IT union ?! Interview with a representative of "Novoprof" 'a

Recently, a series of posts have appeared on Habré that promote knowledge of their rights in the Labor Code in general and a trade union for IT sector workers in particular. Habravchanin inout was engaged in this difficult task.

It became interesting to me, I wrote to him and found out that in fact the case had not yet reached a separate trade union. In St. Petersburg, the primary cell was simply organized about the wing of the MP “New Trade Unions” (aka “Novoprof”).
Who has my then question “And in Moscow?”, I answer: in Moscow there is no similar cell yet.
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Curiosity took me further ... And now I present you an interview with a representative of Novoprof. If interested, welcome under cat. There were a lot of questions, to whom there will be a lot of letters - at the end my brief conclusion, and a small survey on the topic.

A bit of history

At the turn of the XIX-XX centuries, trade unions were a real force. It is thanks to those people who are ready to go to the end, thanks to their meetings and strikes, we have a Labor Code and an eight-hour working day. Later, the anarcho-syndicalist initiative was maximally emasculated, turning the union into an incomprehensible screw of a bureaucratic machine. Not surprising…

However, the idea wanders in the minds. In 2003, an attempt was already made to unite IT people into a trade union. It happened on the basis of a rather big community sysadmins.ru with the support of the very famous then Upgrade magazine. The idea failed miserably at the start. As I understand it, the organizers banally quarreled among themselves. And since then, such proposals respond with hysterical giggles. And similar offers on the above forum appear regularly.

Here and now

So. What happens ten years later? Maybe our area is finally "ripe"? What kind of Novoprof, what is all modern union?

Maxim Kulaev, an information worker of the inter-regional trade union “New Trade Unions” (Novoprof), took up the questions. The man is very open, contact and operational. From communicating with him, I had only positive impressions.

1. What is a union at all?

A wide question. There was a point of view that the trade union is a bureaucratic organization that distributes sweets for the New Year. Unfortunately, often it is. But now there are a number of free trade unions that aim to protect the rights and interests of workers. Actually, the trade union should be the organization of workers united to protect their rights, improve working and living conditions. We are repelled by this definition. It is very important to remember that a trade union is not a service, not a service, but an organization of the workers themselves, who are fighting together for their interests and the interests of their comrades, this is a collective united by a common goal.

2. How does a trade union relate to the existing legislation of the Russian Federation (by virtue of which laws can it exist, and by what laws is it given powers)?

There is Law No. 10 “On Trade Unions ...” and some provisions of the Labor Code that regulate the activities of trade unions, stipulate their rights and powers.

approx. the author
Federal Law No. 10 “On Trade Unions” - in the systems Garant , Consultant .
Similarly, the Labor Code of the Russian Federation - the Guarantor / Consultant .

3. What does the union give to its member?

The union gives its member protection against illegal actions on the part of the employer. A union member is much harder to fire. We have to comply with the norms of the Labor Code. In case of illegal dismissals, it is possible to reinstate its member at work. A strong union at the enterprise provides improved working conditions and higher wages.
For example, the union of the factory "Ford" has achieved annual wage growth, outpacing inflation. As a result, the salary of Ford workers is the highest in the industry. Car factories in St. Petersburg or, for example, in Kaluga, where there are trade unions, meet the necessary standards associated with working in the heat, when the working day should be reduced, with output and processing. At the ice cream factory in Omsk, the trade union achieved the transfer of workers from a recruitment agency directly to the staff of the enterprise. This led to an increase in their wages and the provision of all social guarantees, such as pension contributions, medical insurance, etc.
Often the union’s actions allowed for the return of unpaid wages, as in the case of our janitorial union. In housing and communal services there are many cases of fraud in which employers deceive workers and do not pay the promised money. The union is struggling with this quite successfully.

Speaking more abstractly, the employee and the employer are always opponents, they have conflicting interests. The employer always has a team, managers, lawyers to protect their interests. Therefore, workers also need to unite. After all, trade unions are an important example of self-organization in our society, which now lacks solidarity. Trade unions can really contribute to democratization and the development of human rights in Russia.

4. How is union management organized?

The highest governing body is the trade union congress. According to our charter, it passes at least once in 5 years (if necessary, more often). He determines the main areas of work and elects the Trade Union Council, which manages all Novoprof between congresses. The union consists of primary trade union organizations, which themselves have considerable autonomy. Each has a trade union committee elected by primary conferences. The trade union committee directs the primary organization tactically. Also, each primary takes its own position. For example, the primary IT workers must hold a conference at least once a year. In principle, in most trade unions the structure is as follows. It is even the requirements of the laws.

