Article 402 of the Labor Code of the Russian Federation. Consideration of a collective labor dispute by a conciliation commission (current version)

From this article you will learn:

• What are the causes of collective disputes?
• What is the procedure for resolving collective labor disputes?
• What are the stages of the conciliation procedure for resolving collective labor disputes?
• What is the procedure for negotiating when resolving collective disputes?
• Is it possible to resolve collective disputes through a strike?
• What is the procedure for executing decisions on collective disputes?
• How collective labor disputes are considered in court

Resolving collective disputes is a rather complex process. According to the legislation of the Russian Federation, a collective labor dispute is considered to be unresolved disagreements between workers and employers (or proxies of both parties). Most often, the cause of the conflict is a change in working conditions, in particular wages, as well as the signing, adjustments and implementation of collective agreements and agreements.

In addition, contradictions between management and employee representatives may arise in the process of agreeing on the organization’s labor regulations. This material will tell you about the numerous subtleties and options for the peaceful resolution of individual and collective labor disputes.

What may become the subject of collective disputes

The provisions of Article 398 of the Labor Code of the Russian Federation define a labor dispute as unresolved contradictions between workers and the management of the organization (or representatives of both parties), related to the establishment and adjustment of working conditions (including wages), conclusions, amendments and execution of collective agreements, as well as situations when management ignores the opinion of employee representatives during the adoption of company regulations. We are talking about collective agreements and socio-economic working conditions (changes in production standards, piece rates, wage levels, the introduction of wage systems, work schedules, labor protection, etc.).

The conflicting parties can be the employees of the enterprise (work collective) and the industry higher management. Insufficient funding for enterprises or organizations in a particular industry often becomes a cause of discrimination against employees (teachers, doctors, miners, etc.). Specialists who have their rights and legitimate interests infringed put forward demands, and if local governments are incompetent in resolving the dispute, the issue is delegated to the supreme leadership.

The demands of labor collectives that are not related to labor disputes (political, environmental, etc.) are considered separately.

You may also be interested in: Monitoring employee performance: types, methods, mistakes

General procedure for resolving collective labor disputes

The procedure for resolving collective disputes is determined by Chapter 61 of the Labor Code of the Russian Federation.

Time limits for resolving collective labor disputes:

The diagram clearly shows the procedure for resolving collective disputes:

Who can participate in the resolution of collective labor disputes:

• the head of the enterprise or his representatives appointed by a special order, power of attorney or legal act on a structural unit that complies with the legislation of the Russian Federation;
• workers and trade unions elected at the general meeting. Other representatives are allowed if the employees are not united in a single trade union, and also if the trade union organization includes less than half of the subordinates of a particular employer or it does not represent the interests of all employees.

If the conflict occurs at the level of senior management, its participants will be:

• trade unions, their territorial organization or associations authorized by the charter of these enterprises;
• associations of employers authorized by the charter of such a structure.

Resolution of a collective dispute occurs if the conflicting parties enter into an agreement between themselves that involves the restoration of the violated rights of the injured party.

If the employer (his representative) announces a complete or partial rejection of the demands put forward by subordinates (their representatives), this moment is officially considered the beginning of a collective labor dispute at the organization level. Also, the date for opening a labor dispute is set based on the fact of ignorance and lack of a written response from the management of the organization three working days after familiarization with the requirements.

At a level that goes beyond the boundaries of the enterprise, the moment of the beginning of a labor dispute is recognized as the day when a representative of employers or their associations in writing fully or partially rejects the demand of trade union organizations or their associations. A labor dispute is considered open if a decision regarding the claims made is not made within a month and the association of employers avoids answering.

If management does not provide a response within the prescribed period, or rejects the workers’ demands in full or in part, all participants can propose in writing to the opponent to form a conciliation commission and determine its quantitative and personal composition for each party.

You may also be interested in: How to establish crisis management in an enterprise

Order on the creation of a commission

The order to create a commission is drawn up by the employer on a special form or a regular A4 sheet

, in the absence of the previous one. It must indicate the reason that contributed to the dispute. This may be the employee’s initiative or a precisely stated reason for the controversial situation. When the document is ready, it is necessary to notify all employees of the enterprise. To do this, the required number of copies are created to be sent to each department structure, or the order is posted on a stand in the public part of the enterprise, where all workers have access.

