Collective agreement and labor protection agreement.

What is a labor protection agreement?

An occupational safety and health agreement is a legal form for planning and carrying out occupational safety and health measures in an organization, indicating deadlines for implementation, sources of financing and responsible persons.

In other words, this is a document that takes into account the timing, responsibility and amount of costs for implementing labor protection measures.

For educational organizations, there is a document that explains the basic concepts in detail.

Occupational health and safety at school Instruction packages for schools and preschool educational institutions

Question: What issues are included in the collective agreement?
What labor safety issues can be included in a collective agreement? Answer: A collective agreement is a legal act that regulates social and labor relations in an organization or an individual entrepreneur and is concluded by employees and the employer represented by their representatives.
(Article 40 Labor Code of the Russian Federation) The list of issues that can be included in a collective agreement in an institution is determined by Article 41 of the Labor Code of the Russian Federation.

The following issues may be included in the collective agreement:

• forms, systems and amounts of remuneration;
• payment of benefits, compensation;
• a mechanism for regulating wages taking into account rising prices, inflation levels, and the fulfillment of indicators determined by the collective agreement;
• employment, retraining, conditions for releasing workers;
• working time and rest time, including issues of granting and duration of vacations;
• improving working conditions and labor protection for workers, including women and youth;
• respecting the interests of workers during the privatization of state and municipal property;
• environmental safety and worker health protection;
• guarantees and benefits for employees combining work with training;
• health improvement and recreation for employees and members of their families;
• partial or full payment for food for employees;
• control over the implementation of the collective agreement, the procedure for making changes and additions to it, the responsibility of the parties, ensuring normal conditions for the activities of employee representatives, the procedure for informing employees about the implementation of the collective agreement;
• refusal to strike if the relevant conditions of the collective agreement are met.

download: instructions on labor protection for the catering unit (kitchen) Instructions for the catering unit of the School, preschool educational institution, canteen, restaurant, cafe. Update: October 15, 2020

Also, the collective agreement may establish benefits and benefits for employees, working conditions that are more favorable than those established by laws and other regulations.

The section of the collective agreement on labor protection may include obligations of employees and the employer in matters of improving working conditions and labor protection.

The employer is obliged:

• ensure the creation and operation of a labor protection management system;
• allocate funds for training in labor safety, undergoing mandatory medical examinations, purchasing protective clothing and other personal protective equipment, improving working conditions and safety;
• ensure training and testing of knowledge of labor protection requirements;
• ensure a special assessment of working conditions;
• conduct investigations of industrial accidents;
• organize control over the state of working conditions and labor protection;
• provide benefits and compensation to employees engaged in work with harmful and dangerous working conditions;
• implement compulsory social insurance of workers against industrial accidents and occupational diseases;
• ensure working conditions and protection for women and youth.

Employee obligations:

• comply with labor protection requirements established by laws and other regulatory legal acts;
• use the issued protective clothing, safety footwear and other personal protective equipment;
• undergo occupational safety training, occupational safety briefing, testing of knowledge of occupational safety requirements;
• undergo mandatory medical examinations (examinations);
• notify your immediate or superior manager about any situation that threatens the life and health of people, about every accident that occurs at work, or about a deterioration in your health, including the manifestation of signs of an acute occupational disease (poisoning).

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Is the occupational safety and health agreement mandatory for everyone?

No, the labor protection agreement is not a mandatory document. However, it is an integral part of the collective agreement.

This leads to the question: “Is a collective agreement mandatory?”

No, if neither the employer nor the employees expressed a desire to enter into it. But if you have a concluded collective agreement, then there must be such a document.

Reason: Art. 40 Labor Code of the Russian Federation.

Download an example of a collective agreement

You may need other labor protection documents

Sample form of collective agreement 2021

We offer a free collective agreement form valid in 2021:

• Form of collective agreement 201 in Word.
• 2021 collective agreement form in PDF.

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How does an action plan differ from an occupational safety and health agreement?

