Self-defense of labor rights by employees and its relevance in practice

Characteristic

Self-defense of labor rights by employees as an institution of labor law is characterized by specific features. First of all, it is a non-jurisdictional method. In other words, employees do not involve authorized government bodies or officials to defend their interests. Self-defense of labor rights by employees is mainly a response to the unlawful behavior of the employer. It can, in turn, manifest itself in the form of actions or inactions.

The latter, for example, include failure to provide adequate conditions for production activities. Actions may take the form of transferring an employee to another position without his consent. Self-defense of labor rights by an employee presupposes his initiative. The employee's behavior is directed against the will of the employer. In other words, a conflict situation arises, which probably has not yet become a labor dispute (if the employee has not contacted the relevant authority). It should be noted that an employee can use several methods to restore his interests. Thus, self-defense of labor rights by employees can be combined with an appeal to the court or to the authorized Inspectorate.

Independent protection of labor rights

Self-defense of labor rights is the active actions of workers aimed at protecting their lives, health and labor rights, with or without contacting government control (supervision) bodies for compliance with labor legislation.

In fact, the Labor Code defines only one method of self-defense - refusal to perform work. However, this method of protection should not be confused with a strike, since it is carried out with the aim of protecting individual labor rights.

The main methods of self-protection are identified:

refusal to perform work not provided for in the employment contract;
refusal to perform dangerous work;
other cases of refusal provided for by the labor legislation of the Russian Federation (refusal of a business trip, transfer of annual leave, etc.);
suspension of work for late payment of wages.

Self-defense of rights does not require official registration and the involvement of state supervisory authorities. In addition, it is allowed to use self-defense with another method of protecting rights at the same time.

Using the right to self-defense, an employee cannot be brought to administrative or disciplinary liability.

Legal aspect

The concept of self-defense is not clearly defined in labor law. The first attempts to designate the ability of employees to defend their interests without contacting authorized bodies were made in 1995. On July 18, the Fundamentals of Labor Protection were adopted. Part 5 contained a provision that if an employee refuses to perform his official duties in the event of a threat to his health, life, or increased workload not provided for in the contract, he will not suffer any unreasonable consequences.

Required documents

Only in the event of an attempt to self-defend his violated labor rights, an employee can only make do with a handwritten statement or a letter of claim addressed to the manager, in which he will provide his reasoned position with evidence of the identified violation.

An example of a letter of complaint addressed to a manager.

In other cases, it is necessary to talk about a whole series of documents that must be submitted to the appropriate body that protects the violated interests.

This package of documents will include:

a statement with a request to consider the relevant complaint (in the case of judicial review, this is a statement of claim with a detailed description of the circumstances that have arisen);
a certified copy of the work record book or employment contract confirming the fact of employment by the relevant employer;
a certified copy of the job description , which clearly states the labor rights and responsibilities of the employee for a specific position;
a certified copy of the order of appointment to a specific position with the assignment of relevant responsibilities to the employee.

An example of an application to the prosecutor's office about a violation of an employee's rights (non-payment of wages).

A variant of an application to the State Labor Inspectorate about violation of workers' rights.

The labor inspectorate, as well as the court, will request the remaining necessary documents on their own if necessary .

Such documents may include orders for rewards , disciplinary sanctions against the employee, characteristics of the employee who applied from previous places of work.

All this is aimed at forming a holistic picture of the applicant’s personality in order to identify possible hidden motives for the employee’s dishonest behavior.

The main document on the basis of which an employee’s complaint about violations of his labor interests is considered is an application .

There are certain requirements for its preparation that must be taken into account in order to fully and competently consider the case on its merits. Such requirements should be noted:

full passport data of the applicant himself, which will include both the last name, first name and patronymic, as well as the date of birth and registration address (the date of birth is necessary in order to establish the age of the employee at which he began to perform his work duties and determine the right to engage in these duties) ;
information about at what time and under what conditions the applicant entered work (or service) in a specific organization, as well as information about how much work experience he already had at that time;
a detailed description of the circumstances (with links to the attached documents) in which, in the opinion of the applicant himself, a violation of his labor rights and interests occurred (assignment of duties that do not correspond to qualifications, followed by a disciplinary sanction, violation of the law on the protection of personal data, etc. );
information about how his labor interests and labor rights were violated (for example, when a pharmaceutical production foreman, whose job responsibilities do not include such cleaning, was dismissed for refusing to perform cleaning duties).

