Registration of a collective agreement: when does it take place, registration procedure, documents

Registration procedure

According to Art. 44 of the Labor Code, when concluding a collective agreement, the parties go through the following stages:

One party sends the other a proposal to organize negotiations on the issue of concluding a collective agreement.
The party that received the proposal sends an official response to the initiator on his proposal with a list of representatives who will participate in the negotiations.
Negotiations are held and disagreements that have arisen between the parties are resolved.
A collective agreement is signed.
The collective agreement is sent to the notification registration procedure . Registration is carried out in person or by sending an agreement by email. Sometimes it is necessary to provide paper and electronic versions of documents simultaneously.
Based on the registration of the contract, the employer receives a corresponding notification about the completion of the procedure . Two copies of the registered agreement must be returned to the organization with a registration mark and assigned number.
The agreement is assigned a unique registration number , and it is recorded in a special accounting journal.

However, in some regions the current procedure for registering collective agreements may differ.

In what cases is a collective agreement concluded?

The purposes of signing a collective agreement may be:

Detail the labor relations regulations.
Motivate employees.
Establish a system of remuneration, bonuses and fines.
Expand social protection measures for workers.
Prescribe measures of material support , etc.

The collective agreement is signed for a period of three years and comes into force from the date of its signing by the parties. The parties have the right to repeatedly extend the contract, but for no more than three years (according to Parts 1, 2 of Article 43 of the Labor Code).

If the name of the company is changed, its reorganization or the employment contract with management is terminated, the employment contract continues.

Required documents

To complete the registration procedure, the employer should collect the following documents:

The collective agreement itself is in triplicate (one copy more than the parties to the agreement). It must be stitched, stitched and numbered. The following lines are indicated on the sheet with the details of the parties: “Individual registration number”, “Date of registration”, “Registration authority” and “Place of printing”. They are filled out by the registrar. It is worth considering that the contract is transferred in the original, not a copy.
Appendixes to the collective agreement.
Application for registration of a collective agreement or covering letter . Only the head of the organization has the right to sign this document.
Documents confirming the powers of the parties : an order for the appointment of management, minutes of the general meeting on the election of the chairman of the trade union (some companies neglect these documents, but they are mandatory).
List of organizations covered by the agreement.

The service for registering a collective agreement is absolutely free and does not require payment of state duty.

It is worth noting that non-compliance with the registration conditions and incomplete information are the only reasons for refusal of registration.

Deadlines

According to current legislation, collective agreements are subject to mandatory registration within 7 days after its signing.

After the specified period has expired, the employee receives a notification about successful registration or refusal of registration. It is worth noting that despite the fact that a collective agreement should not infringe on the rights of employees, the presence of illegal conditions cannot become a basis for refusal of registration.

Such conditions are simply recognized as invalid (void) and are not applied in practice.

Contents of the document

The collective agreement includes the following issues related to the obligations of the parties:

remuneration (form of payment, system, size);
assignment of benefits and compensation;
changes in payment depending on inflation and price increases, as well as indicators;
work and rest time;
granting vacations;
retraining;
occupational safety issues;
providing benefits to student employees;
the possibility of providing rest for employees and their families;
payment for food;
system for monitoring compliance with the terms of the contract and the responsibility of the parties;
refusal to strike, provided that the collective agreement is complied with;
other questions.

Where is the collective agreement registered?

According to Art. 50 of the Labor Code, registration of a collective agreement is carried out with the labor authority. At the same time, the legislation does not contain a specific executive body responsible for registering collective agreements. This may be the regional Ministry of Labor and other institutions.

Such a body is determined at the level of the constituent entities of the Russian Federation (according to Article 26.3 No. 234-FZ “On General Principles...”).

For example, in the Rostov region, issues of registration of collective agreements, the procedure and timing of their notification registration are resolved in accordance with the adopted Regional Law of the Rostov Region No. 1013-3C “On some issues of regulation of social partnership...”.

You can clarify the question of where to submit the contract for registration at the local administration.

In some regions, the ability to transfer documents through the MFC has been implemented.

Federal contracts are submitted for registration to Rostrud.

Thus, according to Art. 50 of the Labor Code, contracts are subject to mandatory registration with the regional executive authority that controls labor legislation.

The responsibility for registering the agreement rests with the employer. He must submit the document for registration within 7 days after signing it.

