Workers' strike. Strike

In accordance with Part 3 of Art. 409 of the Labor Code of the Russian Federation, the participation of workers in a strike is voluntary, no one can be forced to participate or refuse to participate in a strike. Persons who force workers to participate or refuse to participate in a strike shall bear disciplinary, administrative, and criminal liability in the manner prescribed by federal laws. Representatives of the employer are not entitled to organize a strike and participate in it. Violation of this prohibition is the basis for bringing them to disciplinary responsibility.

Bringing to disciplinary responsibility of persons forcing participation in a strike or refusal to participate in it is a right, and not an obligation, of authorized representatives of the employer. In accordance with Art. 5.40 of the Code of Administrative Offenses of the Russian Federation, coercion to participate or to refuse to participate in a strike by violence or threats of violence or using the dependent position of the coerced person shall entail the imposition of an administrative fine on citizens in the amount of 5 to 10 times the minimum wage, on officials of organizations, regardless from their organizational and legal forms and form of ownership - in the amount of 10 to 20 minimum wages. Bringing to this type of administrative responsibility in identifying the listed offenses is the responsibility of authorized persons of the state labor inspectorate, who draw up a protocol on an administrative offense and send it to the justice of the peace, and in his absence to the district (city) court. When committing criminally punishable acts, in particular, causing bodily harm to employees with the aim of forcing them to participate in a strike or to refuse to participate in a strike, the perpetrators may be held criminally liable under the relevant articles of the Criminal Code of the Russian Federation, which provide for liability for causing bodily harm. Thus, one of the legally significant circumstances to be verified when assessing the legality of a strike is the voluntary participation of employees in it.

In accordance with Part 3 of Art. 414 of the Labor Code of the Russian Federation for the duration of the strike, the employees participating in it retain their place of work and position. Recall that Art. 59 of the Labor Code of the Russian Federation allows the employer to conclude a fixed-term employment contract to replace a temporarily absent employee, who, in accordance with the law, retains his job. Therefore, the legislation does not prohibit the employer for the period of the strike to the workplaces of the workers participating in it, to accept other workers under a fixed-term employment contract, which must be terminated after the workers who took part in the strike leave. Having this opportunity reduces the potential for workers to use strike action as a legitimate way to meet collective demands. But at the same time, employees are not deprived of the opportunity to include in the subject of a collective labor dispute a demand that the employer refuses to conclude fixed-term employment contracts with employees who are hired by persons participating in the strike. The conclusion of such an agreement improves the position of employees in comparison with the legislation, which is allowed by Art. 9 of the Labor Code of the Russian Federation. The presence of such an agreement deprives the representatives of the employer of the opportunity to use other workers in the workplace participating in the strike. In this connection, the effectiveness of the strike increases.

Based on Part 4 of Art. 414 of the Labor Code of the Russian Federation, the employer has the right not to pay employees the average wage during their participation in the strike. An exception to this rule is employees who ensure the implementation of the mandatory minimum of work (services). However, a collective agreement, agreement or agreements reached in the course of resolving a collective labor dispute may provide for the retention of the average wage for employees during their participation in a strike. Therefore, one of the collective demands formed by workers may be the imposition on the employer of the obligation to maintain the average wage for workers participating in the strike. The conclusion of such an agreement with the employer also complies with applicable law.

After the conclusion of such an agreement, the workers who took part in the strike have the right to receive average earnings for the period of the strike. This right can be exercised by employees on an individual basis in writ or action proceedings.

Employees who do not participate in the strike, but in connection with the strike, are deprived of the opportunity to perform their work and have declared in writing the beginning of downtime, are entitled to payment for downtime in accordance with Art. 157 of the Labor Code of the Russian Federation in the amount of at least two thirds of their average earnings, since downtime in this case arises for reasons that depend on the employer, whose representatives, by concluding appropriate agreements, can terminate the collective labor dispute.

Based on part 6 of Art. 414 of the Labor Code of the Russian Federation, the employer may temporarily transfer to another job employees who do not take part in the strike. In accordance with Part 1 of Art. 74 of the Labor Code of the Russian Federation, a transfer is allowed to replace a temporarily absent employee participating in a strike. The duration of such a transfer should not exceed one month during a calendar year (from January 1 to December 31).

