Peculiarities of execution of decisions on labor disputes. Execution of decisions on individual labor disputes. Execution of a labor court decision

Answer.

Article 247. Immediate execution of certain decisions and resolutions in labor matters

The decision or resolution adopted by the body for the consideration of labor disputes specified in Article 243 of this Code is subject to immediate execution.

If the employer delays the execution of such a decision or resolution, then during the delay from the day the decision or resolution is made to the day of its execution, the employee is paid the average earnings or the difference in earnings.

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

Article 248. Time limit for execution of the decision of the labor dispute commission

The decision of the labor dispute commission is subject to execution by the employer no later than three days after the expiration of 10 days provided for its appeal, with the exception of Article 247 of this Code.

Article 249. Enforcement of the decision of the labor dispute commission

If the employer fails to comply with the decision of the labor dispute commission within the prescribed period (Article 248), it issues the employee a certificate that has the force of a writ of execution.

The certificate is not issued if the employee or employer filed an application to resolve a labor dispute in court within the prescribed period (Article 242).

The certificate indicates the name of the commission that made the decision on the labor dispute; dates of the decision and 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 labor dispute commission.

Based on the certificate issued and presented to the court no later than three months, 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.

Economic procedural legislation

Question 217

Basic principles of legal proceedings in the economic court. The right to appeal to the economic court.

Answer.

Article 1. Basic terms and their definitions used in this Code

Unless otherwise follows from the text or content of this Code, the terms used herein have the following meaning:

close relatives - parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren;

citizen - an individual who is not an individual entrepreneur, including a foreign citizen and a stateless person;

individual entrepreneur - an individual carrying out entrepreneurial activities without forming a legal entity and registered in the prescribed manner;

foreign person - foreign organizations, international organizations, foreign citizens, stateless persons carrying out entrepreneurial and other business (economic) activities;

a ruling that prevents further progress of the case - a ruling by the economic court to terminate proceedings in the case, including when approving a settlement agreement; about leaving the statement of claim (application, complaint) without consideration; on refusal to accept a statement of claim (statement, complaint) and other determinations that are made in cases provided for by this Code and other legislative acts;

jurisdiction - delimitation of competence to resolve disputes and consider cases between the Constitutional Court of the Republic of Belarus, general courts, economic courts, international arbitration (arbitration) courts, bodies for resolving labor disputes and considering cases, other bodies and organizations;

jurisdiction - the attribution of a case within the jurisdiction of the economic court to the jurisdiction of the economic court of first instance;

decision of an economic court - a court decision, other judicial act issued by economic courts, judges of an economic court, bailiffs;

conciliator - a person appointed by the economic court in accordance with this Code to conduct negotiations between the parties in the conciliation procedure in the economic court;

conciliation procedure - negotiations by the parties with the participation of a conciliator on the possibility and conditions of reconciliation in a business (economic) dispute arising from civil legal relations, with the aim of developing a mutually acceptable reconciliation agreement for the parties and its subsequent execution;

prosecutor - the Prosecutor General of the Republic of Belarus and all prosecutors subordinate to him, their deputies, senior assistants and assistants, senior prosecutors and prosecutors of main directorates, directorates and departments, acting within their competence;

composition of the economic court - the judge (judges) of the economic court, resolving a dispute, considering a specific case;

judicial decision - a decision, decree, determination of the economic court, which are made as part of legal proceedings in the economic court;

judge of the economic court - a person appointed to the position of judge of the economic court in accordance with the law and endowed, in accordance with the Constitution of the Republic of Belarus, with the powers to administer justice in the field of entrepreneurial and other economic (economic) activities;

business (economic) dispute - a dispute arising during the implementation of entrepreneurial and other business (economic) activities;

economic court - the Supreme Economic Court of the Republic of Belarus, economic courts of the regions and the city of Minsk, specialized economic courts established in accordance with the Constitution of the Republic of Belarus, legislative acts on the judicial system and the status of judges and legislative acts on economic courts.

Article 2. Administration of justice in the field of entrepreneurial and other economic (economic) activities

Justice in the field of entrepreneurial and other economic (economic) activities is carried out by economic courts according to the rules established by the legislation on legal proceedings in economic courts, by resolving economic (economic) disputes arising from civil, administrative, land, financial and other public legal relations, and consideration of other cases referred to their competence by this Code and other legislative acts.

Article 3. Purposes of legal proceedings in economic courts

The goals of legal proceedings in economic courts are:

ensuring the legal resolution of disputes arising during the implementation of entrepreneurial and other business (economic) activities as quickly as possible within the limits established by legislative acts;

fair trial by a competent, independent and impartial tribunal.

