Employment disputes with the participation of trade unions

A webinar “Employment disputes with the participation of trade unions” for the readers of the “Labour disputes” magazine was held on July 3^rd. Advocate Anna Kotova-Smolenskaya, Doctor at Law, Associated Partner of the Law Firm "YUST", was the speaker of the webinar. In her speech, she told about the role of the trade unions in the consideration of individual employment disputes by the labour disputes committee and by courts.

A rating of widely known conflicts with trade unions, which were accompanied by court disputes, was presented for the participants’ attention. Court cases on restoration on the job of dismissed trade union leaders were among them.

Anna Kotova-Smolenskaya pointed out that there are many cases when employees create a trade union not so much for protection of rights of its members, but rather for guarantees at dismissal under Article 374 of the LCRF.

The “Tikkurila” case was given as a graphic example. In this case, an employee left one trade union and entered another one a day prior to the consideration by the trade union of the employer’s request to obtain his consent for termination of the employment contract under clause 2 of part 1 of Article 81 of the LCRF. Having done this, the employee became the 12^th vice chairman (and the 13^th member) of the trade union.

Presentation “Employment disputes with the participation of trade unions” by Anna Kotova-Smolenskaya