Strike rules at the enterprise. How to go on strike. An example of Ford's Communards Legal advice. Strike as a way to resolve a collective labor dispute

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).
Suspension of work due to non-payment wages 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 impossible to hold a meeting or conference, then the trade union organization can approve its decision by collecting more than half of the signatures of employees in its 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 the 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 strike decision or minutes of the general meeting or conference of workers at which this 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

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Contact your union. If you are a member of a workers' organization, you must contact it before going on strike. You will be helped with both advice and hints on exactly what requirements your strike must meet in order to receive support from the union.

Remember that strikes are different. Universally successful ways there is no way to get your way, so how you strike will be determined by your situation.

  • Picket. When you saw crowds with placards shouting and demanding something, then you probably saw a 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, in fact, the strike.
  • Free work. The bottom line is that everyone continues to work ... but they no longer take money from customers (or take it, but very little), which is especially typical for the service sector. For example, when bus drivers in Portugal demanded an increase in wages, they began to carry everyone for free. So they killed two birds with one stone - and punished the greedy employers, and received public support.
  • Hospital. Sometimes it happens - quite by accident - that all the employees of a department or even a company suddenly fall ill ... on the same day. Work, of course, gets up. In the past, this is how doctors went on strike.
  • Don't lose sight of the results you want to achieve with the strike. You see, your employers are not at all obliged to stop production during the strike. Moreover, they have every right to hire a replacement for you. Accordingly, before the start of the strike, you should decide what you are starting all this for - it may depend on this whether you keep your job after the strike.

    Share your strike plans with other workers. It is likely that you are not the only one experiencing resentment about working conditions. Try to attract as many workers as possible to your side, try to enlist the support of leaders labor organizations in the city and federal levels. You may even get support from various community groups.

    Elect strike leaders. Actually, leaders are the leaders who will manage the process: form various committees, hire lawyers and resolve legal issues, make important decisions, keep a record of events, and so on. Generally speaking, it falls to leaders to plan, organize, and lead the strike to achieve goals.

  • Assign certain roles to the strikers. By the way, it is not at all necessary to act strictly according to this article, because your circumstances may require otherwise. For example, you may want the public relations and fundraising tasks to be managed by one person, and so on. In general, when you start to form committees, look for volunteers (or appoint people) who are best suited to carry out a particular task. And the tasks are:

    • Negotiation. People who will have to communicate directly with your management will work in this direction. They will present strikers' demands (as well as take part in finalizing them) and discuss them with employers.
    • Picketing. The people involved in this task will organize the pickets by organizing groups, choosing foremen-hundreds, creating picket schedules, and providing the picketers with everything they need - posters, banners, etc. Also, the picketing department must ensure that pickets comply with the letter of the law.
    • Public relations. This group will be busy communicating the goals of the strike to other workers and the public, as well as informing the strikers about the strike, maintaining morale through various campaigning, combating rumors and gaining media attention.
    • Financing. The people who will be doing this will be responsible for the money that you will strike. For example, you can create a fund from which benefits will be paid to those workers who themselves cannot pay for their housing, funds to cover medical services etc.
  • Almost all strikes in Russia are recognized as illegal. At best, the protesters get nothing, at worst, problems. Employers file claims for damages, fire activists. The reason is that the strikers lack legal knowledge.

