The terms of applying to the commission on labor disputes and to the court for the resolution of individual labor disputes are analyzed and the legal nature of these terms as the statute of limitations is noted. The conclusion is justified that it is unjustified to provide in the Labor Code of the Russian Federation an exhaustive list of valid reasons for missing the terms of treatment due to the variety of life situations. It is established that one of the valid reasons for the late filing of a claim against the employer may be the fear of the employee of the occurrence of negative consequences in the service. It is argued that while the employee is working, the legal relationship for unpaid wages is of a continuing nature, and does not fall under the term for applying to the court. The conclusion is made about the validity of the establishment of a special time limit for applying to the court in cases of compensation for non-pecuniary damage to an employee by the employer.

terms of appeal to the court, the statute of limitations, valid reasons for missing deadlines, restoration of the term, compensation for moral damage

Komkov Sergey Aleksandrovich – Candidate of Juridical Sciences, Associate Professor of thе Department of Civil Law, Law Institute, Irkutsk State University (1, K. Marx st., Irkutsk, 664003, Russian Federation), e-mail: misterkomkov@mail.ru

Komkov S.A. Iskovaya davnost' v trudovom prave (teoriya i praktika pravoprimeneniya) [Statute of Limitations in Labor Law (Theory and Practice of Law Enforcement)] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2021, no 2(93), pp. 37–41. DOI 10.26516/2071-8136.2021.2.37. (in Russian).

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