A strike is sometimes the only way to achieve "rapport" with management that ignores the wishes of their employees. According to the Labor Code (hereinafter - TC), the reason for this action may be a delay or non-payment of wages, irregular working hours, failure to provide leave, etc. The employer has no right to refuse to negotiate with the organizers of the strike.
It is necessary
- - general meeting of the team;
- - written requirements for the employer;
- - creation of a conciliation commission;
- - protocol of disagreements;
- - written notification to the employer.
The right to strike is enshrined in Article 37 of the Constitution of the Russian Federation as a legal means of protecting one's rights and interests. Moreover, Art. 415 Labor Code says that it is illegal to fire workers involved in this collective labor dispute. It is also illegal to compel the management to abandon the strike. Moreover, the administration of the enterprise is obliged to provide the strikers with a special room for holding meetings.
But before organizing a strike, hold a general meeting of employees (at least 2/3 of the team) and formulate requirements for the administration of the enterprise. Your complaints must be clear and specific. For example, improve labor safety, index wages, etc.
Put your requirements in writing to the employer so that they are legally binding. Wait for his answer. He is obliged to answer you within three days.
If you refuse to make concessions, organize a conciliation commission from representatives of the employer and employees. She must resolve all your differences within five days. If the reconciliation was not successful, a special mediator from the Ministry of Labor deals with the settlement of collective disputes. In the event that he is not able to do this either, a so-called protocol of disagreements is signed between the opposing sides. Labor arbitration is also involved in resolving the conflict.
If the conflict is not settled, hold a general meeting of the collective and announce the long-awaited strike. At least half of the audience must vote for it. Record all information about the meeting in the minutes.
Notify the employer in writing 10 days before the strike. State the date and time of the start of the strike, the estimated number of participants and the duration. By the way, the law does not determine how many people can take part in a strike. It can be either the whole team or one service or department.