5. How many lawyers are on staff? Or are they attracted to specific tasks?

We have one lawyer in the state. There are also a number of legal organizations that can assist us in applying.

6. What is the "safety margin" of a trade union? How many conflicts can he deal with at the same time (for example, as a percentage of the number of members)?

It depends on the activity of the primary organizations. The trade union council and, moreover, the apparatus coordinates their activities, helps legally and informationally. In practice, it rarely happens that more than 1-2 conflicts happen at the same time.

7. How is the budget of the trade union formed, what are the items of expenditure in it, how is the available funding distributed among them and who makes the appropriate decision? What part of union finance goes to lawyers?

The union budget is formed by contributions. Expenditures are mainly office rent, printing of various campaign materials, wages for organizers and lawyers. Most goes to salaries. At the same time, half of the contributions remain directly in the primary organizations, which themselves decide how to spend them. The other half, which goes to the center, is spent by the trade union council on what I have already said.

8. How does a union build relationships with lawyers? Do union members have the opportunity to choose who will protect their interests? Can a member of the trade union, dissatisfied with the quality of legal protection provided to him, influence the trade union in order to end relations with the lawyer who has provided such a service?

We have one lawyer who provides assistance for free. If there is a possibility or necessity, a member of the trade union may contact anyone. But in Russia in general there are not so many lawyers who understand labor rights and are ready to act on the side of an employee.

9. How are decisions made about union development? Does the voice of the rank-and-file member of the trade union decide something in the organizational aspects?

Strategic issues are decided by congresses and conferences. Each member participates in primary conferences. In the congress - delegates from primary organizations elected by primary organizations themselves. Everyone has the opportunity to participate in the management. Everyone can be elected to the trade union. The number of the trade union committee is decided by each primary organization itself. That is, everyone has the opportunity to participate in the management, if the person is active enough. In addition, primary organizations regularly hold general meetings. It depends on the members themselves.

10. What requirements must be met to join a union?

The most important thing is that you need to be an employee, not an employer or a management representative.

( author's note - here I asked Maxim to clarify)

I can quote the Charter of the Confederation of Labor of Russia, in which our trade union also includes:
A trade union, which includes employers and their representatives (with the right of hiring and dismissal), as well as owners of enterprises, cannot be a member of the KTR.
That is, it is primarily about the right of hiring and dismissal. But in fact, trade unions must make decisions in each specific case, based on the structure of the enterprise, the powers of this or that person. Still, a person performing managerial functions would rather be to the employer. Based on experience, one can say that they themselves do not aspire to independent trade unions.

11. What is the procedure for joining an ordinary member?

You just need to write a statement and pay the fees.

12. What responsibilities does a trade union impose on its member?

Comply with the charter, do not harm the union, pay fees.

13. Is it possible to communicate with other union members? Are there any events for members?

Of course have. Once again, it is necessary to repeat that a trade union is not a service organization, not a law firm, but a collective. Naturally, team members must communicate with each other. Events each union member can initiate himself, if he wants. In addition, we regularly hold various seminars, trainings on legal and organizational issues.

14. Is there a possibility of "career growth" within the union? Can you become more than just an ordinary member, and how does this happen?

Any member can be elected to governing bodies. But in fact, the basis of the trade union is its rank and file members. We always strive for democracy and fight against bureaucracy.

15. How are membership fees determined?

Usually the monthly payment is 1% of the salary.

16. A person wants to leave the union, having been a member for some time. All this time he paid membership fees, and never used the help of the trade union — would he return membership fees to him at the exit?

Contributions are not refundable. And in this matter, too, it must be emphasized that we are not a service. The contributions form the general cashier of the union, which members themselves manage at their discretion. If your contributions did not help you, then surely they helped your comrades.

17. Is it possible to refuse union membership at any time? What does the exit procedure look like?

At any time you can write a statement of withdrawal from the union. There are no restrictions here.

18. Can a trade union exclude a member from its ranks for something? If so, what is the procedure for?

In each primary organization there is an auditing commission that monitors compliance with the charter by members of the trade union. If a person violates the charter, harms the trade union, does not pay fees for a long time, then the audit committee may raise a question of expulsion. The decision is made by the trade union committee. It can be appealed at the general meeting of the primary.

19. How is a member of the trade union protected from arbitrariness within the union? For example, a decision was made on a conflict situation that does not suit the employee, or the employee believes that the decision is wrong and made on the basis of a prejudiced attitude towards him - can he contact someone to reconsider the decision?

You can appeal to the general meeting, to the conference.