If we are talking about a statement of claim, then it will also be necessary to indicate here what demands the applicant puts forward in relation to his employer (reinstatement at work in the same position and on the same basis on which he worked before dismissal, if he was fired; payment of moral and material compensation, etc.).

The fact that, as a general rule, a statement of claim should contain is stated in Article 125 of the Arbitration Procedural Code of the Russian Federation.

An example of a statement of claim to court for illegal dismissal.

In the statement of claim, in case of going to court, the claim part itself is mandatory (that is, if the employee decided to go to court with the aim of “scaring his employer” and will not demand anything from him, then the court will reject such a statement without consideration).

Speaking about filing a statement of claim, it is necessary to remember that it will need to be correctly sent to the appropriate judicial authority in order to avoid its “circulation” through various departments.

As a general rule, cases of infringement of labor rights are considered by courts of general jurisdiction in civil proceedings, and an application is filed at the location of the defendant , that is, directly the employer (except for cases where the enterprise or organization has a number of branches , and the infringement of rights occurred in the branch - in In this case, the claim will be filed at the legal address of the branch itself).

To which specific judicial body in the region it will be necessary to submit an application, you can find out on the websites of the courts in the region or territory, where there is a list of all the addresses with which a particular territorial body works.

When filing a statement of claim, it will be necessary to clarify information about payment of the state fee (since in some cases it will have to be paid by the applicant himself , that is, the plaintiff, and in others, such an obligation will be assigned to the defendant , that is, the employer).

The receipt must be attached directly to the application itself.

Based on all the information listed, the body in which the complaint will be considered, relying not only on the information provided in the application, but also on the attached documents , will make its decision.

Difficult situations often arise in the relationship between employee and employer. Some publications by our experts on the rights and obligations of the parties to labor relations and how they are regulated by the Labor Code of the Russian Federation can help you understand them. Also on the site we tell:

Can they be fined at work and sent on leave without consent?
How do the rights and obligations of the parties appear in an employment contract?
When can you take your first vacation?
In what cases can you terminate an employment contract and leave without working?
What are the rights of an employee upon dismissal in various situations?

Current legislature

Federal Law No. 181 of July 17, 1999 contains a clearer wording: an employee has the right to refuse to perform professional activities if there is a danger to his health and life, as well as due to violations of labor protection requirements. The implementation of this opportunity is absolutely rightly associated with the illegal behavior of the employer.

Self-defense of labor rights by employees acts as a response measure to prevent negative consequences that may occur due to abuse by the management of the enterprise. The admissibility of using this possibility in cases provided for by law is defined in Article 8 of the said Federal Law. The introduction of this relatively new element into legislation should be considered in the general vein of democratizing industrial relations, equalizing the interests of both sides, and providing employees with greater opportunities to interact with management.

What should a person do if an employer violates his rights?

If an employee believes that his rights have been violated, then he needs to understand whether the manager’s actions are illegal. Next, you need to decide how to restore justice. First, you should talk to your superiors about the infringement of personal rights and freedoms.
It is important to refer to the provisions of labor legislation. If this does not lead to anything, then you need to contact the government agency that protects the interests of workers. It is not recommended to use self-defense methods, especially if there is no successful practice of such actions.

To understand where to file a complaint, it is necessary to analyze the nature of the violation. It is important to collect a good evidence base. The success of the business depends on this. Therefore, it is important for employees to know their rights and responsibilities as an employer.

If the head of a company commits actions that do not fall within the framework of labor legislation, then he can be held accountable. To do this, you need to choose the optimal method and form of protecting personal rights, and the organization to which to draw up and submit a complaint. The success of resolving a conflict largely depends on the employee’s activity, his desire to defend his interests, as well as the availability of a good evidence base.

Self-defense of labor rights by workers (briefly)

It should be said that the legislation does not establish general standards for the implementation of this opportunity. However, using general theoretical concepts of self-defense, it is quite possible to determine that this measure in the field of industrial relations is permitted and applied in the presence of unlawful actions aimed at the freedoms and interests of the team, and the need to suppress them. Gross violations that serve as the basis for the implementation of this opportunity are established by law.

