The Union is IT?! Interview with representative of "Novapro"'and



Recently on Habre there series posts promoting knowledge of their rights on TK in General and the Union for employees of the IT sector in particular. Took it easy gebrauchen inout.

I was wondering, I contacted him and found out that actually to the individual trade Union case has not yet come. In St. Petersburg was organized just about the primary cell of the wing MP "New trade unions" (aka "Novapro").
Anyone has any my then the question "in Moscow?", answer: in Moscow the same cell yet.

Curiosity led me on... And now I present to you an interview with a representative of "Novaria". If interesting, welcome under kat. Questions were many, to whom the letters seem a lot — at the end of my short conclusion is, well, a small survey on the topic.

the

a Little history


At the turn of XIX-XX centuries, the trade unions were a real force. Thanks to those people who are ready to go to the end, thanks to their rallies and strikes, we have the Labour Code and the eight-hour day. Later anarcho-syndicalist initiative as emasculated, turning the Union into obscure cog in the bureaucratic machine. Not surprising...

However, the idea in the minds wanders. In 2003-m to year has already been an attempt to integrate it people into a Union. This occurred on the basis of a rather big community sysadmins.ru with the support of the very well-known then log Upgrade. The idea failed miserably at the start. As I understand it, the organizers corny quarreled among themselves. And since such proposals are hysterical giggle. A similar proposal on the above forum there regularly.

the

Here and now


So. What happens ten years later? Maybe our region is finally "ripe"? What Novapro what do the contemporary trade Union?

To answer questions took Maxim Kulaev, the information worker of the interregional trade Union "New trade unions" ("Novapro"). The man is very sociable, contact and operational. From communication with him, I still had only positive impressions.

1. What is a Union?
a question. Developed a point of view that the Union is a bureaucratic organization that's giving out candy for the New year. Unfortunately, often it is. But now there are a number of free trade unions, which have as their object the protection of the rights and interests of workers. In fact, the Union should be an organization of workers United to protect their rights, improve conditions of work and life. We start from the definition. It is important to remember that the Union is not a service, not a service, and the organization of the workers themselves, who are fighting together for their own interests and the interests of their comrades, this is a team United by a common purpose.

2. As a Union is correlated with the existing legislation of the Russian Federation (in force any laws, he can exist, and what laws he's given authority)?
There is a law No. 10 "On trade unions..." and some provisions of the Labour code which regulate the activities of trade unions stipulate their rights and powers.

approx. author
FZ №10 "On trade unions" — in the system guarantor, Consultant.
Similarly, the Labour Code of the Russian Federation — guarantor / Consultant.

3. That the trade Union gives its member?
the trade Union gives its members protection from illegal actions on the part of the employer. Union member is much more difficult to dismiss. You have to respect the rules of the Labour code. In the illegal dismissals cannot recover of his dick at work. A strong trade Union at the enterprise provides improved working conditions and higher wages.
Often the actions of the Union were allowed to recover unpaid wages, as in the case of our Union janitors. The utilities do a lot of fraud when employees cheat employers not paying the promised money. The Union with this is quite successful fights.

Speaking more abstractly, the employee and the employer is always opponents, they have conflicting interests. The employer always has the team, managers, lawyers to protect their interests. So the workers, too, need to unite. In the end, unions are an important example of self-organization in our society, which is now extremely lacking solidarity. Trade unions can contribute to the democratization and development of human rights in Russia.

4. How is the management of the Union?
the Highest authority is the Congress of the Union. In our Statute, it is held at least once in 5 years (out of necessity often). He determines the main directions of work and elect a Union Council which directs all "Neoprofen" between congresses. The Union consists of primary trade Union organisations, which themselves have significant autonomy. Each is a trade Union who is elected by the conferences of the primary organizations. The trade Union is directly managed by a primary tactic. Also, each primary cell adopts its own position. For example, primary workers IT requires to conduct the conference at least once a year. In principle, most trade Union structure is. It's even legal requirements.

5. How many lawyers in the state of the Union? Or they are engaged for specific tasks?
In the state we have one lawyer. There are also a number of legal organizations that can assist us in handling.