In part 7 of Art. 414 of the Labor Code of the Russian Federation states that a collective agreement, agreement or agreements reached in the course of settling a collective labor dispute may provide for a more preferential procedure for payments compared to the law to employees who did not take part in the strike. For example, maintaining the average work during downtime due to a strike, increased payment for work (services) performed in order to ensure the minimum required work (services) approved in accordance with the law. The conclusion of such an agreement also improves the position of employees in comparison with the legislation, which is in line with Art. 9 of the Labor Code of the Russian Federation. After the conclusion of such an employment contract, employees have the right to receive payments increased in comparison with the legislation with the corresponding obligation of the employer to make such payments. This right can also be exercised in writ or claim proceedings, as well as by contacting the CCC.

In Art. 415 of the Labor Code of the Russian Federation, a lockout is prohibited, that is, the dismissal of employees at the initiative of the employer in connection with their participation in a collective labor dispute or strike. Carrying out such a dismissal is a violation of labor legislation, for which authorized representatives of the employer may be held administratively liable. In part 2 of Art. 405 of the Labor Code of the Russian Federation, the rule is fixed that representatives of employees, their associations participating in the resolution of a collective labor dispute during the period of its resolution cannot be subjected to disciplinary action, transferred to another job or dismissed at the initiative of the employer without the prior consent of the body that authorized them to represent. Thus, bringing the above persons to disciplinary responsibility, their transfer to another job, dismissal at the initiative of the employer can take place only with the prior consent of the trade union body or the general meeting (conference) of the organization or structural unit in which the collective labor dispute is being conducted, which authorized the said persons to representation under its jurisdiction. The absence of such consent is an unconditional basis for recognizing the order (instruction) on bringing to disciplinary liability, transfer, dismissal at the initiative of the administration of these persons as illegal by the state labor inspectorate or court. After that, the employee has the right to demand not only compensation for material losses, but also compensation for non-pecuniary damage.

In accordance with Part 1 of Art. 414 of the Labor Code of the Russian Federation, the participation of an employee in a strike cannot be considered as a violation of labor discipline, as well as grounds for terminating an employment contract. In part 2 of Art. 414 of the Labor Code of the Russian Federation, it is forbidden to apply disciplinary measures to workers participating in a strike. However, on the basis of Part 6 of Art. 413 of the Labor Code of the Russian Federation, after the entry into force of the court decision on recognizing the strike as illegal and handing over a copy of it to the body leading the strike, the employees have an obligation to start work the next day. Failure to comply with this obligation may be the basis for bringing employees to disciplinary liability. Thus, workers cannot be held liable for the period of the strike that has elapsed before the entry into force of a court decision declaring it illegal. That is, the basis for bringing to disciplinary responsibility is the non-execution of a court decision that has entered into legal force on recognizing the strike as illegal. The decision to recognize the strike as illegal may be made by the court of the relevant subject of the Russian Federation, it enters into force after the expiration of the ten-day period for cassation appeal or leaving it in force by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation after consideration of the cassation appeal. The decision that has entered into legal force must be handed over not only to the body leading the strike, but also be brought to the attention of the employee who is held accountable for its failure to comply. The absence of evidence confirming that the employee received a binding judgment on the basis of which he must start work does not allow him to prove his guilt in committing a disciplinary offence. In turn, the absence of a disciplinary offense does not allow applying measures of disciplinary liability to the employee. In connection with the foregoing, the following legally significant circumstances can be singled out, the proof of which makes it possible to bring an employee to disciplinary liability for participating in an illegal strike: 1) the existence of a decision that has entered into legal force on recognizing the strike as illegal; 2) bringing this decision to the attention of the body leading the strike; 3) bringing to the attention of the employee subject to disciplinary liability, information about the need to start work in connection with a court decision on the recognition of an illegal strike in which he takes part.

In accordance with Part 7 of Art. 413 of the Labor Code of the Russian Federation, the court has the right, in the presence of an immediate threat to the life and health of people, to postpone for a period of up to 30 calendar days a strike that has not begun, and to suspend a strike that has begun for the same period. A court ruling on postponing or suspending a strike may be issued when an authorized representative of the employer initiates a civil case on recognizing the strike as illegal and submits a petition to postpone or suspend the strike. This ruling as impeding the further advancement of a collective labor dispute can be appealed in cassation by filing a private complaint. Non-execution by employees of the ruling on postponing or suspending the strike that has entered into legal force is the basis for a decision to recognize it as illegal. The entry into force of this decision and its failure to comply may become the basis for bringing employees to disciplinary liability if the considered legally significant circumstances are proved. However, at the same time, the circumstances set forth in the ruling, which served as the basis for recognizing the strike as illegal, must follow from the content of substantive norms and be confirmed by a set of relevant, admissible, reliable and sufficient evidence.

