Rules of strike in the enterprise. How to arrange a strike. An example of Ford Communards Legal advice. Strike as a way to resolve a collective labor dispute

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

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Contact your trade union. If you are in the organization of workers, then before the strike you need to contact it. You will be helped by the Council, so the prompt about what exactly your strike should answer in order to get support from the trade union.

Remember that strikes are different. There are no universally successful ways to achieve their own, so the choice of how you will strike, will determine your situation.

  • Picket. When you saw crowds with posters, something shouting there and requiring, then you probably saw the picket. The essence is simple - people gather at the administration and chant, chant, chant ... It is believed that this is one of the most effective forms of strikes. In addition, the picket is also a way to draw attention to the problem before, actually, strikes.
  • Free work. The bottom line is that everything continues to work ... But the money from customers do not take (or take, but the most memor), which is especially characteristic of the service sector. For example, when bus drivers in Portugal demanded a salary increase, they began to carry everyone for free. So they killed two hares - and greedy tenants were punished, and received public support.
  • Hospital. Sometimes it happens - quite by chance - so that all the staff of the department or even the firms suddenly get sick ... On the same day. Work, of course, gets up. In the past, so used doctors.
  • Do not miss the results you want to achieve a strike. You see, your employers are not at all obliged to stop production at the time of the strike. Moreover, they have the full right to hire you a replacement. Accordingly, before starting the strike, it should be declared, for which you all start it - precisely from this and may depend on, whether you will save work after a strike.

    Share your plans about a strike with other workers. It is likely that you are not alone who are indignation about working conditions. Try to attract as much employees as possible as possible, try to enlist the support of the leaders of labor organizations at the city and federal levels. You may even get support from various public groups.

    Disquire strikers. Actually, the leaders are the leaders that will manage the process: to form various committees, hire lawyers and solve legal issues, make important decisions, record events and so on. If in general, then the share of executives falls on to plan, organize and conduct a strike in achieving goals.

  • Distribute for participants in strike certain roles. By the way, it is not necessary to act strictly according to this article, because your circumstances may require otherwise. For example, you may need to ensure that the tasks of public relations and attract funds were carried out in the jurisdiction of one person, etc. In general, when you begin to form certain committees, find volunteers (or assign people) that are best suited to perform a task. And the tasks are as follows:

    • Conversation. In this area, people who will have to communicate directly with your leadership will work. They will make the requirements of strikers (as well as take part in their final formulation) and discuss them with employers.
    • Picketing. People involved in this challenge will organize pickets, engaged in the formation of groups, the choice of graders, the creation of the schedule of pickets, and the provision of picketing everything is necessary - posters, transparencies, etc. Also, the piketing department should ensure that the piketies respond to the letter of the law.
    • Public relations. This group will be engaged in conveying strike goals to other workers and the public, as well as bringing to the attention of strikers associated with strike, maintaining a combat spirit with the help of various campaigns, fighting rumors and attracting media attention.
    • Financing. People who will deal with this will be responsible for the money for which you will strike. Let's say you can create a fund from which the benefits of those employees who themselves cannot pay for their housing, the means to cover medical services and so on.
  • Almost all strikes in Russia are recognized illegal. At best, the protesters do not get anything, in the worst - problems. Employers are claimed to compensation for damage, dismiss activists. The reason is that strikers lack legal knowledge.

    "There are only isolated cases for many years when the strike would be legal," the lawyer of the Association "Lawyers for Labor Rights" Anna Gvozditsky notes. This once again confirmed the conflict between the workers of the Ford, which is in Vsevolzhsk, and the leadership of auto giant. The strike, which was held here in November, was not simply recognized illegal - now with 31 employees of the company who participated in the strike, demand to compensate losses for simple. And this is 4.5 million rubles.
    The strike on "Ford" is far from the only one that is recognized as illegal.
    The same status - the strike of the Tuapse Dockers, which was held in August 2008. Workers demanded to pay debts for night work since November 2007. This performance was not the first. Dockers' strike was in November 2007. Then the Krasnodar Regional Court also recognized it illegal. In April of this year, the illegal and strike of workers' workshop assembly of the KAMAZ car plant was recognized.
    Anna Gvozditsky notes.
    - If employees want no decision to recognize the strike illegal, they should act in strict accordance with Chapter 61 of the Labor Code of the Russian Federation "Consideration and resolution of collective labor disputes".
    Subtleties of the organization
    The first step towards organizing a strike is to initiate a collective work dispute. For this, employees need to put forward their demands. They may concern, for example, increase wages, establish additional interruptions, improve working conditions. Requirements must be approved at the general meeting or conference of employees. For a large enterprise, this is quite difficult, because most employees or delegates to the conference should be collected.
    Theses then allow it using conciliation procedures. They must create a conciliation commission, which considers the requirements of employees. The workers have the right to hold a preventive strike a few days after the start of the conciliatory commission, to show its determination in the future, if necessary, go to the strike.
    - By the Labor Code on the watch warning strike, the employer must be warned in writing no later than three working days. On the beginning of the upcoming strike - in writing no later than ten calendar days, - notes the legal center of the Legal Center "Gloss" Anastasia Kotelnikova
    If the deadlines, procedures and requirements for the strike are not respected, the employer has the right to apply to the court with a claim for the recognition of the strike illegal.
    Some can not be at all
    I illegal recognized the trial of the strike of the Moscow Railroad driver, which took place in the spring of this year. And the Russian Railways leadership even promised to dismiss five strikers from the Profa Union of Locomotive Brigades, refused to work during strike.
    - The participation of the employee in the strike is not a violation of labor discipline. At the time of the strike, the employee retains the place of work and the position, "says Anastasia Kotelnikov.
    But in organizations directly related to 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), strikes are illegal. Also, strikes are not allowed if their conduct of a threat to the defense of the country and the security of the state, life and health of people.
    protest
    Strikes in Russia
    7.1 days
    The average number of unpaid days by the participant of the strike in 2007
    7 enterprises
    The number of organizations on which strikes took place in 2007
    2.9 thousand
    The number of employees participating in strikes in 2007
    413 people
    Bashed on average for one organization in 2007
    14
    Labor disputes recorded in the first half of 2008
    26.9 thousand
    Man took part in labor disputes in the first half of 2008
    Source Rosstat.

