On A Procedure For Settling Collective Labour Disputes

Original Language Title: О порядке разрешения коллективных трудовых споров

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Overtaken by force-Federal Law of June 30, 2006 N 90-FZ RUSSIAN FEDERATION FEDERAL LAW On the procedure for resolving collective labour disputes Adopted by the State Duma on 20 October 1995 class="ed">(In the version of federal laws of 06.11.2001) N 142-FZ; dated 30.12.2001 N 196-FZ Chapter 1. GENERAL PROVISIONS Article 1. The purpose and scope of this Federal Law 1. This Federal Act sets out the legal framework, procedure and methods for settling collective labour disputes, as well as the procedure for the exercise of the right to strike in the Russian Federation in the course of the resolution of a collective labour dispute. 2. The rules set out in this Federal Act apply to all employees, employers and associations of employees and employers and their competent authorities. 3. The resolution of collective labour disputes arising from the collective protection of individual labour rights is not the subject of this Federal Act. 4. The Federal Act may impose a different procedure for the resolution of collective labour disputes and restrictions on the exercise of the right to strike, to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and the right to strike. the legitimate interests of other persons, the defence of the country and the security of the State. Article 2. Basic concepts 1. Collective labour dispute-unresolved differences between workers and employers (hereinafter referred to as the parties) concerning the establishment and modification of working conditions (including wages), the conclusion, modification and implementation of collective agreements; Agreements on social and labour relations. 2. The conciliation procedure is to consider a collective labour dispute with the aim of resolving it by the conciliation commission, the parties with the participation of the mediator, in the labour arbitration. 3. Representatives of employees-bodies of trade unions and their associations authorized to representation in accordance with their statutes, bodies of social activity formed at a meeting (conference) of employees of the organization, branch, of the Permanent Mission of the 4. 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 employers of the bodies. 5. The moment of the beginning of the collective labour dispute is the day of the communication of the employer's decision to reject all or part of the employee's claims or to incommunication by the employer in accordance with article 4 of this Federal Law of its decision, as well as the date The drafting of a protocol of differences in the course of collective bargaining. 6. A strike is a temporary voluntary refusal by workers to perform labour duties (in whole or in part) to resolve a collective labour dispute. Chapter 2: { \field { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \b Worker Requirements } 1. Workers and their representatives have the right to make claims. 2. The requirements of the employees of the organization, the branch office, and representation are nominated at a meeting (conference) by the majority of the employees. Together with demands, employees shall elect their own plenipotentiaries to participate in the settlement of the collective labour dispute. 3. The representatives of the employees shall submit the requirements in accordance with the procedure established by the statute or by the decision of the meeting (conference) of the employees who has formed a representative body. 4. The employer is obliged to provide the employees or representatives of employees with the necessary space for the meeting (s) on demand and shall not obstruct the meeting. 5. When making the same requirements by different representatives of employees, they are entitled to form a single body to participate in the resolution of this collective labour dispute. 6. The requirements are set out in writing and sent to the employer. 7. A copy of the written request may be sent to the Collective Labour Dispute Resolution Service (hereinafter referred to as the Service). In this case, the Service is required to verify the receipt of the claims by the other party. Article 4. Review of employees ' claims The employer is required to accept the employee's claims and inform the employee in writing within three working days of receipt requirements. Article 5. Primitive procedures 1. The procedure for settling a collective labour dispute consists of the following stages: consideration of a collective labour dispute by conciliation commission, consideration of a collective labour dispute with the participation of the conciliator and (or) in the labour arbitration. 2. The consideration of a collective labour dispute by the conciliation commission is a compulsory stage. In the absence of an agreement in the conciliation commission, the parties to the collective labour dispute shall move to a collective labour dispute with the participation of the conciliator or to the consideration of a collective labour dispute in the labour arbitration. 3. Workers have the right to hold meetings, rallies, demonstrations and pickets in accordance with the law in support of their claims during the resolution of collective labour disputes. 4. Each party may, at any time after the beginning of a collective labour dispute, request the Service for the notification of the dispute. 