Do workers have the right to strike? Legal and illegal strikes under the Labor Code of the Russian Federation, features of their conduct

Strike as a way to resolve a collective labor dispute

In accordance with Article 37 of the Constitution of the Russian Federation, the right of workers to strike is recognized as a way to resolve a collective labor dispute. According to Article 398 of the Labor Code of the Russian Federation strike - This is a temporary voluntary refusal of employees to perform labor duties (in whole or in part) in order to resolve a collective labor dispute. This definition of a strike allows us to distinguish it signs.

1. Strike– collective action, one worker cannot go on strike. This right belongs to the collective (workers, trade union members). It is possible for workers in a certain industry, profession, or region to declare a strike, since they are a party to collective bargaining and can enter into a collective labor dispute. However, a decision taken at this level by a trade union (association of trade unions) to hold a strike cannot formally serve as a basis for stopping work. It must be approved by a decision of the general meeting (conference) of workers of each organization taking part in a collective labor dispute.

2. Strike– this is a temporary action; there cannot be indefinite strikes.

3. Strike is a voluntary action. No one can be forced to participate or refuse to participate in a strike. According to Article 409 of the Labor Code of the Russian Federation, persons who force workers to participate or refuse to participate in a strike bear disciplinary, administrative, and criminal liability.

4. Strike is a means of resolving a collective labor dispute. In the absence of a collective labor dispute, a strike cannot be carried out. The procedure for considering individual labor disputes established by Chapter 60 of the Labor Code of the Russian Federation does not imply strike actions.

5. Strike- This is a promotion that is carried out only by employees. Representatives of the employer do not have the right to organize a strike or take part in it. Workers or their representatives have the right to start organizing a strike in the following cases:

If the conciliation procedures did not lead to the resolution of the collective labor dispute;

If the employer avoids conciliation procedures;

If the employer does not comply with the agreement reached during the resolution of a collective labor dispute. The procedure for conducting a strike includes several stages 1: 1) making a decision to declare a strike; 2) calling a strike and warning the employer; 3) termination of work and conciliation procedures; 4) suspension of the strike if necessary; 5) reaching agreement (or recognizing the strike as illegal) and ending the strike.

Announcing a strike. According to Article 410 of the Labor Code of the Russian Federation, the decision to declare a strike is made at a meeting (conference) of workers of an organization (branch, representative office, other separate structural unit) at the proposal of the representative body of workers, which was previously authorized by workers to resolve a collective labor dispute. If the decision to declare a strike is made by a trade union (association of trade unions), then it must be approved for each organization at a meeting (conference) of workers of this organization.

A meeting (conference) of employees is considered valid if at least two-thirds of the total number of employees (conference delegates) is present. The decision to hold a strike is considered adopted if at least half of the workers present at the meeting (conference) vote for it. The employer is obliged to provide premises and create the necessary conditions for holding a meeting (conference) of employees and has no right to interfere with its holding.

If it is impossible to hold a meeting (conference) of workers, then the representative body of workers has the right to approve its decision to hold a strike by collecting the signatures of more than half of the workers in support of the strike.

The decision to declare a strike must include the following information:

A list of disagreements between the parties to a collective labor dispute, which are the basis for declaring and conducting a strike;

The date and time of the start of the strike, its expected duration and the expected number of participants;

The name of the body leading the strike, the composition of employee representatives authorized to participate in conciliation procedures;

Proposals for the minimum necessary work (services) performed in an organization, branch, representative office, or other separate structural unit during the strike.

This decision must be communicated to the employer in writing. Having received a decision from employees to go on strike, the employer notifies the Service for the Settlement of Collective Labor Disputes about the upcoming strike.

The strike is led by a representative body of workers. According to Article 411 of the Labor Code of the Russian Federation, he has the right to convene meetings (conferences) of employees, receive information from the employer on issues affecting the interests of employees, and attract specialists to prepare opinions on controversial issues.

Current Russian legislation provides two types of strikes: precautionary and basic.

Warning strike can be carried out once within one hour after five calendar days of work of the conciliation commission. The employer must be notified in writing of this strike no later than three working days in advance. When conducting a warning strike, the body leading it provides the minimum necessary work (services).

About the beginning of the upcoming main strike the employer must be notified in writing no later than ten calendar days in advance.

Responsibilities of the parties to a collective labor dispute during a strike. During the strike, the parties to a collective labor dispute are obliged to continue resolving this dispute through conciliation procedures. Conciliation procedures during a strike usually end with the conclusion of an agreement to resolve a collective labor dispute. In this case, the strike is terminated.

