A collective labor dispute is considered in labor arbitration. Reconciliation of parties in labor disputes: involvement of a mediator and labor arbitration. Regulations

Collective labor dispute - unresolved disagreements between employees (their representatives) and employers (their representatives) regarding the establishment and changes of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative body of workers when adopting local regulations.

Conciliation procedures - consideration of a collective labor dispute in order to resolve it by a conciliation commission, with the participation of a mediator and (or) in labor arbitration.

The day of the beginning of a collective labor dispute is the day of the announcement of the decision of the employer (his representative) on the rejection of all or part of the demands of the employees (their representatives) or the failure of the employer (his representative) to notify his decision in accordance with Article 400 of this Code.

(as amended by Federal law from 30.06.2006 N 90-FZ)

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

Article 399. Presentation of claims of employees and their representatives

Employees and their representatives, determined in accordance with Articles 29 - 31 and part five of Article 40 of this Code, have the right to put forward demands.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Requirements put forward by employees and (or) the representative body of employees of an organization (branch, representative office or other separate structural unit), an individual entrepreneur, are approved at the appropriate meeting (conference) of employees, set out in writing and sent to the employer by the representative body of employees authorized by them for permission collective labor dispute.

A meeting of employees is considered competent if more than half of the employees are present. A conference is considered competent if attended by at least two thirds of the elected delegates. The decision to approve the requirements is made by a majority vote of employees (delegates) present at the meeting (conference). If it is impossible to hold a meeting (convening a conference) of employees, the representative body of employees has the right to approve its decision by collecting signatures of more than half of the employees in support of the requirements put forward by them.

The employer is obliged to provide employees or employee representatives with the necessary premises for holding a meeting (conference) to raise demands and does not have the right to interfere with it (her).

Part five is no longer valid. - Federal Law of 30.06.2006 N 90-FZ.

The requirements of trade unions and their associations (all-Russian and interregional trade unions, their territorial organizations, associations of trade unions and associations of territorial organizations of trade unions) are put forward by their elected collegial bodies, authorized for this by the charters of trade unions and the charters of their associations, and are sent by these bodies to the relevant parties social partnership.

Requirements (a copy of requirements) can be sent (can be sent) to the appropriate state body for the settlement of collective labor disputes, including in the form electronic document... In this case, the state body for the settlement of collective labor disputes is obliged to verify the receipt of claims (copies of claims) by the other party to the collective labor dispute.

(Part seven as amended by Federal Law of 27.07.2010 N 227-FZ)

Article 400. Consideration of claims of employees, trade unions and their associations

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The employer is obliged to take into consideration the workers' claims sent to him. ABOUT the decision the employer informs the representative body of the employees of the organization (branch, representative office or other separate structural unit), an individual entrepreneur in writing within two working days from the date of receipt of the specified requirements.

(as amended by Federal Law of 22.11.2011 N 334-FZ)

Associations of employers, other representatives of employers, determined in accordance with Article 34 of this Code, are obliged to accept for consideration the requirements of trade unions (their associations) sent to them and inform the trade unions (their associations) in writing of the decision taken within three weeks from the date of receipt specified requirements.

(as amended by Federal Law of 22.11.2011 N 334-FZ)

Article 401. Conciliation procedures

The procedure for resolving a collective labor dispute consists of the following stages: consideration of a collective labor dispute by a conciliation commission, consideration of a collective labor dispute with the participation of a mediator and (or) in labor arbitration.

Consideration of a collective labor dispute by a conciliation commission is a mandatory step.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Each of the parties to a collective labor dispute at any time after the start of this dispute has the right to apply, including in the form of an electronic document, to the appropriate state body for the settlement of collective labor disputes for notification registration of the dispute.

(Part three as amended by Federal Law dated 27.07.2010 N 227-FZ)

Neither party to the collective labor dispute has the right to evade participation in conciliation procedures.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Representatives of the parties, a conciliation commission, a mediator, labor arbitration, a state body for the settlement of collective labor disputes are obliged to use all the possibilities provided by law to resolve the arisen collective labor dispute.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Conciliation procedures are carried out within the time frame provided for by this Code.

If necessary, the terms provided for the conduct of conciliation procedures may be extended with the consent of the parties to the collective labor dispute. The decision to extend the term is drawn up in a protocol.

(Part seven as amended by Federal Law of 22.11.2011 N 334-FZ)

Employees have the right, in accordance with the procedure established by federal law, to hold meetings, rallies, demonstrations, picketing in support of their demands during the period of consideration and resolution of a collective labor dispute, including the period of organizing and conducting a strike.

(part eight was introduced by the Federal Law of 30.06.2006 N 90-FZ)

Article 402. Consideration of a collective labor dispute by a conciliation commission

(as amended by Federal Law of 30.06.2006 N 90-FZ)

In the event of a collective labor dispute at the local level of social partnership, a conciliation commission is created within two working days from the date of the beginning of the collective labor dispute, and in the event of a collective labor dispute at other levels of social partnership - within three working days from the day the collective labor dispute.

The decision to create a conciliation commission when resolving a collective labor dispute at the local level of social partnership is formalized by the appropriate order (order) of the employer and the decision of the employee representative. Decisions on the creation of conciliation commissions when resolving collective labor disputes at other levels of social partnership are formalized by appropriate acts (order, order, resolution) of employers' representatives and employee representatives.

The conciliation commission is formed from representatives of the parties to the collective labor dispute on an equal basis.

The parties to a collective labor dispute have no right to evade the establishment of a conciliation commission and participation in its work.

The employer (representative of employers) creates the necessary conditions for the work of the conciliation commission.

(as amended by Federal Law of 22.11.2011 N 334-FZ)

A collective labor dispute at the local level of social partnership must be considered by a conciliation commission within three working days, and a collective labor dispute at other levels of social partnership - within five working days from the date of issuance of the relevant acts on its creation.

(Part six as amended by Federal Law of 22.11.2011 N 334-FZ)

The decision of the conciliation commission is made by agreement of the parties to the collective labor dispute, is drawn up in a protocol, is binding on the parties to this dispute, and is executed in the manner and terms established by the decision of the conciliation commission.

If an agreement is not reached in the conciliation commission, the parties to the collective labor dispute begin negotiations on the consideration of the collective labor dispute with the participation of a mediator and (or) in labor arbitration.

(as amended by Federal Law of 22.11.2011 N 334-FZ)

Article 403. Consideration of a collective labor dispute with the participation of a mediator

Not later than the next working day after the day the conciliation commission draws up the protocol of disagreements, the parties to the collective labor dispute are obliged to negotiate the resolution of the collective labor dispute with the participation of a mediator. If no agreement is reached between the parties to the collective labor dispute, a protocol is drawn up on the refusal of the parties or one of the parties from this conciliation procedure and they begin negotiations on the consideration of the collective labor dispute in labor arbitration.

(Part one as amended by Federal Law of 22.11.2011 N 334-FZ)

If the parties to the collective labor dispute agree on the consideration of the collective labor dispute with the participation of the mediator, an appropriate agreement is concluded, after which the parties to the collective labor dispute are obliged to agree on the candidacy of the mediator within no more than two working days. If necessary, the parties to a collective labor dispute may apply for a recommendation of a mediator to the appropriate state body for the settlement of collective labor disputes. If within the specified period the parties to the collective labor dispute have not reached an agreement on the candidacy of the mediator, then they begin negotiations on the consideration of the collective labor dispute in labor arbitration.

(part two was introduced by the Federal Law of 22.11.2011 N 334-FZ)

The procedure for considering a collective labor dispute with the participation of a mediator is determined by agreement of the parties to a collective labor dispute with the participation of a mediator.

The mediator has the right to request from the parties to a collective labor dispute and receive from them the necessary documents and information regarding this dispute.

Consideration of a collective labor dispute with the participation of a mediator is carried out at the local level of social partnership within a period of up to three working days, and at other levels of social partnership - within a period of up to five working days from the date of invitation (appointment) of a mediator and ends with the adoption by the parties of the collective labor dispute of an agreed decision in writing or drawing up a protocol of disagreements.

(Part five as amended by Federal Law of 22.11.2011 N 334-FZ)

Article 404. Consideration of a collective labor dispute in labor arbitration

Labor arbitration is the body for the settlement of a collective labor dispute. Temporary labor arbitration is created by the parties to a collective labor dispute in conjunction with the relevant state body for the settlement of collective labor disputes to consider this collective labor dispute. By the decision of the relevant tripartite commission for the regulation of social labor relations under it, a permanent labor arbitration can be created to consider and resolve collective labor disputes transferred to it for consideration by agreement of the parties.

(Part one as amended by Federal Law of 22.11.2011 N 334-FZ)

Not later than the next working day after the day of drawing up the protocol of disagreements upon completion of the consideration of the collective labor dispute with the participation of the mediator, or after the expiration of the period during which the parties to the collective labor dispute must reach an agreement on the candidacy of the mediator, or after the registration of the protocol on refusal of the parties or one of the parties collective labor dispute from consideration of a collective labor dispute with the participation of a mediator, the parties to the collective labor dispute are obliged to negotiate the resolution of the collective labor dispute in labor arbitration.

