Rules of strike in the enterprise. Strike in the workplace - the rights of participants, legal regulation, the procedure for conducting. General procedure for holding strike

The strike on the "Ford" exhaled. Work.ru found out what it is like to be used in Russia by law.

At the Vsevolzhsky Ford Plant, 2000 people make 72,000 cars per year. In February there was the first strike in a foreign enterprise in the new Russia. The strike is legal, but complex tool in operation to protect its rights. It is a pity, if you avoid it fails. Prepare carefully. At work.ru amounted to a brief catechism of an employment revolutionary.

Brazilian legs of the Russian strike

Perhaps it all started in the country of wild monkeys. In the summer of 2005, the current leader of the trade union Alexey visited the International Trade Union Conference in Brazil and was trained in the prooforization of Transnational Information Exchange. Acquaintance with advanced colleagues, boldly defending their rights, has not passed for a delegate for nothing.

In the fall of the same year, the leadership of the Vsevolozhsky "Ford" began problems with the trade union. "I helped Aleksey Etmanov to draw up a resolution, where we formulated the requirements for raising the salary, about its alignment," says Gennady Labor, Chairman of the Trade Union of Machine Builders of the Russian Federation. The leadership did not go to the negotiations - and in November 2005, the workers held an hourly warning strike. Completely their requirements - in particular, the increase in wages by 30% - the manual did not fulfill, and the in the spring workers began to strike again. In April 2006, the salary was still raised, but not by 30%, as the trade union wanted, and by 14.25-17.5%.

But on this strike epic on Ford, it was not over. On February 14 of this year, the workers were stopped by a conveyor. The main reason for the strike this time was the requirement to sign a collective agreement. Among his points is a refusal of labor on short-term contracts, recognition of the harmfulness of production and the guarantee of the provision of the workplace in case of receipt of professionalization in production.

Guide "Ford" is ready to go for some concessions, but the workers do not suit the compromise option. Negotiations between management and workers continue. The trade union considers the proposal of the administration, which was readiness to conclude a collective agreement from March 1. According to the press secretary of the Vsevolzh "Ford" Catherine Kulinenko, now the workshops are working as usual.

When you can arrange a strike

Strike - a legal way to "achieve mutual understanding" with the guidance that ignores the wishes of employees. According to (TC), the reason for the labor dispute can be the failure of salaries, the requirement to carry out the work unregulated in advance, non-corned working day, etc.

The right to strike as a way to resolve the collective labor dispute is enshrined in Article 37 of the Constitution of the Russian Federation. Locauta, or dismissal of workers participating in a collective labor dispute or in a strike is illegal (). On the contrary, management is obliged to provide a premises where the strikers could hold meetings, and does not have the right to abandon negotiations with them.

But the right to strike is not always valid. If her holding creates a threat to the life and health of people, the defense of the country and the security of the state, the strike is illegal (). True, unlikely to stop the production of "focus" threatens the lives of motorists. Workers "Ford" have the right to strike full.

How to organize a strike

Not one chapter is devoted to strikes in the labor code. Its main stages are as follows:

Put forward the employer requirements.
Wait for his answer. In case of refusal to satisfy the requirements, an employment dispute arises.
Organize a conciliation commission (representatives of the employer and employees).
If it was not possible to come to the agreement, the decision of the dispute continues with the participation of an intermediary and (or) in the labor arbitration (labor arbitration is created by the parties to a collective labor dispute and the service for the settlement of collective labor disputes).
If the result is still unsatisfactory, workers can declare a strike. The decision on the announcement of the strike is accepted at the General Meeting. The employer about the strike is reported for 10 calendar days.

The "advanced" striker, organizing a strike, takes into account the timing, procedures and requirements provided for, - otherwise the strike risks outlawed. For example, it is possible to decide on the strike only if at least half of the workers present at the meeting (or if there are more than half of the employees in support of the strike) voted for him. By the way, the strike on the "Ford" court recognized illegal, because the decision of the workers accepted not at the general meeting, but voting shifted. Workers say that for the meeting, the manual did not provide them with the room.

