About history of development of trade unions of the businessmen and people working on hiring.
(Analytical review)
Belarus is a unique country. In the sense that it is the only country where trade unions (!!?) businessmen are created and are widespread. Many of our western and eastern colleagues do not understand. How such can be the trade union of the employers? Unions, associations of the businessmen, clubs all this is clear but why do we speak about trade unions of the businessmen?
The matter is that the word the businessman in the legislation of the Republic of Belarus means both large businessmen who have 1000 people working on hiring and the small sellers who have one or two people working on hiring or in general they are engaged in their business alone. If large businessmen can hire lawyers, book-keepers and other specialists, can protect themselves somehow from the outrage of the state, small businessmen do not have such a possibility.
To understand the nature of trade unions of the businessmen and people working on hiring it is necessary to explain some questions.
1) Who are personal businessmen in the Republic of Belarus?
Small personal businessmen are approximately 100-130 thousand people, plus 250-350 thousand people who work on hiring for them. The small businessmen are not protected by the legislation in any way. The labour legislation is not distributed on to them. The main employer for a small businessman, in classic understanding of this word, is the state. The state registers businessmen (gives them the right to work), issues rules on which a businessman works. As a matter of fact, a personal businessman is a hired worker for the state. The only difference of him from a worker of the organisation it that he puts his own money in the business, responds on the obligations by the property, works more than 12 hours per day and contains the family for this money. People working on hiring for the businessman, as a rule, are either his close relatives or good friends. It would be correct to call this category of the people shop-keepers, taxi drivers, handicraftsmen etc.
A lot of personal businessmen are the former engineers, teachers, lawyers, officers of the army and militia, doctors. Many of them can not simply support the family for the low salary or pension and are compelled to try the forces in the sphere small business.
More than 60 % of personal businessmen has the higher and secondary professional education.
2) Why are businessmen and people working on hiring for them compelled to be integrated in the trade unions of the businessmen?
The businessmen is an originating middle class in our country. Middle class is the basis of any civilised society. Our state is compelled to struggle with the originating middle class as the middle class is an opponent of any dictatorship. The main reason of welfare of Europe and America is a huge quantity of people with average earnings. The dictatorship in these countries is basically impossible. Everybody including the authorities understand that the process of formation of the middle class in Belarus (in the centre of Europe) is inevitable. But this process can be slowed.
Personal business in the Republic of Belarus has began to develop approximately in 1991. The greatest development it received in 1994-95 years. If A. Lukashenko had not come to the office, the business in our republic would be developed today very strongly and the economics of Belarus would be at the level of Poland or even above. Starting approximately from 1995 A. Lukashenko has declared the war to free business in Belarus. The main reason of such behaviour of A. Lukashenko is that, having come to the office, he has the purpose to create own dictatorship. And this dictatorship is distorted with elements of communism and fascism. Understanding, that the originating middle class will be an opponent of any dictatorship he began a set of measures to destroy the middle class.
As A. Sazonov, the minister of business and investments said to me in the private conversation: We would shut you (businessmen) long ago, but there is no place to put you.
The matter is personal businessmen and their families without dependence from whether they get income or not have no the rights on any manuals and social warranties, as a matter of fact. It is forbidden to the personal businessmen to be registered in the labour exchange to look for work, they do not receive even the beggarly unemployment benefit. Due to the personal businessmen the state manipulates digits of the unemployed in the country in the part of
reduction.
The full prohibition of business can be turned into the social detonating. As personal businessmen contain the families and many officials. The state has elected another way to destroy the middle class the creation of rules (laws) on which it is possible to take the property (personal income) of the businessmen away on the formal and far-fetched reasons. In the state the system of the fines, financial sanctions, criminal and administrative prosecution of the businessmen who have any income is created. In the country where judicial, executive and the legislative authority belongs to A. Lukashenko - it is easy to do this. The offences of businessmen on TV by A. Lukashenko is the norm for Belarus.
The businessmen in the Republic of Belarus, as a rule, have paid taxes before they start work (fixed tax). Despite of it they are fined for hiding of the income which they did not get. Examples:
- A businessman sells pens in the market. He has paid all taxes a month before to have a right to trade (at the rate that he will have commodity circulation in 1000 minimum wages per one month). The thief has stolen a pen from the businessman. The shortage of this one pen on the work place is considered as hiding of the income and the businessman should pay the administrative fine in five minimum wages. The second such "breach" is followed by the criminal responsibility. More than 500 of such criminal cases have been lately instituted.
