In the event of a disagreement between the employee and the employer, it is necessary to create a labor dispute commission. It can be formed by one of the parties to the conflict. The created commission makes decisions, guided by the Labor Code of the Russian Federation and the norms of federal legislation.
Necessary
- - company documents;
- - seal of the organization;
- - Labor Code of the Russian Federation;
- - federal legislation;
- - employee documents;
- - the form of the protocol of the commission;
- - an application form on the possibility of resolving a labor dispute;
- - order form for personnel;
- - seal of the commission.
Instructions
Step 1
When disagreements arise within the framework of labor relations, on their registration or termination, there are parties to the conflict, then there is a labor dispute. A specially created commission can solve it. It must be attended by representatives of both sides, who are elected by the conference (general meeting). At the meeting, the chairman, deputy chairman and secretary are elected by voting.
Step 2
Then the director of the company, where the labor dispute commission is created, draws up an order. It is an administrative document for personnel and is written in any form. The topic of the order will be the creation of a commission, the reason is the emergence of a labor dispute. The document is certified by the signatures of the head of the enterprise, responsible persons, and the seal of the company. Moreover, a separate seal should be ordered for the commission.
Step 3
When there is a labor dispute, the employee should write a statement on the merits of the disagreement. The document contains the essence of the conflict, the personal data of the employee, his position and other required details. The application is signed by a specialist and sent to the chairman of the commission.
Step 4
Within ten days from the date the employee submits the application, the labor dispute committee must consider the document and make a decision. The protocol contains the name of the company in accordance with the charter, other constituent document, or the personal data of an individual registered as an individual entrepreneur, if the company has an appropriate organizational and legal form.
Step 5
The substantive part of the commission's decision consists of the personal data of the specialist who applied to this body, his profession or position (if he is currently working in the organization). Next, the date of writing the application by the employee, the essence of the conflict, is entered.
Step 6
The labor dispute is resolved by the results of a secret ballot of those present at the meeting of the commission. The minutes record the personal data of each of its members who have come to the general meeting. The decision made is written in the manner prescribed by law, and with references to the Labor Code of the Russian Federation or other regulatory legal acts.
Step 7
The protocol is copied, one copy is given to the employee, the second to the management of the organization, the third is backed up to the documents of the commission. If the employee does not agree with the decision, then he can appeal it within ten days.
