Legal encyclopedia. Letter T

LABOR DISPUTES.

TS is the disagreement of subjects of labor law submitted for the permission of the jurisdictional body on the application of labor legislation or on the establishment in a partnership of new working conditions.

The causes of TS are violations of labor rights of employees and employers, as well as various factors of an objective and subjective nature. Factors

Subjective nature is a low legal culture, ignorance or misinterpretation of labor legislation, as well as deliberate disregard for the legitimate rights and interests of employees and employers. The objective factor is the lack of funds for payment, labor protection, a gap in the payment of low-paid and highly paid workers,

Imperfection of labor legislation.

The conditions for the emergence of TS have an objective character in relation to the disputant side, reflecting the shortcomings in the work of an individual production or the shortcomings and gaps in labor legislation. Terms TS can be of an industrial and legal nature. They become specific causes in a specific TS. It is impossible to completely eliminate the TS causes. But first of all it is necessary to raise the level of legal literacy of employers, managers.

Among the forms of resolution of contradictions are the following: speeches at meetings of the collective; Demonstrations; Contacting the press; Appeal to the top management of the organization; Presentation of claims through the trade union committee; Circulation in the CCC; Organization of pickets; Strikes.

The Constitution of the Russian Federation recognizes the right to individual and collective TS. The consolidation of this right is the most important guarantee of observing the labor rights of working citizens. Also, the Constitution of the Russian Federation guarantees every citizen the judicial protection of his rights and freedoms, fixes that decisions and actions (inaction) of bodies and officials can be appealed in court. These provisions of the Constitution are the basis for the resolution of all TS

Classification TS performed by the following criteria.

1. By the nature of the dispute, TS are subdivided

on:

1) disputes of employees with the employer or their representatives regarding the establishment or change of working conditions, the conclusion or modification of collective agreements, agreements on labor issues and the life of workers;

2) disputes on the application of the norms of labor legislation, in which the violated right of an employee or a collective of workers is protected and restored.

2. On legal relations, from which TS arise, they are divided into:

1) disputes arising from employment relations;

2) disputes arising out of legal relations with respect to employment;

3) disputes arising from legal relations for supervision and control over observance of labor legislation and labor protection rules;

4) disputes arising from legal relations in the field of personnel training and professional development of employees;

5) disputes arising from legal relations for the compensation of material damage to the employee by the employer;

6) disputes arising out of legal relations for compensation by the employer of damage to the employee in connection with damage to his health at work or violation of his right to work;

7) disputes arising from the legal relationship of the trade union committee with the employer in matters of work and life;

8) disputes arising from the legal relations of the collective of workers with the employer;

9) disputes arising from social and partnership legal relations.

The correct classification of TS in disputing subjects, in the nature of the dispute and in disputable legal relationships is of great importance, since it is necessary to determine the jurisdiction, i.e. Body, which is competent to examine and resolve this TS.