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The review of labor disputes

The review of labor disputes

Labor disputes are considered:
1) The Commission on Labor Disputes;
2) district (city) courts.

This is in consideration of labor disputes arising between an employee and the owner or authorized, shall apply regardless of the form of employment contract. The established procedure for consideration of labor disputes does not apply to disputes about the early release of the elective positions paid members of the public and other associations of citizens to address the bodies that elected them. Commission on Labor Disputes shall be elected by general meeting (conference) of the labor collective enterprise, institution or organization with a number of employees at least 15 people. The election procedure, the size, composition and term of office of the commission are determined by general meeting (conference) of the labor collective enterprise, institution or organization. The number of workers in the committee on labor disputes enterprise shall not be less than half of its membership.

Commission on Labor Disputes shall elect from among its members the chairman, his deputies and the secretary of the commission. Organizational and technical support of the Commission on Labor Disputes (providing equipped facilities, printing and other equipment necessary literature, organization of office, accounting and storage of workers\u0026#39; claims and cases, the preparation and issuance of copies of judgments, etc.) is carried out by the owner or authorized. Commission on Labor Disputes enterprise, institution or organization has the seal of a standard form. Commission on labor disputes is mandatory primary authority to address labor disputes in enterprises, institutions, organizations, except disputes referred to in articles 222, 232 of this Code. Labor dispute shall be subject to review by the Commission on Labor Disputes, if the employee independently or with the participation of trade union organization represents its interests, not to resolve differences in direct negotiations with the owner or authorized.

Timing treatment to the committee on labor disputes and the procedure for making claims worker. An employee may appeal to the labor dispute within three months from the date when he knew or should have known of the violation of his rights. In the case of passes for legitimate reasons, the deadline the commission on labor disputes can restore it. Statement by the employee, submitted to the commission, subject to mandatory registration. Commission on Labor Disputes must consider the labor dispute within ten days from the date of application.

lawyer justifiable reasons for crossing, the court may restore this term and consider the dispute on the merits. If the omitted term is restored, the statement is not considered, and remains in effect the commission\u0026#39;s decision on labor disputes.

Decision of the Commission on labor disputes shall be enforceable by the owner or authorized within three days after the ten days provided for in its appeal. In case of default by the owner or authorized the commission appointed by a labor dispute within the prescribed period the employee committee on labor disputes enterprise, institution or organization issued a certificate, a valid writ of execution. In the permit shall specify the name body, which rendered a decision on the labor dispute, the date of adoption and the issuance and number of the decision, first name, middle name and address of the collector, the name and address of the debtor, the number of his bank accounts, the decision on the merits, the term presenting the certificate to execution. Certificate certified by the signature of the chairman or deputy chairman of the committee on labor disputes enterprises, institutions, organizations and seal of the commission on labor disputes.

The certificate is issued, if the employee or the owner or his designated agent applied in accordance to Article 228 days from the statement on the resolution of a labor dispute in the district (city) court. Based on the identity asserted by no later than three months before the district, city (cities of regional importance), a district in the city department of the state executive service, the state carries out the decision of the Executive Committee on Labor to enforce.

 

 
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