Employers ' Associations Act

Original Language Title: Об объединениях работодателей

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
RUSSIAN FEDERATION FEDERAL LAW On employers ' associations Adopted by the State Duma on 30 October 2002 Approved by the Federation Council on 13 November 2002 class="ed">(In the wording of federal laws of 05.12.2005) N 152-FZ; of 01.12.2007 N 307-FZ; dated 02.07.2013 N 185-FZ; of 24.11.2014 N 358-FZ; dated 28.11.2015. N 355-FZ Article 1. Scope of this Federal Law 1. This Federal Law defines the legal position of employers ' associations, the procedure for their establishment, activities, reorganization and liquidation. 2. This Federal Act applies to all employers ' associations working in the territory of the Russian Federation. Article 2: Employers ' right to join 1. Employers in the interests of representation and protection of their rights and legally protected interests without prior permission of state authorities, local self-government bodies, other bodies have the right to create on a voluntary basis Employers 'associations, as well as to join employers' associations in accordance with the regulations established by the statutes of employers ' associations. 2. The State shall promote the exercise of the right of employers to join, the participation of employers ' associations in the manner prescribed by federal laws and other normative legal acts of the Russian Federation, in the formation and implementation of the law. State policy in the sphere of social and labor relations and related economic relations, provides support to employers ' associations as socially oriented non-profit organizations in accordance with federal laws, including granting to employers who are members of the association Employers, in accordance with the legislation on taxes and levies on taxation in respect of their contributions to employers ' associations, creates other conditions that encourage employers to join employers. (The article is in the wording of Federal Law of 24 November 2014. N358-FZ) Article 3. The concept of employers 'union and legal employers' union position 1. Employers 'association is an association (union) based on the voluntary membership of employers (legal and (or) natural persons) and (or) employers' associations. The employers ' union is a socially oriented non-profit organization. The employers ' associations may be found to include other non-profit organizations that combine business entities. In the wording of the Federal Law No. N 355-FZ) 1-1. Employers ' associations independently determine the programme of their activities, including their programmes and charters under this Federal Act and other federal laws Socio-labour relations and related economic relations, vocational training, health protection for workers, promotion of employment, social insurance and other social problems, and Civil society development. (Part of the addition is the Federal Law of 24.11.2014). N358-FZ 2. The legal position of employers ' associations is determined by the Constitution of the Russian Federation, the international treaties of the Russian Federation, the Federal Law and other federal laws. Article 4: Types of employers ' associations 1. Employers ' associations can be established by territorial (regional, interregional), industry, and clustering characteristics. 2. All-Russian association of employers-the association, which includes at least three all-Russian employers 'associations of employers, as well as regional employers' associations, which together carry out their activities in the territories of more than half of the constituent entities of the Russian Federation. The statutes of the All-Russian employers ' association may provide for the membership of employers as well. 3. All-Russian branch (s) of the employers ' association, which includes the employers of the branch (s) or the type (s) of economic activity which together carry out their activities in the territories Half of the constituent entities of the Russian Federation and (or) have at least one half of the total number of employees in the same branch (s) or of the same type (s) of economic activity. The Constitution of the All-Russian (cross-sectoral) union of employers may include the relevant interregional sectoral (cross-sectoral) associations of employers, regional sectoral (cross-sectoral) Associations of employers, territorial (cross-sectoral) employers ' associations. 4. The Interregional Union of Employers-the association, which includes the regional employers ' associations, together carrying out its activities in the territories of less than half of the constituent entities of the Russian Federation. The Charter of the Interregional Union of Employers may also provide for the relevant interregional sectoral (cross-sectoral) associations of employers and (or) territorial associations of employers carrying out their work. