On A Procedure For Settling Collective Labour Disputes

Original Language Title: О порядке разрешения коллективных трудовых споров

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102038326

Expired-the Federal law from 30.06.2006 N 90-FZ of the RUSSIAN FEDERATION federal law on the procedure for settling collective labour disputes, adopted by the State Duma of the year October 20, 1995 (text as amended by the federal laws from held N 142-FL;
from out N 196-FZ), Chapter 1. GENERAL PROVISIONS Article 1. Objectives and scope of this federal law 1. This federal law establishes the legal framework order and ways of settling collective labour disputes, as well as the procedure for realization of the right to strike in the Russian Federation during the resolve collective labour dispute.
2. Established by this Federal law applies to all employees, employers as well as workers ' and employers ' organizations and their decision-making bodies.
3. resolution of collective labour disputes arising from collective protection of individual workers ' labour rights, is not the subject of this federal law.
4. Federal law can be set different procedure for settling collective labour disputes and the restrictions of the right to strike to the extent necessary to protect the foundations of the constitutional system, morality, health, rights and lawful interests of other persons, ensure national defense and State security.
Article 2. 1 concepts. Collective labour dispute is unresolved disagreements between workers and employers (hereinafter referred to as the parties) concerning the introduction of and changes to working conditions (including wages), conclusion, amendment and implementation of collective agreements, agreements on social and labour relations.
2. Conciliation-consideration of collective labour disputes with a view to its settlement reconciliatory Commission sides with the Facilitator, the labour arbitration.
3. Workers ' representatives bodies of trade unions and their associations, authorized for representation, in accordance with their statutes, public bodies, formed at a meeting (Conference) of the employees of the Organization branch, representation and authorized.
4. 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.
5. The time of commencement of a collective labour dispute-day message of the decision of the employer to dismiss all or part of the claim or failure by the employer in accordance with article 4 of this federal law, as well as the date of the disagreements in the course of collective bargaining.
6. Strike-a temporary voluntary withdrawal of employees from performing their duties (wholly or partially) in order to settle a collective labour dispute.
Chapter 2. The PROCEDURE for SETTLING COLLECTIVE LABOUR DISPUTES, article 3. Raising claims of employees 1. Law demands have the workers and their representatives.
2. Requirements of the workers organization, affiliate, Representative Office are nominated at the meeting (Conference) of the majority. Together with the advancement requirements employees elect their authorized representatives to participate in the settlement of a collective labour dispute.
3. Workers ' representatives making demands in the manner prescribed by the statute or decision of the general meeting (Conference), which has formed the workers ' representative body.
4. the employer shall provide employees or representatives of the workers needed a room for the meeting (Conference) for nomination requirements and is not entitled to prevent its implementation.
5. When nominating the same requirements of various workers ' representatives are entitled to form a unified body to participate in the settlement of the collective dispute.
6. the requirements set out in writing and shall be sent to the employer.
7. a copy of the requirements issued in writing may be directed to the settlement of collective labour disputes (hereinafter service). In this case, the service is obliged to verify the receipt of claims by the other party.
Article 4. Claims of employees, the employer is obliged to take into consideration the demands of the workforce and inform about your decision the representative of employees in writing within three working days from the date of receipt of the claim.
Article 5. Conciliation procedure 1. Collective labour dispute settlement procedure consists of the following phases: consideration of collective labour dispute Conciliation Commission, the consideration of collective labour dispute with the facilitator and (or) in labour arbitration.
2. consideration of collective labour dispute Conciliation Commission is a necessary step. If no agreement is reached within the Conciliation Commission or the parties to a collective labour dispute shall revert to the consideration of collective labour dispute involving a mediator or to a review of a collective labour dispute in labour arbitration.

3. In support of their claims in the course of settling collective labour disputes, workers have the right to hold meetings, rallies, demonstrations, pickets, in accordance with the law.
4. each of the parties at any time after the beginning of a collective labour dispute shall be entitled to apply for registration Notification Service dispute.
