On Amendment Of The Labor Code Of The Russian Federation With Regard To Improving The Consideration And Settlement Of Collective Labour Disputes

Original Language Title: О внесении изменений в Трудовой кодекс Российской Федерации в части совершенствования порядка рассмотрения и разрешения коллективных трудовых споров

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RUSSIAN FEDERATION FEDERAL LAW on amendment of the labor code of the Russian Federation with regard to improving the consideration and settlement of collective labour disputes, adopted by the State Duma November 2, 2011 year to amend the labour code of the Russian Federation (collection of laws of the Russian Federation, 2002, N 1, p. 3; 2006, N 27, art. 2878; 2010, N 31, art. 4196) as follows: 1) in article 399: and) part II shall be supplemented with the words "the employees ' representative body authorized by them to resolve collective labour disputes";
b) part three supplemented by suggestions as follows: "the decision on approval of requirements put forward by the majority of workers (delegates), present at the meeting (Conference). In case of impossibility of meeting (convening of the Conference) of representative body of employees has the right to approve its decision by collecting the signatures of more than half the employees in support of its claims. ";
in the sixth part) shall be amended as follows: "the requirements of trade unions and their associations (nationwide and interregional trade unions, their territorial organizations, associations, trade unions and associations of territorial organizations of trade unions) are nominated by their elected collegial bodies authorized by the statutes the statutes of trade unions and their associations, and sent the bodies of social partnership with the parties concerned.";
2) in article 400: a) in the first part of the word "three" be replaced by "two";
b) in the second part of the phrase "representatives of employers (employers)" were replaced by the words "employers ' associations and other representatives of employers, defined in accordance with article 34 of this code,", the words "of one month" shall be replaced with the words "three weeks";
3) part of the seventh article 401 shall be reworded as follows: "in case of need, the time frame for conducting conciliation procedures may be extended with the consent of the parties to a collective labour dispute. Decision on the extension of the Protocol is executed. ";
4) in article 402: and) part one shall be reworded as follows: "in case of a collective labour dispute on the local level, social partnership, the Conciliation Commission is created within two working days from the date of commencement of a collective labour dispute and, in the case of a collective labour dispute at other levels of social partnership-within three working days from the date of commencement of a collective labour dispute.";
b) part of the fifth, after the word "Employer" add the words "(employer representative)";
in the sixth part) shall be amended as follows: "collective labour dispute on the local level, the social partnership should be considered by the Conciliation Commission within three working days, and the collective labor dispute at other levels of social partnership-in up to five working days from the date of publication of the relevant acts to establish it.";
g), the words "of the eighth invitation facilitator and (or) the establishment of labour arbitration" should be replaced by the words "considering collective labour dispute with the facilitator and (or) in labour arbitration;
5) in article 403: and) part one shall be reworded as follows: "no later than the next working day after the day of drawing up a Conciliation Commission of disagreements, the parties of a collective labour dispute shall be obliged to negotiate on the consideration of collective labour dispute involving a mediator. If no agreement is reached the parties to a collective labour dispute shall be executed on the refusal of the parties to the Protocol or one of the parties to the conciliation procedure and they start to negotiations on the review of a collective labour dispute in labour arbitration. ";
b) supplemented by a new part 2 as follows: "with the consent of the parties to a collective labour dispute on the consideration of collective labour dispute involving an intermediary is the relevant agreement, after which the parties to a collective labour dispute shall, within a period of not more than two working days to agree on a mediator. If necessary, the parties to a collective labour dispute can ask for conciliator's recommendation to the appropriate State authority for the settlement of collective labour disputes. If within the specified period, the parties of a collective labour dispute do not agree on the conciliator, they start to negotiations on the review of a collective labour dispute in labour arbitration. ";
in parts two and three) take respectively the third and fourth parts;
g) part four considered part of fifth and worded as follows: "consideration of collective labour dispute involving an intermediary shall be carried out at the local level of social partnership in up to three working days, and at other levels of social partnership-in up to five working days from the date of the invitation (destination) facilitator and ends with the adoption by the parties to a collective labour dispute an agreed solution in writing, or protocol differences.";
6) section 404: and) part of the first-fourth shall be amended as follows:

