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Collective labor disputes: causes, solution, prevention. Enforcement of court decisions on individual labor disputes Non-enforcement of decisions on labor disputes by the employer

Execution of decisions of the commission on labor disputes. The decision of the commission on labor disputes in accordance with Article 389.

The Labor Code of the Russian Federation is subject to execution within three days after the expiration of ten days provided for appeal.

In case of failure to comply with the decision of the commission in fixed time the employee is issued by the commission on labor disputes a certificate, which is an executive document.

The certificate shall not be issued if the employee or the employer has filed an application for the transfer of the labor dispute to the court within the prescribed period. Based on the certificate issued by the labor dispute commission and presented no later than three months from the date of its receipt, the bailiff enforces the decision of the labor dispute commission.

If an employee misses the established three-month period for good reasons The labor dispute commission that issued the certificate may restore this period. Making decisions on labor disputes on dismissal and transfer to another job. If the dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute277. The body considering an individual labor dispute makes a decision to pay the employee the average earnings for the entire period of forced absenteeism or the difference in earnings for the entire period of performing lower-paid work.

At the request of the employee, the body considering an individual labor dispute may limit itself to making a decision on the recovery of the above compensation in his favor, as well as decide to change the wording of the grounds for dismissal to dismissal on own will.

If the wording of the reason for dismissal is recognized as incorrect or not in accordance with the law, the court considering an individual labor dispute is obliged to change it and indicate in the decision the reason and grounds for dismissal in strict accordance with the wording Labor Code RF or other federal law. If the incorrect wording of the reason for dismissal in work book prevented the employee from entering another job, then the court decides to pay the employee the average earnings for the entire time of forced absenteeism.

In cases of dismissal without legal basis or in violation of the established procedure for dismissal or illegal transfer to another job, the court may, at the request of the employee, issue a decision to compensate the employee for monetary compensation for moral damage caused to him by these actions. The amount of this compensation is determined by the court.

If the body considering an individual labor dispute recognizes the employee's monetary claims as justified, then in accordance with Article 395 of the Labor Code of the Russian Federation they are satisfied in full.

Enforcement of reinstatement decisions. The decision on the reinstatement of an illegally dismissed employee, on the reinstatement of an employee who was illegally transferred to another job, is subject to immediate execution278. If the employer delays the execution of such a decision, the decision-making body issues a ruling on payment to the employee for the entire time of the delay in the execution of the decision of the average earnings or the difference in earnings.

Limitation of the reverse recovery of amounts paid by decision of the bodies considering individual labor disputes. In accordance with Article 397 of the Labor Code of the Russian Federation, the reverse recovery from the employee of the amounts paid to him in accordance with the decision of the body for the consideration of an individual labor dispute, when the decision is canceled by way of supervision, is allowed only in cases where the canceled decision was based on information reported by the employee false information or false documents submitted by him.

CONTROL QUESTIONS AND BUILDINGS

1. Define the concept of an individual labor dispute.

2. Name the bodies that consider individual labor disputes.

3. What is the procedure for considering a labor dispute?

4. What are the ways to resolve individual labor disputes.

5. What is a labor dispute commission, how is it created?

6. What is the competence of the commission on labor disputes?

7. Name the terms for applying to the labor dispute commission.

8. What is the procedure for consideration of an individual labor dispute in the commission on labor disputes.

9. In what order is the decision of the commission on labor disputes taken and what is its content.

10. What are the procedures and terms for appealing the decision of the labor dispute commission?

11. What individual labor disputes can be considered in court?

12. What are the terms for applying to the court for resolving an individual labor dispute?

13. What is the procedure for the execution of decisions of the commission on labor disputes?

14. What decision can be made by the court on an individual labor dispute?

15. What is the procedure for enforcing a court decision on an individual labor dispute?

87. Execution of decisions on individual labor disputes

Immediate execution of certain decisions and rulings on labor matters

The decision or resolution adopted by the body for the consideration of labor disputes to restore at work, at the previous workplace, the previous essential working conditions - it is subject to immediate execution.

If the employer delayed the execution of such a decision or decision, then for the time of the delay from the date of the decision or decision to the day of its execution, the employee is paid the average wage or the difference in earnings.

In accordance with civil procedural legislation, a court decision on payment to an employee is also subject to immediate execution. wages but not more than one month.

The decision of the commission on labor disputes must be executed by the employer no later than a three-day period after the expiration of 10 days provided for its appeal. except for the above.

Enforcement of the decision of the commission on labor disputes

If the employer fails to comply with the decision of the commission on labor disputes within the prescribed period, it issues to the employee a certificate having the force of a writ of execution.

The certificate shall not be issued if the employee or the employer has filed an application with a court for the resolution of a labor dispute within the prescribed period (Article 242).

The certificate shall indicate the name of the commission that made the decision on the labor dispute; the date of the decision and the issuance of the certificate; surname, name, patronymic of the employee; decision on the merits of the dispute. The certificate is certified by the signatures of the chairman and secretary of the commission on labor disputes.

On the basis of a certificate issued and presented to the court no later than three months, the bailiff enforces the decision of the labor dispute commission by force.

If an employee misses the established three-month period for good reasons, the CTC that issued the certificate may restore this period.

88. Concept, subject, subjects (parties) of a collective labor dispute. The moment of the emergence of a collective labor dispute

Collective labor dispute (conflict) are unresolved disagreements between the parties to collective labor relations regarding the establishment, changes in the socio-economic conditions of work and life of workers, the conclusion, change, execution or termination of collective agreements, agreements (Article 377 of the Labor Code).

Causes collective labor disputes can be guilty acts officials, explained by their subjective views, the group egoism of workers (the disputing party), who do not take into account the public interests, etc.

Read also: Entry in the work book about the transfer to another position sample 2019

Signs that characterize collective disputes:

The subject is employees (collective of employees) represented by representative bodies.

The rights and interests of the entire team of employees (or part of it) on issues of labor and life are disputed and protected.

Allowed by conciliation commissions, mediators, labor arbitrations, Republican labor arbitration.

They are of an unscrupulous nature. They are allowed in special, only inherent, procedural forms.

The procedure for resolving collective labor disputes is regulated by Chapter 36 of the Labor Code.

The main principles of dispute resolution are: pre-arbitration conduct of conciliation procedures, collegial consideration of the dispute, equality of the parties, accounting real opportunities decisions made, etc.

Decisions of the Republican Labor Arbitration on collective disputes on the execution of collective agreements and agreements, as well as on disputes arising in organizations for whose employees the legislation establishes restrictions on the exercise of the right to strike, can be appealed to the court within 10 days from the date of receipt.

