The Right to Strike in Post-Soviet Countries Reflections on the Impact of International Labour Law (original) (raw)
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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 analyzes 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 analyzed. 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.
The paper investigates the implementation of two new norms in post-Soviet labor law: the right to strike and the prohibition of discrimination. The paper consists of three parts: the first presents general reflections about Russian legal culture as it is the key to understanding the background of labor law developments; the second is dedicated to an analysis of the right to strike in Russia as a prerequisite of the right to collective bargaining and as an indicator of the efficiency of the social dialogue system; and the final section explores the implementation of the prohibition of discrimination in Russia.
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The paper investigates the implementation of two new norms in post-Soviet labor law: the right to strike and the prohibition of discrimination. The paper consists of three parts: the first presents general reflections about Russian legal culture as it is the key to understanding the background of labor law developments ; the second is dedicated to an analysis of the right to strike in Russia as a prerequisite of the right to collective bargaining and as an indicator of the efficiency of the social dialogue system; and the final section explores the implementation of the prohibition of discrimination in Russia.
About the History and Present of the Right to Strike in the Czech Republic
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The authors look into a current topichistory and present of the legal implementation of the right to strike in the Czech Republic. They introduce pieces of legislation that to some extent governed this right in the past and continue to govern it today. An important law, which established the right to strike during the Austrian-Hungarian period was the coalition act from 1870. This act was received in the Czechoslovak legal system by receiving standard No. 11/1918 Col. The article then chronologically introduces other pieces of legislation up until the present, when the fundamental document for the right to strike is the Charter of Fundamental Rights and Freedoms and the Act No. 2/1991 Col. on collective bargaining. However, a law governing strikes outside of collective bargaining is still missing. This should be fixed.
Strikes in Essential Services — the Russian Federation
Kutafin University Law Review, 2019
Historically, the right to strike in the essential services was extremely limited, with examples of state based repressive activity. Modern Russian society has a stronger societal-State consensus though this is under pressure from economic factors including reductions in living standards. Most expressions of dissatisfaction take place outside the legal framework. The current regulation of strikes is not balanced and this paper outlines the current situation within its historical context.
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List of Acronyms, organisations and key figures referred to in the thesis 2 Chronology of Significant Events 6 Map of the Russian Coalfields 9 65 2.9.2 Organisation and institutionalisation factors 68 2.9.3 Agitator theory 69 2.10 The main reasons for strikes 2.11 Strikes in Russian literature 2.12 The application of existing theories to Russian strikes 2.13 The special feature of Russian strikes at coal enterprises 80 2.14 Strikes as an object of case studies 85 The 1989 Miners' Strike in Kuzbass. 91 3.1 The Strike Movement and the Contradictions of Perestroika 95 3.2 The Strike in Mezhdurechensk 104 3.3 Who won the first round? 121 3.4 The Strike Spreads 130
Balkan Social Science Review, 2013
The right to strike is a universal democratic right of all employees, regardless of where they are employed: Real or public sector. Depending on the degree of realization of this right in a state, it is accordingly evaluated on the scale of democracy. Therefore, we can say that the right to strike is a fundamental measure of democratic values of a society. There is no real democracy without the right to strike. The right to strike is governed by international legal instruments (acts) of the UN, the ILO and the European Union. In the Republic of Macedonia the right to strike is regulated by the Labour Code and other more specific laws which implement the international standards relating to this right.
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Cet article examine la facon dont differents acteurs russes (salaries, avocats, syndicalistes, responsables RH, inspecteurs du travail, etc.) se saisissent du Code du travail, les representations de la Loi qui sont associees a leurs pratiques, les justifications donnees a ces pratiques.
In search of Central and Eastern European labour relations
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In societies that undergo total, fundamental changes, like Central and Eastern European countries, it is difficult to assess changes in one area of society. The variety and number of influencing factors is considerably larger than in cases of small changes or relative stability. An analysis of an area is well nigh possible, especially when the pace of the changes is considered as well. A solid analysis can be made when society has become more stable again. One does not, however, have to wait to describe changes, despite the fact that these will be outdated very soon. The importance of this is to see how societies develop and in which direction. Strictly speaking, by doing this a contribution to historiography is made. When considering the area of labour relations, one can say that in the Central and Eastern European countries the Soviet-model prevailed for decades. Put very shortly, in this model economic interests and the existence of employee and employer relations were denied or even forbidden. The state took the place of both actors and submitted the material production and material reproduction of society to her will ('Tatur 1992, 192). Although some countries tried to change this situation during the period of communist domination, the big change was ushered at the end of 1989 in all of Central and Eastern Europe. This also had its repercussion in the area of labour relations. It was clear that the Soviet-model would have to be abandoned because it would not fit the new democratic societies with market economies to be developed. What would labour relations then look like? First, a number of conditions should be fulfilled. The state should withdraw partially from economic life. The other two parties, employers and employees, should reconsider their role and (re}organize to represent and defend their respective interests. Beside this, a legal foundation should be developed for the labour relations. This foundation should contain rules