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. Interregional sectoral (cross-sectoral) grouping of employers-the association, which includes relevant regional (cross-sectoral) employers ' associations, which together carry out their activities in the territory of less OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Charter of the interregional sectoral (cross-sectoral) union of employers may provide for membership in it also relevant territorial (cross-sectoral) associations of employers, employers of the same industry (branches) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6. The employers 'regional association, which includes the territorial associations of employers, regional (cross-sectoral) employers' associations, and territorial sectoral (cross-sectoral) employers ' associations, Other non-profit organizations that combine business entities that together carry out their activities in the territories of at least one quarter of the municipal entities of the relevant constituent entity of the Russian Federation Federation (except cities of federal significance) The Russian Federation, the Republic of Turkey, the Russian Federation, the Republic of Belarus and the Russian Federation 7. The Regional Association of Employers of the Federal City of Moscow-the association, which includes the territorial associations of employers, regional branch (inter-sectoral) associations of employers, other non-profit organizations, uniting the business entities, which together carry out their activities in the territories of not less than half of the administrative districts of the city of federal significance of Moscow. The Charter of the Regional Association of Employers of the Federal City of Moscow may provide for the membership of the employers who carry out their activities on the territory of the federal city of Moscow. 8. The Regional Association of Employers of the City of Federal Value of St. Petersburg is a union composed of territorial associations of employers, regional (cross-sectoral) associations of employers, other non-profit organizations. Organizations that unite business entities that together carry out their activities in the territories of not less than half of the administrative districts of the city of federal significance of St. Petersburg. The Charter of the Regional Association of Employers of the Federal City of St. Petersburg may provide for the membership of the employers who carry out their activities on the territory of the city of federal significance of St. Petersburg. 9. The regional association of employers of the federal city of Sevastopol-the association, which includes the territorial associations of employers, regional branch (inter-sectoral) associations of employers, other non-profit organizations, uniting the business entities, which together carry out their activities in the territories of not less than half of the administrative districts of the federal city of Sevastopol. The Charter of the Regional Association of Employers of the Federal City of Sevastopol may provide for the membership of employers who carry out their activities on the territory of the federal city of Sevastopol. 10. Regional branch (cross-sectoral) union of employers-the association, which includes relevant territorial industry (cross-sectoral) associations of employers and (or) employers of the same branch (s) or the same type OF THE PRESIDENT OF THE RUSSIAN FEDERATION 11. The territorial association of employers-the association, which includes the territorial sectoral (inter-sectoral) associations of employers and (or) employers who carry out their activities in the territory of the corresponding municipality Education. 12. Territorial branch (s) of employers-the association, which includes the employers of the branch (s) or the type (s) of the economic activity which carries out its activities in the territory of the employer of municipal education. (Article in the wording of Federal Law of 24.11.2014) N358-FZ) Article 5. The principles of employers ' union activities 1. The employers ' union activities are carried out on the basis of the principle of voluntary participation and withdrawal of employers and (or) their associations. 2. The employers ' association determines the objectives, types and directions of its activities. 3. Interaction of employers ' associations, trade unions and their associations, bodies of state power, local self-government bodies in the sphere of social and labour relations and related economic relations is carried out on the basis of the principles of social partnership. Article 6. Independence of employers ' associations 1. Employers ' associations operate independently of the State authorities, local authorities, trade unions and their associations, political parties and movements, and other social organizations (Associations). 2. The interference of public authorities, local authorities and their officials in the activities of employers 'associations may be prohibited, which may result in restrictions on the rights of employers' associations established by the employers ' associations. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The procedure for the interaction of employers 'associations is determined by them in accordance with their statutes and the decisions of the employers' associations. Article 7. The rights of employers ' union members 1. Members of employers ' associations have equal rights. 2. Members of employers 'association have the right: 1) to participate in the formation of employers' associations in the manner determined by the employers ' association; 2) to submit to the administration Employers 'associations of the proposal concerning the activities of employers' union, participation in their consideration, and the adoption of the relevant decisions in the manner determined by the employers ' association; 3) To participate in the determination of the content and structure of the concluded The association of employers of agreements governing social and labour relations and related economic relations (hereinafter referred to as "agreements"); 4) to obtain information on the activities of the employers ' association, the agreements it has concluded, and Also, the texts of these agreements; 5) receive from employers 'associations the assistance provided by the Employers' Associations; (In the wording of the Federal Law from 24.11.2014. N 358-FZ) 