Article 50 of the Labor Code documents the procedure for registering collective agreements and labor agreements.
It describes the rules for their registration, the procedure for entry into force and other nuances. Labor Code of the Russian Federation
dated December 30, 2001 N 197-FZ
Full text of the article, guides, additional information - in ConsultantPlus
Is it necessary to register a collective agreement?
According to Article 50 of the Labor Code, a collective agreement is subject to mandatory registration.
Labor legislation imposes the obligation to register a collective agreement on the employer, regardless of who initiated its signing.
The Code of Administrative Offenses contains liability for violation of the obligation to register an agreement under Part 1 of Art. 5.27 (for violation of established requirements of labor legislation). But such a violation is not specified separately in the administrative code.
The purposes of registration of a collective agreement are:
- Giving the collective agreement the status of a legal act.
- Collection of information on the number of collective agreements concluded and their content.
- Statistical analysis.
- Analysis of the contract to identify conditions that contradict labor legislation.
- Providing conditions for ensuring control over the fulfillment of contractual obligations.
Despite the mandatory registration, the collective agreement acquires legal force until this procedure is completed, immediately after signing or from the date specified in the agreement (according to Part 2 of Article 50 of the Labor Code).
From the moment the contract acquires legal force, all parties are obliged to comply with its terms. You don't need to wait for registration to do this.
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.
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.
Notification of identified violations of labor legislation is sent to the employer in writing. If the contract contains illegal provisions, the employer may be required to correct the contract and enter into an additional agreement. In this case, the collective agreement itself will be registered.
About employee representatives
Article 29 of the Labor Code of the Russian Federation says that this role can be performed by the following persons:
- Primary trade union organizations.
- Other representatives separately elected by employees.
The second option is acceptable if workers have not united in primary trade union organizations. Or when such an option is developed, but includes less than half of the citizens interested in the solution.
It is permissible to hold special conferences to select a representative if there are a lot of employees at the enterprise. Such events are recognized as eligible only if at least two thirds of the elected delegates are present.
The results of any general meetings are confirmed by the minutes.
Once a representative or delegate is selected, a proposal to conduct collective bargaining is sent to the employer. This is reported to all trade union organizations associated with the company.
The Laws do not provide clear guidance as to what form such notifications should take. Be sure to write in the document about the negotiations and participants, dates, and describe other personal information.
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.
A sample cover letter for a collective agreement for notification of registration can be downloaded here.
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.
Commentary to Art. 50 Labor Code of the Russian Federation
Comments on articles of the Labor Code will help you understand the nuances of labor law.
§ 1. Part 1 Art. 50 has been supplemented with an indication of the employer submitting the collective agreement for notification registration.
Part 3 clarifies the name of the acts, comparison with which is carried out by the relevant labor authority during the notification registration of a collective agreement or agreement.
§ 2. The legal force of collective agreements and agreements depends on compliance with the procedure for their adoption and signing. The provisions contained therein have legal force and must be applied unless they contradict the Code, other laws, and other regulatory legal acts containing labor standards. The difference in the regulation of labor and related relations between local acts, on the one hand, and collective contracts and agreements, on the other, is resolved in favor of collective contracts and agreements (see Article 8 of the Labor Code).
As provided in Art. 43 and 48 of the Labor Code, a collective agreement, an agreement are valid from the moment they are signed by authorized representatives or from the date specified in the text of the collective agreement, agreement.
Therefore, registration of collective agreements and agreements with the relevant labor authorities does not affect their legal force or the date of entry into force.
§ 3. Registration of collective agreements and agreements with the relevant labor authorities is of a notification nature. By sending a collective agreement or agreement to the relevant labor body, the employer or representative of the employer (employers) notifies this body of the conclusion of the collective agreement or agreement.
The submission of a collective agreement and registration agreement is carried out by the employer, representatives of the employer (employers) within 7 days from the date of their signing.
§ 4. The main task of labor authorities that have received collective agreements and agreements for registration is to familiarize themselves with their content in terms of compliance with labor legislation. If conditions are identified that worsen the situation of workers in comparison with labor legislation and other regulatory legal acts containing labor law norms, the labor authority informs about this the representatives of the parties who signed the collective agreement, agreement, as well as the relevant state labor inspectorate.
§ 5. The Code establishes that the terms of a collective agreement, agreements that worsen the situation of workers are invalid and cannot be applied (see Part 3 of Article 50). In these cases, labor legislation and other regulatory legal acts on the same issues apply.
