On Trade Unions, Their Rights And Activity Guarantees

Original Language Title: О профессиональных союзах, их правах и гарантиях деятельности

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RUSSIAN FEDERATION FEDERAL LAW On trade unions, their rights and guarantees of activity Adopted by the State Duma on 8 December 1995 class="ed">(In the version of federal laws dated 21.03.2002) N 31-FZ; of 25.07.2002 N 112-FZ; of 25.07.2002 N 116-FZ; dated 30-06/2003 N 86-FZ; of 08.12.2003 N 169-FZ; dated 29.06.2004 N 58-FZ; of 09.05.2005 N 45-FZ; of 23.07.2008 N 160-FZ; dated 30.12.2008. N 309-FZ; of 01.07.2010 N 146-FZ; of 28.12.2010 N 404-FZ; of 02.07.2013 N 185-FZ; of 14.10.2014 N 307-FZ; of 22.12.2014 N 444-FZ; dated 31.01.2016 N 7-FZ Chapter I. GENERAL PROVISIONS Article 1. The object of regulation and purpose of the present Federal Law The regulation of this Federal Act is the public relations arising from the exercise of constitutional right by citizens. association, creation, operation, reorganization and (or) liquidation of trade unions, their associations (associations), primary trade union organizations, other trade union organizations, associations (associations) Trade unions. In the wording of Federal Law No. N 444-FZ) This Federal Law sets out the legal bases for the formation of trade unions, their rights and guarantees of activity, regulates the relations of trade unions with bodies of state power, local self-government bodies, Employers, their associations (unions, associations), other public associations, legal entities and citizens of, and determines the legal status of trade unions (trade union organizations) and their associations, the number of features of their civil status as species Social organizations, associations and unions, respectively. (In the wording of the Federal Law of 31 January 2016 N 7-FZ) Article 2 Right to join trade unions 1. Trade union is a voluntary association of citizens bound by common industrial and professional interests in the form of their activities created for the purpose of representation and protection of their social and labour rights and interests. All trade unions enjoy equal rights. 2. Everyone who has reached the age of 14 and is engaged in work (professional) has the right to form trade unions to defend his or her interests, join them, trade union activities and leave trade unions. This right is exercised freely, without prior permission. 3. Citizens of the Russian Federation who live outside its territory may belong to Russian trade unions. 4. Foreign nationals and stateless persons residing in the territory of the Russian Federation may be held in Russian trade unions, except in cases prescribed by federal laws or international treaties of the Russian Federation. 5. Trade unions have the right to form their associations (associations) in sectoral, territorial or other, professional, professional, all-Russian associations (associations) of trade unions, interregional associations (associations) Trade unions, the territorial associations (associations) of trade unions. Trade unions, their associations (associations) have the right to cooperate with the trade unions of other States, to join international trade union and other associations and organizations, to enter into contracts with them and agreements. Article 3. The basic terms For the purposes of this Federal Act, the terms used mean: primary trade union organization-voluntary association of trade union members, usually in one organizations, regardless of their form of ownership and subordination, or in a branch, representation or other separate structural unit of the organization, or the employer of an individual entrepreneor acting under the statute of a Russian or interregional trade union, or on the basis of the primary Trade union organization, adopted in accordance with the statutes of the respective trade union. In the structure of the primary trade union organization, trade union organizations, trade union groups or other structural units may be formed in accordance with the statutes of the union concerned; (In the wording of Federal Law dated 22 December 2014. N 444-FZ) All-Russian trade union-voluntary association of trade union members-related general socio-labor and professional interests of employees of one or more industries, one or more economic activities operating throughout the Russian Federation or in the territories of more than half of the constituent entities of the Russian Federation, or uniting not less than half of the total number of employees in one or more industries, one or more Several types of economic activity. In the structure of the All-Russian trade union, along with the primary trade union organizations, the territorial organizations of the trade union and other trade union organizations may be formed in accordance with its charter; (In the wording of Federal Law dated 22 December 2014. N 444-FZ of the All-Russian Union (association) of trade unions-voluntary association of All-Russian trade unions, territorial associations (associations) of trade union organizations operating throughout the territory of the Russian Federation or in the territories of more than half of the constituent entities of the Russian Federation; interregional trade union-voluntary association of trade union members-employees of one or more industries, one or more economic activities in the Territory less than half of the constituent entities of the Russian Federation. In the structure of the interregional trade union, along with the primary trade union organizations, the territorial organizations of trade unions and other trade union organizations may be formed in accordance with its charter; (In the wording of Federal Law dated 22 December 2014. N 444-FZ) interregional association (association) of trade union organizations-voluntary association of interregional trade unions and (or) territorial associations (associations) of trade union organizations operating in the territories less than half of the constituent entities of the Russian