New edition of Art. 401 Labor Code of the Russian Federation

The procedure for resolving a collective labor dispute consists of the following stages: consideration of a collective labor dispute by a conciliation commission, consideration of a collective labor dispute with the participation of a mediator and (or) in labor arbitration.

Consideration of a collective labor dispute by a conciliation commission is a mandatory stage.

Each of the parties to a collective labor dispute, at any time after the start of this dispute, has the right to apply, including in the form of an electronic document, to the relevant state body for the settlement of collective labor disputes for notification registration of the dispute.

None of the parties to a collective labor dispute has the right to evade participation in conciliation procedures.

Representatives of the parties, a conciliation commission, a mediator, labor arbitration, and a state body for the settlement of collective labor disputes are obliged to use all opportunities provided by law to resolve a collective labor dispute that has arisen.

Conciliation procedures are carried out within the time limits provided for by this Code.

If necessary, the deadlines provided for conciliation procedures may be extended with the consent of the parties to a collective labor dispute. The decision to extend the period is documented in a protocol.

Workers have the right, in accordance with the procedure established by federal law, to hold meetings, rallies, demonstrations, and picketing in support of their demands during the period of consideration and resolution of a collective labor dispute, including the period of organizing and conducting a strike.

Commentary on Article 401 of the Labor Code of the Russian Federation

Participants in collective labor disputes - both representatives of the parties, and the conciliation commission, and the mediator, and labor arbitration - they are all called upon to use all the possibilities provided by law to resolve disagreements that have arisen “peacefully”.

For these purposes, the Code has divided the consideration of a labor dispute into several stages. First, a conciliation commission should try to resolve it. After this, the parties to the dispute can invite a mediator. In addition, the parties to the dispute can create a temporary body - labor arbitration. Please note that in organizations in which the law prohibits or restricts the conduct of strikes, its creation is not a right, but an obligation of the disputing parties.

The Code indicates that consideration of a collective labor dispute by a conciliation commission is a mandatory stage. This is the case when pre-trial settlement of the dispute cannot be avoided, even if the conflicting parties are not inclined to such a solution.

If the conciliation commission was unable to resolve the dispute, then after the conciliation commission has drawn up a protocol of disagreements, the parties to the collective labor dispute may invite a mediator within three working days. A collective labor dispute must be considered by a conciliation commission within five working days from the date of issuance of the order (instruction) on its creation. In every possible way, striving for pre-trial consideration of disputes, the legislator allows, if necessary and by agreement of the parties, the extension of the established deadlines for conciliation procedures.

All these stages are pre-trial, including labor arbitration, since it does not represent a judicial authority in the full sense of the word.

Another comment on Art. 401 Labor Code of the Russian Federation

1. The Labor Code maximally orients the parties to a collective labor dispute towards its resolution within the framework of conciliation procedures, rightly considering a strike as a last resort for resolving a dispute. In Art. 401 of the Labor Code of the Russian Federation lists all stages and options for conciliation procedures: conciliation commission, mediator and (or) labor arbitration. Specific procedures for each stage are enshrined in the relevant articles of the Labor Code of the Russian Federation.

2. Consideration of a collective labor dispute by a conciliation commission is a mandatory stage. Only if no agreement is reached in the conciliation commission, the parties to a collective labor dispute can move on to other stages and use appropriate mechanisms - invite a mediator or submit the dispute to labor arbitration.

3. Consideration of a collective labor dispute in a conciliation commission is a chance for the parties to labor relations to resolve the dispute independently. If the attempt fails, the parties move on to the next stages of the dispute. In this case, the parties have the right to choose any of the options, i.e. consider the dispute using the services of a mediator, or transfer it to labor arbitration, and also go through all these stages sequentially.

Consequently, three scenarios for the development of a collective labor dispute are possible:

conciliation commission - mediation;

conciliation commission - labor arbitration;

conciliation commission - mediation - labor arbitration.

In this case, the conciliation commission is a mandatory stage.

4. The conciliation commission created to consider a collective labor dispute differs from the body that is created to conduct collective negotiations (see Article 37 of the Labor Code of the Russian Federation and the commentary thereto).

The parties retain the right to carry out notification registration of the dispute with Rostrud at any stage.

