The Collective Contracts And Agreements

Original Language Title: О коллективных договорах и соглашениях

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Overtaken by force-Federal Law of June 30, 2006 N 90-FZ A A C O. N On collective contracts and agreements (In the wording of federal laws from 24.11.95 g. N 176-FZ; from 01.05.99 N 93-FZ; of 30.12.2001 N196-FZ; dated 29.06.2004 N 58-FZ) CHAPTER I. General provisions Article 1. The purpose and scope of the Act This Act establishes the legal framework for the development, conclusion and implementation of collective agreements and agreements to facilitate the regulation of the labour market and the harmonization of the social and economic interests of workers and employers. In the wording of the Federal Law of 24.11.95 N 176-FZ) The Act applies to all employers, employees, employers 'and employees' representatives, as well as executive and local government bodies. (...) (...) N 176-FZ) Article 2. Basic concepts Collective agreement-legal act regulating social and labor relations and concluded by employees of the organization, branch office, The representative (s) of the organization (s) with the employer. Agreement-legal act regulating social and labor relations between workers and employers and concluded at the level of the Russian Federation, the subject of the Russian Federation, territory, industry and occupation. Representatives of employees-bodies of trade unions and their associations authorized to representation in accordance with their statutes, bodies of social activity formed at the general meeting (s) of employees and authorized by the organization. Workers who are not members of a trade union may authorize a trade union body to represent their interests in collective bargaining, conclusion, modification, supplementing and monitoring of the collective agreement. Representatives of employers are the heads of organizations or other authorized organizations, other legal acts of the person, the plenipotentiary bodies of employers ' associations, other authorized employers organs. (Article in the wording of Federal Law of 24.11.95 g. N 176-FZ) Article 3. The relationship between the law and the collective contract, agreement, employment contract (contract) The terms of collective contracts and agreements concluded in accordance with the law are Mandatory for the employersto which they are distributed. In the wording of Federal Law of 24.11.95 N 176-FZ) The terms of collective agreements or agreements adversely affect the position of employees in comparison to the law. It is prohibited to include in employment contracts (contracts) conditions that worsen the position of employees in comparison with legislation, collective agreements and agreements. Article 4. Basic principles of collective treaties and agreements Basic principles of collective bargaining and agreements are: compliance with the law; representatives of the parties; equality of the parties; freedom of choice and discussion of issues that constitute the content of collective agreements, agreements; voluntary commitment; reality { \cs6\f1\cf6\lang1024 } Security { \cs6\f1\cf6\lang1024 } of control and inevitability of liability. Article 5. Inadmissibility of obstruction of activities on conclusion, revision and execution of collective treaties and agreements It is prohibited to interfere with any interference that may restrict workers ' lawful rights and their rights. Representatives of the executive branch and of the local authorities, political parties and other public associations, employers, The implementation of collective agreements and agreements. In the wording of Federal Law of 24.11.95 N 176-FZ ) It is not possible to negotiate and conclude collective agreements and agreements on behalf of employees by organizations or bodies established or financed by employers, the executive branch and the local governments, political parties, except in the case of funding provided by law. In the wording of Federal Law of 24.11.95 N 176-FZ) It is not possible to negotiate and conclude collective agreements and agreements on behalf of employees by persons representing employers. N 176-FZ) CHAPTER II. Collective negotiations Article 6. The right to negotiate Initiator of collective bargaining for the development, conclusion and amendment of a collective agreement is entitled to be made by any of the parties. A party that has received written notice of the commencement of negotiations from the other party is obliged to commence negotiations within seven days. On behalf of employees, the right to collective bargaining is granted to the employees referred to in article 2 of this Law. (...) (...) N 176-FZ If present in the organization, at the federal, sectoral, professional and other levels, a number of employees ' representatives are entitled to negotiate on behalf of The members of the trade union or the employees they represent. (...) (...) N 176-FZ On behalf of employers, the right to collective bargaining is granted to the employers referred to in article 2 of this Law. (Amended by Federal Act 24.11.95 g. N 176-FZ) Employers, executive authorities and local governments are obliged to negotiate social and labor issues proposed for the consideration of employees ' representatives. (...) (...) N 176-FZ) Within three months before the expiration of the former collective agreement, agreement or within the time limits defined by those documents, either party has the right to send a written notice of commencement to the other party negotiations on a new collective agreement, agreements. Article 7. The conduct of negotiations To bargain collectively and to prepare a draft collective agreement, the parties shall form a commission on an equal basis with the necessary powers of representatives. The composition of the commission, the date, venue and agenda of the negotiations shall be determined by the decision of the parties. Parties participating in the negotiations shall be given full freedom to choose and discuss the issues that constitute the content of the collective agreement, the agreement. The executive authorities, local authorities and employers ' representatives should provide employees with the information they need for collective bargaining. Participants in the negotiations, other persons involved in the