In part 8 of Art. 413 of the Labor Code of the Russian Federation, the Government of the Russian Federation has been granted the right to suspend the strike until the issue of its legality is decided by the court for a period of up to ten days in cases of particular importance for ensuring the vital interests of the Russian Federation or its individual territories. Consequently, in the decision of the Government of the Russian Federation to suspend the strike, there should be a reference to the specific vital interests of the Russian Federation or its subjects that are affected by the strike that has begun. The absence of such a reference makes it possible to demand recognition of this decision as illegal in the Supreme Court of the Russian Federation. Failure to comply with the lawful decision of the Government of the Russian Federation to suspend the strike may also become a reason for its recognition as illegal in court. However, the only grounds for bringing workers participating in a strike to disciplinary liability may be a court decision that has entered into legal force declaring the strike illegal.

Thus, disciplinary liability of employees may occur after the continuation of an illegal strike recognized by a court decision that has entered into legal force.

Textbook "Labor Law of Russia" Mironov V.I.

• labor law

Keywords:

1 -1

The procedure for holding a strike is regulated by the Labor Code. But in order to avoid responsibility for its improper organization, in addition to the procedure for conducting it, it is necessary to understand what constitutes a strike in general and when its implementation is prohibited by law.

The concept of a strike under the Labor Code of the Russian Federation and its signs

As stated in Art. 398 of the Labor Code, a strike is a complete or partial temporary and voluntary refusal of workers to perform their official duties, the purpose of which is to resolve a collective labor dispute. The Judicial Collegium for Civil Cases (SKGD) of the Supreme Court, in ruling No. 48-G10-24 dated 08.10.2010, emphasized that the temporary voluntary refusal of employees to work and the existence of a collective labor dispute are two mandatory signs of a strike.

A collective labor dispute is understood as unsettled disagreements between the employer and the team of workers on a limited range of issues, including: establishing and amending working conditions, concluding and implementing collective agreements, changing their conditions, as well as disregarding the trade union or other representative body when the employer adopts internal acts .

IMPORTANT! The fact that workers disagree with certain working conditions does not indicate the existence of a collective dispute between them and the employer, since for the legal recognition of the fact of its existence, the representative body of workers or the workers themselves must put forward written demands in the manner prescribed by Art. 399 of the Labor Code of the Russian Federation.

Voluntary refusal to work must be made in the established procedure for conducting a strike, otherwise it may be interpreted as absenteeism. For coercion to participate in a strike or refusal to do so, disciplinary and administrative liability is established (Article 192 of the Labor Code of the Russian Federation, Article 5.40 of the Code of Administrative Offenses of the Russian Federation). The refusal must be temporary, that is, employees are obliged to return to work after the end of the strike, even if the outcome of the negotiations is not in their favor.

illegal strike

Even if the obligatory signs are observed, a strike can be recognized as illegal. As stated in paragraph 59 of the resolution of the Plenum of the Russian Armed Forces dated March 17, 2004 No. 2, the refusal of workers to work in order to resolve a collective dispute may be declared illegal by a court in cases where:

1. There were restrictions on the exercise of the right to strike. Its implementation is prohibited:
   • during martial and state of emergency, when special measures are announced;
   • in military and other organizations and formations created to ensure the defense and security of Russia, conduct search and rescue, firefighting, prevent and eliminate emergencies, natural disasters;
   • in law enforcement agencies;
   • representatives of the employer;
   • in companies and their separate subdivisions serving especially hazardous industries, equipment;
   • at ambulance and emergency medical aid stations;
   • in firms and their separate subdivisions that ensure the vital activity of the population, if the strike poses a threat to the defense and security of the Russian Federation, the health and life of people;
   • in other cases established by law.
2. The strike is carried out in violation of the procedure, deadlines or individual requirements established by the Labor Code (if conciliation procedures have not been carried out).
3. When deciding on a temporary refusal to work, a quorum was not reached.
4. A minority of the meeting (conference) participants voted for the decision, and if the decision was made without their convocation, the representative body did not collect the required number of signatures.
5. The required minimum work was not provided.
6. The employer was not notified of the start of the strike 5 working days before it began.

General procedure for conducting a strike

The procedure for organizing and conducting a strike is established by the Labor Code:

Don't know your rights?