Federation; territorial association (association) of trade union organizations-voluntary association of organizations of all-Russian and interregional trade unions operating in the territory THE RUSSIAN FEDERATION (...) (...) N 444-FZ)Territorial organization of trade union-voluntary association of trade union members consisting of primary and other trade union organizations belonging to the structure of one all-Russian or interregional trade union A trade union operating in the territory of one constituent entity of the Russian Federation, or in the territories of several subjects of the Russian Federation, or in the territory of a city or district; (as amended by the Federal Law dated 22 December 2014. N 444-FZ) trade union body is the body formed according to the statutes of the trade union, the association of trade unions or the charter of the primary trade union organization; (B Federal Law of 22 December 2014. N 444-FZ) trade union representative (trustee)-pro-occupational, trade union leader, association (s), trade union body or other person authorized to be represented by the statute Trade union, union (association) unions, the charter of the primary trade union organization, or the decision of the trade union body; (In the wording of Federal Law from 22.12.2014. N 444-FZ) organization-enterprise, institution, organization regardless of form of ownership and subordination; employer-organization (legal entity) provided by its leader (administration), or the person with whom the employee is employed in the labour relations; the employee is a natural person working in the organization on the basis of a contract of employment (contract), a person engaged in an individual business activity, a person, learning in professional education Organization or educational organization of higher education; (In the wording of the Federal Law of 2 July 2013) N 185-FZ) member of the trade union-person (employee, temporarily non-working, pensioner), consisting of the primary trade union organization. Article 4. Scope of this Federal Law 1. This Federal Law applies to all organizations located in the territory of the Russian Federation, as well as to Russian organizations abroad and other organizations in accordance with international treaties of the Russian Federation. 2. Trade union rights and guarantees of their activities, as set out in this Federal Act, apply to all primary trade union organizations, trade unions, associations (associations), trade union bodies and trade union bodies. Representatives within the limits of their powers. The peculiarities of the application of this Federal law to trade unions involving members of the armed forces, employees of the internal affairs agencies of the Russian Federation, the Ministry of State Fire Service of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION trafficking in narcotic drugs and psychotropic substances, The Russian Investigative Committee, judges and prosecutors are subject to the relevant federal laws. In the wording of federal laws, 25.07.2002. N 116-FZ; dated 30.06.2003. N 86-FZ; of 28.12.2010 N 404-FZ) Article 5. Independence of trade unions 1. Trade unions are independent in their activities from the executive authorities, local authorities, employers, their associations (unions, associations), political parties and other voluntary associations, and are not accountable or controlled. 2. It is prohibited to interfere with the activities of the State authorities, local authorities and their officials in the activities of trade unions, which may restrict the rights of trade unions or impede the lawful exercise of their union rights. activities. Article 6. The legal basis for the activities of trade unions 1. The rights of trade unions in relations with State authorities, local authorities, employers, their associations (unions, associations), other public associations and the guarantees of their activities are determined by the Constitution. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The legislation of the constituent entities of the Russian Federation cannot restrict the rights of trade unions and the guarantees of their activities provided for in federal laws. 3. If the international treaties to which the Russian Federation is a party, the conventions of the International Labour Organization, ratified by the Russian Federation, have established rules other than those established by this Federal Act, the rules of international law shall apply. treaties and conventions. Article 7. The statutes of trade unions (as amended by the Federal Law of 22 December 2014). N 444-FZ) 1. Trade unions, their associations (associations) independently develop and approve their statutes, structure, form trade union bodies and determine their competence, organize their activities, hold meetings, conferences, congresses and others activities. The statutes of the primary trade union organizations, other trade union organizations in the structure of the All-Russian Union, the interregional trade unions, and the statutes of associations (associations) of trade unions shall not contravene the statutes of the trade unions concerned, Their associations (associations). (...) (...) N 444-FZ) 2. The union's statutes must include: name, purpose and purpose of the trade union; categories and professional groups of citizens united; conditions and procedures for forming a trade union, membership of a trade union; and Exits, rights and duties of trade union members; territory within which the union operates; organizational structure; Education and competence of trade union bodies, dates their authority; Charter, order of payment of entrance and membership fees; sources of income generation and other property, management of trade union property; location of trade union body; reorganization procedure, The termination and disposal of the union and the use of their property in these cases; other matters relating to the activities of the trade union. 