RUSSIAN FEDERATION FEDERAL LAW amending Article 374 of the Labor Code Russian Federation adopted by the State Duma on June 20, 2014 Approved by the Federation Council on 25 June 2014 Article 374 of the Labour Code of the Russian Federation. Russian Federation, 2002, 3; 2006, N 27, est. 2878), as amended to read: " Article 374. Guarantees for employees who are members of the elected collegiate bodies of trade union organizations and unreleased from the core Dismissal on the grounds provided for in article 81, paragraphs 2 or 3 of the present Code, leaders (deputies) of the elected collegibodies of primary trade union organizations, elected collegial bodies of trade union organizations of organizational units (equal to or equal to them), not Exempt from substantive work, other than general Dismissal only with the prior approval of the corresponding higher elected trade union body. Within seven working days from the date of receipt by the employer of the draft order and copies of the documents forming the basis for the decision to dismiss on the basis of article 81, paragraph 2 or 3, of the first article The Code, an employee of the employees referred to in the first part of this article, the corresponding superior elected trade union authority shall consider the matter and submit to the employer its decision of consent or disagreement with the consent of the employer. Dismissal. The employer may proceed without taking into account the decision of the relevant higher elected trade union body in the event that such decision is not submitted within the prescribed time limit or if the decision of the relevant The elected trade union body to oppose the dismissal was found to be unfounded by the court on the basis of the employer's application. The observance of the said procedure does not deprive an employee of the right or representing his or her interest of the relevant elected trade union authority to appeal to the court against the dismissal decision taken by the employer. The dismissal on the basis referred to in paragraph 5 of part one of article 81 of this Code of the employees referred to in the first part of this article shall be permitted in addition to the general procedure of dismissal only on the basis of a reasoned opinion the relevant higher elective trade union body. Within seven working days from the date of receipt by the employer of the draft order and copies of the documents forming the basis for the decision to dismiss on the basis of article 81, paragraph 5, paragraph 5, of this Code, A worker from among the employees referred to in the first article of this article, the corresponding superior elected trade union body shall consider the matter and submit his reasoned opinion in writing to the employer. The employer may proceed without taking into account the opinion of the relevant superior elected trade union body in the event that such opinion is not submitted within the prescribed time limit. If the relevant superior elected trade union body disagrees with the employer's supposed decision, the parties are entitled to hold further consultations within three working days, the results of which shall be processed protocol. In the absence of general agreement as a result of further consultations, the employer shall, after ten working days from the date of receipt by the relevant higher elected trade union body, of the draft order and copies of the documents that are The decision to dismiss an employee has the right to make a final decision, which may be appealed by the employee or the elected trade union body to the appropriate State inspection. Labour. Within ten working days of the receipt of the complaint (s) of the employee or representing the elected trade union body, the State Labour Inspectorate considers the question of the dismissal and if it is recognized The illegal employer shall issue a mandatory requirement for the reinstatement of the employee to work with the payment of the forced prostitution. Compliance with this procedure does not deprive an employee of the right to appeal against the dismissal directly to the court or to represent his or her interest, and does not deprive an employer of the right to appeal to the court State Labour Inspectorate. The employer is entitled to dismiss the employee on the basis of article 81, paragraph 2, 3 or 5 of this Code, the employee from among the employees referred to in the first part of this article within one month of the day obtain a decision on consent to the dismissal or the reasoned opinion of the relevant higher elected trade union body, or the expiry of the time limit for the submission of such decision or reasoned opinion, or entry into force the court's decision to declare unfounded disagreement of a higher elected trade union body with this dismissal. The period of temporary incapacity for work, stay on leave and other periods of absence of the worker shall not be counted in the prescribed period of time when the employee is retained in his or her place of work (position). In the absence of an appropriate superior elected union body, dismissal on the grounds provided for in article 81, paragraph 2, 3 or 5, of this Code, of the employees referred to in Part One of this Article, shall be carried out in accordance with the procedure established by article 373 of this Code. Members of elected collegiating bodies of trade union organizations that are not freed from the main work are exempt from it to participate as delegates in the work of the trade unions convened by congress, conferences and participation in the work The elected collegiating bodies of trade unions, and in cases where this is stipulated in the collective agreement, also for the duration of short-term trade union studies. The terms and conditions for the release and payment of the time of participation in these events are determined by the collective agreement, agreement. ". President of the Russian Federation Vladimir Putin Moscow, Kremlin 28 June 2014 N 199-FZ
