In the course of work, conflicts can arise between the employer and employees. The right to strike as a way to resolve a labor conflict is assigned to workers in Article 37 of the Constitution of the Russian Federation. The reason for its announcement may be non-payment or delay of wages, failure to provide labor leaves, coercion to perform work that is not provided for in the employment contract, etc.
Instructions
Step 1
If you believe that the rights of workers in your company are being violated, you must formulate claims and requirements and refer them to the employer. The labor collective can be represented by both the trade union and any body chosen by the workers. The employer is obliged to inform representatives of the labor collective about his decision within 2 days after receiving the requirements. The employers' association must receive a response within 3 weeks (Article 400 of the Labor Code of the Russian Federation).
Step 2
If the employer does not agree to meet your requirements, a conciliation commission starts working. This is a mandatory step in the settlement of labor disputes. Evasion of participation in the work of the conciliation commission by the parties to the labor conflict is a violation of the law (Article 401.4 of the Labor Code of the Russian Federation). The commission is formed from representatives of the conflicting parties on an equal footing and begins work no later than 3 days after the start of the labor conflict.
Step 3
Delegate competent, experienced, cold-blooded representatives of your team to participate in the commission, who will be able to defend your common interests. A labor dispute must be resolved within 3 to 5 days, depending on the level of the conflict. The decision of the conciliation commission is binding on both parties (Article 402 of the Labor Code).
Step 4
If it is not possible to reach an agreement with the employer, the search for ways to reach an agreement continues with the participation of an intermediary. His candidacy must be agreed with both parties within 2 days. If the problem cannot be resolved within 3 to 5 days, the dispute is transferred to labor arbitration (Article 403.4 of the Labor Code). The decision of the arbitrator is binding on both parties in the event that, according to the law, the labor collective does not have the right to hold strikes.
Step 5
This right is denied to military and paramilitary formations, on which the country's defense and security depend, employees of medical institutions and services that directly provide the population with heat, water, and electricity. All other labor collectives have the right to strike if they are not satisfied with the decision of the labor arbitration.
Step 6
If you decide that a strike is your only way out, you need to get the consent of the work collective. The decision can be made at a meeting of the labor collective, a conference of its representatives, or by collecting signatures of employees. The meeting must be attended by more than 50% of employees, at the conference - at least 2/3 of its participants.
Step 7
The issue is considered resolved if at least half of the audience voted for it, or if the application was signed by at least half of the employees. Keep in mind that the employer is obliged to provide the team with the opportunity and place to hold a meeting.
Step 8
You must notify the employer about the strike 5 days in advance, the employers' association - one week in advance. In the decision, indicate the following points: - the reasons for the strike; - the date and time of its beginning, the number of participants. It should be borne in mind that the strike cannot begin later than 2 months of the date specified in the decision; - the name and composition of the body that will lead the strike; - the minimum list of work that employees are ready to perform during the strike (Article 410 of the Labor Code of the Russian Federation).