1. Preliminary activities:
   • nomination by the representative body of workers or individual workers of written demands within the framework of the procedure of a collective labor dispute;
   • acceptance by the employer of the requirements put forward for consideration;
   • sending a response by the employer within up to 2 working days, except for associations of employers - for them, the period has been extended to 3 weeks;
   • conducting conciliation procedures, among which consideration of the dispute by the conciliation commission is mandatory.
2. Organization and declaration of a strike on one of two grounds:
   • conciliation procedures did not help to resolve the conflict;
   • the parties do not comply with the agreement or the decision of the labor arbitration.

NOTE! As pointed out by the Council of State Revenue Committee of the Armed Forces in the ruling of 02.07.2004 No. 43-G04-21, the procedure for organizing and conducting a strike determined by the Labor Code of the Russian Federation is imperative, therefore, when considering disputes on recognizing a strike as legal, the argument on granting the right to strike by a local legal act is untenable.

1. Directly strike, during which the parties are trying to resolve the conflict through negotiations.
2. Completion of the strike and registration of the results of negotiations.

The procedure for declaring a temporary waiver of work

Based on Art. 410 of the Labor Code of the Russian Federation, a strike is announced not at once, but in the whole procedure:

1. The representative body of workers authorized to resolve collective labor disputes convenes a meeting (conference) of employees and submits for consideration a proposal to hold a strike. The obligation to provide premises and provide for other needs of workers rests with the employer.

   In the ruling of the SCRC SC dated 23.03.2012 No. 33-G12-3, it is explained that this rule implies the rule according to which the representative body does not have the right to decide on a strike, but is only authorized to invite a meeting or conference of employees to consider this issue.

   There is only one exception: when it is impossible to convene a conference or meeting, the representative body approves its decision, having collected the signatures of more than half of the employees.

2. Before the start of the discussion, the number of employees present must reach a quorum:
   • 50% + 1 employee of all employees when calling a meeting;
   • 2/3 delegates at the conference.

     At the same time, as indicated in the definition of the SKGD of the Armed Forces of the Russian Federation of 04/09/2009 No. 59-G09-6, the Labor Code means the general, and not the phased presence of employees.

3. The issue raised is being discussed. The threshold for approval is the vote of half of the workers present. After that, the discussion of the decision to declare a strike is drawn up in accordance with the rules provided for by the Labor Code.
4. The employer is notified in writing of the upcoming refusal to work 5 working days before it starts. It is not required to provide, along with the notice, the minutes of the meeting of employees (decision of the Leningrad Regional Court dated February 13, 2007 No. 3-41 / 2007).

   The notice period is extended in a situation where the refusal is announced by the trade union. In this case, notification is sent 7 working days in advance.

   INTERESTING! In the ruling of the SKGD of the Supreme Court dated April 18, 2008 No. 45-G08-9, it is indicated that information about the beginning of the upcoming strike is provided to the organization, and namely to its executive body. If the demands of employees are handed over to the immediate supervisor, for example, the director of a branch, he is obliged to transfer the information received to the management bodies of the legal entity.

5. The employer notifies the state body dealing with the settlement of collective labor disputes about the upcoming strike.

Negotiations and the legal status of the parties during the period of their conduct

After a strike is called, the employer and the workers he employs try to resolve the dispute by continuing negotiations. During this period, they acquire specific rights and obligations.

The following standards of conduct have been established for employees:

1. They temporarily stop working, with the exception of performing the necessary minimum work. General lists, depending on the sector of economic activity in which the striking workers are involved, are established by orders of state bodies. For example, there is a List of minimum necessary work ... in the field of information technology, approved. by order of the Ministry of Telecom and Mass Communications of December 28, 2016 No. 719. Based on these lists, the employer, together with the trade union and the local government, determines a specific minimum of work.
2. They are not subject to disciplinary action related to the suspension of work, except in the case when the strike is declared illegal. During this period, dismissal due to a strike at the initiative of the employer is treated as a lockout, which entails the imposition of a fine on the employer in the range of 4000-5000 rubles.

The employer at this time acts within the following framework:

1. He is obliged to take all necessary measures to maintain public order, the safety of his property and the property of employees, to prevent the stopping of machinery or equipment if this threatens the life and health of people.
2. May not charge wages during the shutdown of work. The employer does not have the right to make such a decision in relation to employees employed at the mandatory minimum.

The end of the strike

The Labor Code of the Russian Federation practically does not regulate the final stage of the strike. Thus, when declaring a resignation from work, it is no longer required to indicate its estimated duration. Moreover, the maximum possible duration of a strike is not limited in general. Proceeding from this, the expiration of its term cannot be the basis for the termination of the strike.