In addition, the employer, executive authorities, local government authorities and the body leading the strike are obliged to take measures depending on them to ensure public order during the strike, the safety of the property of the organization (branch, representative office, other separate structural unit) and workers, as well as operation of machines and equipment, the shutdown of which poses a direct threat to the life and health of people.

One of the most important responsibilities of workers during a strike is to ensure the minimum necessary work. Minimum required work (services) is a list of work that must be performed during a strike in order to prevent harm to life and health, the safety of people and the vital interests of society 2.

A list of the minimum required work (services) in organizations, branches, representative offices, the activities of which are related to the safety of people, ensuring their health and vital interests of society, in each sector (sub-sector) of the economy is developed and approved by the federal executive body, which is entrusted with coordination and regulation of activities in the relevant sector (sub-sector) of the economy, in agreement with the relevant all-Russian trade union. If there are several all-Russian trade unions operating in a sector (sub-sector) of the economy, the list of the minimum required work (services) is approved in agreement with all all-Russian trade unions operating in the sector (sub-sector) of the economy.

The procedure for developing and approving a list of the minimum required work (services) must be determined by the Government of the Russian Federation.

Based on lists of the minimum necessary work (services) developed and approved by the relevant federal executive authorities, the executive authority of the constituent entity of the Russian Federation develops and approves, in agreement with the relevant territorial associations of trade union organizations (associations of trade unions), regional lists of the minimum necessary work (services), specifying the content and determining the procedure for applying federal sectoral lists of the minimum required work (services) on the territory of the relevant constituent entity of the Russian Federation.

The minimum required work (services) in an organization, branch, or representative office is determined by agreement of the parties to a collective labor dispute together with the local government body on the basis of lists of the minimum necessary work (services) within five days from the date of the decision to declare a strike. The inclusion of a type of work (service) in the minimum required work (service) must be motivated by the likelihood of causing harm to health or a threat to the lives of citizens. The minimum required work (services) in an organization, branch, or representative office cannot include work (services) that are not provided for in the relevant lists of the minimum necessary work (services).

If an agreement is not reached, the minimum required work (services) in the organization (branch, representative office) is established by the executive authority of the constituent entity of the Russian Federation. The decision of this body, establishing the minimum required work (services) in an organization, branch, representative office, can be appealed by the parties to a collective labor dispute in court.

If the minimum required work (services) is not provided, the strike may be declared illegal.

During a strike, it may become necessary to suspend it. Suspend the strike the body that heads it has the right. To resume a strike, a reconsideration of the dispute by a conciliation commission or labor arbitration is not required. The employer and the Service for Settlement of Collective Labor Disputes must be notified of the resumption of the strike no later than three working days in advance.

While securing the right of workers to strike, the legislator also provided for the possibility of limiting it. In accordance with Article 55 of the Constitution of the Russian Federation and Article 413 of the Labor Code of the Russian Federation are illegal and strikes are not allowed :

a) during periods of martial law or a state of emergency or special measures in accordance with the legislation on a state of emergency; in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense, state security, emergency rescue, search and rescue, fire fighting, prevention or liquidation of natural disasters and emergency situations; in law enforcement agencies; in organizations directly servicing particularly dangerous types of production or equipment, at ambulance and emergency medical care stations;

b) in organizations related to ensuring the livelihoods of the population (energy supply, heating and heat supply, water supply, gas supply, aviation, rail and water transport, communications, hospitals), if the conduct of strikes poses a threat to the defense of the country and the security of the state, life and people's health.

The right to strike may be limited by federal law. Thus, the Federal Law “On the Fundamentals of Civil Service” 3 provides that civil servants do not have the right to take part in strikes. It is prohibited for police officers to stop working as a means of resolving a collective labor dispute 4 .

A strike in the presence of a collective labor dispute is illegal if it was declared without taking into account the deadlines, procedures and requirements provided for by the Labor Code.

Decision to declare the strike illegal accepted by the supreme courts of the republics, regional, regional courts, courts of federal cities, courts of the autonomous region and autonomous districts at the request of the employer or prosecutor. The court decision is brought to the attention of workers through the body leading the strike, which is obliged to immediately inform the strike participants about the court decision.