But the "illegal" strike "Ford" took place. According to Elena Gerasimova, the workers had 10 days laid under the law, during which the court decision could be (and it was) in the Supreme Court of Russia, and the strike could not be considered illegal until the Supreme Court decision. (Illegal strike, according to the law, you can dismiss.)

How to "pay off" strike

In the spring of 2006, Ford's workers used "in Italian" (worked strictly "normally", provided for by the employment contract, ignoring overtime). To prevent reduction in production, the plant administration tried, hiring 200 surcharges. So prudent guide "redeemed" strike. Alexey Etmonov, in an interview with the Russian courier newspaper, he noted that in Brazil, "despite unemployment", "freelance workers do not pack strikers, because they have solidarity - this is not an empty sound."

According to official strike statistics in Russia are single. In 2017, Rosstat recorded only one, in 2013-2016 - from two to five per year. Any employer with such statistical data will not really worry about the risk of strike at the enterprise. And the smaller the enterprise, the less like that risk. Nevertheless, it is not only important not only to correctly assess the risk of strike workers, but also in advance to have at least a general idea of \u200b\u200bthe possible actions of the employer in such a situation, as well as the purpose and means of solving the problem arising with the team.

What is a strike

The right to strike is implemented in the manner prescribed by Chapter 61 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

Do not underestimate the consequences of the strike. In fact, any strike is a breakdown of plans, tasks, production volumes. All this in any case has exclusively negative consequences for the employer.

But not any strike is legitimate.

What strike can be recognized legal

The court recognizes the strike legitimate if employees were correctly organized. Consider more details of the preparation and ads of the strike.

Stage 1. Conciliation procedures (Art. 401 of the Labor Code of the Russian Federation). This is a mandatory stage.

Stage 2. Development of requirements and approval of them at the relevant meeting (conference) of employees (part 2 of Art. 399 Tk RF).

The right to nominate the requirements (part 1 of Art. 399 of the Labor Code of the Russian Federation) possess employees and their representatives defined in accordance with Art. 29-31 and part 5 tbsp. 40 TC RF.

Be sure to have a quorum at a meeting on which the requirements are approved - more than half of the working, for the conference - at least two thirds of the elected delegates.

If the desired quorum is not - the meeting is unparalleled!

If you are impossible to hold a meeting (convening a conference) of workers, the representative body of workers has the right to approve its decision, collecting signatures of more than half of the workers in support of the requirements put forward by him (part 3 of Article 399 of the Labor Code of the Russian Federation).

Stage 3. Presentation of the requirements in writing.

In solving the announcement of the strike, you must specify:

The list of disagreements of the parties of the collective dispute, which are the basis for the announcement and the strike;

Date and time to start a strike;

Alleged number of participants;

Name of the body heading the strike;

The composition of representatives of employees authorized to participate in the conciliation procedures;

Proposals to minimize the necessary work (services) performed during the strike by employees of the organization (branch, representation or other separate structural division), an individual entrepreneur.

Stage 4. Consider the employer's requirements.

This right has a representative body of workers (part 1 of Art. 410 of the Labor Code of the Russian Federation), previously authorized by employees to resolve the collective labor dispute.

If the labor team missed any of these stages of approving the requirements and notice of the upcoming strike, the employer will be able to challenge it in court.

How to recognize the strike illegal

Most often the first thing that comes to the end of the employer who has received a notice of the upcoming strike: can I somehow stop the strike? Yes, such an opportunity is: if the court recognizes the strike illegal.

Based on Art. 413 TC RF

In accordance with Art. 55 Constitution of the Russian Federation illegally strike:

In all organizations in special conditions (military or emergency);

In the bodies and organizations of the Armed Forces of the Russian Federation, other military, militant and other formations, law enforcement agencies;

Organizations (branches, representative offices or other separate structural units), directly:

Resources to ensure the development of the country's defense, state security, rescue, search and rescue, fire fighting, prevent or eliminate natural disasters and emergency situations;

Serving especially hazardous types of industries or equipment, at ambulance stations and emergency medical care;

Associated with the provision of vital activity of the population (energy supply, heating and heat supply, water supply, gas supply, aviation, railway and water transport, communications, hospitals), in the event that strikes create a threat to the defense of the country and security of the state, life and health of people.

