Labor contract and its violation. Labor disputes

Labor made a monkey man.
At least, this is exactly what the famous German Friedrich Engels stated.
Some work in order to ensure a decent standard of living, others live to work. Thus, the attitude towards work is different for all of us.
One thing is indisputable - without labor, none of us can live one way or another.
When you get into this sphere of human activity, you will have to conclude an employment contract .
Under this contract, you accept the obligation to perform the agreed work, to comply with the mode of work and working day, labor discipline, rules of labor protection and safety. Your opponent assumes obligations to provide you with the means of labor (a hammer, if anything can be seized from home, but a workbench or an office desk is hardly possible).
Violation of one of the parties to your part of the employment contract inevitably entails the emergence of a labor dispute.
If you violate a contract, for example, violate labor discipline, and perhaps also your tendency to drink alcohol during working hours, then your opponent applies disciplinary measures to you. For the first time, you can get off with a reprimand, and for the second or third time, the likelihood of a more strict disciplinary action - dismissal - is increased.
Of course, if these measures are applied to you unreasonably, you can appeal against the actions of your supervisor, but this will be discussed below.
A broader scope is just a violation of your part of the contract by your opponent, for example:

  • • remuneration for labor is not given on time or in full;
  • • remuneration for work below the minimum wage;
  • • transfer to another job site contrary to legal procedure;
  • • dismissal contrary to legal procedure;
  • • late payment for dismissal and violation of the term for issuing a workbook;
  • • violations in the provision of paid leave, including its annual duration;
  • • irregularities in the granting of leave at his own expense, including forcing the worker to leave on such leave;
  • • illegal reprimand or dismissal;
  • • abuses in the issuance and use of workwear, other means of worker protection;
  • • abuses in the provision of clinical nutrition, milk;

How to be a worker in case of violation of an employment contract by an opponent? What are the levers of influence on him? How to get compensation for the delay in payment of remuneration for work and who to contact? Where to apply if you do not pay remuneration for work? Do not make the final payment when parting with the company?
In other words, who should you contact when a worker’s rights are violated to resolve a labor dispute?

There are two procedures for resolving labor disputes.
General Procedure , when a labor dispute is successively considered by the labor dispute commission (CTS), and the second stage in the district court. Consideration of any disputes may be limited to the first stage, if all participants are satisfied with the verdict of the CCC. But one of them appeals the decision of the CCC, the consideration of the labor dispute is transferred to the court.
Judicial procedure. Both the worker and his opponent are entitled to initially submit the labor dispute directly to the court, bypassing the KTS. In cases specified by law (below).

It should be remembered that the Constitution of Ukraine establishes the right of every worker to seek protection in court. Based on this, the worker can choose the authority where he will apply for the protection of his rights: in the CCC or in the court.

Consideration of which disputes the worker must initiate in compliance with the General Procedure? Virtually everyone.
Before applying to the CTS, the worker must take measures to resolve differences, namely, to speak directly with his opponent. If the worker did not do this, the CTS is entitled to dismiss his statement. But in this case, the worker may file a statement directly to the court, since compliance with such procedures is not required there.
A worker may come to the CTS within three months from the time he learned about the infringement of his rights. However, this period does not apply to disputes about the issuance of remuneration for labor.
The law does not contain instructions regarding the content of the application to the CTS, but for general reasons, it should indicate:

  • • name KTS;
  • • data on the worker (name, position, home address, contact details);
  • • the content of its requirements with reference to the circumstances on which these requirements are based;
  • • application of evidence supporting the circumstances to which the worker refers;
  • • A list of attachments to the application.

A labor dispute is considered by the CTS within ten days from the day the application was submitted by the worker. His presence is mandatory.
At the finish of the meeting of the CCC, there is a vote on the fact that the verdict is decided upon the request of the worker.

Directly in the courts (without prior appeal to the CCC), labor disputes on the claims are considered:

  • • workers of companies where CTS are not elected;
  • • workers about returning to the company, regardless of the reasons for termination of the employment relationship, changing the date and motivation of the reasons for dismissal, payment for the time of forced absenteeism
  • • Opponent on the compensation of the worker’s damage to the company;
  • • workers in the application of labor legislation, which, in accordance with current legislation, was previously decided by the opponent;
  • • Workers on the formalization of labor relations in the event that they perform work without concluding an employment contract and establishing a period for such work.

A separate group of disputes that are dealt with in the same order are disputes about the refusal of employment:

  • • workers invited to work in the order of transfer from another company;
  • • yesterday's students who have graduated from the university and are assigned to work in a particular company;
  • • pregnant women, women with children under the age of three or a child with a disability, and single mothers (parents) - if there is a child under the age of fourteen;
  • • elected workers after the end of their authority.

You will ask if all this is a leverage on the management of the company in which you work? Perhaps there is one more.
This is your right to appeal to law enforcement agencies.
However, for this, a violation of an employment contract by your opponent must, for example, contain evidence of a crime. < br /> Thus, according to Article 175 of the Criminal Code of Ukraine, the groundless non-payment of wages to a worker for more than one month, if this is done intentionally, including as a result of misuse of funds, is the basis for bringing the head of the company to criminal responsibility.

Do you have problems with your employer?
Does he violate your labor rights?

Contact our law firm! We, our specialists, will accompany you at all stages of the consideration of a labor dispute and will ensure the achievement of the desired result!

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