The moment of the beginning of the collective labor dispute the day of notification of the decision of the employer on the rejection of all or part of the claims of employees or failure to notify the employer within 3 days from the date of filing the requirements of his decision, as well as the date of drawing up a protocol of disagreements during collective bargaining, is considered.

Subject Collective disputes are the rights and interests on which disagreements arose between the labor collective and the employer. In Art. 364 of the Labor Code of the Republic of Belarus is given indicative list socio-economic conditions that may become the subject of a collective dispute.

Participants of collective labor disputes:

representatives of employees - bodies of trade unions and their associations, authorized to represent in accordance with their charters, bodies of public amateur performance, formed at a meeting (conference) of employees of an organization, branch, representative office and authorized by him;

representatives of employers - heads of organizations or other authorized persons in accordance with the charter of the organization, other legal acts persons, authorized bodies of associations of employers, other bodies authorized by employers;

Service for Settlement of Collective Labor Disputes – government agency facilitating the resolution of collective labor disputes by organizing conciliation procedures and participation in them.

ENFORCEMENT OF DECISIONS ON LABOR DISPUTES.

A decision on a labor dispute made by both the CCC and the court can be executed on a voluntary basis. The decision of the CCC is binding and is not subject to the approval of the employer or the union. It is subject to execution by the employer no later than 3 days after the expiration of 10 days provided for its appeal (Article 248 of the Labor Code of the Republic of Belarus). This period is calculated from the moment the tenant receives a copy of the CCC decision made on a specific dispute.

In the event that the employer does not comply with the decision of the CCC voluntarily, or does not fulfill it on time, it becomes necessary to compel the employer to execute the decision of the CCC. In this case, the CCC will issue a certificate to the employee, which has the force of a writ of execution of a judicial authority (Article 249 of the Labor Code of the Republic of Belarus). The certificate is issued at the request of the employee in whose favor the CCC decision was made. On its own initiative, the CCC does not issue a certificate.

The certificate is not issued before the expiration of the 10-day period during which the parties have the right to appeal the decision of the CCC in court. A certificate is not issued even if the employee or the employer has filed an application with a court for resolving a labor dispute within the prescribed period.

A certificate for the enforcement of a decision issued by the CCC must have the appropriate details: the name of the commission that made the decision on the labor dispute; date of the decision and date of issue of the certificate, last name, first name, patronymic of the employee, decision on the merits of the dispute. The wording of the decision must be indicated in a clear form, in strict accordance with the decision of the CCC (Article 249 of the Labor Code of the Republic of Belarus).

The certificate is certified by the signature of the chairman and secretary of the CCC. The certificate must indicate the date of issue of the certificate, since from this date the period for presenting the certificate to the court for enforcement begins to run. The certificate issued to the employee must be presented to them in court for the enforcement of the decision of the CCC within 3 months. If this deadline is missed for a good reason, then the CCC that issued the certificate may restore this deadline. The issue of restoring the term is considered at a meeting of the commission. Having recognized the reason for missing the deadline as valid, the commission issues a decision to restore the deadline, which is noted on the certificate.

If the deadline is missed for unjustified reasons, the CCC refuses to restore it. As a result of missing the deadline for presenting the certificate for execution, it loses its force and is not subject to execution.

Enforcement of the decisions of the CCC is carried out by the bailiff of the court, in the territory of the district (city) of which the employer, who is in this case the debtor, is located.

Judicial decisions on labor disputes are executed according to general rules execution of judgments. As a rule, court decisions are enforced after they enter into force, i.e. after the expiration of the 10-day period provided for appealing the decision or after the consideration of the case by the court of cassation, which left the decision unchanged.

Read also: Regulations on the peculiarities of the procedure for calculating the average wage

However, for some categories of labor disputes, the legislation provides for the immediate execution of court decisions that have not yet entered into force. Thus, decisions on satisfaction of a claim for the reinstatement of an illegally dismissed employee at work, on awarding a salary to an employee, but not more than one month in advance, are subject to immediate execution (Article 313 of the Code of Civil Procedure of the Republic of Belarus). In cases where wages for more than one month have been collected, the decision is subject to immediate execution only in the part of the collection of wages for one month. The execution of the decision in the remaining amount of wages is carried out after the entry into force of the decision. Immediate enforcement of judgments in labor cases is also possible in other cases, which must be motivated in the decision.

An indication in the decision on the immediate execution of the court decision does not deprive the parties of the right to appeal such a decision in cassation. However, the employer is obliged to comply with the court decision, despite disagreeing with it and filing a complaint against this decision. An appeal against the decision in the cassation procedure is not a basis for suspending the decision on reinstatement or the recovery of wages. The employee must be allowed to work for which he is reinstated immediately after the decision is made.

A writ of execution on the immediate execution of a court decision on a labor dispute is issued to the employee (collector), or sent for execution directly by the court.

In accordance with Art. 389 of the Labor Code of the Russian Federation, the decision of the CCC is subject to execution within three days after the expiration of ten days provided for appeal. This period cannot be reduced or extended either at the request of the employee or at the initiative of the CCC. The employer has the right to execute the decision of the CCC earlier specified in Art. 389 of the term, if it is made in favor of the employee and satisfies all his requirements. This period is calculated from the moment the employer receives a copy of the CCC decision made on the dispute.

If the employer has not fulfilled the decision of the CCC within the prescribed period, then the mechanism for the enforcement of the decision begins to operate.

In case of non-execution of the decision of the commission within the prescribed period, the specified commission issues a certificate to the employee, which is an executive document.

The certificate issued by the CCC includes a list of enforcement documents (Article 12 of the Federal Law "On Enforcement Proceedings").

Commissions for Labor Disputes structural divisions organizations are not entitled to issue such certificates having the force of a writ of execution. These certificates can only be issued by the CCC of organizations.

An employee can apply for a certificate within one month from the date of the decision of the CCC. If the employee misses the specified period for good reasons, the CCC may restore this period. The certificate shall not be issued if the employee or the employer has filed an application for the transfer of the labor dispute to the court within the prescribed period.

Based on the certificate issued by the CCC and presented no later than three months from the date of its receipt, the bailiff enforces the CCC decision forcibly.

The federal law "On Enforcement Proceedings" provides for options for interrupting the deadline for presenting a writ of execution for execution (Article 22). The term is interrupted:

- presenting a writ of execution for execution;

- partial execution of the executive document by the debtor.

After a break, the period for presenting a writ of execution for execution is resumed. The time elapsed before the termination of the term, in new term does not count.