• Firstly
  , there are more questions in the standard agreement for organizing the education sector than the list of activities that
  ORDER
  , 2012 offers us.
• Secondly,
  the agreement indicates the amount, timing and responsibility, which allows for more accurate budget planning, as opposed to an action plan.

Also, if the employer signs this document, then he is obliged to carry out the activities specified in it. And an employee or employee representative can write a collective complaint to the inspectorate regarding non-compliance with the agreement

.

A collective agreement is a legal act that regulates social and labor relations in an organization or an individual entrepreneur and is concluded by employees and the employer represented by their representatives.

The main goal of a collective agreement is, on the basis of mutual agreement, to balance the working conditions and wages that determine the content of social and labor relations of the collective of employees of the relevant organization or individual entrepreneur.

The parties to the collective agreement are employees and employers represented by their representatives. Currently, the scope of concluding collective agreements has been expanded, since in accordance with Part 1 of Art. 40 of the Labor Code of the Russian Federation, they regulate social and labor relations not only in the organization, but also among individual entrepreneurs.

The significance of collective agreements lies in the fact that they are legal acts containing labor law norms that regulate labor and other relations directly related to them. They are included for the first time in the official list of sources of labor law, provided for in Art. 5 Labor Code of the Russian Federation.

The definition of a collective agreement formulated in Art. 40 of the Labor Code of the Russian Federation, fully complies with the definition given in Recommendation of the International Labor Organization (ILO) No. 91 “On Collective Agreements”, according to which a collective agreement means any written agreement regarding working conditions and employment, concluded, on the one hand, between an entrepreneur, a group of employers or one or more organizations of employers and, on the other hand, one or more representative organizations of workers or, in their absence, with representatives of the workers themselves duly elected as their representatives. They also emphasize that any collective agreement must bind the parties that signed it, as well as the persons on whose behalf it was concluded.

The period for conducting collective negotiations to conclude a collective agreement is 3 months from the date of commencement of negotiations, which is calculated from the day following the day the initiator of collective negotiations receives consent to conduct them. If within the established period the parties do not reach agreement on certain provisions of the draft collective agreement, the parties are not released from the obligation to sign it on the agreed terms and simultaneously draw up a protocol of disagreements.

Thus, the Labor Code of the Russian Federation essentially obliges the parties to conclude a collective agreement, and also establishes a period and procedure for resolving disagreements that arise during collective negotiations on remaining controversial issues or submitting them to the competent authorities in accordance with the established procedure.

It is important to take into account that a collective agreement can be concluded both in the organization as a whole and in its branches, representative offices and other separate structural units.

The powers of the parties participating in negotiations on the conclusion of collective agreements in the relevant units are defined in Part 5 of Article 40 of the Labor Code of the Russian Federation. The interests of the employer are represented in them by heads of departments or other persons, in accordance with Art. 33 of the Labor Code of the Russian Federation vested with the necessary powers by the employer of the organization.

The right to represent the interests of employees in these divisions is vested in representatives of employees of this division, determined in accordance with the rules of collective bargaining in the organization as a whole, which are established by Parts 2 - 5 of Art. 37 of the Labor Code of the Russian Federation.

Subject of the collective agreement with the organization/employees

The subject of the collective agreement of the Russian Federation is the mutual obligations of the employer and employees on issues of working conditions, including wages, employment, retraining, conditions for the release of workers, working hours and rest time, improvement of labor conditions and safety, social guarantees. The law does not prohibit the inclusion in the document of any provisions relating to labor relations. However, the collective agreement of a budgetary or other institution (sample 2021) should not contain conditions limiting the rights of employees. If such conditions are included in the agreement, then they are not subject to application (Article 9 of the Labor Code).

The collective agreement in organizations is concluded in writing and comes into force from the moment of signing. The employer can be represented by any person working for him - as a rule, such a person is the sole executive body, the chairman of the collegial executive body.

When concluding and monitoring the implementation of a collective agreement, workers are usually represented by trade unions and their associations and other trade union organizations. However, in cases where the employer’s employees are not united in any primary trade union organizations, at a general meeting (conference) of employees, another representative (representative body) may be elected from among the employees by secret ballot to exercise these powers.