- The businessman who is engaged in trade-purchasing activity has the commodity circulation in 10.000 dollars of the USA per one year. In the declaration about the incomes he indicates that the expenses to buy the goods are 8.000 dollars and the clear profit is respectively 2.000 dollars. The tax body does not recognise purchasing and other documents on purchasing of these goods and makes up the Act of the check. In the act of the check it indicates that the clear profit of the businessman = to the gross income (commodity circulation). 8.000 dollars in this case are considered to be the hiding of the income and the businessman should pay the sums of fines up to 20.000 dollars of the USA.
To be sure that the businessman will pay this fine he is taken all property from the home away. The disputes in the courts for the businessman doomed, as a rule, on a fall. Moreover, a businessman who was brave enough to argue with the controlling bodies can be calculated heavier fines and financial sanctions.
- The goods are subject to be confiscated from the businessman at the transportation or realisation if an inspector does not like way-bills or other documents on the goods, there is no a document about purchasing of the currency, if the goods are purchased abroad (as it is known in Belarus it is impossible to buy currency legally) or for another reasons.
All state machinery is engaged in one thing they invent rules on which it is possible to select the definite sums of money, except for taxes from a citizen. And these sums are higher in ten times than
taxes.
Conclusion: the trade union of the businessmen is necessary to protect economical and social rights of personal businessmen and people working on hiring. The businessman can not defend himself from outrage of the state because he will be crushed by the state machinery. The trade union has chance to defend not only concerns of a businessman but of a whole group of businessmen by the mass actions of the protest, by the proposals to change the current legislation, by creation of own legal service of free of charge legal help, and issuing own trade-unions issues. With the gangster state it is possible to struggle only if you have a strong organisation.
One more problem is the extortion of bribes from personal businessmen.
In the country the well organised system of the extortion of bribes is created. Each personal businessman is compelled to pay bribes to different inspectors up to 20 times per one year and more. The legislation allows to punish a businessman to formal reasons some times per day. Whether a businessman will work or not depends from an inspector. Each supervisor has the schedule on the fines and financial sanctions. 100 % of businessmen work with breaches of the rules established by the state (these rules are certainly can not be executed). If you give a bribe they will not check up. If you do not give - the fine and prison. To conflict with an inspector is dangerous. A man who has said about a bribe can not work any more. He will be tired of checks.
Conclusion: It is possible to struggle with this defect which is in the rank of the state policy only having created an organisation of the businessmen the trade union. The trade union sums up the facts about the bribes. It creates conditions in which inspectors begin to be afraid of publicity of cases of the extortion of bribes. On behalf of the trade union it is possible to submit the appropriate applications without indication of particular surnames of businessmen from whom the bribes are extorted.
One more large problem is the Rent of trade places.
To execute, for example the trade, the trade place is necessary. To trade outside of specially retracted places is forbidden. The trade places in the markets are given by different commercial structures . formed by the local authorities, offices and relatives of different officials. For a meter of the trade area a businessman has to pay more than for the rent of a one-room flat. Thus a businessman has no any rights and depends on the will of the manager of the market, instead of from the law. Monopolisation of the state and near state structures in this sphere allows to dictate any conditions to a personal businessman. In case of disobedience a businessman is sent off from the trade place and remains without means to live.
Conclusion: the trade union of the businessmen is necessary to protect businessmen from the outrage of the management of the market.
The notice: we, the Grodno trade union of the businessmen, tried to rent the ground to build own ware market. The authorities of the city refused to grant the ground to rent to build the market.
The permanently changing current legislation in the field of business, large volume of legislative, normative and legal acts (more 5.000 printed sheets) make the analysis of this legislation impossible for personal businessman. Nobody in the Republic of Belarus even inspectors know the legislation in the field of business in a full volume. To study personal businessmen it is necessary to conduct legal training. But there are also many difficulties. The first large difficulty is the absence of a room to realise training. The local authorities have entered the licensing system to realise meetings and seminars. And the sanction should be received 15 days prior to the beginning of a seminar. As a rule, the authorities refused to grant sanctions to realise meetings and seminars. The business-centres, require huge payment to rent a room that makes the realisation of seminars also impossible.
The long-term rent of the large area is also problematic. As a rule, the authorities say that there are no areas to rent. And to rent a room the municipal authorities require 6 dollars for a square meter of the rented area. The red tape to get a room creates huge difficulties in this problem. To buy own room for own means, to equip it is difficult because of the sharp shortage of money resources.
The legislation in the sphere of personal business has the brightly expressed specificity. It is impossible to distribute positive experience of foreign countries in the sphere of business to the Republic of Belarus in the clear state.
As a rule, in the business - centres and in other organisations created at the executive committees there are no specialists in the field of personal business. The professors and lawyers - theorists are terribly far from substantial businessmans life and can not render real legal help. It is the second large problem.
This problem is decided by the trade unions of the businessmen through the bulletins "Businessman" where advice of the lawyers are given, through consultations of the lawyers with whom the trade union co-operates.
