Relations between the employee and the employer, which are formed when performing work for compensation, are called labour relations. In the process of labour relations, labour disputes sometimes arise: disagreement with working conditions, labour standards, salaries, compensations, and so on. Such conflicts are called labour disputes.
Labour disputes are disputes that have arisen between the employee and the employer regarding the application of legislation on labour or working conditions. These are disputes not regulated by previous negotiations and which are considered in accordance with the procedure established by law.
The causes of labour disputes in the team:
- labour offences;
- misconceptions about the existence of an offence.
The reasons for labour disputes are the events that sparked the dispute. Disagreement of an employee with dismissal (treated as an offence) is the cause for the appearance of a labour dispute, and the issuance of the dismissal order is the reason for the labour dispute.
Labour disputes, as it happens
The most common reasons of labour disputes:
- non-payment of salaries;
- wording of the reason for dismissal;
- transfer to another job;
- refusal of employment;
- refund of money;
- granting vacation;
- imposition of disciplinary penalty;
- issuance and use of overalls, special footwear, other personal protective equipment;
- issuance of preventive nutrition, milk or other equivalent products;
- establishment and introduction of labour standards;
- deducrion of salary for damage caused;
- motal damage to an employee.
As of May 1, 2019, 2222 labor cases were pending before the Civil Court of Cassation of the Supreme Court. The head of the legal department (IV) of the Department of Analytical and Legal Work of the Supreme Court, Doctor of Laws Mikhail Shumilo believes that the trend towards an increase in the number of labor disputes has been going on for several years and will continue to grow. Therefore, in his opinion, this category of cases is somewhat underestimated by the legal market and does not receive due attention from both legal practice and the legislator.
Statistics show that labour disputes with the stamp “salary” constantly make up the largest share.
If the employee is not satisfied with working conditions, salary delay or the amount – he addresses the qustions to the manager. If the manager does not meet the requirements or claims, and the employee insists on implementation, a labour dispute arises. The dispute is resolved in the manner prescribed in the law.
Labour disputes solution methods
How to deal with labour disputes
- By Commission on Labor Disputes – in the general procedure;
If the conclusion of the Commission is not satisfactory – then follows appeal to the court.
- by a court – in a judicial procedure;
Without consideration of the Commission. The employee can apply to the court, bypassing the Commission.
- by other bodies – in a special order;
Concerning certain categories: judges, prosecutorial investigators, employees of educational, scientific and other institutions of the prosecutor’s office, having class ranks.
It is better not to bring the matter to court and resolve all disputes and disagreements in a calm atmosphere. Try to hammer out an agreement and close all claims, spent nerves are spent health.
Details of non-payment of salaries to employees
Payment and non-payment of salary are controlled by such bodies:
- Ministry of Labour and Social Security;
- State Tax Inspectorate;
- labour union;
- prosecutor’s office.
Responsibility for non-payment of the salary (in full, in part and / or untimely payment) rests with the employer and is:
For delay in the established terms of salary payment, payment not in full.
For unreasonable non-payment of salary to citizens for more than one month, committed intentionally.
To receive unpaid salary, an employee needs to apply:
- to the employer – in writing;
- Ministry of Labour and Social Security – by calling a hot line;
- to the prosecutor’s office;
- to the curt.
If the court finds that the non-payment of salary takes place and issued an order for recovery, then the state executor is responsible for the recovery. If the unpaid salaries remain, then a complaint is made against the executor (to the same court).
To prevent labour disputes, the regulation of labour relations in the system must be effective. Labour relations between employees and employers are regulated by labour legislation, mainly by the obsolete Labour Code. For replacement, the Labour Code of Ukraine is being developed, which will reflect the realities of labour relations, for example, the availability of remote work.