3. Trade union association (association) statutes must provide: name, purpose and purpose of the union (s) of trade unions; membership; territory within which it operates activities; the formation of trade union bodies and their competence; the location of the trade union body; the terms of the trade union body; sources of income generation and other property; Management of trade union property; order additions and changes to fatigue; reorganizing, disclosing, and eliminating the union (association) of trade unions and the use of their property in these cases; other issues relevant to the work Associations (associations) of trade unions. Article 8: State registration of trade unions as legal entities (In the wording of Federal Law 1. The legal capacity of the trade union, the association of trade unions, the primary trade union organization, the other trade union organization that is part of the structure of the All-Russian or interregional trade union, the association (association) of trade union organizations in The quality of a legal entity arises from the date of incorporation into a single public register of legal entities of information on their establishment and terminates at the time of submission to the specified register of the termination of their activities. (...) (...) N 444-FZ) The State registration of the trade union, the association (s) of trade unions and the primary trade union organization as a legal person is notified. For the State registration of trade unions, their associations (associations) and primary trade union organizations to the federal executive body, which is authorized in the field of State registration of voluntary associations (hereinafter referred to as "the State Registration of Trade Unions"). The federal State registration authority), or its territorial body in the constituent entity of the Russian Federation, at the place where the relevant trade union body is located, is provided with original or notarized copies of the charters certified by the State party. A copy of the decisions of the congresses (conferences, meetings) on the establishment of trade unions, associations (associations), primary trade union organizations, approval of statutes, lists of participants-relevant trade unions and their associations (associations). (In the wording of the federal laws of 29 June 2004, N 58-FZ; of 22.12.2014 N 444-FZ) Trade unions, associations (associations), primary trade union organizations submit these documents within one month of their formation. When these documents are received, the Federal State Registration Authority or its territorial body shall submit to the Commissioner in accordance with article 2 of the Federal Act on the State Registration of Legal Persons and " Information and documents necessary for the exercise by this body of the functions of maintaining a single state register of legal entities. (...) (...) N 169-FZ; dated 29.06.2004 N 58-FZ) Information on the establishment, reorganization and liquidation of a trade union, the association of trade unions, the primary trade union organization and the other envisaged in the public register of legal entities Federal records are carried out by the duly registered authority on the basis of the documents submitted by the Federal State Registration Authority or its territorial body. Federal State Registration Authority and its territorial bodies with the authorized registering body for the State registration of trade unions and their associations (associations), primary trade union organizations are defined by the federal executive authority. (In the wording of the federal laws of 29 June 2004, N 58-FZ; of 23.07.2008 N 160-FZ)When receiving information from the authorised registrant about the registration of the union, or the association (s) of trade unions, or on the association (s) A primary trade union organization, the Federal State Registration Authority, or its territorial entity, shall issue a document to the applicant confirming the fact that a trade union record has been made, or whether the association (s) of trade unions have been merged or the primary The union organization is a state register of legal entities. (In the wording of Federal Law No. N 58-FZ) Federal State Registration Authority, its territorial bodies in the constituent entities of the Russian Federation, the registering authority is not entitled to control the activities of trade unions or their associations (associations); Primary trade union organizations and their refusal to register. (In the wording of Federal Law No. N 58-FZ) Trade unions, associations (associations), primary trade union organizations may not register. In this case, they do not acquire the rights of a legal person. The State registration of the primary trade union organization as a legal entity may also be exercised by the trade union representative of the trade union concerned by proxy. 2. The refusal or evasion of State registration can be appealed by the trade unions, their associations (associations) and the primary trade union organizations to the courts. (Article as amended by Federal Law No. N 31-FZ) Article 9. Prohibition of discrimination of citizens on the basis of membership or non-affiliation to trade unions 1. Membership or non-membership of trade unions does not entail any limitation of the social, labour, political and other rights and freedoms of citizens guaranteed by the Constitution of the Russian Federation, federal laws and the laws of the subjects of the Russian Federation. 