In the event of the return of the writ of execution to the recoverer due to the impossibility of its execution, the period for presenting the writ of execution for execution is calculated from the day the writ of execution is returned to the recoverer.

If an employee misses the established three-month period for valid reasons, the CCC that issued the certificate may restore this period.

Executive documents, on which the deadline for presenting them for execution has expired, are not accepted by the bailiff for production, about which they issue an appropriate decision.

A recoverer who has missed the deadline for presenting a writ of execution or a court order for execution is entitled to file an application for the restoration of the missed deadline with the court that adopted the relevant judicial act, if the restoration of the specified period is provided for by federal law.

In Art. 13 of the Federal Law "On Enforcement Proceedings" lists the requirements for enforcement documents. In particular, they must indicate:

1) the name and address of the body that issued the executive document;

2) the name of the case or materials on the basis of which the enforcement document was issued, and their numbers;

Immediate execution of certain decisions and rulings on labor matters

A court decision on the payment of wages to an employee, but not more than one month in advance, is also subject to immediate execution in accordance with civil procedural legislation.

The decision of the commission on labor disputes must be executed by the employer no later than a three-day period after the expiration of 10 days provided for its appeal except for the above.

Enforcement of the decision of the commission on labor disputes

If the employer fails to comply with the decision of the commission on labor disputes within the prescribed period, it issues to the employee a certificate having the force of a writ of execution.

The certificate shall not be issued if the employee or the employer has filed an application with a court for resolving a labor dispute within the prescribed period (Article 242).

On the basis of a certificate issued and presented to the court no later than three months, the bailiff enforces the decision of the labor dispute commission by force.

If an employee misses the established three-month period for good reasons, the CTC that issued the certificate may restore this period.

88. Concept, subject, subjects (parties) of a collective labor dispute. The moment of the emergence of a collective labor dispute

Collective labor dispute (conflict)- these are unresolved disagreements between the parties to collective labor relations regarding the establishment, change in the socio-economic conditions of work and life of workers, the conclusion, change, execution or termination of collective agreements, agreements (Article 377 of the Labor Code).

Causes collective labor disputes can be guilty actions of officials, explained by their subjective views, the group egoism of workers (the disputing party), who do not take into account the public interests, etc.

Signs that characterize collective disputes:

The subject is employees (collective of employees) represented by representative bodies.

The rights and interests of the entire team of employees (or part of it) on issues of labor and life are disputed and protected.

Allowed by conciliation commissions, mediators, labor arbitrations, Republican labor arbitration.

They are of an unscrupulous nature. They are allowed in special, only inherent, procedural forms.

The procedure for resolving collective labor disputes is regulated by Chapter 36 of the Labor Code.

The main principles of dispute resolution are: pre-arbitration conciliation procedures, collegial consideration of a dispute, equality of the parties, taking into account the real possibilities of decisions, etc.

Decisions of the Republican Labor Arbitration on collective disputes on the execution of collective agreements and agreements, as well as on disputes arising in organizations, in respect of whose employees the legislation establishes restrictions on the exercise of the right to strike, can be appealed to the court within 10 days from the date of receipt.

Subject Collective disputes are the rights and interests on which disagreements arose between the labor collective and the employer. In Art. 364 of the Labor Code of the Republic of Belarus provides an approximate list of socio-economic conditions that may become the subject of a collective dispute.

Participants of collective labor disputes:

representatives of employers - heads of organizations or other persons authorized in accordance with the charter of the organization, other legal acts, authorized bodies of associations of employers, other bodies authorized by employers;

service for the settlement of collective labor disputes - a state body that facilitates the resolution of collective labor disputes by organizing conciliation procedures and participation in them.

For many years, judicial statistics on the consideration of labor disputes shows that most often the claims of employees are satisfied. However, this does not mean that “the worker is always right”. Often the reason for the "defeat" of the employer in the lawsuit lies in a lack of understanding of the meaning of the requirements of the law.

In a previous publication on labor disputes (see Human Resources Bulletin, No. 4, pp. 67–76), we examined the categories of labor cases that fall under the jurisdiction of the courts and issues related to the issuance and enforcement of a judgment. In this article, I would like to talk about one of the options for resolving a labor dispute - the conclusion by the parties of a settlement agreement, and also dwell on legal features consideration by the courts of certain, the most common categories of labor cases.

Conflicts in the field labor relations may arise between the parties for a variety of reasons (for example, unfair fulfillment of the conditions employment contract, non-fulfillment of one's duties, non-observance of legitimate interests, direct violation of rights guaranteed by law). A labor conflict does not always transform into a labor dispute, and the dispute rarely becomes the subject of litigation. As you know, this happens only in cases where the “offended” employee (namely, he is most often given the right to initiate a labor dispute by law, although any of the parties can be the culprit of the conflict) initiates an appeal to the labor dispute resolution body, including to court. But often the employee does not want or is afraid to apply to the labor dispute resolution bodies, and, consequently, the conflict remains unresolved. This, in turn, leads to negative consequences for both sides. As a result of an unresolved labor conflict, an employee may experience a feeling of dissatisfaction, stress, decrease work motivation and labor productivity, the employer will have a feeling of permissiveness, which is fertile ground for further violations. Obviously, such a situation can turn into stress for the employer, for example, if he is held legally liable. Taking into account the increasing trend state control and oversight of compliance with labor laws, this is becoming quite real.

Since labor conflicts are not taken into account, it is difficult to draw an objective conclusion about whether they have become more. Labor disputes, as is known, are subject to registration both at the pre-trial level of their consideration (in the commissions on labor disputes of organizations (CTS)), and in courts. Judicial statistics allow us to talk about an annual increase in the number of labor disputes, which, in turn, may indicate an increase in the legal activity of employees. I would like to draw the attention of employers to this fact, who make illegal decisions based on submissive, non-conflict workers, who will not go to court even in the event of outright violations of their rights. Should not be assigned big hopes and on the widespread negative stereotype of public opinion about the personality of the “complainer”. If earlier it was believed that only “slanderers”, “litigators”, etc., go to court, now significant changes are taking place in the public consciousness, and workers resorting to judicial protection violated rights are increasingly respected and supported by colleagues.

Interestingly, in the overwhelming majority of cases, the basis for the emergence of labor disputes is a violation of the rights of the employee directly established and guaranteed by law (for example, non-payment of wages in the manner prescribed by law - at least every half a month). Such disputes in many Western countries are usually classified as conflicts of law.