5. None of the parties to a collective labour dispute is not entitled to evade participation in conciliation.
6. representatives of the parties, the Conciliation Commission, mediator, labour arbitration, the service must use all the opportunities provided by legislation to resolve the resulting collective labour dispute.
7. Reconciliation procedures are carried out within the time limits specified in articles 6-8 of this federal law.
In case of need, the time frame for conducting conciliation procedures may be extended by agreement of the parties to a collective labour dispute.
Article 6. Consideration of collective labour dispute Conciliation Commission 1. The Conciliation Commission is created in up to three working days from the date of commencement of a collective labour dispute and shall be executed by the relevant order of the employer and the decision of representative employees.
2. The Conciliation Commission formed of representatives of the parties on an equal footing.
An employer may not shy away from creating a Conciliation Commission and participate in its work.
3. the employer creates the necessary conditions for the work of the Conciliation Commission.
4. Collective labour dispute conciliation should be considered by the Commission within five working days after the order of its creation.
5. the decision of the Conciliation Commission shall be taken by mutual agreement of the parties, shall be issued by the Protocol is binding on the parties and enforceable in the manner and within the time limits established by the decision.
6. If no agreement is reached in a Conciliation Commission, the parties continue to conciliation procedures with the participation of the mediator or labour arbitration.
7. If no agreement is reached about the use of conciliation procedures after reviewing collective labour dispute Conciliation Commission the parties should proceed with the establishment of labour arbitration.
Article 7. Consideration of collective labour dispute involving an intermediary 1. By agreement of the parties for its consideration a collective labour dispute conciliator can be invited regardless of the service or on the recommendation of the service.
2. If the parties to a term of up to three working days from the moment of contact will not reach an agreement on the conciliator, he is assigned to the service.
3. procedure for the consideration of collective labour dispute involving a mediator a mediator is defined by agreement with the parties to a collective labour dispute.
4. The mediator has the right to seek and receive from the employer the necessary documents and information relating to a collective labour dispute.
5. consideration of the collective labour dispute involving an intermediary shall be carried out within seven calendar days from the points of his invitation (destination) and ends with the adoption of agreed decisions in writing or compiling of disagreements.
Article 8. Consideration of a collective labour dispute in labour arbitration 1. Labour arbitration is a review body temporarily a collective labour dispute, created by the parties to a collective labour dispute and no later than three working days after the end of the consideration of collective labour dispute Conciliation Commission or a mediator.
2. Labour arbitration is formed by agreement of the parties, composed of three persons from a number of labour arbitrators recommended or proposed by the parties to a collective labour dispute.
The composition of the labour arbitration may not be representatives of the parties to a collective labour dispute.
3. the establishment of labour arbitration, its composition, rules of procedure, the credentials are issued a corresponding decision of the employer, employees and services representative.
4. Collective labour dispute shall be settled in the labour arbitration involving representatives of parties within five working days from the date of its creation.
5. Labour arbitration considers the treatment of the parties; receives the necessary documents and information relating to a collective labour dispute; If necessary, inform the bodies of State power and bodies of local self-government on the possible social consequences of the collective labour dispute; developing recommendations on the merits of a collective labour dispute.
The recommendations of the labour arbitration to settle a collective labour dispute is transmitted to the parties in writing and become binding on the parties if the parties entered into an agreement in writing on their implementation.
Article 9. Guarantees of employees in connection with collective labour dispute resolution 1. The members of the Conciliation Commission, mediators, labour arbitrators at the time of participation in the settlement of a collective labour dispute shall be exempted from the substantive work with maintaining the average wage for a period of not more than three months during the year.

2. participating in the settlement of a collective labour dispute, trade unions, associations, public performances cannot be between resolve collective labour dispute subjected to disciplinary punishment, transferred, displaced or dismissed on the initiative of the Administration without prior consent authorizing them to represent the body.
Article 10. Evasion of employer engagement and conciliation 1. In cases of evasion of employer participation in the establishment of a Conciliation Commission or the work of a collective labour dispute shall be in labor arbitration.
