⭐ Strike under the Labor Code of the Russian Federation: what the law says

Strike as a means of resolving labor conflicts

The right to strike is combined with the process of resolving labor conflicts, which is also based on international law. This right is described as volitional measures taken by workers against the employer to encourage him to resolve the dispute that has arisen. At the same time, a strike should not be a means of putting pressure on the bodies that are involved in resolving the dispute, which includes arbitration bodies for voluntary reconciliation. Based on these principles, ILO Recommendation No. 92 “On Voluntary Conciliation and Arbitration” dated June 29, 1951 was created, which states the need to suspend the strike while negotiations are being held in the process of conciliatory dialogue or consideration of the conflict by an arbitration body.

International legal acts on human rights determine the possibility of regulating the right to strike in the domestic legislation of the state.

Consequently, the legislator makes decisions in the field of regulating the grounds and conditions for holding a strike, as well as the grounds for preventing it.

This situation describes the need on the part of the legislator, when determining the rules for organizing strikes, to carry out mandatory coordination between the protection of professional interests, one of the instruments of which is a strike, and the protection of public interests, which may be harmed or the rights of citizens of the country may be violated.

What is guaranteed by the Constitution of the Russian Federation regarding a strike:

Definition of a strike as a legal action of workers;
Providing legal opportunities to organize a strike through the implementation of state guarantees;
Definition of a strike as a tool for resolving collective disputes regarding labor;
Attributing issues of strike regulation to the responsibility of the federal legislator.

When describing the guarantee for a strike, it is necessary to highlight the connection between the coordinated actions of workers in the process of protecting their legitimate interests with the implementation of other collective labor rights.

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The right to strike is considered a collective right from a legal point of view. This right is granted to a collective of civilian workers and is carried out by a representative of this collective (in this case, a trade union). From a historical point of view, the strike emerged as a phenomenon and later received legal recognition as a collective action. The public nature of stopping labor obligations forces the employer to take conciliatory measures and take actions that can resolve disagreements.

The right to strike, which is based on the provisions of the international community, the Constitution of the Russian Federation, and labor legislation, provides an opportunity to take a critical look at claims that a strike can be carried out as a method of resolving individual conflicts.

At the same time, we should not forget that the individual aspect of the strike does take place - a civilian can decide whether to participate in a strike or not to participate in it.

The right to strike is guaranteed by the following legal options:

Free discussion of the issue of holding a strike and the possibility of making an independent decision on participation in it;
Providing the opportunity to freely decide on the form and duration of the strike, as well as freedom to discuss the demands put forward to the employer and the implementation of the minimum performance of compulsory work;
Unhindered conduct of the strike and ensuring public order without violating the rights of civilians not participating in the strike;
Stop the strike, if so decided by the body that led it;
Take advantage of guarantees from the state, including: maintaining jobs for those who participate in the strike, a ban on lockout, a ban on bringing to disciplinary liability those who decided to participate in the strike.

Working citizens, as their representatives, can begin organizing a strike in the following cases:

Conciliatory actions did not lead to the resolution of the labor conflict;
The employer does not take part in conciliatory actions;
The employer does not follow the agreement that was reached after the resolution of the collective labor dispute;
The parties to the collective labor conflict did not agree on the implementation of the recommendations of the labor arbitration.

It is worth noting that representatives from the employer’s side do not have the right to organize and participate in a strike.

The law connects the possibility of exercising the right to strike with the presence of grounds that confirm the impossibility of resolving the dispute by other means.

The right to strike is exercised in the manner prescribed by law (in accordance with Articles 410-412 of the Labor Code of Russia), and subject to certain conditions. One of the most important conditions in this case is the need for preliminary conciliation actions. The position of the Russian legislator, who established the need to take conciliatory measures before declaring a strike, maintain public order and ensure the safety of the employer’s property, coincides with the ILO’s views on the correct exercise of the right to strike. The ILO Committee on Freedom of Association considers the following conditions justified for the preparation and implementation of a strike:

Establishing the need for advance warning of a strike;
Obligation to carry out prior conciliatory measures;
The presence of a quorum and confirmation of the decision to hold a strike by a majority of competent workers;
The obligation to decide on a strike through an anonymous vote;
Take measures that prevent accidents and guarantee the safety of the event;
Ensuring that the minimum amount of work is completed during a strike in vital sectors;
Ensuring freedom of decision for workers who do not want to participate in a strike.