One of the legitimate ways to resolve the dispute between the employer and subordinates is the strike of workers. It is resorted if other measures of impact are ineffective. So that she admitted legitimate and was effective, the norms defined by the Labor Code should be followed.

Labor dispute - definition, classification and settlement methods

Under the labor dispute means inconsistency in opinions, which arose between the employer or its representatives and subordinates (s) regarding the building of the working relations requiring permission.

Distinguish the following labor disputes:

concerning the use of labor standards
adjustments or Support of Labor Conditions
recognition of the violated second party right
material and moral compensation

They are allowed using conciliation procedures - by considering their conciliation commission (Art. 402 of the TC). If this does not give results, the intermediary is connected (Art. 403) or employment arbitration (Art. 404). In addition, it is possible to organize regular units of strike. The right to it is guaranteed by Art. 37 constitutions.

Concept and types of strikes

Art. 398 TC Strikes is defined as a temporary voluntary full or partial refusal of regular units from the execution of labor duties imputed to them in order to search for consensus with a collective dispute.

It is divided into ordinary and warning. The second, in contrast to the usual, can be announced once directly during the implementation of the conciliation procedures (after the 4th day of operation of the Prison Commission). An employer is informed about this in writing for 3 working days.

Its conduct implies the fulfillment of the minimum of the necessary work (services) provided for by the relevant sectoral lists.

Decree of the Government of the Russian Federation of December 17, 2002 No. 901 imposes obligations to develop and approve such lists to industry federal executive bodies.

Situations when strike in the workplace is legitimate

According to Art. 409 TC, strike is justified and legitimate if:

The employer ignores participation in the conciliation procedures or they turned out to be no result;
The provisions of the agreements reached are ignored or the decision of the employment arbitration is not fulfilled.

Situations when strike is wrong

Organization of strike and participation in it, according to Art. 412-413, illegal:

with emergency or military position;
during emergencies;
in law enforcement agencies;
in subjects with particularly dangerous equipment and production;
in subjects responsible for the defense capability and security of the state;
in organizations that ensure the vital activity of Russians.

From the foregoing it follows that the working people in such organizations should elect other legitimate ways to settle the working disputes.

Announcement and holding, as well as suspension of strike

According to Art. 410 TC, the decision on the announcement of the strike should be taken by the meeting (conference) of the working team of the business entity. The initiator of using a similar measure can be both subordinates and the trade union (or their association). In the second case, the decision is made collectively without the implementation of conciliation procedures.

There are no rights to the organization and participation in the strike at the employer and its representatives.

Have legal force:

meetings whose participation took 50% of all regular units;
conferences, gathered two thirds of delegates.

Employer:

can not impede them;
must assist in their organization.

The decision is made in the case of support for 50% and more present on the collection. If this is not possible, the representative body is organized by collecting signatures among the team members in support of the strike and the decision is approved if more than 50% of employees have signed.

An employer for 7 working days in writing warn about the upcoming strike. In this document:

In the absence of the last point, the strike can be considered illegal.

Starting should begin before the expiration of a two-month period from the date of decision to declare (Article 410).

An employer after receiving the document and familiarization with him notify about the situation of government agencies to resolve collective labor conflicts.

At the head of the strike is a representative body of a collective, which has the right:

convene assembly (conference);
interact with the employer to obtain information relating to the interests of employees;
attract third parties to assist in making conclusions;
suspend strike.

You can resume suspended strike without contacting the conciliation commission or arbitration. To do this, notice the employer and the corresponding state agency three days before the renewal date (Art. 411).

In addition to him, in the event of a threat to government interests, as well as the life and health of citizens, suspend the strike can:

The Government of the Russian Federation before the submission of a judicial verdict, but not longer than 10 calendar days;
Judicial instance - for up to 30 days.

