August 8 board Viciebsk regional court upheld the decision of the Połacak court on June 23, 2016, which upheld the dismissal of assistant foreman №7 of JSC "Połacak-Fiberglass", deputy chairman of the Belarusian Free Trade Union Republican Nicholas Sharah.
The reason for the lawsuit was initiated by the leadership of the enterprise with the termination of trade union leader working relationship. Nikolai Sharah was dismissed on 26 April. His refusal to continue his contract administration explained that previously he had three times brought to disciplinary responsibility.
Violations committed by Sharah, from the point of view of the administration, contrary to the collective agreement in force at the company. According to the approved normal, the continuation of the contract with the persons who left three years or less until they reach normal retirement age depends on the integrity of the worker, his compliance with production and technical, labor and executive discipline. Given this rule, the administration did not agree on a contract extension.
Speaking at the Regional Court, Nikolai Sharah drew attention to the jury the fact that the Court of Połacak and Połacak district violated the principle of transparency, since there for the hearing was only possible if there is missing. He said, and that the court did not hear a statement by their witnesses.
As a member of the improvement of labor law at the Ministry of Labour Council (a tripartite consultative body of employers, government and trade unions), Sharah drew attention to the changes in this year's collective bargaining agreement: the employer has extended the range of persons with whom you cannot continue the contract. As a result, the legal status of workers has deteriorated even in comparison with the existing legislation. In this regard, – he said the trade union activist – Adoption of rules can be viewed as discrimination.
His dismissal of the deputy chairman of the UPB considers illegal, since he is a person approaching retirement age. According to the union leader, a new contract with them until they reach a certain age, the legislation must be concluded.
The representative of JSC "Połacak-Fiberglass", the head of department of legal support of the enterprise Basil Zatirahin, defending the validity of the decision of the court of Połacak, explained why the court had not been caused by the alleged Nicholas Sharah witnesses and rejected accusations of discrimination in the dismissal of trade union leader.
