2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Sometimes there are situations in enterprises when for some reason the dissatisfaction of employees increases. In the civilized world, such situations are resolved not through aggression, but through strikes. This way of solving problems is peaceful, organized and as efficient as possible.
The essence of the concept of "strike"
At different times in factories, construction sites, workshops or in the field, the rights of workers could be violated, worsening their living conditions. Naturally, this led to dissatisfaction on the part of the working population and eventually resulted in strikes.
So what is a strike? This is a voluntary refusal to work for any period by a part of the labor collective, a separate workshop or employees of the entire organization in order to meet certain requirements.
If the state or the employer violates the rights, terms of the employment contract of workers, then they have the right to stop their activities and put forward demands. The strike ends as soon as the demands of the workers are satisfied or the partiesfind a compromise.
History of strikes
The first strike of workers, according to historical data, took place in ancient Egypt. The fact is that during the construction of the tomb of the pharaoh ruling at that time, very difficult working conditions were created. The workers (and there were more than 50 of them) were separated from their families for the duration of the work. In addition, they were not satisfied with the length of the working day and other conditions.
The way out of this embarrassing situation was found by all representatives of an honorable profession at that time in refusing to work until the ruler takes appropriate measures. Since the pharaoh had no choice, he had to give the order to correct all the shortcomings and move the families of the workers to the settlement. This is how the first recorded labor strike took place.
Modern strikes
Of course, over time, the forms, types and methods of carrying out such actions have changed. They became more peaceful and organized.
In Russia, the word "strike" was used to refer to this phenomenon, but later the "strike" of Spanish origin was finally settled. However, this does not change the essence of the phenomenon. What are strikes and strikes in the modern world?
First of all, refusing to work today is a way to resolve the conflict that has arisen based on work activity. Whether or not to take part in a strike is a personal matter for each individual worker. No one has the right to force participation or inaction. It is against the law for an employee to be pressured.
In addition, the strike itself must take place with the permission of the government. And the employer must be warned in advance.
Procedure for conducting a strike under Russian law
What is a strike? The definition, rules and procedure for its implementation are regulated by law. This is quite appropriate so that a peaceful action does not turn into anarchy and aggression. According to Russian law, any employee of the enterprise has the right to strike.
In order for the strike to take place and not be declared illegal, workers must choose a representative, state their demands in writing and notify management 10 days before the scheduled date of the protest.
Most often, the conflict is exhausted before the start of the strike, even at the stage of notifying the leadership. This happens at a meeting of the conciliation commission, where a compromise is made and the dispute is resolved on the spot without stopping production.
In addition, workers are required to establish a minimum of work that they will perform without fail. During the strike, the parties must negotiate through negotiations to meet the conditions and demands put forward by the workers, or by finding a compromise.
The results of the reconciliation or termination of the strike must berecorded in the minutes.
Illegal strikes
In some cases, the strike may be declared illegal and then criminal proceedings will be initiated against the workers taking part in it.
Firstly, there is a list of industries and positions that are required to perform a certain minimum of work even during a strike. If this condition is not met, then the strike is considered illegal.
Secondly, be sure to notify the employer. He also notifies local authorities of the upcoming action. If this does not happen, then the suspension of work is also considered illegal.
In addition, there is a list of areas in which strikes are prohibited at all. For example, workers serving military or strategic facilities, personnel on whom the life and safety of people depend, do not have the right to strike.
Another situation in which a strike cannot be legally carried out - the number of employees involved in the protest is in the minority.
Strike Forms
Two main forms can be distinguished: economic and political.
In the first case, the requirements of workers relate exclusively to the labor process. These may be demands for a change in schedule, working conditions, wage increases, and so on.
All issues that will be discussed during this labor conflict relate only to duties, production, workplace, labor relations at a particular enterprise.
The aim of the political strike isintroduction of changes at the legislative level across the region, industry or country. In this case, the state may become a participant in the conflict.
You can also divide strikes by scale. In this case, they can go on strike:
- divisions within the enterprise;
- whole organization;
- organizations of the same industry locally or nationally;
- trade unionised.
Other species
Another form of strike, which I highlight less often, can be considered a protest from solidarity. It occurs when employees of one enterprise or industry consider unfair the treatment, government decision or working conditions that exist or have appeared in another area. For example, employees of a dairy plant have suspended work due to the introduction of additional taxes in the field of vegetable growing.
What is a strike in this case? This is an action of support and an attempt to draw the attention of the government to the problem massively and by common efforts.
And if the strike is peaceful and in accordance with all the rules, it is called "Italian". After all, it is this country that is considered the progenitor of this type of expression of its disagreement.
But there is also an unsanctioned strike. This type is illegal and punishable. Such a strike is recognized if its organization and holding are contrary to existing legislation.
Reasons
There can be many reasons for such protests. Often this is dissatisfaction with working conditions. Industri althe process can be worsened by equipment malfunction, insufficient number or quality of tools, very low or high room temperatures, safety violations, and so on. If all such shortcomings were reported to the administration of the enterprise, but no measures were taken, then sooner or later this will develop into mass discontent.
Also, the reason for the strike may be low wages, lack of bonuses, vacations, other violations of the employment contract or the law.
At the state level, workers may not agree with the adoption of any bill or government decision. For example:
- introduction of truck fares;
- launch of toll tracks;
- introduction of new tax levies.
Any restrictions or discrimination can also serve as an impetus for the suspension of work in certain enterprises or in the entire field.
Conclusion
So what is a strike? It can be unequivocally answered that this is a protest through the suspension of labor activity. In each individual country, this issue is regulated by law.
During the strike, each party to the conflict must adhere to certain rules and be held accountable for their actions. Thus, workers do not have the right to damage the property of the company, to force anyone to participate in strikes.
And the employer cannot fire or impose pen alties on protesters. He also has no right to force employees not to go on strike.
In order to avoid such protests, it is necessary to strictly observe the Labor Code of the Russian Federation and all clauses of the employment contract. In any case, even if the administration of the enterprise did not keep track of the growing dissatisfaction of subordinates, according to the rules, a warning letter about the impending strike will be sent to the management. Therefore, conciliation procedures can be carried out even before the suspension of work.
Modern strikes are peaceful and organized events, but despite this, the very fact of a conflict situation already threatens with serious problems for production. That is why the strike is, although an extreme measure, but very effective.
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