Certificate issued by the Commission on labor disputes. Documents of the commission on labor disputes: what are they and why are they needed? Terms of application to the labor commission

A copy of the decision of the bailiff-executor to initiate enforcement proceedings no later than the day following the day of issuance of the said decision is sent to the employee, employer, as well as to the body that issued the executive document (see Article 30 of the Law on Enforcement Proceedings). 7. The bailiff, within three days from the date of receipt of the executive document, issues a decision to refuse to initiate enforcement proceedings if: the executive document is presented without an application from the employee or the application is not signed by the employee or his representative; the executive document was not presented at the place where the enforcement actions were performed; the document is not executive or does not meet the requirements for executive documents.

Section 389. Execution of Decisions of a Labor Dispute Commission

The decision on the return of the executive document indicates the reason for the return of the certificate, sets a deadline for eliminating the violations committed, if the reason for the return was the failure to comply with the requirements for executive documents. In case of elimination of the committed violations within the prescribed period, the CCC certificate is considered received on the day of the initial receipt by the bailiff.

Attention

Violation of the period established for the elimination of the violations committed does not prevent the secondary direction of the executive document to the bailiff in the general manner after the elimination of these violations. The decision to return the certificate may be appealed within 10 days (Art.

10 of the Law on Enforcement Proceedings).

Collection of salary according to the CTC certificate

If none of the parties to the individual labor dispute has appealed the decision of the CCC to the court, the stage of execution of the decision of the commission begins, which can be either voluntary within 3 days from the date of the expiration of the period for appeal, or forced after the expiration of the said period. 2. A certificate for the enforcement of a decision is issued by the CCC of the organization.

KTS of structural subdivisions of the organization are not entitled to issue certificates having the force of a writ of execution. The Labor Code does not establish a requirement for the competence of the commission when issuing a certificate, as is done in Part 2 of Art.

5 st. 387 TC regarding holding a meeting of the CCC when resolving an individual labor dispute. 3. An employee shall submit a written application to the CCC for the issuance of a certificate for the enforcement of the decision of the commission.

How to issue a salary if the company account is blocked

At the same time, if the three-month deadline for presenting the CCC certificate for execution was missed due to the fact that the bank to which the recoverer applied returned the certificate due to the impossibility of its full or partial execution later, the period under consideration after the break is calculated from the date the certificate was returned to the recoverer ( paragraph 3 of article 15 of the Law). Terms, procedure for initiation, implementation and termination of enforcement proceedings, as well as the solution of a number of other procedural issues are regulated in detail in other articles of the Law.

Sources of repayment and the procedure for distributing the amount of money collected from the debtor are determined by Art. 77 of the Law.

In the event that the owner or the body authorized by him fails to comply with the decision of the commission on labor disputes within the prescribed period (Article 229), the labor dispute commission of the enterprise, institution, organization issues a certificate with the force of a writ of execution to the employee. The certificate indicates the name of the body that made the decision on the labor dispute, the date of adoption and issue and the number of the decision, the last name, first name, patronymic and address of the claimant, the name and address of the debtor, the numbers of his bank accounts, the decision on the merits of the dispute, the deadline for presenting the certificate for execution .

The certificate is certified by the signature of the chairman or deputy chairman of the labor dispute commission of the enterprise, institution, organization and the seal of the labor dispute commission.

Certificates of the commission on labor disputes are executive documents. Does this mean that the company can submit the certificate of the commission to the bank directly, or is it necessary to apply to the court to the bailiff? What are the deadlines for contacting a bailiff? In what order will the amounts collected from the debtor be distributed? Indeed, according to sub.

4 p. 1 art. 7 of the Federal Law of July 21, 1997 N 119-ФЗ “On Enforcement Proceedings” (hereinafter referred to as the Law), certificates of the Labor Disputes Commission (CTC) issued on the basis of its decisions refer to executive documents. At the same time, paragraph 1 of Art.

Fulfillment by the bank of the requirements of the commission on labor disputes

In case of disagreement with the decision of the commission on labor disputes, the employee or the owner or the body authorized by him may appeal against its decision to the court within ten days from the date of handing over to him an extract from the minutes of the meeting of the commission or a copy thereof. Missing this deadline is not grounds for refusing to accept an application.

