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Article 412. Parties liabilities in the course of a strike






During the strike period the parties to a collective industrial dispute shall be liable to continue the settlement of such dispute through the conduct of conciliatory procedures.

The Employer, executive bodies, local governments and the head striking unit shall be liable to take all possible measures in order to provide for public order, property safety of organization (subsidiary, representative office, other separate structural subdivision) and employees during the strike period, as well as for the work of the machinery and equipment, which being suspended threaten to people`s life and health.

List of the minimum of required accomplishments (services) in organizations, subsidiaries, representative offices, whose activities are connected with people`s safety, health support and essential public interests, shall be produced and approved in each branch (sub-branch) of economy by federal executive body authorized for coordination and governing of activities in the respective branch (sub-branch) of economy, according to agreement with the respective Russian National Trade Union. In case there being existing several Russian National Trade Unions in any branch (sub-branch) of economy, a list of the minimum of required accomplishments (services) shall be approved upon agreement with each of the Russian National Trade Unions existing in the branch (sub-branch) of economy. Procedures of producing and approval of the minimum of required accomplishments (services) shall be determined by the Government of the Russian Federation.

The executive body of the subject of the Russian Federation shall produce and approve, on the basis of lists of the minimum of required accomplishments (services), produced and approved by the respective federal executive bodies, upon agreement with the respective territorial associations of trade union organizations (trade unions associations), territorial lists of the minimum of required accomplishments with the specification of the content and determination of the minimum of required accomplishments (services) in the territory of the respective subject of the Russian Federation.

The minimum of required accomplishments (services) in organization, subsidiary, representative office shall be determined upon agreement of the parties to collective industrial dispute in conjunction with a local government, on the basis of lists of the minimum of required accomplishments (services) within five days of the decision on calling a strike. The inclusion of any type of accomplishments (services) into the minimum list, shall be justified by the fact of threat to civilians health or life. The minimum of required accomplishments (services) shall not include accomplishments (services) which are not provided in the respective lists of the minimum of required accomplishments (services).

In case of failure to achieve agreement, the minimum of required accomplishments (services) in organization (subsidiary, representative office) shall be determined by the executive body of the subject of the Russian Federation.

The decision of such body to establish the minimum of required accomplishments (services) for organization, subsidiary, representative office, can be appealed by the parties to collective industrial dispute.

In case of failure to provide for the minimum of required accomplishments (services) the strike shall be acknowledged unlawful.






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