☰ Contents · State and law

Labour disputes and how they are resolved

Lessons 26 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
26

Labour disputes and how they are resolved

Textbook: pp. 129–132
GoalExplain the kinds of labour disputes, the bodies that consider them and the ways of protecting an employee’s rights.
New words
labour dispute · mehnat nizosiindividual labour dispute · yakka mehnat nizosicollective labour dispute · jamoaviy mehnat nizosiconciliation commission · kelishuv komissiyasi
Explanation

A labour dispute is a disagreement between employee and employer on issues such as working conditions, pay, dismissal or a disciplinary penalty. It may be individual (with one employee) or collective (with a group of employees). First an attempt is made to settle it by negotiation. An individual labour dispute is considered by the labour disputes commission set up at the workplace (if there is one) or by a court; the employee may also go directly to court in the manner set by law, and if the employee disagrees with the commission’s decision, the case is heard in court; an employee who was dismissed unlawfully may be reinstated, receive the pay lost through forced absence and have the harm compensated. Time limits for going to court are set by law and are short, especially in dismissal disputes, so it matters not to delay. In labour disputes the employee is exempt from state duty. For collective disputes the procedure includes conciliation, labour arbitration and, in cases the law allows, a strike. An employee’s rights are protected by the trade union, the state labour inspectorate, the prosecutor’s office and the court. A minor employee may protect rights together with a parent or representative.

Worked examples
Bahrom was dismissed without written warning and without a ground. He first talks to the employer, and if there is no result applies to court in writing; if the court finds the dismissal unlawful, Bahrom may be reinstated and receive the lost pay.
Many factory workers are dissatisfied with the pay system. This is a collective dispute: they choose representatives, go through negotiation and conciliation and, if it is unresolved, a strike may become possible as a measure allowed by law, but only in the lawful procedure.
Class activity

Role-play “Labour dispute”: employee, employer, trade-union representative and judge. The dispute is an unlawful dismissal (invented names). The class goes through negotiation, writing an application and the court stages in order.

Practice
1
What is the difference between an individual and a collective labour dispute?
2
What may an unlawfully dismissed employee demand?
3
Which bodies protect an employee’s rights?
4
Why should one not delay going to court beyond the time limit?