2. In cases of evasion of employer from establishing labour arbitration, consideration of a collective labour dispute in labour arbitration, as well as the implementation of its recommendations, if an agreement has been reached on their obligation, employees can proceed with a strike.
Article 11. Part of the service for the settlement of collective labour disputes in the settlement of collective labour disputes 1. Service-State authority, facilitate the resolution of collective labour disputes through the Organization of conciliation procedures and participation in them.
2. Service: carries out the notification registration of collective labour disputes;
checks if necessary the credentials of the representatives of the parties to a collective labour dispute;
generates a list of conciliators and labour arbitrators;
trains mediators and labour arbitrators specializing in resolving collective labour disputes;
identifies and summarizes the causes and conditions that cause collective labour disputes, prepares proposals on their removal;
provides technical assistance to the parties at all stages of the settlement of collective labour disputes;
arranges financing in accordance with the established procedure of conciliation procedures;
organizes work on settlement of collective labour disputes in consultation with representatives of employers ' and workers ' organizations, bodies of State power and bodies of local self-government.
The service operates in accordance with this federal law and the regulation on the service for the settlement of collective labour disputes.
Workers have the right to unhindered, with the presentation of a standard form, visiting organizations, branches, representative offices, with a view to the settlement of collective labour disputes, identify and eliminate the causes of these conflicts.
Article 12. Agreement during the collective labour disputes and the agreement reached by the parties when resolving a collective labour dispute shall be in writing and is binding on the parties. Control over its execution is carried out by the parties to a collective labour dispute.
Chapter 3. The EXERCISE of the RIGHT to STRIKE, article 13. The right to strike 1. If conciliation had not resulted in a settlement of a collective labour dispute or the employer refuses to conciliation procedures is not fulfilling the agreement reached when resolving a collective labour dispute, workers are entitled to use the meetings, rallies, demonstrations, pickets, including the right to strike.
2. In accordance with article 37 of the Constitution of the Russian Federation recognizes the right of workers to strike as a way of resolving a collective labour dispute.
3. Participation in a strike is voluntary. No one may be compelled to participate or refrain from participating in a strike.
Persons, forcing employees to participate or refrain from participating in the strike are responsible (disciplinary, administrative, criminal) in the manner prescribed by law.
4. the representatives of the employer shall not have the right to organize, strike and take part in it.
Article 14. Strike 1. The decision to declare a strike is taken by an Assembly (Conference) of the Organization branch, representative office or trade union, an Association of trade unions.
2. Meeting (Conference) of employees, a trade union organization is considered qualified if attended by at least two thirds of the total number of employees, members of the Trade Union Organization (Conference delegates).
Decision is adopted if at least half of the votes present at the meeting (Conference).
3. After five calendar days of the Conciliation Commission may be momentarily declared hour warning strike, which the employer must be warned in writing not later than three working days.
When conducting a warning strike authority, its head, provides the minimum necessary works (services) in accordance with paragraphs 3 and 4 of article 16 hereof.
4. The beginning of upcoming strikes, the employer must be warned in writing not later than ten calendar days.
5. the decision to declare a strike: the list of disagreements between the parties, which are the basis for ads and holding strikes;
the date and time of the start of the strike, its duration and the expected number of participants;

the name of the body leading the strike, representatives of workers, authorized to take part in conciliation;
proposals for minimum necessary works (services), running in the Organization branch, representation in the period of the strike.
6. Employer warns about the upcoming strike service.
Article 15. Body, who heads the strike 1. The strike is headed by an elected Assembly (Conference) of the organ or body concerned.
2. the authority, who heads the strike may convene a meeting (Conference) of employees, receive information from the employer on matters affecting employees, attract specialists for the preparation of opinions on controversial issues.
3. the authority, who heads the strike, has the right to suspend the strike. To resume the strike action does not require reconsideration of the dispute by the Conciliation Commission or a mediator in labour arbitration. The employer and the service must be warned about the resumption of the strike not later than three working days.
