Is it necessary to approve a collective agreement by order?
A collective agreement is a legal act that is designed to regulate various areas of labor relations and is concluded between representatives of employees and the employer in the manner prescribed by Chapter 6 of the Labor Code of the Russian Federation.
p, blockquote 3,0,0,0,0 —>
Many people confuse local acts adopted in accordance with Art. 8 of the Labor Code of the Russian Federation with collective agreements. Hence the widespread myth that in order to approve a collective agreement, the employer needs to issue a corresponding order - similar to the procedure for approving local acts.
p, blockquote 4,0,1,0,0 —>
The procedure for approving a collective agreement is completely different. An order to accept it from the employer is not required.
A collective agreement is adopted during collective negotiations, the participants of which are both the employer or its representative and employee representatives. Based on the results of the negotiations, a final document is signed, which in essence is an agreement between employees and management.
p, blockquote 6,0,0,0,0 —>
Thus, the very nature of a collective agreement requires that both parties to the negotiations sign it. If the document were approved only by the employer, it would be unilateral, but in fact, a collective agreement is the result of a discussion of issues between all participants in labor relations represented by their representatives. To approve the document, it is sufficient for it to be signed by the parties. It begins to operate from the moment of signing, or in another manner specified in the text of the agreement.
p, blockquote 7,0,0,0,0 —>
Order to create a working group to develop a collective agreement
Forms of documents: Notification of the beginning of collective negotiations "Alpha" INN 7708123456, KPP 770801001, OKPO 98756423 full name of the organization to the Chairman of the Trade Union Committee of the Trade Union of Workers T.P. Mukhina from "Alpha" INN 7708123456 KPP 770801001 Address (legal and actual): 125008, Moscow, st. Mikhalkovskaya, 20 NOTICE About the start of collective negotiations We notify you of our intention to enter into collective negotiations to amend the collective agreement dated 01/01/2020 for 2020-2017.
In accordance with Art. 36 of the Labor Code of the Russian Federation, we propose: 1. To conduct collective negotiations, prepare draft amendments to the collective agreement, approve changes to the collective agreement, form a Commission for conducting collective bargaining on an equal basis (Article 35 of the Labor Code of the Russian Federation), including 5 representatives each from employees and the employer; 2.
Approve the Regulations on the Commission for conducting collective bargaining, preparing a draft amendment to the collective agreement, and approving amendments to the collective agreement; 3. Approve the Regulations on the management of collective agreements to amend the collective agreement; 4. Conduct negotiations within 3 months and approve changes to the collective agreement by November 15, 2019; 5.
Meetings of the Commission are held on Tuesdays and Thursdays at a time convenient for the parties in the conference room on the second floor; 6. Entrust the conduct of collective bargaining to the Collective Bargaining Commission. List of persons sent to the Commission for Collective Bargaining by the employer with the powers granted to them.
Director A.V. Lvov 2. Document forms: Response from employee representatives on the delegation of representatives to a working group or commission Primary trade union organization dated August 16, 2020 No. 24-pk On the delegation of representatives to a working group or commission Dear Alexander Vasilyevich! We inform you that the primary trade union organization "Alpha", which unites more than half of the total number of workers, agrees to begin collective negotiations in order to amend the collective agreement "Alpha".
According to the minutes of the meeting of the trade union committee dated February 26, 2020.
If an order to introduce a collective agreement is not required, what order is needed?
An employer's order is an organizational and administrative document. When adopting a collective agreement, it is necessary to ensure its implementation, familiarization of employees with it, and notification registration (Part 1 of Article 50 of the Labor Code of the Russian Federation).
p, blockquote 8,1,0,0,0 —>
To organize all these procedures and appoint those responsible for their implementation, employers often issue organizational orders. This is justified, since if such an order is not issued, the entire procedure may be left to chance.
p, blockquote 9,0,0,0,0 —>
The consequences can be sad:
p, blockquote 10,0,0,0,0 —>
- Employees will not be familiar with the document and therefore will not be able to execute it.
- The agreement will not be registered with social authorities. protection, which entails bringing the employer to administrative liability under Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.
- The document may not come into force if the parties, for example, have written in it that it comes into force from the moment it is sent for notification registration.