The strike may be completed as a result:

expiration of the term declared by the meeting (conference);
drawing up and visiting the parties to the settlement agreement;
accepting the leading authority to the authority;
recognition of its illegal. Such a solution is made by the courts of various levels on the prosecutor's application or employers' appeals, and is broadcast through the chief body. In this case, the team is obliged to return to his duties for the next after the presentation of the day a copy of the day.

Guarantees to the participants of the legitimate strike

Participation in the strike is extremely voluntary. Forcing him or to yield from it, as well as dismissal for this reason or imputation of the violation of the discipline of labor, if the strike is recognized as a court of lawful, illegal (Article 414 of the TC), and the forcingous subjects threaten disciplinary and administrative responsibility.

In addition, these guarantees are laid:

preservation of the workplace and position for them, but without paying for employment, except those subordinates that implement the agreed working minimum;
compensatory payments, if they are installed by a callers or a decorated agreement;
locut protection (Art. 415).

Employees who are not considered participants in strike are entitled to count on:

compensation of downtime is not in its fault after submitting the appropriate statement (Article 157 of the TC);
other compensation payments, if specified by the callers and other VNA;
internal translation (art. 74);

Responsibility of the parties for the violations allowed during the organization and conduct

To offenders, both on the part of the employer and on the part of the working team apply certain sanctions:

Employees of the law guarantees the right to strike, that is, a temporary voluntary refusal to execute labor duties (part 4 of Art. 37 of the Constitution of the Russian Federation, para. 13 h. The first Art. 21, h. Fourth of Art. 398 Tk RF). The strike is one of the ways to resolve the collective labor dispute (h. The first Art. 409 of the Labor Code of the Russian Federation). That is, the reason for the strike can be unresolved disagreements between employees and employers on issues:
- establishment and change in working conditions;
- conclusions, changes and fulfillment of collective agreements;
- the refusal of the employer to take into account the opinion of the election representative body of workers when making local regulations.
Thus, the collective dispute is always associated with public disagreements, discussion, establishing or changing any rules (the appellate definition of the Supreme Court of the Russian Federation of May 25, 2015 No. 3-UPG15-2). This is different from an individual labor dispute, which arises in violation of the rights of individual workers and implies the application of already established norms.

The object of the strike cannot be the requirements that are connected exclusively with. Such disagreements are permitted by the court when considering an individual labor dispute (the definition of the Supreme Court of the Russian Federation of May 14, 2010 No. 44-G10-17).
Suspending work in connection with the non-payment of wages for more than 15 days under Article 142 of the Labor Code of the Russian Federation is not a strike. This is a form of self-defense by employees of their rights (Art. 142, para. 2 h. The second Art. 352 of the Labor Code of the Russian Federation).

Events preceding strike

Employee strikes are preceded by certain activities. If employees violate the requirements that the law presents to one of the stages, the employer may require recognize the strike illegal.

Nomination of requirements

The collective labor dispute begins with the fact that employees and their representatives put forward their demands, approve them at a meeting or conference, are fixed in writing and send to the employer. Such a meeting will be eligible if more than half of the works are present on it, and the conference is there if it has at least two thirds of the elected delegates. If you cannot hold a meeting or conference, then the trade union organization may approve its decision, having collected more than half of the employees' signatures in their favor (Part 3 of Art. 399 Tk RF).

Consideration of requirements

The employer should consider the requirements of employees and make a decision on them. He has two working days on it. The decision must be issued in writing and send to the relevant representative body of employees. If the employer does not agree with the requirements of employees or does not inform them about their decision, a collective work dispute arises.

