Procedure for the protection of employee’s rights in case of violation of labour laws
If an employer violates the labour laws (delay in salary payment, illegal dismissal, non-payment of all sums of money when the employee is dismissed, etc.), one can define the following procedure for protecting their rights:
Appeal to the employer with a written application for restoration of labour rights.
In case of the refusal to restore the rights, one is to claim to provide a written response to the indicated application explaining the refusal.
Appeal to the prosecution with the application for inspection of the employer to detect violations of labour laws.
One of the goals of the prosecution is to monitor compliance with the legislation on socio-economic (including labour) rights and freedoms. The prosecutor must conduct an inspection of the employer to detect violations of labour legislation and, in case of such violations, to take measures to eliminate violations of the law and bring the offender to responsibility. In addition, in some cases (advanced age of the employee, if the employee is not of legal age, illness, etc.) a prosecutor on request of the employee can represent their interests in court.
Appeal to the territorial division of the State Labour Inspectorate
This authority exercises state control and supervision over the observance of labour legislation by employers.
Appeal to the commission on labor disputes (if the company has such commission).
The commission is created in the enterprise where the number of employees is more than 15 persons. It should be noted that there is a definite dependence of commissioners on the employer, so this commission is less popular among employees. In addition, only court may consider some labour disputes (reinstatement, payment of enforced compensatory time-off, identifying reasons for dismissal, etc.).
Bring an action against the employer to court.
The employee has the right to apply directly to the court when their rights are violated. Appeal to other authorities (including commission on labor disputes) is not a mandatory step for the further appeal to judicial authorities, so in case of direct appeals to court to protect employee’s rights, the courts may not deny an employee to accept the application only on the grounds of lack of the resolution in a pre-trial dispute settlement.
The court shall hear the case within two months from the date of proceedings acceptance, and the case on reinstatement – within one month.
When bringing action to the court for the protection of labour rights, the employee do not pay court fees.
The legislation provides certain period for application on some labour disputes (for reinstatement – month after receiving the order of dismissal, for recovering of moral damages – three months from the period when emotional stress was caused, etc.).
To avoid violations of labor laws and to ensure timely application to the competent authorities for the protection of the labor rights and interests, lawyers of COLARES are always ready to provide you with consultation on resolving labor disputes and to represent your interests in courts and other competent authorities.