To avoid possible negative consequences, after signing a collective agreement, an organizational and administrative order must be issued. It is drawn up in any form and signed by the employer. A sample document can be downloaded from the link at the beginning of the article.
Where is the collective agreement registered?
Despite the apparent lack of need to educate a third party about the intricacies of cooperation, the employer is obliged to register a collective agreement (Article 50 of the Labor Code of the Russian Federation). Not all representatives of trade union organizations are well aware of their rights; often the same can be said about employers.
Notification registration of a collective agreement has other purposes:
- obtaining the status of a legal act adopted by an authorized government agency;
- collection of statistical data by Rostrud - information on the number of concluded contracts;
- providing conditions for monitoring the implementation of collective agreements;
- assistance in drawing up a contract.
The Labor Code makes no mention of liability for an unregistered collective agreement. However, according to the Code of Administrative Offenses of the Russian Federation, an employer may be held administratively liable for violating labor laws.
Accepted changes to the agreement are also subject to registration. It is worth noting that the collective agreement begins to operate from the moment it is signed, regardless of whether it has been registered or not.
The body for registration of collective agreements in 2020 is determined by the law of the subject of the federation. Usually this is the regional executive authority on labor and employment issues. For example, in the Moscow region, registration of collective agreements is carried out by the Main Directorate for Labor and Social Issues of the Moscow Region (Moscow, Obrucheva St., 46).
We suggest you read: How to delay divorce proceedings in court
Agreements concluded at the federal level are sent for registration exclusively to Rostrud.
Managers often have questions about the algorithm of actions for registration; the matter is also aggravated by the fact that different regions have different procedures for registering a collective agreement.
Why do legal resources offer a sample order for approval of a collective agreement?
Samples of an order approving a contract are available on legal platforms. The reasons why this is allowed are as follows:
p, blockquote 12,0,0,1,0 —>
- Articles are written using keywords; accordingly, in order to attract visitors to sites, their creators or authors post a sample document, the preparation of which is not legally justified. Common keywords are “order approving a collective agreement in a preschool educational institution,” “order approving a collective agreement in a school.”
- Some authors simply do not know that a collective agreement and a local act are not the same thing; accordingly, they mistakenly assume that a collective agreement requires approval by order of the employer.
- There is a “herd feeling” when the author of an article takes information from similar sites, rewriting the information in his own words (rewriting articles).
What legal norms govern
General provisions on the specifics of regulating labor relations through a collective agreement are spelled out in Chapter 7 of the Labor Code. Here, in particular, the official definition of this agreement, its structure, the procedure for development, the process of signing and conclusion, as well as some other issues are covered.
This article talks about typical ways to resolve the issue, but each case is unique. If you want to find out how to solve your particular problem, call :
- Moscow .
- Saint Petersburg .
Or on the website. It's fast and free!
According to Art. 40 of the Labor Code, the collective agreement regulates the relations of employees in the social and labor sphere within the boundaries of a specific organization, its separate division or branch.
The parties to a collective agreement are the employer (represented by a company or individual entrepreneur) and its employees.
The Labor Code provides for the possibility of regulating the following issues in a collective agreement:
- Remuneration at the enterprise (bonus system, form and size of bonuses and allowances, the procedure for their indexation to the level of inflation, etc.).
- Guarantees and benefits, benefits and compensation.
- Training and retraining of employees.
- Time for rest and work , including vacation.
- Labor protection and benefits for certain categories of employees (for example, young professionals and women).
- The procedure for monitoring the implementation of the contract , the rights and obligations of the parties and the responsibilities of the parties, etc.
The provisions of the collective agreement expand the list of rights and guarantees for employees of the organization. But its provisions must not contradict the Labor Code and cannot infringe on the rights of employees or worsen their working conditions. Such rules should not be applied in practice.
Part 2 of the article in question indicates the possibility of changing certain terms of the agreement by either party. Amendments are made through amendments and additions to the collective agreement.
In what cases is a collective agreement concluded and for what period?
The Labor Code of the Russian Federation establishes the concept and content of a collective agreement, but the management of the company and its employees carry out the conclusion of a collective agreement, so whether it is valid or not depends on them.
This local regulatory act does not apply to enterprise standards that must be present in the company. Since these rules may be reflected in other documents.