negotiations, shall not disclose the information received if they are official or commercial secret. Persons who divulged that information were held accountable in the manner prescribed by law. (...) (...) N 176-FZ )If the parties were unable to reach agreement on all or part of these issues during the negotiations, they shall draw up a protocol of disagreement. (...) (...) N 176-FZ) The signing of a collective agreement, agreement, protocol of disagreement is the moment when collective bargaining is concluded, the agreement. (Amended by Federal Law of 24.11.95 g. N 176-FZ) Article 8. Resolution of differences Settlement of disagreements in collective bargaining shall be carried out in accordance with the Federal Law on the Procedure for the Resolution of Collective Labour Disputes. (...) (...) N 176-FZ) Article 9. Safeguards and compensation during negotiations Persons participating in collective bargaining, drafting of collective agreements and agreements, as well as specialists invited to participate in this work, is released from the main work with the average earnings for a period of not more than three months within a year. All costs related to participation in the negotiations are compensated in accordance with the procedure provided by the labour law, the collective agreement and the agreement. Remunitees by agreement of experts and conciliators are made by agreement with them by the executive and local authorities, employers, their associations, and others by authorized employers. Representatives of trade unions, their associations, the organs of social activity participating in the collective bargaining may not, at the time of their conduct, be without the prior consent of the bodies responsible for their representation subject to disciplinary action, transferred to another job, moved or dismissed at the initiative of the administration. (Article in the wording of Federal Law from 24.11.95 g. N 176-FZ CHAPTER III. Team contract Article 10. The right to decide on the necessity of collective contract conclusion Decision on whether to conclude a collective agreement with the employer To receive the employees ' representatives or the general meeting (conference) of the employees of the organization. (...) (...) N 176-FZ) Article 11. Parties to a collective agreement Parties to a collective agreement are employees of the organization represented by their representatives and the employer, where appropriate, by the head of the organization or other in accordance with the statute of the organization, by another legal act. (...) (...) N 176-FZ) Article 12. Procedures and deadlines for the development and conclusion of the collective agreement The procedure, time frame for the drafting and conclusion of a collective agreement, the composition of the commission provided for in article 7 of this Law, the venue and the agenda The days of negotiations are determined by the parties and are issued by an order of the organization and the decision of the employees ' representatives. (...) (...) N 176-FZ) The date of issuance of an order for the formation of a commission agreed upon with the relevant representative of employees, as provided for in article 7 of this Law, is the moment of commencement of the collective The Act of 24.11.95 was amended by the Federal Act No. N 176-FZ ) If multiple representatives speak at a time, they form a single representative body for five calendar days to negotiate, develop a single representative body and the conclusion of a single collective agreement. (...) (...) N 176-FZ ) The single draft of the collective agreement is subject to mandatory discussion by employees in the business units and is further developed on the basis of the comments, suggestions and additions. The finalized single project is approved by the general meeting (conference) of employees of the organization and is signed by the employees of all members of the single representative body. In the wording of Federal Law of 24.11.95 N 176-FZ ) If there is no agreement in a single representative body or when such a body is not created, the general meeting (conference) of the employees of the organization may adopt the most appropriate project a collective agreement and a representative of the employees who drafted the project, to negotiate and conclude a collective agreement on behalf of the employees of the organization after approval by the general meeting (conference). (...) (...) N 176-FZ If a single representative body is not established, representatives of employees are free to negotiate and conclude a collective agreement on behalf of the employees represented or propose to conclude An annex to a single collective agreement that protects the specific interests of professionals represented. The annex is an integral part of the collective agreement and has the same legal effect as it. (...) (...) N 176-FZ) The employer must provide the employees ' representatives with the ability to bring their draft collective agreement to each worker, and to provide it with the available Internal communications and information, reproduction and other office equipment, facilities for holding meetings, consultations, locations for the placement of stands. In the wording of Federal Law of 24.11.95 N 176-FZ ) Signed by the parties to a collective agreement with applications within seven days, is sent by the employer to the appropriate labour body at the location of the organization for the notification. (...) (...) N 176-FZ) Article 13. The content and structure of a collective agreement The content and structure of a collective agreement are defined by the parties. In a collective agreement, the mutual obligations of the employer and employees may be included in the following issues: form, system and wage, remuneration, benefits, compensation, overpayments; wage-adjustment mechanism based on price increases, inflation rate, performance of collective agreements; employment, re-education, conditions for workers ' release; Leisure time and time, leave; improve conditions and Occupational safety for workers, including women and young people (adolescents); voluntary and compulsory medical and social insurance; Respect for workers ' interests in the privatization of an enterprise, institutional housing; occupational health and safety; benefits for