If the parties to the collective labor dispute agree on the consideration of the collective labor dispute in labor arbitration, they conclude an appropriate agreement containing the condition that the parties must comply with the decisions of the labor arbitration, after which the parties to the collective labor dispute are obliged to resolve the collective labor dispute at the local level of social partnership within a period of up to two working days, and when resolving a collective labor dispute at other levels of social partnership, within a period of up to four working days, create, together with the relevant state body for the settlement of collective labor disputes, a temporary labor arbitration to consider this collective labor dispute or submit it for consideration to a permanent labor arbitration , created under the relevant tripartite commission for the regulation of social and labor relations.

(Part three as amended by Federal Law of 22.11.2011 N 334-FZ)

The composition and rules of temporary labor arbitration are established by a decision of the employer (representative of employers), representative of employees and the state body for the settlement of collective labor disputes. In a permanent labor arbitration, the procedure for forming a composition of a labor arbitration for resolving a specific labor dispute and its rules are determined by the regulation on a permanent labor arbitration (the charter of a permanent labor arbitration), approved by the relevant trilateral commission for regulating social and labor relations. The federal executive body responsible for the development of state policy and legal regulation in the field of labor, taking into account the opinion of the Russian Trilateral Commission on the Regulation of Social and Labor Relations, may approve model provision on permanent labor arbitration ( model charter permanent labor arbitration).

(Part four as amended by Federal Law of 22.11.2011 N 334-FZ)

A collective labor dispute is considered in labor arbitration with the participation of representatives of the parties to this dispute when resolving a collective labor dispute at the local level of social partnership within up to three working days, and when resolving a collective labor dispute at other levels of social partnership - within five working days from the date creating a temporary labor arbitration or referring a collective labor dispute for consideration to a permanent labor arbitration.

(part five was introduced by the Federal Law of 22.11.2011 N 334-FZ)

Labor arbitration considers applications of the parties to a collective labor dispute; receives the necessary documents and information regarding this dispute; informs the authorities if necessary state power and local governments on the possible social consequences of a collective labor dispute; makes a decision on the merits of the collective labor dispute.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The decision of the labor arbitration tribunal for the settlement of the collective labor dispute shall be transmitted to the parties to this dispute in writing.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

In cases where, in accordance with parts one and two of Article 413 of this Code, in order to resolve a collective labor dispute, a strike cannot be held, the consideration of a collective labor dispute in labor arbitration is mandatory and the decision of the labor arbitration is binding on the parties, regardless of whether the parties agree. by this issue... At the same time, if the parties do not come to an agreement on the establishment of a temporary labor arbitration, its composition and rules, or on the transfer of a collective labor dispute for consideration to a permanent labor arbitration, a decision on these issues is made by the relevant state body for the settlement of collective labor disputes.

Article 405. Guarantees in connection with the settlement of a collective labor dispute

Members of the conciliation commission, labor arbitrators, for the period of participation in the settlement of a collective labor dispute, are released from their main job with the preservation of average earnings for a period of not more than three months within one year.

Representatives of employees and their associations participating in the settlement of a collective labor dispute may not be subjected to disciplinary action, transferred to another job or dismissed at the initiative of the employer without the prior consent of the body that authorized them to represent.

Article 406. Avoidance of participation in conciliation procedures

(as amended by Federal Law of 22.11.2011 N 334-FZ)

If one of the parties to the collective labor dispute avoids participating in the creation or work of the conciliation commission, the other party to the collective labor dispute has the right to demand negotiations on the consideration of the collective labor dispute with the participation of an intermediary no later than the next working day after the day the said request is presented.

If one of the parties to a collective labor dispute evades negotiations to resolve a collective labor dispute with the participation of a mediator or to participate in the consideration of a collective labor dispute with the participation of a mediator, the other party to the collective labor dispute has the right to demand negotiations on the resolution of the collective labor dispute in labor arbitration no later than the following working day after the day the specified request is made.

If the employer (representative of employers) avoids creating a temporary labor arbitration, referring a collective labor dispute to a permanent labor arbitration tribunal, or participating in a collective labor dispute by a labor arbitration tribunal, it is considered that conciliation procedures have not led to the resolution of the collective labor dispute.

Article 407. Participation of state bodies for the settlement of collective labor disputes in the settlement of collective labor disputes

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The state bodies for the settlement of collective labor disputes are the federal executive body, which carries out the functions of providing public services in the field of settlement of collective labor disputes, and the executive authorities of the subjects Russian Federationparticipating in the settlement of collective labor disputes.

The federal executive body responsible for the provision of state services in the field of settlement of collective labor disputes:

produces notification registration of collective labor disputes regarding the conclusion, amendment and implementation of agreements concluded on federal level social partnership, collective labor disputes in organizations funded from federal budget, as well as collective labor disputes arising in cases where, in accordance with parts one and two of Article 413 of this Code, in order to resolve a collective labor dispute, a strike cannot be held;

contributes to the settlement of the specified collective labor disputes;

maintains a database for registering labor arbitrators;

organizes the training of labor arbitrators.

The executive authorities of the constituent entities of the Russian Federation participating in the settlement of collective labor disputes:

carry out notification registration of collective labor disputes, with the exception of collective labor disputes specified in part two of this article;

contribute to the settlement of these collective labor disputes.

State bodies for the settlement of collective labor disputes within the limits of their powers:

check, if necessary, the powers of the representatives of the parties to the collective labor dispute;

identify, analyze and generalize the causes of collective labor disputes, prepare proposals for their elimination;

provide methodological assistance to the parties to a collective labor dispute at all stages of its consideration and resolution;

organize in the prescribed manner the financing of conciliation procedures.

State bodies for the settlement of collective labor disputes when organizing work for the settlement of collective labor disputes interact with representatives of workers and employers.

Employees of state bodies for the settlement of collective labor disputes have the right, in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, without hindrance upon presentation of a certificate established sample visit any employers (organizations, regardless of their organizational and legal forms and forms of ownership, as well as employers - individuals) in order to settle collective labor disputes, identify and eliminate the causes giving rise to these disputes.

Article 408. Agreement in the course of settlement of a collective labor dispute

(as amended by Federal Law of 22.11.2011 N 334-FZ)

Agreements reached by the parties to a collective labor dispute in the course of resolving this dispute, including an agreement on the settlement of a collective labor dispute, shall be formalized in writing and are binding on the parties to a collective labor dispute. Control over their implementation is carried out by the parties to the collective labor dispute.

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 of resolving a collective labor dispute.

If the conciliation procedures did not lead to the resolution of the collective labor dispute (Article 406 of this Code) or the employer (representatives of the employer) or employers (representatives of employers) 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 employees or their representatives have the right to start organizing a strike, except for cases when, in accordance with parts one and two of Article 413 of this Code, in order to resolve a collective labor dispute, a strike cannot be held.

(Part two as amended by Federal Law of 22.11.2011 N 334-FZ)

Participation in a strike is voluntary. No one can be forced to participate or refuse to participate in a strike.

Persons forcing employees to participate or refuse to participate in a strike shall bear disciplinary, administrative, and criminal liability in the manner prescribed by this Code and other federal laws.

The employer's representatives are not entitled to organize a strike or take part in it.

Article 410. Announcement of a strike

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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), an individual entrepreneur at the suggestion of a representative body of employees, previously authorized by them to resolve a collective labor dispute.

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

A meeting of employees of a given employer is considered competent if more than half of the total number of employees are present. A conference of employees of this employer is considered competent if attended by at least two thirds of the delegates of the conference.

(as amended by Federal Law of 22.11.2011 N 334-FZ)

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 (her) holding.

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

During the period of consideration of a collective labor dispute by the conciliation commission, employees may once conduct an hourly warning strike. A warning strike is allowed when considering a collective labor dispute at the local level of social partnership after three calendar days of the work of the conciliation commission with a written warning to the employer no later than two working days, and when considering a collective labor dispute at other levels of social partnership - after four calendar days. days of work of the conciliation commission with a written warning to the employer not later than three working days.

(Part six as amended by Federal Law of 22.11.2011 N 334-FZ)

In the event of a warning strike, the heading body shall ensure a minimum necessary work (services) in accordance with this Code.

The employer must be notified in writing of the beginning of an upcoming strike no later than five working days. The start of a strike announced by a trade union (union of trade unions), the union of employers, other representatives of employers, determined in accordance with Article 34 of this Code, must be notified in writing no later than seven working days.

(Part eight as amended by Federal Law dated 22.11.2011 N 334-FZ)

The decision to declare a strike shall indicate:

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

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

(as amended by Federal Law of 22.11.2011 N 334-FZ)

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

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

The employer shall warn the relevant state body for the settlement of collective labor disputes about the forthcoming strike.

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

Article 411. Body Leading a Strike

(as amended by Federal Law of 22.11.2011 N 334-FZ)

The strike is headed by a representative body of workers.

The body leading the strike has the right to convene meetings (conferences) of employees, to receive information from the employer on issues affecting the interests of employees, to attract specialists to prepare opinions on controversial issues.

The body leading the strike has the right to suspend the strike. The resumption of the strike does not require a reconciliation commission or labor arbitration to reconsider the collective labor dispute. The employer and the relevant state body for the settlement of collective labor disputes must be warned in writing about the resumption of the strike no later than two working days, and about the resumption of the strike announced by the trade union (association of trade unions), the employers' association, other representatives of employers, as defined in in accordance with article 34 of this Code, and the relevant state body for the settlement of collective labor disputes must be notified in writing no later than three working days.