Nevertheless, the Labor Code of the Russian Federation establishes the obligation of the administration of a business entity to conclude a collective labor agreement if at least one of the company’s employees expresses such a desire.
The same act establishes the period within which it is necessary to begin negotiations on concluding this agreement - seven days. Thus, this act can exist if the company or individual entrepreneur has at least one employee.
In this case, a party to the organization may be represented by a director or other official who, in accordance with the constituent documents, has the right to represent the company. The side of those working at the enterprise must be represented by representatives of the trade union created in the organization, or by the company employees who received the majority of votes in the elections.
There may be several trade unions at an enterprise, then who will represent the side of workers in the organization will be determined in accordance with the Labor Code of the Russian Federation.
If the employer is an individual registered as an individual entrepreneur, then he must independently sign this local regulatory act.
Attention! If an enterprise has branches and representative offices, then a collective agreement can be drawn up in these divisions. Its effect will apply only to branch employees.
There are industry and inter-industry agreements that define provisions for regulating the relationship between employee and management. Then the collective agreement should be based on them.
The legislation determines that the duration of an approved collective agreement between the management of a company and its employee cannot exceed three years. In this case, the calculation of the validity period begins from the date specified in the agreement itself or the date of its signing.
Attention! If the organization is renamed, the concluded collective labor agreement may continue to be valid. When carrying out a merger, division or spin-off procedure, the collective agreement is valid until its complete completion. After completion, either party can send a second proposal to draw up a new document or extend the validity of the old one for 3 years.
What documents can be attached
Chapter 7 of the Labor Code does not regulate the issue of documentary annexes to the collective agreement. But in the text of this document there is a mention of annexes to the collective agreement.
- Labor standards in force at the enterprise.
- Shift schedules.
- Lists of employees indicating their positions.
- Lists of beneficiaries.
- Lists of supervising employees regarding the execution of the terms of the contract.
- Regulations on bonuses.
- Standards for providing financial assistance.
- Payroll fund , etc.
An additional agreement to the collective agreement may be required for the following points:
- clarification of certain provisions of the document;
- supplementing it with new provisions;
- extension of its validity period;
- exceptions to certain clauses from contracts (in particular, at the request of the labor inspectorate).
The grounds for amending the collective agreement through additional agreements may include:
- change in the name or legal form of the employing company;
- abolition of social and material support standards provided for in the agreement;
- changes in working conditions based on the results of a special assessment, etc.;
- change in wage fund;
- budget cuts due to the difficult financial situation at the enterprise.
The procedure for the entry into force of the agreement
A collective agreement cannot be concluded for a period exceeding 3 years. It comes into force either immediately after signing the document, or from a specific date written in its text. Further, the parties, if they agree to this, can extend the term of the collective agreement, but also for a period of no more than 3 years.
There is no need to issue a separate order or other internal order on the approval and entry into force of a collective agreement.
The document continues to be valid if the company is renamed, reorganized, the general director is fired, etc.
Attention! If the company has a new owner, then after this date the agreement continues to be valid for another 3 months. This time is enough for the new owner to prepare his own version of the contract.
Design rules
An additional agreement to the collective agreement is drawn up in writing.
The agreement is subject to signing and agreement by all parties to the agreement. Typically, this document is approved by issuing a corresponding order from the employer.
According to the established procedure, the following stages can be distinguished in the implementation of additional agreements:
- The interested party sends its proposal to the other participant in the form of an official document on the beginning of collective negotiations on the issue of amending or adding new conditions to the agreement.
- The second party considers the proposal of the initiator of negotiations and appoints its representative within 7 days . She has no right to refuse negotiations.
- The employer forms an order to create a commission to participate in negotiations on the signing of an additional agreement.
- A draft additional agreement is being prepared . The entire negotiation procedure should not exceed three months.
- After which changes are made to the contract , and they are approved by order of the employer. The order is distributed against signature to all employee representatives.
- The collective agreement and the signed additional agreement are sent by the employer to the labor inspectorate or other labor authority for notification registration.
Where is the collective agreement registered?
Registration of a collective agreement, agreement A collective agreement, agreement within seven days from the date of signing is sent by the employer, the representative of the employer (employers) for notification registration with the relevant labor authority.