Self-defense of labor rights by employees is exercised freely. Neither the head of the enterprise nor his representatives can create obstacles for employees to realize this opportunity. It is not allowed to force an employee to perform certain duties against his will, or to use threats and psychological pressure. It is prohibited to bring to disciplinary liability workers who exercise their right to self-defense. Retaliation against employees for their use of legally permitted opportunities is prohibited. The actions of persons who represent the interests of the employer can be appealed to the Inspectorate or in court.

The concept of self-defense in labor law. Methods of self-defense

The Labor Code of the Russian Federation (Article 352) contains a list of the main ways to protect rights and freedoms. These include:

self-defense of labor rights by employees;
protection of labor rights and legitimate interests of workers by trade unions;
state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms;
judicial protection.

The legislator places self-defense of labor rights and freedoms by workers in the first place, but the majority of workers in Russia believe that in our country, with its firmly rooted traditions of public administration, the most reliable protection should be provided by the state through its bodies (Federal Labor Inspectorate; bodies supervising compliance with working conditions and safety in a number of industries; federal supervisory bodies of Russia).

The self-defense mechanism is still poorly developed and has not taken root in the minds of workers, but the method of judicial protection is increasingly being used by citizens.

Self-defense of labor rights can be carried out in various ways, which include actions (inaction) that a party to an employment contract uses to restore the violated right.

Self-defense of labor rights by the employer

As already noted, authorized representatives of the employer can only use the methods (forms) of self-defense of labor rights specified in federal law. The use of other methods (forms) of self-defense by representatives of the employer leads to the derogation of the rights of employees guaranteed by law, which contradicts the principles of legal regulation of labor, which do not allow employers to make decisions about the worsening of the situation of employees in comparison with the law.

Methods (forms) of self-defense of an employer’s labor rights include:

removal of an employee from work on the basis of Art. 76 Labor Code of the Russian Federation;
deprivation of an employee's bonus on the grounds provided for in local regulatory legal acts;
disciplinary measures (reprimand, reprimand)

Read more
One of the ways (forms) for an employer to protect his rights is to remove an employee from work on the basis of Art. 76 Labor Code of the Russian Federation. This form can be used in the cases provided for in this article. When the employer uses this method of self-defense, the employee suspended from work becomes obligated to eliminate the reason used by the employer for self-defense. The employee has the right to appeal the employer’s removal actions to the state labor inspectorate and (or) court. However, the basis for termination of an employer’s actions to self-protect labor rights can only be a decision of the specified bodies that has entered into legal force. Consequently, the employee has a choice between fulfilling the obligation to eliminate the reason that served as the reason for removal from work, and using other methods of protection in order to recognize the employer’s actions in self-defense of labor rights as illegal and (or) unfounded. As a method (form) of self-defense of labor rights, an employer can use deprivation of an employee’s bonus on the grounds provided for in local regulatory legal acts. Bonuses should be given to employees for achieving indicators specified in local regulations; deprivation of bonuses may occur for shortcomings in work. Consequently, deprivation of a bonus can be applied in order to eliminate shortcomings in the performance of a labor function by an employee, who, in order to receive a bonus in the future, must take measures to eliminate them or appeal the employer’s actions to self-protect labor rights.

The employer has the right to apply disciplinary measures such as reprimand and reprimand to the employee for improper performance of job duties. The use of these measures can also be considered as a method (form) of self-defense of labor rights, which is used to eliminate violations committed by the employee in the performance of labor duties. In this case, the employee also has the right to choose between eliminating violations in his behavior and going to court or the state labor inspectorate with a statement declaring the employer’s actions illegal and (or) unfounded. However, self-protection of labor rights does not occur when an employee is dismissed from work, since in this case the employment relationship is terminated. Therefore, after dismissal from work, the employee does not have the opportunity to eliminate the violation; he has the right only to appeal the employer’s actions to the authorized state bodies. Moreover, the current legislation does not provide for the exclusion from the employee’s work book of a record of the application of a disciplinary sanction in the form of dismissal from work and after the expiration of the disciplinary sanction. Although it is possible for an employee to appeal to the employer or to the authorized state bodies in order to remove a defamatory entry from the work book after the expiration of the disciplinary sanction. But in this case, self-defense of labor rights is not used as a way to restore them.

Thus, in order to eliminate violations committed by an employee during the performance of labor duties, the employer has the right to use the methods (forms) of influence provided for by federal law in order to eliminate them and self-defense his rights.