Definition

Temporary voluntary deviation of an employee from performing his job duties to resolve a collective labor dispute implies the concept of a strike. The right to strike is defined by the Constitution of the Russian Federation and the Labor Code of the Russian Federation.

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Participation in it can only be voluntary. You cannot force workers to go on strike or threaten them if they refuse to participate in an event.

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A person who forces an employee to participate in a strike or, conversely, refuse to participate, may be held accountable (including criminal liability).

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Legal regulation of a strike

If the employer fails to fulfill its obligations to employees, a decision is made to declare a strike at their general meeting. Participation in it is voluntary; any member of the work collective has the right to ignore the event.

The legitimacy of the event is guaranteed only by the presence at the meeting of more than half of the company’s employees. The decision to go on strike is considered adopted if more than half of those present voted for it.

The outcome of the meeting is summarized in writing, which reflects the following information:

List of claims and disputes;
Number of people present and their signatures;
Date and time of the meeting;
The procedure for ensuring the production process at a minimum level (a complete stop of production is unacceptable).

The last point deserves special attention. The issue of ensuring a minimum work process and the persons responsible for it is discussed at the meeting.

The organizers appoint a strike leader - he coordinates the actions of the workers and has the right to terminate the strike early.

The employer must be notified of the upcoming strike in advance - at least 10 days before it. Written notice is sent to him on behalf of the asset.

The circumstances prohibiting a strike are listed in the law “On Collective Labor Disputes”. According to Art. 13, strikes that pose a threat to public order are prohibited. For this reason, strikes by law enforcement officials are prohibited, as reflected in Art. 413 part 2 of the Labor Code of the Russian Federation.

Types of strikes

The concept of a strike is considered from two perspectives. The first recognizes as a strike the cessation of regulated production activities due to external or internal conflicts of interest. The second approach tends to argue that not all forms of mass protest can be considered a strike. In practice, there are other hidden forms of resistance against the actions or inactions of management.

A strike as a way to resolve a collective labor dispute is determined by the following characteristics:

Mass suspension of production activities for an indefinite period;
Temporary cessation of work, after which employees return to work;
Collective cohesion, community of interests and practical steps to protect them;
The desire to influence important decisions.

The procedure for declaring a strike

Pre-strike conciliation measures are required by law. Without them, the legality of the strike is reduced to zero. These provisions are formulated in Art. 402, 403 and 404 of the Labor Code of the Russian Federation.

The conciliation commission considers the received claim;
Conducting negotiations with the assistance of intermediaries;
Submitting the dispute to Labor Arbitration.

The employer's refusal to participate in such conciliation procedures or failure to reach consensus authorizes a strike. Another important condition is maintaining public order and avoiding damage. Otherwise, the employer submits an application to declare the strike illegal.

Only on the 6th day after the end of the conciliation procedures is a preliminary one-hour strike held. This is possible only after notifying management. Having received it, he is obliged to provide conditions for the strikers - to allocate territory or premises, and also to report the event to the relevant government agencies.

Legal regulation of a strike

The workers' strike is legalized by two regulations:

The Russian Constitution, which enshrines the fundamental rights of citizens - including the right to strike;
The Labor Code, which protects the interests of employees (but also their employers).

Article 37 of the Constitution (clause 4) recognizes that working citizens have the right to resolve labor disputes by refusing to work. However, the content of Article 55 of the Basic Law allows us to conclude that the right to strike may be limited. For example, if its implementation threatens the security of the state.

The Labor Code devotes several articles directly to strikes - from 409 to 417. They regulate a number of issues related to the organization of such actions, including:

the procedure for declaring a strike (Article 410 of the Labor Code);
responsibilities of the parties to a labor conflict (Article 412 of the Labor Code);
in what cases is refusal to work considered illegal (Article 413 of the Labor Code);
guarantees for striking workers (Article 414 of the Labor Code), etc.

The right of workers to strike and its implementation

Each employee is endowed with rights, as well as resources to protect them. An employee can go on strike to defend his rights. However, even a strike must be organized in accordance with the letter of the law. Compliance with the rules will allow you to achieve your goals and avoid problems.

