The name of the organization:
Sverdlovsk Regional Social Organization «The Consultative Council of Regional Trade Unions»
Grant: 1045-1278
Reporting period: 1 January 2005 - 31 December 2005
In 2005 the project Sverdlovsk Regional Social Organization «The Consultative Council of Regional Trade Unions» continued to work at «Legal and social mechanisms which guarantee rights of employees hired under fixed labor contracts or on the basis of oral agreement».
The project is aimed at creation of additional guarantees for citizens hired under unconventional forms under fixed labor contracts or on the basis of oral agreement.
The specific objectives of the 2-year project:
1. Legal consultations, representation in courts and also at negotiations of employees and employers on condition of unconventional forms of hire.
2. Development and conduction of training courses for specialized groups of representatives from the Union of employees, regional Council of municipalities, Council of trade unions.
3. Preparation of quarterly bulletins devoted to the condition of labor market with unconventional forms of hire, consultations and review of legislation.
4. Initiating the organs of the local self-government to adopt typical labor contracts and typical agreements on regulation of labor questions at the territory of the municipalities.
5. Creation of social labor courts including representatives of the union of employers, trade union and municipality for legal and pretrial dissolution of labor disputes.
6. Regular placing information on the web-site of the Consultative Council.
7. Creation of “social labor exchange”
In January the Advisory Board was established. It consists of 2 deputies of the City Duma, 3 heads of the trade unions. The agreements were concluded with them.
For the reporting period the following seminars were conducted:
Seminar for trade union leaders on a theme «News in the legislation: normative enactments which regulate non-traditional forms of workers».
Seminar for representatives of the unions of employers, trade unions, municipalities on a theme "The conclusion of tripartite contracts: procedure and settlement of disagreements".
Seminar for participants of the project on a theme "Labour court: structure, the purposes and problems".
Seminar for representatives of the unions of employers, trade-union associations on a theme "The material responsibility of the parties of the labour contract".
Seminar for participants of the project on a theme "The duties of the employer in relation to the worker in sphere of providing social rights ".
2. Events
On 28 April 2005 the round table on a theme "Protection of the rights of hired workers and observance of the rights of businessmen are in interests of the state" has been held.
The Ombudsman in the Sverdlovsk oblast, deputy head of Labour arbitration court of Moscow, deputy head of the sector of social development of the Urals branch of the Russian Academy of sciences, the deputy of the City Duma of Zarechnyi, representatives of trade unions of Ekaterinburg, Sverdlovsk, Tyumen, Novosibirsk oblasts, administration of Berezovsky, Fund of development of business of Association of small business of Ekaterinburg participated in the round table.
The participants of the round table discussed the following questions:
1. Non-traditional forms of hiring - rescue of small business or deceit of the worker and the state for the sake of profit?
2. Interested in legalizations of labour attitudes and the counteracting parties.
3. "Labour court ", "Labour exchange", " Insurance fund " – non-traditional public structures for overcoming contradictions of interests between bodies of municipal authority, businessmen and workers.
4. Trade union as leading force in organization of joint actions with employers, municipality, economic institutions and workers.
In the end of a round table the participants made suggestions on necessity to undertake joint actions for legalization of labour attitudes, including through submitting official requests to authorities, search of the partners interested in the decision of problems of non –traditional forms of hiring.
On a round table were present mass media: a talk-radio "Studio-city", Agency of the social information, Urals Central TV.
On 29 September 2005 the session of labour court of the Sverdlovsk oblast "devoted to the sore problem of "grey" labour attitudes and salaries in an envelope took place in Beryozovsky. Representatives of business, science, state, and also lawyers of public organizations and trade unions have taken part in it.
In the end of each month the labour court of the Sverdlovsk oblast are held. Representatives of the union of employers, municipal authority of the Sverdlovsk oblast and the trade unions together discuss applications of workers for infringements by employers of their rights, in particular, non-payment of sick lists and holidays as the salary was paid " in an envelope ", illegal reduction and refusal in payment of the severance pay in connection with absence of the concluded labour contracts. Five applications have been considered.
