the state Duma passed and sent to the Federation Council law, which gives the government emergency right until the end of 2020 to regulate the relations between workers and employers, without changes to the Labour code. But the answer to the question “What now?” as there was no and no.
“MK” wrote about how the “anti-crisis” bill, submitted to the Duma on 7 may, among the many special orders and emergency powers to the surprise of many revealed: the government, it appears, wants in 2020, the year itself “to establish the peculiarities of legal regulation of labour relations and other directly related relations” – “taking into account opinion of the Russian trilateral Commission for regulating social-labour relations”. We will remind: the Russian tripartite Commission comprises representatives of the government, major trade unions like the Confederation of labour and the Federation, and employers ‘ associations like the Union. No change to the Labour code, which describes the complex relationship of employees and their employers, may not be made without prior approval of the RTC, that is, without the consensus of the three parties of social partnership.
“the opinions” (listened, took note, made in his own way) – not the same as approval, agree. And for the “other directly connected” with the labor relations are hidden and the insurance against accidents on production, and measures to combat unemployment. So the government wants, without making changes in the laws and without the participation of the Parliament itself to regulate all these is very sensitive for the citizens and businesses during the severe crisis measures.
And in the extensive explanatory note to the bill revolutionary idea was not mentioned at all, and to understand why all this was impossible. In any public statement of the leadership of the Ministry of labour or government on the direction in which beats the bureaucratic idea is not explicitly stated. Representatives of major trade unions is also claimed to know nothing.
the hope was for consideration of the bill in the state Duma. What’s that?
First reading, may 12, 2020… government spokesman, Deputy head of the Ministry Alexey khersontsev answers the question “why?”: this “need for a range of licensing regimes under the Labour code, to make it easier this year for these licensing regimes”.
But in the Labour code there are no “licensing modes” we could not be managed, and that meant the officer is unknown. And his subsequent words suggest the unpleasant idea that he is not aware of (quoting from the transcript, posted on the website of the Duma): “there is coordination with RTK”, I sayRIT it. But there was no “agreement” in the bill there: “there” just the same “viewpoints”.
Second, decisive reading of the bill. May 21, 2020.
Oleg Shein (“CP”) offers to remove the paragraph about the employment relationship – otherwise, he says, “peculiarities of labor relations will be determined not by laws, whether good or bad Parliament, and government clerks, who, unlike MPs, it is absolutely nothing with people are not found”. And labor relations, reminiscent of spywares, is the size working time and overtime, and the order of dismissal, and so much more. But the Duma majority against. The head of the profile Committee on budget and taxes Andrey Makarov (“ER”) explains why: “this refers to the period until the end of this year, when the situation requires urgent action — a translation of the remote work, a flexible schedule.” According to him, those who participated in the work of the tripartite Commission, you know, “what battle there”, and no desired speed, if you enter the agreement with the RTC, can not be.
the head of the Duma Committee for labor and social policy Yaroslav Nilov (LDPR) offers all the same “agreement” to negotiate. Most against. Then g-n Nilov asks at least to prescribe in the Ordinance the adoption of a law for the government when making decisions in any case “did not infringe on the rights of workers”. So be it: in the resolution on the adoption of the law appeared the words about the fact that the state Duma “recommends” to the government, when handling, to ensure “the protection of fundamental labor rights and legitimate interests of workers”.
the Third and final reading. May 22, 2020.
Mr. Shein notes that resolution of the state Duma – just a suggestion to the government not to infringe on “basic rights of workers”, and the wording gives rise to questions like “what is basic rights, but that is not main? and if you don’t need to infringe on basic rights, it means that you do not infringe on the basic?”. The Deputy reported that on 29 may there will be a meeting of the tripartite Commission on which employers offer to consider the fact that “four times faster than lay off workers”.
But Andrei Isayev (United Russia) recalls: the Ministry of labor initially proposed not to include in the process of regulation of RTK. The unions opposed, and there was a clause about “the voice”. To introduce a mandatory-to-negotiate, explains g-n Isaev, you can’t – because “today the government and the President are forced to take measures that protect the rights of people, but may be economically disadvantageous to employers, the agreement also means that employers would have the right of veto on such decisions.”
Update: the law, which will soon be on the President’s Desk, not a single word about the fact that decisions taken will protect only the right of workers not��.
to Summarize.
We still don’t know that it will soon fall on our heads: all the words about remote and remote work, flexible schedules sounded only from the mouth of the deputies. But the political meaning is seen quite a clearly.
Unemployment for many has become a reality, and for many – real prospect. Wage cuts too. Business was tortured to consider losses. The Russians and depressed, and annoyed at the same time. An explosive mixture.
Who will be curse, if manual adjustment of labor relations will be clumsy and will cause outrage? Of course, the government! It did not finish, did not realize violated.
And the Parliament and the President, which also would share responsibility, if the decisions are processed will be nothing!
Great idea, do not say anything.
