Law Firm ALTERNA’s attorney-at-law and partner Annika Vait explained in her recent legal blog post what should the petition to the Labour Dispute Committee include.
In practice it is quite usual that employees or employers need to turn to the court or Labour Dispute Committee to protect their rights. When turning to the Labour Dispute Committee, Section 26 of the Labour Dispute Resolution Act establishes certain elements that need to be included in the petition to the Labour Dispute Committee. Annika recommends to check if all the necessary the elements are included in the petition in order to prevent possible delays and obstacles.
The petition to Labour Dispute Committee should include inter alia the following elements:
– The jurisdiction of the labour dispute matter – reference where should the dispute be settled. For example, the working range and contacts of Labour Dispute Committees can be found here: http://www.ti.ee/est/toosuhted-toovaidlus/toovaidluste-lahendamine/toovaidluskomisjonide-kontaktid-ja-toopiirkonnad/;
– The contact details of the petitioner and the counterparty – the obligatory contact details are names of the parties, their personal identification codes or registry codes, residence or registered office and means of communication;
– The petitioner’s claim, and the amount of claim if the claim is monetary;
– The factual circumstances which are the basis for the claim and which are used to substantiate the claim;
– Evidence in proof of the factual circumstances which are the basis for the claim, and a specific reference to the facts which the petitioner wants to prove with each piece of evidence;
– Whether the party agrees to the conduct of written proceedings or wishes the matter to be heard in a session;
– If the parties have an agreement on the jurisdiction of the labour dispute matter, then a written confirmation about such agreement.
Annika notes that a petition form is also available on the home page of the Labour Inspectorate that is helpful when submitting the petition: http://www.ti.ee/est/toosuhted-toovaidlus/toovaidluste-lahendamine/avalduse-esitamine-toovaidluskomisjonile/.
See Annika’s guidance also on the web page of our good cooperation partner Addenda: https://www.addenda.ee/vandeadvokaat-annika-vait-kuidas-koostada-avaldust-toovaidluskomisjonile
Law Firm ALTERNA