Article 4. Objectives of legal proceedings in economic courts

The objectives of legal proceedings in economic courts are:

correct and timely consideration of cases by economic courts;

protection of violated or disputed rights and legitimate interests of legal entities, individual entrepreneurs, as well as the rights and legitimate interests of the Republic of Belarus, administrative-territorial units of the Republic of Belarus, state bodies, local government and self-government bodies, other bodies and officials in this area, and in in cases provided for by legislative acts - organizations that are not legal entities and citizens;

assistance in strengthening the rule of law and preventing offenses in the field of business and other business (economic) activities;

execution of court decisions and acts of other bodies established by this Code and other legislative acts on legal proceedings in economic courts;

promoting the establishment and improvement of partnership business relations, achieving reconciliation between the parties, the formation of customs and business ethics;

Article 5. Legislation on legal proceedings in economic courts

Legal proceedings in economic courts are regulated by the Constitution of the Republic of Belarus, this Code, the laws of the Republic of Belarus, decrees and decrees of the President of the Republic of Belarus, as well as international treaties of the Republic of Belarus.

Legal proceedings in economic courts are conducted according to the legislation in force during the resolution of a dispute, consideration of a case, performance of certain procedural actions or execution of executive documents.

Article 6. Right to appeal to the economic court

In order to protect their violated or disputed rights and legitimate interests in the manner established by this Code, the following have the right to apply to the economic court:

legal entities;

individual entrepreneurs;

organizations that are not legal entities (including collectives of workers) - in cases provided for by legislative acts;

citizens - in cases provided for by legislative acts.

The right to appeal to the economic court in order to protect state and public interests, as well as the interests of persons specified in part one of this article, in cases provided for by legislative acts, has the prosecutor, state bodies, local government and self-government bodies, and other bodies.

If legislative acts for a certain category of disputes or an agreement establish a pre-trial procedure for resolving a dispute, the dispute may be referred to the economic court only if such a procedure is observed, with the exception of cases provided for in part four of this article.

The persons specified in part two of this article have the right to appeal to the economic court without observing the pre-trial procedure for resolving the dispute.

Article 7. Forms of appeal to the economic court

Appeal to the economic court is carried out in the form:

statement of claim - on business (economic) disputes and other issues arising from civil legal relations;

statements - on disputes arising from administrative and other public legal relations, as well as on cases of economic insolvency (bankruptcy); on establishing facts of legal significance (legal facts); on the initiation of writ proceedings; on invalidation of the resolution; to reconsider the case based on newly discovered circumstances; on the initiation of enforcement proceedings; on the issuance of a court order for the forced execution of a decision of an arbitration court, an international arbitration (arbitration) court located on the territory of the Republic of Belarus; on the recognition and enforcement of decisions of courts of foreign states adopted by them in disputes and other cases related to the implementation of entrepreneurial and other business (economic) activities (hereinafter referred to as the decision of a foreign court), and decisions of foreign international arbitration (arbitration) courts adopted by them on the territories of foreign states in disputes and other cases related to the implementation of entrepreneurial and other business (economic) activities (hereinafter referred to as the foreign arbitration award);

complaints (appeal, cassation, by way of supervision, etc.) - in cases provided for by this Code and other legislative acts;

protest - in cases provided for by this Code and other legislative acts;

petitions (for joining the case as third parties; for securing a claim; for performing other procedural actions, etc.) - in cases provided for by this Code;

submissions to reconsider the case based on newly discovered circumstances;

in other forms provided for by legislative acts.

An appeal in the forms specified in part one of this article may additionally be transferred to the economic court in electronic form in the manner prescribed by law.

Article 8. Methods of judicial protection

The economic court, within its competence and jurisdiction, protects the rights and legitimate interests of participants in civil, administrative and other legal relations in the ways provided for by the Constitution of the Republic of Belarus, this Code, the Civil Code of the Republic of Belarus and other legislative acts.

Article 9. Court decisions

The economic court makes judicial decisions in the form of a decision, decree, or ruling of the economic court.

A court decision adopted by the economic court of first instance when considering a case on the merits is called a decision of the economic court.

Judicial decisions adopted by economic courts of appeal, cassation and supervisory instances based on the results of consideration of appeals, cassation complaints (protests) and protests in the order of supervision are called decisions of the economic court.

Other court decisions adopted in the course of legal proceedings are called rulings of the economic court.