Important

so that the employer accurately fulfills his obligations regarding the actions of the special commission. For example, employee representatives should not have their wages deducted for time spent at a meeting. When the order is signed by the head and general director of the company (if there is such a position), it is considered to have entered into legal force. The commission can be created once, to make a specific decision, or act permanently.

Negotiations as a way to resolve collective labor disputes

Resolution of collective disputes is possible through negotiations, which include several stages: preparation, negotiations themselves and subsequent summing up.

Each party defends its own interests - requests, needs, intentions and expectations that set the direction of the negotiations. Unlike interests, the position held by each party is a means to an end, not the end itself. In the process of dialogue, it is not enough to simply announce statements, complaints and ultimatums. The result of the negotiations must suit both parties to the labor dispute. Even partial satisfaction of requests is better than the absence of any compromise.

Collective bargaining can be carried out between the employer (group of enterprises) and the workers' organization (association of organizations). The most frequently discussed issues are related to:

• working conditions and daily workload;
• relationships between management and subordinates;
• relationship between the employer and the employee organization.

The main principles of collective bargaining for the purpose of resolving labor conflicts are:

1. constant adherence to the legislation of the Russian Federation;
2. equal distribution of rights and competencies between the parties;
3. equality of the parties;
4. interaction based on respect for the interests of the opposing party;
5. involvement and interest of participants in a collective dispute;
6. absence of pressure and coercion when accepting obligations to be fulfilled;
7. supervision of compliance with agreements;
8. serious responsibility for deviation from agreements.

Article 36 of the Labor Code of the Russian Federation reveals that each of the parties participating in collective bargaining has the right to independent active actions.

According to Article 29 of the Labor Code of the Russian Federation, employee representatives can be:

• trade unions and organizations equivalent to them;
• associations authorized by interregional and all-Russian trade union organizations;
• other representatives.

To conduct negotiations, resolve a dispute, formulate an agreement or make adjustments, the creation of a special commission is required. Its numerical and personal composition is determined by the trade union.

The tasks of the trade union include organizing and conducting negotiations, concluding agreements or making adjustments to them, and monitoring compliance with agreements. If workers are interested in participating in negotiations, they entrust the trade union organization with protecting their own interests in the existing collective dispute.

Subordinates who are not united in a trade union and who are involved in a labor conflict with management can independently choose a representative or other body that will take part in the negotiations (in accordance with Article 31 of the Labor Code of the Russian Federation). Election takes place by secret ballot. A similar procedure is provided if less than half of the enterprise’s employees belong to a trade union organization. The appointed body or representative has the right to carry out its term together with the trade union without restrictions or obstacles to work from the management of the enterprise.

Participants in collective bargaining can be both employees and their authorized representatives. The competencies and capabilities of the employer's representative are distributed taking into account the complexity and nature of the tasks being solved. For example, an association of employers is responsible for concluding agreements, making adjustments to agreements, resolving emerging disputes, problems of social and labor relations.

Representatives of enterprise management are required to attend collective negotiations organized for the purpose of concluding initial agreements or agreements and making adjustments to existing documentation.

The employer may act:

• enterprise management;
• IP;
• other authorized representatives.

According to Article 36 of the Labor Code of the Russian Federation, collective bargaining can be proposed by both parties to the dispute. Each party is obliged to formulate in advance clear claims and wishes that will be considered. Next, a notice of the opening of collective bargaining is drawn up, after which the discussions themselves begin.

The notice of negotiations must indicate the exact date, location and composition of the parties' representatives. From three to seven people are allowed on each side.

Negotiations must begin within seven days after representatives of the parties receive notification. The initiator receives a response containing a list of all participants, their competencies and responsibilities. As a rule, the next day after the initiator becomes familiar with the information, collective negotiations are held.

Representatives of employers who are paid by the management of the enterprise, political organizations or local governments are prohibited from speaking on behalf of employees, certifying or correcting any documentation on behalf of subordinates.

To conduct negotiations, a commission is created that includes the same number of participants on each side with equal rights.

The procedure for conducting collective bargaining can be divided into several stages:

Stage 1. The collective bargaining process is preceded by a period when the parties decide to hold it and notify the date of the meeting. The initiator can be both employees and employers or representatives of both parties. The decision is made at the relevant meeting. If the enterprise does not have an officially concluded collective agreement, a decision on the date of negotiations can be made at any time. If a collective agreement is officially concluded, negotiations are scheduled within three months before its end.

