According to trade-union committee of the GP "The Delta — the Pilot" Primary trade-union organization of Labor union of workers of sea transport of Ukraine available the Ministries information is incomplete and given unilaterally.
On August 29 on official the Internet - a site of the Ministry of transport and communication of Ukraine the statement a press - Mintranssvyaz services concerning staff optimization on GP "The Delta — the Pilot" in which the Ministry approves actions of the present management of the enterprise is published.
The official site of the GP Primary trade-union organization "The delta - the pilot about it placed the following message:
"The trade-union committee never called into question the rights of the enterprise provided ч.3 by Art. 64 of the Economic code of Ukraine, independently to define the organizational structure, to establish the number of workers and the staff list. However the trade-union committee always insisted on that implementation of these rights didn't violate the law and the Collective agreement of the enterprise.
So, point 2.1.8 of the Collective agreement the administration undertook: "To make decisions on reorganization, structural changes at the enterprise only on condition of ensuring the rights and interests of workers and in coordination with trade-union committee". Such self-restriction of the rights of the enterprise completely corresponds to article 7 of the Law of Ukraine "About collective agreements and agreements" according to which "the collective agreement can provide additional in comparison with the current legislation and guarantee agreements, socially - household privileges". Carrying out changes in organizational structure of the enterprise, the administration not only didn't coordinate them with trade-union committee, but also at all didn't inform it of it. The trade-union committee, based on numerous statements from members of labor union, considers that when carrying out structural changes the rights of employees of the enterprise, in particular their constitutional law for work are violated.
The trade-union committee considers that stated in the statement a press - services of Mintranssvyaz of data don't correspond to actual facts.So, in the statement the press - services of Mintranssvyaz is specified that information of administration on the planned dismissals is provided in trade-union committee "beforehand". Actual facts are as follows: information of administration is registered by the enterprise on June 19, 2008 (proceeding No. 2848) and it arrived in trade-union committee on June 20, 2008 (entering No. 72). At the same time the order on introduction of the new staff list No. 419-з to which the administration refers as on the basis for dismissals, it is registered at the enterprise on June 19, 2008. Besides, carrying out term "actions for optimization of structure of the enterprise" in information of administration was specified September - October. Thus, from day of submission of information to day of the beginning of the term planned by administration remained less than 3-x months which are provided by the legislation and the Collective agreement.
In the statement a press - services of the Ministry it is also specified that information of rather planned dismissals contains data about "about their reasons, quantity and category of workers which it can concern, and terms of carrying out dismissals". Actually, in administration information in general there were no data on quantity and category of workers which reduction can concern, and the statement of the reasons of carrying out reduction of workers at profitably working enterprise was unconvincing. Besides, in information completely there were no data on measures for employment of the workers who are subject to release. Submission of such data is provided by point 2.18 of the Industry agreement and point 4.1.2 of the Collective agreement.
Concerning the offer of administration to begin carrying out joint consultations it should be noted that according to article 22 of the Law of Ukraine "About labor unions, their rights and activity guarantees" the employer has to hold consultations at a stage when it plans release of workers instead of when the decision on release is already made. As it was shown above, information on planned reductions arrived in trade-union committee after the decision on release of employees of the enterprise by administration was already made and given an order shape.
Subject of consultations between the employer and labor unions according to the Law are actions about prevention of release of workers or to data of their quantity to a minimum.In conditions when the new staff list is already approved, and with the personnel "warn the corresponding workers which positions are reduced, about future dismissal" discussion of actions is instructed department of work in prevention of release of workers loses any meaning. In the light of told becomes obvious that such "offer" on the beginning carrying out consultations from administration in fact is mere formality.
Nevertheless, in the trade-union committee letter to administration from 24.06.2008г. to No. 56 it was declared that the trade-union committee is ready to begin the corresponding consultations on prevention of dismissals on condition of providing information which according to the contents conforms to requirements of existing regulations, that is such which accurately defines a subject of consultations. Besides, considering that the reasons of future dismissals lie in the plane of economic character, the trade-union committee for preparation for carrying out consultations asked administration to present:
- the financial plan of the enterprise for 2008 and the report on its execution in 1 quarter and 5 months 2008;
- the report on implementation of the financial plan of the enterprise for 2007;
- data on the number of employees of the enterprise as of January 1, 2008 and for representation date to trade-union committee of information on the planned dismissals;
- data on number of the accepted and dismissed workers since January 1, 2008 on divisions and categories of workers;
- organizationally - functional structure of the enterprise as of 01.01.2008г. on the present and such that is planned to enter at the enterprise as a result of optimization.
The specified offers of trade-union committee remained without reply of administration. Any subsequent steps concerning carrying out consultations from administration it wasn't carried out though, under the Law, the employer is obliged to hold consultations, and not just "to suggest to begin carrying out the corresponding consultations".
All aforesaid shows that the administration suggested to begin carrying out consultations with trade-union committee of rather future dismissals formally, and was in practice eliminated from their carrying out though had for this purpose enough time and opportunities.
Making the specified statement, Mintranssvyaz as the party of the Industry agreement, didn't consider opinion on the matter of other party of the Industry agreement - the Labor Union of Workers of Sea Transport of Ukraine (LUWSTU).Having studied a question on a place, lawyers of PRMTU came to opinion that orders on the enterprise, providing dismissal of workers, are issued in defiance of Art. 22 of the Law of Ukraine "About labor unions, their rights and activity guarantees". The letter from 28.07.2008г. No. 02-299 chairman of PRMTU Kireev M. I. I addressed to the director of GP "The Delta — the Pilot" with the offer to suspend the relevant orders to return process of "optimization" of number to the framework established by the law. However GP "The Delta — the Pilot" management disregarded the offer of PRMTU.
Considering the facts stated above, the trade-union committee considers the statement a press - Mintranssvyaz services premature and not promoting situation normalization in collective GP "The Delta — the Pilot"".