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

During the period of the strike, the parties to the collective labor dispute are obliged to continue resolving this dispute through negotiations.

(as amended by Federal Law of 22.11.2011 N 334-FZ)

The employer, executive bodies, local self-government bodies and the body leading the strike are obliged to take measures depending on them to ensure during the strike public order, the safety of the property of the employer and employees, as well as the operation of machinery and equipment, the stop of which poses an immediate threat to the life and health of people.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The list of the minimum necessary work (services) performed during the strike by employees of organizations (branches, representative offices or other separate structural divisions), individual entrepreneurs whose activities are related to the safety of people, ensuring their health and the vital interests of society, in each industry (subsector ) the economy is developed and approved federal body executive power, 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. In the event that several all-Russian trade unions operate in an industry (sub-sector) of the economy, the list of the minimum required work (services) is approved by agreement with all all-Russian trade unions operating in the sector (sub-sector) of the economy. The procedure for the development and approval of the list of minimum required works (services) is determined by the Government of the Russian Federation.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The executive body of the constituent entity of the Russian Federation, on the basis of lists of the minimum required work (services), developed and approved by the relevant federal executive bodies, develops and approves, in agreement with the corresponding territorial associations of organizations of trade unions (associations of trade unions), regional lists of the minimum required works (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 of necessary work (services) performed during the strike by employees of an organization (branch, representative office or other separate structural unit), an individual entrepreneur, is determined by an agreement between the employer (representative of the employer) and the representative body of workers together with the local government on the basis of lists of the minimum required work (services) within three days from the date of the decision to declare a strike. The inclusion of the type of work (services) in the minimum of required works (services) should be motivated by the likelihood of harm to health or a threat to the life of citizens. The minimum of required works (services) cannot include works (services) that are not provided for by the corresponding lists of the minimum required works (services).

(as amended by Federal Laws of 30.06.2006 N 90-FZ, of 22.11.2011 N 334-FZ)

In case of failure to reach an agreement, the minimum required work (services) is established by the executive authority of the constituent entity of the Russian Federation.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The decision of the said body establishing the minimum required work (services) may be appealed by the parties to the collective labor dispute in court.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

If the minimum required work (services) is not provided, the strike may be suspended by a court decision until the employees and the representative body of employees fulfill the relevant requirements.

(as amended by Federal Law of 22.11.2011 N 334-FZ)

Article 413. Illegal strikes

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

a) during periods of the introduction 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 in charge of ensuring the country's defense, state security, emergency rescue, search and rescue, fire-fighting operations, prevention or elimination of natural disasters and emergencies; in law enforcement agencies; in organizations (branches, representative offices or other separate structural divisions) that directly serve especially dangerous types of industries or equipment, at ambulance and emergency medical care stations;

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The right to strike may be restricted by federal law.

A strike is illegal if it was announced without taking into account the terms, procedures and requirements provided for by this Code.

(as amended by Federal Law of 22.11.2011 N 334-FZ)

The decision to declare the strike illegal is made supreme courts republics, regional, regional courts, courts of cities of federal significance, courts of an autonomous region and autonomous regions at the request of the employer or the prosecutor.

The decision of the court is brought to the attention of the workers through the body leading the strike, which is obliged to immediately inform the participants in the strike of the decision of the court.

A court decision on the recognition of a strike as illegal, which has entered into legal force, is subject to immediate execution. Employees are obliged to end the strike and start work no later than next day after delivery of a copy of the said court decision to the body leading the strike.

In the event that an immediate threat to the life and health of people is created, the court has the right to postpone a strike that has not begun for up to 15 days, and to suspend a strike that has begun for the same period.

(as amended by Federal Law of 22.11.2011 N 334-FZ)

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 appropriate court, but for no more than ten calendar days.

Part nine is no longer valid. - Federal Law of 30.06.2006 N 90-FZ.

Article 414. Guarantees and legal status of employees in connection with a strike

An employee's participation in a strike cannot be considered a violation labor discipline and grounds for termination employment contract, except for cases of failure to fulfill the obligation to end the strike in accordance with part six of Article 413 of this Code.

It is forbidden to apply disciplinary measures to employees participating in a strike, except for the cases provided for by part six of Article 413 of this Code.

During the strike, the workers participating in it retain their place of work and position.

The employer has the right not to pay wages to employees for the period of their participation in the strike, with the exception of employees engaged in the performance of the mandatory minimum of work (services).

A collective agreement, agreement or agreements reached during the settlement of a collective labor dispute may provide for compensation payments to workers participating in a strike.

Employees who do not participate in the strike, but in connection with its holding were not able to perform their work and who declared in writing about the beginning of the downtime in connection with this, the downtime payment through no fault of the employee is made in the manner and in the amount provided for by this Code. The employer has the right to transfer these employees to another job in the manner prescribed by this Code.

A collective agreement, agreement or agreements reached in the course of resolving a collective labor dispute may provide for a more preferential procedure for payments to employees who do not take part in a strike than provided for by this Code.

Section 415. Prohibition of Lockout

In the process of settling a collective labor dispute, including holding a strike, it is prohibited to lockout - the dismissal of employees at the initiative of the employer in connection with their participation in a collective labor dispute or a strike.

Article 416. Responsibility for avoiding participation in conciliation procedures, failure to comply with an agreement reached as a result of a conciliation procedure, non-execution or refusal to execute a decision of a labor arbitration

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Representatives of the employer (representatives of employers) who evade receiving workers' demands and participate in conciliation procedures, including those who do not provide premises for holding a meeting (conference) to raise demands, declare a strike, or prevent it (her) from holding, are subject to disciplinary liability in accordance with with this Code or administrative responsibility in the manner established by the legislation of the Russian Federation on administrative offenses.

(as amended by Federal Law of 22.11.2011 N 334-FZ)

Representatives of the employer (representatives of employers) and employees who are guilty of non-fulfillment of obligations under agreements reached as a result of the conciliation procedure, as well as those guilty of non-fulfillment or refusing to execute the decision of the labor arbitration, are brought to administrative responsibility in the manner established by the legislation of the Russian Federation on administrative offenses ...

(as amended by Federal Laws of 30.06.2006 N 90-FZ, of 22.11.2011 N 334-FZ)

Article 417. Liability of employees for illegal strikes

Employees who started a strike or did not stop it on the next working day after bringing to the body heading the strike a court decision to declare the strike illegal or to postpone or suspend the strike may be subject to disciplinary action for violation of labor discipline.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The representative body of workers, which announced and did not stop the strike after it was declared illegal, is obliged to compensate the losses caused to the employer by the illegal strike at its own expense in the amount determined by the court.

Article 418. Maintaining documentation when considering and resolving a collective labor dispute

(as amended by Federal Law of 22.11.2011 N 334-FZ)

The actions of the parties to the collective labor dispute, agreements and decisions taken in connection with the consideration and resolution of this dispute are drawn up in protocols by the representatives of the parties to the collective labor dispute, conciliation bodies, and the body leading the strike.

The participation of a labor arbitrator in the settlement of a collective labor dispute should provide the parties to a collective labor dispute with additional opportunities for its peaceful resolution.

The labor arbitrator must be ready to give the parties to the collective labor dispute proposals and alternatives on the procedure and substance of the negotiation process in order to help the successful course of negotiations, while at the same time not putting pressure on the representatives of the parties when they make a particular decision.

A labor arbitrator must be able to analyze the situation, carefully evaluate the possible results of his proposals and recommendations, and strive to end the collective labor dispute at this stage.

Confidential informationentrusted to the labor arbitrator during his work shall not be distributed or used by him directly or indirectly for personal or other benefit.

The positions of each of the parties to the collective labor dispute in the negotiations, their proposals expressed to the labor arbitrator in confidence during the negotiations, should not be transferred to the other party without the prior consent of the party or the person who gave the information.

A labor arbitrator should not accept awards or valuable gifts from representatives of the parties to a collective labor dispute.

A labor arbitrator must:

have the ability to argue, persuade, operate with extensive information, manage the discussion, react sensitively to the changing mood of the representatives of the parties, accumulate everything positive that can be used to reach agreement and resolve a collective labor dispute. His desire for understanding, interest, ability to listen to the opponent, relieve tension in the negotiation process are also of great importance;

be guided by the Constitution of the Russian Federation, the Labor Code of the Russian Federation, other regulatory legal acts of the Russian Federation, including on the regulation of social and labor relations and the settlement of collective labor disputes, as well as the Recommendations of the Ministry of Labor of Russia;

know the methods of the negotiation process. It is desirable for him to familiarize himself with the basic principles of the work of the trade union organization, the current permit system individual complaints, personnel policy and other aspects of the organization's life.

Labor arbitration is one of the conciliation bodies established to consider a specific collective labor dispute. Like the conciliation commission, it acts only during the period of consideration of the dispute.

Labor arbitration is a temporary body for the consideration of a collective labor dispute, which is created if the parties to the dispute have entered into a written agreement on the mandatory implementation of its decisions.

Labor arbitration is established by the parties to the collective labor dispute and the relevant state body for the settlement of collective labor disputes no later than three working days from the date of the end of the consideration of the dispute by the conciliation commission or mediator.

The creation of a labor arbitration, its composition, regulations, powers are formalized by the appropriate decision of the employer, the employee's representative and the state body for the settlement of collective labor disputes.

A collective labor dispute is considered in labor arbitration with the participation of representatives of the parties to this dispute within up to five working days from the date of its creation.