"Labour arbitration is an authority for the review of the collective labour dispute. Temporary labor arbitration creates a collective labour dispute by the parties, together with the relevant State body for the settlement of collective labour disputes for the consideration of the collective labour dispute. A decision of the relevant tripartite Commission on regulation of socio-labour relations when it can generate a permanent labor arbitration for considering and resolving collective labour disputes referred to it for consideration, by agreement of the parties.
No later than the next working day after the day of the differences at the conclusion of the consideration of collective labour dispute involving an intermediary, or after the expiry of the period during which the parties to a collective labour dispute must reach agreement on the conciliator or after registration of the Protocol concerning the refusal of the parties or of one of the parties to a collective labour dispute from the consideration of collective labour dispute involving intermediary parties of a collective labour dispute shall be obliged to negotiate on the consideration of collective labour dispute in labour arbitration.
With the consent of the parties to a collective labour dispute on the consideration of collective labour dispute in labour arbitration them is an agreement containing the condition of mandatory compliance by the parties of the outcome of labour arbitration, after which the parties are obliged to a collective labour dispute in resolving collective labour disputes at the local level social partnership within two working days, and in the settlement of a collective labour dispute at other levels of social partnership in up to four working days to develop, together with the relevant State body for the settlement of collective labour disputes, the temporary employment for its consideration of this arbitration a collective labour dispute or to refer it to a permanent labor arbitration, created when the relevant tripartite Commission on regulation of socio-labour relations.
Composition and rules of arbitration decision establishes the temporary employment of the employer (employer representative), the representative of the workers and the public authority for the settlement of collective labour disputes. The standing labour arbitration procedure for the formation of the labour arbitration to resolve particular labour dispute and its rules are determined by the labour arbitration (Charter of permanent labour arbitration), approved by the relevant tripartite Commission on regulation of socio-labour relations. The Federal Executive authority which carries out the functions of State policy and normative-legal regulation in the sphere of labour, taking into account the views of the Russian Tripartite Commission on regulation of socio-labour relations can be approved by the model provision on the standing labour arbitration (model statutes of a permanent labour arbitration). ";
b) supplemented by a new part five as follows: "collective labour dispute is dealt with in the labour arbitration involving representatives of the parties to the dispute in resolving collective labour disputes at the local level of social partnership in up to three working days, and in the settlement of a collective labour dispute at other levels of social partnership in up to five working days from the date of the establishment of the interim labour arbitration or the transfer of a collective labour dispute to a permanent labor arbitration.";
in) of the fifth and sixth parts respectively considered the sixth and seventh;
g) portion of seventh considered part of eighth and worded as follows: "in cases where, in accordance with paragraphs 1 and 2 of article 413 of this code in order to settle a collective labour dispute cannot be conducted strikes, consideration of collective labour dispute in labour arbitration is binding and the decision of the labour arbitration is binding on the parties, irrespective of the existence of an agreement of the parties on this matter. However, if the parties fail to come to an agreement on the establishment of temporary employment arbitration, its composition and the regulations or on the transfer of a collective labour dispute to the Permanent Labour Tribunal decision on these matters takes the relevant State body for the settlement of collective labour disputes ";
406) article 7 shall be amended as follows: "article 406. Refusal to participate in the conciliation With evasion one of the parties to a collective labour dispute by participating in the establishment of a Conciliation Commission or the other party to a collective labour dispute is entitled to request negotiations on reviewing collective labour dispute involving intermediary no later than the next working day after the day of the presentation of the specified requirements.

