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On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation Russian Federation adopted by the State Duma on November 12, 2014 Approved by the Federation Council on November 19, 2014 28.11.2015 N 355-FZ Article 1 In article 17, paragraph 2, of the Russian Federation Act of 7 July 1993 No. 5340-I " O OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1309) the words "International Labour Organization," should be deleted. Article 2 Article 4, paragraph 5 of Federal Law of 12 January 1996 N 7-FZ "On non-profit organizations" (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 145; 2002, N 12, est. 1093; 2010, N 30, sect. 3995; 2011, N 30, st. 4587; 2013, N 52, sect. 6978) to supplement subparagraph 6 as follows: "6) All-Russian and All-Russian sectoral (cross-sectoral) associations of employers.". Article 3 Article 3 Commit to the Labor Code of the Russian Federation (Russian Federation Law Assembly 2002, N 1, st. 3; 2004, N 35, sect. 3607; 2006, N 27, sect. 2878; 2011, N 30, sect. 4590; 2012, N 50, sect. 6957; 2013, N 27, sect. 3477; 2014, N 14, est. (1547) The following changes: 1) Article 2, paragraph 9, in addition to the words ", the right of employers to form employers ' associations and to join them"; 2), third and fourth articles, 33 are void; (3) Article 45 should be supplemented by a part of the following: " At federal, interregional, regional, territorial levels of social partnership, one tripartite, respectively, can be concluded, Interregional, regional, territorial agreement. "; 4) Part 5 of article 47 should read as follows: " The procedure, the time frame for the elaboration of the draft agreement and the conclusion of the agreement shall be determined by the commission. The Commission is obliged to disseminate information on the initiation of collective negotiations for the conclusion of an agreement through the media. The Commission has the right to notify employers who are not members of the employers ' union, the collective bargaining process leading to the drafting of the agreement and the conclusion of an agreement, to start collective bargaining. The employer who has received the notice is obliged to inform the elected body of the primary trade union organization which brings together the employees of the employer. An employer who is not a member of the collective bargaining agreement of the employers is entitled to participate in collective bargaining by joining the employer's association or other forms, defined by this employer's association. "; 5) in article 48: (a) the second part of the third sentence should read: " All employers who are members of the union of employers who have concluded Agreement, as well as being members of employers ' associations, other Non-profit organizations affiliated with the employers ' union that entered into an agreement. Termination of membership in an employer's association does not exempt the employer from the agreement concluded during the period of its membership. An employer who joins employers in the period of the agreement is obliged to fulfil the obligations stipulated in this agreement; "; b) to supplement the new part of the seventh reading: " The Agreement may be provided that, in the event that the economic, technological, organizational nature of the individual provisions of the agreement cannot be realized, the employer and the elected body of the primary trade union organization or other representative (a representative body) elected by the employees in the cases The provisions of this Code have the right to apply in writing to the parties to an agreement with a reasoned proposal for the suspension of certain provisions of the agreement with respect to the employer. The Parties shall consider this proposal and may take appropriate action to suspend the individual provisions of the agreement in respect of the employer. "; in) the seventh to the tenth part, respectively, to be considered as parts. Eighth to eleven. Article 4 Amend the Federal Law of November 27, 2002 N 156-FZ On Employers ' Associations (Parliament) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4741; 2005, N 50, sect. 5243; 2007, N 49, sect. 6068; 2013, N 27, est. 3477) The following changes: 1) Article 2 should read: " Article 2. Right of employers 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 law on taxes and levies on taxation in respect of their contributions to employers ' associations, creates other conditions that encourage employers to join employers. "; 2) in Article 3: a) Part 1 should read: " 1. Employers ' union is a socially oriented non-profit organization formed in the organizational and legal form of the association (union) and based on voluntary membership of employers (legal and (or) natural persons) and (or) associations employers. The Charter of the Employers ' Associations may provide for the inclusion of other non-profit organizations that unite business entities. "; b) to be supplemented by Part 1-1, as follows: " 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. "; 3) Article 4 should read as follows: " 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 (4) Article 7, paragraph 5 (5), should read: "(5) obtain from the employers 'association the assistance provided for by the employers' association;"; 5) in article 9: (a) the name to be supplemented with the words " for violation or non-compliance. Agreements governing social and labour relations and related economic relations and prisoners 'associations of employers'; 6) Part 1, as follows: " 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 employer's association for violation or failure of obligations under the agreements governing social and labour relations and related economic relations and prisoners Employers may also be provided for by the employers ' association statutes. "; 6) in article 10: (a) of Part 1, amend to read: " 1. The association of employers is established by 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", Law. "; b) supplement 1-1 with the following content: " 1-1. The founders of employers 'associations may be