4. The authority leading the strike, an elected Assembly (Conference) of employees, shall be terminated in case of signing by the parties of the agreement on the settlement of a collective labour dispute or in case of recognition of a strike illegal, unless there was no decision of the general meeting (Conference).
Article 16. Obligations of the parties during the strike 1. During the strike, the parties are obliged to continue to permit a collective labour dispute by conducting conciliation procedures.
2. the employer, executive authorities, local self-government bodies and body, who heads the strike, are obliged to take measures in their power to ensure public order during the strike, the property of the Organization branch, representation and individuals, as well as the functioning of machines and equipment, stop which poses an immediate threat to human life or health.
3. organizations, branches, representative offices, concerned with the safety of people, ensuring their health and vital interests of the society, when a strike should be provided with the minimum necessary works (services).
List of minimum necessary works (services) in organizations, branches, representative offices whose activities deal with human security, ensuring their health and vital interests of the Community (hereinafter referred to as the list of minimum necessary works (services) in each sector (sub-sector) economy is developed and approved by the federal body of executive power entrusted with the coordination and regulation of activities in the sector concerned (sub-sector) economy, in consultation with all concerned in the case of a Trade Union. If the industry (sub-sector) economy operates several all-Russian trade unions, list of minimum necessary works (services) is coordinated with all actors in the sector (sub-sector) of the economy between unions. Procedure for the development and approval of the list of minimum necessary works (services) is determined by the Government of the Russian Federation. (The paragraph is supplemented by federal law from held N 142-FL) body of the Executive power of the Russian Federation on the basis of lists of the minimum necessary works (services) developed and approved by the appropriate federal bodies of executive power, develops and approves in consultation with territorial associations of trade unions (trade unions) regional lists of minimum necessary works (services), specifying the content and determine how the application of Federal sectoral lists minimum necessary works (services) on the territory of the Russian Federation. (The paragraph is supplemented by federal law from held N 142-FL) Minimum necessary works (services) in the Organization branch, representation shall be determined by agreement of the parties, together with the body of local self-government on the basis of lists of the minimum necessary works (services) within five days after the decision to declare a strike. The inclusion of the type of works (services) in the minimum necessary works (services) should be motivated by probability of causing harm or threat to the life of citizens. The minimum necessary works (services) in the Organization branch, representation may not be included works (services) that are not provided for in the relevant lists of the minimum necessary works (services). (As amended by the Federal law held N 142-FZ) If no agreement is reached, the minimum necessary works (services) in the Organization branch, representation is established executive authority of the Russian Federation. The decision of that body, which sets the minimum necessary works (services) in the Organization branch, representation may be appealed by the parties to the Court. (As amended by the Federal law held N 142-FZ)
4. When failure to minimum necessary works (services) strike may be declared illegal.
Article 17. Illegal strike

1. Strike if there is a collective labour dispute is illegal if it is declared without taking into account the deadlines, procedures and requirements referred to in articles 3-8, 12-16 of this federal law.
2. In accordance with article 55 of the Constitution of the Russian Federation are illegal strikes, posing a real threat to the foundations of the constitutional structure and the health of other persons.
3. Are illegal the strike of the workers of the Russian Federation armed forces, law enforcement agencies, organs of the Federal Security Service, if this creates a threat to national defence and State security.
4. the right to strike may be restricted in accordance with the law on States of emergency.
5. the decision declaring the strike illegal was adopted by Supreme courts of the republics, regional, regional courts, the courts of the cities of Moscow and St. Petersburg, autonomous oblast, autonomous districts, upon application by the employer or the Prosecutor.
6. the decision of the Court shall be communicated to the workers through the body, the head of the strike, which is obliged to immediately inform the participants of the strike on the Court's decision.
7. the decision of the Court concerning recognition of the strike illegal, entered into legal force, is subject to immediate execution. Employees are required to stop the strike and get to work no later than the next day after the presentation of a copy of the decision of the Court the authority leading the strike.