Having recognized the reasons for the omission as valid, the court may restore this period and consider the dispute on the merits. If the deadline is not restored, the application is not considered, and the decision of the commission on labor disputes remains in force.
The decision of the commission on labor disputes is subject to execution by the owner or the body authorized by him within three days after the expiration of ten days provided for its appeal (Article 228), except for the cases provided for by part five of Article 235 of the Labor Code of Ukraine.
The certificate issued on the basis of the decision of the commission is signed by the chairman of the commission or his deputy and certified with a seal (Article 8 of the Law on Enforcement Proceedings). If the 3-month period for presenting the CCC certificate for execution has not expired and this document meets the requirements for executive documents, the bailiff is obliged to accept it for execution.

The bailiff-executor within 3 days from the date of receipt of the executive document to him makes a decision to initiate enforcement proceedings. It establishes a period for the voluntary fulfillment of the requirements contained in the certificate, which cannot exceed 5 days from the date of initiation of enforcement proceedings.

The bailiff notifies the employer of the enforcement of these requirements after the expiration of the established period.
The elimination of these circumstances does not prevent the re-direction (presentation) of the writ of execution to the bailiff (see Article 31 of the Law on Enforcement Proceedings). 8. In case of ambiguity of the provisions of the executive document, the method and procedure for its execution, the employee, the bailiff has the right to apply to the CCC with a statement for clarification of its provisions, the method and procedure for its execution.

Important

An application for clarification of the provisions of the certificate, the method and procedure for its execution is considered by the CCC within 10 days from the date of its receipt (see Article 32 of the Law on Enforcement Proceedings). 9. The requirements contained in the executive document must be executed by the bailiff within two months from the date of initiation of enforcement proceedings (see.

Art. 36 of the Law on Enforcement Proceedings). ten.

The procedure for creating a commission on labor disputes

Labor activity cannot be completely devoid of conflict situations that arise both between employees within structural units, and between an employee and an employer.

The cause of the conflict and the employee's belonging to one or another category of employees is not important. The main thing is legal literacy in dealing with the resulting conflict. And here, without fail, a commission on labor disputes is needed, the purpose of which is to consider such issues.

Education according to legislative acts

In accordance with the Labor Code of the Russian Federation, any labor conflict at the enterprise must be considered by the commission on labor disputes. In order for such a body to be able to perform its direct functions, it must be created. The process of education itself takes place in accordance with the established procedure, enshrined in the Labor Code of the Russian Federation.

The reason for the creation or convening of a body can be both a statement by the employer himself and the employee, that is, the formation of a labor commission can be initiated each side of the dispute.

You should also be aware that a commission can be created to resolve one dispute, but can continue to function in the same composition and for further consideration of conflict situations. current law structure expiration date not defined.

The main principle of creation: representatives from the employer and the worker must be in equal proportion. In turn, representatives on behalf of the employer are directly appointed by the head of the enterprise (if the dispute takes place in an individual enterprise, the appointment is made by an individual).

The choice of representatives from the work collective can be carried out only on an elective basis with a collegial convocation of workers, for example, at labor conferences. You can also delegate representatives who will then be approved or rejected at the collective meeting.

You should be aware that the employer himself and the representative from the labor collective must receive written documents on the need to convene such a body and respond within 10 days from the date of receipt by sending their representatives to the commission.

All members must be warned that they are members not only orally, but also in writing.

A body of such significance can be created not only at the level of the company itself, but also at the level of its structural divisions. Creation procedure similar.

A council for resolving conflict situations of such importance should have its own structure, which is why by way of it is necessary to appoint the chairman of the body, his deputy, as well as the secretary. Also, such an organization has its own seal.

Speaking about education, it is necessary to mention that if an enterprise, represented by the head, refuses to create such a commission or does not obey its decision, without giving it the powers that it should have, it can be applied administrative responsibility.

It must be remembered that the consent of the employer to the formation of a competent authority for disputes is strictly required.

When all employees give their consent to participate, the order of the head must be formed without fail. Without it, the creation will not be legitimate. The document is printed on a special form - company. In its absence - on a simple white sheet.

The order must specify:

Name of the organization;
date of creation;
city;
the reason for the creation of the commission, for example, at the initiative of the trade union, due to the appeal of Ivanov I.I. etc.;
members of the commission with the definition of the structure: who will be the chairman, secretary, etc.

