The Collective Contracts And Agreements

Original Language Title: О коллективных договорах и соглашениях

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102015109

Expired-the Federal law from 30.06.2006 N 90-FZ z and c o n RUSSIAN FEDERATION on collective agreements (as amended by the federal laws of 24.11.95 N 176-F3;
on 01.05.99 N 93-FZ; from out N 196-FZ;
from 06/29/2004 N 58-FZ) Chapter i. General provisions article 1. Objectives and scope of the law this law establishes the legal framework for the elaboration, conclusion and implementation of collective agreements and agreements to facilitate contractual regulation of socio-labour relations and harmonization of socio-economic interests of workers and employers. (As amended by the Federal law of 24.11.95 N 176-FZ) the Act applies to all employers, workers, representatives of employers ' and workers ' representatives, as well as the organs of executive power and bodies of local self-government. (As amended by the Federal law of 24.11.95 N 176-FZ), Article 2. Basic concepts of collective agreement-legal act regulating labor relations and concluded in their organization, affiliate, Representative Office (hereinafter referred to as the workers organization) with the employer.
Agreement-legal act regulating labor relations between employees and employers and to be concluded at the level of the Russian Federation, constituent entities of the Russian Federation, territories, industry, profession.
Workers ' representatives bodies of trade unions and their associations, authorized for representation, in accordance with their statutes, public performances, educated at the general meeting (Conference) of workers organizations and authorized.
Employees who are not Union members, may authorize the Trade Union body to represent their interests during collective negotiations, conclude, modify, extend, collective treaty or agreement, and monitoring their implementation.
Representatives of employers-leaders or other authorized in accordance with the Charter of the Organization, other legal acts, the person authorities employers ' associations, other authorized employers body.
(Article in the Editorial Office of the Federal law dated 24.11.95 g. N 176-FZ), Article 3. The ratio of legislation and the collective treaty or agreement, the labour agreement (contract) terms and conditions of collective agreements and agreements concluded in accordance with the law, are binding on employers, to which they apply. (As amended by the Federal law of 24.11.95 N 176-FZ) terms of collective contracts or agreements, worsening compared to the law the situation of employees, are not valid.
It is prohibited to include in contracts (contracts) conditions which adversely affect the situation of employees compared with legislation, collective agreements and agreements.
Article 4. The basic principles of collective bargaining and agreements, basic principles on collective bargaining and agreements are: compliance with legislation;
the authority of the representatives of the parties;
equality of the parties;
freedom of choice and discuss the issues that make up the contents of collective agreements;
voluntary commitments;
reality ensure assumed obligations;
systematic control and inevitability of responsibility.
Article 5. Inadmissibility of obstructing the conclusion of activities, revision and implementation of collective contracts and agreements shall be prohibited all interference that may limit the legal rights of employees and their representatives or prevent their implementation by executive authorities and bodies of local self-government, political parties and other public associations, employers, upon conclusion, revision and implementation of collective agreements. (As amended by the Federal law of 24.11.95 N 176-FZ) is not allowed to negotiate and conclude collective contracts and agreements on behalf of the employees of organizations or bodies established or financed by employers, executive bodies and local self-government bodies, political parties, except the financing provided by the law. (As amended by the Federal law of 24.11.95 N 176-F3) are not allowed to negotiate and conclude collective contracts and agreements on behalf of persons representing employers. (Amended by Federal Act from 24.11.95 N 176-FZ), chap. II. Collective bargaining Article 6. The right to negotiate collective bargaining agreements Initiated by the development, and a change in the collective agreement, the agreement shall be entitled to make any of the parties.
The party receiving the written notice of the commencement of negotiations on the other hand, is obliged to commence negotiations within seven days.
