of June 28, 2014 No. 199-FZ
About modification of article 374 of the Labor Code of the Russian Federation
Accepted by the State Duma of the Russian Federation on June 20, 2014
Approved by Council of the Russian Federation on June 25, 2014
Bring in article 374 of the Labor Code of the Russian Federation (The Russian Federation Code, 2002, No. 1, Art. 3; 2006, to No. 27, the Art. 2878) change, having stated it in the following edition:
"Article 374. Guarantees to the workers who are part of elected collegiate organs of the trade-union organizations and are not exempted from the main work
Dismissal on the bases, stipulated in Item 2 or 3 parts one of Article of 81 of this Code, heads (their deputies) of elected collegiate organs of primary trade-union organizations, elected collegiate organs of the trade-union organizations of structural divisions of the organizations (not below shop and equated to them) which are not exempted from the main work is allowed in addition to general procedure for dismissal only from prior consent of the relevant higher elected trade-union organ.
Within seven working days from the date of obtaining from the employer of the draft of the order and copies of the documents which are the basis for decision making about dismissal on the basis, stipulated in Item 2 or 3 parts one of Article of 81 of this Code, worker from among the workers specified in part one of this Article, the relevant higher elected trade-union organ considers this question and represents in writing to the employer the decision on consent or disagreement with this dismissal.
The employer has the right to make dismissal without the decision of the relevant higher elected trade-union organ if such decision is not provided at the scheduled time or if the decision of the relevant higher elected trade-union organ on disagreement with this dismissal is recognized by court unreasonable based on the statement of the employer.
Observance of the specified procedure does not deprive the worker or the relevant elected trade-union organ of the right representing its interests to appeal the decision on this dismissal made by the employer in court.
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