If, according to the law, the parties must resolve the issue by mutual agreement (for example, the issue of dividing the employee's vacation into parts) and cannot come to that, there is no formal basis for the dispute. For example, an employee who applied for a vacation not in full, but in parts and received a refusal from the employer, does not have a formal reason to complain, since his right to leave is not violated, he will receive it in accordance with the vacation schedule in the prescribed manner. You can try to appeal employer's lack of understanding those reasons that force the employee to apply for the division of leave. Indeed, such examples Russian practice does not yet know how to deal with individual labor disputes. In the Western classification, such conflicts are called conflicts of interest. Considering the fact that modern Russian labor legislation is focused on the contractual relations of the parties (i.e. many issues are determined not by law, but by the parties themselves by voluntary consent), it is likely that similar categories of disputes will also arise in Russia in the near future, which will be considered by the CCC and the courts along with conflicts of law.

Analyzing the grounds for the emergence of labor disputes considered by the courts, we can conclude that the most common are disputes related to the dismissal of employees for various reasons, including disputes about changing the wording of the reasons and dates of dismissal; unjustified and illegal transfers of employees; application of disciplinary sanctions, including dismissal for violation of labor discipline; delays in the payment of wages, as well as related disputes on compensation for moral damage and payment of compensation for the time of forced absenteeism or performance of lower-paid work; disputes on the claims of employers for the recovery from employees of the material (property) damage caused by them. Of course, the courts consider many other categories of cases under their jurisdiction. In the previous publication, we have already said that the jurisdiction of the courts includes labor disputes on all issues of the application of the law, other regulatory acts on labor, collective agreement and other agreements on the labor of persons working under an employment contract in an organization of any form of ownership. Moreover, the court protects the rights and freedoms of citizens, regardless of what subject they are violated. If the subjective labor right is violated by an individual act of applying the norms, then this act can be appealed to the court in compliance with the procedure specified in Art. 391 of the Labor Code of the Russian Federation.

The court has jurisdiction over disputes over the justification for terminating an employment contract with executives appointed to positions by decrees of the Government of the Russian Federation; disputes of civil servants (with the peculiarities provided for by the Federal Law of July 31, 1995 No. 119-FZ “On the Fundamentals of Public Service Russian Federation»); disputes about the reinstatement of persons dismissed due to the end of the term of elective work and not elected for a new term, if the procedure for holding elections is violated; on illegal dismissal, if an order to this effect is issued by a manager who does not have the right to hire and terminate an employment contract; on the employment of persons released from elective office due to the end of their term of office; on changing the term of the employment contract, if it was concluded in violation of Art. 58, 59 of the Labor Code of the Russian Federation.

The Labor Code of the Russian Federation, in contrast to the Labor Code of the Russian Federation, also includes disputes about transfers to another job to the direct competence of the court (magistrate) of the Labor Code of the Russian Federation.

Disputes arising from

layoffs and transfers of employees

Reinstatement of an employee at a previous job

Article 394 of the Labor Code of the Russian Federation provides for the legal consequences of a dismissal without legal basis or in violation statutory order or illegal transfer to another job. And these consequences are quite serious - the worker reinstated at previous job.

Reinstatement at work is the return of the employee to the former legal status that existed before illegal dismissal or illegal transfer to another job. Reinstated worker:

a) the previous job is provided, i.e. work in the same specialty or in a position with the same working conditions that he performed before the illegal dismissal or transfer;

B) all the time of forced absenteeism is paid or the difference in earnings is paid for the time of performing lower-paid work;

c) monetary compensation for non-pecuniary damage is paid at his request;

d) uninterrupted work experience is restored, and the time of paid forced absenteeism is included in all types of his work experience, including the length of service for the next vacation;

e) from the date of restoration, the employee is entitled to sick leave benefits. It is also restored in other rights to certain benefits and guarantees.

Article 391 of the Labor Code of the Russian Federation establishes the procedure for resolving labor disputes about reinstatement at work with the same working conditions, regardless of the grounds for termination of the employment contract, the initiative of the party to the contract, the procedure for hiring and dismissal, as well as from the organization where the labor function was performed. The decision to reinstate an employee shall specify:

name of company;
position (specialty) of the employee;
all essential working conditions under which the former labor function was previously performed.

The dismissal is considered without legal basis if the termination of the employment contract occurred without the grounds provided for by the relevant federal laws or the Labor Code of the Russian Federation, in particular: Art. 77 of the Labor Code of the Russian Federation "General grounds for termination of an employment contract", art. 81 of the Labor Code of the Russian Federation "Termination of an employment contract at the initiative of the employer", Art. 83 of the Labor Code of the Russian Federation "Termination of an employment contract due to circumstances beyond the control of the parties". This primarily applies to those cases where an employee is dismissed on grounds not specified in the law, but included in individual labor contracts. For example: "Fired for violation of corporate ethics."

Therefore, it is very important to know and be able to correctly qualify the grounds for terminating an employment contract in accordance with the norms of the Labor Code of the Russian Federation or other federal laws, and also to understand that if it is impossible to select the appropriate ground from those provided by law, then dismissal cannot be made.

Disputes about layoffs employee initiative(own will)

The employee's initiative as a ground for terminating an employment contract is the most common reason for terminating an employment relationship. At the same time, everyone is well aware that such a basis is often used in cases where the employer intends to get rid of an unwanted employee. In this case, the emergence of "own desire" is preceded by pressure, blackmail and even threats against him by the employer. Paradoxical as it may sound, employees will appeal against the dismissal made at their “own will” in court (clause 3, article 77 of the Labor Code of the Russian Federation).

Considering disputes related to dismissal at the initiative of an employee, the courts pay attention to the following circumstances:

a) termination of the employment contract at the initiative of the employee is permissible only if he free will. If the plaintiff claims that the administration forced him to submit a resignation letter of his own free will, the court carefully checks these arguments;

b) the employment contract can be terminated before the expiration of the notice of dismissal, but only with the consent of the parties (it is checked whether the employee’s consent is voluntary);

c) an employee who has submitted an application for dismissal of his own free will has the right to withdraw his application before the expiration of the notice period. The only exceptions are cases when another employee is invited to his place, who, in accordance with the law, cannot be refused to conclude an employment contract. If, after the expiration of the warning period, the employment contract has not been terminated and the employee does not insist on dismissal, the contract is considered continued.

