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Article 387. The procedure of processing of an individual labor dispute in the labor dispute commission






Employee's appeal, submitted to the labor dispute commission is subject to obligatory registration by the said commission.

Labor dispute commission must process an individual labor dispute in ten calendar days since the submission of an appeal by an employee.

The dispute is processed in the presence of the employee, who submitted an appeal, or his authorized representative. Processing of a dispute in the absence of an employee or his representative is permitted only by his written consent. If an employee or his representative fail to appear before the commission, the processing of the labor dispute is postponed. If an employee or his representative fail to appear before the commission for the second time with no considerate reasons, the commission may cancel the processing at all, which fact does not deprive an employee of the right to appeal to the commission for the second time within the period, set by this Code.

Labor dispute commission has the right to summon witnesses and invite experts. On demand of the commission the head of an organization must provide the commission with all necessary documents in the period set.

Proceeding of the commission is considered legally competent if not less than a half of its members, representing employees and not less than a half of its members, representing an employer is present.

Proceedings of labor dispute commission are entered on the records, signed by the chairman of the commission or his deputy and stamped by the seal of the commission.

Article 388. Procedures for issue of a decision by the industrial disputes commission and the subject thereof

The Industrial Disputes Commission shall make a decision by secret ballot with a majority of votes being present at the meeting of members of the Commission.

The decision of the Industrial Disputes Commission shall include:

name of organization (subdivision), full name, title, profession or specialty of the employee who referred to the Commission;

dates of referring to the Commission and complaint hearing, the subject of a dispute;

full names of members of the Commission and other persons appeared at the meeting;

the subject of a decision and the grounds thereof (with reference to Law or any other Standard Act);

the ballot results.

Duly notarized copies of the decision of the Industrial Disputes Commission shall be given to employee and manager within three days of the decision.


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