Registration of a collective agreement takes on average 10 days. The entry into legal force of a collective agreement does not depend on the completion of the notification registration procedure; the parties must comply with its terms from the moment of registration.

Labor legislation does not contain liability for an unregistered collective agreement, but the employer can be held liable under the norms of the Code of Administrative Offenses.

A collective agreement is subject to registration , but the document comes into force even without completing this procedure. Let's look at the questions: how and why the contract is registered, what documents need to be submitted and where.

The procedure for approving a collective agreement

The collective agreement in preschool educational institutions, LLCs, JSCs, and organizations of other organizational and legal forms is approved in the same way. Let's analyze the algorithm for approving the contract.

One of the parties (the employer or his representative; employees represented by their representative) sends the other a proposal to conduct collective bargaining.
Within a week, the other party enters into negotiations (this is not a right, but an obligation).
Within 3 months after the start of negotiations, the parties are required to complete the discussion of the draft collective agreement.
If the project is agreed upon, the parties sign it, thereby confirming the agreement.
If the project is not agreed upon in full or in part, the parties draw up a protocol of disagreements (Article 38 of the Labor Code of the Russian Federation) and approve those provisions of the agreement on which there are no disagreements.
Disagreements are resolved in accordance with Chapter 61 of the Labor Code of the Russian Federation.
All provisions of the agreement are signed, including those agreed upon in accordance with Chapter 61 of the Labor Code of the Russian Federation.
The agreement comes into force.
Notification registration of the agreement is carried out.

Many believe that in order to approve a collective agreement, it is necessary to issue an order on this. However, it is not. It is sufficient for the parties to sign the draft agreement. Read more about this in the article.

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Thus, the collective agreement is approved by the parties to the labor relationship during the process of collective bargaining. It is enough to sign the document for it to take effect. An order approving a collective agreement is not required.

Procedure for notification registration of collective agreements

The procedure for registering collective agreements is established in Art. 50 Labor Code of the Russian Federation.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The document signed by the parties must be sent to the executive authority dealing with issues in the field of labor. Each region has its own specific body; it is determined by the legislation of the constituent entity of the Russian Federation.

As a rule, these are employment services. In

Moscow is the Department of Labor and Social Protection of the Population of Moscow.

Regardless of whether the agreement is registered or not, it is already in force, either from the moment of signing or from the date determined by the parties in its text. Registration has nothing to do with the entry into force of the agreement.

Why is registration needed? Its purpose is to give the government agency the opportunity to analyze the provisions of the contract and determine which of them worsen the situation of the organization’s employees, derogating from their rights established by labor legislation. Provisions that are contrary to the law and impair the rights of workers should not be applied.

After analysis, the relevant information identified during the inspection is communicated by employment services to state labor inspectorates and to the parties to the collective agreement.

As a result, the State Tax Inspectorate may send a proposal to the parties to the agreement to invalidate certain of its provisions. Employees of an organization can file a lawsuit to have provisions that contradict the law declared invalid.

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All information about the registration of the agreement is entered into the Register, in accordance with the Regulations approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 68. It contains data about the agreement, the date of its acceptance and validity, the parties, basic conditions, etc.

For registration you will need the following documents:

The contract itself.
Application (can be downloaded from the link at the beginning of the article).
A copy of the order appointing the head of the organization.
An extract from the minutes of the employee meeting on the election of the chairman of the trade union or a representative of the workers representing their interests.
A power of attorney from the manager or an order (if he delegated the authority to conduct negotiations by proxy or on the basis of an order).

What procedure is established for the development of a draft collective agreement?

The Labor Code of the Russian Federation does not describe in sufficient detail the procedure for developing a collective agreement . In Art. 42 of the Labor Code of the Russian Federation, the legislator points to additional regulation by federal regulations, in particular we are talking about the Law “On Trade Unions” dated January 12, 1996 No. 10-FZ. In the regions of the country, local acts have also been developed regulating relations between workers and employers, for example, industry agreements between trade union organizations and local administration. After analyzing these regulations, conclusions can be drawn regarding how a collective agreement is developed in an organization.

