| |
Hired Powerlessnes
Boris Kagarlitsky
Novaya Gazeta, 11 May 2000
The new labour code provides
complete domination of the employer. Our government loves the codes. For
years of the not Soviet authority for the Russian bureaucrat the hard
belief was folded what to create a lawful state to him the absence of
appropriate documentation prevents only. If, for example to legalize
arbitrariness of the heads, officially to support behind him the rights,
which it took by itselv earlier, the "dictatorship of the law" will be
received most that on is. At first our notice have offered the code
about administrative violations, which provided dracons punishment for
recusancy to the instructions of the chiefs, now for the Kremlin figures
the hands the labour legislation have reached. Till now in Russia
the old Soviet Code of Labor Laws (CLL) operates which, indoubtedly, is
obsolete simply because was written for other economy and even for the
other country. Revising CLL is objectively necessary, but it opens
completely borderless possibilities for liberal - bureaucrats creativity.
Liberal in the sense that the writers of the CLL obviously consider faulty
everything, that though as limits the right of the employers to dispose
"of theirs" workers. "Bureaucrats" because the relations between the
workers and businessmen still remain rigidly regulated, only now law
always appears on the side of the employers.
The attack on trade unions
By the governmental project of the labour code, all troubles of
our economy - from trade unions. About it is frankly spoken in an
explanatory slip to the project: " Introduction or the saving of the
mandatory coordination with trade unions of the majority of administrative
solutions can not be recognized expedient. In the project it is offered to
assign to the employer the unconditional responsibility to consult on a
representative body of the workers and whenever possible to take into
account his opinion, but thus the right of acceptance of final judgement
is kept behind the employer ". From the further text it becomes clear,
that the call-up, addressed to the businessmen, " to take into account
opinion of the working " - is not simple the declaration. On " the
initiative of the working " can reduce the salary, to extend a working
day, to enter overtime. More shortly, the workers receive bulk of
possibilities "voluntarily" to spoil to themselves life. In interests of
production, certainly.
The Labour order will not be agreeed any more
trade union (item 85). The order of payment of the premiums and other
encouragements is not coordinated any more with trade union (item 86). The
shift schedules and translation from one change in other are not
coordinated any more with trade union (item 102). Queue of allocation of
holidays, replacement of holiday by compensation nor are coordinated (item
121, item 124). Same refers to wage cut and change of the tariffs, which
the administration henceforth makes without any coordination (item 133,
135). In the one-sided order the heads can revise and norm of work (item
151).
From 10 articles of the chapter XV of the CLL, decrypting the
rights of trade unions, there are only four. The trade union loses the
rights on allocation to it of premise, communication facilities,
validation of accounts under the salary. The item 227 of the CLL, granting
to the workers the right is eliminated to participate in operation of
business. The chapter about labour collectives is completely eliminated,
according to which privatization of state and municipal firms,
modification in their charters, selection from them of structural
divisions are allowed only at the consent of collective. The members of
the trade unions committee can be dismissed, if the State labor inspection
of the subject of Federation (item 162) will agree to it. Differently, the
working active workers are not recommended to deface the relations with
the governors.
It is necessary to tell the truth: Russia - not England,
and on the majority of firms the trade unions do not use the special
confidence of the workers. There is it just because actually trade-union
bodies still, as well as in the Soviet time, represent itself as
appendages of administration. But if the trade unions are so harmless,
what for to grant the chiefs of firms the additional rights for struggle
with them? The answer is easy for detecting in the text of the new CLL.
This document almost in open is directed against attempts of creation new,
trade unions, organized by worker. If the current legislation provides the
common right of trade union on the conclusion collective agreement or
application to it, or on creation of a joint commission of several trade
unions, now chiefs receive the right itself to decide, with whom to agree,
and to conclude collective agreement only with convenient by it by trade
unions. If the workers are dissatisfied by old trade union and have
created new, more effective, the administration has the right it to
ignore. And if on the contrary - old trade union committee starts to show
principals and to argue with administration - the director creates own
pocket trade union and negotiates only with it.
The country of "masohists"
At all weakness of the Russian labour movement, it some
times supplied authorities serious troubles - enough to recollect " rail
war " 1998. It is quite possible, that similar will be repeated again,
especially in conditions, when it becomes clear, as far as ungrounded
there were hopes for economic prosperity under an authority of Putin.
