Employers ' Associations Act

Original Language Title: Об объединениях работодателей

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102079011

RUSSIAN FEDERATION federal law on employers ' unions adopted by the State Duma October 30, 2002 year approved by the Federation Council November 13, 2002 onwards (as amended by the federal laws from 05.12.2005 N 152-FZ;
from 01.12.2007 N 307-F3; from 02.07.2013 N 185-FZ;
from 24.11.2014 N 358-FZ; from 28.11.2015 N 355-FZ), Article 1. The scope of this federal law 1. This federal law defines the legal status of employers ' associations, the order of their establishment, operation, reorganization and liquidation.
2. The effect of this federal law applies to all employers ' associations operating in the territory of the Russian Federation.
Article 2. The right of employers to Association 1. Employers for the purposes of representation and protection of their rights and interests protected by law without prior permission from State authorities, local self-government bodies, other bodies have the right to form employers ' associations on a voluntary basis, as well as engage in employers ' associations in the manner prescribed by the statutes of associations of employers.
2. The State promotes the realization of the right of employers to Association, participation of employers ' associations in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, in the formulation and implementation of State policy in the sphere of social and labor relations and related economic relations, in accordance with the federal laws support the employers ' associations as a socially oriented non-profit organizations, including the provision of employers that are members of the employers ' associations, in accordance with the legislation on taxes and fees tax benefits in the part of their employers ' contributions creates other conditions, stimulating the entry of employers in the employers ' associations.
(Article in the Editorial Office of the Federal law dated 24.11.2014 g. N 358-FZ), Article 3. The concept and legal status of employers ' associations of employers 1. Employers ' Association-view an Association (or Union) based on voluntary membership of employers ' organizations (legal entities and (or) physical persons) and (or) employers. Employers ' Association is a socially oriented non-profit organization. Charter of employers ' associations may provide for the inclusion in it of other non-profit organizations that bring together entrepreneurs. (As amended by the Federal law of 28.11.2015 N 355-FZ) 1-1. Employers ' Association independently determine its programme of activities, including include their programmes and statutes in accordance with this federal law and other federal laws implementation activities in the fields of socio-labour relations and related economic relations, professional education, the protection of workers ' health at work, the promotion of employment, social security and the other aimed at solving social problems and the development of civil society activities. (Part is supplemented by federal law from 24.11.2014 N 358-FZ)
2. employers ' legal position is defined by the Constitution of the Russian Federation, international treaties of the Russian Federation, this federal law and other federal laws.
Article 4. Types of employers ' associations 1. Employers ' associations may be established on a territorial (regional, interregional), sectoral, territorial-branch lines.
2.-which promotes the Association, which includes no less than three Russian branch (cross-sectoral) employers ' associations, as well as regional associations of employers, collectively carrying out their activity in the territories for more than half of the constituent entities of the Russian Federation. Charter of the Russian employers ' Association may establish membership employers.
3. All-Russian branch (cross-sectoral) employers ' Association-Association, which includes employers, industries (industries) or type (types) of economic activity, which together operate in the territories for more than half of the constituent entities of the Russian Federation and (or) which has an employment relationship not less than half of the total number of workers in the same industry (industries) or of the same type (types) of economic activity. Charter of the Russian branch (intersectoral) employers ' associations may provide its membership with the relevant interregional branch (cross-sectoral) employers ' associations, regional industry (cross-sectoral) employers ' associations, local industry (cross-sectoral) employers.
4. Interregional Association of employers ' Association, which includes regional employers ' associations, in the aggregate, carrying out their activity on the territories of less than half of the subjects of the Russian Federation. Charter of the interregional association of employers may include membership of the relevant interregional branch (cross-sectoral) employers and (or) territorial employers ' associations operating in the territories of the data subjects of the Russian Federation.
5. interregional branch (cross-sectoral) employers ' Association-Association, which includes relevant regional industry (cross-sectoral) Association of employers, collectively carrying out their activity on the territories of less than half of the subjects of the Russian Federation. Charter for interregional sectoral (intersectoral) employers ' associations may provide its membership with the relevant territorial branch (cross-sectoral) employers, employers in the same industry (industries) or of the same type (types) of economic activity in the territories of the data subjects of the Russian Federation.
