The right to strike in post-soviet countries: reflections on the impact of international labour law
DOI:
https://doi.org/10.14665/1614-4007-27-2-003Keywords:
the strike, right to strike, strike procedure, unlawful strike, international standardsAbstract
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.Downloads
References
Baranashnik AV, Volk EA, Lipen LI et al (2014) Comment to the Labour Code of the Republic of Belarus. Lipen LI (ed). Volume 2. Amalfea, Minsk.
Bizyukov P., Analytical report on the results of monitoring of labour protests of the Center for social and labour rights, http://trudprava.ru/expert/analytics/protestanalyt/2015 (accessed 20.04.2019).
Caraway TL (2012) Pathways Of Dominance And Displacement: The Varying Fates of Legacy Unions in New Democracies. World Politics. 2012. Vol. 64. No. 2.
Clarke S, Pringle T (2007) Labour activism and the reform of trade unions in Russia, China and Vietnam. NGPA Labour Workshop. 2007. Vol. 10.
Gerasimova E (2016) Collective labour disputes, strikes and protests in Russia: the impact of legislation and law enforcement practice on their prevalence and application. Journal of Russian Law 2016. No. 9.
Gerasimova E (2014) The resolution of collective labour disputes and the realization of the right to strike in Russia. In: Lebedev V, Radevich E (ed). Labour Law in Russia: Recent Developments and New Challenges, Issue 6. Newcastle upon Tyne: Cambridge Scholars Publishing, pp 259-288.
Kozina I (2009) The labour movement in Russia: the anatomy of strikes). Journal of Social Policy Studies. No. 7/4.
Kramnik AN (2006) Disorderly conduct as an administrative offense. Justice of Belarus. No. 10.
Lyutov N. (2013) The effectiveness of international labour law. Prospect, Moscow.
Lyutov N. (2012), Russian labour legislation and international labour standards: compliance and prospects for improvement). Moscow.
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