The most important and most common ground in practice for declaring a strike illegal is a violation of the procedures for resolving a collective labor dispute. Such violations include:

Violation of the deadlines provided for in Articles 399-404,410 of the Labor Code of the Russian Federation;

Declaring a strike without conducting conciliation procedures;

Conducting a strike without determining the minimum required work (services) or in violation of the agreement on the minimum;

Declaring a strike in violation of the order provided for in Article 410 of the Labor Code of the Russian Federation;

Failure to comply with the requirements of Article 412 of the Labor Code of the Russian Federation on ensuring public order, safety of property, continued operation of machinery and equipment, the stop of which poses an immediate threat to the life and health of people;

Organization of a strike by representatives of the employer (Part 5 of Article 409 of the Labor Code of the Russian Federation), etc.

According to Article 413 of the Labor Code of the Russian Federation, a court decision declaring a strike illegal, which has entered into legal force, must be immediately executed. Workers are obliged to stop the strike and begin work no later than the next day after delivering a copy of the said court decision to the body leading the strike.

If there is an immediate threat to the life and health of people, the court has the right to postpone a strike that has not started for up to 30 days, and suspend a strike that has begun for the same period.

In cases of particular importance for ensuring the vital interests of the Russian Federation or its individual territories, the Government of the Russian Federation has the right to suspend the strike until the issue is resolved by the relevant court, but for no more than ten calendar days.

In cases where a strike cannot be carried out, a decision on a collective labor dispute is made within ten days by the Government of the Russian Federation.

Guarantees and legal status of workers in connection with holding a strike . According to Article 414 of the Labor Code of the Russian Federation, an employee’s participation in a strike cannot be considered a violation of labor discipline and cannot serve as a basis for terminating an employment contract, except in cases of failure to fulfill the obligation to stop a strike if it is declared illegal.

The employer is prohibited from applying disciplinary measures to employees participating in a strike, except in cases where the strike is declared illegal and the employees have not started work.

During the strike, the workers participating in it retain their place of work and position. But the employer has the right not to pay workers wages during their participation in the strike, with the exception of workers engaged in performing a mandatory minimum of work (services). A collective agreement, agreement or agreements reached during the resolution of a collective labor dispute may provide for compensation payments to employees participating in a strike.

For those employees who do not participate in the strike, but due to it are not able to perform their work and have declared in writing about the start of downtime due to this, payment for downtime through no fault of the employee is made in accordance with Article 157 of the Labor Code of the Russian Federation in in the amount of two thirds of the tariff rate (salary). The employer has the right to transfer these employees to another job. A collective agreement, agreement or agreements reached during the resolution of a collective labor dispute may provide for a more preferential procedure for payments to employees not participating in the strike.

In the process of resolving a collective labor dispute, including a strike, the employer does not have the right to apply a lockout, which, according to Article 415 of the Labor Code of the Russian Federation, means the dismissal of workers at the initiative of the employer in connection with their participation in a collective labor dispute or in a strike. If the employer dismisses workers in connection with a collective labor dispute and a strike, he may be held liable in the form of an administrative fine in the amount of forty to fifty times the minimum wage 5 .

Article 409. Right to strike

In accordance with Article 37 of the Constitution of the Russian Federation, the right of workers to strike is recognized as a way to resolve a collective labor dispute.

If conciliation procedures do not lead to the resolution of a collective labor dispute, or the employer (his representatives) or representatives of employers avoid participating in conciliation procedures, do not comply with the agreement reached during the resolution of a collective labor dispute, or do not comply with a labor arbitration decision that is binding on the parties , then workers or their representatives have the right to begin organizing a strike, except for cases when, in accordance with parts one and two of Article 413 of this Code, a strike cannot be held in order to resolve a collective labor dispute.

Participation in the 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 bear disciplinary, administrative, and criminal liability in the manner established by this Code and other federal laws.

Representatives of the employer do not have the right to organize a strike or take part in it.

Article 410. Declaration of a strike

The decision to declare a strike is made by a meeting (conference) of employees of an organization (branch, representative office or other separate structural unit), individual entrepreneur at the proposal of the representative body of employees, previously authorized by them to resolve a collective labor dispute.

The decision on the participation of employees of a given employer in a strike declared by a trade union (association of trade unions) is made by a meeting (conference) of employees of a given employer without conducting conciliation procedures.

A meeting of employees of a given employer is considered valid if at least half of the total number of employees is present. A conference of employees of a given employer is considered valid if at least two-thirds of the conference delegates are present.

The employer is obliged to provide premises and create the necessary conditions for holding a meeting (conference) of employees and has no right to interfere with its holding.

The decision is considered adopted if at least half of the employees present at the meeting (conference) vote for it. If it is impossible to hold a meeting (conference) of workers, the representative body of workers has the right to approve its decision by collecting the signatures of more than half of the workers in support of the strike.

