1. Who has jurisdiction to consider labor disputes in Russia?
Individual labor disputes can be considered by commissions for labor disputes or by a court. Any individual labor dispute may be taken to a commission for labor disputes and to a court (except for those disputes that may be considered only by a court).
2. What is the limitation term to bring a labor related claim to court?
Article 392 of the Labor Code provides for a three-month statutory limitation term for labor disputes (except for some particular types of disputes) from the date when an employee knew or should have known about a violation of his/her rights.
In the event of dismissal, the term is one month from the date of issuance of a copy of the dismissal order or the labor book.
3. Is it possible to appeal against a first instance decision or further appeal?
Yes. The decision of a court of first instance can be appealed before a court of appeal.
After the court of appeal issues the decision, this decision enters into legal force but can still be appealed by any party to the court of cassation within six months. The courts of cassation in Russia have a two-tier system: a party may file one appeal to one court division, and then (if the first attempt is unsuccessful) a second cassation appeal to another court division. The first cassation appeal could be filed with the Presidium of the Regional Court. The second cassation appeal could be filed with the Civil Penal of the RF Supreme Court.
Court practice concerning labor disputes predominantly inclines toward defending the interests of employees.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
