Strike rules at the enterprise. Strike at the workplace - the rights of participants, legal regulation, the procedure for conducting. General procedure for conducting a strike

The strike at the Ford ran out of steam. Rabota.ru found out what it's like to strike in Russia according to the law.

At the Vsevolzhsky Ford plant, 2,000 people make 72,000 cars a year. In February, the first new Russia strike at a foreign enterprise. A strike is a legal, but difficult-to-use tool for protecting one's rights. Too bad it can't be avoided. Prepare well. Rabota.ru compiled a short catechism of a labor revolutionary.

Brazilian legs of the Russian strike

Perhaps it all started in the country of wild monkeys. In the summer of 2005, the current trade union leader, Alexei, attended an international trade union conference in Brazil and was trained by the trade union organization Transnational Information Exchanging. Acquaintance with advanced colleagues, boldly defending their rights, was not in vain for the delegate.

In the autumn of the same year, the leadership of the Vsevolozhsk "Ford" began to have problems with the trade union. “I helped Aleksey Etmanov draw up a resolution where we formulated demands for a salary increase, for its equalization,” says Gennady Trudov, chairman of the Trade Union of Mechanical Engineers of the Russian Federation. The management did not agree to negotiations - and in November 2005, the workers held an hour-long warning strike. The management did not fully comply with their demands - in particular, for a 30% increase in wages, and in the spring the workers went on strike again. In April 2006, their wages were nevertheless raised, but not by 30%, as the trade union wanted, but by 14.25-17.5%.

But the strike epic at the Ford did not end there. On February 14 this year, the workers stopped the conveyor for a day. The main reason for the strike this time was the demand to sign a collective agreement. Among its points are the rejection of work on short-term contracts, the recognition of the harmfulness of production and the guarantee of the provision of a job in the event of an occupational disease at work.

Ford's management is ready to make some concessions, but the workers are not satisfied with the compromise. Negotiations between management and workers are ongoing. The trade union is considering the proposal of the administration, which expressed its readiness to conclude a collective agreement from March 1. According to Ekaterina Kulinenko, press secretary of the Vsevolzhsky Ford, now the plant's workers are working as usual.

When to go on strike

A strike is a legal way to “reach understanding” with management that ignores the wishes of employees. According to (TK), the cause of a labor dispute may be non-payment of wages, a requirement to perform work not agreed in advance, irregular working hours, etc.

The right to strike as a way to resolve a collective labor dispute is enshrined in Article 37 of the Constitution of the Russian Federation. Lockout, or dismissal of workers involved in a collective labor dispute or on strike - illegal (). On the contrary, the leadership is obliged to provide premises where the strikers could hold meetings, and has no right to refuse to negotiate with them.

But the right to strike does not always work. If its implementation poses a threat to the life and health of people, the defense of the country and the security of the state, then the strike is illegal (). True, it is unlikely that the stoppage of the production of "Focuses" threatens the lives of motorists. Ford workers have the right to strike in full.

How to organize a strike

More than one chapter is devoted to strikes in the Labor Code. Its main steps are:

Make demands on the employer.
Wait for his answer. In case of refusal to satisfy the requirements, a labor dispute arises.
Organize a conciliation commission (representatives of the employer and employees).
If it was not possible to reach an agreement, the dispute is resolved with the participation of a mediator and (or) in labor arbitration (labor arbitration is created by the parties to a collective labor dispute and the Service for Settlement of Collective Labor Disputes).
If the result is still unsatisfactory, the workers may go on strike. The decision to declare a strike is taken at the general meeting. The employer is notified of the strike 10 calendar days.

An "advanced" striker, organizing a strike, takes into account the deadlines, procedures and requirements provided for - otherwise the strike risks being outlawed. For example, a decision to strike can only be made if at least half of the employees present at the meeting voted for it (or if there are signatures of more than half of the employees in support of the strike). By the way, the court declared the strike at the Ford illegal, because the decision was made by the workers not at a general meeting, but by voting in shifts. Workers say management did not provide them with a venue for the meeting.