One more essential obstacle in the development of business is a registration system for trade unions and public organisations. The system implies the presence of a legal address (without presence of a legal address you will be refused in registration). To have a legal address in the place of residence is forbidden by the law. Overwhelming majority of uninhabited fund (i.e. the place where it is possible to get a legal address) belongs to the state. And the state is failed to grant rooms to progressively adjusted public organisations and trade unions. So, in Grodno all primary organisations of the free trade union are refused to receive a room for a legal address. Those who were given rooms (from objectionable) are made to leave the rooms increasing payment of the rent and in other ways.
One of directions to divide businessmans movement and to destroy the middle class is creation of the ministries and offices, committees, pro-presidential public organisations and trade unions which will pout their cheeks and pretend that they protect businessmen.
The ministry of business and investments.
Have existed for two years.
Has a huge staff of the workers, takes the large areas under cabinets everywhere in the republic, pumps inconceivable money resources from the poor budget of country. Two years it shakes the air. It carries out congresses, the employees of the ministry and people who are close to it, go abroad by crowds. Outcome of activity is "zero". There is no any efficient proposal or normative act. Only shaking of the air.
Uncountable quantity of committees and "public" organisations at the Government and the President. It is one more large army of parasites. This army is mislead the world community and population of the Republic of Belarus. They visit foreign countries and tell how well businessmen live in the Republic of Belarus. Those come, investing and damn that day when they were advised to come to this republic. It is the cheating at the republican and international level. But there a few fools in the world. To invest in the country with crazy, daily changing legislation in the field of business and taxation nobody wants. Even the own potential investors prefer to put the capitals outside Belarus.
One more direction has been is learned by the these "public workers". Appropriation of financial (international and internal) flows intended to develop public and businessmans movement. Yesterday's party nomenclature and their adherents who have struggled all their life with sprouts of business, have said that they are the main defenders of the businessmen and have lined in queue to get budgetary and extra-budgetary money.
Why do businessmen can not be united in businessmans unions and business-clubs to protect the rights and legitimate interests?
Businessmans public organisations (unions, the clubs etc.) can not effectively defend themselves and their members. Today there is question not about the development of business and about of its survival.
To protect the rights and legitimate interests of the businessmen it is necessary to conflict with the government officials. After the first conflicting this public organisation will have a financial check, the mad sanctions will be adduced and this organisation will be closed. Tax or other check is a favourite way of the authority to finish with any objectionable organisation.
Other matter is trade unions. First of all, the trade unions have the right to strike and now are protected internal and international legislation.
Article 23 of the law of the Republic of Belarus About professional unions prohibits the control of the state over financial means of a trade union except for the incomes from the commercial activity. Therefore, the probability of pressure of the state by "checks" on the trade unions is limited.
In the second, the trade union more closer to personal businessmen on definition as businessmen are united on occupation characteristics the trade union of the sellers (trading on the market), trade union of the taxi drivers etc.
Present businessmens unions is, as a rule, near-state structures which do not have any attitude to substantial business. The legislation in the field of business is developed by people who is far from the business world.
The trade unions of the businessmen have begun to form in 1996, i.e. when the state began to kill the businessmen as the class.
In connection with the fact that in Belarus there is a large problem with an official admission of non-state businessmens structures and trade unions (registration), the businessmen form trade unions under the trade unions which are already present. The preference by us is given to the Free Trade union Belorussky. It is an enforced and indispensable measure as it simplifies a procedure of obtaining of a sample and legal status.
Substantially in the Republic of Belarus the small business is controled by the strike committee of the businessmen. This structure is not registered and has exists there is already for more than two years. The strike committee consists from different trade unions of the businessmen and people working on hiring, businessmen, initiative groups of the businessmen. This is a substantial structure which is not recognised by the authority. The strike committee has organised more than 5 all-republican strikes of the businessmen including those with the termination of payment of taxes and other payments in the budget in the sign of the protest against the outrage of the authorities. With the participation of the strike committee a number of mass meetings to protect the economical rights of the citizens is organised.
Today the strike committee works to strengthen its structures in regions and district centres. There is an activity to create the republican structure of the businessmen. We are ready to the situation when the authorities refuse to register it. It is already unimportant for us. All solutions of the strike committee are executed everywhere in the republic without dependence on its registration.
Such is a story.
We, the middle class, existed, exists we shall exists without dependence whether we shall be recognised by these rogues who controlled the power whether or not. We have different ways with these rogues and populists. And it is already the policy. We if decide to overcome the rogues we shall beat them. And it will be soon. The fools should not be leaders in Belarus.
Valery Levonevsky
The note: any reductions and usage of separate excerpts of this are enabled. It is necessary to mention the name of the author.
