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DISPUTES











LABOUR DISPUTES

Types of labour disputes by the disputing parties:

individual labour disputes — when they affect the interests of individual employees;

collective labor disputes — involving the entire workforce (for example, failure by the employer collective agreement) or part (separate structural subdivisions).

The types of labour relations from which they arise (arise from the subject of labor law):

1. labour disputes arising from the offense of the employment relationship (for example, but non-payment of wages, illegal dismissal, delay issuing employment record, etc. );

2. labour disputes arising from the offense of relations directly related to labour, i. e. :

arising from the breach of the relationship but the organization and management of labor. For example, the employer requires the implementation of labour standards, not backed by the technological process, or requires that all production job employee performs at a pace exceeding the normal speed of tasks execution, or does not release the employee from work until he does not fulfill production assignment, etc. , and employees in court have recognized these demands are illegal;

arising from violations of employment relations for the employer. For example, the court may be appealed the illegal denial of employment;

arising from the breach of the social partnership relations. For example, the employer does not execute a collective agreement and the employee in court requires execution of its provisions. Typically, these violations lead to a collective labour dispute, but their interests can protect and each employee individually;

arising from a breach of relations on the part of employees (or their representative bodies) in the management of the organization. For example, the employer adopts local regulations without the consent of the primary trade Union organization;

arising from the breach of relations in professional training, retraining and advanced training for the employer. For example, the employer requires the employee to pay his fees or establishes a probation period, upon successful learning;

arising from a breach of relations on material responsibility of the labor contract. For example, an employer in violation of labor law charges the employee the full damage in excess of his average salary, by its decree;

arising from the breach of a relationship of supervision and control. So, the employer and the employee can appeal against the illegal application of measures of administrative responsibility for violation of norms of labour protection, the parties can appeal against the act on the investigation of the accident, if they do not agree with its content and findings;

arising from a breach of relations on the resolution of labor disputes. For example, a party who does not agree with the decision of the Commission on labour disputes, appeal against it to the court and the employer in court to recognize the strike illegal;

arising from a breach of relations on obligatory social insurance. For example, an employer refuses to pay employee a two-day sick leave, although the law first three days paid by the employer, and the worker is forced to turn to the CCC.