Missing the deadline for applying to the court due to the late issuance of a decision by the conciliation commission
Restoration of the time limit for applying to the conciliation commission In accordance with paragraph 5 of Article 159 of the Labor Code, the conciliation commission is obliged to consider the dispute within fifteen working days from the date of registration of the application and provide the parties to the dispute with copies of the decision within three days from the date of its adoption. According to Article 160 of the Labor Code, the following deadlines are set for applying to the conciliation commission or the court for the consideration of individual labor disputes: 1) for disputes concerning reinstatement at work – one month from the date of delivery of a copy of the employer's act on termination of the employment contract to the conciliation commission, and for applying to the court – two months from the date of delivery of a copy of the decision of the conciliation commission when applying for unresolved disputes or in case of non-fulfillment of its decision by the party to the employment contract; 2) in other labor disputes – one year from the day when the employee or employer learned or should have learned about the violation of his right. The term of the application for consideration of individual labor disputes is suspended during the period of validity of the mediation agreement on the labor dispute under consideration, as well as in the absence of a conciliation commission before its establishment. The Labor Code sets deadlines according to which a party has the right to apply to a conciliation commission to settle a dispute in a pre-trial manner. The Labor Code does not provide for the restoration of the deadline for applying to the conciliation commission. If an employee misses the deadline for applying to the conciliation commission and the commission issues a decision to refuse to consider the application due to missing the deadline, the issue is considered unresolved, which gives the party the right to file a lawsuit with the court.
Thus, in a civil case considered by the Balkhash City Court, in the case of E.'s claim to the employer for reinstatement, recovery of wages for forced absenteeism and moral damage, the plaintiff appealed to the conciliation commission during the preparation of the case for trial, but she was given a decision by the conciliation commission to skip the deadline for appeal. In this case, the commission's decision that the applicant missed the deadline indicates that the dispute has not been resolved by the conciliation commission. Consequently, the pre-trial procedure of the dispute has been observed, and the plaintiff's appeal to the court with a claim for restoration of the violated right is legitimate.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
