In the workplace "Polotsk-Fiberglass" a collective labor dispute. Some of the workers do not agree with some of the norms of the collective agreement. After a series of procedures under the Labour Code, workers sent to the Director the requirement of " illegal change rules of the collective agreement." By presidential decree, the employer must have been for three days of labor dispute with workers notify the Department of Labor it - but it never happened.
The workers appealed in writing
In connection with the violation of the presidential decree workers " Fiberglass " sent three complaints about the inaction of the employer in the Department of Labor at all levels : in Polotsk Interdistrict Inspectorate of Labour, in Vitebsk Regional Executive Committee in the name of its chairman, in central Minsk office of the Department of Labour of the Ministry of Labour and Social Protection.
What workers argue with the director
Start date of the collective labor dispute under the law shall be the date when the employer refused to work to satisfy even some of their demands. This date was December 30, when the deputy director for ideology Lyudmila Propp signed a letter of Free Trade Unions (incidentally, it was the penultimate day of Ludmila Propp JSC " Polotsk- Fiberglass "). This letter was in response to workers' demands to change the collective agreement in terms of discriminatory rules. Discriminatory provisions of the collective agreement to share a relationship of employer working on the basis of belonging to a particular trade union, which is prohibited by Article 14 of the Labour Code.
Previously, paragraph 5.8 of the collective agreement was as follows:
"Termination of the employment contract with an employee, a member Belkhimprofsoyuz, on the initiative of the Employer subject to prior consent of the trade union committee, and a member of SPB, with the consent of the Council (in the case of providing listings SPB), except:..."
Since January 1, 2013, paragraph 5.8 of the collective agreement worded as follows:
"Termination of the employment contract by the employer to an employee, a member Belkhimprofsoyuz, subject to prior consent of the trade union committee, and a member of the primary organization SPB - a notice to the board of the primary organization of the SPB, except..."
Patient complained the whole 2013th year
Throughout the 2013 workers appealed changes in the collective agreement of the enterprise in various state courts. Interests perturbed workers in state agencies is the Free Trade Union "Fiberglass". Among government agencies, where workers complained - Polotsk and Vitebsk prosecutors Polotsk Interdistrict Inspectorate of Labour, Polotsk City Executive Committee, the courts Polotsk, Vitebsk and even the Constitutional Court concern "Belneftekhim".
None of these government agencies, designed to stand on the protection of the law, took no courage to admit paragraph 5.8 of the collective agreement invalid because it contains discriminatory conditions.
The dispute at the request of officials
Most of these workers offered by state agencies to enter into collective labor dispute with the employer. Here, for example, reported that the deputy prosecutor of the Vitebsk region Koren'kov Georgy : "... At the same time clarify that if the organization has several trade unions, each of them (on behalf of its members) can independently participate in the resolution of collective labor dispute with the employer on the conclusion, modification or amendment of the collective agreement."
Clarification of the same order contained in the response of the Constitutional Court of Belarus.
However, the employer, JSC "Polotsk- Fiberglass" decided to sabotage the collective demands of the workers and ignore the labor dispute in violation of the Decree number 320 of 23 July 2013 "On some issues of settlement of collective labor disputes."
Workers "Fiberglass" waiting constructive response of the Department of Labour Protection.
Alexander Morozov, dyjalog.info
