Monitoring compliance with the collective agreement and liability for violation or failure to comply with its terms.

The conditions for monitoring the implementation of a collective agreement (agreement) have been approved as legislative norms. But even this does not stop the parties to the social partnership from all sorts of tricks and violations that affect the well-being of ordinary workers. Therefore, it is advisable to analyze the procedure for control functions, who is vested with such powers and what liability is possible for violation of the implementation of the collective agreement.

What is a collective agreement

The concept of a collective agreement at an enterprise

To understand who controls the collective agreement and how, it is advisable to first understand what kind of document it is and for what purpose it is being adopted. So, a written agreement between the administration of an enterprise represented by its head and representatives of employees is called a collective agreement. Documents of this type are divided into:

Collective agreements. They are concluded at local levels in labor collectives of small companies, individual branches with the right to hire and fire employees, as well as other similar organizations.
Collective agreements. This type of document is signed at the level of a subject of the Federation, industry, individual territory, profession.

The parties to this type of agreement are employers and trade unions. Depending on the type of agreement being signed, various unions and associations of employers and trade unions may act as signatories.

The main issue that governs the collective agreement is the terms of payment, regulation, labor protection, motivation of employees, their work and rest hours, all kinds of benefits, preferences, and incentive measures for employees.

Remember, a collective agreement must be concluded at every enterprise that uses hired labor and applies to all its employees, regardless of whether they have expressed a desire to become members of the relevant trade union or not.

At the same time, documents of this type must necessarily contain the mutual obligations of the parties to the social partnership. A local-level agreement should not have declarative norms.

Specific conditions, security standards, official salaries, start time of work, lunch break, end of shift, amounts of compensation payments and other similar indicators are prescribed here.

The validity of the collective agreement and control over its implementation

The collective agreement is aimed at regulating social and labor relations, i.e. social relations included in the subject of labor law: labor relations, as well as other relations directly related to them.

The latter include relations on the organization and management of labor, employment with a given employer, professional training, retraining and advanced training of workers directly with a given employer, etc. (Article 1 [1]).

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.

Attention, the collective agreement remains valid in the event of a change in the composition, structure, name of the organization, or termination of the employment contract with the management of the reorganization. In case of reorganization, it remains valid for the period of reorganization.

When the owner of an organization's property changes within 3 months. In case of liquidation - during the entire period of liquidation. The collective agreement may include mutual obligations of employees and employers.

According to the following obligations: 1) Forms, system and amount of remuneration, monetary rewards, benefits. 2) A mechanism for regulating wages, based on the level of price increases, the level of inflation, and the fulfillment of indicators determined by the collective agreement.

3) Employment, retraining, conditions for releasing workers. 4) Length of working hours and rest time, vacations. 5) Improving working conditions and labor protection for workers, including women and youth.

Monitoring the implementation of the collective agreement and agreement

According to its provisions, the employer compensates the employee for material damage in the following cases: - illegal deprivation of the opportunity to work (Article 234 of the Labor Code of the Russian Federation); — causing damage to the employee’s property (Article 235 of the Labor Code of the Russian Federation).

Practice shows that there are many unscrupulous employers who violate both collective and labor agreements, including mainly in terms of non-payment of wages.

This is evidenced by numerous appeals from citizens, in particular to the prosecutor's office.

According to the General Prosecutor's Office of the Russian Federation, citizens began to turn to prosecutors more often. Over the 6 months of 2006, they reviewed more than 800 thousand citizens' appeals. Of these, every fifth is satisfied. In total, in 2006, prosecutors identified violations of labor legislation on wages alone in more than half a million cases.

Over 23 thousand people were brought to administrative responsibility.

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Its composition is selected by the trade union committee from among the members of the trade union. The number of members on the commission is determined by the size of the organization and the volume of work. The chairman of the trade union committee is elected as the head of the commission. Control over the implementation of the collective agreement is carried out by the commission in the following ways:

personal visits, tours of work places;
receiving information or written documents about cases requiring control and taking appropriate measures.

In the course of its work, the commission prepares materials for consideration by the trade union in the following areas:

Recommendations to the manager on eliminating detected violations of the collective agreement. If necessary, this documentation can be sent to labor authorities or law enforcement agencies.
Consideration of draft orders that affect the labor and economic interests of workers.

Parts 1 and 2 of Article 48 of the Labor Code clearly regulate some procedural issues that determine the legality of the relevant agreement: this is the day the agreement enters into force and the duration of its validity.

The agreement comes into force on the day it is signed by the parties or on the date established by the agreement. The duration of the agreement is determined by the parties, but should not exceed three years. At h.

3 and 4 define employers and indicate the conditions for the agreement to apply to them. As a general rule, it applies to all employers who are members of the association of employers that entered into the agreement.

If the employer leaves the said association before the expiration of the agreement concluded during the period of membership in the association, he is not exempt from fulfilling the agreement during the period of its validity.