The refusal of workers to work as a way to influence the employer in the framework of a labor dispute ends on 2 grounds:

• reaching an agreement by the parties to the dispute;
• refusal of workers to strike as a way to resolve the dispute.

Any actions and decisions of the parties to the dispute, including its results, based on Art. 418 of the Labor Code of the Russian Federation are drawn up using a protocol drawn up by representatives of the parties. The legislation did not establish requirements for the content of the protocol.

Responsibility of the parties

The legislator paid special attention to the responsibility of the parties coming for violation of the rules for holding a strike:

1. For avoiding receiving the demands of workers, from participating in reconciliation procedures, not providing premises for a conference or meeting, preventing them from being held under Art. 416 of the Labor Code of the Russian Federation, the representative of the employer is responsible within the framework of labor or administrative legislation:
   • under Art. 192 of the Labor Code of the Russian Federation, he is charged with a remark or reprimand, or he resigns;
   • under Art. 5.32 of the Code of Administrative Offenses of the Russian Federation, a fine is imposed on him in the range from 1000 to 3000 rubles.
2. In accordance with Art. 416 of the Labor Code of the Russian Federation on the representative of the employer or employees who are guilty of not fulfilling their obligations under an agreement concluded after conciliation procedures, or by an arbitration decision, bear administrative responsibility. The Code of Administrative Offenses stipulates the responsibility solely of the employer and his representative: a fine of 2,000 to 4,000 rubles.
3. Both the workers themselves and their representative body are responsible for an illegal strike:
   • employees may be subject to disciplinary action up to and including dismissal;
   • the court may oblige the representative body to compensate for the losses caused to the employer by the refusal to work.

IMPORTANT! Only a court can recognize a strike as illegal.

Let's summarize. Only the refusal to work is recognized as a strike, which corresponds to the signs established by the Labor Code, namely, it is temporary, voluntary and aimed at resolving a collective labor dispute. In cases provided for by law, a strike is not allowed at all (for example, for police officers).

Refusal to work must be made according to the established procedure, otherwise it will be interpreted as absenteeism, which is the basis for the dismissal of the employee. The strike begins with preliminary measures, which include the initiation of a collective dispute, failure to reach an agreement on which, even after conciliation procedures, gives workers the right to go on strike. Its results are documented.

The strike has now become a common method of resolving labor disputes. Every day in Russia, someone goes on strike. And it is possible that sooner or later each of us may become a striker. However, organizing it is not as easy as it seems at first glance.
About the current moment
Ten years ago, strikes were considered in our legislation as an extreme measure to resolve labor disputes. The right to strike is now enshrined in the Constitution. So lately strikes have become quite a common occurrence. According to Konstantin Krylov, secretary of the Federation of Independent Trade Unions of Russia, there are at least 6,000 strikes every year. The peak of strikes in the first five months of this year was in April. Then strikes were held at 946 enterprises, 52 thousand people took part in them. In May 1998, 25,000 people from 362 organizations went on strike. In June, strikes took place at 929 enterprises and organizations.
It is clear that employees of enterprises do not become strikers because of a good life. Nikolai Dmitriev, chairman of the independent trade union of flight attendants of Vnukovo Airlines: In our time, employers violate the rights of employees all the time. And they are satisfied when employees patiently demolish it. But it is worth pinning the employer to the wall - he begins to fulfill his obligations.
Why are employers most often pushed to the wall? For delayed payment of wages. Therefore, it is not surprising that public sector workers are on strike today: teachers, miners, doctors, workers, and others. Many strikes are also carried out by airline employees. Suffice it to recall the June strike of technical personnel of Vnukovo Airlines, who did not receive a salary for four months.
Often, strikes are also organized for the purpose of indexing wages, changing working conditions, and so on.
But if all of the listed demands can be a legitimate reason for a strike, then you have no right to strike for political reasons. For example, if you are a member of the Communist Party and are dissatisfied with the government's policies, please rally at the museum. V. I. Lenin. But you cannot resign your office because our President is a Democrat. Since the reason for a real, legal strike should be only a collective labor dispute.