Legal justification for the right to strike

The right to strike is enshrined in Article 37 of the Constitution of the Russian Federation. This is the highest source of law, and therefore all provisions of the Labor Code, various Federal Laws, regulations, internal acts of the enterprise must comply with it.

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The legality of organized protests is considered in more detail by Article 407 of the Labor Code of the Russian Federation. Let's look at the basic rules:

A strike is organized only when all attempts at reconciliation have been made to resolve the labor conflict, but the employer either evades reconciliation or does not fulfill the agreements that were established. Another option: a certain decision was made by labor arbitration regarding the head of the enterprise, but he does not comply with it.
Before organizing a protest event, employees should familiarize themselves with the provisions of Article 413 of the Labor Code of the Russian Federation, which sets out various restrictions and circumstances that impede the implementation of a protest.
Participation in the event must be entirely voluntary. It is strictly prohibited to force a worker to make a decision (positive or negative) regarding participation in a protest. If this happens, the person at fault is responsible.
Representatives of the employer cannot take part in any way in the protest or its preparation. This rule is stipulated by Article 409 of the Labor Code of the Russian Federation.

The regulations that you need to familiarize yourself with before organizing an event are Articles 407 and 413 of the Labor Code of the Russian Federation.

Realization of the right

When organizing a protest event, you must adhere to the following order:

The decision to hold an event is made by a meeting of company employees. It is preceded by a corresponding initiative of a representative meeting of workers, which was engaged in resolving the conflict that arose. If the initiative to hold a strike was taken by a trade union, each meeting of workers approves the decision separately. There are requirements for the meeting: at least 2/3 of the total number of workers in the company must take part in it. The decision to hold the event in question is lawful if at least 50% of the employees present at the meeting support it. If it is not possible to hold it, the representative body of workers approves the decision based on the signatures of 50% or more of the workers in support of the protest event.
After 5 days of work of the representative meeting to resolve the conflict, it is allowed to declare a warning strike. Requirements for it: duration no more than an hour, notification of the event must be sent to the employer no less than 3 days before it takes place.
The employer must be notified of a major strike 10 days in advance. This requires written notice.
The employer must notify the Labor Conflict Resolution Service about the start of the event (this need is established by Article 410 of the Labor Code of the Russian Federation).

Only after completing all the steps under consideration can you proceed directly to the strike.

What kind of strike will be considered legal?

An event is recognized as legal only when it meets the following standards:

A preliminary attempt at reconciliation was made, but the employer ignored it.
The decision to carry out the event was made by the meeting, and they managed to get enough money for the strike.
The employer received timely notification of the event.
All workers participated in the protest voluntarily; there was no pressure factor.

These are the main signs of the legitimacy of the event.

Which strike will be considered illegal?

A protest event is considered illegal if the following circumstances exist:

The duration of the strike has not been announced, and the requirements for the event have not been taken into account.
The event poses a threat to the Constitution and the health of citizens (according to Article 55 of the Constitution of the Russian Federation).
Workers do not perform the minimum work prescribed in the decision.

Protests are not recognized as legal:

During martial law or emergency.
In armed structures and other military associations.
In the structures responsible for defense, its security.
In rescue and fire-fighting organizations.
In structures responsible for actions during natural disasters and emergencies.
In law enforcement agencies.
In companies engaged in servicing hazardous forms of production.
In the ambulance.
In structures that ensure people’s livelihoods (for example, heating, gas supply companies, clinics).

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That is, cessation of activity is not allowed when it poses a threat to the life and health of people. The above list is set out in Article 413 of the Labor Code of the Russian Federation.

Important
The manager does not have the right to prohibit protest events by internal acts of the enterprise. In this case, they will contradict the Constitution. Most likely, the court will side with the workers.

All the bans on strikes contained in the Labor Code of the Russian Federation can hardly be called absolute. This is due to the fact that they contradict the Constitution, the highest source of power. According to its provisions, any person has the right to protest.

Consequences of declaring a strike illegal

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Only the courts can declare an event unlawful. Once a resolution is issued declaring a protest unlawful, it must be terminated immediately. Workers undertake to begin work no later than the next day after receiving a copy of the court decision. If employees continue to strike, they will be subject to disciplinary action. A representative body that does not stop the strike must compensate for all losses of the enterprise.

