals to create a Labor Procedural Code of the Russian Federation, in my opinion, do not comply with the Constitution of the Russian Federation. For example, the authors believe: “It is necessary that all types of legal proceedings are preceded by a pre-jurisdictional stage (stage) of resolving a labor dispute, resolving disagreements during direct negotiations before contacting a jurisdictional body (CCC, court)... AN EMPLOYEE BEFORE APPLYING TO A PRE-JUDICIAL, EXTRA-JUDICIAL OR JUDICIAL AUTHORITY, WHO ALLOWED THE RIGHT TO RESOLUTE LABOR DISPUTES IS OBLIGATED TO CONFIRM AN ATTEMPT TO NEGOTIATE WITH THE EMPLOYER” <1> (emphasis added - E.E.). At the same time Art. 46 of the Constitution of the Russian Federation does not provide for pre-trial or extra-judicial bodies for resolving disputes, but guarantees citizens only direct judicial protection. ——————— <1> Kostyan I., Piskarev I., Shelomov B. Decree. Op. P. 49.

At the same time, Part 1 of Art. 46 of the Constitution of the Russian Federation guarantees in Russia only judicial protection of rights and freedoms. In addition, part one of Art. 391 of the Labor Code of the Russian Federation in the previous edition established: “The courts consider individual labor disputes at the request of an employee, employer or trade union defending the interests of the employee when they do not agree with the decision of the labor dispute commission OR WHEN AN EMPLOYEE GOES TO COURT WITHOUT BYPASSING THE LABOR DISPUTE COMMISSION (emphasis mine - E.E.), as well as at the request of the prosecutor, if the decision of the labor dispute commission does not comply with laws or other “regulatory legal acts”. It is very significant that the Federal Law “On Amendments to the Labor Code of the Russian Federation, the recognition of certain normative legal acts of the USSR as invalid on the territory of the Russian Federation and the invalidity of certain legislative acts (provisions of legislative acts) of the Russian Federation”, adopted by the State Duma on July 16, 2006 ., in part one of Art. 391 of the Labor Code of the Russian Federation, only editorial changes were made: “In part one, the words “laws or other regulatory legal acts” are replaced with the words “labor legislation and other acts containing labor law norms.” I. Kostyan, I. Piskarev, B. Shelomov consider it necessary also in the Labor Procedural Code of the Russian Federation to regulate issues related to “the consideration and resolution of cases of establishing facts of legal significance... for example, establishing the fact of an industrial accident... The provisions of the Labor Procedural Code should provide features of consideration of labor cases with employers, foreign legal entities, the procedure for applying interim measures, features of proof... proceedings in the court of cassation and supervisory instances should be reflected in the norms of the Labor Code..." <1>. At the same time, the Code of Civil Procedure of the Russian Federation contains: Ch. 28 “Establishment of facts of legal significance” (including the fact of an accident - Article 264 of the Code of Civil Procedure of the Russian Federation); Ch. 43 and 44, regulating proceedings in cases involving foreign persons; Ch. 13, which defines procedural relations to secure a claim; Ch. 6, regulating issues related to evidence and proof; Ch. 40 and 41, establishing procedural features of proceedings in the court of cassation and supervisory instances. I think that it is possible to introduce relevant and necessary features into the procedural rules for the consideration of labor disputes in the above-mentioned chapters of the Code of Civil Procedure of the Russian Federation in order to avoid numerous repetitions and in order to “save legal material.” ——————— <1> Ibid.

The following conclusion of the authors of the article, related to the competence of the cassation instance, seems very debatable: “Cancellation of a court decision and transfer of the case to another court appears to be very difficult. In addition, this delays the resolution of the labor dispute. The determination (decision) of the cassation authority is final” <1>. However, strictly speaking, as a rule, the cassation instance has the right only to establish whether the decision of the court of first instance complies with federal laws or not. Review the dispute on its merits, request additional evidence, etc. Only a court can do so through appellate proceedings. ——————— <1> Kostyan I., Piskarev I., Shelomov B. Decree. Op. P. 52.

Thus, in my opinion, at present, in order to more effectively protect the labor rights of workers, it is necessary to focus more attention on further work to bring the Labor Code of the Russian Federation into conformity with the generally accepted principles and norms of international labor law and the Constitution of the Russian Federation. The need to create specialized courts for the consideration of labor disputes and the adoption of the Labor Procedural Code of the Russian Federation requires further in-depth scientific understanding, an objective study of the pros and cons, taking into account the real economic and personnel situation in Russia.

Supreme, Arbitration and Magistrate Court

If the plaintiff or defendant is not satisfied with the court's decision on the statement of claim, he can appeal it within the time limits established by law. The appeal procedure is determined by current legislation and cannot be violated. On January 1, 2012, amendments were made to the current Code of Civil Procedure of the Russian Federation to allow parties to a labor dispute to file appeals in courts whose decisions have not entered into legal force. Participants can also file a complaint with the cassation court if the court decision has entered into force.

Rules for filing a complaint:

1. An appeal against a decision of the magistrate's court may be filed with the appellate instance (the Supreme Court of a constituent entity of the Russian Federation) through a district court. At the same time, the complaint cannot reflect requirements that were absent in the statement of claim filed with the magistrate court (lower court).
2. If you do not agree with the appeal ruling, you can file a complaint with the Presidium of the Supreme Court of the constituent entity of the Russian Federation. The deadline for filing a complaint is 6 months from the date of entry into force of the appeal ruling.
3. If the Supreme Court of the subject refuses to satisfy the complaint, the citizen has the right to appeal to the Supreme Court of the Russian Federation. For this, he is given a period of 6 months from the date of the decision on the complaint to the Presidium of the Supreme Court of the constituent entity of the Russian Federation.

In practice, appealing a court decision alone, without a legal background, is extremely difficult. You need to have an idea of ​​the sequence of procedural stages and follow them exactly, draw up all documents correctly and submit them in the manner established by current legislation.

It is good if an experienced lawyer handles the case at all stages prior to going to the Supreme Court. Even knowledge of all the regulations regarding the preparation of documents submitted to this authority may not be enough to win the case. There are a number of subtleties that only a practicing lawyer in individual labor disputes is familiar with. The text of the complaint must be as well-reasoned as possible, supported by facts, only in this case the Supreme Court will accept it for consideration.

Consult with our lawyers on all issues related to resolving labor disputes in Moscow. Our lawyers will help you decide on jurisdiction and collect the necessary evidence, draw up a statement of claim and can accompany the plaintiff in court. If there is a need to appeal a decision of a magistrate or district court, lawyers will also provide competent assistance.

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Concept and types of labor disputes

Labor disputes at enterprises arise when a specialist or manager is not satisfied with the actions of the other party to the contract on the basis of which they cooperate. Violated employee rights are one of the reasons for complications in labor relations, often serving as the basis for discussing controversial issues.

Causes of disputes

Both parties to the contract have the right to defend their position when their legal rights are violated. The types of disagreements that arise have an economic, social or material orientation. Frequent causes of disputes from an employee’s point of view:

• delay or non-payment of wages;
• lack of working conditions;
• inability to go on paid leave;
• failure to provide social guarantees and benefits;
• lack of safety precautions, especially those resulting in injury or illness.

From the employer's point of view, controversial issues arise:

• due to improper performance of duties by employees;
• in case of non-compliance with the rules of procedure at the enterprise;
• due to the commission of offenses;
• due to damage to company property.

ATTENTION! Reaching a pre-trial compromise is considered the best option for resolving labor disputes. Reaching consensus means resolving an issue without resorting to litigation so that both parties are satisfied.