Conciliation procedures

The presence of a collective dispute does not allow employees of the right to immediately start the strike. This is an extreme measure of exposure to the employer. It is necessary to try to resolve the dispute with the participation of the conciliation commission, an intermediary or employment arbitration.
The Prison Commission consists of an equal number of representatives from the same side. The decision to create a conciliation commission, the employer issues an order, and a representative of employees is a decision. Third parties or third-party organizations do not turn on there. The Commission may make a decision, and may not reach the consent. In this case, the parties must move to negotiations on the invitation of the mediator or the transfer of the dispute into labor arbitration. However, these negotiations are not always effective. It happens that employees or employer shy away from participation in each procedure. This is the basis for the sequential transition to the next stage. If, as a result, the dispute did not consider even labor arbitration, it is believed that the conciliation procedures did not lead to the solution of disagreements. In the given situation, the court most likely recognizes the strike illegal, since it was announced without conciliatory procedures (defining the Supreme Court of the Russian Federation of September 7, 2012 No. 83-UPG12-5).

Procedure for making a strike

Employees can make such a decision in cases where:
- the conciliation procedures did not lead to the solution of a collective labor dispute;
- the employer does not comply with the agreements that are achieved by the parties during the dispute resolution;
- The employer does not fulfill the solution of employment arbitration.
The decision to conduct a strike is taken by at least half of employees at a meeting or conference. As for the quorum, there are the same rules here as for approval of requirements. At the meeting, the presence of more than half of the total number of employees is required, and at a conference - at least two thirds of the delegates. If the quorum is not observed, then the decision on the strike is illegally (defining the Supreme Court of the Russian Federation of March 2, 2012 No. 66-g12-2).

If you cannot hold a meeting or conference, the trade union can approve the decision by collecting more than half of the signatures of workers in support of the strike. The absence of the required number of signatures also serves as a basis for recognizing the strike illegal (definition of the Supreme Court of the Russian Federation of March 28, 2014 No. 33-UPG14-3).

The role of the representative body of workers

His role is that he puts forward a proposal to hold a strike. To declare a strike on my own he is not entitled. However, this requirement is often violated by representatives of employees.

Strike warning

A warning about a strike must be clothed in writing. In practice, the document is drawn up in the form of a decision on a strike or protocol of the General Assembly or the conference of employees, on which this decision was made. The employer usually guides a copy of the solution or protocol. The copy should be sent no later than five working days before the start of the strike. Violation of this period leads to the recognition of its illegal.
The employer who received a copy of the decision or protocol must check in it the presence of mandatory information. If some of them is absent, the court recognizes the strike illegal (OVS of the Russian Federation of July 2, 2004 No. 43-G04-21).

Employer actions upon receipt of a strike warning

Having received a warning about the strike, the employer must inform about it in the appropriate state authority. Depending on the type of collective dispute, this may be the state inspection of the region or the executive body of the subject of the Russian Federation (Committee on Labor, Ministry of Labor, etc.).
Then you need to explore the protocol or decision on the announcement of the strike and check the timing. Employees cannot start a strike later than two months from the date of decision to hold.

Further, the employer should be requested to request documents that will confirm the fact of the general meeting or conference of employees and will allow checking the compliance of the quorum and the powers of the meeting participants. Although the representative body of workers is not obliged to direct such documents, it is worth trying. Often, those who are not employees of the Organization are attracted to decision making, they do not specify the purpose of collecting signatures, do not put their decoding or initials. This does not make it possible to understand who exactly and for the adoption of which decision voted (the definition of the Supreme Court of the Russian Federation of September 7, 2012 No. 83-UPG12-5).

In addition, attention should be paid to ensuring the minimum of the necessary work during the strike period. It is obligatory in cases where the organization's activities are related to the safety of people, ensuring their health and vital interests. Each industry has its own list of minimum necessary work. If employees do not agree or do not fulfill the requirement of minimal work, when it is necessary, the court may suspend the strike (part 8 of Art. 412 of the Labor Code of the Russian Federation).

Beast employees should keep the employer and position. Salary for this period he has the right not to pay, except for payment for work, performed within the framework of the mandatory minimum of work.
You also need to remember the cases when the strike is not allowed. If the employer sees that the strike is illegal, declared in violation of the deadlines and procedures, it has the right to appeal it to the Supreme Court of the Republic, the regional, regional, the city of the city of federal significance, the Autonomous Region and the Autonomous Okrug.