5. Neither party to a collective labour dispute has the right to refuse to participate in conciliation proceedings. 6. The representatives of the parties, the conciliation commission, the mediator, the labour court, the Service are obliged to use all the possibilities provided by the law for the resolution of the collective labour dispute that has arisen. 7. The duration of the proceedings shall be carried out within the time limits stipulated in articles 6 to 8 of this Federal Law. If necessary, the deadlines for conciliation procedures may be extended by agreement of the parties to the collective labour dispute. Article 6. Review of the collective labour dispute by the Conciliation Commission 1. The conciliation commission shall be set up within three working days from the beginning of the collective labour dispute and shall be processed by an order of the employer and by the decision of the representative of the employees. 2. The conciliation commission shall be composed of representatives of the parties on an equal basis. The Employer is not in a position to evade the establishment of a conciliation commission and to participate in its work. 3. The employer shall create the necessary conditions for the work of the conciliation commission. 4. The collective labour dispute should be reviewed by the conciliation commission within five working days of the issuance of the order for its establishment. 5. The decision of the conciliation commission shall be made by agreement of the parties, shall be established by a protocol, shall be binding on the parties and shall be executed in the order and time set by the decision. 6. In the absence of an agreement in the conciliation commission, the parties continue conciliatory procedures with the participation of the conciliator or in the labour arbitration. 7. In the absence of an agreement on the use of conciliation following a collective labour dispute by the conciliation commission, the parties must proceed with the establishment of a labour arbitration. Article 7. Consider a collective labour dispute with broker participation 1. Under the agreement of the parties, a conciliator may be invited to consider a collective labour dispute, independently of the Service or upon the recommendation of the Service. 2. If the parties to the Service have not reached an agreement within three working days from the date of their application to the Service, he shall be appointed by the Service. 3. The procedure for the consideration of a collective labour dispute with the participation of the conciliator shall be determined by the conciliator upon agreement with the parties to the collective labour dispute. 4. The mediator has the right to request and receive from the employer the necessary documents and information concerning the collective labour dispute. 5. Consideration of a collective labour dispute with the participation of the conciliator shall be completed within seven calendar days of the date of the invitation (s) and shall be completed by an agreed decision in writing or by drawing up a protocol. disagreement. Article 8. Consideration of a collective labour dispute in work arbitration 1. Labour arbitration is a temporary collective labour dispute body established by the parties to a collective labour dispute and the Service within three working days of the completion of the proceedings a collective labour dispute by a conciliation commission or mediator. 2. Labour arbitration is formed by agreement of the parties, composed of three persons from the labour arbitrators recommended by the Service or by the parties to the collective labour dispute. The representatives of the parties to the collective labour dispute may not be a member of the labour tribunal. 3. The creation of a labour arbitration, its composition, regulations, powers shall be given by the relevant decision of the employer, the representative of the employees and the Service. 4. The collective labour dispute shall be considered in the labour arbitration with the participation of the representatives of the parties up to five working days from the date of its establishment. 5. The Labour Court reviews the appeals of the parties; it receives the necessary documents and information concerning the collective labour dispute; informs the public authorities and local authorities, if necessary, of the possible The social consequences of a collective labour dispute; develops recommendations on the merits of a collective labour dispute. The Labour Arbitration Recommendations for the settlement of a collective labour dispute shall be submitted to the parties in writing and shall be binding on the parties if the parties have entered into a written agreement to implement them. Article 9. Workers ' guarantees in connection with the resolution of the collective labour dispute 1. Members of the conciliation commission, mediators, labour referees for the time of participation in the resolution of the collective labour dispute are exempted from the main work, with an average salary for a period of not more than three months within a year. 2. The representatives of trade unions, their associations and the bodies of social activity may not be subject to disciplinary action during the settlement of the collective labour dispute, and have been transferred to the collective labour dispute. Other work, has been moved or dismissed at the initiative of the Administration without the prior consent of the authority that authorized them to be represented. Article 10. Admisation of employer from participation and conciliation procedures 1. In cases where an employer fails to participate in the establishment or work of a conciliation commission, the collective labour dispute shall be submitted to the labour arbitration. 