But Ford's "illegal" strike took place. According to Elena Gerasimova, the workers had 10 days, required by law, during which the court decision could (and was) challenged in the Supreme Court of Russia, and the strike cannot be considered illegal until there is a decision of the Supreme Court. (An illegal striker can, by law, be fired.)

How to "pay off" a strike

In the spring of 2006, Ford workers went on strike "in Italian" (they worked strictly "according to the norm" stipulated labor contract, ignoring overtime work). The administration of the plant tried to prevent a reduction in production by hiring 200 freelancers. Thus the prudent leadership "put out" the strike. Aleksey Etmonov, in an interview with the Russian Courier newspaper, noted that in Brazil, “despite unemployment”, “freelance workers do not harm the strikers, because their solidarity is not an empty phrase.”

According to official statistics, strikes in Russia are rare. In 2017, Rosstat recorded only one, in 2013-2016 - from two to five per year. Any employer with such statistics will not worry much about the risk of a strike in the enterprise. And the smaller the enterprise, the less such risk. Nevertheless, it is important not only to correctly assess the risk of a strike by employees, but also to have at least a general idea of the possible actions of the employer in such a situation, as well as the goals and means of solving the problem that has arisen with the team.

What is a strike

The right to strike is exercised in accordance with the procedure established by Chapter 61 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

The impact of the strike should not be underestimated. In fact, any strike is a disruption of plans, tasks, production volumes. All this in any case has extremely negative consequences for the employer.

But not every strike is legal.

What kind of strike can be recognized as legal

The court recognizes the strike as legal if the workers properly organized it. Let us consider in more detail the stages of preparing and declaring a strike.

Stage 1 Conciliation procedures (Article 401 of the Labor Code of the Russian Federation). This is a required step.

Stage 2 Development of requirements and their approval at the appropriate meeting (conference) of employees (part 2 of article 399 of the Labor Code of the Russian Federation).

The right to put forward claims (part 1 of article 399 of the Labor Code of the Russian Federation) is vested in employees and their representatives, determined in accordance with art. 29-31 and part 5 of Art. 40 of the Labor Code of the Russian Federation.

It is obligatory to have a quorum at the meeting at which the requirements are approved - more than half of the employees, for the conference - at least two-thirds of the elected delegates.

If the required quorum is not present, the meeting is invalid!

If it is impossible to hold a meeting (convene a conference) of employees, the representative body of employees has the right to approve its decision by collecting the signatures of more than half of the employees in support of the requirements put forward by them (part 3 of article 399 of the Labor Code of the Russian Federation).

Stage 3 Statement of requirements in writing.

The decision to declare a strike must specify:

The list of disagreements between the parties to the collective labor dispute, which are the basis for declaring and holding a strike;

Date and time of the start of the strike;

Estimated number of participants;

The name of the body leading the strike;

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

Proposals on the minimum necessary work (services) performed during the strike by employees of the organization (branch, representative office or other separate structural unit), individual entrepreneur.

Stage 4 Submission of requirements to the employer.

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

If the labor collective missed any of the specified stages of approving the requirements and notifying the upcoming strike, the employer will be able to challenge it in court.

HOW TO RECOGNIZE A STRIKE ILLEGAL

Most often, the first thing that comes to the mind of an employer who has received notice of an upcoming strike is: is there any way to stop the strike? Yes, there is such a possibility: if the court recognizes the strike as illegal.

Based on Art. 413 of the Labor Code of the Russian Federation

In accordance with Art. 55 of the Constitution of the Russian Federation it is illegal to hold a strike:

All organizations in special conditions(martial or state of emergency);

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

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

Those in charge of ensuring the country's defense, state security, rescue, search and rescue, firefighting, prevention or elimination of natural disasters and emergencies;

Serving especially dangerous types of production or equipment, at ambulance and emergency medical aid stations;

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

One of the legitimate ways to resolve a labor dispute between an employer and employees is a strike of workers. It is resorted to if other measures of influence are ineffective. In order for it to be recognized as legal and effective, it is necessary to adhere to certain Labor Code norms.

Labor dispute - definition, classification and settlement methods

A labor dispute is a disagreement in opinion that has arisen between the employer or its representatives and the subordinate (s) regarding the building of working relations, which requires resolution.