The labor arbitration tribunal considers appeals of the parties to a collective labor dispute, obtains the necessary documents and information concerning this dispute, informs, if necessary, state authorities and local authorities about the possible social consequences of a collective labor dispute, makes a decision on the merits of a collective labor dispute.

The decision of the labor arbitration tribunal for the settlement of the collective labor dispute shall be transmitted to the parties to this dispute in writing.

In cases where, in accordance with Part 1 and 2 of Art. 413 of the Labor Code of the Russian Federation, in order to resolve a collective labor dispute, a strike cannot be held, the creation of a labor arbitration is mandatory and its decision is binding on the parties. At the same time, if the parties do not come to an agreement on the creation of a labor arbitration, its composition, rules and powers, then the decision on these issues is made by the relevant state body for the settlement of collective labor disputes (Article 404 of the Labor Code of the Russian Federation).

In world practice, a distinction is made between the creation of voluntary arbitration for the resolution of collective labor disputes and compulsory arbitration. According to this classification, labor arbitration must be recognized as voluntary, primarily because it can be created only by agreement of the parties. If the employer evades the creation of a labor arbitration, employees can start organizing a strike (Article 406 of the Labor Code of the Russian Federation), except in cases where, in accordance with Part 1 and 2 of Art. 413 of the Code, in order to resolve a collective labor dispute, a strike cannot be held, but it is impossible to create arbitration and consider a dispute in it against the will of one of the parties to the dispute.

Labor arbitration is created with the direct participation of the parties: they elect labor arbitrators. It is also one of the manifestations of the voluntary nature of labor arbitration. Labor Code The Russian Federation considers labor arbitration as one of the conciliation procedures, although traditionally arbitration and arbitration consideration of disputes are referred to arbitration proceedings, and also determines the procedure and terms for creating a labor arbitration. Representatives of employees and the employer (employers) interested in resolving the dispute and the state body participate in its education. It is impossible to form a labor arbitration without the participation of the employer (if he avoids continuing the conciliation procedures). To create it, you need to contact a state body, since it is specially named as one of the participants in the formation of labor arbitration.

The composition of the labor arbitration tribunal for considering a specific dispute is formed by agreement of the parties, since the conciliation body must be authoritative and enjoy the confidence of the parties to the dispute. Only in this case can his activity be effective.

Any independent experts at the choice of the parties may be selected as labor arbitrators. In practice, sometimes they try to involve the heads of a higher trade union body or economic organization as labor arbiters. This approach to the formation of labor arbitration seems to be erroneous, since both the superior trade union and the superior management body cannot be absolutely impartial when considering the disagreements of their subordinate subjects. When creating a labor arbitration, the parties can also use the recommendations of a state body.

The status of a labor arbitrator is associated with the consideration of a specific collective labor dispute, i.e. certain persons are elected by the parties as labor arbitrators and remain by them during the term of the labor arbitration. Then they return to their main job and are no longer considered labor arbitrators.

The establishment of a labor arbitration tribunal, as well as its composition, with an indication of the chairman, shall be confirmed in writing. The recommendations of the Ministry of Labor of Russia advise that these actions be formalized in a protocol signed by representatives of the employer (employers), employees, and the state body for the settlement of such disputes.

It is recommended that the decision (protocol) reflect the conditions for the participation of labor arbitrators in the dispute resolution, agreeing these conditions with the labor arbitrators, the heads of the organizations where they work, and the relevant state body for the settlement of collective labor disputes.

Simultaneously with the creation of labor arbitration, the parties and the state body for the settlement of collective labor disputes determine the rules of work and clarify its powers. This information is also reflected in the written decision.

The date of signing the award is considered the day of the creation of the labor arbitration. From this day, the five-day (in working days) period established for the consideration of a collective labor dispute in labor arbitration is calculated.

To implement the tasks assigned to it, labor arbitration is endowed with appropriate powers. He can request and receive documents and information relating to a collective labor dispute, hear explanations and appeals of the parties, make recommendations on the merits of the dispute.

If necessary, the arbitration tribunal can inform state and local authorities about the possible social consequences of a collective labor dispute.

In the decision to establish a labor arbitration, the parties and the state body for the settlement of collective labor disputes may indicate the specific powers that are vested in labor arbitrators to resolve the dispute. For example, the right to interview employees of the organization, to attract an expert or consultant.

a) request and receive from the parties the necessary documents and information on the merits of the collective labor dispute;

b) invite specialists competent in matters of this collective labor dispute to the meetings;

c) require the representatives of the parties to bring the decisions of the labor arbitration to the attention of the labor collective;

d) propose their own possible options for resolving a collective labor dispute.

The labor arbitrator must be familiar with the current labor legislation and, in particular, the legislation on collective agreements and agreements and the procedure for resolving collective labor disputes. He must know the methods of conducting the contractual process. It is desirable for him to familiarize himself with the basic principles of the work of trade union organizations, the current system for dealing with complaints from employees, personnel policy and other aspects of the life of an organization that is a party to a collective labor dispute.

A labor arbitrator must be able to analyze the situation, carefully evaluate the possible results of his proposals and recommendations, and strive to end a collective labor dispute at the stage of consideration in labor arbitration. He must be ready to give the parties suggestions and alternatives on the procedure and substance of the contractual process in order to help the successful course of negotiations and not to put pressure on the representatives of the parties.

It is important to emphasize the need for a conscientious attitude of each labor arbitrator to the duties assigned to him. Labor arbitration must examine in detail all the materials of the case, check the credentials of the representatives of the parties, the essence of the disagreements that have arisen, establish, if possible, all the circumstances that are important for the settlement of the conflict.

Labor arbitrators are obliged to keep state, official and commercial secrets when carrying out conciliation procedures.

Confidential information entrusted to labor arbitrators when considering a labor dispute should not be disseminated or used by them directly or indirectly for personal or other benefit.

The positions of the representatives of each party, its plans and proposals made to the labor arbitrators in confidence, should not be transferred to the other party without the prior consent of the persons who provided the relevant information.

The creation of a labor arbitration and the consideration of a collective labor dispute at this stage should be aimed at providing the parties with an additional opportunity for its peaceful resolution.

Taking into account the existing legal framework, the socio-economic situation and the studied experience of the formation and development of social partnership in other countries and in the Russian Federation, the following can be stated.

The selection of the composition of labor arbitrators is carried out with the participation of the relevant state body. When determining candidates, it is necessary to interact with territorial trilateral commissions, executive authorities of the constituent entities of the Russian Federation (as a rule, local labor authorities).

The composition of labor arbitrators includes scientists, public figures, representatives of executive authorities, enterprises, trade unions, employers, taking into account basic data on gender, age, place of work, position, education, nationality, address, etc.

The arbitrators should also include professionals with appropriate training and professional standing in the field of labor relations.

The training of labor arbitrators is organized by the state body and its regional offices in cooperation with the territorial tripartite commissions and executive authorities of the constituent entities of the Russian Federation.

The quantitative and personal composition of arbitrators for each collective labor dispute is determined by the parties to the dispute with the participation of the relevant state body, which proposes to the parties candidates for arbitrators from the recommended composition, the parties determine the arbitrators acceptable to them.

The chairman of the labor arbitration is elected from among its members.

The composition of labor arbitration may not include persons who are representatives of the parties involved in the conflict, or by their official status are interested in its unilateral resolution. A mediator who participated in the settlement of a collective labor dispute cannot be a labor arbitrator when considering the same dispute.

If necessary, labor arbitration applies to the relevant competent authorities on the issues of resolving a collective labor dispute.

The costs associated with the conduct of labor arbitration, including the payment of average earnings and additional payment labor of labor arbitrators in connection with their performance of the functions of settling a collective labor dispute, are paid by agreement of the parties to the collective labor dispute at their expense.

On issues referred to the labor arbitration, the parties must submit written proposals to the chairman of the arbitration before the meeting. The necessary additional materials, at the request of the chairman of the arbitration tribunal, must be submitted to him within the time frame established by him.

If the party, on whose initiative the arbitration was organized, did not attend the arbitration session, the procedure shall be terminated, in case of failure to appear at valid reasons consideration of the dispute is postponed.

The labor arbitration tribunal may decide to terminate the consideration of the labor dispute if:

the party has reached an agreement to terminate the labor dispute;

the dispute is not a labor dispute and is not subject to labor arbitration.

The arbitration award is binding on the parties to the collective labor dispute.

The organization of this work is possible with the help of territorial tripartite commissions, labor bodies, through the media.

To ensure the normal operation of labor arbitration, it is necessary to resolve a number of issues, which include, first of all, the provision of premises, the provision of office equipment and service personnel (secretary, etc.), payment, if necessary, of a specialist's consultation and other similar events.

The legislation does not regulate the organizational and financial security activities of labor arbitration. Problems of this kind should be discussed when creating this conciliatory body and resolved to a certain extent at the expense of the parties to the dispute. At the same time, taking into account international legal norms (in accordance with subparagraph 1, paragraph 3 of the ILO Recommendation No. 92, the conciliation procedure should be free of charge), it would be advisable in the future to entrust the organizational and technical support of the work of labor arbitration to the state body for the settlement of collective labor disputes , especially since it is designed to assist in resolving collective labor disputes.