5. The parties do not have the right to evade participation in conciliation procedures. For the employer, this means the possibility of administrative liability, and for workers and their representatives - the recognition of the strike as invalid (if it comes to that).

All participants in conciliation procedures, as well as Rostrud, must make maximum use of all opportunities to resolve a collective labor dispute, while observing the deadlines established in the Labor Code of the Russian Federation, although under certain conditions the latter can be extended by agreement of the parties.

6. Evasion of an employer or his representative from participation in conciliation procedures, including failure to provide premises for holding a meeting (conference) of employees in order to put forward demands or creating obstacles to holding such a meeting (such a conference) shall entail the imposition of an administrative fine in the amount of 10 to 30 minimum wages. wage rates (Article 5.32 of the Administrative Code).

7. The powers of other representative bodies of workers (except trade unions) must be documented in appropriate documents (for example, an extract from the minutes of the general meeting (conference)).

8. Previously, the Labor Code of the Russian Federation did not provide for the possibility of using such forms of support for their demands from workers, such as holding meetings, rallies, demonstrations, picketing, when resolving a collective labor dispute.

Now, the addition to the commented article provides workers with the opportunity to use such forms of influence on the other party, and the use of these forms of support for demands is allowed during the period of consideration and resolution of a collective labor dispute, including the period of organizing and conducting a strike.

Of course, such events must be carried out in compliance with the rules established by law, as well as in compliance, for example, with internal labor regulations (i.e. outside working hours).

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The procedure for resolving a collective labor dispute consists of the following stages: consideration of a collective labor dispute by a conciliation commission, consideration of a collective labor dispute with the participation of a mediator and (or) in labor arbitration.

Consideration of a collective labor dispute by a conciliation commission is a mandatory stage.

Each of the parties to a collective labor dispute, at any time after the start of this dispute, has the right to apply, including in the form of an electronic document, to the relevant state body for the settlement of collective labor disputes for notification registration of the dispute.

None of the parties to a collective labor dispute has the right to evade participation in conciliation procedures.

Representatives of the parties, a conciliation commission, a mediator, labor arbitration, and a state body for the settlement of collective labor disputes are obliged to use all opportunities provided by law to resolve a collective labor dispute that has arisen.

Conciliation procedures are carried out within the time limits provided for by this Code.

If necessary, the deadlines provided for conciliation procedures may be extended with the consent of the parties to a collective labor dispute. The decision to extend the period is documented in a protocol.

Workers have the right, in accordance with the procedure established by federal law, to hold meetings, rallies, demonstrations, and picketing in support of their demands during the period of consideration and resolution of a collective labor dispute, including the period of organizing and conducting a strike.

Comments to Art. 401 Labor Code of the Russian Federation

1. Conciliation procedures are the resolution of a collective labor dispute through the achievement of an agreed solution by voluntary conciliation bodies. ILO Recommendation No. 92 “On Voluntary Conciliation and Arbitration” (1951) defines the principles for the creation and functioning of such bodies. Thus, conciliation commissions should include an equal number of representatives from employers and employees; During the resolution of the dispute, the ILO recommends that strikes be refrained from taking place.

Agreements reached during conciliation negotiations are in writing and have equal legal force, for example, with a collective agreement and other labor agreements.

The court does not consider such disputes.

2. Conciliation bodies are created to help prevent and resolve conflicts between employees and employers and prevent strikes. During this period, rallies and strikes cannot be held.

If an employer or his representative evades participation in conciliation procedures, as well as fails to provide premises for a meeting (conference) of employees in order to put forward demands or create obstacles to such a meeting (conference), an administrative fine may be imposed on him.

The powers of representative bodies of workers (except for trade unions) are formalized by extracts from the minutes of the general meeting (conference).

Full text of Art. 401 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 401 of the Labor Code of the Russian Federation.

The procedure for resolving a collective labor dispute consists of the following stages: consideration of a collective labor dispute by a conciliation commission, consideration of a collective labor dispute with the participation of a mediator and (or) in labor arbitration.

Consideration of a collective labor dispute by a conciliation commission is a mandatory stage.
Each of the parties to a collective labor dispute, at any time after the start of this dispute, has the right to apply, including in the form of an electronic document, to the relevant state body for the settlement of collective labor disputes for notification registration of the dispute.