Disputes about dismissal at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation)

One of the essential guarantees of the right to work is the restrictive list of grounds established by law for the dismissal of an employee at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation). Some grounds apply to all employees, regardless of the work functions they perform, and therefore are general, others - only to special categories of employees (for example, financially responsible persons, managers, their deputies and chief accountants, persons performing educational functions, etc.) and are additional (clauses 4, 7–10 of article 81 of the Labor Code of the Russian Federation). Some grounds are related to production reasons and do not imply the presence of the employee’s fault (clauses 1, 2 of article 81 of the Labor Code of the Russian Federation - liquidation of an organization and reduction in the number or staff of employees), but in individual cases depend on it personal qualities(subparagraphs “a” and “b”, paragraph 3 of article 81 of the Labor Code of the Russian Federation - the employee’s inconsistency with the position held or the work performed). Others - and most of them - are associated with the guilty actions (inaction) of the employee, and dismissal on some of these grounds is a measure disciplinary action, and therefore requires compliance with a special procedure (clause 5; subparagraphs "a", "b", "c", "d", "e" clause 6; clause 10, article 81 of the Labor Code of the Russian Federation).

The law provides certain rules for the application of each of these grounds, and the courts carefully check their observance.

It is important to know!

In cases on the reinstatement of persons dismissed at the initiative of the employer, the burden of proving the legality of the dismissal and compliance with its procedure lies with the defendant (employer).

Considering the claims of employees dismissed in connection with liquidation of the organization or termination of activity by the employer - individual(Clause 1, Article 81 of the Labor Code of the Russian Federation), the courts first of all find out whether the employer has really ceased its activities.

Since labor legislation does not provide for the concept of liquidation of organizations, it is necessary to rely on the provisions Civil Code Russian Federation (Civil Code of the Russian Federation), determining the procedure for the creation, transformation and liquidation legal entities. In Art. 61 of the Civil Code of the Russian Federation provides that the liquidation of a legal entity entails its termination without the transfer of rights and obligations by way of succession to other persons. The grounds for the liquidation of a legal entity may be, for example, a decision by its founders or a competent body, declaring it bankrupt, etc. Liquidation is considered completed after an appropriate entry is made in the Unified State Register of Legal Entities (Article 63 of the Civil Code of the Russian Federation), and this moment is the last term of dismissal of employees.

Termination of the employment contract under paragraph 1 of Art. 81 of the Labor Code of the Russian Federation is also carried out in the event of termination of the activities of the employer - an individual, which may occur, for example, as a result of declaring him bankrupt by a court decision, deprivation of a license for certain types activities or decisions made by him.

Upon termination of employment contracts under paragraph 1 of Art. 81 of the Labor Code of the Russian Federation, both the fact of liquidation and compliance with established by law on labor procedures and safeguards, which is also being clarified by the courts.

However, the largest number of court decisions on the reinstatement of employees dismissed at the initiative of the employer is taken when considering labor disputes arising in connection with a reduction in the number or staff of employees of the organization (clause 2 of article 81 of the Labor Code of the Russian Federation). When considering such disputes, the courts check whether there really was a reduction in the number or staff of the organization's employees (i.e., the validity of the dismissal). Often, the employer unfairly uses the specified basis in order to get rid of a certain employee, forgetting that it is not specific individuals that are subject to reduction, but jobs for production reasons. Employees occupying jobs that have become redundant are released in compliance with the guarantees established by law, the main of which is the provision of other work available in the organization. Therefore, the reduction of jobs and the release in connection with this work force does not mean termination of the employment relationship. It is possible, for example, to change the labor function of an employee (with his consent), send him for retraining and retraining, etc.

In practice, there are cases when workplace(position) is reduced, and the unwanted employee is fired as a result. But since this labor function is necessary in the production process, after a while such a position is again returned to staffing and hire a new employee. Most often, the manager is concerned about the question: how quickly can a reduced position be returned to the staffing table? The law does not establish such terms, and the right to determine the required number and staff of the employee belongs to the employer. It is only important to prove that at the time of dismissal this workplace (position) really became redundant, and therefore it was reduced. Of course, if after a short time the position is returned to the staff list and another employee takes it, it will not be easy to bring convincing evidence to the court of the need for the reduction. All these circumstances (of course, without interference in the production and economic activities of the employer) are carefully examined by the courts, which allows us to conclude that such dismissals are unjustified and the so-called fictitious reduction is carried out. Therefore, the employee must be reinstated in the previous job (in the previous position).

As already mentioned, along with the validity of the dismissal, the courts verify compliance with its legal procedure and order.

When considering disputes on dismissal to reduce the number or staff, the courts perform the following actions:

a) demand from the employer evidence of the employee's refusal to transfer to another job(moreover, the number of such offers is not established and is not limited) or evidence that the employer is unable to transfer the employee with his consent to another job in the same organization(Article 180 of the Labor Code of the Russian Federation);

b) find out if the released employee has preferential right to stay at work(Article 179 of the Labor Code of the Russian Federation);
c) check whether he was warned about the upcoming dismissal at least 2 months in advance. If the term for warning the employee about dismissal is not observed, the court has the right to change the date of dismissal (if the employee is not reinstated at work) so that the employment contract is terminated after the expiration of the notice period established by law. Of course, the period for which, in connection with this, the employment contract has been extended, is payable according to average earnings (by analogy with payment for forced absenteeism);

d) check whether the elected trade union body participated in the consideration of this issue- upon release of an employee who is a member of a trade union (Art. 82, 180 of the Labor Code of the Russian Federation).

Attention should be paid to significant changes in the procedure for agreeing with the elected trade union bodies on the dismissal of workers who are members of the trade union. In accordance with Part 2 of Art. 82 of the Labor Code of the Russian Federation dismissal of such employees under paragraph 2; sub. "b" p. 3; paragraph 5 of Art. 81 of the Labor Code of the Russian Federation is made taking into account motivated opinion (but not consent as provided for in Art. 35 of the Labor Code of the Russian Federation) of the elected trade union body of this organization. This means that when a trade union member is dismissed due to a reduction in the number or staff of the organization’s employees, the employer obliged to request on this occasion, a reasoned opinion of the elected trade union body, which must be expressed in writing and submitted to the employer within 7 days from the date of receipt of the draft order. Since the legal text mentions elected trade union body, but in practice most often such is a collegial body - the trade union committee, it seems that its opinion or decision should be developed collectively, and not solely by its leader (for example, the chairman). Therefore, a reasoned opinion can be formalized, in particular, by the minutes of the meeting of the trade union committee, which considered the employer's request for dismissal. The current labor legislation does not establish clear definitions and requirements on this issue, in contrast to the previous strict regulations for the adoption by the trade union body of a decision on consent (refusal of consent) to the dismissal of trade union members. Unfortunately, this is not the only omission of the legislation.