The order must be signed company general director. Its copy or scan must be brought to the attention of all employees.

Competence, composition, powers

Composition of the commission:

Representatives of the employer who are delegated based on the order of the management.
Representatives of the labor collective representing the interests of the employee with whom the dispute arose.

The structure of the commission on labor disputes consists of the following:

chairman;
vice-chairman;
secretary.

It is believed that the minimum number of members of such a meeting is cannot be less than 15 people.

The most important function is consideration of individual disputes that occur within the same organization. Powers do not "go beyond" the enterprise.

A notable feature of the rights is that the commission is an independent unit, it is not subordinate to the leadership. You should also be aware that disputes can be resolved by involving these representatives both between management and current employees, as well as those employees who no longer work in this institution.

Individuals who applied for any open vacancy and were not accepted for other than objective reasons may also apply to the authority upon application. There is no reason to dismiss the complaint.

Competence and powers regarding the consideration of disputes may relate to following questions:

Correctness, correctness, rationality of payroll.
Application of penalties to an employee, including recovery from wages.
Working conditions, their proper provision.
Recruitment and dismissal from office, demotion, etc.
Any other problematic issues that have not been resolved as a result of an agreement between the subjects.

But the competence of this council cannot include such subject areas, how:

reinstatement after demotion;
reinstatement at work in any position after dismissal;
any kind of compensation payments related to dismissal;
retention of funds based on absenteeism.

All of the listed subject areas are already within the competence of the court and should be considered exclusively in court, by the decision of which a legitimate verdict will be issued: reinstate or not.

Competence and powers are also defined by the Labor Code of the Russian Federation, Article 385.

Who initiates the creation

The main question that worries most: at whose request such a competent body can be created? Under current legislation, such an initiative can come from both the employee and the employer.

At the same time, a representative of an employee, that is, a trade union organization, can submit a desire to create. In addition, the initiative can simultaneously come from both sides - by agreement.

In addition, the right to convene is also granted to former employees who still have contentious issues, as well as job applicants.

Another thing is that it is not always possible to create such a body at the request of the employees themselves, who even have any valid claims against their employers.

People believe that creating such a body does not make any sense, since the outcome of the case is predetermined anyway. Someone does not come up with such an initiative only because of the unwillingness to spoil relations in the team, fearing that, despite the resolution of the controversial situation, then the employee's career at this enterprise will be predetermined.

According to the current legislation, each employee can apply to such a commission within a strictly prescribed period - within 3 months after the violation itself arose. The term of application can be extended only due to valid reasons, which will be documented, for example, due to illness.

At the same time, for the employer, the application period is set throughout the year.

Commission decision

At the end of the case, the committee must decide corresponding decision- an official document, which will be the legal basis for further actions.

It should be noted that each decision must be correctly drawn up, including in terms of information content. According to the current regulatory legal act, the decision must necessarily display following:

The full name of the legal entity where such a dispute is being considered.
Full name, position, qualification, specialty, etc. the employee who is one of the participants in the disputed conflict.
The date on which the application was accepted for consideration.
The date when this dispute was considered by the CCC.
The essence of the conflict, that is, the subject of the dispute.
List of all persons who were present at the hearing.
Just a decision. The description must be complete with the presentation of the legal essence of the decision taken, its compliance with legislative acts (they should be indicated).
Voting and its results.

it mandatory substantive parts of the CCC Decision, without which the document can be declared illegal and it can be appealed in the highest instance - in court.

The document must be signed by the chairman of the commission, stamped.

Adoption

The decision is made by ania which is carried out in secret. The decision is taken by a simple majority.

By the way, copies of decisions within 3 days upon acceptance, must be given to both the employer and the employee. Each party involved should be familiar with it.

Consideration procedure

The case is being heard only in the presence the employee himself or his authorized body. The CCC meeting may be held in the absence of the applicant only if he has given his written permission to do so.

If the party did not appear at the meeting, then the CCC is postponed to another date. If the employee also did not appear for the second consideration of the case, did not provide supporting documents confirming the good reason for the absence, then the issue can be dropped.

At the same time, according to the law nobody limits non-appearing subject to reapply.