None of the parties to a collective labor dispute has the right to evade participation in conciliation procedures.
Representatives of the parties, a conciliation commission, a mediator, labor arbitration, and a state body for the settlement of collective labor disputes are obliged to use all opportunities provided by law to resolve a collective labor dispute that has arisen.

Conciliation procedures are carried out within the time limits provided for by this Code.

If necessary, the deadlines provided for conciliation procedures may be extended with the consent of the parties to a collective labor dispute. The decision to extend the period is documented in a protocol.

Workers have the right, in accordance with the procedure established by federal law, to hold meetings, rallies, demonstrations, and picketing in support of their demands during the period of consideration and resolution of a collective labor dispute, including the period of organizing and conducting a strike.

Commentary on Article 401 of the Labor Code of the Russian Federation

1. The concept of “conciliation procedures” was given by the legislator in Art. 398 Labor Code of the Russian Federation. The commented article regulates the procedure for conducting conciliation procedures by the parties to a collective labor dispute, establishing the order of application of conciliation procedures.

The Labor Code of the Russian Federation establishes three stages for resolving a collective labor dispute using conciliation procedures: consideration of a collective labor dispute by a conciliation commission, with the participation of a mediator and (or) in labor arbitration.

It is obligatory for the parties to a collective labor dispute to consider the collective labor dispute by a conciliation commission. Without consideration of a collective labor dispute by a conciliation commission, it is impossible to consider it with the participation of a mediator, as well as consideration in labor arbitration.

The procedure for creating a conciliation commission, as well as the procedure and timing for consideration of a collective labor dispute by the commission are regulated by Art. 402 Labor Code of the Russian Federation.

The procedure for considering a collective labor dispute with the participation of a mediator or in labor arbitration is established in Art. Art. 403-404 Labor Code of the Russian Federation.

2. In accordance with the provisions of the commented article, each of the parties to a collective labor dispute at any stage of consideration of this dispute after the start of its consideration has the right to apply to the state body for the settlement of collective labor disputes for notification registration.

In the system of federal executive bodies, the functions of resolving collective labor disputes have been transferred to the Federal Service for Labor and Employment (Rostrud). Previously, the implementation of these functions was entrusted to the now abolished Ministry of Labor and Social Development of the Russian Federation.

The legislator emphasized the notification nature of registration of a collective labor dispute by state bodies. The registration of a collective labor dispute in itself does not give rise to any legal consequences for its parties and does not have any impact on the procedure and timing of consideration of a collective labor dispute. The right to apply to a state body to register a collective labor dispute allows the parties to subsequently, if necessary, receive consulting services and methodological assistance, as well as seek clarification of the current legislation regulating the procedure for resolving a dispute.

3. The provisions of the commented article contain a ban on evading participation in conciliation procedures. Avoidance of participation in conciliation procedures entails the consequences provided for in Art. 406 of the Labor Code of the Russian Federation, as well as disciplinary liability in accordance with the provisions of Art. 416 of the Labor Code of the Russian Federation and the imposition of an administrative fine established by Art. 5.32 Code of Administrative Offenses of the Russian Federation.

The commented article imposes on all participants in a collective labor dispute the obligation to use all opportunities provided to resolve differences that have arisen by reaching a compromise. The establishment of this obligation is aimed, first of all, at resolving the dispute at the stage of conciliation procedures.

The Labor Code of the Russian Federation provides for different time frames for conciliation procedures, depending on the stage of the conciliation procedure, as well as on the level of social partnership at which the collective labor dispute arose. Collective labor disputes at the local level of social partnership are considered by the conciliation commission within 3 working days; at a level higher than the level of the organization, the consideration of the dispute by the conciliation commission is 5 working days. Similar deadlines are provided for consideration of a collective labor dispute with the participation of a mediator.

The deadlines established by the legislator for conciliation procedures at each stage may be extended. The decision to extend must be documented in an appropriate protocol reflecting the consent of both parties to the collective labor dispute.

“This norm reflects the flexibility of social partnership and the essential role of contractual regulation of relations between social partners.”