Often, mistakes made by employers when dismissing employees are due to precisely such shortcomings, i.e. the lack of clear definitions of legal concepts and clearly formulated procedural requirements in the norms of the law. In most cases, they are replenished by the highest bodies of the judiciary. The Supreme Court of the Russian Federation summarizes the practice of applying the current legislation when considering certain categories of civil cases (including labor cases) by the courts, and identifies problems and shortcomings. Based on the results of the analysis of the application of legislation, the Plenum of the Supreme Court of the Russian Federation adopts relevant decisions that are binding on the judiciary when they consider similar civil cases. In particular, we find answers to certain questions arising from labor relations in the repeatedly mentioned resolution of the Plenum of the Supreme Court of the RSFSR dated December 22, 1992 No. 16 “On Certain Issues of the Application of Legislation by the Courts of the Russian Federation in the Resolution of Labor Disputes”, which is applied by courts with taking into account the norms of the new Labor Code of the Russian Federation.

It is interesting to note that the largest number of court decisions that satisfied the claims of workers for reinstatement were court decisions in cases of reinstatement of persons dismissed at the initiative of the employer, which are based on the identification by the judicial authorities violations of the dismissal procedure. And the reason for this state of affairs is not limited to gaps in the legislation. Employers often make mistakes even when applying quite clearly and specifically formulated legal norms, apparently due to an insufficient level of legal knowledge. Deliberate violations of the established procedure for dismissal are also widespread, which may indicate a low level of legal culture.

It is important to know!

The courts consider the following to be a violation of the established procedure for dismissal:

a) when the dismissal was made immediately for several different reasons;

b) when the dismissal was made contrary to the norms of the Labor Code, which prohibit the dismissal of employees for some reason, if their transfer to another job is possible, as well as dismissal at the initiative of the employer during the period of vacation or temporary disability (Article 81 of the Labor Code of the Russian Federation);

c) when the dismissal to reduce the number or staff of employees was made without taking into account the norms establishing the preferential right to remain at work (Article 179 of the Labor Code of the Russian Federation);

d) when the dismissal was made without the participation of an elected representative trade union body of workers, if such is recognized as mandatory (Article 82 of the Labor Code of the Russian Federation);

e) if the employee is dismissed without complying with the requirements for a warning upon dismissal due to the expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation);

f) dismissal of a pregnant woman at the initiative of the employer, with the exception of cases of liquidation of the organization, as well as in connection with the expiration of the fixed-term employment contract before she has the right to maternity leave (Article 261 of the Labor Code of the Russian Federation);

f) dismissal of a woman with a child under the age of 3, a single mother with a child under the age of 14 (a disabled child under 18), other persons raising children without a mother, on grounds not related to guilty behavior an employee, with the exception of the complete liquidation of the organization or the termination of activities by the employer - an individual, as well as in connection with the inconsistency of the employee with the position held or work performed for health reasons (Article 261 of the Labor Code of the Russian Federation);

g) dismissal of an employee under the age of 18 at the initiative of the employer (except in cases of liquidation of the organization), carried out without the consent of state inspection labor and commission for minors and the protection of their rights (Article 269 of the Labor Code of the Russian Federation). This applies both to cases when the dismissal is made contrary to the opinion of these bodies, and to cases when the employer did not apply to these bodies at all;

h) dismissal of certain categories of workers contrary to the prohibition and restriction (i.e. without observing the guarantees established for them), in particular, the dismissal of a trade union member under paragraph 2; sub. "b" p. 3; paragraph 5 of Art. 81 of the Labor Code without taking into account the reasoned opinion of the elected trade union body (Article 373 of the Labor Code of the Russian Federation), as well as the dismissal of the heads of elected trade unions on the indicated grounds collegiate bodies and their deputies who are not released from their main work, without the prior consent of the relevant higher elected trade union body (Article 374 of the Labor Code of the Russian Federation) and former heads of elected trade union bodies and their deputies within 2 years after the end of their term of office (Article 376 of the Labor Code RF);

f) dismissal, at the initiative of the employer, of representatives of employees during the period of collective bargaining without the prior consent of the body that authorized them to represent them, with the exception of cases of dismissal for disciplinary violations (Article 39 of the Labor Code of the Russian Federation), as well as dismissal of representatives of employees participating in the resolution of a collective labor dispute , without the prior consent of the body that authorized them to represent them (Article 405).

As mentioned above, an illegally dismissed employee must be reinstated in his previous job. However, Part 3 of Art. 394 of the Labor Code of the Russian Federation provides that at the request of an employee who does not want to be reinstated in his previous job, the court has the right to limit itself to making a decision on payment for forced absenteeism and change the wording of the basis for dismissal - “termination of the employment contract at the initiative of the employee” (clause 3 of article 77 of the Labor Code of the Russian Federation) . This usually happens in cases where the employee has already found a job and does not intend to continue the employment relationship with the previous employer.

An employee may also initially file a lawsuit to change the wording of the reason for dismissal, rather than reinstatement. If the wording is recognized as incorrect or not in accordance with the current legislation, a decision is made to change it in strict accordance with the law. And if the incorrect wording of the dismissal complained by the employee in the work book prevented him from going to work, then simultaneously with the decision to change the wording, a decision is made to pay for the time of forced absenteeism.

Depending on the circumstances of the case that have come to light, the court may go beyond the claims made by the plaintiff if it considers it necessary to protect the rights and legally protected interests of the plaintiff, as well as in other cases provided for by law (Article 195 of the Code of Civil Procedure of the Russian Federation). For example, when considering a claim for reinstatement at work, the court explains to the employee that he can make an additional claim for payment for forced absenteeism.

Forced absenteeism is the time during which the employee, through the fault of the employer, was deprived of the opportunity to work and receive wages.

Issues related to forced absenteeism (establishment of the fact, duration, amount of compensation, etc.) are almost always considered by the courts in cases of reinstatement, as well as other cases related to dismissal. Compensation for involuntary absenteeism is currently not limited by any time frame and is paid for all actual time of forced absenteeism.

Labor disputes related to the transfer of an employee to another job

The transfer of an employee to another job is a change in his labor function or essential terms of the employment contract. Such a transfer is usually only allowed with written consent worker. It is impossible to require an employee to perform work that is not provided for by the employment contract. Written form as an indispensable condition only emphasizes the importance of voluntary expression of will. Certainly from general rule there are exceptions both in the legal norms themselves and in their application in practice. Some deviations from compliance with the established translation rules are the basis for disputes.

It is important to know!

The transfer is considered illegal if it is made without sufficient grounds or in violation of the procedure established by law.