workers who combine work with learning; supervision of a collective agreement, how to make it of amendments and additions, liability of the parties, Partnership, ensuring normal working conditions for employees ' representatives; (In the wording of Federal Law of 24.11.95) N 176-FZ ) Refers to strikes on conditions included in this collective agreement, with timely and full implementation. In a collective agreement, taking into account the economic opportunities of the organization , others may be included, including more favourable labor and socio-economic conditions than the rules and regulations, Installed legislation and agreements (additional leave, pension supplement, early retirement, compensation for transportation and travel expenses, free or partly paid food for workers and their children in schools and pre-school institutions, other additional benefits and compensation). In the wording of Federal Law of 24.11.95 N 176-FZ)) The collective agreement includes regulations if the existing legislation expressly provides for the binding of these provisions in a collective agreement. Article 14. A collective agreement , a collective agreement, consists of one to three years. The Collective Agreement shall enter into force on the date of signature by the parties or from the day specified in the collective agreement and shall apply for the whole period of time. At the end of the specified period, the collective agreement shall remain in effect until the parties have concluded a new or modified the effective date. The collective agreement retains its effect when the composition, structure, name of the organizationcontrol, the termination of the employment contract (contract) with the head of the organizations. (In the wording of Federal Law of 24.11.95 g. N 176-FZ) When the organization is reorganized, the collective agreement remains in effect for the period of reorganization, and can then be revised at the initiative of one of the parties. In the wording of Federal Law of 24.11.95 N 176-FZ ) The property of the organization is replaced by a collective agreement within three months. During this period, the parties have the right to start negotiations on the formation of a new collective agreement or to preserve, modify and supplement the existing one. In the wording of Federal Law of 24.11.95 N 176-FZ) During the revision of the collective agreement, the possibility of maintaining the benefits for workers and other conditions provided for by the former collective agreement must be resolved. When the organization is eliminated in the order and under the conditions established by law, the collective agreement is valid for the duration of the liquidation. In the wording of Federal Law of 24.11.95 N 176-FZ) Article 15. Changes and additions to a collective agreement Changes and additions to a collective agreement within a period of its validity shall be made only by mutual consent of the parties in the manner defined in the collective agreement, and if not is defined in the manner prescribed by this Law for its conclusion. Article 16. Warranty When disposed Organization When liquidation of an organization, collective contract claims are satisfied from the property of the dissolved organization in accordance with Civil legislation in force. The amount of funds allocated to employees ' claims is determined and distributed to the units and the employees by the liquidation committee in agreement with the representative of the employees who signed the collective agreement with the annexes. (...) (...) N 176-FZ) Article 17. The control of the collective contract Control of collective bargaining is exercised by the parties and their representatives, as well as by labour authorities. (...) (...) N 176-FZ) In exercising control, the parties are obliged to provide all the information they need for this. Parties that have signed the single collective agreement, each year, or within the terms stipulated in the collective agreement, report on its implementation at a general meeting (conference) of employees (...) (...) N 176-FZ) CHAPTER IV. Agreement Article 18. Types of agreements Depending on the scope of regulated social and labor relations, agreements can be concluded: general, regional, sectoral (cross-sectoral) tariff, professional tariff, territorial and other. The General Agreement establishes the general principles of regulating social and labor relations at the federal level. The regional agreement establishes the general principles of regulation of social and labor relations at the level of the constituent entity of the Russian Federation. Industry (cross-sectoral) tariff agreement sets standards of pay and other working conditions, as well as social guarantees and benefits for employees of the branch (s). The Professional Tariff Agreement establishes the rules of payment and other working conditions, as well as social guarantees and benefits for workers in certain professions. The territorial agreement establishes conditions of work, as well as social guarantees and privileges related to the territorial particularities of the city, district and other administrative-territorial entities. The agreements between the parties involved in the negotiations could be bilateral and trilateral. Agreements with full or partial budget funding are concluded with the mandatory participation of representatives of the relevant executive authorities. Federal Law of 24.11.95 g. N 176-FZ) Article 19. The participants in the agreements At the federal level, the parties to the agreements may be: General-All-Russian Union of Trade Unions; All-Russian employers ' associations; The Government of the Russian Federation; The federal executive branch, In the area of labor and employment; (as amended by the Federal Law of 29 June 2004) N 58-FZ) professional tariff-relevant trade unions and their associations; relevant employers ' associations, other authorized employers of representative bodies; the relevant labour authority. At the level of the subjects of the Russian Federation and the administrative and territorial entities of the constituent entities of the Russian Federation, the parties to the agreements may be: regional-relevant trade unions and their trade unions; Associations; employers ' associations, other authorized employers; and the executive