The procedure for considering a dispute by labor arbitration (rules of procedure for its work) is determined by the parties and the state body for the settlement of collective labor disputes when creating the named conciliation body. The rules may establish the duration of daily meetings, the rules for replacing one of the arbitrators in case of illness and other unforeseen circumstances, the order of explanations of the parties on the merits of the dispute, the possibility of challenging the arbitrators, etc.

The recommendations contain only two requirements regarding the working procedure of labor arbitration. First, it must consider a collective labor dispute with the participation of representatives of the parties, therefore, holding meetings in the absence of one or both parties is unacceptable. In our opinion, there can be only one exception to this rule: when the representative of the employees or the representative of the employer (employers) asked in writing to resolve the dispute without him, the other party agreed, and the arbitration considered it possible. In practice, such situations are extremely rare.

The second requirement concerns the subject of the dispute. Since labor arbitration is a conciliation body created to resolve a specific dispute, and is, as a rule, the second (and sometimes the third) body trying to reconcile the parties, only the protocol of disagreements drawn up by the conciliation commission or the mediator together with the parties to the dispute is submitted to it. , or it could be a protocol of disagreements drawn up in the course of collective bargaining, or demands of workers. In other words, the subject of the dispute is the range of issues on which the parties could not reach an agreement; when resolving the dispute, it can only be narrowed by reaching certain compromises. It is unacceptable to submit for discussion in labor arbitration claims that were not considered by the conciliation commission.

The dispute settlement procedure by labor arbitration consists of several stages:

a) study of documents and materials submitted by the parties;

b) hearing representatives of the parties;

c) hearing witnesses and experts, if necessary;

d) development of solutions.

If the legislator set as his goal to make the consideration of the case in labor arbitration more formal, similar to judicial, it would not make sense to create new temporarily acting bodies, it would be possible to provide for the resolution of collective disputes in court. The absence of strict procedural requirements, flexibility, focus on reaching a compromise and voluntary acceptance and implementation of the agreements and recommendations reached are the fundamental difference between the conciliation procedures that are used to resolve collective labor disputes. This is their advantage over formal proceedings in court, which is far from always acceptable for solving such delicate and painful problems as collective labor disputes.

Currently, labor arbitration already exists and its activities are officially determined. In 1951, the ILO Recommendation No. 92 considers arbitration as a body to which the parties to a labor conflict apply on the basis of a voluntary agreement and whose decision they voluntarily recognize when this body resolves their collective labor dispute.

Labor arbitration is a voluntary temporary public education, designed to legally assist employees and the employer in resolving a collective labor dispute. This entity is not a court as such - it has no right to take upon itself the administration of justice, its decisions are not secured by state coercion. Consideration of a collective labor dispute in labor arbitration is one of the stages of conciliation procedures. The activities of this body do not replace the activities of courts of general jurisdiction, as well as arbitration courts.

However, the Labor Code of the Russian Federation does not fully resolve the following issues. So, according to his Art. 408, the agreement reached by the parties to the collective labor dispute in the course of its resolution is formalized in writing and is binding on the parties to the dispute. Control over its execution is carried out by the parties to the dispute. From the content of Art. 416 of the Labor Code of the Russian Federation, it follows that representatives of the employer and employees guilty of non-fulfillment of obligations under the agreement reached as a result of the conciliation procedure are brought to administrative responsibility in accordance with the procedure established in the Code of Administrative Offenses of the Russian Federation. According to Art. 5.33 of the Code of Administrative Offenses of the Russian Federation, for failure by the employer or his representative (note the inconsistency with Article 416 of the Labor Code of the Russian Federation: there is no employee representative) obligations under the agreement reached as a result of the conciliation procedure, a fine of 20 to 40 minimum wages is imposed. In addition, the legal nature of labor arbitration is similar to the officially established arbitration court, but the question of the possibility of challenging the decisions of labor arbitration and the compulsory execution of its decisions when applying to the competent judicial authority has not yet been unambiguously defined either in official acts or in legal literature.

The result of consideration of a collective labor dispute in labor arbitration is the adoption of decisions to resolve the dispute. They are drawn up in writing, signed by the labor arbitrators and submitted to the parties to the collective labor dispute. Decisions are made taking into account all the circumstances of the case in strict accordance with the current laws and other normative legal acts in the field of labor, drawn up by a protocol, which indicates the arbitrators present at the meeting, representatives of the parties to the dispute, a list of measures that it is desirable to take to resolve the dispute. Sample form of the protocol is given in Appendix No. 2 to the Recommendations of the Ministry of Labor of Russia dated August 14, 2002 No. 59.

Let's look at an example.

In Moscow, representatives of trade unions, employers and the Moscow Government pledged back in 2000 to help prevent collective labor disputes and this commitment in the tripartite agreement for 2001 (it is renewed every year, as it effectively develops these relations. Today there is an Agreement for 2007 (Resolution of the Moscow Government dated December 19, 2006 N 1007-PP. - Ed. note). In order to implement this agreement, by the resolution of the Moscow Government dated September 11, 2001 N 840-PP "On the establishment of the institution arbitration court to resolve collective labor disputes "* (333), the first labor arbitration court was created. The founders were the Committee for Public and Interregional Relations of the Moscow Government, the Moscow Federation of Trade Unions, the Moscow Confederation of Industrialists and Entrepreneurs, the specialized bar association" Inyurkollegiya ". In April 2002 the court was registered as legal entity in the organizational and legal form of the institution "Labor Arbitration Court for the resolution of collective labor disputes"

In accordance with Art. 120 of the Civil Code of the Russian Federation, an institution is an organization created by the owner (in this case, the above-mentioned founders) to carry out functions of a non-commercial nature and financed by him in whole or in part. Based on Art. 50 of the Civil Code of the Russian Federation non-profit organizations can carry out entrepreneurial activity only insofar as it serves to achieve the goals for which they were created, and corresponding to these goals.

According to the Charter of the institution "Labor Arbitration Court for the Resolution of Collective Labor Disputes", the purposes of its creation, in particular, are:

legal and organizational support for the creation of a system of control mechanisms within the framework of social partnership over the observance of rights and legitimate interests employees in organizations of various forms of ownership;

settlement and elimination of conflicts arising between employers and labor collectives in the field labor rightsabout relations.

To achieve its goals, this institution:

creates and ensures the activities of a labor arbitration court, specializing in resolving collective labor disputes, disseminates information about the activities of this court among persons related to labor legislation and to the resolution of labor conflicts;

conducts conferences, seminars and lectures on topics related to the labor legislation of the Russian Federation and Moscow;

organizes vocational training and advanced training courses in the field of labor and employment legislation for employers, trade union organizations, law firms, ministries and departments;

participates in the development and analysis of draft laws related to labor legislation, taking into account the experience and recommendations of the ILO, etc.

Thus, the parties to a collective labor dispute that arose in Moscow, in order to create a dispute settlement body provided for by the Labor Code of the Russian Federation, can apply to the non-profit institution "Labor Arbitration Court for the Resolution of Collective Labor Disputes".

Since mid-2003, the Moscow Labor Arbitration Court has been financed only partially by the Moscow Government; its main funding was carried out within the framework of the international project "Labor Law and Arbitration". This project, which is one of the other projects of the TACIS Program (Program of technical assistance to the former Soviet republics, except for the Baltic countries), aimed at the development of socio-economic reforms and democratic transformations in Russia. The program is funded by the European Union.

However, as of January 1, 2006, international funding for the Labor Law and Arbitration project has ceased. Partial funding was undertaken by the Moscow Government. In this regard, free assistance to the disputing parties, expressed in the provision of arbitrators, premises, office equipment and other things necessary for resolving a dispute (up to pencils and paper), may become paid. Tariffs for services will depend on the category of voluntarily unresolved dispute: for example, the payment for assistance in resolving a dispute over the amount of wage arrears may significantly exceed the tariff for resolving a dispute forcing the employer to include a clause in the collective agreement.

Labor arbitration is a temporary body for resolving a collective labor dispute, created by the parties to the collective labor dispute and the Service no later than three working days from the date of the end of the consideration of the collective labor dispute by the conciliation commission or mediator. Labor arbitration is formed by agreement of the parties and consists of three persons from among the labor arbitrators recommended by the Service or proposed by the parties to the collective labor dispute.

1 See: Your Right. 1997. No. 10. A collective labor dispute is referred to labor arbitration after it has passed the conciliation commission and was not resolved there, or after the participation of a mediator has not led to an agreement between the parties.

In cases where the employer refuses to participate in the creation or work of the conciliation commission, the collective labor dispute may also be referred to labor arbitration.

Representatives of the parties to a collective labor dispute cannot be members of a labor arbitration tribunal.

The establishment of a labor arbitration, its composition, regulations, powers are formalized by the appropriate decision of the employer, employee representative and the Service. The chairman of the labor tribunal is usually approved by agreement of the parties from among the members of the labor tribunal.

A collective labor dispute is considered in labor arbitration with the participation of representatives of the parties within up to five working days from the date of its creation.

Labor arbitration examines applications from the parties; receives the necessary documents and information regarding the collective labor dispute; informs, if necessary, public authorities and local self-government bodies about the possible social consequences of a collective labor dispute; develops recommendations on the merits of a collective labor dispute.

