Polotsk court on December 20 decided to oblige the Director of JSC "Polotsk-Fiberglass" not to interfere with the visiting Chairman of the Free Trade Union of the factory workers of the enterprise Victor Stukov. The decision will come into force on 1 January 2015, until December 31, if the director did not appeal against the decision in the Vitebsk regional court. Appeals may tighten Seen plant Free Trade Union representative for another month and a half.
Going to court to Director of JSC "Polotsk-Fiberglass" was made at the request of the Free Trade Union of the workers. Recent considered themselves discriminated against by the fact that their representative can not go to the workplace members of the Free Trade Union, while, to the members of the "Belkhimprofsoyuz" constantly coming their union representatives.
Workers' representatives
Workers of "Polotsk-Fiberglass" the court was represented by Deputy Chairman of the Belarusian Free Trade Union of Vitebsk region, Nikolai Sharah, worked in a factory as an assistant foreman and the Chairman of the primary factory Victor Stukov, who has worked at the plant 29 years and being on early retirement for working in hazardous conditions .
Evidence for the court
In the court were given evidence that free trade union in the factory is registered by local authorities; documents confirming that Mr. Stukov is the chairman of the primary organization; documents for the transfer of workers through union dues accounting plant, confirming the fact of belonging to the workers Belarusian Free Trade Union.
Workers simple and clear objective
The purpose of going to court with a lawsuit was the elimination of discrimination and obstacles in visiting chairman of Free Trade Union of the enterprise, which Stalling by the administration of the plant. At the same time, according to representatives of the Free Trade Union, whether it is provided by the issuance of permits or in a different order - does not matter. The need to visit workplaces union members connected with the conduct of public control, order is settled by the current legislation. Workers were asked to oblige the director of the plant not to interfere with the chairman of the Free Trade Union of Victor Stukov visit the company.
Objections employer
At the hearing and in the written objections to the claim representative of the defendant Basil Zatirahin pointed out that the claim does not recognize in full. According to the administration of the plant, JSC "Polotsk-Fiberglass" operating hazardous production facilities, to regime is now, and any visit to its industrial sites is not allowed.
According to the court Zatirahina, in July 2014 the chairman of the union was trying to illegally visit the facilities to carry out checks of working conditions and respect for their labor rights, without having the corresponding regulations and other necessary documents. Throughput and intrabuilding regime defendant settled instruction approved 22/04/2014, according to which the grounds for issuing passes Stukov VJ not available - so says the company's administration.
Zatirahin argued that the number of members of the Free Trade Union of Belarus at the factory is 0.36% of the total number of employees, the primary organization is not a party in the company concluded a collective agreement; at the same time members of the "Belkhimprofsoyuz" is 97.7% of workers with a primary trade union organization said the defendant carried out a social partnership.
Workers rely on the international commitments of Belarus
In their job requirements referred to international law. In a statement to the court stated that the factory director Nicholas Kochanowski not given the opportunity to visit the shops and workplaces of members of the Free Trade Union, which is contrary to the provisions of Article 23 of the Law "On Trade Unions", is a violation of the obligations of the Republic of Belarus on the International Labour Organization Conventions and №87 №98, the Covenant on Civil and political Rights. However, the factory workers who are in "Belkhimprofsoyuz" workplace freely visited by representatives of the latter.
The Court decided
After hearing the plaintiff Victor Stukov, the plaintiff's representative - the primary organization of "Polotsk-Fiberglass" Free Trade Union - Nicholas balls representative defendant Vasil Zatirahin by examining the written materials of the case, the court concluded that the claims of workers subject to satisfaction.
The court's decision specifies the following requirements for the director of JSC "Polotsk-Fiberglass":
1. To instruct the Joint Stock Company "Polotsk-Fiberglass" not to interfere with the visiting public corporation "Polotsk-Fiberglass" chairman of the primary organization of "Polotsk-Fiberglass" Free Trade Union Stukov Victor Y.
2. To collect from Open Joint Stock Company "Polotsk-Fiberglass" in favor Stukov Victor Y. state fee in the amount of 450 thousand rubles.
Alexander Morozov