Source: https://autostrahovka24.ru/dejstvie-kollektivnogo-dogovora-i-kontrol-za-ego-vypolneniem/

/ Economic law / The validity of the collective agreement and control over its implementation

This is not accidental, since a change of owner essentially means a change of party to the collective agreement - the employer. Therefore, within this three-month period, the parties have the right to begin negotiations on concluding a new collective agreement or maintaining, amending or supplementing the existing one.

The permitting norm should not be understood to mean that the parties have the right to enter or not to enter into collective bargaining. No, the parties must start them, but they have the right to conclude a new one or, by their decision, to preserve the norms of a previously valid collective agreement, or to change or supplement its text.

It may happen that the “old” collective agreement suits everyone, but in any case, the changes will affect the parties to the agreement, namely the name of the employer.

Criminal Code of the Russian Federation); - non-payment of more than two months of wages, pensions, scholarships, benefits and other payments established by law by the head of an enterprise, institution or organization, regardless of the form of ownership, committed out of selfish or other personal interest (Article 145.1 of the Criminal Code of the Russian Federation).

Criminal Code of the Russian Federation official text with amendments and additions as of 02/01/2008 // Consultant Plus: Version Prof [Electronic resource] / JSC “Consultant Plus”. -M., 2008.

To establish the facts of a criminal offense and bring them to appropriate responsibility, authorized representatives of the labor inspectorate send materials to the judicial authorities and prosecutorial authorities.

Chapter is devoted to issues of financial liability of the employer to the employee. 38 Labor Code of the Russian Federation.

The validity of the collective agreement and control over its implementation

To do this, a collective agreement or agreement is sent by the subject of legal relations, in particular, by the employer, to the labor authority, which operates at the local, regional or federal level. The relevant commission carries out notification registration regarding the nomination of an initiative to verify compliance with the terms of the agreement.

In this case, all identified information is forwarded not only to the participants in labor relations, but also to the Labor Inspectorate at the appropriate level. According to Art.

Source: https://strahovanie58.ru/dejstvie-kollektivnogo-dogovora-i-kontrol-za-ego-vypolneniem/

Who controls

Who controls the implementation of the collective agreement

In order for any document to be workable, it is necessary to specify specific conditions and deadlines for its implementation, as well as appoint responsible persons whose responsibilities will be charged with monitoring the implementation of instructions. Regarding collective agreements, control is carried out:

Employer. Is a party to a collective agreement that is subject to certain obligations. In practice, it monitors not only the fulfillment of the obligations of the other party (trade unions), but also the timely fulfillment of its own obligations. Typically, such powers are delegated to several departments according to the profile of their work (operation, labor protection, social and personnel spheres).
Trade unions. The second party to the collective agreement, whose responsibilities include ensuring that the employer fulfills the functions assigned to him in a timely manner, and if any deviations are identified, informing him so that certain measures can be taken. For this purpose, both private and public commissions and groups can be created, and individual representatives can be vested with powers.
Bodies that monitor compliance with working conditions at a certain level. All collective agreements must undergo notification registration and one original copy of such a document is kept by an independent arbitrator. If any of the workers doubts the integrity of the trade unions and administration in defending his interests, he can always contact the labor inspectorate or the prosecutor's office to carry out an appropriate check.

Remember, a collective agreement can contain conditions that differ from those established at the legislative level only if they improve the conditions of payment, work, security, protection, and stimulation of employees compared to the existing ones. Conditions that worsen the situation of workers in comparison with the law are declared invalid.

Monitoring the implementation of the collective agreement and agreement

SIE Encyclopedia » Labor disputes » Social partnership » Monitoring the implementation of the collective agreement and agreement

The Labor Code of the Russian Federation implies the possibility of monitoring compliance with the terms of the collective agreement.

The conclusion of a collective agreement within the framework of social partnership is one of the most effective mechanisms that allows us to respect the rights and interests of all participants in labor relations without exception.

However, as practice shows, the subjects of legal relations do not always follow the agreement, therefore the Labor Code of the Russian Federation implies the possibility of monitoring compliance with the terms of the collective agreement.

Who monitors the implementation of the collective agreement or agreement?

If we turn to the regulatory legal acts in the field of Russian labor law, then detailed explanations of the issue raised are given in Art. 51 Labor Code of the Russian Federation. This article states that control over the implementation of the collective agreement rests on the shoulders of the parties to the agreements themselves, as well as their official representatives and authorized authorities.

It should be noted that control over the implementation of collective agreements and agreements must take place completely openly and impartially.

In particular, all participants in such supervision must, if necessary, provide the opposing party with all necessary information obtained in the framework of their professional activities. Specialized bodies in the field of labor relations, which also exercise state control over the implementation of the terms of the agreement, must also be notified.