At the meetings of the labor arbitration, minutes are kept in which the surnames, names and patronymics of its members are entered; the date of creation of the arbitration with an indication of the document (agreement) confirming the will of the parties on this issue; dates of meetings; the essence of the dispute; the opinion of the parties, as well as experts, specialists, if they were invited; an award rendered by arbitration with appropriate justification (reasoning)

Recommendations of labor arbitration for the settlement of a collective labor dispute are transmitted to the parties in writing and become binding on the parties if the parties have entered into a written agreement on their implementation.

On March 27, 1997, the Ministry of Labor and Social Development of the Russian Federation approved the Recommendations on the organization of work on the consideration of a collective labor dispute in labor arbitration.

The parties and the conciliation bodies must use every opportunity to eliminate the causes and circumstances that led to the collective labor dispute (conflict).

The agreement reached by the parties in the course of resolving a collective labor dispute is formalized in writing and has

See: Your Right. 1997. No. 11. binding on the parties. Control over its implementation is carried out by the parties to the collective labor dispute.

In cases of the employer's evasion from the creation of a labor arbitration, the consideration of a collective labor dispute in labor arbitration, as well as the implementation of its recommendations, if an agreement is reached on their binding, employees may start a strike.

6. Guarantees of employees in connection with the resolution of a collective labor dispute.

Members of the conciliation commission, mediators, labor arbitrators, while participating in the settlement of a collective labor dispute, are exempt from their main job with the preservation of average earnings for a period of no more than three months during the year.

Representatives of trade unions, their associations, and public initiative bodies participating in the settlement of a collective labor dispute may not be disciplined, transferred to another job, relocated or dismissed at the initiative of the administration without the prior consent of the body that authorized them to represent them during the period of resolving the collective labor dispute.

Commentary on Article 404

1. New edition Art. 404 corrects the inaccuracies made by the legislator and supplements it with a rule regulating the procedure for creating a labor arbitration in cases where workers cannot resort to organizing a strike. This is a very important addition that fills a gap that has existed for a long time. It should be noted that the contradiction in the name of the act adopted by the labor arbitration has also been corrected: now in all parts of the article specified act named solution.

2. Labor arbitration is one of the conciliation bodies created to consider a specific collective labor dispute. Like the conciliation commission, it acts only during the period of consideration of the dispute.

3. The voluntary nature of labor arbitration is manifested primarily in the fact that it can be created only by agreement of the parties. If the employer evades the creation of a labor arbitration, employees can start a strike (Article 406 of the Labor Code), but it is impossible to create an arbitration and consider a dispute in it against the will of one of the parties to the dispute (except for the cases provided for in Part 7 of Article 404).

4. Labor arbitration is created with the direct participation of the parties: they elect labor arbitrators. It is also one of the manifestations of the voluntary nature of labor arbitration. And finally, the decision of the arbitration is carried out exclusively on a voluntary basis - the parties conclude a special agreement on this. There is no mechanism to enforce the decision.

5. Representatives of employees and representatives of the employer (employers) interested in resolving the dispute and the state body for the settlement of collective labor disputes participate in the formation of labor arbitration.

Within the meaning of the commented article and in accordance with the provisions of the ILO Recommendation No. 92 "On Voluntary Conciliation and Arbitration" (1951), any of the parties can take the initiative and propose to proceed to the consideration of the dispute in labor arbitration, but it is created jointly by the parties. It is impossible to form a labor arbitration without the participation of the employer (if he avoids continuing the conciliation procedures).

To create a labor arbitration, it is necessary to apply to the state body for the settlement of collective labor disputes, since it is specially named as one of the participants in the formation of the labor arbitration.

6. The role of this state body is to register a collective labor dispute and assist the parties in resolving it. He forms a list of labor arbitrators (see commentary to article 407), he can also recommend specific candidates for inclusion in this composition of labor arbitration and participates in determining the rules and powers of labor arbitration.

7. The labor arbitration tribunal is created no later than 3 working days from the date of the end of the previous conciliation procedure.

If the employer (representative of the employer) evades the creation of a conciliation commission or participation in its work, the representatives of employees may apply to the appropriate state body on the issue of forming a labor arbitration. The same right is granted to the representative of the employer (employers), if the representatives of employees evade the creation of a conciliation commission or participate in its work (clauses 5, 6 of the Recommendations on the organization of work to consider a collective labor dispute in labor arbitration, approved by the Resolution of the Ministry of Labor of Russia from August 14, 2002 N 59 (Bulletin of the Ministry of Labor of Russia. 2002. N 8) (hereinafter - Recommendations N 59).

8. In accordance with the law, the dispute can be considered in labor arbitration in the following cases:

If no agreement is reached in the conciliation commission, if the parties have chosen to consider the dispute in labor arbitration as the next conciliation procedure;

Failure to reach an agreement on the candidacy of an intermediary;

If an agreed decision is not reached at the mediation stage, if the parties decide to continue the conciliation procedures;

If one of the parties to a collective labor dispute avoids participating in the creation or work of a conciliation commission;

When considering a collective labor dispute in organizations where strikes are prohibited or restricted by law (Article 406 of the Labor Code).

9. The composition of the labor arbitration tribunal for considering a specific dispute is formed by agreement of the parties, since the conciliation body must be authoritative and enjoy the confidence of the parties to the dispute. Only in this case can his activity be effective.

Any independent experts at the choice of the parties may be selected as labor arbitrators. In practice, sometimes they try to involve the heads of a higher trade union body or economic organization as labor arbiters. This approach to the formation of labor arbitration seems to be erroneous, since both the superior trade union and the superior management body cannot be absolutely impartial when considering the disagreements of their subordinate subjects.

10. When creating a labor arbitration, the parties can also use the recommendations of the body for the settlement of collective labor disputes, which draws up annually revised lists of persons recommended for involvement as labor arbitrators. The lists are compiled taking into account the proposals of representatives of employees and employers in agreement with the persons recommended as labor arbitrators, and contain the following information: last name, first name, patronymic, age, education, place of work, specialty and position held, other information reflecting practical work experience in the field of social and labor relations and the settlement of labor disputes.

11. Organization of the training of arbitrators, checking their qualifications, issuing documents certifying their status, and the official approval of the list are within the competence of the relevant state bodies (see comments to Art. 407).

Employees of these bodies can also act as labor arbitrators (see comments to Art. 407). The status of a labor arbitrator is associated with the consideration of a specific collective labor dispute, that is, certain persons are elected by the parties as labor arbitrators and remain by them during the term of the labor arbitration. Then they return to their main job and are no longer considered labor arbitrators.

At the time of the resolution of the collective labor dispute, they are released from their main job while maintaining their average earnings (Article 405 of the Labor Code).

12. Since the labor arbitration is created as an independent arbitration body, it cannot include representatives of employees and employers involved in this dispute.

13. The fact of the creation of a labor arbitration, as well as its composition, with an indication of the chairman, shall be confirmed in writing. Recommendations No. 59 advise to formalize these actions by the protocol of a joint meeting of representatives of the parties and the state body for the settlement of collective labor disputes, the approximate form of which is provided for in Appendix 1 to Recommendations No. 59.

The protocol is signed by representatives of the parties and the relevant state body. The date of its signing is considered the day of the creation of the labor arbitration.

It is recommended that the protocol reflect the conditions for the participation of labor arbitrators in the consideration of a collective labor dispute, agreeing these conditions with the labor arbitrators, the heads of the organizations where they work, and the state body (paragraph 10 of Recommendations No. 59).

Simultaneously with the creation of labor arbitration, the parties and the state body for the settlement of collective labor disputes determine the rules of work and clarify its powers specified in part 5 of the commented article. This information is also reflected in the written decision.

14. The date of signing the award is considered to be the day of the creation of the labor arbitration. From this day, a 5-day (in working days) period is calculated, established for the consideration of a collective labor dispute in labor arbitration. This period, if necessary, can be extended by agreement of the parties (see comments to Art. 401).

15. To implement the tasks assigned to it, labor arbitration is endowed with the appropriate powers. He can: request and receive documents and information concerning the collective labor dispute; to hear explanations and appeals of the parties; make a decision on the merits of the dispute. If necessary, inform state authorities and local authorities about the possible social consequences of a collective labor dispute.

In the decision to establish a labor arbitration, the parties and the state body for the settlement of collective labor disputes may indicate the specific powers that are vested in labor arbitrators to resolve the dispute. For example, the right to interview employees of the organization to attract an expert or consultant.

Request and receive from the parties the necessary documents and information on the merits of the collective labor dispute;

Hear the explanations and appeals of the parties to the collective labor dispute;

Invite specialists competent in matters of this collective labor dispute to the meetings;

Require representatives of the parties to bring the decisions of the labor arbitration to the attention of the labor collective;

Propose possible options for resolving a collective labor dispute (clause 15 of Recommendations No. 59).

16. The labor arbitrator must:

Know the acting labor legislation, in particular, legal norms on collective agreements and agreements and the procedure for resolving collective labor disputes;

Own the methods of conducting the contractual process. It is desirable for him to familiarize himself with the basic principles of the work of trade union organizations, the current system for dealing with complaints from employees, personnel policy and other aspects of the life of an organization that is a party to a collective labor dispute;

To be able to analyze the situation, carefully evaluate the possible results of their proposals and recommendations, strive to end a collective labor dispute at the stage of consideration in labor arbitration. He must be ready to give the parties suggestions and alternatives on the procedure and substance of the contractual process in order to help the successful course of negotiations, and not to put pressure on the representatives of the parties (Appendix 3 to Recommendations No. 59).