________________
Scientific and practical commentary to the Labor Code of the Russian Federation (item-by-item) / O.N. Volkova, V.L. Geikhman, I.K. Dmitrieva and others; Ed. V.L. Geykhman. M.: Yurayt, 2012.

4. The commented article gives workers the right, in support of their demands, to carry out, during the consideration of a collective labor dispute, the events provided for by Federal Law of June 19, 2004 N 54-FZ “On meetings, rallies, demonstrations, processions and picketing”. This right specifies the right of citizens enshrined in Art. 31 of the Constitution of the Russian Federation.

It should be noted that the Labor Code of the Russian Federation directly provides for only two cases when employees, when considering and resolving a collective labor dispute, have the right to be released from work or refuse to perform labor duties. In the first case - when participating in conciliation procedures, in the second - when participating in a strike.

Thus, we can conclude that the implementation of the right granted by the commented article must occur not only in accordance with Federal Law of June 19, 2004 N 54-FZ, but also with mandatory compliance with the requirements of internal labor regulations, i.e. after hours.

Consultations and comments from lawyers on Article 401 of the Labor Code of the Russian Federation

If you still have questions regarding Article 401 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

1. The definition of the concept of “conciliation procedures” is given in Art. 398 TK. The article under comment essentially establishes the stages of resolving a collective labor dispute and the order in which conciliation procedures are used. There are three stages, two of which are mandatory: conciliation commission, mediation (dispute consideration with the participation of a mediator), labor arbitration.

2. The use of conciliation procedures to resolve collective labor disputes has received almost worldwide recognition. The names of the stages may be different, but their essence always comes down to three main forms:

• resolution of the dispute by the parties themselves without the participation of outsiders (negotiations, reconciliation, etc.). In Russia, this is the creation of a conciliation commission and an attempt by the parties to resolve the dispute independently;
• reconciliation with the participation of a mediator;
• labor arbitration.

These forms are combined in different ways. In some states, the parties are forced to immediately turn to a mediator, in others they are required to conduct preliminary negotiations on reconciliation without the participation of mediators and arbitrators.

3. A feature of the Russian system of conciliation procedures is the use of all three forms, and at each stage the parties have a choice. Only the creation of a conciliation commission and the consideration of a collective labor dispute by this body are mandatory.

After the completion of the work of the conciliation commission, if the parties to the dispute have not reached an agreed solution, they can invite a mediator or begin to create labor arbitration.

If the parties chose mediation, but it did not bring the desired results, the parties again have a choice - to create labor arbitration or proceed with a strike.

4. The conciliatory procedure for resolving a collective labor dispute established by law complies with international labor acts. Thus, the ILO Recommendation “On Voluntary Conciliation and Arbitration” (1951) prescribes the creation of voluntary conciliation bodies to resolve labor conflicts between entrepreneurs and workers, thereby directing both parties to labor relations and member states of the organization to use conciliation procedures.

In accordance with the ILO Recommendation, voluntary conciliation bodies created on a mixed basis should include an equal number of representatives from entrepreneurs and workers. This provision was fully taken into account when determining the principles and procedure for forming a conciliation commission (see commentary to Article 402).

The ILO recommendation advises to refrain from strikes and lockouts during the entire period of reconciliation negotiations, which is also reflected in the Labor Code: workers can exercise the right to strike only after the completion of conciliation procedures.

5. Dispute consideration begins in the conciliation commission. This is a mandatory conciliation procedure, which the parties must use in any case (for the creation and work of the conciliation commission, see the commentary to Article 402).

If agreement is not reached in the commission, the parties move on to the next conciliation procedure (see commentary to Article 402). They have the right to choose and may prefer mediation or labor arbitration.

In the case where the parties have chosen mediation, after this procedure they have the right to create labor arbitration.

Thus, there are three possible schemes for using conciliation procedures: 1) conciliation commission - mediation; 2) conciliation commission - labor arbitration; 3) conciliation commission - mediation - labor arbitration.

It is necessary to emphasize once again that the resolution of any collective labor dispute necessarily goes through two stages, the first of which is a conciliation commission.

6. Both employees and employers have the right at any time to contact the state body for the settlement of collective labor disputes for notification registration of the dispute. This right can be used, in particular, when one of the parties to a collective labor dispute requires the services of a government body, i.e. methodological assistance, clarification of current legislation, or has doubts about the authority of representatives of the other party.