    Despite all possible conciliation procedures that exist in enterprises, they do not always bring a positive result. That is why the Constitution of the Russian Federation recognizes the right to strike with employees of the enterprise.

    Definition

    The temporary voluntary deviation of the employee from the execution of its employment duties to resolve the collective dispute implies the concept of a strike. The right to strike is determined by the Constitution of the Russian Federation and the Labor Code of the Russian Federation.

    Participation in it can only be voluntary. It is impossible to force workers to conduct strikes, threaten them in case of refusal to participate in the event.

    The person who causes the employee to participate in a strike or, on the contrary, to refuse to participate, can be held accountable (up to criminal).

    Warning strike

    Under the warning strike, they understand the action, which is a demonstration of employees of their willingness to seek the established requirements at any cost. This type of strike can be declared during the conciliation processes. It can be used once in the process of collective disputes. In this case, the duration of such a strike can not be more than an hour.

    The decision on a warning strike is adopted by a representative body of employees who participates in the conciliation process. He heads the strike and must provide the necessary services.

    Constitutional formula

    Constitutional formula, which determines the right to strike in the Russian Federation, includes:

    1. The adoption of a strike as a legitimate action of employees.
    2. Ensuring the fulfillment of the right to strike through the creation of the State Guarantee system.
    3. Acceptance of a strike as a means of solving a collective labor dispute.
    4. Shocking the established legal regime of the strike to the federal government.

    The right to strike the Constitution of the Russian Federation characterizes as the relationship of the team's actions in defense of its rights with the execution of other labor rights they have.

    Legal opportunities

    The strike has an individual aspect - voluntary decision on participation or non-participation in this event.

    The right of workers to strike suggests such legal aspects as:

    1. Free discussion of the question of the possibility of holding a strike and deciding on its declaration.
    2. Free solution to the question of the form of an event, put forward requirements, ensuring the fulfillment of the necessary services.
    3. Unimpeded event, providing public order and impregnation of personal rights.
    4. Suspension or termination of a strike by solving an authorized body.
    5. Use of warranties provided for by law.

    When the strike is possible

    The possibility of holding a strike Labor law determines in such cases when:

    • the conciliation process did not lead to a positive result;
    • an employer or his representatives do not go to reconciliation;
    • the employer does not fulfill the terms of the agreement, which was achieved in the process of collective dispute;
    • the decision of the employment arbitration is not fulfilled.

    All listed conditions give the right to employees to resort to strike. At the same time, representatives of the Steering Party have no right to organize a strike and especially to take part in it.

    Illegal strikes

    Restricting the right to strike imposes:

    1. When a military or emergency is introduced or special measures are used, taking into account the legislation on emergency provisions.
    2. In the Armed Forces of the Russian Federation and other militarized bodies who are responsible for ensuring the development of the country's security, state security, emergency rescue work, search engines, disaster relief.
    3. In law enforcement agencies.
    4. In organizations that serve hazardous types of production, at ambulance stations or emergency medical care.
    5. In organizations that provide the vital activity of the population.
    6. When the strike can threaten the defense of the country, the security of the state, life and health of the population.

    The right to strike may be limited to federal legislation. For example, for civil servants of the federal state service a strike is not allowed.

    Decision on strike

    The decision on the strike Labor right permits to take at the meeting of the employees of the enterprise at the proposal of their representative body, which was elected earlier to resolve collective disputes in production.

    The decision on the participation of employees in a strike, which is announced by the professional union, is made at the meeting of employees of the organization without a conciliation process.

    A similar meeting of employees is legal, if it has 50% of the total number of the whole team. The employer must provide the team to the meeting for the meeting and cannot prevent the meeting.

    The decision can be considered accepted if half of the staff present at the meeting gave votes for him. If the meeting cannot be conducted, the authorized body may approve its decision by collecting signatures in support of the strike.

    For five days, a conciliation commission should work, which can declare a preliminary strike in writing no later than three days before it began.