6. the regional employers ' Association-Association, which includes territorial employers ' associations, regional branch (cross-sectoral) employers ' associations, local industry (cross-sectoral) employers ' associations, other non-profit organizations, uniting businesses, which collectively operate in Territories not less than one fourth part of the municipalities of the relevant constituent entity of the Russian Federation (except for the cities of federal importance Moscow, St. Petersburg and Sevastopol), or not less than twenty-five employers carrying out their activity on the territory of the Russian Federation.
7. the regional employers ' Association of the city of federal importance Moscow-Association, which includes territorial employers ' associations, regional branch (cross-sectoral) employers ' associations, other non-profit organizations, uniting businesses, which collectively operate in the territories of at least half of the districts of federal importance Moscow. The Charter of the regional employers ' associations of the city of federal importance Moscow may provide membership employers operating in the territory of the city of federal importance Moscow.
8. the regional employers ' Association of the city of Federal significance of St. Petersburg Association of territorial employers ' associations, regional branch (cross-sectoral) employers ' associations, other non-profit organizations, uniting businesses, which collectively operate in the territories of at least half of the administrative districts of the city of Federal significance of St. Petersburg. The Charter of the regional employers ' associations of the city of Federal significance of St. Petersburg can provide membership employers operating in the territory of the federal city of Saint Petersburg.
9. the regional employers ' Association of the city of Federal significance-Sebastopol Association, which includes territorial employers ' associations, regional branch (cross-sectoral) employers ' associations, other non-profit organizations, uniting businesses, which collectively operate in the territories of at least half of the administrative districts of the city of Federal significance of Sevastopol. The Charter of the regional employers ' associations of the city of Federal significance of Sevastopol may include membership employers operating in the territory of the city of Federal significance of Sevastopol.

10. the regional branch (cross-sectoral) employers ' Association-Association, which includes corresponding territorial branch (cross-sectoral) Association of employers and/or employers in the same industry (industries) or of the same type (types) of economic activity, carrying out their activity on the territory of the Russian Federation.
11. the territorial Association of employers ' Association, which includes territorial branch (cross-sectoral) Association of employers and/or employers, carrying out their activity on the territory of the municipality.
12. the territorial branch (cross-sectoral) employers ' Association-Association, which includes employers, industries (industries) or type (types) of economic activity, carrying out their activity on the territory of the municipality.
(Article in the Editorial Office of the Federal law dated 24.11.2014 g. N 358-FZ), Article 5. Principles of activities of employers ' associations 1. The activities of employers ' associations is carried out on the basis of the principle of voluntary accession and withdrawal of employers and/or their associations.
2. Employers ' Association determines objectives, types and directions of its activity.
3. interaction of employers ' associations, trade unions and their associations, bodies of State power, bodies of local self-government in the sphere of social and labor relations and related economic relations is based on the principles of social partnership.
Article 6. Independence of the employers ' associations 1. Employers ' organizations operate independently from public authorities, local self-government bodies, trade unions and their associations, political parties and movements, other public organizations (associations).
2. it is forbidden the intervention of the State authorities, local self-government bodies and their officials in the activities of employers ' associations, which may entail a restriction of the rights of employers ' organizations established by international treaties of the Russian Federation, this federal law, other federal laws and other regulatory legal acts of the Russian Federation.
3. How employers ' organizations is determined by them in accordance with their statutes, the decisions of the managing bodies employers.
Article 7. Rights of the members of the employers ' associations 1. Members of the employers ' associations have equal rights.
2. the members of the employers ' associations have the right to: 1) take part in the formation of employers ' management bodies in accordance with the procedure determined by the Charter Association of employers;
2) revert to the management bodies of employers ' Association of the proposals relating to the activities of employers ' associations, participate in their consideration, and also to make appropriate decisions in accordance with the procedure determined by the Charter Association of employers;
3) to participate in the determination of the content and structure of employers ' Association concluded agreements governing labor relations and related economic relations (hereinafter-the agreement);
4) receive information about the activities of employers ' associations, agreements concluded by it as well as the texts of these agreements;
5) receive from the employers ' assistance, as provided for by the Charter Association of employers; (As amended by the Federal law of 24.11.2014 N 358-FZ) 6) is free to withdraw from employers ' associations;
7) other employers ' statutory rights.