Participants in the development of the agreement

In accordance with Art. 31, 37 and 40 of the Labor Code of the Russian Federation, the text of the agreement and its provisions are developed during a meeting of a commission consisting of representatives of the primary trade union organization acting on behalf of the collective. The commission is created on conditions of equality. The primary organization can be considered the one in which more than 50% of the employer’s employees are united. In its absence, employees have the right to choose a single collegial body. In the case where such a body has not been created, the interests of the team are represented by an organization uniting a larger number of employees. Workers who are not members of trade unions have the right to appoint a body of the elected primary organization as their representative.

In accordance with Art. 36 of the Labor Code of the Russian Federation, the party that has taken the initiative to conclude an agreement sends a proposal in writing to the other party. After receiving it, the other party has a calendar week to choose its representatives.

Representatives of the employer’s interests, as well as organizations and bodies formed or financed by:

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employer;
executive authorities;
local government bodies;
political parties.

The head of the organization or other persons authorized by him have the right to represent on behalf of the employer. Such functions can be assumed by any association of employers.

Commission meeting and settlement of disagreements

The procedure for conducting negotiations is discussed in Art. 37 Labor Code of the Russian Federation. Negotiating participants have the right to determine by agreement all the conditions for their conduct. In this case, representatives of each party must collect proposals from the represented party and consolidate them.

To develop proposals, the parties can request information from the opponent, who, in turn, is given 2 weeks to provide the requested information. The entire course of the meeting and proposals of the parties are recorded in writing.

Often the parties fail to reach an agreement during the first meeting. In this case, a protocol of disagreements is drawn up. In the future, the parties may appoint new collective negotiations or apply the provisions of Chapter. 61 of the Labor Code of the Russian Federation on the settlement of disagreements.

If the parties decide to resolve differences in the manner of resolving a labor dispute, they cannot undergo conciliation procedures in accordance with the provisions of Art. 401 Labor Code of the Russian Federation. The parties can also contact the labor dispute settlement body, including by electronic means, as well as resort to the help of a mediator. But even the absence of full consent does not cancel the obligation to sign the agreement. If agreement is not reached, then, in accordance with Art. 40 of the Labor Code of the Russian Federation, a collective agreement must be signed at least in the part in which the parties came to an agreement. Other aspects will be included in the agreement in the future as consensus is reached between the parties.

Notification registration of collective agreements

A collective agreement or agreement must be sent by the employer and his representative to the relevant labor authority for notification registration within 7 days from the date of its signing (Article 50 of the Labor Code).

The entry into force of the agreement does not depend in any way on the fact of notification registration. The purpose of such registration is:

collecting information on the quantity and quality of collective agreements and agreements that were concluded;
identification of factors that worsen the situation of an employee in comparison with legislation in the field of labor relations;
providing conditions for control over the implementation of contracts, agreements, etc.

Registration of a collective agreement or amendments to it involves the submission of a package of documents consisting of a collective agreement in three copies, an extract from the protocol decision of the general meeting of workers on the empowerment of representatives, as well as a covering letter. It must be signed by an authorized representative of the employer, the following information must be included:

address of the structure (actual and legal);
place of registration;
Full name of the representatives of the parties who signed the contract/agreement;
contacts of the parties;
main type of economic activity;
number of employees, including the number of workers who are members of a trade union;
the amount of funds that are provided for in contracts to provide benefits to workers and their families.

Notification registration of collective agreements and amendments to them presupposes the need to submit two originals of contracts and agreements and one copy within the prescribed period.

According to the established procedure, documents can be returned for revision if they are not properly completed. The main requirements for the preparation of documents are the following:

the signatures and seals of the parties on all copies, except copies, must be original;
There must be continuous numbering on the pages of all provided copies;
All documents must be bound and sealed, and the number of sheets stitched must be indicated.

Main points of the collective agreement

The content of the agreement is developed for each enterprise individually. The document provides information on additional remuneration and benefits. Payments are made to employees upon the occurrence of specified conditions.

The following clauses of the collective agreement exist:

The amount of payments due to the employee;
Accrual of benefits, benefits, additional conditions upon the occurrence of an insured event;
Conditions for changing wages in the event of an increase in prices, fulfillment of a sales plan or when awarding bonuses for good work;
The agreement provides for advanced training of employees. Training takes place at the expense of the company within the established time frame;
Changes in working conditions;
Control of work safety at the enterprise;
Benefits for staff are prescribed;
Conditions for rest and health improvement of enterprise employees;
Benefits for employees: payment for housing, payment or reimbursement of food costs;
The conditions for fulfilling sales volumes, rights and obligations of the parties must be specified.

