Collective agreements
Type
Name
| Collective agreement |
Instructions for preparing a collective agreement
A collective agreement is concluded between the employer (organization or individual entrepreneur) and employees represented by their representatives. Most often, it is perceived as a document that primarily meets the interests of employees, so employers are not always willing to agree to its conclusion.
We suggest you understand the features of a collective agreement: whether the employer must conclude it, and what additional responsibilities such an agreement imposes on him.
Invitation to negotiations
As a rule, the active group is selected from among the employees. Some employers themselves propose drawing up a collective labor agreement because these requirements are increasingly tacitly, and sometimes with direct instructions, motivating its conclusion.
The initiating party submits a proposal for negotiations in writing. The counterparty within 7 days from the date of receipt gives a positive response or motivates the reasons for the refusal .
If the reasons for the refusal are not convincing, they can be disputed with the labor inspectorate (GTI). After receiving written consent, a commission is formed to participate in the negotiations.
The day following receipt of the written response opens the negotiation period between the parties.
The text of the response must contain a list of members of the commission participating in the negotiations, which is determined by clauses 1.2 of Art. 36 Labor Code of the Russian Federation.
Typically, the members of the commission include representatives of the divisions of the enterprise, which is regulated by clauses 2-5 of Art. 37 Labor Code of the Russian Federation.
Individual entrepreneurs have the right to nominate responsible persons from among themselves, or enter into negotiations collectively if their number does not exceed 5 people.
Trade union members are notified through the trade union organization and provide lists of elected representatives.
No later than 2 days before the start of negotiations, the counterparties exchange available information. This gives them the opportunity to prepare for negotiations, which confirms clause 7 of Art. 37 Civil Code of the Russian Federation.
During negotiations, preliminary text matching takes place. If the parties do not reach an agreement, negotiations are postponed .
The duration of the negotiation period is generally limited to 3 months . If during this time an agreement is not reached, a preliminary text is drawn up, to which protocols of disagreements between the parties are separately attached in accordance with Parts 2 and 3 of Art. 40 Labor Code of the Russian Federation .
A ready-made agreed text or a preliminary copy with protocols of disagreements is presented to the meeting to approve the contract.
Contents of the collective agreement
The Labor Code interprets the collective agreement as a legal act regulating social and labor relations between the employer and employees (Article 40 of the Labor Code of the Russian Federation).
As we see, the concept of “social” has been added to the concept of “labor relations”, and in Article 23 of the Labor Code of the Russian Federation one can also find the concept of “social partnership in the sphere of labor”, one of the forms of which includes the procedure for concluding a collective agreement.
In general, the Labor Code provides rather vague and general formulations when describing social partnership, such as “ensuring the coordination of the interests of employees and employers”, “equality of the parties”, “compliance by the parties and their representatives with labor legislation”, “respect and consideration of the interests of the parties”, etc. .d.
Article 41 of the Labor Code of the Russian Federation includes more specifics regarding the content of the collective agreement; approximate contractual terms are indicated, which, again, are not mandatory, i.e. mandatory. Among them are conditions regarding remuneration; working hours and rest hours; additional items that improve working conditions for workers, etc.
In fact, such conditions are included in the individual employment contract, and are also contained in local regulations, for example, in the Regulations on Remuneration. We can say that the collective agreement does not contain anything absolutely new or specific compared to an individual employment contract. That is why very often the text of a collective agreement simply duplicates the terms of an individual employment contract or local regulations governing labor relations.
And yet, concluding a collective agreement may also be interesting for the employer, because in some cases reduces the tax burden. Here we mean accounting for taxation of expenses for such additional employee benefits as:
- free or reduced-price meals;
- additional free education;
- the opportunity to play sports at the expense of the employer;
- additional severance pay not provided for by the code, etc.
That is, this is what is called an additional social package, and of course, such benefits affect the work motivation of employees. And in order to take into account such expenses, the employer must stipulate all these benefits and compensation in an employment or collective agreement (Article 255 of the Tax Code of the Russian Federation).
With a large number of employees, it is easier to include a provision for benefits or compensation in a collective agreement than to draw up hundreds and thousands of additional agreements to individual employment contracts with each employee.
When preparing a collective agreement, you need to be aware that its provisions cannot contain conditions that worsen the situation of workers in comparison with an individual employment contract and labor legislation (Article 50 of the Labor Code of the Russian Federation).
There are other benefits too.
