DEAR CITIZENS!
Recently, labor conflicts at the enterprises of the region have become more frequent.
They often turn into spontaneous strikes.
In order to meet socio-economic and professional requirements, employees have the right to go on strike.
However, to do this, it is necessary to go through the stages of conciliation procedures, otherwise the strike will be declared illegal.
In this regard, we explain that the procedure for the consideration of collective labor disputes is regulated by the Labor Code (hereinafter referred to as the Code), which was adopted on November 23, 2015.
Thus, the employer is obliged to consider the requirements put forward by employees within three working days and take measures to resolve them.
If it is impossible for their permission to bring their decisions and proposals (in writing) to the employees (part 2 of Article 163 of the Code).
In the future, the dispute must be resolved in the conciliation commission (within up to seven working days).
This is a body created by a joint decision of the parties on a parity basis.
In the process of dispute resolution, the conciliation commission consults with employees, the employer and other persons.
The commission's decision is made on the basis of an agreement of the parties, is formalized by a protocol and is binding on the parties.
The members of the conciliation commission are released from work with pay for the duration of participation in negotiations.
At the same time, we note that none of the parties has the right to evade participation in conciliation procedures.
If an agreement is not reached in the conciliation commission, its work is terminated, and labor arbitration is created by the parties to resolve the dispute (Part 6 of Article 165 of the Code), with the involvement of representatives of the akimat (state labor inspector).
The number of members of the labor arbitration, its composition and the procedure for considering a labor dispute are determined by an agreement of the parties on a parity basis (in this case, the labor arbitration must be at least five people).
According to the workers' claims under consideration, the members of the conciliation commission may not be part of the labor arbitration.
The decision of the labor arbitration is made no later than seven working days by a simple majority of the votes of the arbitration members and is binding.
On issues unresolved by arbitration, it is necessary to apply to the courts.
At the same time, at the request of the employer or the prosecutor, only a court can recognize a strike without following the appropriate procedure as illegal.
In this case, criminal liability with imprisonment for up to 3 years is provided for coercion and calls to continue participating in a strike recognized by the court as illegal (articles 157 and 402 of the Criminal Code).
We urge citizens to strictly observe the norms of the current legislation, not to succumb to provocations and refrain from participating in illegal strikes.
Law enforcement agencies will prevent any offenses that infringe on the established order, public safety, as well as take measures provided for by law to prevent them.
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