§ 6. Registration cards of industry agreements have been developed and are used, which indicate: registration number, validity period of the agreement, registration case number, total number of employees in the industry (thousand people), number of employees covered by the agreement (thousand people). ), the parties, the main provisions from particularly significant sections: on wages, working hours, vacations, guarantees and compensation, social support for employees. The Register of industry (inter-industry) agreements at the federal level is published annually.
The Regulations on the Register of Agreements and Collective Agreements were approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 N 68 (Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 10. P. 10, 11).
Deadlines
According to current legislation, collective agreements are subject to mandatory registration within 7 days after its signing.
The procedure for notification registration is established at the regional level and in accordance with federal legislation. For example, in the Moscow region, collective agreements are registered within 10 days after receipt. Some regions provide longer registration periods: up to 30 days.
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.
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.
Sample form for adjusting a collective agreement
Adjustments made to the collective agreement are compiled into a separate document. It contains the following information:
- details of the collective agreement
- name of the business entity
- list of persons participating in the commission
- Factors that contributed to the adjustments
- list of adjustments
- conditions for the adjustments to take effect
A sample of changes to the collective agreement is presented here:
If all labor legislation standards are met, the process of changes to the collective agreement will not cause difficulties. In addition, the procedure for adjusting the additional agreement may be determined by its clauses. Adjustments should be made after discussion with the workforce.
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Management Responsibility
The responsibility of management for failure to comply with the clauses of the collective agreement is established by the norms of the Code of Administrative Offenses. For refusal to participate in the commission for approval of the collective agreement and adjustments to it, as well as in case of refusal to make changes to the document, management is subject to administrative liability.
If one of the above facts occurs, then employees of the enterprise can complain to the Labor Inspectorate. A claim is filed against the employer in court.
If the manager is found guilty, he will have to pay a fine. The amount of the fine can reach 50 minimum wages.
Additional Information:
Contact numbers of the Social Partnership Department of the Human Resources Development and Occupational Safety and Health Department of the Ministry of Social Development of the Moscow Region 8-498-602-26-50 ext. 54711, 54712, 54713, 54714 – website https://msr.mosreg.ru
File: “Procedure for notification registration of collective agreements and agreements in the Ministry of Social Development of the Moscow Region” *.docx – Link to the website page of the Ministry of Social Development page
Duration of the contract and changes made
After signing the collective agreement by all parties, it is recognized as having entered into force. If the entry into force of the agreement needs to be delayed a little, then it can provide for a specific date from which the agreement will begin.
If any changes occur in the organization itself, for example a change of name, change of type or change of manager, this does not terminate the agreement. If the form of ownership changes, the contract continues for another 3 months. When reorganizing a company through a merger with another, or division and liquidation, the duration of the collective agreement is equal to the entire period of such procedures. But in general, a collective agreement cannot be valid for more than 3 years. Upon expiration, the contract can be extended under the same or new conditions.
Who is allowed to change the document
A collective agreement is concluded between the employer and citizens working at the enterprise. The initiators of making adjustments to the current agreement can be any of its participants. To do this, you will need to set out in writing the essence of the necessary changes and send the generated document to the other parties to the contract. Within 7 days, the proposal must be reviewed, and a written response must be sent to the initiator.
If the proposal is approved, a date is set for discussing the changes made and the composition of the working commission to approve the updated collective agreement.
Making changes
If a situation arises when it is necessary to make changes to a collective agreement or add any conditions to it, the first thing you need to do is look into the agreement itself and clarify whether these procedures are spelled out there.
If not, then you must act in accordance with the requirements of the Labor Code of the Russian Federation. 1. Proposal to amend the collective agreement. Any of the parties - both the employer and the employees - has the right to take the initiative by starting collective negotiations to change the terms of this agreement. To do this, representatives of the initiating party must send to representatives of the other party a written proposal in any form to begin collective negotiations with a draft amendment attached. Representatives of the party who received such an offer are required to enter into negotiations within seven calendar days from the date of its receipt ( Part 2 of Article 36 of the Labor Code of the Russian Federation ). Consent to enter into negotiations to amend the collective agreement must be expressed in writing, indicating the representatives and their powers. The day following the day the initiator received the response is the moment the negotiations begin ( Part 2 of Article 36 of the Labor Code of the Russian Federation ).