Understanding it, in government on any case prepare the necessary tool to
be straightened with dissatisfied not somehow, but " under the law ".
About dismissals. If freedom of trade unions for the majority
of the workers in Russia still remains by something abstract, here CLL
already mentions interests each. It is not enough of that that CLL
transforms the collective agreements into fiction. The item 55 projects
allows to conclude the settlement house contracts practically with any
worker, as reputes to the employer to refer to necessity of urgency in
view of " the temporary extension of production or size of works on hand "
and indefinitely to prolong the contracts, permanently keeping the workers
on ""hook". Contract workers, as it is known, are dismissed after an
expiry of the term of the contract. On old CLL on expiration of the
settlement house contract and at continuation of operation the worker
passes to the permanent agreement. The government designs to allow the
employers to conclude the infinite settlement house contracts, prolonging
their each time for two - three months, that the people felt in constant
dependence. The item 68 projects is granted by the right to
administrations of firms without warning (now for this purpose it is
required two months) to enter the mode of a partial working hours
certainly " in interests of saving of working places ". Not consent at
once dismiss. The conditions of the temporary translation on other
operation which has been not stipulated by the contract, including with
lowering of earnings are worsened. For refusal - again dismissal (item
69). The dismissal and for disclosure of the"commercial secret " is
provided which each employer installs independently. Commercial "secret"
can be, for example, the conditions of the employment contracts,
allocation of the profit, size of the salary of the workers and chiefs
(item 76) are called.
It is underlined, that the "master" can dismiss
the person " in case of approach of force majeure prohibitive to
continuation of labour relations ". The employer can mean it and change of
the interest rate of the Central Banck Of Russia, and straits of the
corporation (item 77). The similar statement enables at any moment fling
out the street any person. You see for us in country all life - continuous
"force majeure"! The one who will save operation, also have lots of
problemm. The overalls to the workers occupied in conditions of the
special temperature mode (an item 195) are not produced the output of a
free soap and water ceases, the control behind observance of the rules of
protection of work is weakened. The liability of the workers before the
master extends. The complete property responsibility, i.e. responsibility
to reimburse all caused damage and in general to remain without the salary
on some months or years, the "administrative misconduct " (for example is
applied for ", unauthorized strike or locking) and " disclosure of a trade
secret " (we shall tell, disclosure of illegal commercial manipulations of
administration) (item 215). A statement especially admires: "... The
actual damage can exceed its nominal size " (item 218). Any limitations of
holdings from wages already are not present, i.e. Administration will have
the right completely to deprive of the worker not only salary (today 20 %,
in exclusive cases - 50 %), but also dismissal wages, compensation for the
unused holiday, children's manuals etc.
The workers employed "by "natural persons", i.e. separate businessmen,actually, forfeit all rights.
The contracts with them can provide any conditions, which are exhibited by
the master, without any limitations (item 271 - 277). And at last writers
of the CLL have granted the working the new right: the teacher of time can
depart to 10 years in no-charge holiday by a duration about one year (item
287). In that case, certainly, if before will not be dismissed for " gross
violation of the charter of general educational establishment ". That the
bureaucracy will write in the charters, depends only on it (item 288).
Wide area usage of a female labour in night changes, direction in
business trips of the women with minor children (item 246) is authorized.
The paid holiday on a maintenance behind the newborn child is reduced
since three years up to полутора (item 243).
It is authorized to involve
the pregnant women, adolescents and women with minor children in operation
in night time (item 96). Today overtime are allowed only in exclusive
cases - such as natural disaster and serious crashes, and it is forbidden
to involve in them the women with children, adolescents and hardly ill.
The government offers " with the consent of the worker " to grant
administrations the right though daily to send him on overtime work,
besides without any exceptions.
The recording that " at change of organization of work and "know-how" " the employer has the right
to reduce the salary offered in the new labour code, it seemed to its
writers unsufficiently. They want, that " at the consent of the worker "
the salary should be possible be to reduced and in all other cases,
without everyones " of changes of organization of work " by (item 135).
That up to practical in all Russia holidays without saving the salary,
they are offered to be not included neither in a time record, nor in
period intended for numeration of holidays (an item 119).