great initiative
You can express your disagreement with the employer in different ways. For example, you can hold a protest at the workplace. It is done like this. Each employee writes a statement addressed to the head of the enterprise, for example, about the delay in paying wages and puts it on the boss's desk. Moreover, it is necessary to organize the collective filing of such individual applications. After that, you can not go to work. This method of protest was recently used by employees of the Neryungri State District Power Plant. But keep in mind that protests are not regulated by the law on the resolution of collective labor disputes. So, if strikers cannot be fired because of a strike, then protesters do not have such protection.
For actions that do not directly relate to your work duties - rallies, pickets, demonstrations, etc., you need to obtain permission from local authorities. So blocking railroads is illegal. For example, the prosecutor's office of the city of Yurga in June opened a criminal case on the fact of "going to the railroad by the labor collectives of enterprises and organizations of the city" during the all-Kuzbass protest action. The strikers are charged under Article 267 of the Criminal Code of the Russian Federation for rendering vehicles or means of communication unusable. They face 4 years in prison or a fine of up to 58,000 rubles.
Unlike protests and unauthorized pickets, there will be nothing for you to hold a strike (of course, if it is organized according to the rules). In any case, the place of work and position will remain with you. True, the employer is not obliged to pay you wages during your "downtime". Salaries - at least 2/3 of the salary - are usually received only by employees who could not perform their duties due to the fault of the strikers (for example, when flight attendants are forced to stand idle due to a strike of air traffic controllers). In addition, during the strike, lockouts are prohibited - the dismissal of workers, as well as the reorganization and liquidation of the enterprise.
According to Konstantin Krylov, there are about 20 types of strikes. For example, you may not go to work at all or go out and do nothing. A rarer option is the so-called work according to the rules, when employees work, but only in strict accordance with the rules and norms of labor: without overtime, with appropriate breaks, etc. There are also solidarity strikes in support of their colleagues from other enterprises. But they are carried out at the initiative of the trade union. So if you are a teacher, then you cannot strike in support of the miners - simply because you have different trade unions.

About compromises
So, you are tired of working for half a year without a salary and at the same time watching your boss buy new cars every month. And you think that the only way to stop this outrage is to go on strike. However, not every humiliated and insulted colleague can turn into a striker. It is forbidden to strike the military, law enforcement officers and the FSB. In addition, if your work is related to the safety of people, ensuring their health and the vital interests of society, then when you strike, you are required to perform at least a minimum of your work. Otherwise, the strike may be declared illegal. So, a nuclear power plant cannot be left completely without control: someone must support the technological process. And, for example, the Vladivostok ambulance doctors, who went on strike last week, said they would go out for emergencies such as traffic accidents, as well as for children under the age of 1 year. Doctors serve the remaining calls in absentia, that is, by phone.
But even if you do not fall into the list of those who cannot strike, do not rush to start offensive actions. Perhaps a peaceful solution to the problem would be more beneficial. In August last year, the Procter & Gamble concern, the owner of a 90% stake in JSC "Novomoskovskbytkhim", announced the reduction of a quarter of the plant's staff. As a result of negotiations between P&G and the union, the conflict was resolved. As for the reduction, it happened, but in an unconventional way: the employees who remained idle were offered to voluntarily leave the plant, receiving a one-time monetary compensation in the amount of 2 to 4.5 annual salaries for this.
If it doesn't work out well, then take action. Where to start?

What to do?
It just seems that striking is easier than working. In fact, organizing a strike is a lengthy and complicated procedure. First, you must put forward your requirements to the employer. Moreover, collectively (for example, if the employer personally violated your rights, then you will not be able to declare an "individual" strike - personal problems will have to be resolved in court). You can put forward demands only as a result of a general meeting of employees (with the participation of at least two-thirds of the team). Your claims should be clear, for example: indexing wages, improving work safety, etc.
An important point is that the requirements must be put forward in writing. Because your spiritual discomfort, not documented, has no legal force. Anatoly Solovyov, manager for social and labor relations: Somehow a message came that a strike was going on at one of the mines in the Tula region. It turns out that the miners "sat down". This means that they did not put forward any demands to the administration. They just reached the boiling point and decided not to work. In this case, the court may declare the strike illegal.
After receiving your ultimatum, the boss must respond in writing within three days. If he agrees with your requirements - the incident is over, keep your pocket wider. But if he is against your demands or does not give you an answer at all, it is still too early to strike. Since at this critical moment the so-called conciliation commission should enter into the matter - a joint body of the disputing parties, created on an equal footing. This commission is to resolve all disagreements within five days.
If, however, the matter does not reach the world, the next character will appear on the arena of struggle - an intermediary from the service for the settlement of collective labor disputes of the Ministry of Labor. If he cannot reconcile the two opposing sides, then your representatives will have to sign the so-called protocol of disagreements. And then wait for the decision of the labor arbitration. The arbitrators will review your situation and make their recommendations.
Well, if the conflict is not resolved in this case, you can finally announce the long-awaited strike. But don't forget the procedural subtleties. Thus, a strike will have to be announced at a general meeting of the collective, and at least half of those present must vote for the strike. But most importantly, you will have to warn the employer about the upcoming strike ten days before it starts (again in writing). You need to name the date and time of the start of the strike, its duration and the expected number of participants. By the way, the law does not stipulate how many people should take part in the strike. For example, with the consent of the collective, only one service or department can go on strike.
Practice shows: the closer the hour of the strike, the more likely it is that the employer will back down. For example, just a day before the flight attendants' strike of Vnukovo Airlines began, the airline's management complied with their conditions. Naturally, they did not hold a strike.

