STRIKE, HOW IS IT DONE?
A strike is a temporary suspension of work of employees of one or several organizations or team of workers. Trade unions have the right to pass a decision about strikes (including warning one) and it is declared when the disputes within the team is not settled and the negotiations fail to take place or decision passed by the reconciliation commission is not executed. Declaration of the strike can take place if a decision regarding it was approved by two thirds of general votes of employees of the organization by a secret ballot, whereas when declaring a strike in separate subdivision of the organization, it is to be approved by two thirds of employees of the given subdivision. The trade union is obliged to inform an employer in writing about the expected strike at least eight days prior to its commencement. Warning strikes cannot last more than two hours and an employer ought to be informed thereof not later than three days earlier. In case of passing a decision about holding a strike in railway stations, municipal public transport, aviation, means of communication, health, food area, water supply, sewerage and waste removal organizations and organizations with uninterrupted production, an employer shall be obligated to be informed in writing at least fourteen days prior to its commencement. The Legislation prohibits to declare strikes in police stations, armed forces, defence services, urgent medical aid services, concentrated electricity, water and gas supply organizations. An employer is free to apply to the court so as to invalidate the strike. The court in its turn shall examine the claim and a respective verdict shall be passed within seven days after the acceptance of the claim. Participation in strikes is voluntary, whereas persons forcing an employee to take part in strikes or refuse to take part in strikes shall be held juridically liable. In the course of the strike workplaces of employees participating in the strike shall be maintained, but an employer has the right not to pay remuneration to employees participating in the strike. Also, he has the right to pay full or partial salary to strikers after obtaining consent about the termination of the strike as a result of negotiations. Those who do not take part in strikes, but are deprived of their working responsibilities on account of the strike shall receive salary for the wasted time occurred through no fault of theirs. It is prohibited to impose disciplinary liabilities on employees for the participation in the strike. It is also prohibited to employ new employees, except in a railway station, municipal public transport, civil aviation, means of communication, health, food production, water, sewerage and waster transportation organizations, as well as in organizations where the termination of work can result in serious or dangerous consequences for life and health of public or individuals.
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