Limitation periods for applying to the court in other labor disputes
According to the norms of article 160 of the Labor Code, the time limits for other labor disputes are set at one year from the day when the employee or employer learned or should have learned about the violation of his right.
Courts should also take into account the general provisions of the law that the statute of limitations can only be applied upon the application of a party to a dispute, as explained in the Regulatory Decision of the Supreme Court. In the absence of such a statement before the decision is made, the dispute is resolved on its merits, and its omission by the court is not discussed.
If the court finds that the plaintiff's labor rights have been violated, but they have missed the deadline provided for by the Labor Code without valid reasons, the court in the reasoning part of the decision indicates a violation of these rights, and in connection with the missed deadline, denies the claim.
At the same time, it should be noted that in law enforcement practice it is important to determine the valid reasons for missing the limitation period. The Labor Code has not defined the concept and list of valid reasons for missing the deadline for applying to the court regarding labor disputes.
Therefore, the courts, in relation to the Civil Code, must take into account the circumstances related to the plaintiff's personality (serious illness, helplessness, illiteracy, etc.), the time period during which these circumstances occurred, provided for in Article 185 of the Civil Code, and other valid reasons, the validity of which is confirmed by reliable evidence.
There are cases when, before applying to the court, plaintiffs in labor disputes apply to the prosecutor's office or authorized labor protection authorities, after which they file a lawsuit with the court.
It should be noted that the courts of the republic did not always recognize such reasons for missing the deadline as valid. Meanwhile, if these bodies directly took legal measures to resolve the labor conflict within their competence, but they did not lead to a resolution of the conflict, then the court has the right to recognize the reason for missing the deadline in such cases as valid.
Thus, the Semey City Court of February 8, 2016, denied the claim of U.M.S. to Kazshakhtostroy LLP for the recovery of wage arrears on the grounds of missing the statute of limitations. The plaintiff justified his arguments by the fact that in the period from August 15 to November 13, 2013, he worked in Kazshakhtastroy LLP as a 4th-class sinker. However, the employer partially paid the salary for the specified period, in the total amount of 70,000 tenge. The defendant did not issue a certificate of debt, the salary debt is 230,000 tenge. In this regard, the plaintiff asked the court to recover from the defendant in his favor the wage arrears in the amount of 230,000 tenge.
Based on the analysis of the evidence presented by the defendant, the court concluded that the plaintiff was indeed in arrears in wages. However, for a long time, more than two years, the plaintiff did not demand payment of his wage arrears. The court did not establish the existence of valid reasons giving the right to reinstate the missed deadline, and the court granted the defendant's request to apply the statute of limitations on wage recovery claims. Therefore, the court dismissed the claim in full due to the expiration of the statute of limitations.
It should be borne in mind that when considering cases on the claim of an employee with whom the employment relationship has not been terminated, for the recovery of accrued but unpaid wages, it should be borne in mind that the employer's application for the employee to skip the deadline for going to court cannot in itself serve as a basis for rejecting the claim, since in this case the deadline No one has been allowed to go to court, since the violation is of a continuing nature and the employer's obligation is to pay the employee wages on time and in full, and even more so the delayed amounts., It remains valid for the entire period of the employment contract.
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