Stage 2. Next, you need to issue an order to form a commission to conduct negotiations. The process takes no more than seven business days after receiving notice of collective bargaining. The order must be accompanied by an approved decision of representatives of the workers' side. The documentation determines the regulations, the timing of the development of the collective agreement, as well as the members of the commission, which is formed on a voluntary basis.

The commission on the employee side includes representatives who have the right to develop a project and conclude a collective agreement. In their absence, workers can act independently. In such a situation, the agreement is concluded in the form of a single document that protects the interests of the company’s employees.

Stage 3. Discussion and development of a draft collective agreement takes place within the time frame stipulated in advance by the parties to the dispute. Disagreements that cannot be resolved through discussion are governed by the provisions of Article 38 of the Labor Code of the Russian Federation.

Stage 4. Negotiations for the purpose of developing a project end with a meeting of all employees and representatives of the enterprise management, approval and certification of the accepted documentation. The agreement is valid for one to three years after signing. Amendments and additions are provided for in the contract and are carried out by agreement of the parties.

Upon expiration of the contract, it is automatically extended until a new one is signed or adjustments are made to the existing document. The collective agreement is not considered terminated upon a change of management, reorganization of the enterprise (except for proposals put forward by the parties) and the end of the employment contract. The agreement is valid throughout the entire process of liquidation of the company.

Stage 5. Registration of the contract and its annexes, reflecting the main provisions of collective bargaining, with the Department of Labor is entrusted to the employer. The procedure is carried out within seven days after the conclusion of the agreement. Registration does not mean making a decision in favor of one of the parties. Registration of an agreement cannot be refused, even if errors are found in the text of the document.

Registration is a mandatory procedure and is aimed at giving the collective agreement the status of a legal document that protects the interests of employees. The Labor Department is obliged to identify all terms of the contract that may harm the position of workers (relative to the legislation of the Russian Federation, including the Labor Code of the Russian Federation). If conditions are discovered that worsen the position of subordinates, the Labor Department is obliged to inform representatives of both parties and the labor inspection authorities about this.

The minutes of collective bargaining are as follows:

The protocol must contain the main provisions and agreements of collective bargaining:

1. protocol number;
2. name and exact date of the meeting;
3. composition of the commission indicating the full names of the participants and their positions;
4. a list of issues discussed and the results of their resolution;
5. voting results on each of the issues considered;
6. final signatures of all participants.

You may also be interested in: How to establish crisis management in an enterprise

Making a decision

The decision is made by secret ballot - according to the principle of a simple majority of votes of the participants present (Article 388). The decision states:

• Name of the organization;
• Full names of present members and involved persons;
• essence of the decision;
• reasoned justification with references to standards;
• results of secret voting.

Signed and sealed copies of the decision are handed over to both parties to the proceedings. If the decision of the labor dispute commission is not implemented, the employee is issued a certificate. He has the right to apply with this document to the Federal Bailiff Service for forced execution of the decision (Article 389 of the Labor Code of the Russian Federation).

Strike as a way to resolve collective disputes

The legislation of the Russian Federation carefully elaborates the competencies and rights of bodies for resolving collective labor disputes. The Labor Code of the Russian Federation fully reflects the procedure for resolving contradictions between the parties immediately before the emergence of a labor dispute considered by the participants of the conciliation commission. This makes it possible to prevent a collective labor dispute.

Of course, the code does not call for workers to go on strike, but recognizes it as a method of resolving a dispute. The Labor Code of the Russian Federation reflects the procedure for declaring a strike, legal guarantees for participants and responsibility for the illegal organization of such an act of protest.

A strike means a period when employees of an enterprise partially or completely do not carry out their direct labor duties, seeking to resolve the existing conflict with the employer. Such an act is of an ultimatum nature in comparison with conciliation procedures. Stopping the labor process forces the employer to listen to subordinates whose rights are infringed. In fact, this is an extreme measure that employees take to defend their legitimate rights and interests.

In accordance with Article 398 of the Labor Code of the Russian Federation, only labor collectives whose demands cannot be satisfied peacefully have the right to participate in a strike.

Article 37 of the Constitution of the Russian Federation provides for a strike as an option to resolve the conflict between the employer and employees. At the same time, Article 55 of the Constitution and Article 413 of the Labor Code of the Russian Federation limit the right to strike.