Industry (intersectoral) agreements concluded at the federal level of social partnership, interregional agreements are registered by the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, regional and territorial agreements - relevant executive authorities of the constituent entities of the Russian Federation.
The laws of the constituent entities of the Russian Federation may provide for the possibility of vesting local government bodies with the authority to register collective agreements and territorial agreements.
Collective agreement sample 2020: sample, form, form, order
A sample collective agreement is necessary for business owners and heads of budgetary organizations for use in their work.
The document is aimed, first of all, at regulating certain aspects of labor relations between the employer and employees in a particular institution.
The legislator does not oblige the head of the organization to enter into an agreement; everything is done by mutual agreement of the parties to the social partnership.
Collective agreement for a budgetary institution
The procedure for drawing up a document begins with negotiations, which can be initiated by both representatives of the employer and employees.
During the discussion, a commission is created, tasked with developing a draft agreement.
The legislator, in Article 39 of the Labor Code of the Russian Federation, provides participants in collective negotiations with guarantees and compensation in the form of maintaining their average earnings for the period of negotiations, but not more than 3 months.
The Labor Code of the Russian Federation obliges the parties to sign a collective agreement no later than 3 months from the moment when negotiations officially began. If a consensus is not reached, a protocol of disagreements is drawn up.
The structure of a document for a budgetary institution can be standard, approved by the executive authority.
In the absence of a sample, you can adhere to the following content:
- The parties, their representatives, name of the organization.
- Subject of the agreement.
- Remuneration and rationing. Here you can specify guarantees and compensation.
- Rest time, work schedule.
- Occupational Safety and Health.
- Promoting the employment of workers.
- Guarantees and compensation in the social sphere.
- Cooperation and responsibility of the parties.
- Procedure for making changes.
- Signatures and seals of the parties.
Features of the contract conclusion procedure for budgetary institutions are:
- the presence of a trade union organization and its participation in negotiations;
- permanent conclusion/extension of document validity;
- availability of a standard sample approved by the owner of the property.
After the collective agreement is signed by the parties to the negotiations, it must be registered with the regional labor inspectorate no later than 7 days from the date of signing.
Registration is mandatory, but relates only to the fact of concluding an agreement and does not determine the beginning of its validity; The parties begin to comply with the provisions of the document from the day of signing.
Is collective bargaining mandatory or not in 2018?
In 2020, no regulations regarding the collective agreement were adopted, so when creating it, it is necessary to take into account previously existing ones.
The current norms do not establish the mandatory existence of this act. This is due to the fact that the content of a collective agreement can be reflected directly in a simple employment contract, or recorded in other regulations.
The Labor Code of the Russian Federation establishes only the obligation to conclude it if employees turn to their employer with a proposal to draw it up.
Then a business entity may have problems if its management avoids formalizing this agreement. In this case, the administration may face a fine of 3,000-5,000 rubles for not concluding an agreement.
At the same time, the violation may also include avoidance of negotiations, violation of deadlines for registration of labor relations, and refusal to provide the required information. For all these offenses, fines from 1000 to 3000 rubles or a warning may also be imposed.
Attention! In addition, the rules of law provide for the liability of the company’s management if, having accepted the collective agreement, it subsequently does not comply with its provisions. In this case, representatives of the organization may be punished with a fine of 3,000-5,000 rubles.
Collective agreement for LLC
The peculiarities of drawing up a document for limited liability companies lie in who speaks in negotiations on behalf of the employer. To answer the question, you need to study the charter and local acts of the organization.
For example, the issue of remuneration may be within the competence of a collegial executive body (for example, a board of directors), while the sole executive body (for example, a director) is authorized to deal with all other issues.
In this case, the director is the negotiating party, but the issue of payment is agreed in writing (or otherwise) with the board of directors.
The procedure for concluding an agreement for an LLC does not differ from the general one set out in the Labor Code.
Deadlines must be met, and the employer must provide the guarantees and compensation that are due to employees participating in collective bargaining.
A completed copy of the agreement must also be signed by the parties and submitted for registration to the labor inspectorate of the subject.
Do I need to approve?
First of all, let’s figure out whether the procedure for granting vacations must be approved by the company’s management. Yes, that's it: part 1 tbsp. 123 of the Labor Code of the Russian Federation indicates that drafting (and, as a result, approval) is the responsibility of the employer. If this does not happen, liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation. However, how is this documentation approved in practice?