On behalf of the workers the right to collective bargaining is provided to representatives of workers referred to in article 2 of this law. (As amended by the Federal law of 24.11.95 N 176-FZ)

If your organization, federal, sectoral, professional and other levels of several workers ' representatives will each have the right to negotiate on behalf of them being joined by or submitted to the members of the Trade Union of workers. (As amended by the Federal law of 24.11.95 N 176-FZ) on behalf of the employers of the right to collective bargaining is provided to representatives of employers referred to in article 2 of this law. (Amended by Federal Act from 24.11.95 N 176-FZ) Employers, executive authorities and bodies of local self-government shall be obliged to negotiate on economic and labor issues proposed for consideration by the employee representatives. (As amended by the Federal law of 24.11.95 N 176-FZ) within the three months preceding the expiry of the previous collective treaty or agreement, or within the time frame defined by these documents, any of the parties is entitled to send to the other party written notice of the commencement of negotiations on the conclusion of a new collective agreement.
Article 7. Conduct of negotiations For collective bargaining and to prepare a draft collective agreement, agreement, the Parties shall form a Commission on an equal footing from a suitably mandated representatives.
The composition of the Commission, dates, place and agenda of the negotiations is determined by decision of the parties.
The parties involved in the negotiations have complete freedom in selecting and discussing issues that make up the content of the collective treaty or agreement.
Executive authorities, local self-government bodies and representatives of employers should provide workers ' representatives with information required for collective bargaining. The negotiators, other individuals associated with the negotiations shall not disclose the information if they are proprietary or a trade secret. Person disclosing this information shall bear responsibility in the manner prescribed by law. (As amended by the Federal law of 24.11.95 N 176-FZ) If, during negotiations, the parties were unable to agree on all issues under consideration or on the part of these issues, a protocol of disagreements. (As amended by the Federal law of 24.11.95 N 176-FZ), time of signing of the collective agreement, agreement, disagreements is when the collective negotiations on the conclusion of a collective treaty or agreement. (Amended by Federal Act from 24.11.95 N 176-FZ) Article 8. Dispute resolution settlement of disputes during collective negotiations is in accordance with the Federal law "on the procedure for settling collective labour disputes". (As amended by the Federal law of 24.11.95 N 176-FZ) Article 9. Guarantees and compensation for persons involved negotiations in collective bargaining, drafting collective treaties and agreements, as well as the specialists invited to participate in this work, are exempt from the basic work with maintaining the average wage for a period of not more than three months during the year. All costs related to participation in the negotiations, are compensated in the manner provided for in labour legislation, collective agreement, agreement.
Remuneration of the invited expert by agreement of the parties and conciliators shall be made by agreement with them, Executive authorities'organs and local self-governing organs, their employers, their associations, other authorized organs of employers.
Representatives of trade unions and their associations, bodies of public initiative, participating in collective bargaining, in the period of reference cannot be without prior consent authorizing them to represent the body subjected to disciplinary punishment, transferred, displaced or dismissed on the initiative of the administration.
(Article in the Editorial Office of the Federal law dated 24.11.95 g. N 176-FZ), chap. III. Collective agreement Article 10. The right to decide on the need to conclude a collective agreement decide whether collective bargaining with the employer is entitled to take representatives of the employees or the general meeting (Conference) of the employees of the organization. (As amended by the Federal law of 24.11.95 N 176-FZ), Article 11. The parties to a collective agreement, the parties to a collective agreement are employees of the Organization in the face of their representatives and the employer, where appropriate, to be submitted to the head of the organization or other authorized in accordance with the Charter of the United Nations, another legal act of the person. (As amended by the Federal law of 24.11.95 N 176-FZ) Article 12. The order and timing of development and collective bargaining Procedure, deadlines for drafting and concluding a collective agreement, the composition of the Commission, provided for in article 7 of this law, venue and agenda for negotiations are being identified by the parties and are issued the order on the organisation and the decision of the representatives of the workers. (As amended by the Federal law of 24.11.95 N 176-FZ)

