Russia: The trade union wins a lawsuit against Metro C&C
The Federation of the trade unions of Sverdlovsky region (Russia) won a lawsuit against Metro CC branch in Yekaterinburg. This outcome can become a precedent. The court agreed with the trade union, that the minimal level of guaranties for the employees, who are affected by the harmful labor conditions, doesn’t depend on the degree of workplace hazards.
"The Federation of the trade unions of Sverdlovsky region has inspected the work conditions of Metro Cash & Carry. We revealed the numerous violations of the labor legislations, especially of the government’s ordinance # 870, issued in December 2008, which provides for the 36-hours week, the 4% increase of the wage, and the additional 7-days leave for the employees, affected by the harmful labor condition” – says Rastam Bikmetov, the chief inspector of the Federation. “We insist that this ordinance is valid for every case of harmful conditions, and it doesn’t matter, what is the exact degree of hazards” – stresses Bikmetov.
The Federation, which represents the trade union members – the Metro C&C employees, has filed a lawsuit. The employer tried to contest the trade union’s suit, claiming, that the ordinance can’t be implemented without the list of hazards.
Nevertheless, the court supported the trade union’s side, and decreed that the minimal guarantees, mentioned in the ordinance, should be provided for every person, affected by the harmful labor conditions of any degree. It means that each Metro C&C employee, affected by harmful conditions, has a right to 36-hours week, 4% wage increase, and additional leave.
“Besides, there are the employees of Metro C&C, who were working 40 hours a week, but had the right to work only 36 hours” – says the head of organizing department of the Federation Vasiliy Derkach. So, the trade union is going to demand from Metro C&C to remunerate their work, during these four hours every week, as an overtime work.
“The employer must effect the re-calculation of the wages, taking into account the constant overwork of the employees, affected by the harmful labor conditions” – points out the chair of the Retail workers of Yekaterinburg trade union (Metro C&C employees are a part of this organization), Alexander Brusnitsin.