There are the following labor disputes:

concerning the application of labor standards
adjustments or provision of working conditions
recognition of the right violated by the other party
material and moral compensation

They are resolved using conciliation procedures - by considering them by the conciliation commission (Article 402 of the Labor Code). If this does not produce results, an intermediary (Article 403) or labor arbitration (Article 404) is connected. In addition, it is possible for the staff units to organize a strike. The right to it is guaranteed by Art. 37 of the Constitution.

The concept and types of strikes

Art. 398 of the Labor Code, a strike is defined as a temporary voluntary full or partial refusal of staff units to perform their assigned labor duties in order to seek consensus in a collective dispute.

It is divided into normal and warning. The second, unlike the usual one, can appear once directly during the implementation of conciliation procedures (after 4 days of work of the conciliation commission). The employer is notified of this in writing 3 working days in advance.

Its implementation implies the implementation of the minimum necessary work (services) provided for by the relevant industry lists.

Decree of the Government of the Russian Federation of December 17, 2002 No. 901 assigns the responsibility for the development and approval of such lists to industry federal authorities executive power.

Situations when it is legal to strike in the workplace

According to Art. 409 of the Labor Code, a strike is justified and lawful if:

The employer ignores participation in conciliation procedures or they turned out to be ineffective;
The provisions of the agreements reached are ignored or the decision of the labor arbitration is not executed.

Situations when a strike is illegal

Organization of a strike and participation in it, in accordance with Art. 412-413, illegal:

in a state of emergency or martial law;
during emergencies;
in law enforcement agencies;
in subjects with especially dangerous equipment and production;
in subjects responsible for the defense capability and security of the state;
in organizations that ensure the life of Russians.

It follows from the foregoing that workers in such organizations must choose other legitimate means of settling labor disputes.

Announcement and conduct, as well as the suspension of a strike

According to Art. 410 of the Labor Code, the decision to declare a strike must be made by a meeting (conference) of the working collective of an economic entity. The initiator of the use of such a 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.

The employer and his representatives do not have the right to organize and participate in a strike.

Have legal effect:

meetings attended by 50% of all staff members;
conferences with two-thirds of the delegates.

Employer:

cannot interfere with their implementation;
is obliged to assist in their organization.

The decision is made if it is supported by 50% or more of those present at the meeting. If this is not possible, the representative body organizes the collection of signatures among the members of the collective in support of the strike and approves the decision if more than 50% of the employees have signed.

The employer is notified in writing about the upcoming strike 7 working days in advance. In this document:

In the absence of the last paragraph, the strike may be declared illegal.

The strike must begin before the expiration of a two-month period from the date of the decision to announce it (Article 410).

The employer, after receiving the document and familiarizing himself with it, notifies the state bodies for the settlement of collective labor conflicts about the situation.

The strike is headed by the representative body of the collective, which has the right to:

convene meetings (conferences);
interact with the employer to obtain information relating to the interests of employees;
engage third parties to assist in the preparation of opinions;
stop the strike.

It is possible to resume a suspended strike without applying to a conciliation commission or arbitration. To do this, notify the employer and the relevant government agency three days before the date of renewal (Article 411).

In addition to it, in case of a threat to state interests, as well as to the life and health of citizens, the strike can be suspended:

The Government of the Russian Federation until the issuance of a court verdict, but no longer than 10 calendar days;
Judicial instance - for up to 30 days.

A strike may end due to:

expiration of the term declared by the meeting (conference);
drawing up and sighting by the parties of the settlement agreement;
adoption by its head body of such a decision;
declaring it illegal. Such a decision is made by courts of various levels on the prosecutor's statement or employers' appeals, and is broadcast through the main body. In this case, the collective is obliged to return to its duties on the day following the delivery of a copy of the court decision to it.

Guarantees for participants in a legal strike

Participation in the strike is entirely voluntary. Coercion to it or to refuse it, as well as dismissal for this reason or imputation of violation of labor discipline, if the strike is recognized by the court as legal, are illegal (Article 414 of the Labor Code), and coercive subjects face disciplinary and administrative liability.