Witnesses, consultants, labor law specialists, etc. can be invited to CCC, that is, all those who can objectively help resolve the conflict legally.

Based on the results of the meeting, a protocol is necessarily kept, which must be signed by the chairman and secretary of the CCC.

After the CCC decision has been made, all participants in the process have 10 days to appeal such a result. If an appeal is not received within the allotted time, then three days after the expiration of 10 days to appeal the decision must be made.

transfer

As mentioned earlier, the meeting may be postponed due to the primary absence of the applicant, that is, the employee. In case of a second non-appearance, such a meeting is not postponed.

Sample Application

The main document that an employee must submit to create and convene a CCC is statement. Of course, there is no strictly established form for such a document, but it is necessary to adhere to common scheme.

Documents for download (free)

Document must be specified:

who is applying;
applicant's contact details
who or what organization is applied for;
the reason for submitting such an application, the essence of the conflict: what the subject wants to receive, the date the application was submitted, the signature.

The application may be accompanied by applications- documents that explain or clarify the essence of the dispute.

The application is accepted, registered and the stamp of the incoming document is affixed to it. Then the procedure for creating the CCC should already be started.

Thus, in the event of any labor dispute, it is necessary to apply for the creation of an appropriate commission. This is a way not only to resolve the conflict that has arisen, but to consider it from different angles, proving that you are right. Considering cases in this way is not always harmful, as many people think, but, on the contrary, can bring the employer and his employees closer together.

The principles of work of this commission are discussed in the video.

Source: http://znaybiz.ru/kadry/oxrana-truda/trudovye-spory/sozdanie-komissii.html

Regulations on the commission on labor disputes

The commission on labor disputes at the enterprise, along with the court, is the body for the consideration of individual labor disputes. The employee applies to this commission if he himself could not resolve his differences directly with the employer (part 2 of article 385 of the Labor Code of the Russian Federation). We will tell you about the features of the work of the labor commission in our consultation.

How labor dispute commissions are formed

The procedure for the formation of a commission on labor disputes is established by Art. 384 of the Labor Code of the Russian Federation. Commissions on labor disputes under the Labor Code of the Russian Federation are created on the initiative of both employees or their representative body, and the employer.

At the same time, the composition of the commission on labor disputes must include an equal number of representatives of employees and the employer.

When an employer or a representative body of employees receives a written proposal to create a commission on labor disputes, they are obliged to send their representatives to it within ten days (part 1 of article 384 of the Labor Code of the Russian Federation).

The commission elects a chairman, deputy chairman and secretary of the commission from among its members (part 5 of article 384 of the Labor Code of the Russian Federation). A regulation on a commission on labor disputes can be developed, which is agreed with the representative body of employees and approved by the head of the organization.

Labor commissions can be created both in the organization as a whole and in individual structural units. The commissions of the divisions of the organization consider labor disputes within the powers of such divisions (part 3 of article 384 of the Labor Code of the Russian Federation).

The commission for the resolution of labor disputes must have its own seal (part 4 of article 384 of the Labor Code of the Russian Federation).

Recall that the competence of the labor commission is limited by the Labor Code of the Russian Federation and federal laws. So, for example, the commission on labor disputes does not decide on disputes between an employee and an individual employer who is not an individual entrepreneur (Article 308 of the Labor Code of the Russian Federation), or with an employer that is a religious organization (Article 348 of the Labor Code of the Russian Federation). For such employers, individual labor disputes are resolved exclusively in court.

Terms of application to the labor commission

An employee may apply to the Labor Dispute Commission within three months from the date on which he learned or should have known about the violation of his right. At the same time, the commission may consider the dispute outside this period, if it considers the reason for missing the three-month period to be valid (Article 386 of the Labor Code of the Russian Federation).

The procedure for considering a dispute by the labor commission

An application received by the commission on labor disputes is mandatory registered by the commission and must be considered by it within 10 calendar days from the date of submission (part 2 of article 387 of the Labor Code of the Russian Federation). If the dispute is not considered by the commission within the specified period, the employee has the right to transfer its consideration to the court (part 1 of article 390 of the Labor Code of the Russian Federation).

In general, the dispute is considered in the presence of the employee who submitted the application. But the employee can apply for a dispute in his absence.