Such actions are considered illegal:

• if a state of emergency or martial law is declared in the country;
• in organizations of the Armed Forces and ensuring the country's defense;
• in the structural divisions of the Ministry of Emergency Situations;
• in law enforcement agencies;
• in special and hazardous industries;
• at ambulance and emergency stations;
• in organizations that ensure the livelihoods of residents (energy supply, heating, heat supply, water supply, gas supply, aviation, rail and water transport, communications, hospitals), if the strike damages the safety, life, health of the population and the country as a whole.

A strike by workers is permissible if:

• it was preceded by conciliation procedures;
• the employer avoids participation in conciliation procedures;
• the employer ignores and does not comply with the agreements established during the labor dispute.

The employee takes voluntary participation in the strike. Persons who force participation in such an action or refusal from it bear liability, including criminal liability.

The management of the enterprise and its representatives do not have the right to organize a strike.

The decision to hold such a protest action is made at a general meeting of workers, representatives, trade unions or associations of trade union organizations. All listed bodies have the right to declare a strike if they include at least two-thirds of the total number of workers or trade union members.

To make a decision, at least half of those present at the meeting must vote for it. Part 4 of Article 410 of the Labor Code of the Russian Federation provides options if it is impossible to organize a meeting: a representative of employees has the right to make an appropriate decision, having previously collected the signatures of more than half of the team members. The meeting also elects the body that will lead the strike.

Within 10 days before the start of the action, the management of the enterprise must notify the Service, suppliers and consumers about the upcoming event and prepare conditions for maintaining the operability of production, machinery, equipment, etc.

During a strike, each party is obliged to make efforts to reach an agreement to resolve the collective dispute.

In organizations that ensure the livelihoods of the population (hospitals, electricity and gas supplies, etc.) during a protest, minimal assistance should be provided to residents. Within 5 days after the decision to hold a strike is made, the parties to a collective dispute, together with executive authorities and local governments, establish this minimum of services. If services are provided improperly during the designated period, the promotion may be considered illegal.

The result of the strike is the signing of an agreement between the parties. However, by decision of the Supreme Court of the republic, territory, regional court, courts of Moscow and St. Petersburg, autonomous region, autonomous district, it can be declared illegal. To do this, the employer or prosecutor submits an application to the judicial service, after which they notify the body leading the protest action. If the court has determined that a strike is illegal, its decision must be implemented immediately.

If the action was declared illegitimate, but employees continue it even after receiving a court decision to postpone or stop it, they will be subject to liability provided for by the Labor Code of the Russian Federation. For example, an employer can issue a warning, fine an employee, or even fire him, considering absence from work as absenteeism. Disciplinary sanctions may also be applied to the organizers of an illegal strike.

If workers participated in a protest against their own will, those who coerce them through violence or threats will face criminal penalties. According to the legislation of the Russian Federation, such actions are punishable by imprisonment for up to one year or correctional labor for up to two years.

The company retains the specialist’s job during the strike. Payment of wages is made at the discretion of the employer.

According to the Federal Law “On the Procedure for Resolving Collective Labor Disputes,” workers who are not involved in a strike, but because of it cannot perform their direct duties, must receive payment for downtime in the amount of at least two-thirds of their rate. Management may also offer subordinates who do not take part in the protest to temporarily carry out other work while maintaining their average earnings. In turn, the specialist must perform new functions in accordance with certain labor standards or tariff rates.

Deadlines for application and limitation, consideration

The statute of limitations is a certain period during which a citizen can go to court to restore or protect his rights. Yes, Art. 196 of the Civil Code of the Russian Federation, establishes a period of 3 years from the date of discovery of violations of rights. However, in the current labor legislation there is no concept of a claim period, but the definition of “time limit for filing a lawsuit” is used.

According to the Labor Code of the Russian Federation, for individual labor disputes the period for going to court is 3 months from the date of discovery of a violation of rights. There are exceptions:

• a month is given to apply for dismissal, the period is counted from the date of issue of the work book or a copy of the dismissal order;
• one year to resolve a dispute regarding withheld wages, settlement and other types of cash payments;
• year for conflicts related to damage caused to the enterprise by an employee, the deadlines are counted from the date of discovery of the damage.

Restoring deadlines for labor disputes is possible only on the basis of a court decision and only if they were missed for valid reasons.