After five calendar days of work by the conciliation commission, a one-hour warning strike may be declared once, of which the employer must be notified in writing no later than three working days in advance.

When conducting a warning strike, the body leading it provides the minimum necessary work (services) in accordance with this Code.

The employer must be notified in writing of the start of the upcoming strike no later than ten calendar days in advance.

The decision to declare a strike shall indicate:

a list of disagreements between the parties to a collective labor dispute, which are the basis for declaring and conducting a strike;

date and time of the start of the strike, its expected duration and the expected number of participants. In this case, the strike cannot be started later than two months from the date of the decision to declare a strike;

the name of the body leading the strike, the composition of employee representatives authorized to participate in conciliation procedures;

proposals for the minimum necessary work (services) performed during the strike by employees of an organization (branch, representative office or other separate structural unit), individual entrepreneur.

The employer warns the relevant state body for the settlement of collective labor disputes about the upcoming strike.

In the event that the strike was not started within the period determined by the decision to declare a strike, further resolution of the collective labor dispute is carried out in the manner established by Article 401 of this Code.

Article 411. Body leading the strike

The strike is led by a representative body of workers. The body leading the strike has the right to convene meetings (conferences) of workers, receive information from the employer on issues affecting the interests of workers, and attract specialists to prepare opinions on controversial issues.

The body leading the strike has the right to suspend the strike. To resume a strike, a reconsideration of the dispute by a conciliation commission or labor arbitration is not required. The employer and the relevant state body for the settlement of collective labor disputes must be notified of the resumption of the strike no later than three working days.

Article 412. Obligations of the parties to a collective labor dispute during a strike

During the strike, the parties to a collective labor dispute are obliged to continue resolving this dispute through conciliation procedures.

The employer, executive authorities, local government authorities and the body leading the strike are obliged to take measures within their control to ensure public order during the strike, the safety of the property of the employer and employees, as well as the operation of machinery and equipment, the stoppage of which poses an immediate threat to life and health of people.

List of the minimum necessary work (services) performed during the strike by employees of organizations (branches, representative offices or other separate structural units), individual entrepreneurs, whose activities are related to the safety of people, ensuring their health and vital interests of society, in each industry (sub-industry) ) of the economy is developed and approved by the federal executive body, which is entrusted with the coordination and regulation of activities in the relevant sector (sub-sector) of the economy, in agreement with the relevant all-Russian trade union. If there are several all-Russian trade unions operating in a sector (sub-sector) of the economy, the list of the minimum required work (services) is approved in agreement with all all-Russian trade unions operating in the sector (sub-sector) of the economy. The procedure for developing and approving the list of minimum required works (services) is determined by the Government of the Russian Federation.

The executive body of the constituent entity of the Russian Federation, on the basis of lists of the minimum necessary work (services), developed and approved by the relevant federal executive authorities, develops and approves, in agreement with the relevant territorial associations of trade union organizations (associations of trade unions), regional lists of the minimum necessary work (services) , specifying the content and determining the procedure for applying federal sectoral lists of the minimum required work (services) on the territory of the corresponding constituent entity of the Russian Federation.

The minimum necessary work (services) performed during the strike by employees of an organization (branch, representative office or other separate structural unit), individual entrepreneur, is determined by agreement of the parties to a collective labor dispute together with the local government on the basis of lists of the minimum necessary work (services) within a five-day period. period from the date of the decision to declare a strike. The inclusion of a type of work (service) in the minimum required work (service) must be motivated by the likelihood of causing harm to health or a threat to the lives of citizens. The minimum required work (services) cannot include work (services) that is not provided for in the relevant lists of the minimum required work (services).

If an agreement is not reached, the minimum required work (services) is established by the executive authority of the constituent entity of the Russian Federation.

The decision of this body, establishing the minimum required work (services), can be appealed by the parties to a collective labor dispute in court.

If the minimum required work (services) is not provided, the strike may be declared illegal.

Article 413. Illegal strikes

In accordance with Article 55 of the Constitution of the Russian Federation, strikes are illegal and not allowed:

a) during periods of martial law or a state of emergency or special measures in accordance with the legislation on a state of emergency; in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations, organizations (branches, representative offices or other separate structural units) directly responsible for ensuring the country's defense, state security, emergency rescue, search and rescue, fire fighting, prevention or elimination of natural disasters and emergency situations; in law enforcement agencies; in organizations (branches, representative offices or other separate structural units) directly servicing particularly dangerous types of production or equipment, at ambulance and emergency medical care stations;

b) in organizations (branches, representative offices or other separate structural units) directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, aviation, rail and water transport, communications, hospitals), if the strikes pose a threat to the defense of the country and the security of the state, life and health of people.