5 applications have been considered and recommendations for employers are accepted. Only one recommendation has been taken into consideration by the employer. Under other applications in connection with refusal of employers voluntary to restore the rights, workers have applied to court. Lawyers of the Consultative Council of regional trade union have provided applicants with legal aid.
Sittings of the labour court dated 24 September 2005
Application of Dokunin (Suburban communal farm, Nizhny Tagil district, Sverdlovsk oblast)
Facts:
Dokunin is a working invalid. Within a year the employer transfers insurance payments to his personal account in the Pension fund of the Russian Federation out of time and not in full. Considering that the pension is appointed following their insurance sums actually transferred by the employer, the worker began to receive pension a little less than that on which he counted. Therefore monthly he incurred losses.
Present:
Dokunin, the representative of the employer, the participants of the project who has been trained. The court consisted of the representative of the municipality, the representative of the trade union, the representative of the legal service of the Consultative council of regional trade unions, the representative of the union of employers.
The parties have stated their positions on a question at issue. The representative of the employer has informed that the enterprise has creditor debts and that the arbitration court due to the claim of a pension fund has already collected missing sum, but because of absence of means on accounts repayment of debts is not carried out. Dokukin said that due to circumstances not dependant on him received pension monthly 323 roubles less than it is necessary under the law. Present have been acquainted with materials of business, and also asked the parties questions for more detailed understanding of the issue of the problem.
Members of court unanimously recommended the employer to transfer insurance payments to Dokunin's personal account in the Pension fund for last three years of his work.
The decision has been transferred to the worker and the representative of the employer next day.
In connection with non-execution of the decision of labour court within 10 days, Dokunin has submitted to the peace court where the agreement of lawsuit on the basis of the principles formulated by "Labour court" has been signed.
Application of Roschin (Fixed-route taxi, Ekaterinburg)
acts: Roshchin worked as the driver of a fixed-route taxi. It did not have a work-record card; the labour contract was not concluded with the employer. The salary was paid "in an envelope" under the discretion of the head. In connection with illness Roschin could not come to work within two weeks. At reception of the sick-list the employer has refused to pay it and has transferred Roschin the order on dismissal. Roschin has addressed to the employer with the application for payment of the sick-list, delivery of moneys for not used holiday, and also filling in notes in the work-record card. But the employer refused.
Present:
Roschin, the representative of the employer, the participants of the project who has been trained. The court consisted of the representative of the municipality, the representative of the trade union, the representative of the legal service of the Consultative council of regional trade unions, the representative of the union of employers.
The parties have stated their positions on a question at issue. The employer has presented the written application in which has specified that Roschin has not worked for the established term for reception of money for holidays, notes in a work-record card to the employees who have worked less of a target date, are not filled, on what Roschin was notified at hiring. Present have been acquainted with the given application and other materials of case.
Members of court unanimously recommended the employer to pay the sick-list, to give out money for not used holiday, and also to fill notes in a work-record card.
The decision has been transferred to the worker and the representative of the employer next day.
In connection with non-execution of the decision of labour court within 10 days, Roschin has submitted to court.
Sittings of the labour court dated 29 October 2005
Application of Goncharov (Restaurant, Serov, Sverdlovsk oblast)
Facts:
Goncharov L.P. works in one of restaurants of Serov. The employer never was interested in its work-record card, and, hence, no notes were filled in it, did not ask the pension or insurance certificate. The salary stands out through accounts department - official, and in an envelope - "grey". The restaurant was sold to another owner, the sum of the paid salary has been reduced to "official” that has significantly worsened the financial position of the applicant. The salary was not paid for last two months in connection with the heavy fines entered by a management. The applicant has addressed to the employer with the application for salary payment. Not having received the answer within three weeks, has addressed to labour court.