Publication date agreed with the appropriate representative of the employees of the formation of the Commission provided for in article 7 of this law, is the start of collective bargaining. (Amended by Federal Act from 24.11.95 N 176-FZ) If by the Act at the same time, a number of representatives, within five calendar days formed a single representative body for negotiating, developing a common project and to conclude a single collective agreement. (As amended by the Federal law of 24.11.95 N 176-FZ) a single draft collective agreement is subject to the obligatory discussion of employees in company offices and finalized, taking into account the comments received, suggestions, additions. Modified single project is approved by the general meeting (Conference) of the employees of the Organization and shall be signed by the common representative body of all participants. (As amended by the Federal law of 24.11.95 N 176-FZ) If no agreement is reached within a single representative body or, where such a body has not been created, the general meeting (Conference) of the employees of the organization may take the most acceptable draft collective agreement and request the representative of employees razrabotavshemu this draft, negotiate and conclude after approval by the general meeting (Conference) of the collective agreement on behalf of the employees of the organization. (As amended by the Federal law of 24.11.95 N 176-FZ) If a single representative body is not created, workers ' representatives have the right to negotiate and conclude collective agreements on behalf of represented employees or propose to enter into the application to a single collective agreement protecting the specific interests submitted to professional workers. The appendix is an integral part of the collective agreement and has equal legal force with him. (As amended by the Federal law of 24.11.95 N 176-FZ), the employer must provide the worker representatives the opportunity to bring their projects to a collective agreement to each employee, provide the means of internal communication and information reproduction and other office facilities for after-hours meetings, consultations, space for the booths. (As amended by the Federal law of 24.11.95 N 176-FZ) collective agreement signed by the parties within seven days of applications shall be sent to the employer at the appropriate authority at the location of Labour Organization for notification registration. (As amended by the Federal law of 24.11.95 N 176-FZ) Article 13. The content and structure of the content and structure of the collective agreement the collective agreement identifies the parties.
The collective agreement may include reciprocal obligations of the employer and employees on the following issues: the shape, the system and pay cash rewards, benefits, compensation, surcharge;
the mechanism of regulation of remuneration on the basis of price increases, inflation, achievement, as defined by the collective agreement;
employment, retraining, conditions of release;
working time and rest periods, leave;
improvement of working conditions and labour protection of workers, including women and young people (teenagers);
voluntary and compulsory health and social insurance;
observance of interests of employees during the privatization of the enterprise, departmental housing;
environmental safety and health of workers at work;
benefits for employees, combining work with training;
monitoring of the implementation of the collective agreement, the procedure for making changes and additions, the responsibility of the parties, social partnership, ensuring normal conditions of operation of the workers ' representatives; (As amended by the Federal law of 24.11.95 N 176-FZ) abandoning strike under the conditions included in this collective agreement, with the timely and full implementation.
In the collective agreement, taking into account the economic possibilities of the organization may be held by others, including more favourable employment and socio-economic conditions compared with the rules and regulations established by the legislation and agreements (additional leave, pension allowances, early retirement, compensation for transport and travel allowances, free or subsidised food workers in the workplace and their children in schools and pre-school institutions other additional benefits and compensation). (As amended by the Federal law of 24.11.95 N 176-FZ) in the collective agreement if the provisions are included in existing laws provides direct requirement on mandatory consolidation of these provisions in the collective agreement.
Article 14. Effect of the collective agreement the collective agreement is concluded for a period of one to three years.
Collective agreement enters into force from the date of its signing by the parties or from the date specified in the collective agreement, and is valid for the entire period.

Upon the expiry of the collective agreement is valid until the parties enter into a new or changed, will complement the current.
Collective agreement retains its action in the event of a change in the composition, structure, naming authority to manage the Organization, termination of a labour agreement (contract) with the head of the organization. (As amended by the Federal law of 24.11.95 N 176-FZ) in reorganization of the Organization of collective agreement retains its effect on restructuring period, then may be revised at the initiative of one of the parties. (As amended by the Federal law of 24.11.95 N 176-FZ) when changing the owner of the property of the Organization activity of the collective agreement shall be maintained for a period of three months. During this period, the parties have the right to commence negotiations on a new collective agreement or continuation, amending and supplementing existing. (As amended by the Federal law of 24.11.95 N 176-FZ) during the revision of the collective agreement should be resolved the question of the possibility of maintaining incentives for employees and other conditions stipulated by the previous collective agreement.
When the liquidation of the Organization in the manner and under the conditions established by law, a collective agreement is valid for the duration of the liquidation. (As amended by the Federal law of 24.11.95 N 176-FZ) Article 15. Changes and additions to the collective agreement changes and additions of the collective agreement during the term of its validity are made only by mutual agreement of the parties in the manner provided in the collective agreement, and if it is not defined-in the manner prescribed by this Act for its conclusion.