Can I punish strikeing workers

Participation in the strike is not a violation of labor discipline (part 1st. 414 of the Labor Code of the Russian Federation). For this, employees cannot be attracted to disciprinar responsibility, and even more woeful. The exception is the situation when the court recognized the strike illegal and obliged to terminate it. In this case, employees should start work no later than the next day after receiving a copy of the court decision that entered into force. If they do not comply with this duty, they can be attracted to disciplinary responsibility.

Thus, the main points at strike workers are as follows:
1. The reason for the strike can be collective disagreements between employees and an employer, for example, on the issues of changing the wage system and bonuses, working conditions, etc.
2. Having received a written warning about the strike, the employer must notify the labor inspection and the state body of its region. If there are doubts about the legality of the strike, you can go to court.
3. In the period of the employee strike, it is impossible to fire or attract disciplinary responsibility. The exception is the case of non-fulfillment of the obligation to stop the strike by the court decision. Proposals to minimize the necessary work for the period of the strike

There are no similar articles yet.

Article 409. The right to strike

In accordance with Article 37 of the Constitution of the Russian Federation, the right is entitled

workers on strike as a way to resolve a collective dispute.

If the conciliation procedures did not led to the resolution of collective labor

dispute or employer (his representatives) or representatives of employers evade

from participation in the conciliation procedures, do not fulfill the agreement achieved during

resolution of a collective labor dispute, or do not fulfill the solution of employment arbitration,

having a mandatory force for the parties, then employees or their representatives are entitled

proceed to the organization of strike, except in cases when according to parts

first and second article 413 of this Code in order to resolve collective labor

a dispute strike cannot be carried out.

(Part Two as amended by Federal Law of 30.06.2006 N 90-FZ)

Participation in the strike is voluntary. No one can be forced to participate

or failure to participate in the strike.

Persons forcing workers to participate or refuse to participate in the strike carry

disciplinary, administrative, criminal liability in the manner prescribed

this Code, other federal laws.

Representatives of the employer are not entitled to organize a strike and take it

Article 410. Announcement of a strike

The decision on the announcement of the strike is made by the meeting (conference) of employees

organizations (branch, representation or other separate structural

divisions), an individual entrepreneur at the proposal of representative

body of workers who were previously authorized to resolve collective labor

The decision to participate employees of this employer in a strike announced

professional Union (association of trade unions) is accepted

meeting (conference) of employees of this employer without reconciliation

procedures.

The collection of employees of this employer is considered to be eligible if on it

there are at least half of the total number of employees. Conference of employees

this employer is considered to be eligible if no less than two thirds are present on it.

conference delegates.

The employer is obliged to provide the premises and create the necessary conditions for

holding a meeting (conference) of employees and has no right to interfere with it (it)

conduct.

The decision is considered adopted if no less than half has voted for it

workers present at the meeting (conference). If it is impossible

meetings (convening conference) employees representative body of workers has the right

approve your decision, collecting signatures more than half of employees in support

strike.

After five calendar days of operation of the conciliatory commission may be once

an hourly warning strike is announced, which employer should be

warned in writing no later than three working days.

When conducting a warning strike, an organ, which is heading, provides

the minimum of the necessary work (services) in accordance with this Code.

About the beginning of the upcoming strike the employer must be warned in

writing no later than ten calendar days.

The decision on the declaration of strike indicates:

the list of disagreements of the side of the collective dispute, which are the basis

for announcement and holding a strike;

the date and time of the start of the strike, its estimated duration and

the estimated number of participants. At the same time, the strike can not be started later.

two months from the date of decision to declare a strike;

the name of the body heading the strike, the composition of representatives of workers,

commissioners for participation in conciliation procedures;

proposals to minimize the necessary work (services) performed during the period

holding strike employees organization (branch, representation or other

a separate structural unit), an individual entrepreneur.

The employer warns of the upcoming strike the appropriate

state body to resolve collective labor disputes.

In the case when the strike was not begun on time defined by the decision on

announcement of a strike, further resolution of a collective dispute

it is carried out in the manner established by Article 401 of this Code.