2. It is prohibited to subject the employment, promotion or dismissal of a person to a trade union. Article 10. Reorganization, termination, suspend, prohibit activities in union elimination (Federal Law dated 22 December 2014. N 444-FZ) 1. The reorganization or termination of a trade union or primary trade union organization shall be decided by its members in the manner determined by the statutes of the trade union, the primary trade union organization's bylaws, and liquidation A trade union or primary trade union organization, as a legal entity, in accordance with federal law. In the wording of Federal Law No. N 444-FZ) 2. The State registration of a trade union or primary trade union organization in connection with their liquidation and the State registration of the trade union or the primary trade union organization established by reorganization shall be carried out in accordance with the procedure set out in the report. Federal Act on State Registration of Legal Persons and Individual Entrepreneurs, taking into account the peculiarities of such registration, established by this Federal Law. (...) (...) N 169-FZ) Information and documents required for the State registration of a trade union or the primary trade union organization in connection with their liquidation shall be submitted to the authority which has been issued A document on the State registration of the trade union or the primary trade union organization. The documents required for the State registration of a trade union or primary trade union organization created by reorganization are submitted to the federal State Registration Authority or its territorial bodies OF THE PRESIDENT OF THE RUSSIAN FEDERATION The procedure for the submission of these documents is determined by the authorized federal executive authority. (In the wording of the federal laws of 29 June 2004, N 58-FZ; of 23.07.2008 N 160-FZ) When retrieving documents required for the State registration of a trade union or primary trade union organization due to their liquidation, or if they are created by reorganization, The federal State registration authority or its territorial authority shall send to the competent registering body the information and documents required for the organ to carry out the functions of maintaining a single public registry Legal entities. (In the wording of Federal Law No. N 58-FZ)On the basis of the necessary information and documents submitted by the Federal State Registration Authority or its territorial body, the authorized registrant for a period of no more than five years The working days from the date of receipt of such information and documents shall be entered into the single state register of legal persons of the corresponding record and no later than the working day following the date of entry of the relevant record, informs the body that introduced the information and documents. (In the wording of Federal Law No. N 58-FZ) The procedure for interaction between the Federal State Registration Authority and its territorial bodies with the authorized registration authority for the State registration of a trade union or primary trade union The organization is designated by the federal executive authority in connection with their liquidation or, if established, by reorganization. (In the wording of Federal Law No. N 160-FZ (New paragraph 2 is amended by Federal Law of 21.03.2002) N 31-FZ; changes in the wording of the Federal Law of 29.06.2004 N 58-FZ) 3. In case the activity of a trade union is contrary to the Constitution of the Russian Federation, the Constitutions (statutes) of the constituent entities of the Russian Federation, federal laws, it may be suspended for up to six months or prohibited by a decision of the Supreme Court OF THE PRESIDENT OF THE RUSSIAN FEDERATION A trade union shall not be suspended or prohibited by decision of any other body. (In the wording of Federal Law 21.03.2002) N 31-FZ count paragraph 2 as paragraph 3) 4. The activities of the trade union, the primary trade union organization may be suspended or prohibited in accordance with the Federal Law on Countering Extremist Activities. (Paragraph is amended by the Federal Law of 25.07.2002). N 112-FZ) Chapter II. CORE RIGHTS OF TRADE UNIONS Article 11. The right of trade unions to representation and protection of the labor rights and interests of employees 1. Trade unions, associations (associations), primary trade union organizations and their bodies represent and protect the rights and interests of trade union members in the area of individual labour and labour relations, and in the area of collective rights and interests -The rights and interests of employees, regardless of their membership in trade unions, if they are given the authority to represent them in due course. The draft legislation affecting the social and labour rights of employees is considered by the federal public authorities, taking into account the proposals of the All-Russian trade unions and their associations (associations). The draft regulations concerning the social and labour rights of employees are considered and adopted by the executive authorities and by the local authorities, taking into account the opinion of the relevant trade unions. Trade unions have the right to make proposals for the adoption by the relevant State authorities of laws and other normative legal acts concerning the social and labour sphere. 2. Trade unions shall protect the right of their members to freely dispose of their abilities to work, to choose their occupation and profession, as well as the right to remuneration for work without discrimination and not less than the federal law The minimum wage. 3. The pay systems, forms of material incentive, the amount of the wage rates (salaries) and the labour standards are set by the employers, their associations (unions, associations) in consultation with the relevant trade union bodies and are laid down in Collective agreements, agreements. 4. Trade unions have the right to participate in the consideration of public authorities, local authorities and employers, their associations (unions, associations) and other voluntary associations. 5. Trade union representatives have the right to freely visit organizations and workplaces where members of the trade unions are working, in order to fulfil the statutory tasks and the rights granted to trade unions. Article 12. Trade unions ' right to promote employment 1. Trade unions have the right to take part in the development of public employment programmes, to propose measures for the social protection of trade union members released as a result of reorganization or liquidation of the organization, to exercise trade union control over Employment and compliance with employment legislation. 