On Introducing Changes And Additions Into The Law Of The Russian Federation On Collective Agreements

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "О коллективных договорах и соглашениях"

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Overtaken by force-Federal Law of June 30, 2006 N 90-FZ RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Law of the Russian Federation "On Collective Contracts and Agreements" Accepted by the State Duma on 20 October 1995, . N196-FZ) Article 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation, 1992, 890) the following changes and additions: 1. In article 1: , in the first word of "labour relations", replace the words "social and labour relations"; part two, as follows: " The Act applies to all employers, workers, employers 'and employees' representatives, as well as executive and local government bodies. ". 2. Article 2 should read as follows: "C t I am 2. Basic concepts Collective agreement-legal act governing social and labor relations and concluded by employees of the organization, branch office, representation (hereinafter referred to as") Employees of the organization) with the employer. Agreement is a 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 bodies, other legal acts of the person, the plenipotentiary bodies of employers ' associations and other authorized bodies of the employers." 3. In article 3, first paragraph, replace the word "enterprises" with the word "employers". 4. In article 5: Replace "management" with "local authorities"; to supplement article 3 with the following article: " Negotiation and conclusion shall not be permitted Collective agreements and agreements on behalf of employees by persons representing employers. ". 5. In article 6: parts three and four, as follows: " On behalf of employees, the right to collective bargaining shall be granted to the representatives of the employees referred to in article 2 of this Law. With the presence of several representatives of employees in the organization, at the federal, sectoral, professional and other levels, each of them is entitled to negotiate on behalf of the members of the union, or provided by the employees. "; to supplement the article with a new part of the fifth reading: " On behalf of employers, the right to collective bargaining shall be granted to the representatives of the employers referred to in article 2 of this Law. "; part five and sixth shall count as appropriate of the sixth and seventh parts; of the sixth preambular paragraph: " Employers, bodies of the executive and local self-government bodies are obliged to negotiate the social and labour questions proposed for Representatives of employees. " 6. In article 7: parts of the fourth and fifth version: " The executive authorities, local authorities and representatives of employers shall provide employees with their own employees. Information needed 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. If, during the negotiations, the parties were unable to reach agreement on all or part of the issues under consideration, they shall draw up a protocol of disagreement. "; to supplement article 6 with the following: "The moment of signing a collective agreement, agreement, a protocol of disagreement is the moment when collective bargaining is concluded, the collective agreement, the agreement." 7. Article 8 should read: " C t I am 8. Resolution of disagreements Settlement of disagreements during collective bargaining shall be in accordance with the Federal Law " of collective labour disputes".". 8. Article 9 should read: " C t I am 9. Safeguards and compensation for the duration of the negotiations Persons participating in collective bargaining, drafting of collective agreements and agreements, as well as specialists invited to participate in this work, are exempted from substantive work with the average salary for a period of not more than three months during the 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 mediators are made by agreement with them by the executive authorities and local self-government bodies, employers, their associations and other authorized employers the authorities. 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 other work, moved or dismissed at the initiative of the administration. ". 9. Article 10 should be amended to read: " C t I am 10. The right to decide on the necessity of the conclusion of a collective agreement The decision on whether to conclude a collective agreement with the employer is entitled to receive representatives of the employees or the general meeting (conference) employees of the organization. ". 10. Article 11 should read: " C t I am 11. Parties to a collective agreement Parties to a collective agreement shall be employees of the organization represented by their representatives and the employer, where appropriate, by the head of the organization or other competent authority, in accordance with by the statutes of the organization, by another legal act of the person. ". 11. In article 12: in the first word "enterprise and decision of a trade union, another representative of a representative body" shall be replaced by the words "the organization and decision of the employees ' representatives."; Part Two: "The date of publication of an order agreed upon by the relevant representative of the employees to form a commission provided for in article 7 of this Law is the moment when collective bargaining begins."; parts two to seventh are considered as parts, respectively the third is the eighth; part three, as follows: " If several representatives speak at the same time, they shall form a single representative body within five calendar days. Negotiation, elaboration of a single draft and conclusion of a single collective agreement. "; , in part four of the word" work collective ", replace the words" employees of the organization "with the word" united "; parts five and six should be redrafted to read: " If an agreement is not reached in a single representative body or when such a body is not established, the general meeting (s) of the employees of the organization may adopt the most appropriate draft collective agreement and authorize the representative The employees who drafted this project will negotiate and conclude a collective agreement on behalf of the employees of the organization after approval by the general meeting (conference). 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 a contract that protects the specific interests of employees ' occupational groups. The annex is an integral part of the collective agreement and has an equal legal effect. "; Employees "; part eight, as follows: " Signed by the parties, collective agreement with applications within seven days is sent by the employer to the appropriate labour authority at the location of the organization for notifying registration. ". 