The period for appealing a decision on a labor dispute is one month from the date of its adoption. It should be taken into account that the court prepares a decision within up to two weeks, and therefore there is a risk of not having time to file an appeal. To avoid this, it is recommended to declare your disagreement with the court decision immediately from the moment it is made, and send a written complaint upon receipt of the formalized court decision.

As for the timing of applying for protection regarding collective labor disputes, everything will depend on the method of resolving the conflict:

• the conciliation commission must consider the dispute within 5 days;
• the intermediary is given no more than seven days, and it may take no more than three days to attract him;
• labor arbitration will consider the dispute for no more than five days.

If a collective labor dispute is considered by the Federal Service for Labor and Employment, the period for consideration will not exceed one month.

Execution of decisions on collective labor disputes

Resolution of a collective dispute is possible at any stage of interaction between the parties. An agreement can be concluded based on the results of the work of the conciliation commission, after the involvement of a mediator, or upon the fact that the parties’ agreements have been fulfilled.

An agreement concluded in the process of resolving a conflict between an employer and employees is drawn up in writing and is binding on each party in accordance with Article 408 of the Labor Code of the Russian Federation. Both parties control the implementation of the agreement. If an employer or his representative evades fulfilling his own obligations, he will face an administrative fine in the amount of 20–40 minimum wages.

You may also be interested in: Bonuses for employees of the organization and its documentation

Is it possible to resolve collective labor disputes through court?

In most cases, courts accept a collective dispute for consideration if its resolution is impossible through the conciliation procedures provided in the Labor Code of the Russian Federation.

The thing is that Articles 352 and 401 of the Labor Code of the Russian Federation propose and oblige the parties to the conflict to use the main methods of protecting the interests and rights of workers, including filing a corresponding application with the court. In addition, the legislation of the Russian Federation does not prohibit going to court to resolve a collective labor dispute.

Jurisdiction and subordination of a collective labor dispute to a court of general jurisdiction is determined in Chapter 3 of the Civil Procedure Code of the Russian Federation.

According to paragraph 1 of part 1 of Article 22 of the Civil Procedure Code of the Russian Federation, courts of general jurisdiction participate in the consideration of claims where the parties are persons, organizations, state authorities and local governments. The cases concern the protection of violated or disputed rights, freedoms and legitimate interests in disputes arising from civil, family, labor, housing, land, environmental and other legal relations. In this case, it does not matter what kind of disputes they are - collective or individual.

In turn, the magistrate court considers cases arising from labor relations, with the exception of cases of reinstatement and cases of resolution of collective labor disputes. It turns out that magistrates cannot take part in resolving a collective dispute (clause 6, article 23 of the Civil Procedure Code of the Russian Federation).

Collective labor disputes are subject to the jurisdiction of district courts and are considered in them as in courts of first instance, in accordance with Article 24, with the exception of cases falling under Articles 23, 25, 26, 27 of the Civil Procedure Code of the Russian Federation.

Consequently, the Civil Procedure Code of the Russian Federation:

• does not limit the consideration of labor disputes, individual or collective (Article 22 of the Civil Procedure Code of the Russian Federation);
• clearly establishes the non-jurisdiction of a collective labor dispute to the magistrate court (Article 23 of the Civil Procedure Code of the Russian Federation);
• argues that district courts can consider a collective labor dispute. Other courts (military, supreme court of the republic, regional, regional court, federal city court, autonomous region court, autonomous district court and the Supreme Court of the Russian Federation) are not considered courts of first instance for resolving collective labor disputes (Article 24 of the Civil Procedure Code of the Russian Federation);
• allows consideration of a collective labor dispute in the manner of claim proceedings (clause 1, part 1, article 22 of the Civil Procedure Code of the Russian Federation).

Going to court to resolve a collective dispute is the exception rather than the rule. Based on the provisions of Article 132 of the Civil Procedure Code, together with the statement of claim it is necessary to provide:

1. copies of the claim in a multiple of the number of defendants and third parties;
2. confirmation of payment of state duty;
3. documents confirming the competence of the plaintiff’s representatives;
4. documents reflecting and confirming the circumstances in connection with which the plaintiff puts forward his claims;
5. if necessary, copies of documents reflecting and confirming the circumstances in connection with which the plaintiff puts forward his demands, in a number that is a multiple of the number of defendants and third parties;
6. the text of the normative legal act that will be challenged;
7. evidence of facts that the parties tried to resolve a collective dispute pre-trial, if this is provided for by the Federal Law “On the Resolution of Collective Labor Disputes”;
8. calculation of the amount of money collected or disputed, certified by the plaintiff or his representative;
9. copies of the calculation in a multiple of the number of defendants and third parties.