17. It is important to emphasize the need for a conscientious attitude of every labor arbitrator to the duties assigned to him. Labor arbitration must examine in detail all the materials of the case, check the authority of the representatives of the parties, the essence of the disagreements that have arisen, establish, if possible, all the circumstances that are important for the settlement of the conflict.

18. Labor arbitrators are obliged to keep state, official and commercial secrets when carrying out conciliation procedures.

Confidential information entrusted to labor arbitrators in the process of considering a labor dispute should not be disseminated or used by them directly or indirectly for personal or other benefit.

The positions of representatives of each party, its plans and proposals made to the labor arbitrators in confidence, should not be transferred to the other party without the prior consent of the persons who provided the relevant information.

A labor arbitrator should not accept remuneration or valuable gifts from representatives of the parties to a collective labor dispute (Appendix 3 to Recommendations No. 59).

19. To ensure the normal operation of labor arbitration, it is necessary to resolve a number of issues, primarily on the provision of premises, provision of office equipment and service personnel (secretary, etc.), payment, if necessary, for specialist advice and other similar events.

The Code does not regulate the organizational and financial support for the activities of labor arbitrations. Problems of this kind should be discussed when creating this conciliatory body and resolved to a certain extent at the expense of the parties to the dispute. At the same time, taking into account international legal norms (in accordance with subparagraph 1, paragraph 3 of the ILO Recommendation No. 92, the conciliation procedure should be free of charge), it would be advisable in the future to entrust the organizational and technical support of the work of labor arbitration to state bodies for the settlement of collective labor disputes , especially since they are called upon to assist in resolving collective labor disputes.

20. The procedure for considering a dispute by labor arbitration (rules of procedure for its work) is determined by the parties and the state body for the settlement of collective labor disputes when creating the named body. The rules may establish the duration of daily meetings; rules for replacing one of the arbitrators in case of illness and other unforeseen circumstances; the order of the parties' explanations on the merits of the dispute; the possibility of challenging arbitrators, etc. (Clause 12 of Recommendation No. 59).

The law establishes only two requirements regarding the working procedure of labor arbitration. First, he must consider a collective labor dispute with the participation of representatives of the parties (part 4 of the commented article); therefore, holding meetings in the absence of one or both parties is unacceptable. There can be only one exception to this rule: when a representative of employees or a representative of an employer (employers) asked in writing to resolve the dispute without him, the other party agreed, and the arbitration considered it possible. In practice, such situations are extremely rare.

The second requirement concerns the subject of the dispute. Since labor arbitration is a conciliation body created to resolve a specific dispute, and is, as a rule, the second (and sometimes the third) body trying to reconcile the parties, only the protocol of disagreements drawn up by the conciliation commission or the mediator together with the parties to the dispute is submitted to it. ... In other words, the subject of the dispute is a range of issues on which the parties could not reach an agreement; in the process of resolving the dispute, it can only be narrowed by reaching certain compromises. It is unacceptable to submit for discussion in labor arbitration claims that were not considered by the conciliation commission.

21. The procedure for considering a dispute by labor arbitration consists of several stages:

Study of documents and materials submitted by the parties;

Hearing representatives of the parties;

Hearing witnesses and experts, if necessary;

22. The result of the consideration of a collective labor dispute in labor arbitration is the adoption of a decision on its settlement. It is drawn up in writing, signed by the labor arbitrators and submitted to the parties to the collective labor dispute.

The decision is taken taking into account all the circumstances of the case in strict accordance with applicable laws and other regulatory legal acts in the field of labor.

The decision is binding on the parties by virtue of the agreement on its implementation. The agreement must be concluded and formalized in writing before the creation of the labor arbitration or simultaneously with its creation.

23. The decision of the labor arbitration tribunal to settle the collective labor dispute must be made in writing.

24. In Moscow, as an experiment, the institution "Labor Arbitration Court for the Resolution of Collective Labor Disputes" was created and operates (Resolution of the Government of Moscow dated September 11, 2001 N 840-PP "On the establishment of the institution" Labor Arbitration Court for the Resolution of Collective Labor Disputes "/ / Bulletin of the Moscow Mayor's Office. 2001. N 36) Its founders were the Moscow Federation of Trade Unions, the Moscow Confederation of Industrialists and Entrepreneurs, the Committee for Public and Interregional Relations of the Moscow Government and the specialized bar "Inyurkollegiya".

This institution is not a court and does not belong to the judicial system. It does not administer justice and does not make decisions secured by state coercion. Its main task is to facilitate the resolution of collective labor disputes by assisting workers and employers in setting up labor arbitrations to consider specific collective labor disputes and ensuring their activities, in particular, providing them with premises for meetings, a regulatory framework.

It should be noted that the creation and operation of labor arbitration tribunals must be built in strict accordance with the current federal legislation. Neither the parties nor the institution "Labor Arbitration Court for the Resolution of Collective Labor Disputes" have the right to change the procedure for resolving a collective labor dispute, the sequence of conciliation procedures, the procedure for the formation of labor arbitration, etc. In other words, this institution was not created in order to introduce something new in the procedure for considering collective labor disputes, and with the sole purpose of ensuring a more effective resolution of labor conflicts on the basis of the current Labor Code. It is not without reason that the main goal of his activity is the settlement and elimination of conflicts arising between employers and labor collectives, legal and organizational support for the protection of the rights and legitimate interests of social partners.

Along with rendering assistance to the parties to a collective labor dispute in the creation of labor arbitration, the institution "Labor Arbitration Court for the Resolution of Collective Labor Disputes" performs a number of other - "related" - tasks. These include, for example, the dissemination of information about the activities of labor arbitration tribunals and institutions, that is, bringing to the attention of interested parties data on the composition of labor arbitrators, considered labor disputes, the established practice of applying legislation on collective labor disputes, the interpretation of complex provisions of the Labor Code and etc.

25. Part 7 of the commented article provides for the procedure for creating labor arbitration on a mandatory basis in cases where workers are not entitled to resort to using such a means of resolving a collective labor dispute as a strike.

The obligation to establish a labor arbitration tribunal, if a strike is impossible, was provided for by Art. 406 TC. However, this provision was in conflict with the provision of Part 1 of Art. 404 of the Labor Code, which establishes that labor arbitration is created only if the parties to the dispute conclude an agreement on the mandatory implementation of its decision. Now this contradiction has been eliminated: labor arbitration is created on an exceptional basis in the absence of such an agreement. In this case, the decision he made is binding on the parties by virtue of the instructions of the law.

Special rules have been established for determining the composition of arbitrators, the rules and powers of labor arbitration in the case of application of part 7 of the commented article. In contrast to the general approach - making decisions on these issues solely by agreement of the parties - when creating a labor arbitration, such a decision can be made by a state body for the settlement of collective labor disputes without the consent of the parties to the dispute. This decision is made if the parties to the dispute cannot come to an agreement.

The law made significant changes to this procedure. Now labor arbitration can be temporary (created by the parties together with the relevant state body for the settlement of collective labor disputes to consider a specific dispute) and permanent (formed by the decision of the relevant tripartite commission for the regulation of social and labor relations for the consideration and resolution of collective labor disputes referred to this body by agreement of the parties).
Having retained the norms on the possibility of independent creation of labor arbitration by the parties to each collective labor dispute, the Law provides for the right of the parties to submit it for consideration to a permanent labor arbitration under the appropriate tripartite commission for the regulation of social and labor relations.
After the parties make a mutual decision to transfer the collective labor dispute for consideration to labor arbitration, an appropriate agreement is concluded containing a condition on the mandatory implementation of its decision.

The composition and rules of temporary labor arbitration are established by the decision of the employer (representative of employers), representative of employees and the state body for the settlement of collective labor disputes. In a permanent labor arbitration tribunal, the procedure for forming the composition for permission and its rules are determined by the regulation or charter approved by the relevant tripartite commission for the regulation of social and labor relations.
The terms for consideration of a collective labor dispute in labor arbitration have changed: they have been reduced and amount to no more than 3 working days at the local level of social partnership and no more than 5 working days at other levels. These periods are counted from the date of the creation of a temporary labor arbitration or the transfer of a collective dispute for consideration to a permanent labor arbitration (Article 404 of the Labor Code of the Russian Federation).
If one party avoids participating in any of the conciliatory procedures, the other party has the right to demand negotiations on the application of the following type of conciliation procedures no later than the next working day after the presentation of the specified requirement. If the employer (representative of employers) avoids creating a temporary labor arbitration, transferring a collective labor dispute to a permanent labor arbitration tribunal or from participating in a collective labor dispute by a labor arbitration tribunal, it is considered that conciliation procedures did not lead to the resolution of the dispute (Article 406 of the Labor Code of the Russian Federation ). In such a situation, employees have the right to start organizing a strike.

124. The order of formation of conciliation bodies.

Three bodies for reconciliation of the parties:

1) a conciliation commission;

2) an intermediary;

3) labor arbitration.

Conciliation commission formed by representatives of the parties. The conciliation commission is formed from representatives of the parties to the collective labor dispute on an equal basis. The parties to a collective labor dispute shall not have the right to evade the creation of a conciliation commission and participation in its work.

The creation of a conciliation commission is formalized by the order of the employer and the decision of the employee representative. Such registration is necessary for a clear definition of the moment of creation of the commission, which is important when calculating the deadlines established by law and providing guarantees to employees in accordance with Art. 405 TC.