6. What is the "margin of safety" of the Union? How many conflicts at the same time he can be engaged (e.g., in percentage of the number of members)?
It depends on the activity of the primaries. Council of trade unions and, moreover, the unit coordinates their activity helps legally and information. In practice, it rarely happens that at the same time it happens more than 1-2 conflicts.

7. How is the budget of the Union, what it expenses, is distributed between the available funding and who decides? What part of trade Union Finance is spent on the services of lawyers?
the budget of the Union is formed by contributions. Expenses are mainly office rent, printing of various promotional materials, labor organizers and lawyers. Most of it goes for salaries. Half of the contributions remains directly in pervichko who decide how to spend them. The other half, which comes to the center, spent by the Union Board on what I said.

8. As a Union builds relationships with lawyers, whether the Union members the opportunity to choose who will protect their interests? Can the Union member is dissatisfied with the quality of legal protection, to influence the trade Union for termination of the relationship with the lawyer which such a service?
we Have one lawyer who provides services free of charge. If there is a possibility or a necessity, the member can apply to anyone. But in Russia there aren't many lawyers versed in labor rights and are willing to take the side of the employee.

9. How are decisions made about the development of the Union? Decide whether the voice of an ordinary member of the Union any organizational moments?
Strategic issues are dealt with congresses and conferences. In conferences of the primary organizations involved each member. In the Congress – delegates from the primaries, selected by primary. The opportunity to participate in governance is for everyone. Each may be elected to the trade Union. The number of trade-Union Committee solves each of the primary itself. You have the opportunity to participate in governance is for everyone, if the person is active enough. Besides, the primary organization hold regular General meetings. It depends on the members themselves.

Most importantly, you need to be an employee, not the employer and a representative of management.

(approx. author — here I asked Maxim to clarify)
I can quote the Charter of the Confederation of labour of Russia, which our Union is also included:
The Union, whose members are employers and their representatives (with the right of hiring and firing), as well as owners of enterprises, can not be a member of the CTE.
We are talking primarily about the right of hiring and firing. But in fact the unions have to make decisions in each specific case, based on the structure of the company, powers of a person. Still, the person performing administrative functions, most will gravitate to the employer. From experience, I can say that they do not seek independent unions.

11. What is the procedure for joining the Union of an ordinary member?
you just Have to write the application and pay fees.

12. What are the duties imposes on its members a Union?
to Comply with the Statute, not to cause harm to the Union, to pay dues.

13. Is there a possibility of communicating with other Union members? Are there any activities for members?
of Course. Again I must repeat that the Union is not a service organization, not a legal firm and team. Of course, the team members need to communicate among themselves. Events every member can initiate himself, if he wants. In addition, we regularly conduct various seminars and trainings on legal and organizational issues.

14. Is there a possibility of "career" within the Union? Is it possible to become more than just an ordinary member, and how does it happen?
Any member can be elected to the governing bodies. But in fact, the basis of the Union is its members. We always strive for democracy and the struggle against bureaucracy.

15. How is the membership fee?
Usually the monthly fee is 1% of salary.

16. Man wants to secede from the Union, having been a member for a while. All this time he paid dues, and never took the help of the Union – whether to return him at the exit fees?
Contributions we have not returned. This issue is also necessary to emphasize that we are not a service. Contributions form the common Fund of the Union, which manage the members themselves at their own discretion. If your contributions have not helped you, then surely they helped your comrades.

17. Can I opt-out of Union membership at any time? What shape does the procedure out of the Union?
At any time you can write a statement of withdrawal from the Union. There is no limit.

18. Can a labor Union to exclude from its ranks of its members? If Yes, for what and what is the procedure?
In each primary are the audit Committee, which monitors compliance with the Charter members of the Union. If a person violates the Statute harms the Union for a long time does not pay fees, then the audit Committee may raise the question about the exception. The decision is made by the trade Union. It can be appealed at a General meeting of the primary organization.

19. As a protected member Union member hands inside the Union? For example, in conflict situations made a decision that does not suit the employee, or the employee believes the decision is incorrect and made on the basis of bias against him – can he anyone to apply for review of a decision?
you Can appeal to the General meeting, to the conference.

20. What guarantees that the Union stand up for its members in a conflict situation at work?
First of all, the Charter of the Union. But the support of the members is the goal of the Union. Without this Union does not exist.

