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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 amending the Labor Code of the Russian Federation to improve the order of consideration and resolution Labour Disputes adopted by the State Duma on 2 November 2011 . OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3; 2006, N 27, est. 2878; 2010, N 31, sect. 4196), the following changes: 1) in article 399: (a) Part Two is supplemented by the words "representative body of workers authorized by them to resolve a collective labour dispute"; b) Part Three. by the following: " Decision on approval of the nominated requirements shall be made by a majority vote of the employees (delegates) present at the meeting (conference). If it is impossible to hold a meeting (convocation of the conference), a representative body of employees has the right to approve its decision by collecting more than half of the employees ' signatures in support of their demands. "; in) The following wording: "Requirements of trade unions and their associations (all-Russian and interregional trade unions, their territorial organizations, associations of trade unions and associations of territorial unions)" organizations of trade unions) are nominated by their elected officials by the collegiating bodies authorized to do so by the statutes of trade unions and the statutes of their associations and shall be sent by the said bodies to the relevant parties to the social partnership. "; (2) in article 400: (a) Part replace the first word "three" with the word "two"; b) in the second word "Employers 'employers' (employers 'associations)" should be replaced by the words " Employers' associations, other employers ' representatives, determined according to article 34 of the present Code, replace the words "one month" with the words "three weeks"; 3) Part 7 of Article 401, amend to read: " If necessary, the deadlines for the conciliation procedures may be extended with the consent of the parties to the collective labour argument. The decision to extend the period is in the form of a protocol. "; 4) in article 402: (a) the first sentence should read: " In the event of a collective labour dispute at the local level, The conciliation commission is established within two working days from the start of a collective labour dispute, and in the event of a collective labour dispute at other levels of social partnership, up to three working days from the day a collective labour dispute. "; b) Part 5 after the word "Employer" should be supplemented by the words "(representative of employers)"; in) the following wording: " A collective labour dispute at the local level of social partnership must be considered conciliatory. a commission of up to three working days, and a collective labour dispute at other levels of social partnership-up to five working days from the date of the publication of the relevant acts on its creation. "; g) in Part 8" and (or) the establishment of labour arbitration "shall be replaced by the words" A collective labour dispute involving the mediator and (or) in the labour arbitration "; 5) in article 403: (a) Part one, as follows: " No later than the following working day after the day of compilation The conciliation commission of the protocol of disagreement between the parties to the collective labour dispute is obliged to negotiate a collective labour dispute with the participation of the mediator. In the absence of the consent of the parties to a collective labour dispute, a protocol of refusal of the parties or one of the parties to the conciliation proceedings shall be drawn up, and they shall proceed with the negotiation of the collective labour dispute in the labour market Arbitration. "; b) to add a new part of the second reading: " With the agreement of the parties to the collective labour dispute to consider a collective labour dispute with the participation of the conciliator, after which the parties to a collective labour dispute are bound by no more than two workers (d) To agree on the appointment of a conciliator. If necessary, the parties to a collective labour dispute may apply for a recommendation of the conciliator to the appropriate State body for the settlement of collective labour disputes. If, within the specified period, the parties to the collective labour dispute have not reached an agreement on the conciliator, they shall proceed to the negotiation of a collective labour dispute in the labour arbitration. "; in) The second and third are considered parts of the third and fourth parts respectively; g) Part Four is considered to be part five and should read as follows: " Consideration of the collective labour dispute with the participation of the conciliator shall be at the local level of social partnership up to three working days, but on the other Social partnership levels-up to five working days from the date of the invitation (s) of the conciliator and shall be completed by the parties to the collective labour dispute of the agreed decision in writing or by drawing up a protocol of disagreement. "; 6) in article 404: (a) Part One, the fourth, should read: " Labour arbitration is the body for the consideration of a collective labour dispute. Temporary labour arbitration is created by the parties to a collective labour dispute jointly with the appropriate State body for the settlement of collective labour disputes for consideration of this collective labour dispute. The relevant tripartite commission to regulate social and labour relations may be established by permanent labour arbitration to deal with and resolve collective labour disputes referred to it for consideration by agreement of the parties. No later than the following working day after the day of the Protocol of Disagreement after the conclusion of the consideration of the collective labour dispute with the participation of the conciliator or after the expiry of the period during which the parties to the collective labour dispute The dispute must reach agreement on the conciliator, or upon the issuance of a protocol on the refusal of the parties or one of the parties to a collective labour dispute from a collective labour dispute with the participation of the conciliator of a collective labour dispute should be subject to negotiation a collective labour dispute in labour arbitration. With the consent of the parties to the collective labour dispute to consider a collective labour dispute in the labour arbitration, they shall be bound by an agreement that contains the condition that the parties must comply with the decisions of the labour market. Arbitration, after which the parties to a collective labour dispute are bound by a collective labour dispute at the local level of social partnership up to two working days, and at the settlement of a collective labour dispute at other levels of social partnership for up to four working days together with by the appropriate State body for the settlement of collective labour disputes, temporary labour arbitration for the consideration of this collective labour dispute, or submit it to permanent labour arbitration, A tripartite commission on the regulation of social and labour relations. The composition and rules of temporary labour arbitration are determined by the decision of the employer (representative of employers), the representative of the employees and the State body for the settlement of collective labour disputes. In the permanent labour arbitration, the procedure for forming the composition of the labour arbitration for the resolution of a particular labour dispute and its regulations is governed by the provisions on permanent labour arbitration (the statute of the permanent Labour arbitration), approved by the Tripartite Commission for the Regulation of Socio-Labour Relations. The Federal