Each employee is endowed with rights, as well as resources to protect them. An employee can go on strike to defend his rights. However, even a strike must be organized in accordance with the letter of the law. Compliance with the rules will allow you to achieve your goals and avoid problems.

Legal justification for the right to strike

The right to strike is enshrined in Article 37 of the Constitution of the Russian Federation. This is the highest source of law, and therefore all provisions of the Labor Code, various Federal Laws, regulations, internal acts of the enterprise must comply with it.

The legality of organized protests is considered in more detail by Article 407 of the Labor Code of the Russian Federation. Let's look at the basic rules:

A strike is organized only when all attempts at reconciliation have been made to resolve the labor conflict, but the employer either evades reconciliation or does not fulfill the agreements that were established. Another option: a certain decision was made by labor arbitration regarding the head of the enterprise, but he does not comply with it.
Before organizing a protest event, employees should familiarize themselves with the provisions of Article 413 of the Labor Code of the Russian Federation, which sets out various restrictions and circumstances that impede the implementation of a protest.
Participation in the event must be entirely voluntary. It is strictly prohibited to force a worker to make a decision (positive or negative) regarding participation in a protest. If this happens, the person at fault is responsible.
Representatives of the employer cannot take part in any way in the protest or its preparation. This rule is stipulated by Article 409 of the Labor Code of the Russian Federation.

The regulations that you need to familiarize yourself with before organizing an event are Articles 407 and 413 of the Labor Code of the Russian Federation.

Realization of the right

When organizing a protest event, you must adhere to the following order:

The decision to hold an event is made by a meeting of company employees. It is preceded by a corresponding initiative of a representative meeting of workers, which was engaged in resolving the conflict that arose. If the initiative to hold a strike was taken by a trade union, each meeting of workers approves the decision separately. There are requirements for the meeting: at least 2/3 of the total number of workers in the company must take part in it. The decision to hold the event in question is lawful if at least 50% of the employees present at the meeting vote for it. If it is not possible to hold it, the representative body of workers approves the decision based on the signatures of 50% or more of the workers in support of the protest event.
After 5 days of work of the representative meeting to resolve the conflict, it is allowed to declare a warning strike. Requirements for it: duration no more than an hour, notification of the event must be sent to the employer no less than 3 days before it takes place.
The employer must be notified of a major strike 10 days in advance. This requires written notice.
The employer must notify the Labor Conflict Resolution Service about the start of the event (this need is established by Article 410 of the Labor Code of the Russian Federation).

Only after completing all the steps under consideration can you proceed directly to the strike.

Contents of the decision to declare a strike

In the decision to declare a protest event, you need to indicate some information:

Those circumstances that became the basis for the protest.
Start date and time of the event.
Its duration.
Expected number of strikers.
The name of the body that is leading the event.
List of workers' representatives to whom responsibility for participation in reconciliation has been transferred.
The minimum amount of work that workers agree to perform during the strike.

A copy of the decision is sent to the employer.

What kind of strike will be considered legal?

An event is recognized as legal only when it meets the following standards:

A preliminary attempt at reconciliation was made, but the employer ignored it.
The decision to carry out the event was made by the meeting, and they managed to get a sufficient number of votes for the strike.
The employer received timely notification of the event.
All workers participated in the protest voluntarily; there was no pressure factor.

These are the main signs of the legitimacy of the event.

Which strike will be considered illegal?

A protest event is considered illegal if the following circumstances exist:

The duration of the strike has not been announced, and the requirements for the event have not been taken into account.
The event poses a threat to the Constitution and the health of citizens (according to Article 55 of the Constitution of the Russian Federation).
Workers do not perform the minimum work prescribed in the decision.

Protests are not recognized as legal:

During martial law or emergency.
In armed structures and other military associations.
In the structures responsible for defense, its security.
In rescue and fire-fighting organizations.
In structures responsible for actions during natural disasters and emergencies.
In law enforcement agencies.
In companies engaged in servicing hazardous forms of production.
In the ambulance.
In structures that ensure people’s livelihoods (for example, heating, gas supply companies, clinics).

That is, cessation of activity is not allowed when it poses a threat to the life and health of people. The above list is set out in Article 413 of the Labor Code of the Russian Federation.