2. Elimination of the organization, its subdivisions, modification of the form of ownership or organizational and legal form of the organization, total or partial suspension of production (work) entailing a reduction in the number of jobs or deterioration of conditions The right to work may be carried out only after prior notification (not less than three months) of the relevant trade unions and negotiations with them concerning the observance of the rights and interests of the members of the trade union. 3. Trade unions have the right to propose the postponement or suspension of activities related to the mass release of workers to the local self-government bodies. 4. The cancellation of an employment contract (contract) with a member of the trade union at the initiative of the employer may be carried out only with the prior consent of the trade union body concerned in the cases provided for by law; Collective agreements, agreements. 5. The participation and use of foreign labour in the Russian Federation takes into account the opinion of the associations of trade unions or the territorial associations (associations) of the organizations of trade unions, respectively. Article 13. The right of trade unions to bargain collectively, conclude agreements, collective agreements and control for their implementation (In the wording of Federal Law dated 22 December 2014. N 444-FZ) 1. Trade unions, associations (associations), primary trade union organizations and their bodies have the right to collective bargaining, agreements and collective bargaining on behalf of employees in accordance with federal law. Representation of trade unions, their associations (associations) for collective bargaining, the conclusion of agreements on behalf of employees at the federal, sectoral or territorial levels is determined by the number of merged The members of the union. If the organization has several primary trade union organizations of different unions, their representation in collective bargaining and collective bargaining depends on the number of members represented Trade union. It is prohibited to negotiate and conclude agreements and collective agreements on behalf of employees by persons representing the employer. 2. Employers, their associations (unions, associations), the executive authorities and local authorities are obliged to bargain collectively with the primary trade union organizations, trade unions and their associations (associations) social and labor issues, as well as collective bargaining agreements, if the primary trade union organizations, trade unions, their associations (associations) are the initiators of such negotiations, and to conclude collective agreements, Agreements negotiated by the parties. 3. Primary trade union organizations, trade unions, associations (associations) are entitled to exercise trade union control over the implementation of collective agreements and agreements. In case of violation by employers, their associations (unions, associations), the executive authorities and local governments of the terms of the collective agreement, the agreements of the primary trade union organizations, trade unions, Associations (associations) of trade unions and their bodies are entitled to submit to them an idea of the elimination of these violations, which is considered within one week. In the event of a refusal to resolve these violations or the failure to reach an agreement within the specified period of time, the differences shall be considered in accordance with federal law. Article 14. The right of trade unions to participate in the settlement of the collective labour disputes Trade unions have the right to participate in the settlement of collective labour disputes, have the right to organize and conduct in accordance with federal law Strikes, gatherings, rallies, street marches, demonstrations, pickets and other collective actions, using them as a means of protecting the social and labour rights and interests of workers. Article 15. Trade union relations with employers, their associations (unions, associations), state authorities, local authorities 1. The relations of trade unions with employers, their associations (unions, associations), state authorities and local self-government bodies are based on the social partnership and interaction of the parties to the labour relations, their representatives, as well as on the basis of a system of collective agreements, agreements. 2. The trade unions are entitled to participate in the elections of State and local self-government bodies in accordance with the federal legislation and the legislation of the constituent entities of the Russian Federation. 3. Trade unions have equal rights with other social partners to participate in the management of State social insurance, employment, health insurance, pension and other contributory funds, and also have the right to trade union control over the use of these funds. The statutes (provisions) of these funds shall be approved by agreement with the All-Russian Union (associations) of trade unions or with the appropriate All-Russian trade unions. 4. Trade unions organize and carry out recreational activities among the members of the trade union and their families. The amount of money for these purposes is determined by the management body (board) of the Social Insurance Fund of the Russian Federation on the representation of the relevant trade unions. 5. Trade unions have the right to interact with state authorities, local authorities, associations (unions, associations) and organizations for the development of sanatorium and resort treatment, recreation, tourism, and mass tourism. Physical culture and sports. Article 16. Relations of trade unions and their bodies with other representative bodies of employees in organization, organs of management of the organization (In the wording of Federal Law dated 22 December 2014. N 444-FZ) 1. The relations of trade unions, the primary trade union organizations and their bodies with other representative bodies of employees in the organization are based on cooperation. The presence of other representative bodies of employees in an organization may not be used to obstruct the activities of trade unions under this Federal Act. 2. Trade unions have the right to nominate their representatives for election to other representative bodies of employees in the organization. 