7. Parties to a collective labor dispute cannot avoid participating in conciliation procedures. This rule corresponds to generally accepted ideas about the need to take a responsible approach to voluntary reconciliation.

Representatives of the employer who evade participation in conciliation procedures bear disciplinary or administrative liability (Article 416 of the Labor Code).

There is no legal liability for employee representatives for evading participation in conciliation procedures. This was not done by accident. It is assumed that workers are the initiators of a collective labor dispute and it is not in their interests to shy away from creating conciliation bodies and resolving the dispute. In addition, the reluctance of employee representatives to participate in the resolution of the dispute may be considered as a waiver of their claims.

8. The parties to the dispute, conciliation bodies and the Federal Service for Labor and Employment (Rostrud) must strive to achieve a mutually acceptable compromise. The Labor Code provides ample opportunities for resolving collective labor disputes. First of all, this is the consolidation of the democratic principles of the formation and activities of conciliation bodies (see commentary to Articles 402 - 404). Special guarantees are also established to provide workers with a real opportunity to participate in the resolution of a collective labor dispute (see commentary to Article 405).

To provide assistance to the parties, a special state body has been created that facilitates the organization of conciliation procedures, without at the same time making imperative decisions and without imposing its will on the parties (see commentary to Article 407).

Conciliation bodies are empowered to make an informed decision. In particular, the mediator has the right to request and receive from the employer the necessary documents and information relating to this collective labor dispute (see commentary to Article 403); labor arbitration also receives the necessary documents and information (see commentary to Article 404). All opportunities provided by law must be used to resolve the dispute.

9. The timing of conciliation procedures is established by Art. Art. 402 - 404 TK. The conciliation commission considers the dispute within 5 working days from the moment of its creation; consideration of a collective labor dispute with the participation of a mediator is carried out within up to 7 working days; labor arbitration operates within 5 working days (see comments to these articles).

If it is necessary to obtain additional information, longer discussion of controversial issues, involvement of specialists, etc. The parties, by mutual agreement, may extend the time frame for resolving a collective labor dispute.

This right is widely used in practice.

10. The Labor Code provides for the possibility of holding meetings, demonstrations and picketing.

This norm specifies the constitutional right of citizens of the Russian Federation to assemble peacefully, without weapons, to hold meetings, rallies, demonstrations, processions and picketing in relation to collective labor relations (Article 31 of the Constitution of the Russian Federation).

In defending their interests in resolving a collective labor dispute, workers have the right to resort to organizing all collective actions specified by the Constitution of the Russian Federation. The list does not include only processions, since this form of expressing collective opinion is associated with the movement of citizens along a predetermined route and is more suitable for influencing public authorities rather than the employer.

11. Public events are organized in accordance with the Federal Law of June 19, 2004 N 54-FZ “On meetings, rallies, demonstrations, processions and picketing” (SZ RF. 2004. N 25. Art. 2485). The procedure for holding public events includes:

• filing a notification about a public event with the executive authority of a constituent entity of the Russian Federation or a local government body;
• informing the executive body of a constituent entity of the Russian Federation or a local government body in writing about the acceptance (non-acceptance) of its proposal to change the place and (or) time of a public event specified in the notice of a public event;
• suspension or termination of a public event if its participants commit illegal actions (Article 5 of the Law).

During the period of a public event of any kind, public order and regulations for its conduct must be observed, the safety of citizens, the safety of green spaces, premises, buildings, structures, structures, equipment, furniture, inventory and other property at the location of the public event must be ensured (Article 5 of the Law ).

In the event of a violation of law and order during a public event through the fault of its participants, it may be suspended or terminated (Articles 15, 16 of the Law).

12. Law No. 54-FZ of June 19, 2004 provides for a general procedure, without taking into account the specifics of public events held in connection with the resolution of a collective labor dispute. Thus, the Code does not stipulate how often public events can be held during the resolution of one collective labor dispute, whether employees have the right to organize them during working hours, whether the forms of collective actions are related to the type of dispute, etc.

When resolving these issues, it is necessary, in our opinion, to proceed from the following. Since the legislator does not establish clear regulations, employees have the right to independently choose the forms of exercising their right to hold meetings. In this case, it is only necessary to comply with the general rules outlined above.