Article 415 of the Labor Code of the Russian Federation contains a ban on lockout. This is the dismissal of workers because of their participation in an event held according to all the rules. If a manager fires an employee for this reason, this entails an administrative penalty: a fine of 4,000-5,000 rubles (according to Article 5.34 of the Code of Administrative Offenses of the Russian Federation).

Persons who forced employees to participate or not to participate in a strike are also responsible:

A fine of 500-1000 rubles. for citizens.
1000-2000 rubles for officials.

These forms of liability are stipulated in Article 5.40 of the Code of Administrative Offenses of the Russian Federation. Fines are paid exclusively by court decision.

Labor Code of the Russian Federation on strike

According to Article 398 of the Labor Code of the Russian Federation

A strike is a temporary voluntary refusal of workers to perform labor duties (in whole or in part) in order to resolve a collective labor dispute.

Labor Code of the Russian Federation on a strike:

Article 409. Right to strike

In accordance with Article 37 of the Constitution of the Russian Federation, the right of workers to strike is recognized as a way to resolve a collective labor dispute.

If conciliation procedures do not lead to the resolution of a collective labor dispute (Article 406 of this Code) or the employer (employer's representatives) or employers (employers' representatives) do not fulfill the agreements reached by the parties to the collective labor dispute during the resolution of this dispute (Article 408 of this Code), or do not comply with the decision of the labor arbitration, then the workers or their representatives have the right to begin organizing a strike, except for cases when, in accordance with parts one and two of Article 413 of this Code, a strike cannot be held in order to resolve a collective labor dispute.

(Part two as amended by Federal Law dated November 22, 2011 N 334-FZ)

(see text in the previous edition)

Participation in the strike is voluntary. No one can be forced to participate or refuse to participate in a strike.

Persons who force workers to participate or refuse to participate in a strike bear disciplinary, administrative, and criminal liability in the manner established by this Code and other federal laws.

Representatives of the employer do not have the right to organize a strike or take part in it.

Article 410. Declaration of a strike

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

The decision to declare a strike is made by a meeting (conference) of employees of an organization (branch, representative office or other separate structural unit), individual entrepreneur at the proposal of the representative body of employees, previously authorized by them to resolve a collective labor dispute.

The decision on the participation of employees of a given employer in a strike declared by a trade union (association of trade unions) is made by a meeting (conference) of employees of a given employer without conducting conciliation procedures.

A meeting of employees of a given employer is considered valid if more than half of the total number of employees is present. A conference of employees of a given employer is considered valid if at least two-thirds of the conference delegates are present.

(as amended by Federal Law dated November 22, 2011 N 334-FZ)

(see text in the previous edition)

The employer is obliged to provide premises and create the necessary conditions for holding a meeting (conference) of employees and has no right to interfere with its holding.

The decision is considered adopted if at least half of the employees present at the meeting (conference) vote for it. If it is impossible to hold a meeting (conference) of workers, the representative body of workers has the right to approve its decision by collecting the signatures of more than half of the workers in support of the strike.

During the period of consideration of a collective labor dispute by the conciliation commission, workers may conduct a one-hour warning strike. A warning strike is allowed when considering a collective labor dispute at the local level of social partnership after three calendar days of work of the conciliation commission with a warning to the employer in writing no later than two working days, and when considering a collective labor dispute at other levels of social partnership - after four calendar days days of work of the conciliation commission with a warning to the employer in writing no later than three working days.

(Part six as amended by Federal Law dated November 22, 2011 N 334-FZ)

(see text in the previous edition)

When conducting a warning strike, the body leading it provides the minimum necessary work (services) in accordance with this Code.

The employer must be notified in writing of the start of the upcoming strike no later than five working days. The association of employers and other representatives of employers, determined in accordance with Article 34 of this Code, must be notified in writing no later than seven working days of the start of a strike declared by a trade union (association of trade unions).

(Part eight as amended by Federal Law dated November 22, 2011 N 334-FZ)

(see text in the previous edition)

The decision to declare a strike shall indicate:

a list of disagreements between the parties to a collective labor dispute, which are the basis for declaring and conducting a strike;

date and time of the start of the strike, estimated number of participants. In this case, the strike cannot be started later than two months from the date of the decision to declare a strike;

(as amended by Federal Law dated November 22, 2011 N 334-FZ)

(see text in the previous edition)

the name of the body leading the strike, the composition of employee representatives authorized to participate in conciliation procedures;

proposals for the minimum necessary work (services) performed during the strike by employees of an organization (branch, representative office or other separate structural unit), individual entrepreneur.