The principle of forming a conciliation commission is the equality of the parties, which in practice is manifested in the creation of a commission from an equal number of representatives of both parties.

Mediator can be invited on the proposals of the parties both independently of the Service for the settlement of collective labor disputes (hereinafter referred to as the Service), and on its recommendation.

The agreement of the parties on the participation of a specific person as a mediator and the conditions of his participation in resolving a collective labor dispute after preliminary agreement with this person, the head of the organization where he works, or the executive authority of the constituent entity of the Russian Federation, the territorial body for the settlement of collective labor disputes of the Ministry of Labor of Russia should issue a protocol. The approximate form of the protocol is given in Appendix No. 1 to these Recommendations.

If, within three days from the date of contacting the Service (the executive body of the constituent entity of the Russian Federation, which is entrusted with the functions of settling collective labor disputes, or territorial body on the settlement of collective labor disputes of the Ministry of Labor of Russia), the parties do not reach an agreement on the recommended candidacy of a mediator, he is appointed by this body. The parties shall be notified in writing of the appointment of a specific person as a mediator in the consideration of a collective labor dispute within three days from the date of contacting the appropriate authority.

In order to ensure the prompt selection of qualified mediators, the Service annually draws up lists of persons proposed to be involved as mediators in the settlement of collective labor disputes.

In building labor arbitration government bodies for the settlement of collective labor disputes are also involved. Together with representatives of employees and the employer (employers), they participate in determining the rules and powers of labor arbitration (part 3 of article 404 of the Labor Code). The law has adjusted the terms for creating a labor arbitration - 2 working days from the date of the conclusion of an agreement on the consideration of a dispute in labor arbitration at the local level and 4 working days when a labor dispute is resolved at other levels of social partnership.

Annually revised lists of persons recommended for involvement as labor arbitrators are drawn up.

Employees of these bodies may also act as labor arbitrators.

125. Time limits for resolving collective labor disputes.

Term for consideration of workers' claims by the employer	3 days from the date of receipt
The term for the establishment of the conciliation commission at KolTrudSpor (KTS1)	Within 3 days from the date of the start of the dispute
The term for consideration of a dispute in the conciliation commission	Up to 3 days at the local level and 5 days at other levels of social partnership days
The term for consideration of the CCC1 by the intermediary
The term for consideration of the CCC1 in labor arbitration	Up to 3 days at the local level and 5 days at other levels of social partnership days
The decision to hold a strike is sent to the employer	10 days before the start of the strike
Duration of the one-hour warning strike	Conducted after 5 days of the work of the conciliation commission.
The term for postponing or suspending a strike by a court decision	for up to 30 days, if the strike creates or may create an immediate threat to the life or health of people

126. The strike. The procedure for its holding and legal consequences for the participants.

Strike- this is a temporary voluntary refusal of employees to perform their labor duties (in whole or in part) in order to resolve a collective labor dispute.

Employees 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 evades conciliation procedures;

· If the employer does not fulfill the agreement reached during the settlement of the collective labor dispute.

The decision to declare a strike is made by a meeting (conference) of employees of an organization or a branch, representative office, or other separate structural unit. Moreover, since the law (Article 410 of the Labor Code of the Russian Federation) speaks of a separate structural unit, the decision to strike a brigade, workshop, department. The meeting (conference) is convened by the representative body of employees, previously authorized to resolve the collective labor dispute. The employer is responsible for providing premises and creating necessary conditions for a meeting (conference).

A meeting (conference) of employees is considered competent if attended by at least 2/3 of the total number of employees (conference delegates). The decision is considered adopted if at least half of the employees present at the meeting (conference) voted for it.

The new Labor Code of the Russian Federation for individual cases establishes another way to declare a strike. So, if it is impossible to hold a meeting (conference), the representative body of employees has the right to approve its decision by collecting the signatures of more than half of the employees in support of the strike (part 4 of article 410 of the Labor Code of the Russian Federation). However, this norm can be subject to adoption in cases where it is difficult to carry out general meeting workers (traveling nature of work, a large number of employees, etc.), it is precisely the convocation of a conference in which only delegates participate.

Also, the new Labor Code of the Russian Federation for the first time establishes the procedure for declaring a strike when resolving a collective labor dispute that arose during the conclusion of agreements (for example, at the industry level). In this case, the decision to declare a strike is made by a trade union (association of trade unions), and then a meeting (conference) of employees of this organization is approved for each organization.

However, the question remains whether the established conciliation procedures are required in all organizations supporting the strike, or whether a decision by the branch trade union is sufficient.

In addition, the legislator provides for the possibility of a warning strike. However, there are the following conditions:

· It can be announced only after 5 calendar days of the work of the conciliation commission and once;

· Its duration cannot exceed one hour;

· The employer must be notified about it in writing no later than 3 working days;

· The body heading it must provide a minimum of necessary work (services).

The employer must be notified about the beginning of the upcoming strike in writing (this can be an extract from the minutes of the meeting (conference) no later than 10 calendar days. If this condition is violated, there are grounds for declaring the strike illegal. This warning period allows the employer to take the necessary measures on the prevention of adverse consequences of the strike.At the same time, the employer warns of the forthcoming strike to the Service for the settlement of collective labor disputes.

The very decision to declare a strike is important. Therefore, as mentioned earlier, it must be in writing and must contain the following information:

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

2. the date and time of the start of the strike, its estimated duration and the estimated number of participants (the strike is not limited in time, it can be carried out until the workers' demands are fully satisfied);

3. the name of the body imposing the strike (for example, a strike or strike committee), the composition of employee representatives authorized to participate in conciliation procedures (however, the conciliation procedures carried out during the period of the strike are not established in the legislation, therefore, they must be determined by the parties themselves);

4. proposals for the minimum of work (services) required during the strike.

This minimum is necessary in those organizations, branches, representative offices whose activities are related to the safety of people, ensuring their health and the vital interests of society (for example, communications, transport, medical institutions and etc).

The minimum required work (services) is developed and approved by the federal executive body in agreement with the relevant all-Russian trade union in each sector (sub-sector) of the economy.

The minimum required work (services) in a separate organization, branch, representative office is determined by agreement of the parties together with the local government on the basis of the relevant list within 5 days from the date of the decision to declare a strike. Moreover, here the legislation establishes the following conditions:

1.the minimum should include only those works (services), the suspension of which may harm health or pose a threat to people's lives;

2. to a minimum, works (services) that are not provided for by the corresponding federal or regional lists cannot be soaked.

If the parties have not agreed on the minimum required work (services), it is established by the executive authority of the constituent entity of the Russian Federation. However, the parties can appeal against the decision of this body in court. If the established minimum of necessary work (services) is not provided, a strike may be illegal.

An ongoing strike may be suspended by decision of the body leading the strike. When the strike resumes, the employer and the Collective Labor Dispute Resolution Service must be notified in writing no later than 3 working days. In this case, a reconciliation commission or labor arbitration is not required to reconsider the dispute.

Employee guarantees:

Participation in a strike, that is, refusal to fulfill one's job duties, cannot be considered a violation of labor discipline. Therefore, it is impossible to apply disciplinary measures to workers participating in a strike, including termination of an employment contract for participating in a strike. An exception is made by employees who have violated the obligation to stop an illegal strike or refrain from holding it.

For the duration of the strike, the workers participating in it retain their place of work and position. However, the employer has no obligation to pay them wages for a given period. The exception is made by employees engaged in the performance of the mandatory minimum required work (services). Also, the employer must pay downtime to employees who do not participate in the strike, but who are not able to fulfill their labor duties (if it was not possible to transfer them to another job during downtime).

127. International Labor Organization (ILO), its goals and objectives. ILO Labor Conventions and Recommendations.

ILO is a specialized agency of the United Nations, international organizationdealing with the regulation of labor relations. For 2012, 185 states are ILO participants. Since 1920, the headquarters of the Organization, the International Labor Office, is located in Geneva. The office of the Subregional Bureau for Eastern Europe and Central Asia is located in Moscow.

Main tasks of the ILOaccording to its charter:

■ development of coordinated policies and programs aimed at solving social and domestic problems;

■ development and adoption of international labor standards for the implementation of adopted policies;

■ assistance to ILO member countries in solving employment problems and reducing unemployment;

■ protection of human labor rights, improvement of working conditions, labor protection, relations between workers and the administration, development of measures for special protection at work and employment of poorly socially protected groups of the population.

Objectives:

1) the establishment of a universal and lasting peace based on social justice;

2) the achievement of such conditions under which all people, regardless of race, faith, or gender, will be able to exercise their right to material well-being and their spiritual development in conditions of freedom and dignity, economic sustainability and equal opportunities;

3) recognition of the obligation to promote the adoption of programs by countries of the world.

The ILO adopts two types of instruments containing standards legal regulation Labor: Conventions and Recommendations.

The convention are international agreements and are binding on the countries that have ratified them. If the convention is ratified, the state takes the necessary measures to implement it at the national level and regularly submits to the Organization reports on the effectiveness of such measures. In accordance with the ILO Constitution, ratification by a State of a convention cannot affect national rules that are more favorable to workers. Under unratified conventions, the Administrative Council may request information from the state on the state of national legislation and the practice of its application, as well as on measures to improve them that are expected to be taken.