6) freely to leave the employers 'union; 7) other statutory employers' associations. Article 8. The duties of the employers 'union members The members of the employers' union must: comply with the requirements of the employers 'association; to comply with the terms of the agreements entered into by the employers' union, To comply with the obligations set out in those agreements. Article 9. Responsibility of employers ' union members for violating or violating agreements, regulating social and labor relations, and related economic relations Relations and prisoners union of employers (In the wording of Federal Law of 24.11.2014) N358-FZ) 1. Violation or non-fulfilment by a member of the association of employers of obligations under the agreements governing social and labour relations and related economic relations and the association of employers shall entail Liability in the manner prescribed by federal law. Liability of a member of the union of employers for the breach or failure of obligations under the agreements governing social and labour relations and related economic relations; and by the association of employers, it may also be envisaged by the employers ' association. (Part of the Federal Law dated 24.11.2014. N358-FZ 2. The termination by the employer of its membership in the employer's association shall not exempt it from the liability provided for in the legislation of the Russian Federation, agreements for breach or failure to comply with the obligations set out in the Agreements, In the case of a person who is a member of the employer's membership in the association. 3. An employer who has joined employers during the period of the agreements entered into by this association shall be liable for the breach or failure to comply with the obligations laid down in the agreements, in accordance with the procedure established by law. THE RUSSIAN FEDERATION Article 10. Creating Employers ' Union 1. The association of employers is established on the basis of the decision of its founders in accordance with the procedure established by the Civil Code of the Russian Federation, the Federal Act of 12 January 1996 No. 7-FZ "On non-profit organizations", by this Federal Act. (In the wording of the Federal Law of 24.11.2014). N358-FZ) 1-1. The founders of employers 'associations may be at least three employers or two employers' associations, unless otherwise established by this Federal Act. (Part of the addition is the Federal Law of 24.11.2014). N358-FZ 2. The legal capacity of employers ' association as a legal entity arises from the moment of its state registration under the federal law on State registration of legal entities. 3. The State registration of the All-Russian employers 'associations, the All-Russian employers' associations of employers is carried out without a special permission to use the words in the names of these employers ' associations. "Russia", "Russian Federation" and formed based on the phrase. (Part of the addition is the Federal Law of 24.11.2014). N 358-FZ) Article 10-1. (...) (...) (...) N 355-FZ) Article 10-2. The name of the employers ' union 1. The name of the employer's association must include an indication of the type of union of employers in accordance with article 4 of this Federal Act. The name of the employers ' union may include the words "union", "association", "partnership". 2. The employer's association, which does not meet the requirements set out by this Federal Act for the union of employers of the type concerned, is not entitled to use the words "employers ' union" in their name and educated at their employers. based on the phrase. N 355-FZ) Article 11. Constituent documents of employers ' associations 1. The constituent instruments of employers ' associations are statutes. 2. The employer's employer association must define: 1) the name of the employers 'union; 2) the purpose and objectives of the employers' union; 3) the location of the employers ' union; 4) order employers 'union management; 5) rights and obligations of employers' union members; 6) conditions and procedure for joining and leaving employers ' associations; 7) sources of property formation Employers ' Associations; 8) Order of Order Changes to the constitution of employers 'associations; 9) structure, establishment and powers of employers' associations, order of decision; 10) procedure for endowment of representatives and (or) representatives Employers ' association with the power to bargain collectively for the preparation, conclusion and amendment of agreements, as well as to participate in conciliatory procedures in the event of collective labour disputes; 11) others are not OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Russian Federation 3. The employer's association may provide for the liability of a member of the employers 'association for non-compliance with the provisions of the Statute and decisions of the employers' associations. 