    "There are only a few cases over the years when a strike would be recognized as legal," says Anna Gvozditskikh, a lawyer at the Lawyers for Labor Rights association. This was once again confirmed by the conflict between the workers of the Ford plant in Vsevolzhsk and the leadership of the auto giant. The strike that took place here in November was not only declared illegal - now 31 employees of the company who took part in the strike are being required to pay damages for downtime. And this is 4.5 million rubles.
    The Ford strike is far from the only one that has been declared illegal.
    The strike of Tuapse dock workers, which took place in August 2008, has the same status. Workers have been demanding payment of debts for night work since November 2007. This performance was not the first. There was also a dockers' strike in November 2007. Then the Krasnodar Regional Court also declared it illegal. In April of this year, the strike of the workers of the cabin assembly shop of the KamAZ automobile plant was also declared illegal.
    Anna Gvozditskikh notes.
    - If workers want there to be no decision to recognize the strike as illegal, they must act in strict accordance with Chapter 61 of the Labor Code of the Russian Federation "Consideration and resolution of collective labor disputes."
    SUBTLETS OF ORGANIZATION
    The first step to organizing a strike is to initiate a collective labor dispute. To do this, workers need to put forward their requirements. They may relate, for example, to raising wages, establishing additional breaks, improving working conditions. Requirements must be approved general meeting or employee conferences. For a large enterprise, this is quite difficult, because it is necessary to get the majority of employees or conference delegates to vote.
    The parties then resolve it using conciliation procedures. They should create a conciliation commission that considers the demands of workers. Workers have the right to hold a warning strike a few days after the start of the work of the conciliation commission in order to show their determination to go on strike in the future if necessary.
    - According to the Labor Code, the employer must be warned in writing about a one-hour warning strike no later than three working days in advance. About the beginning of the upcoming strike - in writing no later than ten calendar days, - notes Anastasia Kotelnikova, legal adviser of the legal center "Glossa"
    If the deadlines, procedures and requirements for the strike are not observed, the employer has the right to apply to the court with a claim to recognize the strike as illegal.
    SOME CANNOT AT ALL
    The court recognized the strike of machinists of the Moscow railway which took place this spring. And the leadership of Russian Railways even promised to fire five strikers from the trade union locomotive crews who refused to work during the strike.
    - The participation of an employee in a strike is not a violation of labor discipline. For the duration of the strike, the worker retains his place of work and position, - says Anastasia Kotelnikova.
    But in organizations 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), strikes are illegal. Also, strikes are not allowed if their conduct poses a threat to the defense of the country and the security of the state, life and health of people.
    protest
    STRIKS IN RUSSIA
    7.1 days
    average number of days not worked by a striker in 2007
    7 enterprises
    Number of organizations where strikes took place in 2007
    2.9 thousand
    Number of workers involved in strikes in 2007
    413 people
    on strike per organization in 2007
    14
    labor disputes were recorded in the first half of 2008
    26.9 thousand
    people took part in labor disputes in the first half of 2008
    Rosstat source

    Despite all the 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 among the employees of the enterprise.

    Definition

    Temporary voluntary deviation of an employee from the performance of his labor duties to resolve a collective labor dispute implies the concept of a strike. The right to strike is defined by the Constitution of the Russian Federation and the Labor Code of the Russian Federation.

    Participation in it can only be voluntary. You can not force workers to strike, threaten them if they refuse to participate in the event.

    A person who forces an employee to participate in a strike or, conversely, refuse to participate, may be held liable (up to criminal).

    warning strike

    Under the warning strike is understood the action, which is a demonstration of the employees of the enterprise of their readiness to achieve the established requirements at any cost. This type of strike may be declared during conciliation processes. You can use it once in the process of collective disputes. At the same time, the duration of such a strike cannot be more than an hour.

    The decision on a warning strike is made by the representative body of employees, which participates in the conciliation process. He is also leading the strike and must provide the necessary services.

    constitutional formula

    The constitutional formula that defines the right to strike in the Russian Federation includes:

    1. Acceptance of the strike as a legitimate action of employees.
    2. Ensuring the exercise of the right to strike through the creation of a system of state guarantees.
    3. Acceptance of a strike as a means of resolving a collective labor dispute.
    4. Shifting the established legal regime of the strike to the federal government.

    The right to strike is characterized by the Constitution of the Russian Federation as a connection between the actions of the collective in defense of their rights and the fulfillment of other labor rights that they have.

    Legal options

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

    The right of workers to strike implies the presence of such legal aspects as:

    1. Free discussion of the possibility of a strike and making a decision on its announcement.
    2. Free decision on the form of the event, the requirements put forward, ensuring the performance of the necessary services.
    3. Unimpeded conduct of the event, ensuring public order and non-violation of the rights of other persons.
    4. Suspension or termination of the strike by decision of the authorized body.
    5. Use of guarantees provided by law.

    When is a strike possible?

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

    • the conciliation process did not lead to a positive result;
    • the employer or his representatives do not go to reconciliation;
    • the employer does not comply with the terms of the agreement that was reached in the course of a collective dispute;
    • the decision of labor arbitration is not executed.

    All of the above conditions give employees the right to go on strike. At the same time, representatives of the leading party do not have the right to organize a strike, let alone take part in it.

    Illegal strikes

    The right to strike is restricted:

    1. When martial law or a state of emergency is introduced or special measures are used, taking into account the legislation on states of emergency.
    2. In the armed forces of the Russian Federation and other paramilitary bodies that are in charge of ensuring the country's defense, state security, emergency rescue operations, search operations, and elimination of natural disasters.
    3. In law enforcement.
    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 a strike can threaten the defense of the country, the security of the state, the life and health of the population.

    The right to strike may be restricted by federal law. For example, strikes are unacceptable for civil servants of the Federal Civil Service.

    decision to strike

    The decision to strike is allowed by labor law to be taken at a meeting of employees of the enterprise at the suggestion of their representative body, which was previously elected to resolve collective disputes in production.

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

    Such a meeting of employees is legal if it is attended by 50% of the total number of the entire team. The employer must provide the team with a room for the meeting and cannot interfere with the meeting.

    The decision can be considered adopted if half of the employees present at the meeting voted for it. If the meeting cannot be held, then the authorized body may approve its decision by collecting signatures in support of the strike.