12. In article 13: paragraph 11 of the second paragraph, amend to read: " Monitoring of the implementation of the collective agreement, the procedure for amending and supplementing it, the responsibility of the parties, social partnership, Normal operation of employees ' representatives; "; , in Part Three, the word" enterprises "should be replaced with the word" organizations ". 13. In the text of article 14, the word "enterprise" should be replaced by the word "organization". 14. Article 16 should be amended to read: " C t I am 16. Guarantees in the liquidation of the organization In liquidation of the organization, claims of employees under a collective contract are satisfied from the property of the dissolved organization in accordance with the applicable civil law. 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. applications. ". 15. In article 17: Part One is as follows: "The implementation of the collective agreement is exercised by the parties and their representatives, as well as by the labour authorities."; , in Part Three, after the word "Signers" to be supplemented with the word "collective", the words "work collective" should be replaced by "employees of the organization". 16. Article 18 should read: " C t I am 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 labour 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. The agreements providing for full or partial budgetary funding are concluded with the mandatory participation of representatives of the relevant executive authorities. ". 17. Article 19 should read: " C t I am 19. Parties to the Agreements At the federal level, the participants in the agreements may be: General-All-Russian Union of Trade Unions; All-Russian employers ' associations; the Government of the Russian Federation; sectoral (cross-sectoral) tariff-relevant All-Russian trade unions and their associations; All-Russian associations of employers, other authorized employers of representative bodies; Ministry of Labour of the Russian Federation; professional tariff-matching Trade unions and their associations; relevant employers ' associations, other authorized employers, 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 appropriate local authority. ". 18. Article 20 should read: " C t I am 20. The procedure and timing for the development and conclusion of the agreement The procedure, the time frame for the development and conclusion of the agreement shall be determined by the commission prescribed by article 7 of this Law and shall be shaped by its decision. If there are several representatives of employees at the appropriate level, the members of the commission shall be determined by agreement between the 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 with the parties signed by the parties within seven days is sent by representatives of the employers-parties to the agreement concluded at the federal level-to the Ministry of Labour of the Russian Federation, and the agreements, OF THE PRESIDENT OF THE RUSSIAN FEDERATION When implementing a notification registry 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 legislation and notify the parties to the agreement of the identified agreements. Discreations. The same order applies if you make changes or additions to the agreement. ". 19. Supplement the Law with Article 20-1 as follows: " C t I am 20-1. Russian Tripartite Commission on the regulation of social and labor relations To ensure the regulation of social and labor relations, collective bargaining and preparation of the draft general agreement There is a permanent Russian tripartite commission on the regulation of social and labor relations, which includes representatives of the federal government bodies, representatives of the All-Russian trade union associations, representatives of the Russian Federation and representatives of the Russian Federation. All-Russian employers ' associations. The position of the Russian Tripartite Commission on the regulation of social and labor relations and the commission coordinator is approved by the President of the Russian Federation. ". 20. Paragraph 10 of article 21, paragraph 2, should read as follows: " on the development of social partnership and triangular cooperation, the procedure for amending and supplementing the agreement, acceding to it, and facilitating the conclusion of Collective agreements, the prevention of labour disputes and strikes, the strengthening of labour discipline. ". 21. Article 22 should be supplemented by Parts 4, 5 and 6, which read: " In cases where workers are simultaneously subject to different agreements, the terms of the agreements are the most favourable for workers. Where a sectoral (cross-sectoral) tariff agreement has been concluded at the federal level, a professional tariff agreement with not less than 50 per cent of the industry (s) The Minister of Labour of the Russian Federation has the right to propose to employers who have not participated in the conclusion of this agreement to accede to it. If the employers or the relevant employees 'representatives within 30 calendar days of receipt of the proposal did not declare their opposition to join it, the agreement is considered to be common to the employers' data. since the receipt of the proposal. ". 22. Article 24, paragraph 1, should read as follows: "The implementation of agreements at all levels shall be monitored by the parties and their representatives, as well as by the relevant labour authorities.". 23. (Spconsumed by Federal Law of 30 December 2001) N196-FZ) 24. Article 26 should read: " C t I am 26. Liability for violation or non-compliance of the collective agreement, agreements (Uexpuned--Federal Law 30.12.2001 N 196-FZ ) On the demand of workers ' representatives, the owner is obliged to take the measures provided for by law to the leader, who is responsible for the breach of the terms of the collective agreement. " 25. (Spconsumed by Federal Law of 30 December 2001) N196-FZ) 26. (Spconsumed by Federal Law of 30 December 2001) N 196-FZ) Article 2. This Federal Law shall enter into force on the date of its official publication. Article 3. Invite the President of the Russian Federation and instruct the Government of the Russian Federation and the State authorities of the constituent entities of the Russian Federation to bring their legal acts into conformity with this Federal Law within three years. months from the date of its entry into force. President of the Russian Federation B. Yeltsin Moscow, Kremlin 24 November 1995 N 176-FZ