The commission has the right to call witnesses to its meeting, to invite experts. And the employer, at the request of the commission, is obliged to submit the necessary documents.

The commission must keep a protocol, which is signed by the chairman of the commission or his deputy and certified by the seal of the labor commission (Article 387 of the Labor Code of the Russian Federation).

The labor dispute committee decides

The decision of the commission on labor disputes is taken by a secret council by a simple majority. The committee's decision must state:

name of the organization or full name employer - individual entrepreneur;
Full name, position, profession or specialty of the employee who applied to the commission;
dates of application to the commission and consideration of the dispute;
the subject of the dispute;
FULL NAME. members of the commission and other persons who were present at the meeting of the commission;
decision and its justification;
ania results.

Copies of the decision of the labor commission, signed by the chairman of the commission or his deputy and certified by the seal of the commission, are handed over to the employee and employer (or their representatives) within 3 calendar days (Article 388 of the Labor Code of the Russian Federation).

The decision of the labor commission may be appealed by the employee or employer to the court within 10 calendar days from the date of delivery of a copy of the decision of the commission (part 2 of article 390 of the Labor Code of the Russian Federation).

Execution of decisions of labor commissions

After the expiration of the period for appeal (10 days from the date of delivery of a copy of the decision), there are 3 calendar days to execute the decision of the labor dispute commission (part 1 of article 389 of the Labor Code of the Russian Federation).

If such a decision is not executed, the employee is issued a special certificate. An employee can apply for it within 1 month from the date of the decision by the commission.

This certificate, issued by labor dispute commissions, is an executive document.

On its basis, within 3 months from the date of receipt, the employee applies to the bailiff, who forcibly enforces the decision of the labor commission.

During the crisis, construction companies face financial difficulties: there is no money for taxes and other obligatory payments. And if they are not paid on time, inspectors have the right to suspend debit transactions on the account. How then to pay employees?

Order of payments on a frozen account

If there is not enough money in the account to satisfy all the requirements, the bank debits them in a certain sequence. The priority is established in Article 855 of the Civil Code of the Russian Federation. After analyzing its norms, we can conclude that the requirement to suspend operations on accounts does not apply only to payments under executive documents in terms of:

compensation for harm to life and health and recovery of alimony;
satisfaction of claims for the issuance of severance pay and remuneration of employees (former employees).

Money for these purposes is written off in the first and second place, respectively.

But the issuance of funds from the account for a regular salary and the transfer of debt on taxes and contributions on behalf of the tax inspectorate and extra-budgetary funds are operations of one turn (third). Therefore, the bank will issue money for salaries only if it receives payment documents from the company before the decision of the tax authorities to suspend operations on accounts (letter of the Ministry of Finance of Russia dated March 6, 2014 No. 03-02-07/1/9689).

How to be? Indeed, for delaying wages, the organization will have to pay employees interest in the amount of at least 1/300 of the refinancing rate (now it is 8.25% per annum) for each day of delay.

Moreover, regardless of the fault of the employer (Article 236 of the Labor Code of the Russian Federation, paragraph 55 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

Not to mention other measures of responsibility, in particular, administrative - in the form of a fine. For legal entities, its amount is from 30 thousand to 50 thousand rubles. This value is established in paragraph 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Method of payment

There are several ways to make payments to employees.

Cash payment

The easiest way is to give money to employees from the cash register. But this is possible when the company has cash proceeds. If there are few funds at the cash desk, then it will not work to withdraw money from a blocked current account. It will also not be possible to open an account in another bank, since this has been expressly prohibited since last year. The corresponding provision was included in paragraph 12 of Article 76 of the Tax Code of the Russian Federation.

The tax service informs all banks about the suspension of operations on the organization's accounts using a special service (letters of the Federal Tax Service of Russia dated February 20, 2014 No. PA-4-6 / 3003, dated February 13, 2014 No. ND-4-8 / 2283).

Up-to-date information is available on the website of the Federal Tax Service of Russia in the section “About the Federal Tax Service of Russia / Interaction with other state institutions of the Russian Federation / Interaction with the Bank of Russia / System for informing banks about the status of processing electronic documents (“BANKINFORM”)” (www.nalog.ru).

Credit or loan

A loan or a loan (from a friendly company or from the founders) can help fill the shortage of working capital. But here are the problems.