The employer warns the relevant state body for the settlement of collective labor disputes about the upcoming strike.

In the event that the strike was not started within the period determined by the decision to declare a strike, further resolution of the collective labor dispute is carried out in the manner established by Article 401 of this Code.

Article 411. Body leading the strike

(as amended by Federal Law dated November 22, 2011 N 334-FZ)

(see text in the previous edition)

The strike is led by a representative body of workers.

The body leading the strike has the right to convene meetings (conferences) of workers, receive information from the employer on issues affecting the interests of workers, and attract specialists to prepare opinions on controversial issues.

The body leading the strike has the right to suspend the strike. To resume a strike, a re-examination of the collective labor dispute by a conciliation commission or in labor arbitration is not required. The employer and the relevant state body for the settlement of collective labor disputes must be notified in writing about the resumption of the strike no later than two working days, and about the resumption of the strike declared by the trade union (association of trade unions), the association of employers, other representatives of employers, specified in in accordance with Article 34 of this Code, and the relevant state body for the settlement of collective labor disputes must be notified in writing no later than three working days.

Article 412. Obligations of the parties to a collective labor dispute during a strike

During the strike, the parties to a collective labor dispute are obliged to continue resolving this dispute through negotiations.

(as amended by Federal Law dated November 22, 2011 N 334-FZ)

(see text in the previous edition)

The employer, executive authorities, local government authorities and the body leading the strike are obliged to take measures within their control to ensure public order during the strike, the safety of the property of the employer and employees, as well as the operation of machinery and equipment, the stoppage of which poses an immediate threat to life and health of people.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

List of the minimum necessary work (services) performed during the strike by employees of organizations (branches, representative offices or other separate structural units), individual entrepreneurs, whose activities are related to the safety of people, ensuring their health and vital interests of society, in each industry (sub-industry) ) of the economy is developed and approved by the federal executive body, which is entrusted with the coordination and regulation of activities in the relevant sector (sub-sector) of the economy, in agreement with the relevant all-Russian trade union. If there are several all-Russian trade unions operating in a sector (sub-sector) of the economy, the list of the minimum required work (services) is approved in agreement with all all-Russian trade unions operating in the sector (sub-sector) of the economy. The procedure for developing and approving the list of minimum required works (services) is determined by the Government of the Russian Federation.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

The executive body of the constituent entity of the Russian Federation, on the basis of lists of the minimum necessary work (services), developed and approved by the relevant federal executive authorities, develops and approves, in agreement with the relevant territorial associations of trade union organizations (associations of trade unions), regional lists of the minimum necessary work (services) , specifying the content and determining the procedure for applying federal sectoral lists of the minimum required work (services) on the territory of the corresponding constituent entity of the Russian Federation.

The minimum necessary work (services) performed during the strike by employees of an organization (branch, representative office or other separate structural unit), individual entrepreneur, is determined by agreement of the employer (employer's representative) and the representative body of workers together with the local government on the basis of lists of the minimum necessary work (services) within three days from the date of the decision to declare a strike. The inclusion of a type of work (service) in the minimum required work (service) must be motivated by the likelihood of causing harm to health or a threat to the lives of citizens. The minimum required work (services) cannot include work (services) that is not provided for in the relevant lists of the minimum required work (services).

(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated November 22, 2011 N 334-FZ)

(see text in the previous edition)

If an agreement is not reached, the minimum required work (services) is established by the executive authority of the constituent entity of the Russian Federation.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

The decision of this body, establishing the minimum required work (services), can be appealed by the parties to a collective labor dispute in court.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

If the minimum required work (services) is not provided, the strike may be suspended by a court decision until the workers and the workers’ representative body fulfill the relevant demands.

(as amended by Federal Law dated November 22, 2011 N 334-FZ)

(see text in the previous edition)

Article 413. Illegal strikes

In accordance with Article 55 of the Constitution of the Russian Federation, strikes are illegal and not allowed:

a) during periods of martial law or a state of emergency or special measures in accordance with the legislation on a state of emergency; in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations, organizations (branches, representative offices or other separate structural units) directly responsible for ensuring the country's defense, state security, emergency rescue, search and rescue, fire fighting, prevention or elimination of natural disasters and emergency situations; in law enforcement agencies; in organizations (branches, representative offices or other separate structural units) directly servicing particularly dangerous types of production or equipment, at ambulance and emergency medical care stations;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

b) in organizations (branches, representative offices or other separate structural units) directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, aviation, rail and water transport, communications, hospitals), if the strikes pose a threat to the defense of the country and the security of the state, life and health of people.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

The right to strike may be limited by federal law.