branch of the constituent entity of the Russian Federation; Relevant trade unions and associations; employers ' associations, other Russian employers 'representative bodies; labour body of the constituent entity of the Russian Federation; territorial-relevant trade unions and associations; employers' associations, other authorized employers representative bodies; the corresponding local government authority. (Article in the wording of Federal Law 24.11.95 g. N 176-FZ) Article 20. The procedure and timing for the development and conclusion of an agreement Procedure, deadlines for the development and conclusion of an agreement shall be determined by the commission prescribed by article 7 of this Law and shall be shaped by its decision. If there are more than one employee representative at the appropriate level, the members of the commission shall be determined by agreement between these representatives. The Draft Agreement is drafted by the Commission and signed by the representatives of the parties. If the agreement is not reached within seven days, representatives of employees are free to negotiate and conclude agreements on behalf of the employees they represent. The agreement signed with the parties within seven days is sent by the representatives of the employers-parties to the agreement concluded at the federal level-to the federal executive authority, authorized by OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) N 58-FZ) When undertaking the notification registration of a bilateral agreement, the labour authority (not a party to the agreement) shall identify the terms of the agreement that are contrary to the labour law and shall notify the parties of the agreement of the agreement Discreations detected. The same order applies if you make changes or additions to the agreement. (Article in the wording of Federal Law from 24.11.95 N 176-FZ) Article 20-1. Russian Tripartite Commission Regulating Labor Relations To regulate social and labor relations, The General Agreement establishes a permanent Russian tripartite commission for the regulation of social and labour relations, which is carried out in accordance with the federal regulations. Law on the Russian Tripartite Commission on regulation of social and labor relations. The article is supplemented by Federal Law No. N 176-FZ; as amended by the Federal Act of 1 May 1999 N 93-FZ) Article 21. The content of the agreements The content of the agreements is determined by the parties. Agreements can include: on pay, conditions and labor protection, labor and rest protection; on the pay regulation mechanism, based on price increases, inflation rates, performance of indicators, defined by agreement; on compensation-type boards, the minimum size of which is provided by law; on employment promotion, training of workers; { \cs6\f1\cf6\lang1024 } Security and health { \cs6\f1\cf6\lang1024 } Special measures for the social protection of workers and their families; on the interests of employees in the privatization of state and municipal enterprises; Employment opportunities for persons with disabilities, young people (including adolescents); on the development of social partnership and triangular cooperation, procedures for making changes and additions to the agreement collective bargaining, prevention and Labour disputes and strikes, the strengthening of labour discipline. (...) (...) N 176-FZ Agreements may contain provisions on other labour and socio-economic issues that are not contrary to the law. Article 22. The operation of the agreement The agreement takes effect from the moment it is signed by the parties or from the day specified in the agreement. The parties to the agreement determine the duration of the agreement and the terms of the agreement. The agreement may not last longer than three years. The operation of the agreement extends to employees, employers, the executive branch, which authorized the parties to the agreement to develop and conclude on their behalf. In cases where workers are simultaneously subject to different agreements, the terms of the agreements are the most favourable to employees. (Supplied-Federal Law from 24.11.95 g. N 176-FZ )When the industry (cross-sectoral) tariff agreement is concluded at the federal level, a professional tariff agreement with not less than 50 per cent is included in the scope of the agreement Employees of the branch (s), the profession, the head of the federal executive authority, which is authorized in the field of labour and employment, has the right to invite employers who have not participated in the conclusion of this agreement It is supplemented by Federal Act No. N 176-FZ; as amended by Federal Law No. N 58-FZ) If the employer or the relevant employee representatives within 30 calendar days of receipt of the proposal did not dissociate themselves from the proposal, the agreement is deemed to be distributed Employers since the receipt of the proposal. (Supplements-Federal Law of 24.11.95) N 176-FZ Article 23. Amendments and additions to the agreement Amendments and additions to the agreement shall be made by mutual consent of the parties in the manner determined in the agreement and, if not determined, in the manner prescribed by this Law for its conclusion. Article 24. Control of the implementation of agreements The parties and their representatives, as well as the relevant labour authorities, implement the agreements at all levels. (...) (...) N 176-FZ) In exercising control, the parties are obliged to provide all the information they need for this. Chapter V. Responsibility Article 25. (Overdue since 01.07.2002-Federal Law of 30.12.2001 N196-FZ) Article 26. Liability for violation and non-compliance collective agreement, agreements (Part lost since 01.07.2002-Federal Law from 30.12.2001 N 196-FZ)On request of representatives of employees, the owner is obliged to take the measures prescribed by the law to the leader, who is responsible for the violation or not of the conditions of collective of the contract. (Article in the wording of Federal Law of 24.11.95 g. N 176-FZ) Article 27. (Overdue since 01.07.2002-Federal Law of 30.12.2001 N196-FZ) Article 28. (Overdue since 01.07.2002-Federal Law of 30.12.2001 The President of the Russian Federation, Mr. ELTSIN Moscow, House of Soviet Russia 11 March 1992 N 2490-I