The right to strike in post-soviet countries: reflections on the impact of international labour law

Authors

  • Elena Sychenko Saint Petersburg State University
  • Elena Volk Higher Educational Establishment of the Federation of Trade Unions of Belarus "International University "MITSO"

DOI:

https://doi.org/10.14665/1614-4007-27-2-003

Keywords:

the strike, right to strike, strike procedure, unlawful strike, international standards

Abstract

The article is devoted to the problems of realization of the right to strike in Belarus and Russia. The article considers the conception of strike in Russia and Belarus. The strike procedure is analyzed in detail. The authors have revealed a number of problems in the organization of the strike: in holding the strike in a structural division of the organization, in making a decision on holding the strike, in notifying the employer of the planned strike, in suspending the strike, etc.

It is rather difficult for employees to exercise the right to strike and after the collapse of the USSR, there has been no legitimate strikes in the independent Republic of Belarus.

The article provides statistical data. The article analyses the compliance of the national legislation of Belarus and Russia with international standards. The authors estimate the influence of international organizations on the change of labour legislation in Russia and Belarus. The judicial practice on cases of recognition of strikes as illegal is considered.  The practice of the European Court of Human Rights is analysed.

The authors consider if the right to strike can indeed be protected in Russia and Belarus through bringing claims to international human rights bodies and through the help of ILO.

Author Biographies

Elena Sychenko, Saint Petersburg State University

associate professor of Labour and Social Law Department, PhD

Elena Volk, Higher Educational Establishment of the Federation of Trade Unions of Belarus "International University "MITSO"

Professor of Civil Law Department, PhD

References

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Published

2020-05-22

Issue

Section

Papers