Article 8. Duties of employers ' associations, members of the employers ' associations are required to comply with the requirements of the Charter: employers ' associations;
comply with the terms of the agreements concluded by the Association of employers to comply with the obligations under these agreements.
Article 9. Responsibility of the members of the employers ' associations for breach or non-fulfilment of agreements regulating labor relations and related economic relations and prisoners Association of employers (as amended by the Federal law of 24.11.2014 N 358-FZ dated December 30, 2008) 1. Violation or failure to give a member of employers ' obligations under agreements governing labor relations and related economic relations and employers Association shall entail liability in the manner prescribed by federal laws.
The responsibility of the member associations of employers for violation or failure to comply with obligations under agreements governing labor relations and related economic relations and the employers Association, the statutes may provide for employers ' associations.
(The part in edition of the Federal law dated 24.11.2014 g. N 358-FZ)
2. termination by the employer of its membership in association of employers does not relieve him from responsibility under the legislation of the Russian Federation, the agreements for the violation or failure to comply with obligations under the agreements concluded during the period of membership of an employer in a specified merge.
3. an employer who entered into employers ' Association during the period of validity of the agreements the Association is responsible for the violation or failure to comply with obligations under agreements in the manner prescribed by the legislation of the Russian Federation, these agreements.
Article 10. Creating employers ' associations 1. Employers ' Association is created based on the decision of its founders in the manner prescribed by the Civil Code of the Russian Federation, the Federal law of January 12, 1996 year N 7-FZ "on non-commercial organizations", this federal law. (As amended by the Federal law of 24.11.2014 N 358-FZ) 1-1. The founders of the employers ' associations may not be less than three employers or two employers ' organizations, unless otherwise stipulated by this federal law. (Part is supplemented by federal law from 24.11.2014 N 358-FZ)
2. capacity of employers ' Association as a legal person arises from the moment of its State registration in accordance with the Federal law on State registration of legal entities.
3. State registration of all-Russian employers ' associations, nationwide branch (cross-sectoral) employers ' associations is carried out without special permission to use the names of these employers the words "Russia", "Russian Federation" and educated on their basis of phrases. (Part is supplemented by federal law from 24.11.2014 N 358-FZ) Article 10-1. (Repealed-federal law N 28.11.2015 355-FZ) Article 10-2. Name of employers ' associations 1. Name of employers ' associations must contain an indication of the views of employers ' associations in accordance with article 4 of the present Federal law. In the name of employers ' associations can be incorporated in including the word "Union", "Association", "partnership".
2. Employers ' Association, does not meet the requirements established by this federal law to the Association of employers of the relevant species shall not use in its name the words "employers ' Association" and educated on their basis.
(Article supplemented by federal law from 28.11.2015 N 355-FZ), Article 11. The founding documents of the employers ' associations 1. The founding documents of the employers ' associations are charters.
2. Articles of Association of employers shall determine: 1) the name of the employers ' associations;
2) the aims and purposes of the Association of employers;
3) location of employers ' Association;
4) management of employers Association;
5) rights and obligations of members of the employers ' associations;
6) the conditions and procedure for admission to membership in the Association of employers and exit;
7) sources of the formation of employers ' property;
8) procedure for amending the articles of Association of employers;
9) structure, the procedure for the establishment and powers of the management of employers ' organizations, decision-making rules;
10) the procedure conferring representative and (or) representatives of employers ' associations the authority to bargain collectively for the preparation, conclusion and alteration agreements, as well as to participate in conciliation in collective labour disputes arise;
11) other not contradicting the Constitution of the Russian Federation and the provisions of the legislation of the Russian Federation.
3. the Charter of employers ' associations may be the responsibility of the member associations of employers for non-compliance with the provisions of the Charter, the decisions of the management of employers ' organizations.
4. Changes to the articles of Association of employers shall be made on the basis of the decision of its supreme body control.
Article 12. Employers ' management bodies

The structure, procedure of formation and powers of the management bodies, employers ' associations, decision-making rules are established by the Charter of the Association of employers.