IMPORTANT! The manager does not have the right to prohibit protest events by internal acts of the enterprise. In this case, they will contradict the Constitution. Most likely, the court will side with the workers.

FOR YOUR INFORMATION! All the bans on strikes contained in the Labor Code of the Russian Federation can hardly be called absolute. This is due to the fact that they contradict the Constitution, the highest source of power. According to its provisions, any person has the right to protest.

Consequences of declaring a strike illegal

Only the courts can declare an event unlawful. Once a resolution is issued declaring a protest unlawful, it must be terminated immediately. Workers undertake to begin work no later than the next day after receiving a copy of the court decision. If employees continue to strike, they will be subject to disciplinary action. A representative body that does not stop the strike must compensate for all losses of the enterprise.

Article 415 of the Labor Code of the Russian Federation contains a ban on lockout. This is the dismissal of workers because of their participation in an event held according to all the rules. If a manager fires an employee for this reason, this entails an administrative penalty: a fine of 4,000-5,000 rubles (according to Article 5.34 of the Code of Administrative Offenses of the Russian Federation).

Persons who forced employees to participate or not to participate in a strike are also responsible:

A fine of 500-1000 rubles. for citizens.
1000-2000 rubles for officials.

These forms of liability are stipulated in Article 5.40 of the Code of Administrative Offenses of the Russian Federation. Fines are paid exclusively by court decision.

The law provides employees with a wide range of tools to defend their interests. The most severe method of pressure under the Labor Code of the Russian Federation is a strike. When deciding to take such a step, the team must comply with all the stipulated rules of its organization.

Permissibility of a strike

Protection of labor rights

A strike is only one means of protecting the rights of employees from unlawful actions of the employer. You can also file a complaint with the State Labor Inspectorate or file an application with the prosecutor’s office or court. You can submit a collective complaint to any of these authorities, in which case the consideration will be faster.

The right to organize this event is granted to employees or their representatives Art. 409 Labor Code of the Russian Federation. It can be carried out if one of the following conditions is met:

The failure of conciliation procedures designed to resolve a collective dispute. We are talking about situations where the administration avoids participating in their resolution.
Sabotage by the employer of agreements reached during the resolution of a collective dispute. They must be recorded in a written document.
Ignoring by the administration the decision made by the labor arbitration.

The decision to go on strike does not oblige every employee to participate in it. Joining the organizers is voluntary, and for coercion to suspend work there is liability.

The law establishes a ban on a number of actions by the enterprise administration. Its representatives do not have the right to organize a strike or participate in it.

Rules for organizing a strike

The procedure for declaring a strike is regulated by Art. 410 Labor Code of the Russian Federation. The following algorithm is provided.

Holding a meeting of employees or their conference. The latter involves representatives of the team, selected from among the employees (this method is suitable for large enterprise staff). The meeting will be valid if more than half of the employees or at least 2/3 of the delegated representatives participate.
The decision to organize is made by a simple majority of voters.
The employer must be properly notified of the start of a strike. Notification of the date of the event is given to the administration in writing at least 5 working days before the start of the event. In the case where the organizer is a trade union structure, this period should be 7 working days.

It is worth noting: workers may not adhere to the strike procedure if a decision has been made to hold an hour-long warning strike. This event is intended to demonstrate the willingness of employees to achieve satisfaction of their demands. This strike can be carried out after 3 days of work of the conciliation commission with a warning to the employer 2 days in advance (in the case of consideration of the dispute at the local level) and after 4 days of work of the conciliation commission with a warning of 3 days in advance to the employer (in the case of consideration of the dispute at other levels of the social partnership).

There are a number of requirements for the decision to conduct:

The text of the document must indicate the reason for organizing the strike. As such, all contradictions between the parties to a collective labor dispute that have not been resolved are used.
The decision must contain information about the day and time of the strike. The period between its initiation and start cannot exceed 2 months.
Organizers will have to indicate the number of potential participants.
It is necessary to indicate the structure that is leading the strike, as well as representatives who have the authority to negotiate with the administration.
In order for the enterprise to continue to operate and at least partially serve customers, strikers must submit an appropriate plan.

Illegality of the strike

In some cases, a strike may be considered illegal. Such situations are listed in Art. 413 Labor Code of the Russian Federation:

Strikes by law enforcement officers are not permitted.
Such right is suspended for the period of a state of emergency or martial law imposed in accordance with the law.
It is prohibited for workers who are directly servicing hazardous facilities to go on strike.
The law does not allow the cessation of work of transport enterprises and companies operating utility networks if this jeopardizes national security, as well as the life and health of citizens.
A strike will be illegal when the rules for calling it are violated.

