VANGUARD
of RED YOUTH  

LABOUR RUSSIA


Official Website of the Vanguard of Red Youth of Labour Russia | www.TRUDOROS.narod.ru | trudoros@narod.ru | Обновление от 01.01.07


A Legal Strike Is Almost Impossible in Russia

 

   This is the essence of the panel discussion having taken place yesterday on October, 19 in the State Duma in which generally representatives of free trade unions participated (from the Federal Air-Traffic Controllers’ Trade Union, the Russian Railway Locomotive Crews’ Trade Union, the “Socprof”, the “Defense of Labour”…). So, they decided to begin their fight for introduction of amendments into the current Labour Code which embarrasses the procedure of a strike very much and violates the regulations of the International Labour Organization (ILO) which Russia belongs to.

   The chairman of the panel discussion Victor Tyulkin reminded in this connection that at the 93rd session of the World Labour Confederation (May, 31 – June, 16, 2005) claims were addressed to Russia concerning the right for a strike limitation.

   First, the procedure of starting a strike is embarrassed very much (the Article 410 of the Labour Code). It is illegal besides a labour dispute concerning the collective agreement. To consider a strike legal the decision must be taken by a meeting or a conference of the enterprise workers (but not trade unions members or employees of a certain occupation). Herewith the quorum of consideration a meeting legal is very high – not less than a half (or two thirds before the recent amendments) of all workers should be present. The decision of declaring a strike is considered adopted if at least half of attendees of the meeting had voted for it. Finally, workers should point out the duration of the strike in advance (so, a termless strike is illegal, it is forbidden to declare a strike until the demands are fulfilled).

   Second, the list of occupations for which strikes are forbidden at all is very large (for example, air-traffic controllers and the majority of railwaymen are forbidden to be on strike).

   Third, a solidarity strike is forbidden at all. Thus, it is forbidden to reveal solidarity with workers of another enterprise or to begin a general strike in protest against economic or social course of the government.

   In fact all these limitations make a legal strike impossible and devaluate this main tool of wage workers’ struggle very much. That’s how the Russian legislation differs from the so-called “civilized” countries’ labour legislation. And foremost it hinders the wage workers represented by the most active part of them from the possibility to oppose the employers’ policy head-to-head.

   Besides, according to the director of the Social and Labour Rights Centre Elena Gerasimova’s report at the panel discussion the law-enforcement practice concerning strikes questions was formed not in favour of workers and trade unions. For example, practice of employers and prosecutor office representatives impleading to court to find a declared strike illegal is very wide-spread. Courts take decisions to find such strikes illegal on majority of such cases even before the strike beginning and so make the workers to stop the strike. The Supreme Court often recalls the judgement of finding the strike illegal but time is missed and workers are not already in a strike position.

   That’s why when a strike occurs it takes place spontaneously, round about or violating procedures that threats workers with punishment. So workers are more and more forced to turn to other forms of protest – either hidden forms of resistance (violations, inaccuracy, spoilage, absenteeism) or extreme forms of spontaneous protest such as hunger strikes, mass dismissals, blocking off traffic, etc.

   Several times notes and condemnations on non-democratic legislation character in the field of strikes came from the International Labour Organization (ILO). But the only amendment (submitted by the law 90-FZ on June, 30, 2006 and came into force since October, 6, 2006) touched the workers’ meeting quorum taking the decision of a strike (reduction from 2/3 to 1/2) which doesn’t facilitate the task essentially.

   Unlike the government’s and the “United Russia’s” public speeches one may affirm easily that strikes are almost illegal in Russia.

   Herewith it is worth mentioning that the largest trade-union affiliation in Russia (the Russian Federation of Independent Trade Unions– RFITU) is not bothered by this problem at all. The “United Russia” Deputy Andrey Isaev who represents the RFITU leadership at the same time didn’t even rule out his presence at the panel discussion, moreover, he promulgates with all his might the new “progressive” Labour Code adopted, among all, due to the RFITU’s efforts…

   And the recent amendments to the Labour Code come into force on October, 6, 2006 even worsen the situation and provide full predomination of employers over workers.

   That’s why free trade unions initiate a campaign for bringing amendments to the Labour Code according to the ILO recommendations, directed mainly at gaining the right for a strike.

   Carine Clement, the “Collective Action Institute” (CAI)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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