Article 16. Guarantees in case of liquidation of the organization when an organization claims employees collective agreement are met out of the assets of liquidating the Organization in accordance with applicable civil law. The size of the funds allocated for workers ' claims is defined and distributed to the offices and among workers by the liquidation Commission in consultation with representative workers that are signatories to the collective agreement with applications. (As amended by the Federal law of 24.11.95 N 176-FZ) Article 17. Monitoring of the implementation of the collective agreement of monitoring of the collective agreement is implemented by the parties and their representatives, as well as labour bodies. (As amended by the Federal law of 24.11.95 N 176-FZ) in monitoring the Parties shall provide all the necessary information they have.
Signatories to a single collective agreement, annually or within the time limits provided for in the collective agreement, report on its implementation to the general meeting (Conference) of the employees of the organization. (As amended by the Federal law of 24.11.95 N 176-FZ), chap. IV. Article 18 of the agreement. Types of agreements, depending on the scope of regulated socio-labour relations can be agreement: General, regional, branch (cross-sectoral) tariff, tariff professional, territorial and other.
General Agreement establishes general principles of regulation of social and labour relations at the federal level. Regional agreement establishes general principles of regulation of social and labour relations at the level of the constituent entities of the Russian Federation.
Branch (cross-sectoral) tariff agreement sets pay rates and other conditions of work, as well as social guarantees and benefits for the employees of industries (industries).
Professional tariff agreement sets pay rates and other conditions of work, as well as social guarantees and benefits for workers in certain occupations.
Territorial agreement establishes the working conditions, as well as social guarantees and benefits associated with territorial features of city, district and other administrative-territorial unit.
Agreement by agreement of the parties involved in the negotiations may be bilateral and trilateral.
Agreements providing for full or partial funding, are when the compulsory participation of representatives of the relevant bodies of executive power.
(Article in the Editorial Office of the Federal law dated 24.11.95 g. N 176-FZ) Article 19. The participants of the agreements at the federal level may act as parties to agreements: the-all-Russian Association of trade unions; All-Russian employers ' Association; The Government Of The Russian Federation;
sectoral (inter-branch) tariff-related Russian trade unions and their associations; All-Russian employers ' Association, other authorized employers representative bodies; the Federal Executive authority authorized in respect of employment and occupation; (As amended by the Federal law dated 06/29/2004 N 58-FZ) professional tariff-related trade unions and their associations; the relevant employers ' associations, other authorized employers representative bodies; appropriate body for labour.

At the level of the constituent entities of the Russian Federation and administrative-territorial formations comprising the constituent entities of the Russian Federation by the parties to the agreements may address: regional-relevant trade unions and their associations; employers ' associations, other authorized employers representative bodies; the Executive authority of the constituent entities of the Russian Federation;
sectoral (inter-branch) tariff, tariff-related professional unions and associations; employers ' associations, other authorized employers representative bodies; the labour authority of the Russian Federation;
territorial-relevant trade unions and their associations; employers ' associations, other authorized employers representative bodies; the relevant local authority.
(Article in the Editorial Office of the Federal law dated 24.11.95 g. N 176-FZ), Article 20. Procedure and deadlines for the development and conclusion of the agreement procedure, terms the development and conclusion of the agreement, determined by the Commission under article 7 of this law, and shall be documented.
If there are several representatives at the appropriate level of workers the Commission employees shall be determined by agreement between the representatives.
A draft agreement is being developed by the Commission and signed by the representatives of the parties.
If no agreement has been reached within seven days, workers ' representatives have the right to negotiate and conclude the agreement on behalf of their employees.
The parties signed the agreement with applications in seven-day's term shall be sent to the representatives of the employers party to the agreement concluded at the federal level, the Federal Executive authority authorized in respect of employment and occupation, and the agreement at the level of the constituent entities of the Russian Federation, the labour authority of the Russian Federation for the notification registration. (As amended by the Federal law dated 06/29/2004 N 58-FZ) in the implementation of the notification of registration of a bilateral agreement by the labour authority (which is not a party to the agreement) brings out the terms of the agreement, the legislation on labour, and shall inform the parties of the agreement on the revealed contradictions.