The issue of using working time for meetings, rallies, demonstrations and picketing deserves special attention. The law does not provide for the right to organize such events during working hours, therefore all of them must be carried out in compliance with internal labor regulations, i.e. before or after employees perform their work duties. The Code directly establishes cases when employees may be released from work in connection with the consideration of a collective labor dispute or have the right to refuse to perform labor duties. This is participation in conciliation procedures (see commentary to Article 405) and a strike (see commentary to Article 414).

A collective agreement or agreement may provide for the right of employees (trade union organizations) to hold meetings during working hours.

13. Violation of the legislation on meetings, rallies, demonstrations, processions and pickets entails administrative liability. According to Art. 5.38 of the Code of Administrative Offenses, obstruction of the organization or conduct of a meeting, rally, demonstration, procession or picketing held in accordance with the legislation of the Russian Federation, or participation in them, as well as coercion to participate in them, entails a warning or the imposition of an administrative fine on citizens in the amount of 100 rubles; for officials - from 100 to 300 rubles.

Labor Code, N 197-FZ | Art. 401 Labor Code of the Russian Federation

Article 401 of the Labor Code of the Russian Federation. Conciliation procedures (current version)

The procedure for resolving a collective labor dispute consists of the following stages: consideration of a collective labor dispute by a conciliation commission, consideration of a collective labor dispute with the participation of a mediator and (or) in labor arbitration.

Consideration of a collective labor dispute by a conciliation commission is a mandatory stage.

Each of the parties to a collective labor dispute, at any time after the start of this dispute, has the right to apply, including in the form of an electronic document, to the relevant state body for the settlement of collective labor disputes for notification registration of the dispute.

None of the parties to a collective labor dispute has the right to evade participation in conciliation procedures.

Representatives of the parties, a conciliation commission, a mediator, labor arbitration, and a state body for the settlement of collective labor disputes are obliged to use all opportunities provided by law to resolve a collective labor dispute that has arisen.

Conciliation procedures are carried out within the time limits provided for by this Code.

If necessary, the deadlines provided for conciliation procedures may be extended with the consent of the parties to a collective labor dispute. The decision to extend the period is documented in a protocol.

Workers have the right, in accordance with the procedure established by federal law, to hold meetings, rallies, demonstrations, and picketing in support of their demands during the period of consideration and resolution of a collective labor dispute, including the period of organizing and conducting a strike.

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Commentary to Art. 401 Labor Code of the Russian Federation

1. The definition of the concept of “conciliation procedures” is given in Art. 398 TK. The article under comment essentially establishes the stages of resolving a collective labor dispute and the order in which conciliation procedures are used. There are three stages: conciliation commission, mediation (dispute consideration with the participation of a mediator) and labor arbitration.

2. The use of conciliation procedures to resolve collective labor disputes has received almost worldwide recognition. The names of the stages may be different, but their essence always comes down to three main forms:

1) resolution of the dispute by the parties themselves without the participation of outsiders (negotiations, reconciliation, etc.). In Russia, this is the creation of a conciliation commission and an attempt by the parties to resolve the dispute independently;

2) reconciliation with the participation of a mediator;

3) labor arbitration.

These forms are combined in different ways. In some states, the parties are forced to immediately turn to a mediator, in others they are required to conduct preliminary negotiations on reconciliation without the participation of mediators and arbitrators.

3. A feature of the Russian system of conciliation procedures is the use of all three forms, and at each stage the parties have a choice. Only the creation of a conciliation commission and the consideration of a collective labor dispute by this body are mandatory.

After the completion of the work of the conciliation commission, if the parties to the dispute have not reached an agreed solution, they can invite a mediator or begin to create labor arbitration.

If the parties choose mediation, but it does not bring the desired results, the parties again have a choice: create labor arbitration or proceed with a strike.

4. The conciliatory procedure for resolving a collective labor dispute established by law complies with international labor acts. Thus, the ILO Recommendation “On Voluntary Conciliation and Arbitration” (1951) prescribes the creation of voluntary conciliation bodies to resolve labor conflicts between entrepreneurs and workers, thereby directing both the parties to labor relations and member states of the Organization to use conciliation procedures.

