Terms of applying to the court for consideration of individual labor disputes
According to article 172 of the Labor Code, the following deadlines are set for applying to the bodies for the consideration of individual labor disputes: for disputes about reinstatement at work — three months from the date of delivery of a copy of the employer's act of termination of the employment contract; for other labor disputes — one year from the day when the employee or employer learned or should have learned about the violation. your right.
Terms of applying to the court for consideration of individual labor disputes
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. Paragraph 5 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated December 19, 2003 "On certain issues of the application of legislation by courts in resolving labor disputes" (with subsequent amendments) reflects that if it is established that the deadlines provided for in Article 172 of the Labor Code were missed for a valid reason, then in the operative part of the decision the court indicates this and resolves the dispute on the merits. 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. It would be advisable to include the concept of valid reasons and an approximate list of them in labor legislation. A summary of judicial practice shows that the provisions of the law on the time limits for the consideration of labor disputes are generally respected by the courts, with the exception of individual cases. By the decision of the Ust-Kamenogorsk City Court of the East Kazakhstan region, B.'s claim to LLP "N" for reinstatement at work, recovery of wages for forced absenteeism and compensation for moral damage was denied. The reason for the refusal was the omission of the deadline for applying to the court. However, the court's decision does not contain a conclusion on the merits of the labor dispute. The court incorrectly limited itself to clarifying and assessing the circumstances surrounding the plaintiff's failure to apply to the court.
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