The same procedure applies in the case of changes or additions to the agreement.
(Article in the Editorial Office of the Federal law dated 24.11.95 g. N 176-FZ) Article 20-1. The Russian Tripartite Commission on regulation of socio-labour relations to ensure the regulation of social and labour relations, collective bargaining and to prepare a draft general agreement creates a permanent Russian Tripartite Commission on regulation of socio-labour relations, which is carried out in accordance with the Federal law of the Russian Tripartite Commission on regulation of socio-labour relations. (Article supplemented by federal law from 24.11.95 N 176-F3; as amended by federal law from 01.05.99 N 93-FZ), Article 21. Content the content of agreements agreements shall be determined by the parties.
Agreements may contain provisions on payment conditions and labour protection, working and rest time regime;
on the mechanism of regulation of remuneration on the basis of price increases, inflation, achievement, specific agreement;
on the compensatory nature of the regulation, the minimum size stipulated by the legislation;
employment promotion, training of employees;
on ensuring environmental safety and health protection of workers at work;
Special events for the social protection of workers and members of their families;
the interests of the employees during the privatization of State and municipal enterprises;
the benefits for businesses creating new jobs with the employment of disabled persons, youth (including teenagers);
on the development of social partnership and tripartite cooperation, making changes and additions to the agreement, accession, promotion of collective bargaining, the prevention of labour disputes and strikes, on the strengthening of labour discipline. (As amended by the Federal law of 24.11.95 N 176-FZ) agreements may contain provisions on other labour and socio-economic issues, which do not contradict the legislation.
Article 22. The scope of the agreement, the agreement shall enter into force from the moment of its signing by the parties or from the date specified in the agreement.
Duration of the agreement and the procedure for its implementation shall be specified by the parties in the agreement. Duration of the agreement may not exceed three years.
The agreement applies to employees, employers, government authority that authorized parties to the agreement to develop and conclude it on their behalf.
In cases where workers at the same time subject to different agreements are most favourable to workers terms of agreements. (Amended by Federal Act from 24.11.95 N 176-FZ)

In cases where the federally negotiated branch (cross-sectoral) tariff agreement, professional tariff agreement, the scope of which is not less than 50 per cent of workers in the sector (industries), profession, head of federal body of executive power with a mandate in the field of labour and employment has the right to offer employers, not participating in the conclusion of the agreement, to accede to it. (Amended by Federal Act from 24.11.95 g. N 176-F3; as amended by the Federal law dated 06/29/2004 N 58-FZ) if employers or the employees ' representatives within 30 calendar days from the receipt of the proposals have not expressed their opposition to join it, the agreement is considered common to employers from the receipt of the proposal. (Amended by Federal Act from 24.11.95 N 176-FZ), Article 23. Changes and additions to the agreement changes and additions to the agreement shall be made by mutual consent of the parties in the manner specified in the agreement, and if it is not defined-in the manner prescribed by this Act for its conclusion.
Article 24. Monitoring of the implementation of the agreements, monitoring of agreements at all levels is carried out by the parties and their representatives, as well as relevant bodies on the work. (As amended by the Federal law of 24.11.95 N 176-FZ) in monitoring the Parties shall provide all the necessary information they have.
Chapter v. Responsibility Article 25. (Repealed from 01.07.2002-the Federal law dated out N 196-FZ) Article 26. Responsibility for the violation and the failure of the collective treaty or agreement, (part of the void from 01.07.2002-the Federal law dated out N 196-FZ) at the request of the representatives of employees, the owner is obliged to take the measures provided for by law, the head of the fault which is being, or is not within the terms of the collective agreement.
(Article in the Editorial Office of the Federal law dated 24.11.95 g. N 176-FZ), Article 27. (Repealed from 01.07.2002-the Federal law dated out N 196-FZ) Article 28. (Repealed from 01.07.2002-the Federal law dated out N 196-FZ), the President of the Russian Federation, b. YELTSIN Moscow, Russia March 11, 1992 House Tips N 2490-(I)