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"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102038358

Expired-the Federal law from 30.06.2006 N 90-FZ of the RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the law of the Russian Federation on collective agreements adopted by the State Duma on October 20, 1995 onwards (as amended by federal law from out N 196-FZ), Article 1. To the law of the Russian Federation on collective agreements "(records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 17, p. 890) the following amendments and supplements: 1. Article 1: in the first part the words" labour relations "were replaced by the words" social and labour relations ";
Part II shall be amended as follows: "the law 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.
2. Article 2 shall be amended as follows: "s t a t b I 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 organs. "employers.
3. In the first part of article 3, the word "enterprises" should be replaced by "employers".
4. In article 5: the word "management" should be replaced by the words "local self-governing bodies";
supplement article part 3 as follows: "not allowed to negotiate and conclude collective contracts and agreements on behalf of persons representing employers.
5. In article 6: parts of the third and the fourth shall be reworded as follows: "on behalf of employees the right to bargain collectively is provided to representatives of workers referred to in article 2 of this law.
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 workers. ";
supplement article new paragraph 5 reading as follows: "on behalf of the employers of the right to collective bargaining is provided to representatives of employers referred to in article 2 of this Act.";
part of the fifth and sixth take respectively the sixth and seventh instalments;
the sixth part shall be reworded as follows: "employers, executive authorities and bodies of local self-government shall be obliged to negotiate on economic and labor issues proposed for consideration by the workers ' representatives.".
6. In article 7: parts of the fourth and fifth shall be reworded as follows: "the 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.
If, during negotiations, the parties were unable to reach agreement on all issues under consideration or on the part of these issues, a protocol of disagreements. "
supplement article part of sixth reading: "at the time of signature of the collective agreement, agreement, disagreements is when the collective negotiations on the conclusion of a collective treaty or agreement."
7. Article 8 shall be amended as follows: "s t a t b I 8. Dispute resolution settlement of disputes during collective negotiations is in accordance with the Federal law "on the procedure for settling collective labour disputes".
8. Article 9 shall be amended as follows: "s t a t b I 9. Guarantees and compensation during negotiations

Persons involved 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. "
9. Article 10 shall be amended as follows: "s t a t b I 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 workers organization. ".
10. Article 11 shall be amended as follows: "s t a t b I 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. ".
11. Article 12: in the first part of the word "enterprise and the Union's decision, other authorized representative body of workers" were replaced by the words "the Organization and the decision of the workers ' representatives.";
supplement article new part 2 to read as follows: "date of issue consistent 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."
part of the second-seventh count respectively parts of the third to eighth;
part three shall be amended as follows: "If employees serve multiple representatives, within five calendar days formed a single representative body for negotiating, developing a common project and to conclude a single collective agreement.";
in the fourth part of the phrase "workforce" were replaced by the words "employees of the Organization", the word "joint" should be replaced by the word "single";
part of the fifth and sixth shall read as follows: "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.
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. ";
in the seventh part of the words "trade unions, other authorized workers representative bodies" were replaced by the words "worker representatives";
part of the eighth worded as follows: "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 of registration."
12. Article 13: paragraph eleven of part 2 shall be amended as follows: "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";
in part three, the word "enterprise" should be replaced by the word "organization".
13. In article 14, the word "enterprise" should be replaced by the word "organization" in the appropriate case.
14. Article 16 shall be amended as follows: "s t a t b I 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 the application. ".
15. In article 17: first part shall be amended as follows:

"Monitoring of the implementation of the collective agreement is implemented by the parties and their representatives, as well as labour authorities.";
in the third part, after the word "signatories" to supplement the word "single", "workforce" were replaced by the words "employees of the Organization".
16. Article 18 shall be amended as follows: "s t a t b I 18. 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. "
17. Article 19 shall be amended as follows: "s t a t b I 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 Ministry of labour of the Russian Federation;
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.
18. Article 20 shall be amended as follows: "s t a t b I 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 Ministry of labour of the Russian Federation and agreement at the level of the constituent entities of the Russian Federation, the labour authority of the Russian Federation for the notification registration.
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. "
19. To complement the law article 20-1 as follows: "t s t b I 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 formed a permanent Russian Tripartite Commission on regulation of socio-labour relations, which includes representatives of the federal bodies of State authorities, representatives of Russian associations of trade unions and representatives of employers ' associations nationwide.
The situation of the Russian Tripartite Commission on regulation of socio-labour relations and coordinator of the Commission were approved by the President of the Russian Federation. "
20. Paragraph 10th part two article 21 shall be amended as follows: "on the development of social partnership and tripartite cooperation, the procedure for changes and supplements to the agreement, accession, promotion of collective bargaining, the prevention of labour disputes and strikes, on the strengthening of labor discipline.".
21. Article 22 supplement parts of the fourth, fifth and sixth as follows: "in cases where workers at the same time subject to different agreements are most favourable to workers terms of agreements.
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, Minister of labour of the Russian Federation has the right to offer employers, not participating in the conclusion of the agreement, to accede to it.
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.
22. the first part of article 24 shall be amended as follows: "monitoring of agreements at all levels is carried out by the parties and their representatives, as well as relevant bodies to work."
23. (repealed-federal law N 196 out-FL) 24. Article 26 shall be amended as follows: "t s t b I 26. Responsibility for violation of or failure to comply with the collective agreement, agreement (lost effect-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.
25. (repealed-federal law out N 196-FZ) 26. (Repealed-federal law out N 196-FZ), Article 2. This federal law shall enter into force on the day of its official publication.
Article 3. The President of the Russian Federation and to entrust the Government of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation to bring its normative acts in compliance with this federal law within three months from the date of its entry into force.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 176 November 24, 1995-FZ