It would seem, of all it already it is enough, that the new labour code of Russia
to enter in Guennes Records Book as most reactionary in Europe. But the
developers do not stay on achieved. They have not enough every possible
small-sized dirty, prepared for of the individual worker. The historical
achievements are necessary to them. And before us their main achievement:
if the code will enter by virtue of, we should forget about a 8-hour
working day and 40-hour working week: " under the application of the
worker the employer has the right to allow him operation outside a normal
duration of a working hours ", namely: till 12 hours per day and 56 hours
per one week (item 98).
By everything, the writers of the CLL are
convinced, that deal with a nation of "masohists", which at each
convenient case try "voluntarily" to reduce to itself the salary, to
extend a working day, to leave in no-charge holiday. And all this without
any enforcement, from only one high consciousness. Everyone, who has lived
in slightly to Soviet country, remembers, how easy it is to organize
appropriate " wishes of the workers".
The pleasure of the sexot
The Special notice the writers of the state project have
given to collection by the employer of the information about the workers.
The whole section of the project of the labour code is devoted to the
right of management to create data banks and files about the workers,
including the items of information on their private life, political sights
and trade-union activity (item 80 - certainly, with the proviso, that it
is admitted only in frameworks " of the federal legislation "). The
authority prompts to the employers, what for they should it to do: " The
employer has the right to gather the indicated data, if they directly
refer to questions of employment " (item 80). As is not told, what exactly
can refer to questions of employment, and that - is not present, the
"master" can collect the extensive file on the employees, clarify their
ideological or sexual orientation, bring in the computer the data on the
one who with whom sleeps, and bulk of other interesting items of
information. It is quite understandable, that if necessary director of
firm can inform by the interesting facts with competent state bodies. Or,
on the contrary to receive their help for appropriate reward.
It is not enough of that that the heads receives the right to constitute "black"
lists, to trade union is charged with administration in it to cooperate.
For the first time for all history of the labour legislation of Russia the
law grants the heads the right to fine trade unions for the refusal of the
assignment the information to the employer (item 46). Such rule "of law"
was not even in imperial Russia. Clear business, at the Soviet authority
any organization under the first requirement granted the heads the data on
the members. But even at Stalins epoch it was impossibal to write such in
the law! However, for Stalin there was simply dictatorship, and for Putin
- " dictatorship of the law ".
What is farther?
The main task of the developers of the CLL is to drag the new legislation through
Duma, how the people will understand, than it threatens to them. By autumn
the social situation can become aggravated, but by then we shall receive
the new labour and administrative codes, and authority - the magnificent
legal basis to clear up with dissatisfied. Other question, that the haste
of the heads produces dirty conscience. Kremlin and White house can simply
miscalculate. The languid and weak trade unions are forced to resist. The
conflict starts earlier, than is scheduled governmental strategists, and
can appear is sharper, than they expected.
The approach of the government to the trade unions differentiated. In the beginning 90 years,
when traditional Soviet Trade Unions structures (FITUR) resisted " to
liberal reforms ", the authority made the rate on creation "alternate"
trade unions committees. In some of them were "swaied" considerable money,
but mass, with rare exception, they done not become. Between that the
manual of the FITUR has extracted the lessons from having place in 1993,
when validly selected parliament have shot from tank instruments. The
leaders of the FITUR transmit on path " of constructive interaction " with
an authority and were gradually built in habitual for them a niche
official govement organization. And here for an authority the new problem
has appeared: what to do with "alternativ", which, being are kept without
supervisions of the officers, became more and more radical.
The government actually has
offered the bargain to FITUR. "The old" trade unions finally reset to
themselves the official status, on them consult, and for it they do not
prevent acceptance of the new CLL. A trouble that the separate active
workers and низовые of structure of the FITUR, too, do not wish more to
play a role " of hand-held trade union ". "The "alternate" trade unions
were unexpectedly united (left with right, ""red" with ""white") and have
appeared by a united front, steel to threaten with street statements and
strikes. And the manual of the FITUR, oscillated a little bit, was not
decided is open to support an authority. The government, has provoked that
not expecting, serious social conflict.
The trade-union leaders threaten, that the statement of the protest will be not less mass and
serious, rather than in time " of rail war " 1998. Actually this
exaggeration. Conditions in country is not those, as two years back. But,
hurrying up with acceptance of the new CLL, the authority only inevitably
approximates crisis, giving the opponents to conduct in the spring "
general rehearsal " of the future opposition. The sides already have taken
starting positions. There is an investigation by
chipping.
Copyright 2000 Novaya Gazeta
|
|