Present:
Goncharov, the representative of the employer, the participants of the project who has been trained. The court consisted of the representative of the municipality, the representative of the trade union, the representative of the legal service of the Consultative council of regional trade unions, the representative of the union of employers.
The parties have stated the positions on a question at issue. The parties have stated the positions on a question at issue. The representative of the employer gave reason for impossibility of payment of wages that he is extremely unpleased with quality of work of employees in his new restaurant and therefore he incurs losses. For stimulation of quality of service the system of encouragement for diligent employees has been entered. In connection with that on Goncharov has not deserved encouragements the sum of compensation it is equaled to the established minimum of wages. At finding-out of all circumstances it has appeared, that Goncharov and other employees have not been acquainted with changes in the system of salary. Present have been acquainted with materials of case.
Members of court unanimously recommended the employer to pay salary.
The decision has been transferred to the worker and the representative of the employer next day.
In connection with non-execution of the decision of labour court within 10 days, Roschin has submitted to court.
Sitting of the labour court dated 26 November 2005
Application of Alexeeva (Trading network «Kazanova», Ekaterinburg)
Facts:
Alexeeva works in the trading network "Kazanova" since 2000. As TN "Kazanova" is a trading name of the enterprise, she works joint stock company "Grotto" and joint stock company “ ? S& ? " (in combination). The actual ("black") wages in TN "Kazanova" are 50.000 Rs + the premium. The premium stood out depending on a gain of a turn of firm in relation to the previous period. Calculation was made as follows: 25.000Rs - the salary + the premium stood out through accounts department, 25.000Rs was given out by the general director. The "white" wages make: in "Grotto " – 3500Rs, in “ ? S& ? " – 4000Rs. At date of the reference in labour court the situation was following. 18.11.2005 the applicant has received the notice, that from 21.11.2005 she would be transferred on a post of the economist in connection with discrepancy of a post and lower wages up to 20.000Rs + the premium.
After disagreement on the given transference, having returned from holidays, the applicant was notified, that she would be transferred to the post of director on wholesales with what she also expressed the disagreement and that the post of director on development and projects in " ? S& ? " is reduced from 07.02.2006. Having promised to give out the remained wages, Alexeeva have been compelled to write the application for leaving at own will from " ? S& ? ". The application was written and noted by "back" date. The wages have been given out only partially, therefore the applicant has withdrawn the application, having sent the corresponding letter by mail the certified mail with the notice.
Present:
Alexeeva, 2 witnesses, the representative of the employer, the participants of the project who has been trained. The court consisted of the representative of the municipality, the representative of the trade union, the representative of the legal service of the Consultative council of regional trade unions, the representative of the union of employers.
The parties have stated the positions on a question at issue. The applicant and witnesses have been heard. Records with conversations of Alexeeva with the general director that in connection with its insubordination to orders of a management have been written down, she would receive official wages, have been presented. The representative of the employer could not give arguments. The applicant and witnesses have been asked questions for finding-out of all circumstances of case. Present have been acquainted with materials of case.
Members of court unanimously recommended the employer to pay salary.
The decision has been transferred to the worker and the representative of the employer next day.
The employer executed the recommendation of the court within 10 days and paid salary.
Sitting of the labour court dated 30 December 2005
Application of Koroljkova, Gayzatov, Istomin, Djyakov (Communal farm «Krasnoarmeysky», Nizhniserginsky district, Sverdlocsk oblast)
Facts:
In summer 2005 applicants grazed several hundreds cooperative cows on a pasture. The chairman promised young assistants the worthy salary - about four thousand roubles to everyone for four months of responsible and labour-consuming work. However chairman A.Lavrov has decided to save on children, having given out 3159 roubles on four children for the whole summer of work, and the fifth schoolboy at all was not been included in the list. So, Gaizatov has received 515 roubles instead of 4500 promised.
Present:
Applicants, their parents, the representative of the employer, the participants of the project who has been trained. The court consisted of the representative of the municipality, the representative of the trade union, the representative of the legal service of the Consultative council of regional trade unions, the representative of the union of employers.