    On the start of the strike, the employer must be notified in writing for ten days.

    What is indicated in the decision

    The decision given to the right to strike must contain:

    • the list of disagreements of the parties in the dispute;
    • the date and time of the start of the event, the estimated duration and number of participants (the strike must begin within 60 days from the date of its announcement);
    • the name of the body, which heads the strike, the composition of representatives of employees who participated in the conciliation process;
    • list of proposals for minimal services that must be performed during strike.

    The employer must prevent the appropriate state agency to resolve collective disputes on the planned strike.

    If the strike does not begin on time, then the subsequent resolution of the conflict situation should be carried out according to Art. 401 TK RF (conciliation procedures).

    Who is heading

    Heads a strike representative of employees. He can convene a meeting, receive the necessary information from the employer, which affects the interests of the collective, to involve specialists who prepare conclusions on controversial issues.

    The representative body can get the right to strike (the order of it should be familiar to him), and also this person has the right to suspend the event.

    If you need to resume strike, you do not need to re-consider the dispute. It is enough to warn about this employer and the corresponding state agency for three days.

    During the strike itself, both parties must continue to resolve the conflict situation through conciliation procedures.

    Warranty

    What is the purpose of the right to strike? To defend the interests of the striker and resolve the controversial situation, as a result, there are also certain guarantees. These include:

    • Participation in the strike is not considered as a violation of the discipline of labor and is not the basis for the dismissal of the employee. The exceptions are situations where the employee followed the failure of the strike.
    • A ban on the use of disciplinary penalties to persons participating in the strike.
    • Preservation of work and posts for the employee at the time of the strike.
    • Possible compensation payments to persons who are involved in the strike (if this fact is specified in the collective agreement).
    • Participation in the strike is not regarded as a violation of discipline.

    But, on the basis of the fact that employees do not fulfill their obligations during strike, the employer has the right not to pay them a salary. Also those persons who do not participate in the strike, but for certain reasons can not fulfill their work, should notify the leader in writing. The employer, in turn, can translate such employees to another job.

    Cancel or transfer strike

    The strike can be recognized as illegal by decision of the Supreme Court on the application of the head of the organization or the prosecutor's office. This decision to employees should convey the authorized person.

    If the strike threatens the life and health of people, the judicial instance should either postpone it for a month or postpone the same time. In special cases, the strike is entitled to suspend the Government of the Russian Federation before the decision of the appropriate question is, but not more than 10 days.

    In the process of resolving a conflict situation, it is forbidden to conduct a locaut (dismissal of employees for their participation in the strike).

    Duties of the parties

    The right to strike gives its participants not only the ability to demand execution of certain conditions, but also to comply with some responsibilities:

    1. During strike, the parties must continue to resolve a collective dispute through the reconciliation procedures.
    2. Persons who head strike must provide its participants to security measures, maintain public order, protect the property of the enterprise, as well as to stop the equipment that can threaten the life and health of the strikers.
    3. Those organizations that ensure the safety of people and their interests, when conducting strikes should provide a minimum of work. If this minimum is not performed, the strike will be considered illegal.

    Responsibility

    The right to strike and its implementation was regulated by the Labor Code of the Russian Federation and the Constitution of the Russian Federation. What is responsible for unauthorized and illegal strikes? There are several types of sanctions:

    1. Disciplinary punishment. This type of responsibility is provided by Art. 417 TK RF. Employees who started a strike or did not stop her the next day after reporting the decision to the authorized body, may be subject to disciplinary recovery, and the strike itself is recognized illegal.
    2. Administrative responsibility. This type of punishment is provided by Art. 20.26 Administrative Code. According to the article, if the work is stopped by Self and this action is not provided for by law, then the employee is imposed a fine of up to 1500 rubles. Accordingly, if the strike is over or not started at all, no administrative consequences have such actions.
    3. Civil liability. This type of punishment is envisaged only for trade union organizations that announced and did not stop the strike after declaring it illegal. Such organizations should compensate all losses that have suffered an enterprise caused by a strike. Recompensate the organization should at its own expense and in the amount that is determined by the court.
    4. Criminal liability. This type of punishment for illegal strike is not provided in the Criminal Code of the Russian Federation, but practice shows that a criminal case can be initiated, for example, under Art. 315 of the Criminal Code is a malicious non-fulfillment by representatives of the authorities, civil servants serving local governments, managers of commercial organizations of the court decision, which entered into legal force. At the same time, non-performance is equal to preventing the execution of the court decision. Actually, according to this article, the authorized body can be accused if the court decision on the recognition of the strike was illegal, and the event continues.

    Today there are practically no material responsibility for holding a strike for an authorized person who is responsible for the specified event. But there is a possibility of attracting an employee to justice for participating in the strike. It can be used both legal legal methods and peculiar "punishment" by strikers.

    In addition, the employer can indirectly punish strikers that for the latter is a more painful procedure, rather than official methods.

    It is worth remembering that almost any conflict can be resolved with the help of conciliation negotiations. No need to immediately resort to strikes or more radical methods. In order for working in the team to go to your guy, both sides should learn to listen and hear each other.

    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.

     

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