If the plaintiff violates the procedure for resolving a collective dispute provided for by law or an agreement between the parties, the court may refuse to consider the claim (according to paragraph 2 of Article 222 of the Civil Procedure Code of the Russian Federation). In this regard, the applicant must provide evidence of the facts that the parties tried to resolve the collective dispute in pre-trial proceedings, if this is provided for by the Federal Law “On the Resolution of Collective Labor Disputes”.

You may also be interested in: How to make your business successful and not become a “fireman” for your company

Advantages of resolving disputes in the CCC

Labor law regulates the area of ​​​​relationships between employers and subordinates, but the directives of the law are not always observed in fact.

Persons whose interests have been infringed have the right to defend their rights by all available means.

These include:

1. Attempts to independently negotiate with management.
2. Application to the labor dispute commission.
3. Filing a complaint with the State Labor Inspectorate.
4. Application to the prosecutor's office.
5. Filing a claim with the courts.

A significant part of conflict situations arises due to basic ignorance of legal norms.

When it is not possible to build a constructive dialogue with management, contacting the CTS is the best option.

Without taking the problem outside the walls of the organization, the parties will have the opportunity to resolve the conflict in a better way.

The main advantages of this method of pre-trial settlement of disputes include:

• free and accessible;
• objectivity of consideration based on the norms of current legislation;
• significant speed of consideration, decision-making and their subsequent execution;
• efficiency due to the mandatory execution of the verdicts of the CCC.

Despite the fact that the law does not provide for the mandatory creation of a CTS, managers of companies whose staff exceeds 15 people.

It is highly desirable to create a commission on a permanent basis.

The authority of management will be higher if employees know that the organization strictly adheres to labor legislation and any incident will be considered impartially by members of the CCC.

No financial costs

Going to court is fraught with significant financial expenses. Despite the fact that the employee is exempt from the obligation to pay state fees when considering claims in labor disputes.

But not all citizens have the necessary legal knowledge. To fully represent your own interests, you will have to spend money on a qualified specialist.

There are no costs associated with applying to the commission for the applicant. Any employee will be able to independently defend their own interests. Starting from the stage of appealing to the CCC, ending with the process of considering the dispute by members of the CCC.

Objective assessment of what happened

Any incident is considered solely from the point of view of legal norms, without bias or pressure.

Often, using this method, it is possible to resolve disputes without taking them outside the organization, which is convenient for all parties to the controversial issue.

The verdict of the CCC in legal force can be compared with a court decision.

If the verdict has not been appealed within the prescribed period, it is binding on the same basis as a court decision.

Speed ​​of review

Appeals to other authorities, including judicial authorities, may take a long time. Whereas the resolution of the situation in the CCC is carried out in a short time.

The law provides for certain periods within which the received application must be considered and the commission must make a decision.

In addition, it is much easier to provide evidence to the CCC than to other authorities.

After all, all the necessary documents, if necessary, must be provided by the head of the organization. Whereas the applicant will have to undertake the provision of evidence for other authorities.

Examples of resolving collective labor disputes

Example 1. One of the brightest and most memorable stories related to the resolution of collective disputes is the situation that happened with the Kuzbass miners. In the early nineties, miners were subjected to terrible and inhumane working conditions.

Of course, at first the situation developed according to the law. The workers filed a collective claim, but did not wait for a response from management and took more decisive action - they went on strike.

Even the participation of members of the Supreme Soviet of the USSR could not resolve the current situation. Ultimately, the strike was stopped, but not by reaching an agreement between management and miners, but by a change in the government regime in the country.

Example 2. Resolution of collective labor disputes occurs not only in favor of workers. For example, an enterprise in the Leningrad region managed to achieve recognition of the illegality of the strike. The deadline for providing notice to the employer about the planned protest action was exceeded. Taking into account Article 410 of the Labor Code of the Russian Federation, the court found the workers guilty.

If the labor collective is unable to present competent and clear demands, this will have a negative impact on the workers’ side in resolving a collective dispute. There are often cases when trade unions acted as defendants in cases of illegal stoppage of work, as they did not have sufficient competence and knowledge in such matters.