3. Trade unions have the right to have representatives in collegiate bodies of management of the organization. 4. The participation of trade union representatives in other representative bodies of employees in the organization does not deprive them of the right to directly address the employer on matters affecting the interests of the members of the trade union. Article 17. The right of trade unions to information 1. To carry out their statutory activities, trade unions have the right to freely and freely receive information from employers, their associations (unions, associations), public authorities and local authorities. Questions. Trade union bodies have the right to discuss the information received with the invitation of representatives of employers, their associations (unions, associations), organs of government, bodies of state power and local bodies Self-governance. 2. Trade unions have the right to use State media in the manner determined by the treaties with their founders and may also be founders of the media in accordance with federal law. Article 18. The right of trade unions to participate in the training and additional professional education (In the wording of the Federal Law dated 02.07.2013 N 185-FZ) Trade unions have the right to form educational organizations and scientific organizations, training and additional professional education of trade union workers and trade union members. (...) (...) N 185-FZ Trade union educational organizations and scientific organizations can be partly financed by the appropriate budgets. (In the wording of the Federal Law of 2 July 2013) N185-FZ) Article 19. The right of trade unions to exercise trade union supervision of compliance with labour legislation 1. Trade unions have the right to exercise trade union control over compliance by employers and officials with labour legislation, including labour contracts (contracts), working time and rest time, remuneration, guarantees and compensation, benefits and advantages, as well as other social and labour issues in the organizations in which the members of the trade union are employed and have the right to demand the remedy of the violations identified. Employers, officials are required to inform the trade union of the results of its review and the measures taken within one week of the receipt of the request for the elimination of the detected breaches. 2. In order to exercise trade union control over compliance with labour legislation, trade unions have the right to establish their own labour inspects, which are given the authority provided by the regulations approved by trade unions. Trade unions, their labour inspects, in the exercise of these powers, cooperate with the federal executive authority exercising federal government supervision of compliance with labour laws and regulations. (...) (...) N 307-FZ 3. Labour inspectors have the right to freely visit organizations, regardless of the form of ownership and subordination in which members of the union are employed, to carry out inspections of compliance with labour legislation and legislation. Trade unions, as well as employers ' compliance with the terms of a collective agreement, agreements. Article 20. The rights of trade unions in the field of labor protection and the environment (Federal Law of 30.12.2008) N 309-F) 1. Trade unions have the right to participate in the formulation of State programmes for the protection of labour and the environment, as well as in the development of legal and other regulations governing occupational health and occupational diseases, and environmental safety. (In the wording of Federal Law of 30.12.2008) N 309-F) 2. Trade unions shall exercise trade union control over the protection of labour and the environment through their bodies, authorized persons (trusted) for the protection of labour, as well as their own labour protection inspections, acting on the basis of the provisions approved by the State party. Trade unions. To this end, they have the right to freely visit organizations regardless of their form of ownership and subordination, their structural subdivisions, workplaces where members of the union are employed, and participate in the investigation of accidents; production (work), protection of the rights and interests of members of the trade union on working conditions and safety at work (work), compensation for harm caused to their health at work (work) and other occupational safety and environmental issues of the environment in accordance with federal law. (In the wording of Federal Law of 30.12.2008) N 309-F) 3. In cases of violations that endanger the life and health of workers, trade union bodies in the organization, labour inspectors have the right to demand that the employer immediately correct these violations and simultaneously address them. Federal Labour Inspectorate for urgent action. 