Self-defense of labor rights by an employee

Self-defense of labor rights by an employee has the following features:

is one of the ways to protect the labor rights of an employee;
Only the employee has the right to use this method of protection;
the employee independently protects his labor rights and interests without recourse to state or public bodies;
an employee has the right to resort to self-defense if there is a violation of his labor rights or a threat to the life and health of the employee;
an employee may use any methods (forms) of self-defense of labor rights not prohibited by law.

For the purpose of self-defense of labor rights, an employee, having notified the employer or his immediate supervisor or other representative of the employer in writing, may refuse to perform work:

not provided for in the employment contract;
which directly threatens his life and health,

except for cases provided for by federal laws.

During the period of refusal of the specified work, the employee retains all rights provided for by labor legislation and other acts containing labor law norms.

For the purpose of self-defense of labor rights, an employee has the right to refuse to perform work also in other cases provided for by the Labor Code of the Russian Federation or other federal laws.

In accordance with Art. 380 of the Labor Code of the Russian Federation, the employer and the employer’s representatives do not have the right to prevent employees from exercising self-defense of labor rights. Prosecution of workers for their use of methods of self-defense of labor rights permitted by law is prohibited.

More details

An employee has the right to refuse to perform work not provided for by the employment contract, in particular, to refuse to work under harmful and (or) dangerous working conditions, if their performance is not provided for by the employment contract. This refusal should not entail adverse consequences for the employee. In this regard, the employee may notify the employer in writing that, using self-defense of labor rights, he refuses to perform assigned work that is not provided for in the employment contract concluded with him. That is, the employee must not perform duties that are part of another job function. The presence of such a refusal does not allow the employer to legally apply disciplinary measures to the employee. In this case, authorized representatives of the employer may refuse to assign duties to the employee that are not provided for by his employment contract, or file a claim against the employee to recognize his actions as illegal and or unfounded. An employee has the right to refuse work that directly poses a threat to his life and health, except in cases where performing this work is part of the employee’s job duties. For example, the work responsibilities of rescuers include eliminating the consequences of natural disasters and accidents, which may pose a danger to their life and health. However, these workers must also perform work that is dangerous to life and health, since their professional activities involve risking their life and health. After refusing to perform a labor function, the authorized representative of the employer may also refuse to assign the employee work that poses a threat to his life and health, or appeal the employee’s actions to self-defend labor rights in court.

In addition, for the purpose of self-protection of labor rights, an employee has the right to refuse:

from illegal transfer to another job;
from performing job duties and going to work due to non-payment of wages, including partial;
from carrying out illegal orders of the employer;
from giving explanations when brought to disciplinary liability, as well as from giving testimony in labor cases against their loved ones;
from being sent on a business trip, when, in accordance with the law, such a sending can only take place with the written consent of the employee;
from performing overtime work, work on weekends and non-working holidays, to which he is involved in violation of the law, as well as from early departure from vacation;
from providing the employer's representatives with documents and information that do not relate to the job function performed by him and the provision of which is not provided for by current legislation;
from returning to work after the expiration of a two-week notice period upon dismissal of one's own free will;
from receiving a work book in which entries that do not comply with the law are made.

Employees can protect their rights by any means not prohibited by federal law, while employers can use only methods (forms) directly provided for by law as self-defense.

If the employer or his representatives insist on using the employee’s labor in the workplace or in working conditions that are not provided for in the employment contract with him and in which the employee refuses to perform labor functions, he can begin the procedure for an individual labor dispute and apply for its consideration to the labor dispute commission or to the court (Article 382 of the Labor Code of the Russian Federation).

Self-defense of labor rights by workers: forms of self-defense

This measure may be expressed in the employee’s refusal to perform professional duties if they are not provided for in the contract. He may also shy away from activities that pose a potential threat to his health and life. The only exceptions are those cases defined in the Federal Law. During the period of use of this opportunity and, accordingly, the employee’s failure to fulfill certain duties, he retains all his rights established in the Labor Code and other federal laws.

The sphere of regulation of industrial relations has its own specifics. It has significant differences from civil legislation, which allows for any measures to suppress it that are appropriate to the content and nature of the crime. Taking into account the unequal position of participants in industrial relations, the legislator establishes only one form in which self-defense of labor rights by employees can be embodied - refusal to continue activities.

