Article 40. Collective agreement
(as amended by Federal Law No. 90-FZ of June 30, 2006)
If agreement is not reached between the parties on certain provisions of the draft collective agreement within three months from the date of the start of collective negotiations, the parties must sign a collective agreement on the agreed terms and simultaneously draw up a protocol of disagreements.
Unsettled disagreements may be the subject of further collective negotiations or resolved in accordance with this Code and other federal laws.
A collective agreement can be concluded in the organization as a whole, in its branches, representative offices and other separate structural units.
To conduct collective negotiations on the preparation, conclusion or amendment of a collective agreement in a branch, representative office or other separate structural unit of the organization, the employer vests the necessary powers with the head of this unit or another person in accordance with part one of Article 33 of this Code. In this case, the right to represent the interests of employees is vested in the representative of the employees of this division, determined in accordance with the rules provided for conducting collective bargaining in the organization as a whole (parts two - five of Article 37 of this Code).
(part five as amended by Federal Law dated June 30, 2006 N 90-FZ)
Article 41. Content and structure of the collective agreement
The collective agreement may include obligations of employees and the employer on the following issues:
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 health protection of workers at work;
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;
other issues determined by the parties.
(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)
A collective agreement, taking into account the financial and economic situation of the employer, may establish benefits and advantages for employees, working conditions that are more favorable in comparison with those established by laws, other regulatory legal acts, and agreements.
Part four is no longer valid. — Federal Law of June 30, 2006 N 90-FZ.
Article 43. Validity of a collective agreement
The parties have the right to extend the collective agreement for a period of no more than three years.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
The collective agreement applies to all employees of the organization, individual entrepreneur, and the collective agreement concluded in a branch, representative office or other separate structural unit of the organization applies to all employees of the corresponding unit.
(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)
The collective agreement remains valid in cases of change of the name of the organization, reorganization of the organization in the form of transformation, as well as termination of the employment contract with the head of the organization.
(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)
When changing the form of ownership of an organization, the collective agreement remains in force for three months from the date of transfer of ownership rights.
(part five as amended by Federal Law dated June 30, 2006 N 90-FZ)
When an organization is reorganized in the form of a merger, annexation, division, or spin-off, the collective agreement remains in force throughout the entire period of the reorganization.
(Part six as amended by Federal Law dated June 30, 2006 N 90-FZ)
When reorganizing or changing the form of ownership of an organization, either party has the right to send proposals to the other party to conclude a new collective agreement or extend the validity of the previous one for up to three years.
When an organization is liquidated, the collective agreement remains in force throughout the entire period of liquidation.
Termination
The collective agreement terminates in the following cases:
- At the end of the validity period (no more than three years after signing), unless the parties have come to the conclusion that it is necessary to extend the contract for a new term.
- At the end of the extended contract , if the parties have decided that they will continue working without it.
- Three months after the change of ownership of the company.
- After completion of the reorganization procedure of the legal entity.
- After making a note in the Unified State Register of Legal Entities about the liquidation of the legal entity.
Expert opinion
Kuzmin Ivan Timofeevich
Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.
Thus, a collective agreement is concluded for a period of no more than 3 years and acquires legal force at the time of its signing or on another day established by the collective agreement. Its provisions apply to all employees of the organization or individual entrepreneur.
The validity period and procedure for the entry into force of the collective agreement are prescribed in Art. 43 of the Labor Code.
Article 45. Agreement. Types of agreements
(as amended by Federal Law No. 90-FZ of June 30, 2006)
By agreement of the parties participating in collective bargaining, agreements can be bilateral or trilateral.
Agreements providing for full or partial financing from the relevant budgets are concluded with the mandatory participation of the relevant executive authorities or local governments that are parties to the agreement.
Depending on the scope of regulated social and labor relations, agreements may be concluded: general, interregional, regional, sectoral (intersectoral), territorial and other agreements.
The General Agreement establishes general principles for regulating social and labor relations and related economic relations at the federal level.
The interregional agreement establishes general principles for regulating social and labor relations and related economic relations at the level of two or more constituent entities of the Russian Federation.
The regional agreement establishes general principles for regulating social and labor relations and related economic relations at the level of a constituent entity of the Russian Federation.
An industry (inter-industry) agreement establishes general terms of remuneration, guarantees, compensation and benefits for employees of the industry (industries). A sectoral (intersectoral) agreement can be concluded at the federal, interregional, regional, or territorial levels of social partnership.
The territorial agreement establishes general working conditions, guarantees, compensation and benefits for employees in the territory of the relevant municipality.
Other agreements are agreements that can be concluded by the parties at any level of social partnership in certain areas of regulation of social and labor relations and other relations directly related to them.
Let's summarize
A collective agreement is a document concluded between the manager and employees and regulates any area of social and labor relations in the team. Regardless of the contents of the document, its validity period is three years. After this period, the contract can be extended, or, if the conditions change, it can be rewritten and concluded again. Accordingly, it is worth reaching certain agreements with the understanding that they will be expedient over the next three years, or the agreement specifies a different expiration date within three years.
Article 48. Validity of the agreement
(as amended by Federal Law No. 90-FZ of June 30, 2006)
The duration of the agreement is determined by the parties, but cannot exceed three years. The parties have the right to extend the agreement once for a period of no more than three years.