When Dodge one of the parties to a collective labour dispute by negotiations on the consideration of collective labour dispute involving a conciliator or from participating in the consideration of collective labour dispute involving the other party mediator of a collective labour dispute is entitled to request negotiations on reviewing collective labour dispute in labour arbitration no later than the next working day after the day of the presentation of the specified requirements.
When Dodge employer (employer representative) from creating temporary employment arbitration, transmission of a collective labour dispute to a permanent labor arbitration, or from participation in the examination of a collective labour dispute to labour arbitration considered that conciliation had not resulted in a settlement of a collective labour dispute. ";
408) article 8 shall be amended as follows: "article 408. The agreement, reached during a collective labour dispute permission Agreement reached by the parties to a collective labour dispute in the course of the dispute, including an agreement on the settlement of a collective labour dispute shall be made in writing and are for the parties to a collective labour dispute binding. Monitoring is carried out by the parties to a collective labour dispute. ";
9) part two of article 409 shall be reworded as follows: "If conciliation had not resulted in a settlement of a collective labour dispute (article 406 of the present Code) or the employer (the employer) or employers (employers ' representatives) do not comply with the agreement reached by the parties to a collective labour dispute during the dispute (article 408 of the present Code), or does not execute a decision of the labour arbitration, the workers or their representatives have the right to proceed with the strike , except where, in accordance with paragraphs 1 and 2 of article 413 of this code in order to settle a collective labour dispute strike cannot be performed. ";
10) article 410: a) in part three, the words "at least half" were replaced by the words "more than half";
b) part sixth worded as follows: "during the consideration of collective labour dispute Conciliation Commission employees may be momentarily held hour warning strike. The holding of a warning strike is allowed when considering collective labour dispute on the local level social partnership after three consecutive days of work of the Conciliation Commission with a warning to the employer in writing no later than two working days, and in considering collective labour dispute at other levels of social partnership-after four consecutive days of work of the Conciliation Commission with a warning to the employer in writing no later than three working days. ";
in the eighth part) shall be amended as follows: "the beginning of the forthcoming strike, the employer must be warned in writing not later than five working days. About the beginning of the strike, announced a Trade Union (the Union of trade unions), the employers ' Association, other representatives of employers, defined in accordance with article 34 of this code, shall be warned in writing not later than seven working days. ";
g) in the third indent of the ninth, the words "its anticipated duration and" should be deleted;
411) article 11 shall be amended as follows: "article 411. Body head strike Strike is headed by representative body of employees.
Body, who heads the strike, has the right to convene a meeting (Conference) of employees, receive information from the employer on matters affecting employees, attract specialists for the preparation of opinions on controversial issues.
Body, who heads the strike, has the right to suspend the strike. To resume the strike action does not require reconsideration of a collective labour dispute Conciliation Commission or labour arbitration. The employer and the relevant State body for the settlement of collective labour disputes must be notified in writing about the resumption of the strike not later than two working days, and for the resumption of the strike declared a Trade Union (the Union of trade unions), the employers ' Association, other representatives of employers, defined in accordance with article 34 of this code, and relevant State body for the settlement of collective labour disputes should be warned in writing not later than three working days. ";
12) article 412: a) the first part of the word "conciliation" should be replaced by the word "negotiations";
b) in section 5, the words "the parties to a collective labour dispute" should be replaced by the words "employer (employer representative) and the representative body of employees", the word "5 day" be replaced by "three-day";
in the eighth) in the part of the word "outlawed" were replaced by the words "suspended by a court decision before the execution of the employees and the employees ' representative body the relevant requirements";
13) in article 413:

and part three) words "If there is a collective labour dispute" should be deleted;
b) seventh word "until 30 days" were replaced by the words "up to 15 days";
14) in article 416: and) part of the first, after the words "representatives of the employer" add the words "(representatives of employers);
b) in the second part, after the words "representatives of the employer" add the words "(representatives of employers)", the word "agreement" should be replaced by the words "agreements";
15) in article 418: a) in the title, the word "resolution" should be replaced by the words "consideration and resolution";
b), the word "resolution" should be replaced by the words "consideration and resolution.
The President of the Russian Federation d. Medvedev, Kremlin, Moscow, N November 22, 2011 334-FZ

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