So, concluding a collective agreement is beneficial not only to employees, but also to the employer, therefore the latter’s obligation to conclude such an agreement at the request of employees should not be perceived negatively by him. Issues of developing social partnership and collective bargaining regulation in organizations are repeatedly raised at the regional level. By decision of the Krasnodar Regional Tripartite Commission for the Regulation of Social and Labor Relations No. 2-4 dated April 27, 2017, municipalities were recommended to continue working on the development of social partnership in the districts, as well as to ensure 100% coverage of the conclusion of collective agreements in public sector organizations. Specialists of the labor relations department of the State Public Institution KK "TsZN Kavkazsky district" are ready to provide advisory and methodological assistance to employers in the formation of a collective agreement and its annexes, the creation of a representative body of workers (in the absence of a trade union committee), as well as in matters of social and labor relations, at the address: Kropotkin, MKR. 1, 27, office No. 5.7, or by phone 7-06-99, 3-46-88. The material was prepared by the department of labor relations, labor protection and interaction with employers of the State Public Institution KK "TsZN of the Caucasian region"
Termination
In addition to cases of natural urgent termination, situations of early termination may be allowed .
They are valid:
- by agreement of the parties;
- unilaterally;
- judicially.
Forced termination of the contract is permitted if one of the parties fails to comply with its provisions , which requires documentary evidence.
Some conditions of the collective labor agreement require re-conclusion or termination of the document.
These are the cases:
- enterprise reorganization;
- changes in the form of ownership;
- liquidation and restructuring of a legal entity.
The procedure for concluding an agreement regulates the inclusion in its provisions, clauses and subclauses of those issues that may become a “stumbling block” between administrative instructions and the requirements of the team.
Alteration
If the contract no longer meets the requirements of the time and working conditions.
Or, when additional opportunities arise to improve the organization in production, additions can be made to the contract.
They take the form of additional documentation and can be named:
- additions to the collective agreement;
- annex to the collective agreement.
Additions may be made no more often than 3 months after the release of the next copy. They are not valid without a master copy.
TD and CD – which of these agreements is more important?
Of course, the TD, which is concluded between the employee and the employer, is of greater importance in comparison with the contract. This conclusion follows from the fact that the presence of TD from the point of view of the law is an officially established condition. It is on the basis of the TD that the relationship between the parties is carried out. The absence of TD violates the law and entails penalties. An organization that allows an employee to work without a TD will be subject to a significant fine.
If a citizen is involved in the performance of labor duties and the employer does not enter into an appropriate agreement with him, then under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, fines can amount to:
- from 10 to 20 thousand rubles for officials;
- from 5 to 10 thousand rubles for individual entrepreneurs;
- from 50 to 100 thousand rubles for legal entities.
If the organization has not adopted the Code of Practice, then there are no grounds for holding the employer liable. At the same time, its presence indicates that the employer, firstly, strives to improve working conditions for employees, and, secondly, takes into account their opinion in matters of organizing the work process and rest.
In summing up
Thus, we found out that the TD differs from the CD in that the presence of the first is mandatory for the conclusion with each worker, and the second is accepted in cases where one of the parties was the initiator of its conclusion. The TC applies to one specific person with whom it is concluded; the TC concerns all employees of the organization, from junior personnel to management.
Source: "Legal ABC"
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Conditions of signing
The agreement is signed by the parties, indicating the personal data of the employer and the name of the enterprise, indicating the form of ownership.
The signature requires a handwritten transcript and is placed at the end of the document text.
Details are indicated in the introductory part when determining the parties.
The number is placed at the very beginning of the document, directly below its name.
The agreement comes into force from the moment it is signed by the parties and is valid throughout the entire term. At the end of the period, it can be extended , or it can be drawn up anew.
How many collective labor agreements can be concluded in an organization? The agreement is drawn up according to the number of parties - in 2 copies . One is kept by the manager, the other by the trade union organization. If this is not available, contact an authorized person.
ATTENTION: if the contract is not planned to be renewed, the employer is required to notify the trade union or collective of employees about its termination . The notification is issued in writing, with registration of the procedure.
The document is kept in a safe along with other important documentation for the entire period of validity, along with the documentation attached to it.
The used copy is stored in a safe , but in a different folder. There it must remain for 3 years , after which it is transferred to the archive. Archival documents are stored for 75 years .
Or - during the existence of the organization , enterprise, after which it is subject to write-off along with other documentation.
Applications
The agreement is accompanied by documentation reflecting the correctness of the procedure for its preparation , signing and approval by the meeting. It includes:
- protocols;
- act of the counting commission;
- preliminary version;
- additions and protocols for making changes.
ATTENTION! For violations committed during the preparation or conclusion of a collective labor agreement, the employer is subject to an administrative penalty, and possible fines .