The agreement applies to:
all employers who are members of the association of employers that entered into the agreement. Termination of membership in an employers' association does not relieve the employer from fulfilling the agreement concluded during the period of his membership. An employer who joined an association of employers during the period of validity of the agreement is obliged to fulfill the obligations stipulated by this agreement;
employers who are not members of the association of employers that concluded the agreement, who authorized the said association on their behalf to participate in collective negotiations and conclude an agreement or acceded to the agreement after its conclusion;
bodies of state power and local self-government bodies within the limits of their obligations.
In relation to employers - federal government institutions, state institutions of constituent entities of the Russian Federation, municipal institutions and other organizations financed from the relevant budgets, the agreement is also valid if it is concluded on their behalf by the relevant government body or local government body (Article 34 of this Code ).
The agreement applies to all employees who have an employment relationship with the employers specified in parts three and four of this article.
In cases where several agreements apply to employees at the same time, the terms of the agreements that are most favorable to the employees are applied.
At the proposal of the parties to an industry agreement concluded at the federal level, the head of the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor has the right, after publication of the agreement, to invite employers who did not participate in the conclusion of this agreement to join this agreement. The said proposal is subject to official publication and must contain information about the registration of the agreement and the source of its publication.
If employers operating in the relevant industry, within 30 calendar days from the date of official publication of the proposal to join the agreement, have not submitted a reasoned written refusal to join to the federal executive body responsible for developing state policy and legal regulation in the field of labor to it, the agreement is considered to apply to these employers from the date of official publication of this proposal. The said refusal must be accompanied by a protocol of consultations between the employer and the elected body of the primary trade union organization uniting the employees of this employer.
If the employer refuses to join the agreement, the head of the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor has the right to invite representatives of this employer and representatives of the elected body of the primary trade union organization uniting employees of this employer for consultations with the participation of representatives of the parties to the agreement. Representatives of the employer, representatives of employees and representatives of the parties to the agreement are required to take part in these consultations.
The procedure for publishing industry agreements concluded at the federal level and the procedure for publishing a proposal to join the agreement are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations. The procedure for publishing other agreements is determined by their parties.
Legal regulation
The general rules for the operation of a collective agreement are defined in ILO Recommendation No. 91, approved in Geneva in 1951, “On Collective Agreements”. They indicate that the collective agreement:
- Must bind the signatories on whose behalf it is concluded.
- Provisions of individual labor contracts that conflict with the provisions of collective agreements are automatically considered invalid and must be replaced by the provisions of collective agreements.
- The most favorable provisions of employment contracts for employees of the enterprise should not be considered contrary to the collective agreement.
Due to the fact that the collective agreement affects the sphere of labor relations, the main document regulating its operation is the Labor Code:
- The definition and general characteristics of such contracts are contained in Art. 40.
- The structure and content of the document is in Art. 41.
- The development procedure is in Art. 42.
- The validity of collective agreements , in particular, the scope, terms, procedure for extension and termination are prescribed in Art. 43 of the Labor Code.
- Amendments and additions to collective agreements - in Art. 44.
The conclusion of collective agreements is not mandatory under Russian law. But the initiative in its formation and signing can come from both employees and management.
If the initiative group has approached the employer with a proposal to negotiate on the issue of signing such an agreement, he does not have the right to oppose them or refuse.
Article 50. Registration of a collective agreement, agreement
(as amended by Federal Law No. 90-FZ of June 30, 2006)
The entry into force of a collective agreement or agreement does not depend on the fact of their notification registration.
When registering a collective agreement, the relevant labor authority identifies conditions that worsen the situation of workers in comparison with labor legislation and other regulatory legal acts containing labor law norms, and informs about this the representatives of the parties who signed the collective agreement, agreement, as well as the relevant state labor inspectorate. The terms of the collective agreement and agreements that worsen the situation of workers are invalid and cannot be applied.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Control over compliance with the contract and responsibility of the parties
Compliance with the terms of the collective agreement is controlled primarily by the parties themselves who concluded it. Annually, or within the time frame specified by the act itself, representatives of both parties report on compliance with the terms of the agreement and the fulfillment of their obligations at collective meetings of the enterprise.
The labor inspectorate, in turn, is also vested with the right to exercise control over compliance with all clauses of the contract. She can conduct an inspection at the enterprise on her own initiative or at the request of a representative of one of the parties.
Any party can appeal violations in court, but as practice shows, more often these issues can be resolved on the spot by contacting the main management. Failure to fulfill or untimely fulfillment of obligations stipulated by the contract is an administrative offense. Penalties and fines are imposed on the violator by the labor inspectorate, based on current legislation (Article No. 23/12 of the Administrative Code of the Code of Administrative Offenses of the Russian Federation).
An employer who fails to fulfill obligations may face a fine of 30-50 minimum wages (minimum wages). Representatives of the labor collective – disciplinary sanctions, deprivation of position, etc.
The majority of Russian enterprises appreciated the conclusion of a collective agreement. With the help of this document, it is much easier to regulate labor relations and reach compromises; moreover, it is an excellent way to motivate employees and form a common value system within the entire team.
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