These provisions are considered approximate. When drawing up a contract, individual criteria are taken into account. They depend on the specifics of the enterprise. The main criterion is the interests of the staff. The collective agreement provides more benefits for employees. The terms of the document provide the employee with the opportunity to develop and receive a decent payment for the work done.

Procedure for registering a collective agreement

According to the established procedure, agreements concluded at the federal level are sent for registration to Rostrud, other contracts/agreements are sent to territorial labor structures.

Industry (inter-industry) agreements that are concluded at the federal level, as well as interregional agreements, undergo the registration procedure in the manner established by the Administrative Regulations for the provision of state services for notification registration by the Federal Labor Service (hereinafter referred to as the Administrative Regulations). This document, among other things, stipulates that the parties must receive notification of registration (the Regulations were approved by the Order of the Ministry of Labor and Social Protection dated September 12, 2014.

No. 636n).

A different registration procedure may be provided for by the laws of the constituent entities of Russia, as a result of which local government structures may be vested with the corresponding powers to register contracts.

Not all subjects of the Russian Federation took advantage of this opportunity. To receive a government service, the applicant needs to send a request to the relevant labor authority, which is drawn up in accordance with the requirements set out in the Administrative Regulations. The address/metro should be addressed to the head of the structure.

The procedure for registering an agreement or amendments to it in accordance with the Regulations is as follows:

the relevant Committee registers received contracts in the accounting journal, which indicates the registration number assigned to the documents and the date of registration; within a period of up to 30 calendar days, the Committee checks documents to identify conditions that may worsen the situation of workers in comparison with labor legislation; if such conditions are identified, the Committee informs the signatories of the agreement in writing.

Contents of the collective agreement

The parties independently determine the terms of the agreement. The framework requirements are contained in Article 41 of the Labor Code of the Russian Federation.

The agreement must cover the following points:

payroll procedure;
the procedure for calculating benefits and compensation;
actions of the employer in conditions of rising prices and inflation;
procedure for improving the qualifications of employees;
working hours;
providing breaks, days of rest, vacations;
improving the quality of working conditions and labor protection;
preferences for employees combining work and training;
carrying out recreational activities;
compensation to employees for food expenses;
other questions.

If the employer has the opportunity to allocate additional funding for benefits for employees, the agreement may include conditions that are more favorable compared to the Labor Code of the Russian Federation.

Deadlines for registration of collective agreements and agreements

Administrative regulations establish the terms for the provision of public services for registering a collective agreement. According to the procedure for providing the service, the period for its provision cannot exceed 30 working days. The following are defined:

deadlines for completing administrative procedures, if the applicant applies in person:
the permissible period for providing public services should not exceed 30 minutes;
the maximum period for reviewing documents that, according to the established procedure, are necessary to obtain a government service, and making a decision on the possibility of providing the service or refusing the service cannot exceed 20 minutes;
Duration of reception by a Committee specialist when providing services is 30 minutes;
Issuance of a package of documents to the applicant takes 10 minutes.
deadlines for completing administrative procedures in case of a written application from the applicant: the written application must be considered within a period that cannot exceed 15 days from the date of receipt of the application;
an appeal received through the multifunctional center is subject to consideration within a period that does not exceed 15 days from the date of receipt of the request by the Committee.

The period for entering information into the electronic register of contracts is no more than 5 working days. According to the regulations, verification of contracts from the point of view of the presence of conditions in them that worsen the situation of workers is carried out within a period that should not exceed 25 days.

According to the Administrative Regulations, the result of this administrative procedure is:

notification about the registration of the agreement;
notification of refusal to carry out notification registration;
notification about refusal to provide public services.

According to the established procedure, the applicant can appeal against actions and decisions taken in pre-trial proceedings. The reasons for pre-trial proceedings are the following:

the term for registering the applicant’s request for the provision of a service has been violated;
the term for the provision of the service itself has been violated;
to provide the service, the body responsible for this process requests documents that are not provided for by regulations;
the applicant was refused acceptance of documents for the provision of public services;
the provision of the service was refused on grounds that are not provided for by federal legislation;
requirement of payment for the provision of a service, which, according to regulatory documents, is carried out on a free basis.