The parties have stated the positions on a question at issue. The representative of chairman has declared, that the promised sums have been paid to children. At finding-out of all circumstances it has appeared, that at reception of incomplete wages, the accountant demanded children to write the application, that they had no claims. Present have been acquainted with materials of business.
Members of court unanimously recommended the employer to pay salary.
The decision has been transferred to the worker and the representative of the employer next day.
The employer did not execute the recommendation of the court within 10 days, the applicants submitted to court.
For the reporting period the participants of the project also worked at:
1. Consultations on legal issues and representation in national courts.
For 12 months there were provided more than 750 consultations: by phone – 360, writing consultations – 110, in consulting offices – 100, on Internet - 180.
The lawyers represented interests of citizens and organizations in courts of general jurisprudence of the Sverdlovsk (Ekaterinburg, Nizhny Tagil, Polevskoy, Beryozovsky, Revda, etc.), Tyumen , Chelyabinsk oblasts, in the Supreme Court of the Russian Federation , Arbitrazh courts of all levels, Charter Court of the Sverdlovsk oblast.
The legislation of the Sverdlovsk oblast and acts of the municipal institutions were analyzed and the normative acts regulating the procedures of unconventional hire of workers which contradict to the Russian Federation Constitution and international standards were found and challenged in courts.
The following cases can be considered as the most important ones:
Criminal case on charge of chairman of the farm "Krasnoarmeyskyi" Lavrov in a crime set by p. 1 art. 145.1 of the Criminal code of the Russian Federation (nonpayment of the salary). As a result chairman has been found guilty .
Application of the Sverdlovsk Regional Social Organization «The Consultative Council of Regional Trade Unions» on development of the statutory act adjusting questions of evidence of the size of the salary by a testimony.
Inquiry of Domrachev on conformity of item 11 of the Law of the Sverdlovsk oblast "On social support of veterans in the Sverdlovsk oblast" dated 25 November, 2004, subitem 9 of item 1, items 2, 3, 4 and 5 Decree on the certificate of the right of reception of social support according to Laws of the Sverdlovsk region “On social support of veterans in the Sverdlovsk oblast", "On social support of the rehabilitated persons and persons suffered from repressions in the Sverdlovsk oblast too articles 2, 6 þ.1, 7,16, 120, item "c" 124 of the Charter of the Sverdlovsk oblast. As a result the Ustavny Court of the Sverdlovsk oblast found the challenged norms illegal.
Application of Fisher on recognition of subitem “b” of item 69 of the Regulations on the order of providing benefits of the state social insurance". inappropriate to p. 2 of Article 287 of the Russian Federation Labour Code.
Claim of Novozhilova to Chief Department of the pension fund of the Russian Federation on the territory of Severouralsk on recognition of decisions on refusal in charge of the prescheduled labour old-age pension illegal.
Complaint of Domrachev on recognition item 11 of the Law of the Sverdlovsk oblast "On social support of veterans in the Sverdlovsk oblast" dated 25 November, 2004 inappropriate to the federal legislation.
Claim of Roshchin to Buses' Establishment on recognition of refusal in salary payment in a place of performance of labour duties illegal.
Claim of Shirokih to joint-stock company "Sevuralboksitruda" on recovery of benefits and redress of non-pecuniary harm in connection with a professional disease.
Claim of Dokukin "Suburban communal farm" on compelling to make payment to a pension fund.
3. Publications
Articles :
- Legalization of labour relations in the Russian Federation : modern problems
- Future of trade union movement in Russia : inequality, bankruptcy, centralization http://ikd.ru/Campaign/labour/Article.2005-12-21.0637
For the reporting period three editions of bulletins “The right to protection” were published.
The first edition of the bulletin "The Right to protection" has been devoted to an illustration of a problem through interview with representatives of authority (Solovjova, Minister of trade, catering and household services of the Sverdlovsk oblast), trade unions (Vetluzhskiy, the deputy head of the Sverdlovsk federation of trade unions) and businessmen (Lobok, the president of Association of small business of Ekaterinburg, the co-chairman of Council on development of business).