Court decisions must be lawful and justified.

Execution of decisions on labor disputes is carried out in a manner determined by many factors, including the type of dispute (individual or collective). Next, we will consider the regulations for the execution of decisions in these cases, including the issue of enforcement of decisions.

Court decisions on labor disputes: individual labor disputes

Parties to an employment contract or trade unions, other authorized bodies apply to the court for resolution of an individual labor dispute in the following cases (Article 391 of the Labor Code of the Russian Federation):

• any of the participants in labor relations does not agree with the decision of the labor dispute commission (hereinafter referred to as the LCC);
• the employee wishes to resolve the dispute in court, bypassing the CCC;
• the decision taken by the CCC on the labor dispute does not comply with the requirements of the law (in this case, the application is sent by the prosecutor).

The nuances of resolving labor disputes in court are described in detail in our other article: What are the features of conducting cases of labor disputes?

The deadlines for the execution of decisions on labor disputes are determined as follows:

• From the moment the relevant judicial act gains legal force. For example, satisfying the monetary demands of a worker (Article 395 of the Labor Code of the Russian Federation).
• Immediately. For example, reinstatement of an employee who was fired in violation of the law or illegally transferred to another job (Article 396 of the Labor Code of the Russian Federation), payment of arrears to the employee for 3 months (Article 211 of the Civil Procedure Code of the Russian Federation). See the decision of the Leninsky District Court of Kursk dated April 12, 2017 in case No. 2-1714/29-2017, in which the court fully satisfied the plaintiff’s monetary demands in terms of collecting arrears of wages, but decided to immediately pay the amount due for 3 months .

IMPORTANT! In addition to transferring/issuing delayed wages or other payments due to the employee, the employer is also obliged to pay the employee whose rights were violated in this manner, monetary compensation according to the rules of Art. 236 of the Labor Code of the Russian Federation simultaneously with the main amount (see the decision of the Mirny City Court of the Arkhangelsk Region dated April 11, 2017 in case No. 2-205/17).

The procedure for the execution of court decisions in labor disputes: collective disputes

The resolution of such disputes is carried out out of court and involves dialogue between the parties in the process of their participation in conciliation procedures.

If disagreements between the parties to the employment contract were resolved at one of the stages of the conciliation procedures provided for in Art. 400-404 of the Labor Code of the Russian Federation, then, of course, the problem is not transferred for further consideration at the next stage. However, if the parties failed to reach a common denominator during the above procedures, workers can organize a strike.

If such a strike cannot be carried out (for example, strikes are prohibited at enterprises whose activities are directly aimed at ensuring the livelihoods of the population, if such an event could harm the defense of the country, the life and health of citizens, Article 413 of the Labor Code of the Russian Federation), participation in the resolution of a collective labor dispute, the authorized state body is involved - the Federal Service for Labor and Employment (Article 407 of the Labor Code of the Russian Federation, regulation..., approved by Decree of the Government of the Russian Federation of June 30, 2004 No. 324).

Issues of enforcement of decisions on labor disputes

As for the forced execution of decisions on labor disputes, it is carried out according to the general rules of enforcement proceedings (Article 7 of the Law “On Enforcement Proceedings” dated October 2, 2007 No. 229-FZ, hereinafter referred to as Law No. 229-FZ). Compulsory enforcement measures are resorted to in situations where the debtor, of his own free will and within the established time frame, does not fulfill his obligation.

The general scheme of actions of participants in a labor dispute and executive bodies is as follows:

• Receipt of a writ of execution by a claimant in court (more details about this can be found in the article Application for the issuance of a writ of execution - sample).
• Submission of a writ of execution by the recoverer to the bailiff and initiation / refusal to initiate enforcement proceedings (Article 30 of Law No. 229-FZ).
• Carrying out enforcement actions by a bailiff. At the same time, the requirements contained in the executive documentation to reinstate an employee dismissed or transferred in violation of the law must be fulfilled no later than the first working day after the day the FSSP unit received the writ of execution (Clause 4, Article 36 of Law No. 229). The same deadlines are provided for other requirements that are subject to immediate execution (clause 5 of the said article).
• The end of enforcement proceedings in connection with the debtor’s fulfillment of his obligation in full (Article 47 of Law No. 229-FZ) or the return of the writ of execution by the bailiff to the recoverer (Article 46 of Law No. 229-FZ).

Let's summarize: the execution of decisions on labor disputes can mean both voluntary and forced satisfaction of the party's demands. The time limits for execution of decisions on labor disputes begin to be calculated from the moment the court decision gains legal force, except in situations where claims are subject to immediate satisfaction.