That is, the subject of pre-trial appeal may be:

non-compliance with the rights and interests of the applicant;
decisions that are illegal;
actions or inactions of officials in the performance of their duties;
non-compliance with the provisions of the Administrative Regulations;
violation of the rules of professional ethics in the process of providing services for registering an agreement or changes to it.

Notice of registration of a collective agreement

After a decision is made to register or refuse to register a collective agreement/agreement, the authorized person of the labor authority in accordance with the Administrative Regulations signs a corresponding notification. The notice indicates the date of registration of the agreement.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The registration log contains not only the date of registration of collective agreements, but also the date of registration and the outgoing number of the notice of registration of the agreement or the date and number of the refusal document that was sent to the applicant.

The notification is sent to the applicant in writing by post, as well as by e-mail or in another way that was specified by the applicant when submitting the application.

When registering a collective agreement or changes to it at the personal request of the applicant, documents with a mark on the registration are returned to him personally.

According to the procedure defined by the Administrative Regulations, if the documents from the applicant were received by mail, authorized persons must contact him and clarify how he prefers to receive the package of documents back after completing the registration procedure.

One of the additional guarantees that the employer and subordinates will fulfill their duties is a collective agreement. The document ensures the rights of the parties establishing relationships.

It describes the requirements for workers and managers. How to draw up a collective agreement or agreement, and within what time frame it is registered, we will look into this article.

Commentary on Article 40 of the Labor Code of the Russian Federation

The development of the economic and social life of society has repeatedly influenced the role and significance of the collective agreement in labor regulation. In the conditions of modern stabilization, legalization of activities and the formation and development of the labor market, another change in the content and essence of the collective agreement is taking place. It is becoming the main type of social-partner regulation of labor relations directly in organizations.

In accordance with the current version of this article, a collective agreement should now be interpreted as a legal act regulating social and labor relations not only in an organization, but also among an individual - an individual entrepreneur.

A collective agreement is a local regulatory act of the employer's enterprise. We can say that a collective agreement is an addition to the Labor Code of the Russian Federation, which is valid for employees and the employer in a particular organization. It is an act of direct participation of labor collectives in the legal regulation of the labor of workers in a given production, in the creation of local labor law standards and in enterprise management.

The essence of a modern collective agreement is based on the idea of managerial sovereignty of organizations in the sphere of labor, exercised by its leader, and on the participation of the trade union in the settlement of labor, socio-economic and professional relations between the employer and employees.

The changes made to the final part of Article 40 of the Labor Code of the Russian Federation specify the norms of representation in collective negotiations for the preparation, amendment or conclusion of a collective agreement in a separate division of the organization. In this case, the employer has the right to grant the necessary powers to either the head of a separate unit or another person, while the employee representative is determined and vested with such powers in accordance with the procedure provided for in Article 37 of the Labor Code of the Russian Federation.

Collective agreement: general provisions

Collective agreement is the name of agreements of a separate group. The main focus of this type of paper is to ensure the interests of employees and employers equally.

This is necessary when establishing labor relations. The document is classified as local regulatory acts of organizations.

All specified rights and freedoms valid for participants are guaranteed and respected.

The Labor Code of the Russian Federation is the main standard on which they rely when drawing up documentation. A number of special procedures related to this area are described in Chapter 7 of the Labor Code of the Russian Federation. This is an obligation of both subordinates and representatives of the management apparatus. One of these mandatory procedures is the conclusion of collective agreements.

The purposes of the paper will be as follows:

Draw the attention of representatives of the management apparatus to aspects of work that raise the most questions.
Securing provisions that give employees certain rights.
Establishing connections between the responsibilities of subordinates and remuneration for work.

Article 5 of the Labor Code of the Russian Federation also describes some of the issues in this direction. Collective agreements, according to this article, are a new source of law by which relations are regulated.

The document is drawn up not only by company managers and persons employed there. A similar decision is made by individual entrepreneurs who have become employers for a certain number of entities.

If one of the participants is a legal entity, registration can take place not only at the main office. The use of separate units is acceptable. The chief executive officer in such situations is an authorized entity that fulfills the requirements of Article 33 of the Labor Code of the Russian Federation.