The grounds have been established for certain types translations. Thus, the basis for a temporary transfer in the event of a production need is the presence of circumstances provided for by law (for example, to prevent a catastrophe, industrial accident or natural disaster; to prevent accidents, downtime, and also to replace an absent employee). In the absence of the grounds provided for in Art. 74 of the Labor Code of the Russian Federation, the translation is recognized as illegal.

Illegal are transfers made in violation of the procedure prescribed by law, in particular:

a) transfer to another permanent job produced without the consent of the employee (Article 72 of the Labor Code of the Russian Federation);

b) transfer to work that is contraindicated for the employee for health reasons (Article 74 of the Labor Code of the Russian Federation);

c) the transfer, at the initiative of the employer, of representatives of employees during the period of collective bargaining without the prior consent of the body that authorized them to represent them (Article 39 of the Labor Code of the Russian Federation);

d) transfer at the initiative of the employer of representatives of employees, their associations during the period of resolution of collective labor disputes (Article 405 of the Labor Code of the Russian Federation).

Consideration by the courts of the employee's claims for compensation for moral damage (harm)

When considering labor disputes in the courts, workers' compensation claims are becoming more common. moral damage. In this regard, it is important for both parties of labor relations to know what this concept includes from a legal point of view.

Moral harm caused in the sphere of labor relations was considered for a long time in accordance with the norms of civil law (Articles 151, 1101 of the Civil Code of the Russian Federation). According to Art. 151 of the Civil Code of the Russian Federation, moral harm implies the presence of physical and moral suffering caused by actions that infringe on personal non-property rights (the right to a name, authorship, etc.) or on intangible benefits belonging to a citizen (life, health, personal dignity, business reputation, inviolability privacy, etc.) .

Judicial practice on compensation for moral damage was summarized in the resolution of the Plenum of the Supreme Court of the Russian Federation “Some issues of the application of legislation on compensation for moral damage” dated December 20, 1994 No. 10 (as amended and supplemented). And although the Supreme Court of the Russian Federation did not give general definition physical and moral suffering, in paragraph 3 of the said decision, an attempt was made to reveal the content of one of the types of moral harm - moral suffering, which should be understood as “moral or physical suffering caused by actions (inaction) that encroach on intangible benefits belonging to a citizen from birth or by virtue of law (life, health, personal dignity, business reputation, privacy, personal and family secrets, etc.) .p.) or violating his personal non-property rights (the right to use his name, authorship), or violating the property rights of a citizen.

Only in 1997 did the concept of moral harm enter into labor law. In accordance with the Federal Law of March 17, 1997 No. 59-FZ “On Amendments and Additions to Article 213 of the Labor Code of the Russian Federation”, an employee was given the opportunity to apply to the court for monetary compensation for moral damage in the event of illegal dismissal or transfer. Norms on compensation for moral harm caused to an employee are also contained in the new Labor Code of the Russian Federation. In particular, Part 7 of Art. 394 of the Labor Code of the Russian Federation, as well as part 5 of Art. 213 of the Labor Code of the Russian Federation, provides for the possibility of recovering moral damages for illegal dismissal and transfer to another job. But especially significant is the emergence of a new norm in the Labor Code of the Russian Federation, which provides for the right to compensation for moral damage. without reference to specific types of employer's offenses (Article 237 of the Labor Code of the Russian Federation “Compensation for moral damage caused to an employee”) . This means that the employee has the right to apply for compensation for moral damage in all cases of violation of his labor rights, accompanied by moral or physical suffering.

The law provides for compensation for non-pecuniary damage in monetary form, the amount of which may be determined by agreement of the parties to the employment contract. In the event that such an agreement between them is not reached and a labor dispute arises on this occasion, the employee has the right to file a lawsuit in court (with a justice of the peace). The court determines the existence of the fact of non-pecuniary damage, i.e. physical and moral suffering of an employee in violation of his right to work. The decision shall indicate the grounds for the recovery and the amount of compensation, which is also determined by the court (magistrate).

It is important to know!

To compensate for non-pecuniary damage, it is necessary to have the following conditions at the same time, defined by Art. 151 of the Civil Code of the Russian Federation:

a) the fact of moral damage (harm). Determining the presence of moral harm in the sphere of labor relations, first of all, they mean moral suffering and experiences in mental sphere of a person, caused to him by infringements on his labor rights (for example, in cases of illegal dismissal or transfer to another job). physical harm, as is known, is expressed in causing physical pain associated with damage to health or illness due to moral suffering;

b) unlawful actions (inaction) of the tortfeasor, i.e. the actions of the employer who violated the labor rights of the employee are recognized as illegal from the point of view of labor legislation;

in) causal relationship between illegal action (inaction) and non-pecuniary damage. This means that it is the unlawful action (inaction) committed by the employer that is the main cause of moral harm. For example, if, as a result of the illegal application of a disciplinary sanction, an employee experiences strong feelings (moral suffering) and, in connection with this, suffers a hypertensive crisis (physical suffering), then there is cumulative moral harm, which is a consequence of the unlawful actions of the employer (illegal application of the sanction), i.e. e. is with these actions in a causal relationship;

G) fault of the perpetrator. The principle of guilt is a prerequisite for holding the employer accountable, which follows from the analysis of Part 2 of Art. 151 of the Civil Code of the Russian Federation, which states that “when determining the amount of compensation for moral damage, the court takes into account the degree of guilt of the violator ...”. In addition, as mentioned above, the non-pecuniary damage subject to compensation must not be caused by any actions of the employer, but only by those that are recognized by law as unlawful, which also implies guilt.

When determining the amount of compensation for non-pecuniary damage, the court also takes into account the degree of physical and moral suffering associated with the individual characteristics of the person who was harmed (part 2 of article 151 of the Civil Code of the Russian Federation), their nature and the actual circumstances of their infliction (part 2 of article 1101 of the Civil Code of the Russian Federation ). When determining the amount of compensation for non-pecuniary damage, the requirements of reasonableness and fairness must be taken into account.

Often, when causing moral harm, property damage is also caused, which is compensated regardless of compensation for moral damage (clause 3, article 1099 of the Civil Code of the Russian Federation).

Completion of a labor dispute by amicable agreement of the parties

Disputes considered in civil proceedings, including labor disputes, can be completed by an amicable agreement (Article 39 of the Civil Code of the Russian Federation).

settlement agreement- this is an agreement of the parties to terminate the litigation on the basis of mutual concessions.