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

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

In case of failure to comply with the commission’s decision within the prescribed period, the labor dispute commission issues the employee a certificate, which is an executive document.

The certificate is not issued if the employee or employer applied within the prescribed period to transfer the labor dispute to the court. 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 regarding dismissal and transfer to another job. If 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 salary for the entire period of forced absence 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 to collect the above compensation in his favor, and also decide to change the wording of the grounds for dismissal to dismissal at his own request.

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 basis for dismissal in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law. If the incorrect formulation of the reason for dismissal in the work book prevented the employee from taking another job, then the court decides to pay the employee the average salary for the entire period of forced absence.

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, make 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 demands as justified, then, according to Article 395 of the Labor Code of the Russian Federation, they are satisfied in full.

Execution of decisions on reinstatement at work. The decision to reinstate an illegally dismissed employee or to reinstate an employee who was illegally transferred to another job to his previous job is subject to immediate execution278. If the employer delays the execution of such a decision, the body that made the decision makes a determination to pay the employee the average salary or difference in earnings for the entire time of delay in execution of the decision.

Limitation of reverse recovery of amounts paid by decision of bodies considering individual labor disputes. In accordance with Article 397 of the Labor Code of the Russian Federation, repayment from an employee of amounts paid to him in accordance with the decision of the body for 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 provided by the employee or false documents submitted by him.

CHECKS 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. Name the methods for resolving individual labor disputes.

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

6. What are the competences of the labor dispute commission?

7. What are the deadlines for filing a complaint with the labor dispute commission?

8. What is the procedure for considering an individual labor dispute in a labor dispute commission.

9. In what order is the decision of the labor dispute commission made and what is its content.

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

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

12. What are the deadlines for going to court to resolve an individual labor dispute?

13. What is the procedure for executing decisions of the labor dispute commission?

14. What decision can a court make in an individual labor dispute?

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

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

1. § 2. Procedure for considering individual labor disputes

The parties to the process (employer and employee) may fall into various conflicts with each other regarding violations of labor laws. Such conflict situations are called and are subject to consideration by the court and the relevant commissions (CC). The result of considering these conflicts is execution of decisions on labor disputes that are binding on officials, organizations and citizens.

Types of labor disputes

All existing labor disputes can be divided into three branches:

By the nature of the dispute, labor conflict situations there are two types:

• Disagreements arising in the application of labor legislation. These norms restore or protect the rights of the employee or workforce that were violated by the employer;
• Disputes that arise during the adoption of new working conditions that are not provided for by law.

Conflict situations regarding the disputing subject There are collective and individual:

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• Labor disagreements in which the interests of one employee are defended are called individual;
• And collective ones cover the rights and powers of the entire working group.

According to legal relations There are several types of labor disputes:

• disagreements arising from;
• from legal relations according to;
• control and supervision of compliance with rules and;
• on professional development and training;
• on behalf of the employee, as well as on behalf of the employer;
• from legal relations between the team and the employer, etc.

Such a clear division of labor disputes into three branches is necessary for each of them to be considered by a specific subordinate structure that specializes in this type of dispute. This is necessary to determine a more correct verdict when execution of decisions on labor disputes fully satisfied the demands of the affected party to the conflict.

What issues are considered by the commission considering labor conflicts?

First of all, resolutions of labor conflicts are considered by the labor dispute commission, except for cases established by law. The CCC considers almost all types of disagreements.

The most common labor disputes:

• about labor standards and their prices;
• about transfers to another job or position;
• about, as well as in case of violation of labor standards, marriage and downtime, in case of substitution and combination of positions, etc.;
• on the right of employees to receive well-deserved bonuses and remunerations that are provided by the employer within the framework of the remuneration system;
• o, which were withheld by the employer from the salary;
• on payment of compensation;
• about timely;
• on the mandatory issuance of protective clothing and necessary protective equipment.

Execution of decisions on private work conflicts

Execution of decisions on labor disputes is the final stage of conflict resolution. If the plaintiff is reinstated, receives the amount due, etc., then the decision is considered executed. In case of failure to comply with the prescribed conditions, the law provides for coercive measures. The decision of the commission resolving labor disputes does not require additional approval.

Article 396 provides for the immediate execution of a decision made by the commission on payment for forced absence and reinstatement of an employee who was fired illegally. And the remaining decisions must be executed within a three-day period after the ten days for appealing them have expired.