4. In the event of failure to comply with the requirements for the elimination of violations, especially in cases of imminent threat to the life and health of employees, trade union bodies, labour inspectors are entitled to demand from the employer, the administration The organization, the official of the suspension, pending the final decision of the Federal Labour Inspectorate. An employer, an official for non-elimination of violations, is liable under the law. (In the wording of Federal Law dated 09.05.2005. N 45 FZ 5. Trade unions have the right to participate in the examination of the safety of working conditions on projects under construction, construction and production facilities, as well as in the examination of the safety of planned and exploited mechanisms and instruments. Article 21. Participation of trade unions in the privatization of State and municipal property Trade unions have the right to have representatives in established commissions for privatization of state and municipal property, including social facilities. The representative of a trade union is one of the representatives of the organization to the appropriate committee for the management of property to participate in the work of the commission for the privatization of the organization and the exercise of trade union control. Article 22. The right of trade unions to social protection of employees 1. The rights of trade unions in the field of social insurance and health, social security, improvement of housing conditions and other types of social protection of employees are regulated by relevant federal laws, as well as by the laws of the subjects of the Russian Federation. 2. Trade unions have the right to participate in the formation of social programs aimed at creating conditions that ensure a decent life and free development of the human person, in the development of measures for social protection of workers, determination of basic criteria of life The level, size of the indexation of wages, pensions, stipends, allowances and compensation according to the changes in the price index, and the right to exercise trade union control over compliance with the legislation in this sphere. Article 23. The right of trade unions to defend the interests of employees in the review bodies labour disputes In cases of violation of labour legislation, trade unions are entitled, at the request of members of the trade union, other workers, and also by The right of the child to education in the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic In order to protect the social, labour and other civil rights and professional interests of their members, trade unions may establish legal services and counselling. Chapter III: GUARANTEES OF THE RIGHTS OF THE SALES Article 24. Guarantees of property rights of trade unions 1. Trade unions, associations (associations), primary trade union organizations own, use and dispose of their property, including the means necessary to fulfil their statutory aims and objectives, They own and use the other property handed over to them in accordance with the established procedure. 2. The recognition, inviolability and protection of the property rights of trade unions, the conditions for the exercise of these rights on an equal basis with other legal entities, irrespective of the form of ownership in accordance with federal laws, the laws of the subjects are guaranteed. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Financial supervision of trade union funds by the executive branch is not carried out except for the control of funds from entrepreneurial activity. Restrictions on independent financial activity of trade unions are not permitted. The property of trade unions may be alienating only by court order. 3. Trade unions are not responsible for the obligations of organizations, State and local authorities, which in turn do not meet the obligations of trade unions. 4. The sources, the procedure for the formation of property and the use of trade union funds are determined by their statutes, the statutes of primary trade union organizations. (In the wording of the Federal Law dated 22 December 2014. N 444-FZ) 5. The property of trade unions may include plots of land, buildings, structures, sanatorium-resort, tourist, sports, other recreational facilities, cultural and educational, scientific and educational institutions Organizations, the housing stock, the organization, including the publishing houses, the printing house, and the securities and other property necessary to ensure the statutory activities of trade unions. (In the wording of the Federal Law of 2 July 2013) N 185-FZ 6. Trade unions have the right to establish banks, solidarity funds and insurance. Cultural and educational funds, education and training funds, as well as other funds consistent with the statutory aims of trade unions. 7. Trade unions are entitled to exercise federal legislation independently, as well as through their revenue-producing organizations, if they are provided for in their statutes, only as long as they do so. to achieve the goals for which they are created, and if that is consistent with such goals. (In the wording of the Federal Law 22.12.2014. N 444-FZ) Article 25. Warranties for employees who are part of union bodies and unreleased core work 1. (Spaged by Federal Law of 01.07.2010) N 146-FZ) 2. (Spaged by Federal Law of 01.07.2010) N 146-FZ) 3. Dismissal on the initiative of the employer of the leaders (their deputies) of elected collegiate bodies of primary trade union organizations, elected collegiate bodies of trade union organizations of organizational units (not less than the aim and in accordance with the Labour Code of the Russian Federation. (In the wording of the Federal Law of 1 July 2010, N 146-FZ) 4. Disciplinary action of authorized labour protection unions and trade union representatives in joint committees (commissions) on labour protection, transfer or dismissal The employer is permitted only with the prior consent of the trade union body in the primary trade union organization. 5. Members of trade union bodies, who are not exempted from the basic labour union, are authorized by the labour protection union, and trade union representatives in the joint committees (commissions) on labour protection are exempted from the basic work for The exercise of trade union responsibilities in the interests of the workers ' collectives, as well as for the duration of short-term trade union studies. The terms of the release from the main work and the procedure for payment of the time for the fulfilment of the trade union duties and the time of their studies are determined by the collective agreement, the agreement. 