Executive Committee, which is responsible for the formulation of public policies and regulations in the sphere of labour, taking into account the opinion of the Russian Tripartite Commission on the Regulation of Socio-Labour Relations may be subject to a model provision on permanent labour arbitration (model statute of permanent labour arbitration). "; b) to supplement the new Part 5: " Collective labour dispute is considered in the labour arbitration with the participation of representatives of the parties to the dispute in the resolution of a collective labour dispute at the local level of social partnership up to three working days, and in the resolution of the collective labour dispute at other levels of social partnership for up to five working days from the day of the creation of temporary labour arbitration or the referral of a collective labour dispute to permanent labour arbitration. "; in the fifth and sixth shall be read as parts of the sixth and seventh parts respectively; g) Part seven is considered part eight and should read as follows: " In cases where there is no strike in accordance with paragraphs 1 and 2 of article 413 of this Code in order to settle a collective labour dispute, the collective labour dispute in the labour arbitration is not considered to be a collective labour dispute. binding and binding arbitration shall be binding on the parties, irrespective of the existence of an agreement by the parties on the matter. However, if the parties do not come to an agreement on the creation of a temporary labour arbitration, its composition and regulations, or the referral of a collective labour dispute to permanent labour arbitration, the decision on these issues Adopts the relevant State body for the settlement of collective labour disputes. "; 7) article 406, as follows: " Article 406. Fade from participation in conciliation procedures If one of the parties to a collective labour dispute to participate in the establishment or work of the conciliation commission, the other party to the collective labour dispute has the right To require the negotiation of a collective labour dispute with the participation of a mediator not later than the following working day after the date of presentation of the claim. If one of the parties to a collective labour dispute is evading a collective labour dispute with the participation of the conciliator or from participation in a collective labour dispute with the participation of the conciliator, the other party The collective labour dispute has the right to request negotiations to consider a collective labour dispute in the labour arbitration not later than the day following the day of the submission of the claim. In the avoidance of the employer (employer's representative) from the creation of temporary labour arbitration, the transmission of a collective labour dispute to permanent labour arbitration or from participation in the review A collective labour dispute by the Labour Court is deemed to have failed to resolve the collective labour dispute. "; 8) Article 408 should be amended to read: " Article 408. Agreements reached during the resolution of the collective labour dispute of the Agreement reached by the parties to a collective labour dispute during the settlement of the dispute, including the settlement of collective bargaining A labour dispute shall be made in writing and shall be binding on the parties to the collective labour dispute. Their implementation is monitored by the parties to the collective labour dispute. "; 9) Part Two of article 409: " If the conciliation procedures do not lead to a collective labour permit The dispute (article 406 of this Code), either the employer (s) or employers (employers ' representatives), do not comply with the agreements reached by the parties to the collective labour dispute in the course of resolving the dispute (art. of the present Code), or do not comply with the decision of the labour arbitration, workers or their representatives have the right to organize a strike, unless, in accordance with the provisions of article 413, paragraphs 1 and 2, of this Code, the strike may not be held in order to settle a collective labour dispute. (; 10) in article 410: (a) in Part Three, replace "not less than half" by "more than half"; (b) Part 6, amend to read: " During the consideration of the collective of employment disputes by the conciliation board of workers may be one time A warning strike has taken place. A preventive strike is allowed in a collective labour dispute at the local level of social partnership after three calendar days of conciliation by a conciliation commission with a written warning from the employer later than two working days later, and in the case of a collective labour dispute at other levels of social partnership, after four calendar days of the work of the conciliation commission with the warning of the employer in writing, no later than three working days. "; in) Part eight, as follows: editorial: " On the beginning of the upcoming strike, the employer must be warned in writing not later than five working days. The beginning of a strike declared by a trade union (union of trade unions), employers 'associations, other employers' representatives determined in accordance with article 34 of this Code, must be warned in writing not later than seven working days. "; g) in the third part of the ninth word" its estimated duration and "delete; 11) article 411 should read: " Article 411. The body leading the strike Strike is headed by a representative body of workers. The body in charge of the strike has the right to convene meetings (conferences) of workers, to receive information from the employer on matters affecting the interests of employees, to bring in specialists for the preparation of opinions on disputes. Questions. The body leading the strike has the right to suspend the strike. The resumption of the strike does not require the re-examination of the collective labour dispute by the conciliation commission or in the labour arbitration. The employer and the appropriate public authority for the settlement of collective labour disputes shall be warned in writing of the renewal of the strike not later than two working days, but on the resumption of the strike declared by the employer. by a trade union (union of trade unions), employers 'associations, other employers' representatives, defined in accordance with article 34 of this Code, and the relevant State body for settlement collective labour disputes should be warned in writing not later than three working days. "; 12) in article 412: (a) in the first word of" conciliation procedures "to replace the word" negotiations "; b) in Part 5 of the words" parties to a collective labour dispute " "Employer (employer's representative) and representative body of workers", the word "5-day" replaced by "three days"; in Part 8 of the term "found illegal" to be replaced with " suspended by a court decision prior to execution by employees and by a representative body of workers "; 13) in article 413: (a) in part three of the word" in the presence of a collective labour dispute "delete; (b) in part seven of the word" up to 30 days ", replace the words" up to 15 days "; 14) in article 416: (a) Part One after the words "Representatives of the Employer" to supplement the words "(employers 'representatives)"; b) in Part Two after the words "Representatives of the Employer" add "(employers' representatives)", "agreement reached" to read "agreements reached"; 15) in article 418: (a) in the name of the word "authorization" to replace the words "review and authorization"; b) by the word "authorization" to read "consideration and resolution". President of the Russian Federation Russian Federation Dmitry Medvedev Moscow, Kremlin November 22, 2011 N 334-FZ