The current norms establish the mandatory nature of the judicial procedure. The strike will be declared illegal from the date of entry into force of the relevant court decision. The process can be initiated by the employer or the prosecutor. The trial will take place in the regional, regional or republican court. Strikers must stop their action no later than the next day after the organizer delivers a copy of the document that has entered into force.

Sanctions for illegal strikers

Decision on the illegality of the strike

The court's recognition of the illegality of a strike is not the only legal solution. In terms of its legal consequences, a court decision to suspend or postpone a strike for a period of up to 15 days under Part 7 of Article 413 of the Labor Code and a decision of the Government of the Russian Federation to suspend it for no more than 10 days (until a court decision is made) under Part. 8 of Article 413 of the Labor Code. Such decisions are made in special cases.

The employer has the right to punish protesting employees only if they disobey a court decision. He has the right to use disciplinary measures against illegal strikers: from reprimand to dismissal. You can learn more about the types of disciplinary sanctions.

Illegal strikes will also entail additional liability. Worker-organizers who are members of the representative body of protesters may be required to compensate the enterprise for losses. We are talking about the damage that was incurred in connection with the actions of the collective. Read about the procedure for recovering damage caused to an employer in the article. In this case, the employer is obliged to confirm its size with relevant evidence in court proceedings.

To get an answer from a specialist, ask questions in the comments

The right of workers to strike as a way to resolve a collective labor dispute is recognized.

If conciliation procedures do not lead to the resolution of a collective labor dispute (Article 406 of this Code) or the employer (employer's representatives) or employers (employers' representatives) do not fulfill the agreements reached by the parties to the collective labor dispute during the resolution of this dispute (Article 408 of this Code), or do not comply with the decision of the labor arbitration, then the workers or their representatives have the right to begin organizing a strike, except for cases when, in accordance with parts one and two of Article 413 of this Code, a strike cannot be held in order to resolve a collective labor dispute.

Participation in the 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 bear disciplinary, administrative, and criminal liability in the manner established by this Code and other federal laws.

Representatives of the employer do not have the right to organize a strike or take part in it.

Commentary on Article 409 of the Labor Code of the Russian Federation

The Constitution of the Russian Federation recognizes the right of workers to strike as a way to resolve a labor dispute (Article 37 of the Constitution of the Russian Federation). Workers have the right to go on strike if conciliation procedures do not lead to the resolution of a collective labor dispute or the employer evades conciliation procedures or does not fulfill the agreement reached during the resolution of a collective labor dispute (Article 409 of the Labor Code).

A strike cannot be started later than two months from the date of the decision to hold it.

Each worker independently decides whether to participate in a strike. Representatives of the employer cannot organize or take part in a strike.

Participation in a strike cannot be considered by the employer as a violation of labor discipline and grounds for terminating the employment contracts of the relevant employees. Workers participating in a strike cannot be subject to disciplinary action, except in cases where they do not comply with a court decision declaring the strike illegal (Article 414 of the Labor Code).

If a strike is declared illegal by a court decision, the workers taking part in it must begin work no later than the next day after delivery of a copy of the relevant court decision to the body leading the strike.

In the event that workers do not begin work after the strike is declared illegal, they are deprived of all guarantees provided in connection with participation in the strike. Failure to show up for work after a strike has been declared illegal is considered absenteeism. For absenteeism, disciplinary sanctions may be imposed on employees, including dismissal on the appropriate grounds established by Art. 81 TK.

Another comment on Art. 409 Labor Code of the Russian Federation

1. The Labor Code directs the parties to a collective labor dispute to use, first of all, conciliation procedures. However, in cases where all measures to implement these procedures have been used, but the dispute remains unresolved, or the employer and (or) its representatives do not fulfill the agreements reached, workers still have the opportunity to resort to such a last resort for resolving a collective labor dispute as a strike.

2. The right of workers to strike is recognized by the Constitution of the Russian Federation as a constitutional right of citizens of the Russian Federation. This constitutional provision is based on international legal norms that establish the right of workers to collective action in defense of their rights and legitimate interests. This is why the ILO, for example, links the right to strike with the right of workers to organize and the right to collective bargaining.

The Constitution of the Russian Federation, securing the right to labor disputes (individual and collective), establishes that they are resolved using the methods provided for by federal legislation. The latter, in turn, establishes the possibility of using a strike only when resolving a collective labor dispute. The mechanism for considering individual labor disputes does not provide for such a stage as a strike.