A settlement agreement can be concluded not only during the trial, but also at other stages of the process - when considering the case by the cassation instance, at the stage of execution of the judgment. The possibility of resolving the dispute by amicable agreement is clarified by the judge in the process of preparing the case for trial. Control over the legality of the settlement agreement belongs to the court: it does not approve it if it is contrary to the law or violates someone's rights and legally protected interests. The terms of the settlement agreement, stated by the party in the court session orally, are recorded in the minutes and signed by both parties, and those presented in writing are attached to the case. When approving a settlement agreement, the court issues a ruling on termination of proceedings, which specifies its terms.

It is important to know!

The approval of the settlement agreement by the court entails important legal consequences:

a) the impossibility of a second consideration by the court of the same claim;

b) enforcement of a settlement agreement at the request of one of the parties.

A labor dispute considered by a court may also be terminated in connection with plaintiff's waiver of claims(Article 39 of the Civil Code of the Russian Federation).

The courts pay special attention to the verification of conditions settlement agreement labor matters, and waiver of claims so that they comply with the norms of labor legislation and do not violate anyone's rights and legally protected interests.

It is unacceptable to approve a settlement agreement in the event that its terms in any way violate the labor rights of an employee or, in circumvention of the law, are aimed at relieving the employer from liability for harm to the organization.

When deciding whether to accept waiver of claim on reinstatement or approval of a settlement agreement of the parties on such a claim, the court finds out whether these actions are contrary to the law and the interests of the parties.

The conditions under which the parties have reached an amicable agreement are reflected in the minutes of the court session and signed by the parties. These conditions must be clear, definite and not open to different interpretations, so as not to give rise to disputes in execution.

Conclusion

Analyzing the practice of consideration of labor disputes in courts, there is a double feeling. On the one hand, every employee has the right to apply to an independent judicial body for legal protection, and this protection is actually carried out. Judicial statistics confirm this: in the overwhelming majority of cases, workers' claims are satisfied. But, on the other hand, we perfectly understand and know that only a few apply to the courts and only in extreme cases, although labor violations are widespread. Why do most workers whose rights are ignored and violated choose to remain silent and do not seek legal protection?

Among the many reasons, the most obvious are economic, social, psychological, cultural and legal. From a legal point of view, it is entirely possible to improve the effectiveness of worker protection, and movement in this direction is already under way. First of all, this is the improvement of the legal norms themselves, filling in the gaps in the legislation. As you know, labor legislation is constantly being updated, significant amendments to the Labor Code of the Russian Federation are being prepared, etc. A lot of preparatory work is being done to develop the concept of independent legal proceedings in labor cases, in particular, a draft Federal Law “On the phased creation of specialized labor courts” has been prepared and the concept of the Labor Procedure Code is being developed. Taking into account the special specifics of labor cases, as well as all those financial, personnel and other problems that courts of general jurisdiction constantly experience, it seems necessary to separate labor proceedings from the general mass of civil cases. If such specialized labor courts are really created and staffed by qualified judges - specialists in the field of labor law, there is every reason to expect a significant increase in the quality of consideration of labor disputes, and consequently - an increase in the confidence of citizens. And then, perhaps, the number of unresolved conflicts that the employee can resolve in a civilized way in a specialized court for labor disputes will decrease.

In this publication, we are not able to analyze in detail the judicial practice of considering each of these grounds separately. Let us dwell only on some of the general and most important, in our opinion, requirements imposed by the courts when considering labor disputes.

individual labor dispute

Execution of decisions of the commission on labor disputes. The decision of the commission on labor disputes in accordance with Art. 389 of the Labor Code of the Russian Federation is subject to execution within three days after the expiration of ten days provided for appeal.

In case of non-execution of the decision of the commission within the prescribed period, the employee is issued by the commission on labor disputes a certificate, which is an executive document. The certificate shall not be issued if the employee or the employer has filed an application for the transfer of the labor dispute to the court within the prescribed period. Based on the certificate issued by the labor dispute commission and presented no later than three months from the date of its receipt, the bailiff enforces the decision of the labor dispute commission.

If an employee misses the established three-month period for valid reasons, the labor dispute commission that issued the certificate may restore this period.

Making decisions on labor disputes on dismissal and transfer to another job. If the dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute. The body considering an individual labor dispute makes a decision to pay the employee the average earnings for the entire period of forced absenteeism or the difference in earnings for the entire period of performing lower-paid work.

At the request of the employee, the body considering an individual labor dispute may limit itself to making a decision on the recovery of the above compensation in his favor, and also decide to change the wording of the grounds for dismissal to dismissal of his own free will.

If the wording of the reason for dismissal is recognized as incorrect or not in accordance with the law, the court considering an individual labor dispute is obliged to change it and indicate in the decision the reason and grounds for dismissal in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law. If the incorrect wording of the reason for dismissal in the work book prevented the employee from entering another job, then the court decides to pay the employee the average earnings for the entire time of forced absenteeism.

In cases of dismissal without legal grounds or in violation of the established procedure for dismissal or illegal transfer to another job, the court may, at the request of the employee, decide to compensate the employee for monetary compensation for moral damage caused to him by these actions. The amount of this compensation is determined by the court.

If the body considering an individual labor dispute recognizes the employee's monetary claims as justified, then in accordance with Art. 395 of the Labor Code of the Russian Federation, they are satisfied in full.

Enforcement of reinstatement decisions. The decision on the reinstatement of an illegally dismissed employee at work, on the reinstatement of an employee illegally transferred to another job at the previous job, is subject to immediate execution. If the employer delays the execution of such a decision, the decision-making body issues a ruling on payment to the employee for the entire time of the delay in the execution of the decision of the average earnings or the difference in earnings.

Limitation of the reverse recovery of amounts paid by decision of the bodies considering individual labor disputes. In accordance with Art. 397 of the Labor Code of the Russian Federation, the reverse recovery from the employee of the amounts paid to him in accordance with the decision of the body for the consideration of an individual labor dispute, when the decision is canceled by way of supervision, is allowed only in cases where the canceled decision was based on false information reported by the employee or forged documents submitted by him. Panina A.B. Labor law. Textbook.-M: Publishing House "FORUM" - INFRA - M, 2008. S. 257

Collective labor disputes: causes, solution, prevention. Enforcement of court decisions on individual labor disputes Non-enforcement of decisions on labor disputes by the employer

More on the topic § 4. Execution of decisions on individual labor disputes:

87. Execution of decisions on individual labor disputes

88. Concept, subject, subjects (parties) of a collective labor dispute. The moment of the emergence of a collective labor dispute

ENFORCEMENT OF DECISIONS ON LABOR DISPUTES.

88. Concept, subject, subjects (parties) of a collective labor dispute. The moment of the emergence of a collective labor dispute

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