Article 13. Employers ' rights 1. Employers ' Association has the right to: 1) (lost effect-the Federal law dated 24.11.2014 g. N 358-FZ) 2) (repealed-Federal Law 24.11.2014 N 358-FZ) 3) to represent and protect the rights and legitimate interests of members of the employers ' associations, as well as the employers members of employers ' associations, members of the Association of employers and businesses United to nonprofits included in this Union of employers in the cases and pursuant to procedure established by the statutes of Association of employers; (As amended by the Federal law of 24.11.2014 N 358-FZ)) 4 to initiate collective bargaining on the preparation, conclusion and alteration agreements;
4-1) in the absence of federal, interregional, regional or territorial level of social partnership, sectoral (intersectoral), the employers ' Association of its authority to conduct collective negotiations, conclude or amend agreements governing labor relations and related economic relations, the settlement of collective labour disputes concerning the conclusion or modification of these agreements, as well as his powers when formulating and implementing the activities of the commissions on regulation of socio-labour relations may exercise respectively the Finnish , interregional, regional, territorial Association of employers, if the members of the employers ' Association meets the requirements established by this federal law for the corresponding sectoral (intersectoral) employers ' associations; (Para supplemented by federal law from 24.11.2014 N 358-FZ), 4-2) propose to engage employers that are not members of the employers ' associations, collective bargaining agreements, regulating labor relations and related economic relations through membership in the Association of employers or in other forms, certain data from employers Association; (Para supplemented by federal law from 24.11.2014 N 358-FZ), 4-3) to monitor prisoners employers association agreements governing labor relations and related economic relations, including regional agreements on the minimum wage, the other parties to these agreements, as well as employers, who have authorized the Association of employers on their behalf to conclude these agreements or acceded to those agreements after their conclusion and employers on which these agreements are distributed in the manner prescribed by the labour code of the Russian Federation; (Para supplemented by federal law from 24.11.2014 N 358-FZ) 5) empower their representatives authority to bargain collectively for the preparation, conclusion and alteration agreements to participate in the formation and activities of the relevant commissions on regulation of socio-labour relations, conciliation boards, labour arbitration review and settlement of collective labour disputes;
6) to amend the relevant State authorities, local self-government proposals on the enactment of laws and other normative legal acts on matters affecting the rights and legally protected interests of employers who participate in the development of these regulatory acts; (As amended by the Federal law of 24.11.2014 N 358-FZ), 6-1) to participate in the prescribed manner to the development of federal laws and (or) the discussion of draft laws and other regulatory legal acts, other acts of State authorities, local self-government bodies in the development of strategic planning documents; (Para supplemented by federal law from 24.11.2014 N 358-FZ), 6-2) challenge on its behalf in accordance with the procedure established by federal laws all acts, decisions and/or actions (inaction) of bodies of State power of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, which violate the rights and legally protected interests of employers ' associations or threatening such violations; (Para supplemented by federal law from 24.11.2014 N 358-FZ), 6-3) sent in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, laws and other normative legal acts of the constituent entities of the Russian Federation, normative legal acts of local self-government bodies, its representatives to the public councils, permanent and temporary working groups, commissions, created by Executive and legislative authorities, organs of local self-government on matters affecting the legitimate interests of employers in the sphere of social and labor relations and related economic relations; (Para supplemented by federal law from 24.11.2014 N 358-FZ) 7) take in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, participated in the formulation and implementation of State policy in the sphere of social and labor relations and related economic relations; (As amended by the Federal law of 24.11.2014 N 358-FZ) 8) consult (negotiations) with the trade unions and their associations, bodies of executive power, bodies of local self-government in the main areas of socio-economic policies;
8-1) to participate in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, in shaping main directions of migration policy, identifying the needs of the economy in attracting and using foreign workers; (Para supplemented by federal law from 24.11.2014 N 358-FZ) 9) receive from the trade unions and their associations, bodies of executive power, bodies of local self-government information they have on the social and labour issues, necessary for the purpose of collective bargaining with a view to the preparation, conclusion and alteration agreements, monitoring;
10) to participate in monitoring and forecasting skills needs of the economy, as well as in the formulation and implementation of State policy in the sphere of secondary vocational education and higher education, including the development of the Federal State educational standards, the establishment of lists of professions, specialties and directions of training, State accreditation of educational activities of professional educational organizations, and educational institutions of higher education, in the manner prescribed by the Government of the Russian Federation (paragraph supplemented by federal law of 01.12.2007 N 307-FZ) (as amended by the Federal law of 02.07.2013 N 185- FZ) 11) to participate in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, in the establishment and development of professional qualifications system in the Russian Federation, the formation of an independent assessment of qualifications, assessment of projects and development of professional standards. (Para supplemented by federal law from 24.11.2014 N 358-FZ) 1-1. Employers ' Association also may have in addition to the established part of 1 of this article, the other employers ' statutory rights. (Paragraph eleven considered part of 1-1 and set out in the wording of the Federal law of 01.12.2007 N 307-FZ)
2. Employers ' associations have equal rights with trade unions and their associations, public authorities the right to equal representation in the administration of State non-budgetary funds in accordance with the legislation of the Russian Federation.