6. Members of trade union bodies that are not freed from the main work are exempt from it to participate as congress delegates, conferences convened by trade unions and to participate in the work of their elected bodies. The conditions for their release from work and the procedure for payment of the time of participation in these activities are determined by the collective agreement and agreement. Article 26. Warranties for released trade union workers who have been elected (delegated) to trade-union organs 1. Trade union workers who have been released from work in the organization as a result of election (delegation) to elective office are made available after the end of their term of office (post), and in the absence of the other The equivalent work (post) in the same or with the consent of the employee in another organization. 2. In the event of the reorganization of the organization, the employer or his successor, and in the event of the liquidation of the organization, the trade union retains the union In the case of a worker, his average salary for the period of employment is not more than six months, and in the case of studies or reclassifications for up to one year. 3. The time of work of the released trade union members (delegated) to the trade union bodies is credited to them in the general and special length of service. 4. Freed trade union workers elected (delegated) to the body of the primary trade union organization have the same social and labour rights as other employees of the organization, in accordance with the collective agreement. Article 27. The guarantee of the right to work of employees, members of trade union bodies , the employer of employees who were members of trade union bodies, is not permitted within two years after the expiry of their term of office. powers, except in cases of liquidation of the organization or commission of actions for which the federal law provides for dismissal. In such cases, the dismissal shall be in accordance with the procedure provided for in article 25, paragraph 3, of this Federal Act. Article 28. The employer's responsibilities to create trade unions activity 1. The employer shall provide the trade unions operating in the organization with the equipment, premises, vehicles and means of communication required for their operation in accordance with the collective agreement free of charge. 2. The employer may transfer to the trade unions, free of charge, the organizations located on the balance of the organization or the rented buildings, facilities, premises and other facilities, as well as recreational facilities, sports and health centres needed for the organization Recreation, maintenance of cultural and educational activities with employees and their families. The maintenance, repair, heating, lighting, cleaning, protection and equipment of these facilities are carried out by the organization, unless otherwise stipulated by a collective agreement. The list of objects and amounts of contributions to the trade unions for their social and cultural and other work in the organization are determined in the manner and under the conditions established by federal law and by the law of the subjects. The Russian Federation, the collective agreement, the agreement. 3. If there are written statements made by employees who are members of a trade union, the employer shall pay monthly and free membership fees to the union's account from the employees ' wages in accordance with the collective agreement and the agreement. The employer may not detain an enumeration of these funds. 4. In organizations where trade unions have collective agreements, agreements or are subject to sectoral (cross-sectoral) tariff agreements, employers for written statements by non-unionists, Monthly transfer of wages to the trade unions ' accounts from the wages of these employees on terms and in accordance with the procedure established by collective agreements, sectoral (cross-sectoral) tariff agreements. In the event that there are more than one trade union involved in the signing of a collective agreement or a sectoral (cross-sectoral) tariff agreement, the funds are transferred to the accounts of these unions in proportion to the number of members. Chapter IV: PROTECTION OF THE RIGHTS OF PROFESSION Article 29. Judicial protection of trade union rights The protection of trade union rights is guaranteed. The cases of violations of trade union rights are heard by the court on the application of the prosecutor or on the suit or complaint of the relevant trade union body, the primary trade union organization. Article 30. Responsibility for violation of trade union rights 1. For violation of the law on trade unions, officials of state bodies, local self-government bodies, employers, officials of their associations (unions, associations) are subject to disciplinary, administrative and criminal liability. federal laws. 2. The bodies of all-Russian trade unions, associations (associations) of trade unions and primary trade union organizations have the right to demand disciplinary action up to the dismissal of officials who violate the law on trade unions. in the form of a collective agreement. At the request of the said trade union bodies, the employer is obliged to terminate the employment contract (contract) with the official, if it violates trade union law, does not comply with its obligations under the collective agreement; Agreement. Chapter V. ACCOUNTABILITY Article 31. The responsibility of trade unions For failure to comply with its obligations under the collective agreement, the agreement, the organization and the holding of a strike declared illegal by the court, the trade unions and the members of their governing bodies shall be held accountable in accordance with federal laws. Chapter VI: FINAL PROVISIONS Article 32. The entry into force of this Federal Law is effective from the date of its official publication. Article 33. To bring legal acts into compliance with this Federal Law Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its legal acts into conformity with the present Federal law. President of the Russian Federation Yeltsin Moscow, Kremlin 12 January 1996 N 10-FZ