One step forward, two steps back
Suppose you have the strength to organize a strike in accordance with all the rules. But it's too early to rejoice. Because a strike may not solve your problems. In 1996, the workers of Primorskaya GRES first went on strike, and then went on a hunger strike. But the money was never paid. Somewhere, instead of money, food coupons can be issued.
In general, the minuses of holding a strike may turn out to be more than pluses. For example, innocent people may suffer from the actions of strikers. Vitaly Kovalyov, director of the state enterprise "Bykovsky air traffic control center": I believe that strikes in air transport should be banned. Still, strikes, especially in the summer, harm primarily passengers.
Anatoly Solovyov: Strikes in railway transport violate traffic safety and the interests of citizens. As soon as the movement breaks down for 30 minutes, pandemonium begins on the platform, people fall onto the rails.
There is nothing to say about the fact that your company suffers losses as a result of strikes. Yes, and the strikers themselves may have a hard time. A conflict is now flaring up between the administration of the Leningrad NPP and the trade union. The trade union, in particular, requires an increase in the salaries of employees. But, according to Anatoly Solovyov, if this requirement is met, the station may go bankrupt and close altogether. As a result, employees will be out of work.
Approximately the same thing happened in the Bykovsky air traffic control center. Last year, employees of this enterprise went on strike for six days, demanding higher wages. Their salary was raised - from 1.5 million rubles to 3.5 million old. After that, the company was on the verge of bankruptcy. Nevertheless, air traffic controllers will again strike in Bykovo this week. After it, says Vitaly Kovalev, the enterprise will go bankrupt: When I created this enterprise, we had 120 landings per day. Today - 24. Volumes are falling, and salaries are growing. It's probably right that she's growing. Another question is where to get the funds for this?
In other words, before you organize a strike, you need to think carefully about whether it will only make you worse.

YULIA IVANOVA, NATALIA KUSHELMAN

IT JUST SEEMS THAT IT IS EASIER TO STRIKE THAN TO WORK. IN FACT, ORGANIZING A STRIKE IS A LONG AND COMPLEX PROCEDURE
DURING THE STRIKE YOU WILL RESERVE YOUR PLACE AND POSITION. BUT WILL NOT BE PAYING SALARY
BEFORE YOU ORGANIZE A STRIKE, YOU NEED TO THINK - WON'T THIS WILL BE WORSE FOR YOU?

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 the norms defined by the Labor Code.

Labor dispute - definition, classification and settlement methods

A labor dispute is a disagreement in opinions that has arisen between the employer or his 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 the sectoral federal executive authorities.

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:

1. expiration of the term declared by the meeting (conference);
2. drawing up and sighting by the parties of the settlement agreement;
3. adoption by its head body of such a decision;
4. declaring it illegal. Such a decision is made by courts of various levels on the prosecutor's application 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 the imputation of a violation of labor discipline, if the strike is recognized by the court as legal, are unlawful (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 job and position, 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:

If you are tired of meager wages, humiliation at work, rudeness of the boss and constant threats of dismissal, and you want to act, try to form a group of determined people. Talk to your friends, those you trust, analyze your options. Any strike can be successful only when it is prepared by enterprising people.

Legally, through the court or other administrative bodies, it is usually impossible to achieve anything. Any large company has sufficient administrative resources to win a lawsuit. Once again - all the laws in force are written by the bourgeoisie and bosses, and serve their interests. In most cases, we are not protected by papers, collective agreements, courts. If it were possible to prove the workers' truth in court, if workers were protected by collective agreements, life would have been completely different for a long time. Even if we learn to use this or that law in our own interests, the authorities will simply cancel it over time.

Business has power, connections. He understands only one language - the language of power. And the power is in our hands until the bosses figured out and fired active people. Therefore, let the group that prepared the strike, and those who wish to join it, act secretly from the authorities. Maintain and expand ties in the workforce, look for people you can rely on. The next strike will be successful only if it is unexpected by the authorities.

