Court of Polotsk August 18 refused to consider a lawsuit against the JSC "Polotsk-Fiberglass" about elimination of discrimination in labor relations. Application to the court directed the chairman of the Free Trade Union of Workers of the plant "Fiberglass" Victor Stukov (pictured). It was a second appeal to the court on newly discovered evidence, the court's refusal in the same judicial protection was in March 2013.
Factory workers see discrimination clause of the collective agreement, which limits the right of the worker to be protected against dismissal on the grounds of participation or non-participation in the union. JSC "Polotsk-Fiberglass" to dismiss the worker, consisting Belkhimprofsoyuz requires the consent of the union. But if the work is to Belarusian Free Trade Union (SPB), the director of the company need only notify the dismissal of trade union member.
This innovation in the collective agreement of JSC "Polotsk-Fiberglass" made with the consent of Belkhimprofsoyuz from January 1 of 2013. Protest Free Trade Union of the employer failed to take into account, although the change in the legal status only worsened the working of the SPB. In March 2013 the director of "Fiberglass" Nicholas Kochanowski takes discriminatory rules of the collective agreement, to dismiss the worker Victor Stukov, chairman of the Free Trade Union.
Labour Code entitles the worker to go to court, if it considers that this constitutes discrimination in labor relations. However, the entire judicial system of Belarus precludes the ability to exercise this right. Courts at all levels, right up to the Supreme Court and the Constitutional Court, was denied a factory worker in consideration of the merits of his claim for the elimination of discrimination.
Worker can submit a petition to the court, but only who can consider it?!
In March 2013 the court refused Polotsk Victor Stukov in consideration of the merits of discrimination and encouraged him to apply to the union to eliminate discrimination through collective bargaining. Recommendation of the court has been executed, but the commission on collective bargaining plant "Fiberglass" refused to change the collective agreement. Since July 31, the negotiating committee ceased to exist, as the expired collective agreement. These circumstances were taken as a basis for the newly discovered to induce the court to reconsider the fact Polotsk substantive discrimination.
Factory workers "Fiberglass" intend to continue to strain the judicial system of Belarus, seeking review of discrimination of workers on the basis of participation in the union on the merits. Especially that a discriminatory point of the collective agreement with the August 1, 2014 gradually moved into a new collective bargaining agreement JSC "Polotsk-Fiberglass".