Arsenal to the legitimate activities of the Union are quite diverse. The most effective method is strike. It need strong and numerous trade Union at the enterprise. Often the unions pickets in front of businesses to create information about it. Many employer care about their reputation, so public protests, media coverage can help in the fight. Sometimes it helps to appeal to the authorities: the Prosecutor's office, the state labour Inspectorate, the tax.

22. A trade Union in the dismissal caused by the employer? What kind of help can count a member of a trade Union at all? (For example – assistance in job search, mutual aid society, etc.)
the Union sees to it that the dismissal took place strictly in accordance with the Labour code. Union member should notify two months. It allows you to quietly look for a new job. If the company strong trade unions, the lawful dismissal to reach the agreement of the parties and to seek payment of several salaries. In the case of closure, for example, employees usually simply dismissed without any compensation. If there is a Union, then this can be avoided. For example, a year ago eliminated concrete products Plant №25, where we had a Union. We managed to have the dismissal was in accordance with the provisions of the Labour code and the workers compensation.

23. As the employer is protected from excessive (unfair) pressure of the trade Union?
In General, Russia's anti-worker, anti-Union legislation, so the employer is protected too well. The state more often on the side of employers. The worry for employers is not necessary.

24. What options pressure on the Union have with the employer? Is there a precedent?
the Employer almost always takes the independent trade Union as his enemy and tries to weaken or even destroy. He refuses to recognize the Union, negotiate with him. Activists are often threatened with dismissal, and various penalties. He can use the corrupt courts. Sometimes even send the bandits. 5 years ago attacked the then Chairman of trade Union of factory "Ford" Alexey Etmanov. In Yakutia, a trade Union leader Valentin Urusov planted drugs, he spent 4.5 years.

25. In a conflict situation between the employee and the employer interfered with the Union. In clarifying the situation, it became clear that the fault of the employee – Union member. Than he is at risk from the Union?
If the employee is not right from a legal point of view, that the Union will do little to protect his interests. But in any case, the team should not leave his friend.

26. Where the employer to know about the Union? Are there any campaigns targeted at employers?
If the enterprise appears the Union, its officially, it shall notify the trade Union Committee.

27. Where the average person can learn about the existing unions and how to decide which Union he fit?
the trade unions Have information policy. Union activists handed out campaign material at the entrance of the enterprises where no workers ' organizations. A Union choice – it depends on the profession.

28. Should the employee in the employment to inform the employer that he is in the Union?
should Not, but may report.

29. Situation: employee (Union member) came into conflict with the employer, in this case, the conflict is the fault of the employee. He (the employee) doesn't want this situation to involve a Union. But, his employer approached you with a complaint. What are the actions of the Union in such a situation? What this situation threatens trade Union member? And the employer?
I can Not imagine that the employer contacted the Union with a complaint. He may offer to meet and discuss the situation.

Events very much. It seminars and trainings, and protests, rallies, pickets, strikes. In principle, the cost is usually small.


Here I have finally been defined understanding the underlying problem, so I asked another clarifying question. do I understand correctly that the Union's main methods of influence on the employer, the judiciary and the strike, the latter is only possible if a lot of Union members? For example, for the employee's own small office remains only a judicial way. Right?
Yes, even some street protests, like pickets.
If the person is one enterprise, it is only through the courts, Prosecutor's office, other state agencies


the

Here such pies...


Information technology has penetrated everywhere. If to speak about Moscow, almost every office will be a few programmers or system administrators. A lot of us, we kept literally everything, but we are divided.

Native method strikes are simply inaccessible. In addition, most systems will work for some time without us. To disable the server — it will be sabotage.


It turns out that even call-center operators protected us. Try not to notice the strike of all of the large consultancy rooms. And it would be great, for example, require remote capabilities for each, with pay.


So, despite the warnings of Maxim, I prefer to think of the current unions as a service, as a law firm with collective funding. To help a single person she can. And seriously affect the labor market — alas, no.

What do you say, characene, we need a Union?

P. S. thank you again for the replies Maxim and Alexander (inout) for the idea. Special thanks to jabracada Semisonic and Tanifi for help in preparing questions.
P. S. S. the Website of the trade Union of workers of the IT industry is not yet ready, so those interested are invited to Facebook group.
Article based on information from habrahabr.ru

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