2016 26/04


Leaflets with such a title were distributed on Saturday in Połacak near the entrance of the enterprise “Škłovałakno” by the activists of Belarusian Free Trade Union.

The administration of “Škłovałakno” (“Fiberglass”) tries to dismiss the Deputy Chairman of Belarusian Free Trade Union (BFTU) Mikałaj Šarach, ignoring the fact that he is one of the most qualified employees and that he has had no disciplinary penalty for the last year.

“Under the law, the general agreement, the collective agreement, the employer is obliged to renew the contract with a person who has less than three years to work before the retirement. In order not to continue a contract with me, changes have been introduced in the collective agreement on March 1, where the matter of disciplinary penalties has been extended to five years”,

Mikałaj Šarach told TV channel “Belsat.

At the same time, according to the law, disciplinary penalty question is only valid for a year, and if there are no new ones, it is considered that the employee has no penalties at all. BFTU activists note that they have been feeling pressure upon them for the whole ten years of existence of the organization at the enterprise. Three years ago the former chairman Viktar Stukaŭ was fired by a similar manner.

“Now it is not called not a “dismissal”, but simply “not signing the contract”. It’s what they boast about, saying that they didn’t fire anyone – just the contract was closed!”

- Viktar Stukaŭ told the reporters.

By the way, the entire edition of the leaflet staff of “Škłovałakno” picked immediately. It is not surprising: all work by the contract, and tomorrow anyone can get under the not signing the contract.

“The dismissal of one of the leaders is not a particular solution of administration of the company. This is a general total effort to prevent the development of civil society in Belarus. In this country authorities are trying to make people an obedient herd“,

- considers the trade union activist Jury Ščarbakoŭ.

However, it is too early to talk about the last point in the case of Mikałaj Šarach: the CEO of the company still has not spoken on the activist’s future. BFTU sent the director general a relevant letter. The last working day of Mikałaj Šarach will be on April 29. The day before, in the center of Połacak BFTU activists are planning to hold another rally to inform the citizens of the town about the iniquities of the enterprise.

Trade union activists are preparing to organize a picketing and already have launched a campaign of protest letters (see a sample letter in the attachment) with the demand to renew the contract with Mikałaj Šarach, and such letters are being sent to the company’s administration.

  • The picketing will take place in any case, on April 28 from 10.00 to 12.30 on the court at the cinema “Radzima”. And еру appeal to the local authorities is not a request for permission to conduct the action but a notice that it will take place. After all, in accordance with Article 3 of the Convention of the International Labour Organisation №87 on the Freedom of Association and Protection of the Right to organize trade unions public. It also says that the authorities have no right to interfere with trade union activities in any form, including during demonstrations. Organizers are actually responsible for maintaining law and order and cleanliness in the territory of the action, as well as for the health care of the participants.

ATTACHMENTS:

  • The approximate text of a letter of protest, see below (Rus.)

You can send your e-mail to JSC “Połacak-Škłovałakno” (JSC “Polotsk – Fiberglass») info@polotsk-psv.by; or through an online form – http://www.polotsk-psv.by/references/electronobr/ or print and send it by fax to + 375-214431707 (80214431707)

To general director of
JSC “Połacak-Škłovałakno”
Bunakoŭ A.N.

Protest letter

Škłovałakno, Połock , Połacak Škłovałakno  Mikałaj Šarach

I express my protest in connection with the actions of your employees in relation to the working members of the Free Trade Union of Belarus.

Deputy Director General for personnel, ideological work and social affairs A. Kuźmin, and Head of structural unit Section №7 A. Sapieha in violation of the legislation decided not to prolong employment contract for a new term with the employee of JSC “Połacak Škłovałakno” N.A.Šarach. In this case they have violated the order of conclusion of the contract, the general agreement and the Labor Code.

Šarach Nikołaj  Arkadjevič, has been working in the company for 31 years in the Section 7 as an assistant craftsman. Graduated from NPI as a mechanical engineer, machinery and equipment of chemical plants, graduated from BSU as a lawyer, international law. He is Deputy Chairman of the Belarusian Free Trade Union (BFTU), Chairman of the  Połock regional BFTU organization, a member of the Council on improving the legislation in the social and labor sphere of Labor Ministry of Belarus.

It is obvious that not signing the contract is a persecution of the worker for his union activity. Actions of officials of Polotsk-Steklovolokno A. Sapieha and A. Kuźmin, caused reputational damage to Polotsk-Steklovolokno. And in the future such action may cause economic damage to the employees of Połock-Škłovołokno Polotsk-Steklovolokno.

In this regard, we declare a strong protest about the facts of pressure on the members of the Belarusian Free Trade Union at your enterprise and demand that they are not repeated in the future, and representatives of the administration violating the rights for workers are brought to justice in accordance with the law.

In connection with the above, I demand the immediate restoration of the rule of law. I suggest you to sign a new employment contract for a new term with the employee of Polotsk-Steklovolokno N.A. Šarach in accordance with his application and legislation of Belarus.

 

 

Quoting mailout of ILIA and Charter97.org
Prepared by Aleś LETA,
Belarusian Legal Portal
www.prava-by.info

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