A strike is illegal if it was declared without taking into account the deadlines, procedures and requirements provided for by this Code.

(as amended by Federal Law dated November 22, 2011 N 334-FZ)

(see text in the previous edition)

The decision to declare a strike illegal is made by the supreme courts of the republics, regional, regional courts, courts of federal cities, courts of the autonomous region and autonomous districts at the request of the employer or prosecutor.

The court decision is brought to the attention of workers through the body leading the strike, which is obliged to immediately inform the strike participants about the court decision.

A court decision declaring a strike illegal, which has entered into legal force, is subject to immediate execution. Workers are obliged to stop the strike and begin work no later than the next day after delivering a copy of the said court decision to the body leading the strike.

If there is an immediate threat to the life and health of people, the court has the right to postpone a strike that has not started for up to 15 days, and suspend a strike that has started for the same period.

(as amended by Federal Law dated November 22, 2011 N 334-FZ)

(see text in the previous edition)

In cases of particular importance for ensuring the vital interests of the Russian Federation or its individual territories, the Government of the Russian Federation has the right to suspend a strike until the issue is resolved by the relevant court, but for no more than ten calendar days.

Part nine is no longer valid. — Federal Law of June 30, 2006 N 90-FZ.

(see text in the previous edition)

Article 414. Guarantees and legal status of workers in connection with a strike

Participation of an employee in a strike cannot be considered as a violation of labor discipline and grounds for termination of an employment contract, except in cases of failure to fulfill the obligation to stop the strike in accordance with part six of Article 413 of this Code.

It is prohibited to apply disciplinary measures to employees participating in a strike, except for the cases provided for in part six of Article 413 of this Code.

During the strike, the workers participating in it retain their place of work and position.

The employer has the right not to pay workers wages during their participation in the strike, with the exception of workers engaged in performing a mandatory minimum of work (services).

A collective agreement, agreement or agreements reached during the resolution of a collective labor dispute may provide for compensation payments to employees participating in a strike.

Employees who are not participating in the strike, but due to the strike were not able to perform their work and who have declared in writing about the start of downtime in connection with this, are paid for downtime through no fault of the employee in the manner and in the amounts provided for by this Code. The employer has the right to transfer these employees to another job in the manner prescribed by this Code.

A collective agreement, agreement or agreements reached during the resolution of a collective labor dispute may provide for a more preferential procedure for payments to employees not participating in a strike than that provided for by this Code.

Realization of the right

When organizing a protest event, you must adhere to the following order:

The decision to hold an event is made by a meeting of company employees. It is preceded by a corresponding initiative of a representative meeting of workers, which was engaged in resolving the conflict that arose. If the initiative to hold a strike was taken by a trade union, each meeting of workers approves the decision separately. There are requirements for the meeting: at least 2/3 of the total number of workers in the company must take part in it. The decision to hold the event in question is lawful if at least 50% of the employees present at the meeting vote for it. If it is not possible to hold it, the representative body of workers approves the decision based on the signatures of 50% or more of the workers in support of the protest event.
After 5 days of work of the representative meeting to resolve the conflict, it is allowed to declare a warning strike. Requirements for it: duration no more than an hour, notification of the event must be sent to the employer no less than 3 days before it takes place.
The employer must be notified of a major strike 10 days in advance. This requires written notice.
The employer must notify the Labor Conflict Resolution Service about the start of the event (this need is established by Article 410 of the Labor Code of the Russian Federation).

Only after completing all the steps under consideration can you proceed directly to the strike.