In addition, strikers are entitled to the following guarantees:

retaining their jobs and positions, but without paying labor remuneration, except for those subordinates who realize the agreed working minimum;
compensation payments if they are established by a collective agreement or a formalized agreement;
protection from lockout (art. 415).

Workers who are not considered participants in a strike have the right to count on:

compensation for downtime through no fault of their own after they submit an appropriate application (Article 157 of the Labor Code);
other compensation payments, if it is stipulated by the collective agreement and other VNA;
internal transfer (art. 74);

Responsibility of the parties for violations committed during the organization and conduct of the strike

Certain sanctions are applied to offenders both by the employer and by the work team:

The law guarantees workers the right to strike, that is, a temporary voluntary refusal to perform their labor duties (part 4 of article 37 of the Constitution of the Russian Federation, paragraph 13 of part one of article 21, part four of article 398 of the Labor Code of the Russian Federation). A strike is one of the ways to resolve a collective labor dispute (part one, article 409 of the Labor Code of the Russian Federation). That is, unsettled disagreements between employees and employers on issues of:
– establishing and changing working conditions;
– conclusions, amendments and implementation collective agreements;
- the refusal of the employer to take into account the opinion of the elected representative body of employees when adopting local regulations.
Thus, a collective dispute is always associated with public disagreements, discussion, establishment or change of any rules (appellate ruling of the Supreme Court of the Russian Federation dated May 25, 2015 No. 3-APG15-2). In this it differs from an individual labor dispute that arises in violation of the rights individual workers and involves the application of already established norms.

The subject of the strike cannot be demands that are exclusively related to. Such disagreements are resolved by the court when considering an individual labor dispute (determination of the Supreme Court of the Russian Federation of May 14, 2010 No. 44-G10-17).
The suspension of work due to 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 (Article 142, paragraph 2, part two, Article 352 of the Labor Code of the Russian Federation).

Activities leading up to the strike

Workers' strikes are preceded by certain events. If workers violate the requirements that the law imposes on one of the stages, the employer may demand that the strike be declared illegal.

Making demands

A collective labor dispute begins with the fact that employees and their representatives put forward their demands, approve them at a meeting or conference, fix them in writing and send them to the employer. Such a meeting will be valid if more than half of the employees are present, and a conference if at least two-thirds of the elected delegates are present. If it is not possible to hold a meeting or conference, then trade union organization can approve his decision by collecting more than half of the signatures of employees in his favor (part 3 of article 399 of the Labor Code of the Russian Federation).

Consideration of requirements

The employer must consider the requirements of the workers and make a decision on them. He has two working days for this. The decision must be made in writing and send to the appropriate representative body of employees. If the employer does not agree with the demands of the employees or does not inform them of his decision, a collective labor dispute arises.

Conciliation procedures

The existence of a collective dispute does not give employees the right to immediately go on strike. This is an extreme measure of influence on the employer. It is necessary to try to resolve the dispute with the participation of a conciliation commission, mediator or labor arbitration.
The conciliation commission consists of an equal number of representatives from one side and the other. The decision to create a conciliation commission is made by the employer by order, and the representative of the employees by a decision. Third parties or third parties are not included. The Commission may or may not reach an agreement. In this case, the parties should proceed to negotiations on inviting a mediator or submitting the dispute to labor arbitration. However, these negotiations are not always fruitful. It happens that employees or the employer evade participation in each procedure. This is the basis for a sequential transition to the next stage. If in the end the dispute was not considered even by labor arbitration, then it is considered that the conciliation procedures did not lead to the resolution of disagreements. In this situation, the court will most likely recognize the strike as illegal, since it was declared without conciliation procedures (ruling of the Supreme Court of the Russian Federation of September 7, 2012 No. 83-APG12-5).

The procedure for deciding on a strike

Employees may make such a decision in cases where:
– conciliation procedures did not lead to the resolution of a collective labor dispute;
- the employer does not comply with the agreements reached by the parties in the course of resolving the dispute;
- the employer does not comply with the decision of the labor arbitration.
The decision to strike is taken by at least half of the workers at a meeting or conference. As for the quorum, the same rules apply as for the approval of requirements. More than half of the total number of employees must be present at the meeting, and at least two-thirds of the delegates must be present at the conference. If the quorum is not met, then the decision to strike is illegal (ruling of the Supreme Court of the Russian Federation of March 2, 2012 No. 66-G12-2).

