In the Viciebsk regional court on November 16 will be considered a complaint on the issue of establishing the fact of discrimination in labor relations. Earlier, the court refused to Połacak to establish the fact of discrimination against the former worker of "Połacak-Fiberglass" Victor Stukov for participation in the free trade union, on the decision and filed a complaint in Viciebsk.

Chairman of the Free Trade Union of the primary factory "Połacak-Fiberglass" Victor Stukov believed that the discrimination occurred in 2013, when he was dismissed from the company without the consent of the governing body of the union. While the collective agreement at the plant for the dismissal of the pro-government "Belkhimprofsoyuz", acting as the company requires the consent of the union. According to Victor Stukov limited by guarantee to a worker in connection with its non-participation in the official trade union constitutes discrimination.

Sunset on the other hand

But the courts have refused to even consider itself discriminatory event – the proceedings can legally confirm the fact of discrimination against workers. Belarusian courts have refused to consider the request of the chairman of Free Trade Union in 2013 in adversary proceedings, when he was trying to achieve reinstatement through the courts. Now the application is submitted to the court for consideration under the special procedure – only to establish a fait accompli discrimination in labor relations, without requiring its removal.

The irresponsibility of the bodies and persons

In the definition of the Połacak court said: "Explain Stukov Victor Ya, that the resolution of collective labor disputes is carried out by bodies and persons referred to in Art. 379 of the Labor Code of the Republic of Belarus ". Thus, the courts of Belarus believes that the review of the facts of discrimination on the job of jurisdiction the court and send the workers to the legislation by the offenders (bodies and parties) – the employer and the union under its control.

It is the employer and the trade union official in December 2012 approved a change in the collective agreement discrimination of workers. In 2014, the Director of JSC "Połacak-Fiberglass" and primary cell factory "Belkhimprofsoyuz" actually sabotaged the decision of the court of the decision to eliminate the problem of discrimination in a collective agreement. In the same year, then-director Nicholas Kachanovsky and chairman of the union Natalia Murashko signed a new collective agreement with its former position on discrimination of workers.

The issue of discrimination to consider the court or the employer?

Chairman of the primary plant Free Trade Union believes that the fact of discrimination in labor relations still needs to establish the court. This is confirmed by the Labour Code (Article 14), the Constitution (Article 60) and the International Covenant on Civil and Political Rights (part 1 of Article 14). Victor Stukov asks Viciebsk Regional Court to transfer his application for a new trial, now in Navapołacak City Court.

If the Viciebsk regional court on November 16 yet to confirm the decision of the court of Połacak, the decree will come into force, obliging the employer and the union to confirm or deny the fact of discrimination of workers. Today at "Fiberglass" the new CEO and Chairman of the primary "Belkhimprofsoyuz." On August 1, 2015 now manages Bunakov Andrew, chairman of the primary organization "Belkhimprofsoyuz" from December 12, 2014 is to Tatiana Gurov. Will the new officials also sabotage the decision of the court?

Alexander Morozov, Vitebsk Spring