In large companies, a collective agreement is often concluded between the organization and employees. It can be changed at the initiative of one of the parties during general negotiations, observing the procedure established by law. As a result, the employer needs to issue an order to amend the collective agreement. We’ll figure out how to draw up such a document in this article.
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Fundamental Principles
General requirements for the execution and subject of the contract are regulated by Ch. 7 labor legislation of the Russian Federation. Based on the standards of the Labor Code of the Russian Federation, the collective agreement should disclose the following provisions:
- wages (its amount, form, payment of bonuses, salary increases based on inflation, etc.)
assignment of compensation and benefits- social guarantees for workers, benefits for them
- workers' education
- working hours and time for rest (being on vacation)
- provisions on labor protection (including for women bearing a child and raising young children)
- execution of the agreement, procedure for making adjustments
- powers and responsibilities of participants, other provisions
Legal standards
The procedure for amending the collective agreement is regulated by Art. 44 Labor Code of the Russian Federation. It is as follows:
Changes can be made in the same manner in which the agreement was concluded. Adjustments are made through collective bargaining.- The conditions for making changes may be determined by the collective agreement itself.
Changes may come into effect from the moment the relevant order is issued. A specific start date for the changes may also be set.
If the adjustments lead to the fact that the powers of the organization’s employees are infringed, then the changes will not have legal significance and will not be applied in their work activities.
A little about the collective agreement
A collective agreement is a legal act that regulates social and labor relations in an organization and is concluded by employees and the employer represented by their representatives ( Article 40 of the Labor Code of the Russian Federation ). Such an agreement can be concluded in the organization as a whole, in its branches, representative offices and other separate structural units.