If it is not possible to 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. Absence required amount signatures also serves as the basis for declaring the strike illegal (ruling of the Supreme Court of the Russian Federation of March 28, 2014 No. 33-APG14-3).

The role of the workers' representative body

His role is that he puts forward a proposal for a strike. He has no right to declare a strike on his own. However, this requirement is often violated by workers' representatives.

strike warning

A strike warning must be in writing. In practice, the document is drawn up in the form of a decision on a strike or a protocol. general meeting or the workers' conference at which the decision was made. The employer is usually sent a copy of the decision or protocol. A copy must be sent no later than five working days before the start of the strike. Violation of this term entails its recognition as illegal.
The employer who has received a copy of the decision or protocol must check that it contains the required information. If any of them is missing, the court recognizes the strike as illegal (OVS RF dated July 2, 2004 No. 43-G04-21).

Actions of the employer upon receipt of a strike warning

Upon receiving a strike warning, the employer must report it to the appropriate government agency. Depending on the type of collective dispute, this may be the state labor inspectorate of the region or the executive authority of the constituent entity of the Russian Federation (committee on labor, ministry of labor, etc.).
Then you need to study the protocol or decision to declare a strike and check the timing. Workers cannot start a strike later than two months from the date of the decision to hold it.

Further, the employer should request documents that confirm the fact of holding a general meeting or conference of employees and allow checking the quorum and the authority of the participants in the meeting. Although the workers' representative body is not required to send such documents, it is worth trying. Often, persons who are not employees of the organization are involved in the decision-making, the signature lists do not specify the purpose of collecting signatures, do not put their transcripts or initials. This does not make it possible to understand who exactly voted for which decision (ruling of the Supreme Court of the Russian Federation of September 7, 2012 No. 83-APG12-5).

In addition, attention should be paid to ensuring the minimum necessary work during the strike. It is mandatory in cases where the activities of the organization are related to the safety of people, ensuring their health and vital interests. Each industry has its own list of minimum required work. If the workers do not agree or do not fulfill the requirement for a minimum amount of work, when necessary, the court may suspend the strike (part 8 of article 412 of the Labor Code of the Russian Federation).

For striking employees, the employer must retain the place of work and position. He has the right not to pay wages for this period, with the exception of payment for work performed within the framework of the mandatory minimum work.
You also need to remember the cases when a strike is not allowed. If the employer sees that the strike is illegal, announced in violation of the deadlines and procedures, he has the right to appeal it to the supreme court of the republic, territory, region, federal city, autonomous region and autonomous district.

Can striking workers be punished?

Participation in a strike is not a violation labor discipline(part 1 of article 414 of the Labor Code of the Russian Federation). Employees cannot be brought to disciplinary responsibility for this, let alone fired. An exception is the situation when the court declared the strike illegal and ordered the workers to stop it. In this case, employees must start work no later than the next day after receiving a copy of the court decision that has entered into force. If they fail to comply with this obligation, they may be subject to disciplinary action.

Thus, the main points in the strike of workers are as follows:
1. The reason for the strike may be collective disagreements between employees and the employer, for example, on issues of changing the system of remuneration and bonuses, working conditions, etc.
2. Having received a written warning about a strike, the employer must notify the labor inspectorate and the state body of his region about this. If there is doubt about the legality of the strike, you can go to court.
3. During the strike period, an employee cannot be fired or subject to disciplinary action. An exception is the case of failure to fulfill the obligation to end the strike by a court decision. Proposals for the minimum necessary work for the duration of the strike

There are no similar articles yet.

Article 409. Right to strike

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

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

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

dispute or the employer (its representatives) or representatives of employers evade

from participation in conciliation proceedings, do not comply with the agreement reached during

resolution of a collective labor dispute, or do not comply with the decision of the labor arbitration,

binding on the parties, the employees or their representatives have the right

start organizing a strike, except in cases where, in accordance with parts

the first and second articles 413 of this Code in order to permit collective labor

dispute strike can not be held.