In a crisis, extra money is not easy to find. If the situation in the company is unfavorable, the bank may refuse a loan. If you still manage to get the money, you will have to pay high interest on them. And finally, the main drawback is that those who received the funds will first still go to pay taxes and contributions, and only then to pay salaries. So they need to be taken in order to have enough for settlements with the budget, and not just for settlements with employees.

The decision of the commission on labor disputes

If there is no cash and no funds raised, you can use another method - to issue a salary by decision of the commission on labor disputes. This is an executive document, and payments on it relate to payments of the second priority.

The procedure for creating a commission is defined in article 384 of the Labor Code of the Russian Federation.

The procedure is the following.

1. We create a commission on labor disputes (CTS) from an equal number of representatives from the employer and employees. Representatives from the employer's side are appointed by the head of the company. On the part of employees, the election of representatives is formalized by the minutes of the general meeting of the labor collective.

2. We make a seal for KTS. You can order any print, there are no specific requirements for it.

3. We issue pay slips to all employees (Article 136 of the Labor Code of the Russian Federation).

4. Employees who have not been paid by the company submit applications to the commission with a request to oblige the employer to pay them money for a certain month (period).

5. The commission registers and considers applications, makes a decision on the payment of salary arrears. Minutes are kept at the meeting of the commission. And according to the results of the meeting, the commission draws up a decision, a copy of which is given to the employee. As a general rule, the employee presents this copy to the employer for execution.

If the employer does not comply with the decision, the commission issues a certificate to the employee, which is an executive document. It must be issued within three days after the expiration of 10 days allotted for the employer to appeal the decision of the CCC.

In this case, the employer is not going to appeal the decision of the commission (since he himself initiated its creation), and cannot voluntarily pay wages according to the decision of the CCC, since the account is blocked. Therefore, certificates can be issued simultaneously with a copy of the decision of the commission (see sample).

a) the employee transfers the certificate issued by the commission to the bailiff, and he is engaged in its enforcement by force;

b) the employee himself applies to the bank of the debtor, that is, his employer, as a claimant (Article 8 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”). At the same time, he presents to the bank:

certificate issued by the commission on labor disputes;
an application for the payment of money indicating the necessary information about yourself (full name, citizenship, passport or other identity document, place of residence or place of stay, TIN (if any), details of the account to which he asks to transfer money ).

At the same time, in order not to send all employees to the bank, you can transfer all certificates to one representative, for example, an accountant. To do this, it is necessary to issue from each employee. Indicate in it that the employee trusts the representative to transfer documents to the bank for the collection of wages.

A power of attorney can be drawn up in a simple written form.

The bank, in turn, must immediately fulfill the requirements of the claimant and report on the execution within three days (clause 5, article 70 of Law No. 229-FZ).

However, when choosing this method, it should be taken into account that the bank may refuse to issue money, referring to clause 8 of Article 70 of Law No. 229-FZ. It provides that the bank has the right not to execute the executive document in the event that operations with funds are legally suspended. Then the employees will have to go to court to resolve the situation.

The author believes that the bank is obliged to execute the certificate of the commission on labor disputes, since the suspension of operations does not apply to collections, the order of execution of which precedes the collection of taxes and fees. That is, in our case - to recover wages according to executive documents. Therefore, in the opinion of the author, the given rule applies only to operations of the fourth and fifth stages. This rule has been around for a long time. And before, the bank did not refuse to collect, even if the account was blocked.

Judicial decisions, where the bank illegally refused to collect wages, could not be found. Perhaps they are not. There is a decision in which the court confirmed that the bank had lawfully refused to collect other payments related to the fifth priority from the account blocked by the tax authorities (decree of the Seventeenth Arbitration Court of Appeal dated June 3, 2014 No. 17AP-5256/2014-AK). This indirectly confirms that a bank can refuse to issue funds under a writ of execution only for claims that, in order of priority, are lower than tax payments collected on behalf of the Federal Tax Service.

The list of ways to solve the problem is, of course, not exhaustive. Which option to use, the company decides on its own.

Important to remember
The order in which money is debited if there is not enough money on the account to satisfy all requirements is defined in Article 855 of the Civil Code of the Russian Federation. The bank transfers funds for salaries in the third place. Taxes and contributions are also payments of the third order. The bank conducts operations of one queue in the order of the calendar order of receipt of documents.