The statutory act which is called to adjust in Sverdlovsk area the relations developing in the field of non –conventional forms of hiring is published in the edition, a number of legal advice is given. The bulletin included interview with the Ombudsman of the Sverdlovsk oblast, Merzljakova that testifies to presence of problems with observance of the social and economic rights and emphasizing the importance and timeliness of the project for the Urals region.
The second edition of the bulletin contains the chronicle of events of the project, the information on the order of registration of labour contracts in a Ekaterinburg, Sverdlovsk oblast, Urals federal district; interview with the chairman of the Sverdlovsk territorial organization of trade union of workers of trade, public catering, consumers' cooperative society and business of the Russian Federation. The judge of the Supreme Court has told about difficulties with which the Supreme Court of the Russian Federation collides by consideration of labour disputes. There is information on the order of considering cases in the labour arbitrazh, normative acts regulating the activity of the arbitrazh.
In the third edition of the bulletin there is the chronicle of events of the project, the information on the order of registration of labour contracts in a Ekaterinburg, Sverdlovsk oblast, Urals federal district; interview with the president of Association of civil territorial self-management of the Sverdlovsk oblast. The edition contains materials on experience of specialized labour courts and also on places where it is possible to direct the information about the salary “in an envelope", what a virtual labour exchange is. The materials of a round table "Protection of the rights of hired workers and observance of the rights of businessmen are in interests of the state" are also included.
The fourth edition devoted to a problem of payment of salaries "in an envelope" is prepared. It includes materials of joint session of "labour court" of trade unions, representatives of the unions of businessmen, employees of administration of the Sverdlovsk oblast and municipality of Berezovsky .
The editions of bulletins are put on the web-site http://www.uraltradeunion.ru/sborniki/bulleten/index.html and are disseminated. We attached a questionnaire to receive feedback and ask readers to reply questions on contents and form of the bulletin what allows us to take into account positive and negative reprimands of readers.
The handbook "Illegal labour relations: reasons, consequences and mechanisms of counteraction" is published. The reasons of illegal labour reasons, their kinds, illegal labour migration, forced labour are considered. The analysis of social and legal consequences of existence of illegal labour relations and the mechanism of legal counteraction to illegal labour relations is conducted.
The instruction for the worker "What to do if an employer pays the salary in an envelope" with recommendations of the lawyer for possible variants of the decision of a problem is prepared.
4. Web-site ( www.uraltradeunion.ru )
The information is renewed every day: events of the organization and in other trade unions, new normative acts with comments of specialists, answers to citizens' consultations on labor and social questions.
There is a special section for the project on the web-site where one can find all the publications of the staff of the project and also articles which were published by the officials in connection with our initiative http://www.uraltradeunion.ru/proekt/ .
The database “The Social Labor Exchange” was created at the web-site of the Consultative Council ( www.uraltradeunion.ru ) and was geared to solve several tasks:
- to provide the possibility to put the information and find the information on vacancies and needs of workers looking for job;
- to provide access to specially selected normative acts which regulate questions of employment and pensions, judicial practice in these questions;
- to get acquainted with work of municipal services in regulation of labor disputes.
Pager
For collection of anonymous information on violations of workers' rights, on organizations at which the staff receive salary “in an envelope” the pager was connected.
Partnership
As a result of negotiations the agreement with Labour Arbitrazhny court for collective disputes ( Moscow ) on partnership training of specialists in Sverdlovsk oblast.
The negotiations with deputy head of the Administration of Beryozovsky Pistzov on partnership realization of the project were conducted at the territory of the municipality. As a result the labour court was held in Beryozovsky in September of 2005.
We consider that the project is realized successfully. We are sure that the events, which were conducted for a reporting period, will contribute to achievement of the general goal and solution of the objectives.
30 January 2006
Belyaev S.I.
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