(part two, ed. federal law dated 30.06.2006 N 90-FZ)

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

or refuse to participate in the strike.

Persons who force workers to participate or refuse to participate in a strike shall bear

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 part in it

Article 410

The decision to declare a strike is made by a meeting (conference) of workers

organization (branch, representative office or other separate structural

subdivisions), an individual entrepreneur at the suggestion of a representative

body of workers previously authorized by them to permit collective labor

The decision on the participation of employees of this employer in a strike declared

trade union (association trade unions), is accepted

meeting (conference) of employees of this employer without conciliation

procedures.

The meeting of employees of this employer is considered competent if

at least half of the total number of employees is present. Employees Conference

of this employer is considered eligible if at least two-thirds of the

conference delegates.

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

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

holding.

A decision is considered adopted if at least half of the parties voted for it.

employees present at the meeting (conference). If it is impossible to carry out

meeting (convening a conference) of employees, the representative body of employees has the right

approve its decision by collecting the signatures of more than half of the employees in support of the

strikes.

After five calendar days of work of the conciliation commission, there may be one

a one-hour warning strike has been declared, about which the employer must be

notified in writing no later than three working days in advance.

During a warning strike, the heading body shall ensure

minimum necessary works (services) in accordance with this Code.

The employer must be notified of the start of the upcoming strike in

written form no later than ten calendar days.

The decision to declare a strike shall specify:

list of disagreements between the parties to the collective labor dispute, which are the basis

to announce and conduct a strike;

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

expected number of participants. In this case, the strike cannot be started later

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

the name of the body leading the strike, the composition of the workers' representatives,

authorized to participate in conciliation procedures;

proposals for the minimum necessary work (services) performed during the period

conducting a strike by employees of an organization (branch, representative office or other

separate structural subdivision), individual entrepreneur.

The employer warns the relevant

state body for the settlement of collective labor disputes.

In the event that the strike was not started within the period determined by the decision on

declaration of a strike, further resolution of a collective labor dispute

carried out in the manner prescribed by Article 401 of this Code.

Article 411

The strike is led by a representative body of workers. The governing body

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

employer information on issues affecting the interests of employees, involve

specialists to prepare opinions on controversial issues.

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

the resumption of the strike is not required to re-examine the dispute by the conciliation

commission or labor arbitration. Employer and relevant government

body for the settlement of collective labor disputes should be warned about

resumption of the strike no later than three working days.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 412. Obligations of the parties to a collective labor dispute during a strike

During the strike period, the parties to a collective labor dispute are obliged to

continue to resolve this dispute through conciliation procedures.

Employer, executive authorities, authorities local government and the organ

leader of the strike are obliged to take measures depending on them to ensure during the period

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

as well as the operation of machinery and equipment, the stop of which is a direct

threat to human life and health.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The list of the minimum necessary works (services) performed during the

strikes by employees of organizations (branches, representative offices or other separate

structural divisions), individual entrepreneurs whose activities

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

society, each sector (sub-sector) of the economy develops and approves

federal executive body responsible for coordinating and

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

agreement with the relevant all-Russian trade union. When,

if a sector (sub-sector) of the economy has several all-Russian

trade unions, the list of minimum required works (services) is approved by

coordination with all the all-Russian national organizations operating in the industry (sub-sector) of the economy

trade unions. The procedure for developing and approving the minimum list

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

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Executive authority of the subject of the Russian Federation on the basis of lists

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

federal executive authorities, develops and approves

agreement with the relevant territorial associations organizations

trade unions (associations of trade unions) regional lists

a minimum of necessary works (services), specifying the content and determining

the procedure for applying the federal industry lists of the minimum required work (services)

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

Minimum necessary work (services) performed during the strike

employees of an organization (branch, representative office or other separate structural

subdivisions), an individual entrepreneur, is determined by agreement of the parties

collective labor dispute jointly with the local self-government body on the basis of

lists of the minimum necessary works (services) within five days from the date of the decision

about a strike. Inclusion of the type of work (services) in the minimum required work