2. In cases of employer evasion from the creation of labour arbitration, the consideration of a collective labour dispute in labour arbitration and the implementation of its recommendations, if an agreement is reached to be bound by it, employees may proceed The holding of a strike. Article 11. The participation of the collective labour dispute resolution service in collective labour disputes 1. The Service is a public body that promotes collective bargaining through conciliation and participation. 2. Service: performs the notification of collective labour disputes; inspects the authority of representatives of the parties to the collective labor dispute; forms a list of brokers and Labour arbitrators; conducts training of mediators and labour arbitrators specializing in the settlement of collective labour disputes; identifies and summarizes the causes and conditions of collective labour disputes; prepares proposals for their elimination; provides Guidance to the parties at all stages of the collective labour dispute resolution; arranges for the financing of conciliation procedures in accordance with the established procedure; in cooperation with representatives of employees and employers, state authorities and local authorities. The Service acts in accordance with this Federal Act and the Service Regulations for the Settlement of Collective Labour Disputes. Employees of the Service enjoy the right to free, upon presentation of an established sample, visits to organizations, branches, representation for the settlement of collective labour disputes, identification and removal The causes of these conflicts. Article 12. Agreement in the course of collective labour disputes The agreement reached by the parties during the resolution of the collective labour dispute shall be made in writing and shall be binding on the parties. It is exercised by the parties to a collective labour dispute. Chapter 3: THE REALIZATION OF THE RIGHT TO WEST PRACTICTED Article 13. The right to strike 1. If the conciliation procedures do not resolve the collective labour dispute, or the employer avoids conciliation, it does not comply with the agreement reached in the course of the resolution of the collective labour dispute, the workers are entitled Use meetings, rallies, demonstrations, pickets, including the right to strike. 2. Article 37 of the Constitution of the Russian Federation recognizes the right of workers to strike as a means of settling a collective labour dispute. 3. Participation in a strike is voluntary. No one may be compelled to participate or refuse to take part in a strike. Persons who force workers to participate or refuse to participate in a strike are liable (disciplinary, administrative, criminal) in accordance with the procedure established by law. 4. Employers are not entitled to organize and participate in the strike. Article 14. A strike declaration 1. The decision to declare a strike is taken by a meeting (conference) of employees of the organization, branch, representation or trade union organization, union of trade unions. 2. A meeting (conference) of workers, a trade union organization, is considered to be entitled if at least two thirds of the total number of employees, members of a trade union organization (conference delegates) are present. The decision shall be deemed accepted if at least half of the participants present at the meeting (conference) voted for it. 3. After five calendar days of work, the conciliation commission may be declared a one-hour warning strike, to which the employer must be warned in writing not later than three working days. When carrying out a warning strike, the body leading the strike shall provide the minimum necessary work (services) in accordance with article 16, paragraphs 3 and 4, of this Federal Law. 4. The employer must be warned in writing not later than ten calendar days. 5. The decision to declare a strike specifies: list of differences between the parties that are the basis for the declaration and strike; date and time of the strike, its duration and estimated number participants; the name of the body heading the strike, the composition of the representatives of the employees who are authorized to participate in the conciliation procedures; suggestions for minimizing the necessary work (services) performed in the organization; branch office, during the period of the strike. 6. The employer warns of the upcoming strike by the Service. Article 15. The body leading the strike 1. The strike is headed by the elected body (conference) of the employees of the body or the relevant body of the union. 2. The body in charge of the strike has the right to convene meetings (conferences) of workers, to receive information from the employer on matters affecting the interests of employees, to bring in specialists for the preparation of opinions on contentious issues. 