8. If you create a direct threat to the life and health of people, the Court may postpone the nenachavshujusja strike for up to 30 days and started-pause for the same period.
9. In cases of particular importance to the vital interests of the Russian Federation or separate territories, the President of the Russian Federation and the Government of the Russian Federation shall have the right to suspend the strike until the relevant court but not more than ten days.
10. In cases where a strike could not be carried out in accordance with paragraphs 2 and 3 of this article, the decision on the collective labour dispute within ten days taking the President of the Russian Federation.
Article 18. Guarantees and the legal status of employees in connection with the strike 1. The participation of an employee in a strike cannot be regarded as a violation of labor discipline and the founding of the termination of an employment contract, except as provided for in paragraph 1 of article 22 hereof.
2. It is prohibited to workers participating in the strike measures of disciplinary responsibility, except in the case provided for under paragraph 1 of article 22 hereof.
3. at the time of the strike for participating employees place of work and position are saved.
4. the employer shall have the right not to pay workers wages during their participation in a strike, except employees performing compulsory minimum works (services).
Collective agreement, the agreement or the agreements reached when resolving a collective labour dispute can be provided compensation to workers participating in the strike.
5. employees not participating in the strike, but it unable to carry out their work, pay idle through no fault of the employee is made in the manner and amount prescribed by labour legislation. The employer has the right to transfer such employees to other work in the manner specified by the law on labour (simple not at fault).
6. The collective agreement, the agreement or the agreements reached when resolving a collective labour dispute can be a more favourable than the labour legislation, the order of payments to workers who are not participating in the strike.
Article 19. Prohibition of the lockout in the settlement of collective labour disputes, including strikes, lock-outs are prohibited-dismissal by an employer of workers in connection with collective labour dispute and the announcement of the strike, as well as liquidation or reorganization of the Organization branch, representation.
Chapter 4. RESPONSIBILITY for VIOLATION of LEGISLATION on collective labour disputes, article 20. Responsibility for failure to participate in conciliation, representatives of the employer, often from getting requirements and workers ' participation in the conciliation proceedings, including those not provide premises for holding the meeting (Conference) for nomination requirements or hindering its holding, are subjected to disciplinary action. (As amended by federal law from out N 196-FZ), Article 21. Responsibility for failure to comply with the agreement of representatives of the employer guilty of non-compliance with the obligations under the agreement as a result of the conciliation procedure, are subject to disciplinary action. (As amended by federal law from out N 196-FZ), Article 22. Responsibility of employees for unlawful strikes

1. workers engaged for a strike or not interrupted her the next day after bringing to the body leading the strike, court decision that has entered into force concerning the recognition of the illegal strikes or postponement or suspension of the strike, may be subjected to disciplinary measures for the violation of labour discipline.
2. The trade union organization, which announced the strike has terminated and no after her illicit, shall be liable for damages caused by the illegal strike, at the expense of its own funds in an amount determined by the Court.
Article 23. The procedure for prosecuting cases of fines stipulated by this federal law, shall be dealt with in the manner prescribed by the legislation on administrative offences.
Article 24. Documentation when resolving a collective labour dispute actions, agreements and recommendations adopted in connection with the resolution of a collective labour dispute shall be documented as protocols the agents of the parties, the conciliation bodies, the body in charge of the strike.
Chapter 5. Final clauses article 25. On the entry into force of this federal law this federal law shall enter into force on the day of its official publication.
Article 26. On the recognition of regulatory legal acts in force in the Russian Federation not in connection with the entry into force of this federal law to recognize non-USSR law in the Russian Federation "on the procedure for settling collective labour disputes (conflicts)" (Congress of the USSR people's deputies and the Supreme Soviet of the USSR, 1991, no. 23, p. 654).
Article 27. Bringing of normative legal acts in accordance with this federal law to propose to 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.
Invite the Government of the Russian Federation to approve the regulations within three months of service for the settlement of collective labour disputes.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N November 23, 1995 175-FZ