Article 14. Employers ' responsibilities employers ' Association is obligated to maintain, in the manner prescribed by federal laws, collective bargaining, to conclude on agreed terms agreements governing labor relations and related economic relations; (As amended by the Federal law of 24.11.2014 N 358-FZ) to implement the agreements reached in relation to the responsibilities of employers ' organizations;
provide its members with information about prisoners employers association agreements and these agreements;
to provide trade unions and their associations, bodies of executive power, bodies of local self-government existing employers ' information on social and labour issues, necessary for the purpose of collective bargaining with a view to the preparation, conclusion and alteration agreements, monitoring;

to monitor members of the employers ' Association of employers association agreements and regulating labor relations and related economic relations, including the regional minimum wage agreements; (As amended by the Federal law of 24.11.2014 N 358-FZ) to facilitate implementation of the members of the employers ' obligations under agreements, as well as collective agreements entered into by employers members of employer associations; (Repealed-Federal Law 24.11.2014 N 358-FZ) (Repealed-Federal Law 24.11.2014 N 358-FZ) keep a register of members of the employers ' Association, contains information about employers, including the type (types) of their economic activity, employers ' associations and other non-profit organisations that are members of the employers ' Association. Employers ' Association, which promotes Russian, is included in the branch (cross-sectoral) interregional (sectoral, intersectoral), regional, regional branch (intersectoral), the territorial Association of employers, employers ' associations specified represents information about its members, contained in the register of members of the employers ' associations; (The paragraph is supplemented by federal law from 24.11.2014 N 358-FZ) perform other duties of employers ' Association under the Charter.
Article 15. Employers ' liability 1. Employers ' Association is responsible for the violation or failure to comply with its agreements in relation to the obligations of the Association, in the manner prescribed by the legislation of the Russian Federation, these agreements.
2. Employers ' Association is not responsible for the obligations of its members, including their obligations under agreements the employers Association.
Article 16. The property of employers ' associations 1. Employers ' Association may have on the property right or other right of land, buildings, structures, facilities, housing, equipment, inventory, cash in rubles and foreign currency, securities and other property.
2. the members of the employers ' associations when leaving the employers ' associations do not retain the rights to their property unite employers property, including membership and other contributions, unless otherwise provided by the Charter Association of employers.
3. Employers ' Association did not meet his property as obligations of the members of the employers ' associations.
Article 17. Reorganization, liquidation of employers ' associations 1. Reorganization, liquidation of employers ' organizations are carried out in accordance with the relevant decision of the supreme body of management of employers ' organizations.
Association of employers may be reorganized, also liquidated in cases provided for by federal laws.
2. Reorganization, liquidation of employers ' associations shall be made in accordance with the procedure established by federal laws.
Article 18. Transitional provisions 1. The Organization, created before the entry into force of this federal law and in the exercise of the rights and duties of employers are obliged to bring their statutory documents in accordance with this federal law prior to November 1, 2007 year. To bring these organizations of their constituent instruments in accordance with this federal law these documents are valid if they do not contradict this federal law.
2. These organizations without their founding documents in accordance with this federal law within the period stipulated in part 1 of this article shall not be entitled to exercise the rights and responsibilities of employers ' rights stipulated by this federal law. (As amended by the Federal law dated 05.12.2005 N 152-FZ) Article 19. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
The President of the Russian Federation v. Putin Kremlin, Moscow, N November 27, 2002 156-FZ