Regulation Of The Minister Of Labour And Social Policy Of 4 April 2001 On The Procedure On The Registration Of Collective Agreements, Record-Keeping Systems And The Act And Registered Designs Registration Clauses And Registers

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 4 kwietnia 2001 r. w sprawie trybu postępowania w sprawie rejestracji układów zbiorowych pracy, prowadzenia rejestru układów i akt rejestrowych oraz wzorów klauzul rejestracyjnych i kart rejestrow

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On the basis of article. 24111 § 6 of the labour code are managed as follows: § 1. 1. The provisions of the regulation relating to the collective agreement, hereinafter referred to as "the agreement", shall apply mutatis mutandis to: 1) the additional protocols to the agreements, 2) agreements on the application of the agreement and additional protocols to those agreements, subject to § 7 para. 2, § 8, paragraph 1. 2 and § 11 para. 1.2. Whenever a regulation reference is made to the employer or trade union organisations share pages as the factory collective, understood well the entities that have concluded a share system on the basis of the provisions of art. 24128 labour code.

§ 2. 1. The registration system shall be carried out at the request of one of the parties to the Treaty.

2. The application for registration of the agreement should contain the following information: 1) the date and place of the conclusion of the agreement and the date of its entry into force, 2) the parties to the Treaty and their offices and mailing address, 3) meet the conditions required for the conclusion of the agreement, 4) term under the current system, 5) the scope of the agreement, in particular the territorial and personal, and the number of employees who were covered by this hand.

3. the application referred to in paragraph 1. 1, shall be accompanied by: 1) stapled or framed copies of the agreement, in an amount corresponding to the number of entities that have entered into a layout, plus 2 copies; copies of the agreement should contain original signatures of people representing parties that have concluded, 2) power of Attorney of persons containing layout on behalf of the authorities to the entitled, 3) a copy of a court ruling declaring the representativeness of the trade union organization, 4) Letter from the national organization międzyzwiązkowej (Confederation) confirming the entry into the country of the Trade Union or Association (Federation) trade unions, 5) an extract from the register of trade union organisations or employers stating register your organization 6) of the Statute of the trade union organization or organization of employers indicating that the competent authority for the conclusion of the agreement.

4. If the documents referred to in paragraph 1. 3 paragraph 2-6, are in the possession of the authority of the Registrant and their timeliness, there is no need to restart them attach to the application for registration of the layout.

5. In the case of an application for registration of the share system, the applicant should provide the text of the ponadzakładowego in force with the employer.

§ 3. Registration authority may require additions to the application for registration of the information and documents necessary to: 1) determine whether the arrangement was in accordance with the provisions of concluding collective agreements, 2) check that the layout does not contain provisions incompatible with the law.

§ 4. Application for registration of a system, does not meet the requirements provided for in § 2 and 3, shall not be subject to examination. This proposal, together with the accompanying documents, shall be reimbursed together with the written reasons for refusal.

§ 5. Call to make changes in the content of the agreement and notification of registration layout without some of its provisions shall be communicated to the parties to the agreement in writing, with an indication of the provisions of the agreement illegal.

§ 6. 1. notification of refusal of registration of layout in the registry systems, hereinafter referred to as "the register", shall be communicated to the parties to the agreement in writing. The letter should contain the grounds for a refusal and the letter of rights remedies.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis in the case of the deletion of the registry based on the provision of art. 24111 § 54 of the labour code.

§ 7. 1. the registers after posting by the registration authority registration clause and stamp dry on the copies of the agreement. One copy of the system remains in the collection.

2. registration and agreement clauses Patterns to the agreement on the application of the agreement set out in the annex 1 to the regulation.

§ 8. 1. Enter the layout to the registry registration authority shall notify in writing the page layout and send one copy to system entities that have entered into the layout. In a letter given to the date of the entry.

2. in the case of entry in the register of the agreement on the application of the agreement, the registration authority shall notify in writing the parties.

§ 9. 1. At the request of one of the parties to the Treaty shall be entered in the register with the following information: 1) terminate the agreement, 2) layout solutions, 3) date of the termination of the application of the provisions of the defunct system, where in the this established another date than the date of entry into force of the new agreement, 4) the conclusion, by the agreement fixing the deadline for the application of the provisions of that is fixed (with the date of cessation of use of these provisions) , 5) Division, merger, dissolution or liquidation of organizations or other entities that have entered into a system, 6) join another employer or entity in the rights and obligations of the parties of the agreement, 7) join trade union organizations in the rights and obligations of the Parties contained a system, 8) transition the rights and obligations of the Parties contained ponadzakładowego agreement to another Minister or the central authority of the Government, 9) suspension of the application of the agreement: 10) withdraw from the application of the agreement by the employer in case of termination of the employers ' organisations or any trade union organisations party to that agreement, 11) change the name of the entity that has entered into an arrangement.

2. If the request referred to in paragraph 1. 1, applies to circumstances requiring statements in writing, to the conclusion that should be included in the document.

3. the request for information to the registry entry does not meet the requirements provided for in paragraph 1. 1 and 2 shall not be subject to examination. The request together with the accompanying documents shall be reimbursed together with the written reasons for refusal.

4. Make an entry in the register the information referred to in paragraph 1. 1, the registration authority shall notify the parties of the system.

§ 10. The Office shall be subject to entry in the register with the following information: 1) extension by the Minister responsible for Labour Affairs, based on art. 24118 labour code, application of ponadzakładowego, 2) repeal of the extension of the application of the agreement on the basis set out in paragraph 1, 3) the deletion of the registry pursuant to article. 24111 § 54 of the labour code.

§ 11. 1. An entry in the register shall be made in the Register tab. Card patterns and layout registered the agreement on the application of the agreement shall specify the annexes 2-5 to the regulation.

2. for each layout leads to a separate register card.

3. in addition to the register card leads to a collection of systems and files registration.

4. For each layout leads to a separate registration records. These include documents which form the basis of an entry in the register and the documents in the registration proceedings and any letter relating to the agreement.

§ 12. Registration card, a collection of systems and files registration may not be taken out of the place of storage and viewed without the supervision of an authorised employee.

§ 13. 1. Registration Card, established for registered before the date of entry into force of the regulation shall remain valid.

2. For the registration of the additional protocol to the agreement and information referred to in § 9, paragraph 1. 1, to register card referred to in paragraph 1. 1 registration card shall be drawn up in accordance with the models referred to in the regulation.

§ 14. Repealed the Ordinance of the Minister of labour and social policy of 15 November 1994 on detailed procedures on registration of collective agreements and the model of these systems, registry (Dz. u. Nr 123, poz. 606).

§ 15. [1] Regulation shall enter into force after 14 days from the date of the notice.



Minister of labour and social policy: l. Komołowski annex 1.

The annexes to regulation of the Minister of labour and social policy of 4 April 2001 (. 408) Annex 1, Appendix 2.

Annex 2 annex 3.

Annex 3 Annex 4.

Annex 4 Annex 5.

Annex # 5 [1] Regulation shall enter into force on 5 May 2001.

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