Courts refuse to consider complaint of discrimination based on union affiliation

2013 2013-12-20T14:53:10+0300 2013-12-20T14:53:10+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

The Judicial Board on Civil Cases of the Brest Regional Court on December 19 was expected to consider a complaint of the trade union of electronic industry in the interests of its member Aliaksandr Sakharuk. The trade union’s lawyers asked to annul the conditions of hisemployment agreement and to eliminate discrimination at work.

The fact is that Aliaksandr Sakharuk is the only worker who is not a member of the official trade union. According to Part 2, Art. 365 the Labor Code,a non-member has to write anapplication to jointhe collective agreement. Then the employee will receive welfare payments provided by the agreement. Meanwhile, the agreement itself has a proviison, which states that the decision can be taken by the director and the trade union committee. The permissive principle which contradicts the labor law worked against Sakharuk, says human rights activist Uladzimir Malei. As a result, the employee has been deprived of social benefits.

The trial court ruled that the examination of the complaintis beyond the jurisdiction of the court. The The Regional Court dismissed the union’s complaint and confirmed the decision of the court of Maskouski district of Brest.

According to Mr. Malei, the courts are just afraid to hear the case against the employer in order to establish the facts of discrimination based on union affiliation.

Another complaint will be submitted to the Chairman of the Brest Regional Court.