Article 411. Body heading

The strike is headed by a representative body of workers. Organ leading

strike, has the right to convene meetings (conferences) of employees, receive from

employer information on issues affecting the interests of employees, attract

specialists to prepare conclusions on controversial issues.

The body heading the strike has the right to suspend the strike. For

the resumption of the strike does not require a re-consideration of the dispute to the conciliatory

commission or labor arbitration. Employer and appropriate state

collective labor dispute resolution authority should be warned about

resume strike no later than three working days.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 412. Responsibilities of the Parties to the Collective Labor dispute during strike

In the period of the strike, the side of the collective labor dispute is obliged

continue resolving this dispute by conducting conciliation procedures.

Employer, executive authorities, local governments and body,

heading strikes are obliged to adopt measures depend on them to ensure in the period

public order strikes, the safety of the employer and employees, and

also, the works of machinery and equipment, the stop of which represents the immediate

threat to the life and health of people.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

List of minimum necessary work (services) performed during the period

strike employees of organizations (branches, representative offices or other separate

structural units), individual entrepreneurs whose activities

related to the safety of people, ensuring their health and vital interests

societies, in each industry (sub-sectors) of the economy is developed and approved

the federal executive authority to which coordination is entrusted and

regulation of activities in the relevant industry (sub-sector) of the economy,

coordination with the relevant All-Russian Professional Union. When,

if several all-Russian economies are operating in the industry (sub-sectors)

professional unions, the list of the minimum of the necessary work (services) is approved by

coordination with all the sectors in the industry (subways) of the All-Russian economy

professional unions. The procedure for developing and approving a list of a minimum

the necessary work (services) is determined by the Government of the Russian Federation.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The executive authority of the subject of the Russian Federation on the basis of lists

minimum required work (services) developed and approved by the relevant

federal executive bodies, develops and approves

coordination with relevant territorial associations of organizations

professional unions (associations of trade unions) Regional lists

minimum necessary work (services) specifying the content and determining

the procedure for applying federal sectoral lists of a minimum of necessary work (services)

on the territory of the relevant subject of the Russian Federation.

Minimum necessary work (services) performed during the strike

employees of the organization (branch, representation or other separate structural

divisions), individual entrepreneur, is determined by agreement of the parties

collective labor dispute in conjunction with local governance based on

list of a minimum of necessary work (services) within five days from the date of decision

about the announcement of the strike. Inclusion of the type of work (services) in minimum necessary work

(services) must be motivated by the likelihood of harm to health or threat

life of citizens. Minimum necessary works (services) can not be included

(services) not provided for by the relevant lists of the minimum of necessary work

(as amended by Federal Law of 30.06.2006 N 90-FZ)

In case of failure to agree, the minimum of the necessary work (services) is established

the executive authority of the constituent entity of the Russian Federation.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Solving the specified authority establishing the minimum of necessary work (services),

it may be appealed by the parties to a collective labor dispute to court.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

When you've been not possible, the minimum of the necessary work (services) strike may be

recognized illegal.

Article 413. Illegal strikes

In accordance with Article 55 of the Constitution of the Russian Federation are illegal

and strikes are not allowed:

a) during the periods of introducing military or emergency or special measures in

accordance with the legislation on state of emergency; in organs and organizations

Armed Forces of the Russian Federation, other military, militarized and other

formations, organizations (branches, representative offices or other separate

structural divisions) directly by defense issues

countries, security of the state, rescue, search and rescue,

fire prevention, prevention or elimination of natural disasters and emergency

situations; in law enforcement; in organizations (branches, offices or

other separate structural units) directly serving

hazardous types of industries or equipment, at ambulance stations and emergency medical

(as amended by Federal Law of 30.06.2006 N 90-FZ)

b) in organizations (branches, representative offices or other separate structural

divisions) directly related to ensuring the life of the population

(energy supply, heating and heat supply, water supply, gas supply,

aviation, railway and water transport, communication, hospitals), in the event that

stakeholders Creates a threat to the defense of the country and security of the state, life and

health of people.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The right to strike may be limited by federal law.