Article 36 of the Labor Code of the Russian Federation fixes the following provisions for securities:

Paperwork is the responsibility of the commission. It is collected specifically for this occasion. The commission is also responsible for regulating certain disputes between the parties. Its members have the right to make proposals to change the document. For example, when disagreements arise.
If one of the parties wishes to formalize an agreement, the other must be ready to discuss this issue, after a maximum of seven days. The second participant sends a written response to the one who became the initiator. It describes the representatives who can take part in the negotiations.
Anyone has the right to become an initiator. Notification in writing is an obligation.

No more than three months later, the final signing and registration is carried out. This is done after the main discussions have been completed. If the signing period is violated, the parties will not be held accountable. But the labor inspectorate can most likely organize on-site inspections.

Representatives of the parties to the negotiations must fulfill the following requirements:

It is unacceptable to receive funding from the director of the company entering into the agreement.
It is impossible for one and the same subject to be a representative of both sides at once.
It is unacceptable for representatives of the employment contract to join party units.
Local authorities cannot be trusted to act as representatives.

Stages (stages) of adoption of a collective agreement: step-by-step procedure

More than one chapter of the Labor Code of the Russian Federation is devoted to the conclusion of a collective agreement and consideration of the very concept of such an agreement. We are talking about ch. 6 and 7, also applies to Ch. 61 of the Labor Code - if it is impossible to reach an agreement between the parties and it is necessary to use conciliation procedures. Let's take a step-by-step look at the process of working on a collective agreement:

Taking the initiative to develop and conclude a collective agreement by any of the parties to the labor relationship. Such an offer must be made in writing. It is advisable to record the fact of transmission of the letter from employees in the employer’s office. According to the norms of Art. 36 of the Labor Code of the Russian Federation, the party that received an invitation to collective negotiations has a week to respond, indicating the persons representing them. Opting out of collective bargaining is not possible.
Creation of a commission to develop a draft agreement.
Conducting collective bargaining. The start of negotiations is counted from the first day after the initiators receive a response. The parties are free to independently set the date and place of their holding by agreement. During the negotiations, the provisions of the collective agreement are developed and disagreements are clarified. The progress of negotiations must be recorded in a protocol. If contradictions arise, a protocol of disagreement is drawn up and handed over to each party.
Resolving contradictions. In order to resolve contradictions, the parties may schedule new meetings of the commission. The number of such meetings is not limited. The rules of Ch. 61 of the Labor Code of the Russian Federation on the resolution of collective disputes.
Signing of a collective agreement. Regardless of whether the parties agreed on all issues, under Art. 40 of the Labor Code of the Russian Federation, a collective agreement must be signed no later than 3 months from the date of the start of negotiations, at least in the agreed part.

Registration of a collective agreement: a necessity

The purposes of formalizing such agreements are not described by current laws. But the initiating party can solve the following problems:

Creating clear boundaries in relationships.
Fixing the conditions under which money is transferred. This creates incentives for employees to increase the quality and quantity of goods. They write about additional incentives for achieving results. The main goal is to create high quality products.
Recording information that the director of the company must finance the work of the mechanisms through which results are achieved.
Organizing a remuneration procedure that is fairly fair and equitable.
Strengthening the system related to social protection of the population.
Separate recording of the need to insure employees and undergo other similar procedures.

This is an approximate list of tasks; not all the nuances are described in it. Many enterprises have a whole system with provisions, enshrined in collective agreements. Thanks to this, many issues and disputes that arise during work are resolved easily and quickly.

Article 50 of the Labor Code of the Russian Federation is another standard that can be relied upon. It talks about mandatory registration for collective agreements with the participation of authorized bodies. Referral for registration is the responsibility of the employer or deputy. Within 7 days, the authorities must send a response to the appeal.

Laws do not strictly control the reasons for which refusal to consider is permissible. Registration is likely to be suspended in the event of a serious violation of current regulations related to the problem. The procedure is stopped until the identified deficiencies are corrected.

What is a collective agreement?

A collective agreement is an agreement between an employer and its employees, concluded within a specific company to resolve issues related to labor activities.

The document is signed for the following purposes:

detailed regulation of labor relations;
specifying the system of payment of wages and bonuses;
introduction of additional guarantees for employees;
ensuring stability within the team.

