Legal Encyclopedia. Letter W

STRIKE

It is a temporary voluntary refusal of workers to fulfill labor obligations (fully or partially) to resolve the collective labor dispute.

Workers or their representatives shall be entitled to proceed with the organization of the west in the following cases:

1) If conciliation does not lead to the resolution of a collective labor dispute;

2) if the employer refuses to conduct conciliation procedures;

3) If the employer does not comply with the agreement reached in the course of settling a collective labor dispute.

Procedure C involves several steps:

1) a decision on declaring Z .;

2) classified H. and warning to the employer;

3) cessation of work;

4) C suspension, if necessary;

5) agreement (or recognition Z. illegal) and the termination of Z.

Participation in the west is voluntary. No one can be forced to participate or refuse to participate in it. Persons forcing employees to participate or refuse to participate in the west, shall bear disciplinary, administrative or criminal liability.

Z. headed body representing the employees. This body shall be elected at the same time making a decision on the west and has the right to convene a meeting (conference) of employees, to receive from the employer information on issues affecting the interests of workers, to involve experts for the preparation of opinions on controversial issues. Powers Authority, heading west, terminate upon signing by the parties of the agreement on the settlement of a collective labor dispute or in case of recognition of Z. illegal.

At the time of the west side of the collective labor dispute are required

further the resolution of this dispute through conciliation procedures, which usually end up in an agreement on the settlement of collective labor dispute. In this case, C is terminated.

The employer, the executive authorities, local government bodies and the body leading the west, are obliged to take all measures within their power to ensure public order during the period of Z., safety of property of the organization and employees, as well as the operation of machinery and equipment, which poses an immediate stop threat to human life or health. One of the duties of employees in the course of the C is to provide the minimum required work, which is determined by agreement of the parties, together with the executive authorities or local authorities within five days of the decision to declare Z. If no agreement is reached, the minimum necessary for the public works and services established by the executive power. When failure to provide the minimum necessary works and services Z. can be found to be illegal.

During the C may need to suspend it. Pause Z. has the right, the head of its body. To resume Z. does not require re-examination of the dispute by the conciliation commission or in labor arbitration. The employer and the service for the settlement of collective labor disputes should be warned about the resumption of Z. not later than 3 working days.

Z. terminated if:

1) resolution of a collective labor dispute and the conclusion of the relevant agreement;

2) the decision to terminate Z. authority of its heads;

3) the court's decision on the recognition of Z. illegal.

The right to the west, guaranteed by the Constitution of the Russian Federation, must not violate the rights and freedoms of others, and may be limited by federal law, but only to the extent that this is necessary in order to protect the constitutional order, morality, health, rights and legitimate interests other persons, national defense and state security.

They are illegal and are not allowed W .:

1) during the introduction of martial law or a state of emergency or special measures in accordance with the laws of the state of emergency;

2) bodies and organizations of the Armed Forces and other military, paramilitary and other formations and organizations in charge of national defense, national security, emergency response, search and rescue, fire works, prevention or elimination of natural disasters and emergencies;

3) law enforcement;

4) organizations directly serving particularly dangerous types of production or equipment at the stations of emergency medical assistance;

5) in the organizations associated with the provision of vital functions (power supply, heating, heating, water, gas, air, rail and water transport, communications, hospitals), in the event that carrying C endangers national defense and state security, life and human health.

Also Z. can be found to be illegal,

if it had been declared without taking into account the terms complying with the necessary procedures and requirements stipulated by the Labour Code.

In connection with the Z. workers law provides certain guarantees. The participation of workers in the west could not be regarded as a violation of labor discipline and the grounds for termination of an employment contract, except in cases of dereliction of duty cease Z., which is illegal. It is also forbidden to apply to the employees participating in the west, measures of disciplinary responsibility for

except for specific cases.

The employer has the right not to pay workers wages during their participation in the west, with the exception of workers engaged in the implementation of the mandatory minimum of works (services).

Collective agreement or agreements reached in the course of settling a collective labor dispute, compensation payments to workers participating in C employees who are not participating in the west can be provided, but with regard to its conduct did not have the possibility to do their job and to declare in writing form the beginning

downtime, the payment is made in the manner and amount established by the Labour Code. The employer has the right to transfer these employees to other work in the manner prescribed by the labor legislation.

In the case of dismissal of employees in connection with the resolution of a collective labor dispute, and ad Z. employer or its representatives may be subject to administrative liability.

TC RF can be installed unequivocal ban on lockouts. Lockout - dismissal by the employer of workers in connection with their participation in the collective labor dispute or in Z. Workers can not be dismissed at any stage of the collective labor dispute, including the stage Z. Z. If found to be illegal, but workers continued her participate and have started to work, the employer has the right to bring them to disciplinary responsibility.