Strike in the presence of a collective work dispute is illegal if it

was declared excluding deadlines, procedures and requirements provided for in this

Code.

The decision to recognize the strike illegal is accepted by the republic's Supreme Courts,

regional, regional courts, courts of cities of federal significance, autonomous courts

areas and autonomous districts at the request of the employer or prosecutor.

The court decision is brought to the attention of workers through the body heading

strike that is obliged to immediately inform participants in the decision on the decision

The decision of the court on the recognition of a strike illegal, which has entered into legal force is subject to

immediate execution. Employees are required to stop the strike and proceed to work not

later the next day after presenting a copy of the specified court decision to the authority

heading strike.

In case of creating a direct threat of life and health of people, the court has the right

understanding strike to postpone up to 30 days, and began to suspend on that

In cases of particular importance to ensure vital interests

Of the Russian Federation or its individual territories, the Government of the Russian Federation

has the right to suspend the strike to resolve the issue with the relevant court, but not more than

than ten calendar days.

Part of the ninth lost strength. - Federal Law of 30.06.2006 N 90-FZ.

Article 414. Guarantees and legal status of employees in connection with

strike

The participation of the employee in the strike can not be considered as a violation

labor discipline and grounds for termination of the employment contract, except

cases of non-fulfillment of the obligation to stop the strike in accordance with part of the sixth

articles 413 of this Code.

It is forbidden to apply to workers involved in the strike, disciplinary measures

responsibility, with the exception of cases provided for by part of the sixth article 413

of this Code.

At the time of the strike following the employees participating in it, the place of work is preserved and

position.

The employer has the right not to pay employees wages during their

participation in the strike, with the exception of employees engaged in compulsory

minimum work (services).

resolution of collective labor dispute, compensation may be provided

payments to employees participating in the strike.

Workers who are not involved in the strike, but in connection with its conduct that did not have

opportunities to perform their work and declared in writing about the beginning in connection with this

downtime, payment of idle no about the fault of the employee is performed in the order and sizes that

provided by this Code. The employer has the right to translate the specified

employees to another work in the manner provided for by this Code.

Collective agreement, agreement or agreements achieved during

resolutions of a collective labor dispute may be provided more preferential

the procedure for payments to workers who are not involved in a strike than provided by hereby

Code.

In the process of resolving a collective labor dispute, including

strikes, prohibited locaut - dismissal of employees at the initiative of the employer in connection

with their participation in the collective labor dispute or in the strike.

Article 416. Responsibility for avoiding participation in conciliation procedures,

failure to comply with the agreement achieved as a result of the conciliation procedure,

failure or refusal to execute labor arbitration

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Representatives of the employer, evading receiving the requirements of workers and

participation in conciliation procedures, including non-premises for

holding a meeting (conference) on the promotion of requirements, announcement of a strike or

preventing it (its) conduct, are involved in disciplinary responsibility in

accordance with this Code or administrative responsibility in the manner

which is established by the legislation of the Russian Federation on administrative

offenses.

Representatives of the employer and employees, those responsible for the failure to fulfill obligations

agreement made as a result of the conciliation procedure, as well as those perpetrators in

failure or refusing to execute the decision of labor arbitration,

are attracted to administrative responsibility in the manner established

the legislation of the Russian Federation on Administrative Offenses.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 417. Responsibility of employees for illegal strikes

Workers who started holding a strike or who did not stop it on

the next business day after bringing to the authority heading the strike,

entered into legal decision of the court to recognize the strike illegal or

delay or on the suspension of the strike, can be subjected to disciplinary recovery

for violation of labor discipline.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Representative body of workers who announced and did not stop the strike after

recognition of its illegal, must compensate the losses caused to the employer illegal

strike, at the expense of its funds in the amount determined by the court.

Article 418. Maintaining documentation in resolving a collective labor dispute

The actions of the parties to the collective dispute, agreements and decisions taken in

communication with the resolution of this dispute is issued by protocols by representatives of the parties

collective dispute, conciliatory bodies, heading

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