Small and medium bosses are no better than big bosses. There is no point in listening to them. You can't trust them. All of them are part of a single whole, a single team. To win, you need to speak to them from a position of strength.

The bosses should not be present when the workers discuss the conditions put forward, when discussing the progress of the strike, etc. The authorities are invited to negotiations when the workers have already agreed, accepted and declared their position. If during the negotiations the workers hesitated, it is necessary to drive out the bosses for the time of resolving the contradictions, or, at worst, step aside and discuss everything, and then return to the negotiations again.

The bosses will ask - to understand their situation, to take into account their problems. You can't fall for this trick. All bosses are bastards! They rob, cheat, cheat, humiliate and fire us. They never understand our position. Why should we take them into account?

An officially registered trade union will not save you. If you don't already know, many trade union officials are connected with the authorities and do not want to quarrel with them. Others may sympathize with the workers, but due to the fact that they "lit up" with the authorities, there is little they can do to help. They are not needed to organize the struggle.

Activists who are preparing a strike should not attract the attention of their superiors. The group (underground workers' union, strike committee, etc.) operates anonymously, secretly from the authorities, and observes security measures.

Agree on how you will proceed. At the right moment, for example before the start of the shift, jointly address all other workers with an appeal not to start work. If things go well, it will be necessary to hold a meeting that will formulate the basic requirements for the authorities, elect by strike, who will coordinate the course of the strike.

The strike should come as a surprise to the authorities. The worst thing you can do is notify your superiors in advance of a strike or threaten to strike. The authorities will take appropriate measures in advance, and those who make empty threats will be fired.

It is best to start a strike at the most inconvenient and most responsible moment for the authorities (to disrupt an important order or that work, the termination of which entails the stoppage of neighboring sections).

It is necessary that other divisions (workshops) see the strike. You need to try to convince them to support you. The more participants in the strike and the more units involved in it, the greater the likelihood of success. It is necessary to coordinate the requirements with the workers of other departments (shops) who want to join the strike. This is vital. Sometimes workers think: it is easier to get a salary from the bosses for their department (workshop) than for the entire workforce of the company, and what do we care about other departments. But practice shows that the opposite is true: the more participants in the strike, the greater the fear of the employer, the greater the chances of workers to achieve their demands. If you act on the principle of solidarity - "I will help you, and you will help me tomorrow", you can succeed. If you act according to the principle - every man for himself (my hut is on the edge), then the chances are much less.

The entire course of the strike must be controlled by a meeting of workers - participants in the strike. The most important decisions should be made only by the general meeting. A strike committee (council) must be elected to coordinate the course of the strike. But remember that the congregation must never let go of the right to make decisions on all major issues.

Individual worker delegates to the strike committee can be easily intimidated by threatening them with dismissal, or bribed, so they can decide in favor of their superiors. And it's not good for everyone else. If the delegates are not following the instructions of the meeting, replace them.

Let the authorities negotiate with the general meeting! Or, let the representatives of the workers report on their negotiations, and the assembly decides whether they approve of their actions or not. If not, let the congregation recall them and replace them.

As long as the workers are together, they are strong. Each one alone will crush the authorities. During one of the strikes, the director demanded - tell me who is in charge, I will talk to him. The workers answered - we don’t have the main thing, talk to everyone. As a result, after a strike that lasted a week, no one was released.

twist. During one of the strikes, the director demanded - tell me who is in charge, I will talk to him. The workers answered - we don’t have the main thing, talk to everyone. As a result, after a strike that lasted a week, no one was released.

After the strike, do not write any explanations, do not discuss anything with your superiors alone, speak with them only in public. Do not allow yourself to be humiliated and intimidated. And remember: any collusion with the enemy is a betrayal.

During or after the strike, deputies, city hall officials can come. They will promise help, will begin to persuade the workers to show flexibility in the negotiations. Then on television they will present the case as if the movement was organized by them. Never trust politicians no matter what they say. All deputies, officials, etc. are bureaucrats who want to become even greater bosses. For them, the strikers are cannon fodder, an occasion for self-promotion, a means for conducting an election campaign. Do not trust the officials, do not trust the deputies.

Return to work in case the bosses fulfill all the requirements, waiting for the right moment for a new strike in order to beat out new concessions from the bosses.

What else can you do during a strike besides the strike itself?

It is known that pensioners who blocked the roads achieved the restoration of a significant part of their benefits. Look at France, Spain. There, the strikers often achieve their goals in the course of the seizure of enterprises. Draw your own conclusions. Soak up best practices.