at least three employers or two employers' associations, unless otherwise established by this Federal Law. "; in), to be supplemented by Part 3 reading: " 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 on the basis of phrases. "; 7) (Spspent force-Federal Law 28.11.2015 N 355-FZ ) 8) in article 13, paragraph 1: (a), paragraphs 1 and 2, to declare invalid power; b) paragraph (3) should read: " (3) to represent and protect rights and legally protected interests members of employers 'associations as well as employers of employers' associations affiliated with the employers ' association and business entities, which belong to the non-profit organizations of the association in the cases and in the manner prescribed by the statutes of the associations "; c) supplement paragraph 4-1 as follows: " 4-1) in the absence of a sectoral (cross-sectoral) social partnership at the federal, interregional, regional or territorial level. Employers ' association with the power to bargain collectively, negotiate or amend agreements governing social and labour relations and related economic relations, and resolve collective labour disputes over the negotiation or modification of these agreements, as well as its mandate The formation and implementation of the activities of the commissions on regulation of social and labor relations can be carried out by the All-Russian, interregional, regional and territorial association of employers, if the membership of the board members is Employers 'associations meet the requirements set by this Federal Law for the relevant sectoral (cross-sectoral) employers' union; "; g) to supplement paragraph 4-2 as follows: " 4-2) invite non-member employers to participate Associations of employers, in collective bargaining for agreements governing social and labour relations and related economic relations, by joining the employer's association or in other forms, by employers ' associations; "; (d) to supplement paragraph 4-3 with the following: " 4-3) to supervise the implementation by the association of employers of the agreements governing social and employment contracts. economic relations, including 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 Opiniations and employers where these agreements have been distributed in accordance with the procedure established by the Labour Code of the Russian Federation; "; (e) paragraph 6, amend to read: " (6) to submit to the relevant authorities authorities, local authorities for proposal of The adoption of laws and other regulatory legal acts on matters affecting the rights and legally protected interests of employers, to participate in the elaboration of these normative legal acts; "; ) to supplement paragraph 6-1 of the following of the content: " 6-1) to participate in the procedure prescribed by federal law in the elaboration and (or) discussion of draft laws and other regulatory legal acts, other acts of state authorities, local self-government bodies, and Development of strategic planning documents; "; z) to supplement paragraph 6-2 with the following: " 6-2) to challenge, on its own behalf, in the manner prescribed by federal law, any acts, decisions and (or) acts (omissions) of the State authorities of the Russian Federation, The State authorities of the constituent entities of the Russian Federation, local authorities violating the rights and legally protected interests of the employers ' association or creating a threat of such violation; "; and) to supplement paragraph 6-3 of the following content: " 6-3) to be sent in the order established by the OF THE PRESIDENT OF THE RUSSIAN FEDERATION public councils, permanent and temporary working groups, commissions created under the executive and legislative bodies, local self-government bodies on issues affecting legally protected interests of employers in the field -Socio-labour relations and related economic relations; " (k) Paragraph 7 should read: " 7) to take part in the manner prescribed by federal laws and other normative legal acts of the Russian Federation, participation in the formation and implementation of state policy in The social and labour relations and their economic relations; "; L) to supplement paragraph 8-1 with the following content: " 8-1) to participate in the manner prescribed by federal laws and other regulatory legal instruments ". OF THE PRESIDENT OF THE RUSSIAN FEDERATION of migration policy, the identification of the needs of the economy in attracting and using foreign workers; "; m) to supplement paragraph 11 with the following: " 11) to participate in the manner prescribed by federal laws and Other regulatory legal acts of the Russian Federation, the establishment and development of a system of professional qualifications in the Russian Federation, the development of an independent evaluation system for the qualification of an employee, the development and appraisal of professional projects standards. "; 9) in article 14: a) Paragraph 2 should read as follows: " to conduct, in a manner prescribed by federal laws, collective bargaining, to conclude, under the agreed terms, agreements governing social and labour relations and related matters economic relations; "; b) the sixth paragraph should read: " to supervise the execution by members of the association of employers of the agreements entered into by the employer's association and the regulatory authorities -Socio-labour relations and related economic relations, including regional minimum wage agreements; "; in) paragraphs 8 and 9 invalidated; g) to add a new paragraph 10 to the following: " maintain a register of members of the association employers, including the type (s) of their economic activity, of employers 'associations and other non-profit organisations forming 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. of the employers 'associations about their members in the register of employers' union members; "; d) the tenth paragraph is considered to be the eleventh paragraph. Article 5 (Spconsumed out-Federal Law of 28.11.2015 N 355-FZ ) President of the Russian Federation Vladimir Putin Moscow, Kremlin November 24, 2014 N 358-FZ