3. The body leading the strike has the right to suspend the strike. The resumption of the strike does not require the reexamination of the dispute by conciliation, mediator or labour arbitration. The employer and the Service shall be warned of the resumption of the strike not later than three working days. 4. The authority of the body leading the strike chosen by the meeting (conference) of the employees shall be terminated if the parties sign an agreement on the settlement of a collective labour dispute or in the event of a strike being recognized as unlawful, unless otherwise provided by the parties. was provided for by a meeting (conference). Article 16. The responsibilities of the parties during the strike 1. During the period of the strike, the parties must continue to resolve the collective labour dispute through conciliation. 2. The employer, the executive authorities, the local authorities and the body leading the strike are obliged to take measures that depend on them to ensure public order, the preservation of the organization's property and the branch, Mission and physical persons, as well as the work of machinery and equipment whose stop constitutes an immediate threat to the life and health of the people. 3. In organizations, branches, offices whose work relates to the safety of people, their health and the vital interests of society, the strike must be provided with a minimum of necessary work (services). List of minimum required works (services) in organizations, branches, representative offices whose activities are related to people's safety, health and vital interests of society (hereinafter referred to as "list of works") The minimum necessary work (services) in each branch (sub-sector) of the economy is developed and approved by the federal executive branch, which is responsible for coordinating and regulating activities in the relevant branch (subsector) of the economy, in agreement with the relevant All-Russian by a trade union. In the case of a number of all-Russian trade unions in the branch (sub-sector) of the economy, a list of the minimum necessary works (services) is agreed with all sectors of the economy of the Russian economy. trade unions. The procedure for developing and approving a minimum of necessary work (services) is determined by the Government of the Russian Federation. (The paragraph is supplemented by the Federal Law of 06.11.2001). n 142 FZ) , the executive branch of the constituent entity of the Russian Federation, based on the minimum required work (services) developed and approved by the relevant federal executive bodies authorities, develops and approves, in coordination with the territorial associations of trade union organizations (trade union associations), regional lists of minimum necessary works (services) that specify the content and determine the application Federal sectoral lists of minimum required work (services) OF THE PRESIDENT OF THE RUSSIAN FEDERATION (The paragraph is supplemented by the Federal Law of 06.11.2001). N 142nd FZ) Minimum required work (services) in the organization, branch office, representation is determined by the agreement of the parties together with the local government on the basis of minimum required work (Services) within five days of the decision to declare a strike. The inclusion of the type of work (services) in the minimum required work (services) must be motivated by the probability of harm to the health or the threat to the life of citizens. At a minimum, the necessary work (services) in the organization, the branch office, the office cannot be included in the work (services) that are not provided for in the relevant schedules of the required works (services). (...) (...) N142-FZ) In case of failure to reach a minimum of necessary works (services) in the organization, branch, representation is established by the executive authority of the constituent entity of the Russian Federation. The decision of the said body, which sets out the minimum necessary work (services) in the organization, branch office, representative office, may be appealed by the parties to the court. (...) (...) N 142-FZ) 4. If the necessary work (services) is not provided, the strike may be declared illegal. Article 17. Illegal strikes 1. A collective labour strike is unlawful if it has been declared illegal if it has been declared without regard to the time limits, procedures and requirements stipulated in articles 3 to 8, 12 to 16 of this Federal Law. 2. In accordance with article 55 of the Constitution of the Russian Federation, strikes are illegal, posing a real threat to the foundations of the constitutional system and to the health of others. 3. They are illegal strikes by members of the Armed Forces of the Russian Federation, law enforcement agencies and the Federal Security Service, if they pose a threat to the country's defense and security. 4. The right to strike may be restricted under the Emergency Act. 5. The decision to declare a strike illegal is made by the supreme courts of the republics, regional courts, regional courts, courts of Moscow and St. Petersburg, autonomous oblast, autonomous prefects on the application of the employer or the prosecutor. 6. The decision of the court shall be communicated to the employees through the body leading the strike, who shall immediately inform the participants of the strike about the decision of the court. 7. The court's decision to declare a strike unlawful, which has become enforceable, must be immediately enforceable. Employees are required to stop the strike and start work no later than the day following the service of a copy of the court's decision to the body heading the strike. 