The procedure for resolving labor disputes by the conciliation commission and the courts
In accordance with subparagraph 16) of paragraph 1 of Article 22 of the Labor Code, an employee has the right to apply for a resolution of an individual labor dispute sequentially to a conciliation commission or court in accordance with the procedure provided for by the Labor Code. On the basis of subparagraph 12) of paragraph 1 of Article 23 of the Labor Code, an employer has the right to apply for a resolution of an individual labor dispute sequentially to a conciliation commission or court in accordance with the procedure provided for by the Labor Code. The exception to applying to the conciliation commission are domestic workers, individual labor disputes between whom, on the basis of paragraph 4 of Article 136 of the Labor Code, are resolved by agreement of the parties and (or) in court. According to paragraph 1 of Article 159 of the Labor Code, individual labor disputes are considered by conciliation commissions, and for unresolved issues or non–compliance with the decision of the conciliation commission - by the courts, with the exception of small businesses and heads of the executive body of a legal entity.
It should be noted that, according to paragraph 6 of Article 140 of the Labor Code, the specifics of regulating the work of the head of the executive body of a legal entity provided for in the Labor Code (including the exclusion from contacting the conciliation commission of the heads of the executive body of a legal entity) apply to the sole executive body of the legal entity, as well as to other members of the collegial executive body of the legal entity. Thus, the new Labor Code provides for mandatory preliminary consideration of individual labor disputes sequentially: by conciliation commissions, then by courts. The introduction of this rule was intended to relieve the burden on the courts, as well as to provide the parties with the opportunity to resolve individual labor disputes in a short time within organizations. The legislator gave the conciliation commission the function of an interim, at the same time mandatory stage, and also settled the issue of mandatory resolution of individual labor disputes in a pre-trial manner, non-compliance with which, by virtue of subparagraph 1) of part 1 of Article 152 of the CPC, is the basis for the return of the statement of claim.
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