A strike is sometimes the only way to achieve “mutual understanding” with a leadership that ignores the wishes of its employees. According to the Labor Code (hereinafter - TC), the reason for this action may be a delay or non-payment of salaries, irregular working hours, non-provision of leave, etc. The employer has no right to refuse negotiations with the organizers of the strike.
You will need
- - general meeting of the team;
- - written requirements for the employer;
- - creation of a conciliation commission;
- - protocol of disagreements;
- - written notice to the employer.
Instruction manual
1
The right to strike is enshrined in article 37 of the Constitution of the Russian Federation as a legal means of protecting one’s rights and interests. Moreover, Art. 415 of the Labor Code says that dismissing workers involved in this collective labor dispute is illegal. Coercion by management to abandon a strike is also illegal. Moreover, for holding meetings, the enterprise administration is obliged to provide strikers with a special room.
2
But before organizing a strike, hold a general meeting of employees (at least 2/3 of the team) and formulate requirements for the administration of the enterprise. Your complaints must be clear and specific. For example, to increase labor safety, index wages, etc.
3
Put forward your requirements in writing to the employer so that they have legal force. Wait for his answer. He must answer you within three days.
4
In case of refusal to make concessions, organize a conciliation commission of representatives of the employer and employees. She must resolve all your differences within five days. If it was not possible to reconcile, a special mediator from the Ministry of Labor deals with the settlement of collective disputes. In the case when he is also unable to do so, the so-called protocol of disagreements is signed between the opposing parties. Labor arbitration is also involved in resolving the conflict.
5
If the conflict is not settled, hold a general meeting of the team and declare a long-awaited strike. At least half of those present should vote for it. Record all information about the meeting in the minutes.
6
10 days before the strike, notify the employer of its holding in writing. What is the date and time of the start of the strike, the estimated number of participants and the duration. By the way, the law does not determine how many people can take part in the strike. It can be either the whole team, or one service or department.
note
Pay attention to all the legal subtleties of the organization of the strike, otherwise it may be recognized as illegal and the strikers will lose their jobs.
Useful advice
Also note that not all categories of employees are allowed to go on strike. They are prohibited for the military, law enforcement officers and the FSB, emergency doctors, that is, those people whose work is related to the safety of people, protecting their health and the vital interests of society.