20. What are the guarantees that the trade union will stand up for its member in a conflict situation at work?

First of all, the charter of the trade union. But member support is the goal of the union. Without this union does not exist.

21. What are the options for influencing an employer?

The arsenal of lawful actions of the trade union is quite diverse. The most effective method is the strike. It needs a solid and numerous trade union in the enterprise. Often unions hold pickets in front of enterprises to create an informational occasion. Many employers care about their reputation, so public protests, media coverage can help in the fight. Sometimes they appeal to the authorities: to the prosecutor's office, to the State Labor Inspectorate, to the tax authority.

22. What can a trade union offer when leaving a job because of an employer? What kind of help can a union member expect at all? (For example, assistance in finding a job, mutual aid fund, etc.)

The union ensures that the dismissal is strictly in accordance with the Labor Code. Union members must notify two months in advance. This allows you to safely search for a new job. If the enterprise has a strong trade union, then with a legal dismissal, it is possible to reach an agreement of the parties and achieve payment of several salaries for yourself. In the case of the closure of an enterprise, for example, workers are usually simply dismissed without any compensation. If there is a union, then this can be avoided. For example, a year ago, Ferro-concrete products plant No. 25 was liquidated, where we had a trade union. We have ensured that the dismissal occurred in accordance with the provisions of the Labor Code and that workers receive compensation.

23. How is an employer protected from excessive (dishonest) trade union pressure?

In general, Russia has anti-labor, anti-union legislation, therefore the employer is protected even too well. The state is more often on the side of employers. No need to worry about employers.

24. What are the options for pressure on the union has the employer? Were there any precedents?

The employer almost always perceives an independent trade union as his enemy and tries to weaken it or even destroy it. He refuses to recognize the union, to negotiate with it. Often threatens activists with dismissal, various penalties. He can use corrupt courts. It happens even send bandits. 5 years ago, they attacked the then chairman of the trade union of the Ford plant, Alexei Etmanov. In Yakutia, the trade union leader Valentin Urusov was given drugs, he served 4.5 years.

25. The union has intervened in a conflict between the employee and the employer. When clarifying the situation, it became clear that the worker is to blame - a member of the trade union. How does this threaten him from the union?

If the employee is not right from a legal point of view, then the union will have little means to really protect its interests. But in any case, the team should not throw his friend.

26. Where does the employer learn about the union? Are campaigns targeted at employers?

If a trade union appears at the enterprise, then the trade union officially announces it.

27. From where can an ordinary person learn about the existing trade unions and how can he decide which trade union suits him?

Trade unions have an information policy. Trade union activists distribute propaganda materials at passage enterprises where there are no workers' organizations. Which union is suitable - it depends on the profession.

28. Should the employee, when applying for a job, inform the employer that he is a union member?

Should not, but can report.

29. Situation: the employee (member of the trade union) came into conflict with the employer, while the employee is to blame for the conflict itself. He (the worker) does not want to involve the union in this situation. But, his employer complained to you. What are union actions in this situation? What is the situation like for a union member? And the employer?

I can not imagine that the employer turned to the trade union with a complaint. He can offer to meet and discuss the situation.

30. What other activities are held, except for legal support of conflicts? How much does it cost the union?

There are a lot of events. These include workshops, trainings, protests, rallies, pickets, strikes. In principle, the cost of this is usually small.

Here, I finally formulated an understanding of the main problem, so I asked another clarifying question. I correctly understand that the trade union has the main ways of influencing the employer - the judicial and the strike, and the latter is possible only if there are many union members in the organization? For example, for a lone employee in a small office there is only a legal way. So?

Yes, some other street actions, like pickets.
If there is only one person in an enterprise, then only through the courts, the prosecutor’s office, other state bodies

These are the cakes ...

Information technology has penetrated everywhere. If we talk about Moscow, there will be several programmers or system administrators in almost every office. There are a lot of us, literally everything rests on us, but we are divided.

The original strike method is simply not available. In addition, most systems will work for some time without us. Disable the server - it will already be sabotage.


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Therefore, despite the warnings of Maxim, I personally tend to perceive the current trade unions as a service, as a law firm with collective funding. To help the individual she can. A serious impact on the labor market - alas, no.

What do you say, habravchane, we need a trade union?

PS Once again, many thanks to Maxim for the answers, and Alexander ( inout ) for an interesting idea. Special thanks to the habrawans Semisonic and Tanifi for their help in preparing the questions.
PSS The site of the trade union of IT sphere workers is not ready yet, therefore those who are interested are invited to the VKontakte group .