Protection options

Such a phenomenon as the protection of labor rights of employees, labor law (Labor Code of the Russian Federation, Article 352) defines a list of procedures or actions that an employee can carry out independently and with the help of competent organizations , depending on the severity of the violation.

And so, if the boss very actively violates the rights of employees, the employees themselves have several legal options for protection, the main of which are:

self-defense (the concept of “self-defense” means legal actions aimed at protecting violated one’s own labor rights without involving third-party organizations);
contacting trade unions to seek help from the specialists available there;
interaction with the State Inspectorate for the Protection of Workers' Rights (this organization is also called the labor inspectorate or the federal labor inspectorate);
appeal to the judicial authorities.

If we consider each of these options separately, it should be noted that going to court, as well as to the bodies of the Prosecutor's Office of the Russian Federation, is an extreme stage in resolving labor disputes, which should be resorted to only if it turns out to be simply impossible to resolve the disputes that have arisen by other means. impossible .

Self-defense of the labor rights of employees, as mentioned above, does not imply the involvement of any third-party organizations by the employee in order to resolve labor disputes.

This method is possible if the rights of one specific specialist and it is possible to resolve disagreements through negotiations with the manager or his authorized representatives.

Trade unions contacted if the disagreements that have arisen cannot be resolved directly through negotiations and the person remains socially unprotected.

Moreover, this can be an appeal both to representatives of the trade union in a specific organization , and at a higher, inter-organizational level. Here there is already a thorough analysis of the specific current situation with an investigation of the root causes of its occurrence.

The rights of trade union organizations to monitor the protection of workers’ rights are stated in Article 370 of the Labor Code of the Russian Federation.

However, decisions of trade union bodies in accordance with Art. 371 of the Labor Code of the Russian Federation are not binding in nature, but rather advisory , since such bodies are not vested with power, unlike labor inspectorates.

Labor inspections , as is obvious from Article 355 of the Labor Code of the Russian Federation, are already a higher service, if we talk about the hierarchy in the structure of bodies aimed at protecting the labor rights of employees of certain organizations, by levels of protection.

Their decisions, aimed at restoring the infringed interests of workers, are no longer just recommendations , unlike decisions made by the trade union. If the employer decides to refuse to comply with the decision made by the representatives of the labor inspectorate, the employee, with the support of such representatives, can go to court to restore his violated rights.

Judicial consideration of labor disputes occurs, oddly enough, quite often nowadays. This is due, first of all, to the fact that it is easiest to file an appeal to this authority, and also to the fact that the decision made by the judge will be mandatory . Otherwise, the latter may incur heavy fines .

However, the process of considering labor disputes that have arisen in courts at various levels is very lengthy. It is for this reason that appealing to this authority should be considered as an extreme option in the fight for one’s violated rights (for example, in the event of bankruptcy of an employer, if he refuses to compensate for the work of subordinates).

The length of consideration here is due to a number of reasons:

firstly, the heavy workload of the courts themselves and the judges who consider cases;
secondly, the procedure for thoroughly checking all submitted documents in order to suppress the possibility of a miscarriage of justice.

In addition, going to court also entails certain material costs for the employee in the form of payment of state fees, including certification of copies of materials provided along with the statement of claim to confirm his case.

And yet, there are plenty of situations where you cannot do without going to court. The reasons why an employee can apply to this authority are listed in Article 391 of the Labor Code of the Russian Federation.

Difference from a strike

Self-defense within the framework of labor relations is aimed at defending individual interests: the right to receive wages on time and in full, to hold a position and perform functions in accordance with the contract and one’s skills, to protect health and life during production activities, and so on. The strike is aimed at defending the collective interest. It is also expressed in a partial or complete refusal to continue production activities, but by the entire team.

The realization of the right to self-defense is carried out by workers independently. regardless of the rest of their colleagues. As for a strike, the decision to hold it is made only collectively at a meeting of employees. Along with the use of self-defense, the employee has the right to contact the bodies for the consideration of individual labor disputes or the Inspectorate. A strike is carried out in the process of resolving a collective dispute. In this case, it is impossible to go to court and demand supervision over the legality of the employer’s actions. In case of a strike, conciliation procedures must be applied.

Types of protection

Each person decides for himself whether to continue to endure the boss’s lawlessness or to defend his own interests. Let us note that if you remain silent, for example, if you are subject to unjustified disciplinary action, in the future, even for a minor offense, the manager will quite legally be able to fire you for systematic failure to comply with discipline. Knowing about ways to protect rights, an employee can choose where to turn under specific circumstances.