How does a document become legally binding?
Options by which a document will gain legal force:
Is it necessary to approve?
The above methods for approving a schedule are equally suitable for use. In this case, the use of a separate order is not necessary - a visa from the manager stating that the document has been approved is sufficient .
The use of orders is more convenient in organizations with a large number of employees and internal departments. In this case, the vacation schedule approved in accordance with Art. 123 of the Labor Code of the Russian Federation, may be a multi-page document, which would be more appropriate not to be endorsed, but to be approved as a separate document. But using a visa in this option will not be a mistake.
Labor laws only require that an approved schedule be in place, without setting specific requirements for how exactly it was put into effect.
Sample order for a collective agreement
1. Order approving the collective agreement
The document is drawn up by the head of the organization whose employees enter into the contract. It is drawn up in writing, on the institution’s letterhead.
The legislator does not impose any requirements on the content of the order; We believe that it should reflect the following information:
- date, number;
- Name;
- preamble, which indicates the name of the agreement and its participants;
- list of initiatives that must be put into effect: approve the agreement, appoint
- responsible person, approve another document, etc.;
- manager's signature.
The order is brought to the attention of the parties to the collective agreement and kept by the employer.
2. Order to extend the collective agreement.
The Labor Code of the Russian Federation allows for the possibility of extending the validity of a collective agreement by mutual agreement of its participants.
An additional agreement is drawn up regarding this, which comes into force from the moment of signing and is subject to mandatory registration with the labor inspectorate.
Additionally, the head of the organization can issue an order approving the extension of the validity period. This document is not mandatory and the standard form is not approved by law.
Order on the development of a collective agreement in a new edition
The head of the educational institution assumes control over the execution of the order, which is confirmed by a personal signature of the document. Minutes of the meeting of the labor collective meeting (download) Please note that the order to approve the collective agreement in the preschool educational institution will become a mandatory provision to the adopted employment contract, as will, for example, the internal regulations of the institution.
Protocol on internal regulations (download) If, after three years, both parties to the labor relationship are ready to extend the agreement, it is necessary to issue an order to extend the collective agreement (according to the established template).
The document will confirm the willingness of the employer and employees to continue legal relations on the same terms. The order contains information about the period for which the contract is extended, as well as the need to familiarize each employee with the (extended) employment agreement.
Sample collective agreement (download) The head of the structure must monitor the execution of the order to approve/extend the collective agreement in the preschool educational institution.
Extract from the collective agreement - sample
The document is a copy of part of the contract, provided at the place of request.
- A certain part of the contract is copied.
- If there are 2 or more sheets, they are stitched and numbered.
- On the first page the name of the document is written: “Extract from the collective agreement No. ________from _________” (the name of the main document is indicated in full).
- At the end of the extract, a certification mark is placed, the details of the authorized person are indicated, and it is specified where the original contract is stored.
A sample statement can be found on the Internet. The legislator does not impose requirements for the content of the document, so the organization can develop its own procedure for registration.
Required documents
The full set of document requirements can be clarified with the territorial registration authority. Failure to comply with the registration conditions and completeness of documents is the only reason for refusal of registration. In this case, the package of documents is returned to the applicant to eliminate the violations.
We invite you to read: Where to conclude a gas supply agreement
List of required documents:
- application for notification registration of a collective agreement in the appropriate form;
- collective agreement – 3 copies. Each copy must be bound, stitched, the sheets must be numbered, and the number of sheets stitched must be indicated. On the sheet on which the details of the parties are indicated, the lines “Registration number”, “Date of registration”, “Registration authority”, “Place of printing” should be placed, which will be filled in by the registering authority. All copies must have original signatures and seals. It is not permitted to present copies of the agreement.
- copies of documents on the powers of the parties - the head and the representative of the trade union. If everything is clear with the manager, and confirmation of his election can be, for example, the minutes of the meeting of founders, then difficulties arise with the representative of the employees. Moreover, often this document is simply not sent to the inspection body, since it is not considered mandatory. This is incorrect, and failure to do so may result in refusal of registration. What document certifies the powers of trade union representatives? The document confirming the authority is an extract from the minutes of the general meeting of the company's staff.