The provision of all information must be carried out within a period that does not exceed 1 month after the request is received from the competent authority. If the information is not provided, then administrative liability may arise, which is regulated by the Code of Administrative Offenses of the Russian Federation, namely Article 5.29.

Control procedure

Monitoring the implementation of a collective agreement is a fairly orderly process that is carried out in several main stages. At the initial stage, it is necessary to carry out notification registration with the competent labor protection authorities.

When conducting notification registration, the commission identifies the presence of conditions in a collective agreement or agreement that may contradict the Labor Code of the Russian Federation, as well as infringe on the legitimate interests and rights of employees. In this case, all identified information is forwarded not only to the participants in labor relations, but also to the Labor Inspectorate at the appropriate level.

According to Art. 50 of the Labor Code of the Russian Federation, if the labor protection authority reveals the presence of conditions that worsen the situation of employees, then such clauses will be declared invalid, therefore such a collective agreement cannot be applied in practice.

However, there are also gaps in this article, including the lack of a list of conditions that allow the clauses of the collective agreement to be declared invalid.

Once the employer or its representatives receive notice that the commission has identified a number of invalid terms during its inspection, all parties to the agreements must be notified of such a legal problem. Modern legislation establishes that notification of subjects must be carried out in the same way as the adoption of the agreement itself. For example, through the media.

Next, the participants who are covered by the collective agreement can submit a statement of claim to the court to declare the conditions specified in the collective agreement invalid. The court can either satisfy the applicants' claim or reject it, for example, for lack of arguments and evidence.

If the employer applies the invalid terms of the contract in practice or refuses to send the document to the labor protection authority within seven days after the conclusion of the agreement, then liability measures may be applied to him. This is due to the fact that such actions directly violate the labor legislation of the Russian Federation.

Regulations and forms of monitoring a collective agreement or transaction

Today, modern labor legislation distinguishes two most basic forms of control over compliance with the terms of the collective agreement:

internal control;
external control.

It should be noted that external control is quite well regulated in the legal acts of the Russian Federation, so its implementation does not cause any problems or difficulties. Thus, control over the activities of employers and their official representatives is carried out on the basis of the Labor Code of the Russian Federation, as well as federal laws, for example, No. 10-FZ.

External control can be carried out by various bodies that are endowed with similar competence.

In particular, these can be not only trade union organizations, but also government bodies at various levels, starting with the Ministry of Labor of the Russian Federation and ending with municipal labor protection authorities.

Internal control over compliance with all terms of the collective agreement must be carried out by the subjects of legal relations themselves, both on a permanent basis and on a temporary basis. This is due to the fact that, as such, there is no regulation for internal control in modern labor legislation.

Therefore, the conditions for carrying out such supervision should be included in a collective agreement or agreements that in one way or another can streamline such work.

If we turn to practice, internal control is also divided into two main forms:

single-subject;
joint.

Joint internal control deserves more interest from a legal point of view.

This is due to the fact that representatives of all parties to the collective agreement are directly involved in its implementation.

Thanks to this, it is possible to find the most acceptable points of contact between the subjects, and also to consolidate the main criteria for conducting internal control with an additional agreement or collective agreement.

Only such formalization of supervision will make it possible to take into account as much as possible the interests and rights of both the employers themselves and the employees who have entered into a collective labor agreement with a legal entity.

To conduct internal control within the organization, additional bodies may be created that will act on the principles contained in the agreement:

specialized commissions, the composition of which is formed from representatives of all parties;
joint control groups formed on the basis of specialized commissions, but operating within separate divisions.

In addition, the parties to legal relations must create a governing body for such control commissions, as well as formalize the legal status of all these structures. Only in this case will internal control not only be orderly, but also completely legitimate.

Monitoring compliance with the terms of the collective agreement is the most important mechanism for regulating and regulating legal relations in the workforce working in the social partnership system.

Source: https://advokat-malov.ru/socialnoe-partnerstvo-v-sfere-truda/kontrol-za-vypolneniem-kollektivnogo-dogovora-i-soglasheniya.html

Independent work: collective agreement 6

If we turn to practice, internal control is also divided into two main forms:

single-subject;
joint.

Joint internal control deserves more interest from a legal point of view. This is due to the fact that representatives of all parties to the collective agreement are directly involved in its implementation.

Only such formalization of supervision will make it possible to take into account as much as possible the interests and rights of both the employers themselves and the employees who have entered into a collective labor agreement with a legal entity.

What is government supervision over execution?

Notification registration of a collective agreement

The law determines that a collective agreement begins to work after its notification registration. This is where the control function of the labor authority begins.

After all negotiation procedures have been completed and the final version of the social document has been signed by the parties, no later than 7 days from the date of signing the document must be sent for notification registration.

Registration of contracts is carried out depending on the level of signing:

at the federal level - directly by the central federal labor authorities;
territorial or regional agreements - by the labor authority of the subject of the federation;
local collective agreements – by municipal labor authorities.