The document sets the framework for the relationship between all employees on the one hand and the employer on the other. It is included in the system of acts containing labor standards along with the Labor Code of the Russian Federation, federal legislation, executive acts, and local documents of a particular company.

Important! The provisions of the collective agreement should not contradict higher regulations: the Labor Code of the Russian Federation, federal standards, and intra-industry documents.

Additional Tips

Before registration, the following advice is given when registering:

Systematization of available information as clearly as possible. The main provisions must be stated clearly.
Elimination of minor aspects, elimination of positions that have become relevant.
It is necessary to eliminate all positions due to which the rights of employees may be violated or worsened.
It is important to ensure that the provisions of the document form a system and are executed as expected. If certain circumstances occur, they provide legal assistance, support, and consultations.
It is permissible to involve employees of third-party companies in the future to assess the current conditions.

Sometimes applications are not completed, but the author of the document agrees with such a decision. The issue is also resolved with the participation of higher-level employees.

Collective agreements: design features

The first step involves developing a draft agreement. That is, they are developing a project. There are no clear rules regarding its content and form. But they highlight general requirements for such documentation, simplifying the registration process.

It is recommended to draw up agreements that include the following information:

The name of the paper, with an addition in the form of a number, the exact day of compilation.
Full names of each participant participating in the interaction.
A description of the obligations that bind both parties because of the relationship between them.
Conditions associated with the adjustment of activities.
Mention of additional benefits and guarantees introduced for employees. The grounds on which they are represented.
Occupational safety conditions observed by both participants.
Conditions related to ensuring social life for employees.
Description of the conditions for ensuring activities for trade unions.

You can enter other information if it is important for a particular industry. A protocol of disagreements is drawn up for situations where the parties cannot come to an agreement on a particular issue.

How to make changes to a collective agreement?

If situations arise that require resolution after the signing of a collective agreement, changes are made to the document. The procedure is carried out in a similar manner. One of the parties initiates negotiations. A special commission is developing a draft additional agreement.

Changes are discussed at commission meetings and must be adopted within three months from the date of submission. After signing the changes, they must be registered with the labor authority.

Registration: general description

To resolve the issue, it is allowed to contact different authorities. Here are just some of the recipient options:

Local executive power.
Ministry of Labor.
Labour Inspectorate.

Registration of collective agreements through the MFC is a service that has become in demand. In such a procedure, the procedure is described as follows:

An application drawn up in a certain form is sent to the selected body. The application is accompanied by a contract in triplicate along with other confirmations. If errors or violations of standards are identified, the process is stopped until the shortcomings are eliminated.
The documents and application are carefully studied and sent for further verification. A telephone call to the regulatory authority is enough for the employer.
Completion of registration. After this, the employer is given two copies of the contracts. One of them is sewn into the accounting book for the enterprise. The second is stored until the standard time has passed.

In such circumstances, complaints are most often caused by the following reasons:

The regulatory authorities made a mistake, but refused to correct it.
This service is free, but the other party demanded payment.
They refused to accept the application with papers, without good reason.
There were demands to present documents that were in no way related to the case.
The frequency of registration has been violated.

This list is far from complete.

The maximum period of time for completing registration is a month from the moment all documents with the application are transferred to the second party.

List of documents to resolve the issue

To register a collective agreement, a participant will need:

Copies of documents on the powers of persons. For a manager, this is the minutes of the founders’ meeting where a decision was made. Representatives of trade unions need an extract from the minutes of the meeting of the labor collective.
Three copies of the final version. Firmware and numbering are required for each copy. The number of sheets included in the agreement is indicated separately. An employee of the structure fills in the columns “Seal”, “Authority that carried out the registration”, “Date of registration”, “Registration number”.
The signature of officials and a wet stamp are placed on each copy.
Conducting collective bargaining if necessary.

The parties, on an equal basis, form a special commission from their representatives, whose responsibilities include resolving several issues:

Regulation of relations in the social and labor sphere.
Preparation of a draft agreement.
Conducting collective bargaining.

Participants in the relationship make separate decisions on the following areas:

Composition of the commission.
Timing of negotiations.
Location.
Agenda.

The decision is recorded in writing - for this purpose a protocol is drawn up, the form of which is without special requirements. An extract from the protocol refers to documents confirming the powers of the trade union.