The right to strike in post-soviet countries: reflections on the impact of international labour law

• Published in: Transition studies review Vol. 27; no. 2; p. 25
• Main Authors: Sychenko, Elena, Volk, Elena
• Format: Journal Article
• Language: English
• Published: Milan Transition Academia Press 22.05.2020
• Subjects: Courts; Human rights; International law; International organizations; International standards; Labor law; Legislation; Postcommunist societies; Strikes; Belarus; Russia
• ISSN: 1614-4015; 1614-4015
• DOI: 10.14665/1614-4007-27-2-003

The article is devoted to the problems of realization of the right to strike in Belarus and Russia. The article considers the conception of strike in Russia and Belarus. The strike procedure is analyzed in detail. The authors have revealed a number of problems in the organization of the strike: in holding the strike in a structural division of the organization, in making a decision on holding the strike, in notifying the employer of the planned strike, in suspending the strike, etc. It is rather difficult for employees to exercise the right to strike and after the collapse of the USSR, there has been no legitimate strikes in the independent Republic of Belarus. The article provides statistical data. The article analyses the compliance of the national legislation of Belarus and Russia with international standards. The authors estimate the influence of international organizations on the change of labour legislation in Russia and Belarus. The judicial practice on cases of recognition of strikes as illegal is considered. The practice of the European Court of Human Rights is analysed. The authors consider if the right to strike can indeed be protected in Russia and Belarus through bringing claims to international human rights bodies and through the help of ILO.