The Russian Labour Code regime for resolving collective labour disputes has been amended

5 December 2011 saw the entry into force of Federal Law No. 334-FZ dated 22 November 2011 On amending the Russian Federation Labour Code to improve the regime for resolving collective labour disputes. This Law amends the Russian Labour Code in terms of both the time limits and procedure for examining and resolving collective labour disputes.

The main amendments are:

1. The deadlines for completing actions relating to a collective labour dispute have been shortened. For example, an employer’s deadline for responding to employees’ demands has been reduced fr om three to two working days from the date on which the demands are received, the deadline for a local-level collective labour dispute to be examined in arbitration has been reduced from five to three working days, and the deadline for warning an employer about a local-level strike has been reduced from ten calendar days to five working days.

2. The procedure has been simplified for employees to vote in support of demands advanced to the employer: demands may be approved not only at a meeting or conference, but by collecting the signatures of more than half the employees. The signature collection procedure may be used if it is not possible to hold a meeting or convene a conference.

3. It is provided that there can be labour arbitration forums which are in continuous effect to resolve collective labour disputes. By a resolution of the tripartite commission for regulating social and labour relationships, a labour arbitration forum which is in continuous effect may be created under the commission’s auspices. The parties to a collective labour dispute may refer the dispute either for one-off arbitration (as was done previously) or to the labour arbitration forum in continuous effect under the tripartite commission’s auspices.

4. The obligation of employees to indicate the proposed length of a strike in the resolution to announce that strike has been abolished. The other requirements for the content of such resolution have remained unamended.

5. The time period by which the court may postpone a strike that threatens the life and health of persons has been shortened. Should a direct threat to the life and health of persons be created, the court may postpone a strike that has not begun by up to 15 days (previously this was 30 days), while a strike that has started may be suspended for the same time.

6. The consequences have been amended of a failure by employees to guarantee the minimum necessary work (services) during a strike period. Such a strike may be suspended by a court decision until the corresponding requirements have been met. Previously, the failure to guarantee the minimum work was a ground for a strike to be held to be unlawful.

Overall, the above amendments strengthen the position of employees in resolving collective labour disputes. In particular, the shortening of the time lim its for carrying out procedures means that employees may start strike action within shorter timeframes than previously.

Bearing this in mind, companies need to reexamine their procedures for interacting with employees and their representatives when resolving collective labour disputes.

Pepeliaev Group’s specialists have extensive experience of advising on issues relating to the activity of trade unions and other employees’ representatives (including concluding collective agreements, restraining and terminating the unlawful actions of trade union leaders, and terminating employment relationships on different grounds). Our lawyers are ready to provide the necessary legal support further to the law being enacted.

For further details, please contact:

in Moscow – Julia Borozdna, Head of Employment and Migration Practice, at (495) 967-00-07 or by e-mail;  Andrey Slepov, Senior Associate, at (495) 967-00-07 or by e-mail

in St Petersburg - Sergey Spasennov, Partner, Head of St. Petersburg office, at (812) 640-60-10 or by e-mail; Alexander Korkin, Associate, at (812) 640-60-10 or by e-mail