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

the lives of citizens. The minimum required works (services) cannot include works

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

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

In case of failure to reach an agreement, the minimum required works (services) are established

executive authority of the constituent entity of the Russian Federation.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The decision of the specified body, establishing the minimum necessary works (services),

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

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

If the minimum necessary works (services) are not provided, the strike may be

recognized as 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 periods of martial law or a state of emergency or special measures in

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

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

formations, organizations (branches, representative offices or other separate

structural subdivisions) directly in charge of defense issues

country, state security, rescue, search and rescue,

firefighting, prevention or elimination of natural disasters and emergency

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

other separate structural subdivisions), directly serving especially

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

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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

subdivisions) directly related to ensuring the life of the population

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

aviation, rail and water transport, communications, hospitals), in the event that

strikes pose a threat to the defense of the country and the security of the state, life and

people's health.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The right to strike may be restricted by federal law.

A strike in the presence of a collective labor dispute is illegal if it

was announced without taking into account the terms, procedures and requirements stipulated by this

Code.

The decision to recognize the strike as illegal is made supreme courts republics,

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

region and autonomous regions at the request of the employer or the prosecutor.

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

strike, who is obliged to immediately inform the participants of the strike about the decision

A court decision declaring a strike illegal, which has entered into legal force, is subject to

immediate execution. Workers are required to stop the strike and return to work

later than the next day after the delivery of a copy of the said court decision to the body,

leading the strike.

In the event of a direct threat to the life and health of people, the court has the right

to postpone a strike that has not begun for a period of up to 30 days, and to suspend a strike that has begun for that

In cases of particular importance for securing vital interests

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

has the right to suspend the strike until the issue is resolved by the relevant court, but no more

than ten calendar days.

Part nine is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

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

strikes

The participation of an employee in a strike cannot be considered as a violation

labor discipline and grounds for termination employment contract, with the exception of

cases of non-fulfillment of the obligation to end the strike in accordance with part six

Article 413 of this Code.

It is forbidden to apply disciplinary measures to workers participating in a strike.

liability, with the exception of cases provided for by paragraph six of Article 413

of this Code.

For the duration of the strike, the workers participating in it retain their place of work and

position.

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

participation in a strike, with the exception of employees engaged in the implementation of a mandatory

minimum of works (services).

resolution of a collective labor dispute, compensatory

payments to workers participating in a strike.

Employees who do not participate in the strike, but in connection with its conduct did not have

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

downtime, payment for downtime through no fault of the employee is made in the manner and in the amount that

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

employees to another job in the manner prescribed by this Code.

Collective agreement, agreement or agreements reached in the course of

resolution of a collective labor dispute, a more preferential

the procedure for payments to employees who do not participate in a strike than provided for by this

Code.

In the process of settling a collective labor dispute, including holding

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

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

Article 416. Liability for evading participation in conciliation procedures,

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

non-execution or refusal to execute the decision of labor arbitration

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Employer representatives who evade receiving workers' demands and

participation in conciliation procedures, including those that do not provide premises for

holding a meeting (conference) to put forward demands, declare a strike or

hindering its (her) implementation are subject to disciplinary liability in

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 who are guilty of non-fulfillment of obligations under

agreement reached as a result of the conciliation procedure, as well as those guilty of

non-execution or refusal to execute the decision of labor arbitration,

brought to administrative responsibility in the manner prescribed by

the legislation of the Russian Federation on administrative offenses.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 417. Responsibility of employees for illegal strikes

Workers who started a strike or did not stop it for

the next business day after being notified to the body leading the strike,

of a court decision that has entered into legal force on the recognition of the strike as illegal or on

adjournment or suspension of a strike may be subject to disciplinary action

for violation of labor discipline.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Representative body of workers that declared and did not stop the strike after

recognition of it as illegal, is obliged to compensate for the losses caused to the employer by illegal

strike, at their own expense in the amount determined by the court.

Article 418

Actions of the parties to a collective labor dispute, agreements and decisions taken in

connection with the resolution of this dispute, are drawn up in minutes by representatives of the parties

collective labor dispute, conciliation bodies, the body heading

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