A certificate issued by a specialized body is a final document that completes the procedure for analyzing a specific personal conflict in an enterprise.

The current legislation refers this certificate to the list of executive documents on a par with the traditional and more common in practice sheets and orders issued by the courts (Article 12 of the Federal Law "On Enforcement Proceedings").

Therefore, the certificate has the same properties and characteristics as all documents of this type (for details about which documents accompany the creation procedure and the work of the commission, read).

The drawing up of this document is due to the debtor's failure to comply with the decision of the specialized body on a voluntary basis within the established thirteen-day period. Ten days of which are given to the parties to challenge the act of the commission, and three days - to satisfy the claims of the exactor without the use of coercive mechanisms.

Why do you need an executive document?

The presence of a certificate serves as the basis for initiating proceedings for the execution of an act of a specialized body. Realization of the requirements of the recoverer is carried out against the will of the debtor. The subjects of coercion are bailiffs or banks, if it is sent by the applicant directly to a banking organization where there are settlement accounts of the obligated subject.

The purpose of the certificate, as an executive document, is to ensure the enforceability of the decision of a specialized entity, as well as the exercise of the powers of the recoverer.

To whom is it issued?

The certificate is provided to the participant of the resolved conflict in whose favor the binding act has been passed. In order to obtain a certificate, the claimant applies with a simple written application to the specialized commission that made the decision (Article 389 of the Labor Code of the Russian Federation). The term of circulation may not exceed one month from the date of issuance of the act subject to execution.

It is not allowed to issue a certificate if any subject from the participants in the conflict initiated the transfer of its consideration to the court.

Who makes up?

Drawing up the certificate of the commission on labor disputes belongs to the competence of the chairman, his deputy and secretary. The certificate is signed by the chairman or his deputy.

In practice, there are situations when the certificate is actually drawn up by the head of the enterprise or, on his behalf, by a lawyer, personnel officer or other employee. This is possible if the company's accounts are arrested, and employees need to be paid wages. This option suits both the management and employees of the enterprise. But legally, this document will still come from a specialized body - the commission (read more about what a labor dispute commission is, and from you will find out who is on the labor dispute commission and whether representatives are provided to employers).

Content Feature

There is no uniform officially fixed form of the certificate. However, given its executive nature, it is reasonable to believe that it is possible and necessary to apply Art. 13 of the Federal Law "On Enforcement Proceedings", containing a list of established requirements for all executive documents.

According to the established practice and customs of business transactions, the certificate should indicate:

place of compilation;
the name of the body that made the decision, its composition;
date, number, other details of the decision;
information about the claimant (full name; address, position);
information about the debtor: enterprise or individual entrepreneur (name, address, registration data);
the final part of the decision indicating the method and order of execution;
date of issue of the certificate (this item is especially important, since from this date the period for presenting the document for execution will be calculated);
stamp of the specialized body and the signature of the authorized subject (chairman or his deputy).

These items serve as a kind of characteristic of the executive document.

How long can it be submitted?

How long can a document be presented? The recoverer sends to the bailiff service or immediately to the banking organization the certificate received on the basis of his written request within a period not exceeding three months from the date of receipt of such a certificate (part 5 of article 21 of the Federal Law “On Enforcement Proceedings”).

Based on the written request of the applicant and the certificate of the specialized entity attached to it, the bailiff initiates proceedings and executes the act of the commission without taking into account the will of the debtor, using permissible coercion mechanisms. The banking organization writes off the available funds from the debtor's settlement accounts in favor of the recoverer.

Important: if the applicant can justify the validity of the reasons for missing the deadlines, the specialized body, at the request of the interested person, can restore the missed deadline (Article 389 of the Labor Code of the Russian Federation).

Article 389 of the Labor Code of the Russian Federation. Execution of decisions of the commission on labor disputes

The decision of the commission on labor disputes is subject to execution within three days after the expiration of the ten days provided for appeal.
In case of non-execution of the decision of the commission on labor disputes within the prescribed period, the specified commission issues a certificate to the employee, which is an executive document. An employee may apply for a certificate within one month from the date of the decision of the labor dispute commission. If the employee misses the specified period for valid reasons, the labor dispute commission may restore this period. The certificate shall not be issued if the employee or the employer has filed an application for the transfer of the labor dispute to the court within the prescribed period.
Based on the certificate issued by the labor dispute commission and presented no later than three months from the date of its receipt, the bailiff enforces the decision of the labor dispute commission.
If an employee misses the established three-month period for valid reasons, the labor dispute commission that issued the certificate may restore this period.