8. If the immediate threat to life and health is created, the court is entitled to postpone the unobserved strike for a period of up to 30 days, and to suspend the strike for the same period. 9. In cases of particular importance for the provision of vital interests of the Russian Federation or of certain territories, the President of the Russian Federation and the Government of the Russian Federation are entitled to suspend the strike until the matter is resolved. The relevant court, but not more than ten calendar days. 10. In cases where a strike cannot be held in accordance with paragraphs 2 and 3 of this article, the President of the Russian Federation shall decide on a collective labour dispute within ten days. Article 18. Guarantees and legal position of employees in connection with the strike 1. The participation of a worker in a strike may not be regarded as a violation of labour discipline and the grounds for the termination of a contract of employment, except as provided for in article 22, paragraph 1, of this Federal Act. 2. Disciplinary proceedings may not be imposed on employees participating in a strike, except as provided for in article 22, paragraph 1, of this Federal Act. 3. At the time of the strike, work and office are retained for the employees involved. 4. The employer may not pay workers for the duration of their participation in the strike, except for those employed in the compulsory minimum work (services). The collective agreement, agreement or agreements reached during the resolution of the collective labour dispute may provide for compensation payments to employees participating in the strike. 5. Employees who do not participate in the strike but who are unable to perform their work due to the strike, are not paid for the employee's fault in the manner and amount of the labour legislation. The employer is entitled to transfer these workers to other work in accordance with the procedure provided for in the labour legislation (simple not by fault of the worker). 6. The collective agreement, agreement or agreements reached in the course of the resolution of the collective labour dispute may provide for more favourable treatment than provided for in the labour legislation and the payment of benefits to non-parties. strike. Article 19. Prohibition of lockout In the process of settling a collective labour dispute, including a strike, it is prohibited to contain a lockout at the initiative of the employer of workers in connection with a collective labour dispute and declaration strike as well as liquidation or reorganization of the organization, branch, representation. Chapter 4: RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION OF THE COLLECTIVE SERVICES Article 20. Responsibility for avoiding participation in conciliation procedures Employers ' representatives who fail to qualify and participate in conciliation procedures, including those that do not provide space Disciplinary action is taken to hold a meeting (conference) or prevent it from being held. (In the wording of Federal Law No. N 196-FZ) Article 21. Failure to comply with the agreement The representatives of the employer who are responsible for the non-fulfilment of the agreement reached through conciliation are subject to disciplinary action. (In the wording of Federal Law No. N 196-FZ) Article 22. The responsibility of employees for the illegal strike 1. Workers who have begun a strike or who have not stopped the strike the following day after the body heading a strike that has entered into the legal force of the court's decision to declare a strike illegal or to suspend or suspend the strike strike may be subject to disciplinary action for violation of labour discipline. 2. A trade union organization that has declared and has not ceased a strike after being declared illegal is obliged to pay compensation for damages caused by an illegal strike, at the expense of its own funds determined by the court. Article 23. The procedure for bringing to justice The fines imposed by this Federal Law are dealt with in accordance with the procedure established by the law on administrative offences. Article 24. Records management in the resolution of the collective labour dispute The parties ' actions, agreements and recommendations issued in connection with the resolution of the collective labour dispute shall be drawn up by the representatives of the parties, The conciliation body, the body leading the strike. Chapter 5: FINAL PROVISIONS Article 25. The law enters into force on the date of its official publication. Article 26. On the recognition of the normative legal acts not in force in the Russian Federation in connection with the entry into force of this Federal law Admit to the Russian Federation the Law of the USSR " About the order of collective labor disputes (conflicts) " (Statements of Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1991, N 23, p. 654. Article 27. Enact normative legal acts in concordat with this Federal Law Propose to the President of the Russian Federation and instruct the Government of the Russian Federation, the State authorities of the constituent entities of the Russian Federation The Federation shall bring its normative legal acts into conformity with this Federal Law within three months from the date of its entry into force. To invite the Government of the Russian Federation, within three months, to approve the Service Regulations for the settlement of collective labour disputes. President of the Russian Federation Yeltsin Moscow, Kremlin 23 November 1995 N 175-FZ