    A conciliation commission must work for five days, which may announce a preliminary strike in writing no later than three days before it begins.

    The employer must be notified in writing of the start of a strike ten days in advance.

    What is included in the decision

    The decision giving the right to strike must contain:

    • list of disagreements of the parties to the dispute;
    • the date and time of the start of the event, the expected duration and number of participants (the strike must begin within 60 days of its announcement);
    • the name of the body that leads the strike, the composition of the representatives of the employees who participated in the reconciliation process;
    • a list of proposals for minimum services to be performed during the strike.

    The employer must notify the relevant state body for the settlement of collective disputes about the planned strike.

    If the strike does not start on time, then the subsequent resolution of the conflict situation must be carried out in accordance with Art. 401 of the Labor Code of the Russian Federation (conciliation procedures).

    Who is in charge

    The strike is led by a representative body of employees. He can call a meeting, receive from the employer necessary information which affects the interests of the team, to involve specialists who prepare opinions on controversial issues.

    The representative body may have the right to strike (the order of strike should be familiar to him), and also the person has the right to suspend the event.

    If it is necessary to resume the strike, there is no need to re-examine the dispute. It is enough to notify the employer and the relevant government agency about this three days in advance.

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

    Guarantees

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

    • Participation in a strike is not considered as a violation of labor discipline and is not a basis for dismissal of an employee. The exceptions are situations where the employee refused to end the strike.
    • Prohibition on the application of disciplinary sanctions to persons participating in a strike.
    • Preservation of work and position for the employee during the strike.
    • Possible compensation payments persons who participate in the strike (if this fact is specified in the collective agreement).
    • Participation in a strike is not regarded as a breach of discipline.

    But, based on the fact that workers do not fulfill their obligations during the strike, the employer has the right not to pay them wages. Also, those persons who do not participate in the strike, but for known reasons cannot do their work, must notify the manager in writing. The employer, in turn, can transfer such employees to another job.

    Cancellation or Postponement of a Strike

    A strike may be declared illegal by decision Supreme Court at the request of the head of the organization or the prosecutor's office. This decision employees must be informed by an authorized person.

    If the strike threatens the life and health of people, the court must either postpone it for a month or postpone it for the same period. In special cases, the Government of the Russian Federation has the right to suspend the strike until the relevant issue is resolved by the court, but not more than for 10 days.

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

    Duties of the parties

    The right to strike gives its participants not only the opportunity to demand the fulfillment of certain conditions, but also to comply with certain obligations:

    1. During the strike, the parties must continue to resolve the collective dispute through conciliation procedures.
    2. Persons who lead the strike must provide security measures to its participants, maintain public order, protect the property of the enterprise, and also stop equipment that may threaten the life and health of the strikers.
    3. Those organizations that ensure the safety of people and their interests should provide a minimum of work during strikes. If this minimum is not met, then the strike will be considered illegal.

    Responsibility

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

    1. Disciplinary punishment. This type liability under Art. 417 of the Labor Code of the Russian Federation. Employees who started a strike or did not stop it the day after the decision was communicated to the authorized body may be subject to disciplinary actions and the strike itself is illegal.
    2. Administrative responsibility. This type of punishment is provided for by Art. 20.26 of the Code of Administrative Offenses of the Russian Federation. According to the article, if work is stopped without permission and this action is not provided for by law, then a fine of up to 1,500 rubles is imposed on the employee. Accordingly, if the strike ends on time or does not start at all, such actions do not have any administrative consequences.
    3. Civil liability. This type of punishment is provided only for trade union organizations who announced and did not stop the strike after it was declared illegal. Such organizations must compensate for all losses incurred by the enterprise caused by the organized strike. The organization must compensate at its own expense and in the amount determined by the court.
    4. Criminal liability. This type of punishment for an illegal strike is not provided for 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 - this is a malicious failure by representatives of the authorities, civil servants, employees of bodies local government, managers commercial organizations court decision, which has entered into force. In this case, non-execution is equated to obstruction of the execution of a court decision. Actually, under this article, an authorized body can be charged if a court decision on recognizing the strike as illegal is made, and the event continues.

    Today, there is practically no financial responsibility for holding a strike for an authorized person who is responsible for the specified event. But there is a possibility that an employee will be held liable for participating in a strike. Both legal legal methods and a kind of "punishment" of the strikers can be used.

    In addition, the employer can indirectly punish striking employees, which for the latter is a more painful procedure than official methods.

    It is worth remembering that almost any conflict can be resolved through conciliation negotiations. There is no need to immediately resort to strikes or more radical methods. For teamwork to run its course, both parties must learn to listen and hear each other.

    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 Labor Code 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 an organization (branch, representative office or other separate structural unit), an 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.

     

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