3. The Constitution of the Russian Federation enshrines the provision according to which the rights and freedoms of man and citizen can be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring national defense and state security (Article 55).

In accordance with these constitutional provisions, the Labor Code of the Russian Federation lists cases when strikes are illegal and are not allowed (see Article 413 and the commentary thereto).

4. The provisions of Russian labor legislation direct the parties to a collective labor dispute to carry out mandatory (before declaring a strike) conciliation procedures, which is one of the most important conditions for the implementation of the right to strike. This approach is consistent with the ILO's position on this issue. Thus, the Committee on Freedom of Association considers the following conditions for organizing and conducting a strike to be justified:

Obligation to provide advance notice;

An obligation to apply conciliation, mediation and (voluntary) arbitration procedures in the case of labor disputes before calling a strike, provided that these procedures are adequate, impartial and expeditious and the parties can participate in them at any stage;

The obligation to have a specified quorum and obtain the consent of a specified majority;

The obligation to decide on a strike by secret ballot;

Application of measures that comply with safety standards and prevent accidents;

Organization of minimum services in specific cases;

Guaranteeing the right to work for those who do not participate in a strike (ILO Principles on the Right to Strike. Geneva, 2001, p. 25).

Labor legislation enshrines the principle of voluntary participation in a strike, the impossibility and illegality of coercion to participate in it or refuse such participation.

5. The Code provides for the possibility of bringing persons who force workers to participate or refuse to participate in a strike to various types of legal liability (disciplinary, administrative, criminal).

Yes, Art. 5.40 of the Code of Administrative Offenses provides for administrative liability for coercion to participate or refuse to participate in a strike. Such an act, carried out through violence or threats of violence, or using the dependent position of the coerced, entails the imposition of an administrative fine on citizens in the amount of 5 to 10 times the minimum wage; for officials - from 10 to 20 times the minimum wage.

6. The organization of strikes by the employer’s management is prohibited (this situation, in principle, is possible in order to put pressure on public authorities that do not fulfill certain obligations). A strike (like a collective labor dispute in general) is a way of resolving a conflict between the parties to labor relations, which are employees (their representatives) and employers (their representatives).

A strike is a temporary voluntary refusal of workers to perform labor duties (in whole or in part) in order to resolve a collective labor dispute.

In Art. 37 of the Constitution of the Russian Federation recognizes the right of workers to strike as a way to resolve a collective labor dispute.

The right to strike may be limited by federal law.

Participation in the 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 bear disciplinary, administrative, and criminal liability in the manner established by the Labor Code of the Russian Federation and other federal laws.

Representatives of the employer do not have the right to organize a strike or take part in it.

The decision to declare a strike is made by a meeting (conference) of workers of the organization (branch, representative office, other separate structural unit) at the proposal of the representative body of workers, previously authorized by workers to authorize collective labor.

new dispute. The decision to declare a strike, made by a trade union (association of trade unions), is approved for each organization by a meeting (conference) of workers of this organization.

A meeting (conference) of employees is considered valid if at least two-thirds of the total number of employees (conference delegates) is present.

The employer is obliged to provide premises and create the necessary conditions for holding a meeting (conference) of employees and has no right to interfere with its holding.

When conducting a warning strike, the body leading it provides the minimum necessary work (services) in accordance with the Labor Code of the Russian Federation.

The employer must be notified in writing of the start of the upcoming strike no later than 10 calendar days in advance.

The employer warns the service for resolving collective labor disputes about the upcoming strike.

The body leading the strike has the right to suspend the strike.

To resume a strike, a reconsideration of the dispute by a conciliation commission or labor arbitration is not required. The employer and the service for the settlement of collective labor disputes must be notified of the resumption of the strike no later than three working days.

During the strike, the parties to a collective labor dispute are obliged to continue resolving this dispute through conciliation procedures.

The employer, executive authorities, local governments and the body leading the strike are obliged to take measures within their control to ensure

strikes of public order, safety of the property of the organization (branch, representative office, other separate structural unit) and workers, as well as the operation of machinery and equipment, the stop of which poses an immediate threat to the life and health of people.

The inclusion of a type of work (service) in the minimum required work (service) must be motivated by the likelihood of causing harm to health or a threat to the lives of citizens. The minimum required work (services) in an organization, branch, or representative office cannot include work (services) that are not provided for in the relevant lists of the minimum necessary work (services).

If no agreement is reached on the minimum required work (services) in the organization (branch, representative office), it is established by the executive authority of the constituent entity of the Russian Federation.