4. Changes to the employers ' association are made on the basis of the decision of its supreme authority. Article 12. The employers 'associations Structure, the procedure for the formation and powers of the employers' associations, the procedure for their decision-making is established by the employers ' association. Article 13. The right of employers ' union 1. The union of employers has the right: 1) (Federal Act No. N 358-FZ 2) (Federal Act No. 24.11.2014) N 358-FZ ) 3) present and protect the rights and legally protected interests of the members of the employers 'union, as well as the employers of employers' associations affiliated to the employer, and Business entities, federated to non-profit organizations, members of the employers 'union, in the cases and in the manner established by the statutes of employers' associations; (In the wording of the Federal Law dated 24.11.2014. N 358-FZ) 4) to take the initiative of holding collective negotiations on the preparation, conclusion and modification of agreements; 4-1) if there is no federal, interregional, regional or The territorial level of social partnership of the sectoral (cross-sectoral) employers ' union of its power to conduct collective bargaining, conclusion or amendment of agreements governing social and labour relations and related matters economic relations, collective labour disputes over the conclusion or amendment of these agreements, as well as its powers in forming and carrying out the activities of the commissions on regulation of social and labour relations, may take the form of interregional, A regional, territorial association of employers if the membership of the employer's association meets the requirements laid out in this Federal Law for the relevant sectoral (cross-sectoral) employers ' union; (Paragraph added: Federal law dated 24.11.2014. N 358-FZ) 4-2) invite non-employer employers to participate in collective bargaining agreements governing social and labour relations economic relations, by joining the association of employers or in other forms, as defined by the employer's association; (The paragraph is supplemented by the Federal Law from 24.11.2014. N 358-FZ ) 4-3) to monitor the implementation of the agreements between employers and the social and labour relations of employers, including the related economic relations regional minimum wage agreements, other parties to these agreements, and employers who have authorized the association of employers on their behalf to enter into these agreements or have acceded to these agreements after their conclusion and by the employers on which the agreements are in force In accordance with the procedure established by the Labour Code of the Russian Federation; (Federal Act No. N 358-FZ) 5) empower its representatives to conduct collective negotiations on the preparation, conclusion and modification of agreements, to participate in the formation and activities of the respective regulatory commissions Social and labour relations, conciliation commissions, labour arbitration for the review and resolution of collective labour disputes; 6) to be brought before the relevant State authorities, local authorities Proposals for the adoption of laws and other regulatory legal acts In matters affecting the rights and legally protected interests of employers, to participate in the development of these normative legal acts; (In the wording of the Federal Law dated 24.11.2014 N 358-FZ) 6-1) to participate in the manner prescribed by federal law in the elaboration and (or) discussion of draft laws and other regulatory legal acts, other acts of public authorities, bodies of local self-government in the development of strategic planning documents; (Paragraph added is the Federal Law of 24.11.2014). N358-FZ 6-2) to challenge in its name, in the manner prescribed by federal law, any acts, decisions and (or) acts (inaction) of the State authorities of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION href=" ?docbody= &prevDoc= 102079011&backlink=1 & &nd=102362474 " target="contents "title=" "> dated 24.11.2014 [ [ Law of the Russian Federation]], [ [ Law of the Russian Federation]], and other regulatory legal acts of the constituent entities of the Russian Federation by the normative legal acts of the local self-government bodies, their representatives to the public councils, the permanent and temporary working groups, the commissions created in the executive and legislative branches, and the local authorities Self-Government in matters affecting legally protected interests The employers in the sphere of social and labor relations and related economic relations; (the paragraph is supplemented by the Federal Law of 24.11.2014). N 358-FZ) 7) to take part in the formation and implementation of state policy in the sphere of the Russian Federation in the manner prescribed by federal laws and other legal acts of the Russian Federation -Socio-labor relations and related economic relations; (as amended by the wording of the Federal Law of 24.11.2014). N 358-FZ 8) to hold consultations (negotiations) with trade unions and their associations, the executive branch, local government bodies in the main directions of social and economic policy; 8-1) to participate in the procedure established by federal laws and other regulatory legal acts of the Russian Federation, in the formation of the main directions of migration policy, determining the needs of the economy in attracting and the use of foreign workers; Federal Law of 24.11.2014 N 358-FZ) 9) obtain from trade unions and their associations, executive authorities and local authorities the information they have on social and labour issues needed for collective bargaining. Negotiations for the preparation, conclusion and modification of agreements, the monitoring of their implementation by; 10), to participate in monitoring and forecasting the needs of the economy in qualified personnel, and also in the formulation and implementation of public policies in the field of Secondary vocational education and higher education, including the development of federal state educational standards, formation of lists of professions, specialties and areas of training, State accreditation Educational activities of professional educational organizations and higher education institutions, in accordance with the procedure established by the Government of the Russian