Self-defense

In any form, by hand or by printing out a document, you can send a complaint to the manager with a requirement to eliminate violations, specifying a time frame, in the following cases:

work and rest standards are not met;
wages are not paid on time or in full;
guaranteed compensations are not accrued;
benefits provided by law are not provided;
other violations of legislative and legal acts, including internal ones, are permitted.

We recommend preparing two copies of the document: after registration with the secretary, one with a mark of the incoming number and date of receipt, as well as a certified signature of the person in charge, must be kept with you. In the future, if the conflict cannot be resolved peacefully, a copy of this claim must be attached to the application to the authorities, applying to protect your interests.

According to the norms of labor legislation, the main condition for refusing to comply with management orders, as a method of self-defense of violated rights, is an advance written warning:

if this is not included in labor or professional duties in accordance with the contract concluded during employment (or an additional agreement to it);
in case of gross violations of labor protection requirements, when the safety of life and health is not ensured (except for situations of prevention, liquidation of consequences of accidents, and other cases provided for by law).

Attention! An employee has the right to refuse to perform work duties, for example, when the employer does not pay wages on time, which is considered a gross violation of labor legislation.

Protection from society

Labor legislation focuses on the role of trade unions designed to protect the interests of workers. Thus, an existing trade union can:

monitor compliance with procedural requirements when imposing penalties, reducing staff or the number of workers, compliance with the terms of the collective agreement, local agreements;
initiate the creation of a commission consisting of an equal number of representatives of workers and management, recognized as the body authorized to make decisions on individual labor disputes (ILC).

For example, the lack of consent of the trade union body upon dismissal at the initiative of the employer will become the basis for declaring it illegal.

State protection

To achieve these goals, ensure the legality of legal relations between hired workers and employers, protect labor and social guarantees, and the federal inspectorate is competent to investigate the merits of received applications, complaints, and appeals from citizens regarding violations of labor laws.

Supervisory activities are carried out by territorial bodies located in all regions of the country under the central leadership of Rostrud, regardless of the timing of planned control, without prior notification to the employer in on-site or documentary form.

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You can report violations:

orally, by making an appointment with the inspector or on a first-come, first-served basis on visiting days;
in writing, by delivering documents in person, by letter.

You can apply via the Internet by filling out a specially designated form in the “online inspection” section on the official website of Rostrud.

Within 30 days from the date of registration of the complaint, the complainant will be sent a reasoned response about the measures taken to eliminate the violations or an explanation of the legality of the employer’s actions under the specific circumstances.

You can also send a complaint to the prosecutor. Being also a state supervisory body, the prosecutor's office has a wider range of powers:

carry out an audit of the implementation of constitutional principles and any laws in force in the country independently;
require the territorial inspection that controls the employer at the place of registration of the legal entity to carry out unscheduled measures on the application and make an informed decision.

It is important to know! One of the advantages of this method of protecting work-related interests is the right to collectively appeal against unlawful actions of the employer. Such requests are treated with more careful attention, excluding the bias of one person’s opinion.

Judicial protection

Any conflict can be resolved through court. Individual disputes relating to labor relations are considered by district courts at the location of the employer (registration of a legal entity) or at the residence address of the plaintiff.

Practice shows that most often, fearing further prejudice on the part of management, up to being forced to resign at their own request, they go to court when there is nothing to lose, that is, after dismissal, considering it illegal if they do not agree with the grounds.

The advantage of resolving a dispute in court is the opportunity to present claims for compensation for moral damage caused by illegal actions.

When drawing up a statement of claim, you must adhere to the requirements for its content and form.
Substantiate the claims with references to legal norms violated by the actions (inaction) of the employer.
Collect evidence of the indicated violations, obtain testimony from witnesses.
Do not miss the statute of limitations for filing a claim in court:
if you want to prove the illegality of dismissal, transfer to a lower-paid position, receive monetary compensation for forced absences, additional payment in the difference in funds due, and sometimes moral damage, you should act promptly - within 1 month after familiarization with the order, issuance of the work book;
Claims regarding funds due can be made within a year from the date established for these payments.