In accordance with the ILO Recommendation, voluntary conciliation bodies created on a mixed basis should include an equal number of representatives from entrepreneurs and workers. This provision was fully taken into account when determining the principles and procedure for forming a conciliation commission (see commentary to Article 402).

The ILO recommendation advises to refrain from strikes and lockouts during the entire period of reconciliation negotiations, which is also reflected in the Labor Code: workers can exercise the right to strike only after the completion of conciliation procedures.

5. Dispute consideration begins in the conciliation commission. This is a mandatory conciliation procedure, which the parties must use in any case (for the creation and work of the conciliation commission, see the commentary to Article 402).

If agreement is not reached in the commission, the parties move on to the next conciliation procedure (see commentary to Article 402).

6. Both employees and employers have the right at any time to contact the relevant state body for the settlement of collective labor disputes for notification registration of the dispute. The appeal can be made both in writing and in the form of an electronic document.

This right can be used, in particular, when one of the parties to a collective labor dispute requires the services of a government body, i.e. methodological assistance, clarification of current legislation, or has doubts about the authority of representatives of the other party.

7. Parties to a collective labor dispute cannot avoid participating in conciliation procedures. This rule corresponds to generally accepted ideas about the need to take a responsible approach to voluntary reconciliation.

Representatives of the employer who evade participation in conciliation procedures bear disciplinary or administrative liability (Article 416 of the Labor Code).

There is no legal liability for employee representatives for evading participation in conciliation procedures. This was not done by accident. It is assumed that workers are the initiators of a collective labor dispute and it is not in their interests to shy away from creating conciliation bodies and resolving the dispute. In addition, the reluctance of employee representatives to participate in the resolution of the dispute may be considered as a waiver of their claims.

8. The parties to the dispute, conciliation bodies and the Federal Service for Labor and Employment (Rostrud) must strive to achieve a mutually acceptable compromise. The Labor Code provides ample opportunities for resolving collective labor disputes. First of all, this is the consolidation of the democratic principles of the formation and activities of conciliation bodies (see commentary to Articles 402 - 404). Special guarantees are also established to provide workers with a real opportunity to participate in the resolution of a collective labor dispute (see commentary to Article 405).

To provide assistance to the parties, a special state body has been created that facilitates the organization of conciliation procedures, without at the same time making imperative decisions and without imposing its will on the parties (see commentary to Article 407).

Conciliation bodies are empowered to make an informed decision. In particular, the mediator has the right to request and receive from the employer the necessary documents and information relating to this collective labor dispute (see commentary to Article 403); labor arbitration also receives the necessary documents and information (see commentary to Article 404). All opportunities provided by law must be used to resolve the dispute.

Judicial practice under Article 401 of the Labor Code of the Russian Federation:

• Decision of the Supreme Court: Determination No. 4-APG16-3, Judicial Collegium for Civil Cases, appeal

  Based on Article 401 of the Labor Code of the Russian Federation, the procedure for resolving a collective labor dispute consists of the following stages: consideration of a collective labor dispute by a conciliation commission, consideration of a collective labor dispute with the participation of a mediator and (or) in labor arbitration...

• Decision of the Supreme Court: Determination No. 3-APG15-2, Judicial Collegium for Civil Cases, appeal

  The court has established and the case materials confirm that, in violation of the requirements of Articles 401 and 409 of the Labor Code of the Russian Federation, before declaring a strike, conciliation procedures were not carried out between the parties to a collective labor dispute, and the procedure for making a decision on declaring a strike, as established by Article 410 of the Labor Code of the Russian Federation, was not carried out. ...

• Decision of the Supreme Court: Determination N 33-APG16-5, Judicial Collegium for Civil Cases, appeal

  A strike is a temporary voluntary refusal of workers to perform labor duties (in whole or in part) in order to resolve a collective labor dispute (Part 4 of Article 398 of the Labor Code of the Russian Federation). According to Part 1 of Article 401 of the Labor Code of the Russian Federation, the procedure for resolving a collective labor dispute consists of the following stages: consideration of a collective labor dispute by a conciliation commission, consideration of a collective labor dispute with the participation of a mediator and (or) in labor arbitration...