Federation; (Paragraph added-Federal law dated 01.12.2007 N 307-FZ) (In the wording of the Federal Law of 02.07.2013) N 185-FZ) 11) to participate in the procedure established by federal laws and other normative legal acts of the Russian Federation in the creation and development of a system of professional qualifications in the Russian Federation. The Federation, the development of an independent appraisal system for the qualification of an employee, the development and appraisal of professional standards projects. (The paragraph is amended by the Federal Law of 24.11.2014). N358-FZ) 1-1. The Employers ' Association may also have other rights in addition to those set out in Part 1 of this article. (Paragraph 11 is considered part 1-1 and the wording of the federal law dated 01.12.2007. N 307-FZ 2. Employers ' associations have the same rights as trade unions and their associations, and the bodies of the State authorities to equal representation in the administration of public extrabudgetary funds in accordance with the law of the Russian Federation. Article 14. Employers 'employers' association Employers ' union is obliged: to conduct collective bargaining, in accordance with federal laws, collective bargaining, under agreed terms of the agreement, Regulating the social and labour relations and their economic relations; (as amended by the Federal Act of 24 November 2014). N 358-FZ) to implement the agreements in the part concerning the employer's association; to provide members with information on the association of employers ' agreements and the texts thereof agreements; to provide trade unions and their associations, executive authorities and local government bodies with information on social and labour issues required for the association of employers collective bargaining for preparation, conclusion and modification agreements, monitoring the implementation by members of the association of employers of agreements entered into by the employer's association and regulating social and labour relations and related matters. Economic relations, including regional agreements on minimum wages; N 358-FZ) To promote the association of employers with obligations under the agreements as well as collective agreements concluded by employers ' employers; class="ed"> (Overtaken by Federal Law of 24.11.2014) N 358-FZ) (Spanged by Federal Law of 24.11.2014). N 358-FZ maintain an employer's register of employers 'associations containing information about employers, including the type (s) of their economic activity, employers' associations and other non-profit organizations organizations that are part of the employers ' union. The employers ' association, which is part of the All-Russian Association of Employers, is the all-Russian sectoral (sectoral, cross-sectoral), regional, regional branch (cross-sectoral), the territorial association of employers, and represents the regional branch of employers. The employers 'associations are informed of their members in the register of employers' associations; (Paragraph added-Federal law dated 24 November 2014 N 358-FZ) to perform other duties as stipulated in the association of employers. Article 15. The responsibility of employers ' union 1. The association of employers is responsible for the violation or failure to comply with the agreements it has concluded with regard to the obligations of the association in accordance with the procedure provided for in the legislation of the Russian Federation. 2. Employers ' associations are not responsible for the obligations of their members, including their obligations under the agreements concluded by that employer's association. Article 16. The property of the employers ' union 1. The association of employers may have ownership and other rights of land, buildings, structures, structures, housing stock, equipment, tools, money in rubles and foreign currency, securities and other property. 2. Members of the employers ' union, when leaving the employer's union, do not retain their rights to the union of the property of the employer, including membership and other contributions, unless otherwise stipulated by the association's statute. employers. 3. The employers 'union does not correspond with the obligations of the employers' union members. Article 17. Reorganization, employer union elimination 1. Reorganization, elimination of employers 'union is carried out on the basis of an appropriate decision of the highest authority of the employers' union. The Employers ' Union may be reorganized and eliminated also in cases established by federal laws. 2. The reorganization and elimination of employers ' associations are carried out in accordance with the procedure established by federal laws. Article 18. Transitional provisions 1. Organizations established prior to the entry into force of this Federal Law and exercising the rights and duties of employers ' associations are obliged to bring their constituent documents into conformity with this Federal Law by 1 November 2007. Before these organizations bring their constituent documents into conformity with this Federal Act, these documents shall be in force in part not contrary to this Federal Act. 2. These organizations, which have failed to bring their founding documents into line with this Federal Act within the time limit set out in Part 1 of this article, are not entitled to exercise the rights and obligations of employers ' associations provided for in this article. A true federal law. (In the wording of the Federal Law No. N 152-FZ) Article 19. Entry into force of this Federal Law This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin November 27, 2002 N 156-FZ