Procedure for announcing a temporary refusal to work

Based on Art. 410 of the Labor Code of the Russian Federation, a strike is not declared simultaneously, but in a whole procedure:

The representative body of workers authorized to resolve collective labor disputes convenes a meeting (conference) of employees and submits for consideration a proposal to hold a strike.
The responsibility to provide premises and provide for other needs of workers rests with the employer. The definition of the SKGD of the Supreme Court dated March 23, 2012 No. 33-G12-3 explains that from this norm it follows that the representative body does not have the right to make a decision to declare a strike, but is only authorized to propose to a meeting or conference of employees to consider this issue. There is only one exception: when it is impossible to convene a conference or meeting, the representative body approves its decision by collecting the signatures of more than half of the workers.
Before the discussion begins, the number of workers present must reach a quorum:
2/3 of the delegates at the conference.
At the same time, as indicated in the definition of the SKGD of the Armed Forces of the Russian Federation dated 04/09/2009 No. 59-G09-6, this means the general rather than phased presence of employees.
The issue raised is being discussed. The threshold for approval is the votes of half of the workers present. After this, the discussion of the decision to declare a strike is formalized according to the prescribed rules.
The employer is notified in writing of the upcoming refusal to work 5 working days before it begins. It is not required to provide the minutes of the employee meeting along with the notice (decision of the Leningrad Regional Court dated February 13, 2007 No. 3-41/2007).
The notice period is increased in a situation where a refusal is announced by a trade union. In this case, notification is sent 7 working days in advance.
INTERESTING! The ruling of the SKGD of the Supreme Court dated April 18, 2008 No. 45-G08-9 states that information about the start of the upcoming strike is provided to the organization, and specifically to its executive body. If the employees’ demands are submitted to the immediate supervisor, for example the director of a branch, he is obliged to transfer the received information to the management bodies of the legal entity.
The employer notifies the government agency responsible for resolving collective labor disputes about the upcoming strike.

Additional questions

Who's in charge

The strike is led by a representative body of employees. He can convene a meeting, receive from the employer the necessary information that affects the interests of the team, and attract specialists to prepare opinions on controversial issues.

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What is the reprimand procedure?

The representative body may receive the right to strike (the procedure for conducting it must be familiar to it), and this person also has the right to suspend the event.

If it is necessary to renew the strike, there is no need to re-litigate the dispute. It is enough to notify the employer and the relevant government agency about this three days in advance.

During the strike itself, both parties must continue to resolve the conflict situation through conciliation procedures.

What mistakes can be made

Workers of any enterprise do have the right to go on strike, but only taking into account numerous demands. Therefore, they have obligations, if violated, such a protest can easily be declared illegal.

This leads to negative consequences for the direct employees of the enterprise.

The most common mistakes made by company employees include:

written notice is not provided to the employer within the established time frame;
an event is held without prior holding a meeting and voting;
citizens refuse various conflict resolution methods offered by the employer;
the protest is carried out during the introduction of martial law in the country;
Due to the actions of citizens, harm is caused to the health or lives of other people, as well as property belonging to the company is damaged.

Due to the above-mentioned mistakes of citizens, the employer can file a claim in court. The judge usually takes the plaintiff’s side under such conditions, and therefore recognizes such a strike as illegal.

Therefore, citizens will not be able to achieve any better conditions for themselves. They will be forced to continue officially working for the company.

Warning strike

A warning strike is an action that is a demonstration by employees of an enterprise of their readiness to achieve established requirements at any cost. This type of strike may be called during conciliation processes. It can be used once during collective disputes. However, the duration of such a strike cannot be more than an hour.

The decision on a warning strike is made by a representative body of employees, which participates in the conciliation process. He leads the strike and must provide the necessary services.

How workers and employers fight over wage increases

A hunger strike is an extreme measure; it is not a legal way to resolve a conflict and is rather needed to attract attention, says Sergei Saurin, partner at the law firm MSS Legal.
According to him, employees more often resort to this form of defending their rights when the enterprise is bankrupt and it is clear that it will not be possible to collect wage arrears using legal methods. According to the National Medical Center “Labor Conflicts,” there were nine hunger strikes in 2022. A radical method of protest was chosen in May 2022 by the miners of the Darasun mine, who refused to go to the surface due to disagreement with the wage recalculation. They demanded a meeting with the governor and left the mine only after the governor Natalya Zhdanova went down to the strikers. Then it was decided to raise incentive payments. However, in 2022, miners went on hunger strike several times in order to achieve payment of arrears of wages, which exceeded 38 million rubles. The debt was repaid after the intervention of the authorities, and a criminal case was opened against the former manager of the mine.