Consequences

Continuing to compare self-defense of workers and a strike, it should be noted that the use of these measures provokes different results. Thus, in the event of an individual refusal to continue production activities, the employee begins it again only after the violations have been eliminated. In other words, the result is the restoration of his interests. The duration of the strike depends on the effectiveness of conciliation procedures. It may end after the conclusion of an agreement defining new rights for workers, partial or complete fulfillment of the requirements. A strike may also end by decision of the elected body that leads it, without reaching an agreement.

Protection of labor rights by trade unions

Trade unions defend the rights and interests of trade union members on individual issues of labor relations, and when protecting collective rights, regardless of trade union membership when vested with powers to represent interests.

To protect employee rights, trade unions have the following rights:

make proposals for the adoption of laws and other regulations regarding the social and labor sphere by the relevant state authorities;
provide an opinion on drafts of such acts;
take part in agreeing with employers on wages, payment systems and labor standards;
freely visit the workplaces of trade union members.

In addition, as advocates, trade unions:

participate in the development of state employment programs;
exercise control in the field of employment;
evaluate the employer’s actions when terminating an employment contract on his initiative and, in certain cases, agree to terminate the agreement;
exercise control over compliance with legislation.

It is necessary to note that to monitor compliance with labor laws, trade unions have the right to involve state regulatory authorities.

Based on the law, trade unions have the right to demand that the employer eliminate violations. Moreover, within seven days from the receipt of the request, the employer must inform the trade union about the results of eliminating the violations.

conclusions

Based on the above, the following can be determined:

The right to strike is guaranteed by Russian law only for the resolution of collective labor disputes. This provision is fully consistent with international principles.
In case of non-payment (delay) of wages, an individual dispute or a combination of them arises.
Suspension (termination) of work due to non-payment of earnings to employees cannot be recognized as a strike.

Forms of labor protection for workers

Protection of labor rights can take different forms. It is important that the methods used are provided for by the legislation of the Russian Federation and do not contradict it. They represent an established type of law enforcement activity, which concerns the application of certain measures to protect the violated, disputed rights of employees.

There are jurisdictional and non-jurisdictional forms of law enforcement activities. It is important to understand the features and characteristics of each. Non-jurisdictional forms include conciliation procedures (negotiations with the head of the company to resolve a conflict situation) and self-defense.

Jurisdictional protection is carried out by special bodies:

labor dispute commissions;
magistrates' courts;
prosecutor's office;
organizing state control over compliance with labor legislation;
courts of general jurisdiction;
Commissioner for Human Rights in Russia;
Constitutional Court of the Russian Federation.

When choosing a form of protection of labor rights, it is necessary to take into account the scope of competence of a certain body, the conditions for applying to this authority, and its jurisdiction.

Payment during the period of suspension of activity

It is determined depending on the reason for which self-defense of labor rights by employees was used. The Labor Code of the Russian Federation for cases of violations of requirements for the protection of production activities establishes payment for downtime through no fault of the employee. It is likely that it is more expedient to compensate for the suspension of professional duties as downtime due to the fault of the employer. This rule is established in Art. 157, part 1. It indicates that the employer did not fulfill the duties assigned to him by law.

At the same time, when transferring an employee to another type of activity, this approach cannot be applied. In this case, he actually had no opportunity to carry out activities at all. In accordance with the established practice of resolving conflict situations in the sphere of production, absence from work in such situations is paid as forced absenteeism. This provision is contained in Articles 394 and 72 of the Code. If activities are suspended due to late payment, the employee has no guarantees of compensation. This circumstance significantly reduces the importance of using self-defense of one’s labor rights in this case.

Nuances of implementing self-defense

As part of the implementation of the right to self-defense, several questions arise:

Is it necessary to pay wages during the period when an employee does not fulfill his duties?
Does the employee have to be present at the workplace?

So, do you need to pay a salary? In essence, self-defense is actually downtime due to the fault of the employer. According to Part 1 of Article 157 of the Labor Code of the Russian Federation, in this case the employee receives a salary, since the downtime did not arise through his fault. However, there are exceptions:

The procedure in question does not apply if the employee refuses to be transferred to another position. In this case, he is unable to work. In this situation, it makes sense to pay for the period as forced absence (Articles 72 and 394 of the Labor Code of the Russian Federation).
If work is suspended due to late pay, no payments are guaranteed.

Should an employee remain at work? The law does not clarify this issue in any way. Therefore, the decision is made on an individual basis. The employee must be guided either by the employer’s recommendations or by the internal regulations of the company.