The certificate, being a legislatively provided mechanism for the enforcement of acts of a specialized extrajudicial body (), gives such decisions a certain resemblance to judicial decisions.

Often in the workplace, where we spend most of our time, conflicts can arise between employees and superiors. And you always need to find the right solution to the situation. It is for this purpose that the commission on labor disputes is drawn up at the enterprise. Read articles on our website about such a committee and what problems are considered, as well as an employee can file and what are the stages of resolving a claim.

Endowing certificates with the properties of an executive document contributes to the most effective restoration of the violated rights of employees and significantly reduces the number of cases considered by the judiciary.

Certificates issued by commissions on labor disputes, the legislation on enforcement proceedings are among the executive documents (Article 12 of the Law on Enforcement Proceedings).

Consideration of a labor dispute in the CCC is an independent type of labor dispute resolution1. An individual labor dispute is considered by a labor dispute commission if the employee, on his own or with the participation of his representative, did not resolve the differences during direct negotiations with the employer (Article 385 of the Labor Code of the Russian Federation). Based on the results of consideration of an individual labor dispute, the CCC makes a decision, which indicates: the name of the organization or the surname, name, patronymic of the employer - in

1 See: Commentary on the Labor Code of the Russian Federation / Ed. IN AND. Boxes. - M., 2007. - S. 547.

Chapter 4. Executive documents

a sole trader, and in the case when an individual labor dispute is considered by the CCC of a structural subdivision of the organization, the name of the structural subdivision, last name, first name, patronymic, position, profession or specialty of the employee who applied to the commission; dates of application to the commission and consideration of the dispute; the substance of the dispute; surnames, names, patronymics of the members of the commission and other persons present at the meeting; the essence of the decision and its justification (with reference to the law, other regulatory legal act); Voting results.

The decision of the commission on labor disputes is subject to execution within three days after the expiration of the ten days provided for appeal.

In case of non-execution of the decision of the CCC within the prescribed period, the specified commission issues a certificate to the employee, which is an executive document. At the same time, according to Article 389 of the Labor Code of the Russian Federation, an employee can apply for a certificate within one month from the date of the decision of the CCC. If the employee missed this deadline for good reasons, then the KTS can restore this deadline. The certificate shall not be issued if the employee or the employer has filed an application for the transfer of the labor dispute to the court within the prescribed period.

The certificate indicates the name of the body that made the decision; date of its acceptance and issue of the certificate; surname, name and patronymic of the employee; decision on the merits of the dispute. The certificate is certified by the signature of the chairman of the CCC (or his deputy) and the seal of the CCC.

Certificates issued by labor dispute commissions can be presented for execution within three months from the date of their issue (part 5 of article 21 of the Law on Enforcement Proceedings). Based on the certificate issued by the CCC and presented no later than the specified three-month period from the date of its receipt, the bailiff enforces the decision of the CCC by force.

Labor legislation provides for a norm (Article 389 of the Labor Code of the Russian Federation), according to which, if an employee misses the established three-month period for good reasons, the CCC that issued the certificate can restore this period (moreover, such an opportunity did not appear in the Labor Code immediately, but only after making amended and supplemented by the Federal Law of June 30, 2006 No. 90-FZ). At the same time, Article 23 of the Law on Enforcement Proceedings allows for the possibility of restoring missed deadlines for presenting the executive

Enforcement proceedings

106 of a legal document for execution only in relation to writ of execution and court orders. The missed deadlines for presenting other executive documents, including certificates issued by the CCC, are not subject to restoration due to the direct disposition of the Law on Enforcement Proceedings (part 2 of article 23). In this regard, it seems quite reasonable to conclude that with the adoption of the Law on Enforcement Proceedings, the norms of the Labor Code of the Russian Federation regarding the possibility of restoring the deadline for presenting a CCC certificate for execution are not applied, since they conflict with a special regulatory legal act.