Algorithm for dismissal of an employee who is the chairman of the trade union committee of the Republic of Belarus

Dismissal of the Chairman of the trade union organization

If the primary trade union organization does not have a higher trade union organization, then, as indicated in Article 374 of the Labor Code of the Russian Federation, in this case the dismissal procedure is carried out according to Article 373 of the Labor Code of the Russian Federation.
Those. the employer will ask the primary trade union organization whether there is a higher organization, the trade union must provide an answer. And the employer will act in accordance with this answer. And do not forget about what is stated in the Resolution of the Plenum of the Armed Forces of the Russian Federation, that an employee or a trade union cannot exceed his powers, i.e. concealing information will not be in favor of the primary trade union organization. The absence of a higher trade union body is not an obstacle to the dismissal of the chairman of the primary trade union organization, Articles 373, 374 of the Labor Code of the Russian Federation.

I have one article on this topic, Dismissal of a trade union leader, read it, it will be interesting and useful, although I myself only studied it briefly, but even this was enough to draw attention to some points.

Thank you for your comment, but I asked a little differently. Procedures, according to Art. Art. 373, 374 are known to me.

The question is whether the employer has the opportunity, BYPASSING a higher organization (it doesn’t matter whether there is one or not), to contact DIRECTLY the FNPR of the Russian Federation.

Listen, well, if you know what is stated there in Articles 373 and 374 of the Labor Code of the Russian Federation, then from the text of these articles it is clear that bypassing a higher elected trade union body does not have the right.

Forgive me, I’m probably expressing my thoughts incorrectly;-) I understood your question, but I read the law, what is written in it, it says about the body of the primary trade union organization, about only with the prior consent of the corresponding higher elected trade union body. And there is nothing about the FNPR of the Russian Federation and the employer’s ability to bypass other trade union bodies.

And you know, the law states very clearly “only with prior consent. “All these connections are very important, and for me this is the only thing. “That means, no way without contacting this body.

And the question is, why does the employer turn specifically to the FNPR and the question is, and your primary trade union organization is part of the FNPR: The next all-Russian trade union association is the Confederation of Labor of Russia (KTR). Our PPO is not included in the FNPR. I don’t know why exactly there, but there is such information. That is, if I understood you correctly, their possible appeal to the FNPR (as well as to any other not associated with us) does not carry any legal consequences?

Dismissal on the initiative of the trade union body

A trade union organization is an association of persons on a voluntary basis who are associated with production and professional activities.
The purpose of creating such a community is to protect social and labor rights and interests, and resolve industrial disputes. It is absolutely impossible to delay collecting documents to make changes in the state register.

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If the majority fails for the re-election of the trade union committee, then you subsequently have the right to dismiss the chairman of the trade union in the manner prescribed by labor legislation. Unfortunately, there is not enough information to give a comprehensive answer to this question.

That is, these norms also apply to the chairman of the primary trade union organization, who is released from work in the organization in connection with his election to an elective position in the elected body of the primary trade union organization.

Now the salary is less than two years ago, although the teams have been reduced and the volumes are the same, they require quality and speed, all the equipment is old, the shop manager has also become the head of the trade union.

2) decide to dismiss the old chairman due to his corruption to the employer 3) choose a new chairman 1.

At the trade union committee, you make a decision to convene an extraordinary conference (be sure to record this decision in the minutes of the trade union committee). Set a date for the conference. 2. Hold meetings in trade union groups and elect delegates to this conference.

Prepare mandates that delegates will give 3.

The conference is considered legitimate if at least 2/3 of the elected delegates are present. 4. If everything is fine, before the start of the conference, the chairman of the conference, the secretary, the counting commission (at least 3 people), and the credentials commission are elected. 5. The Credentials Committee informs delegates about the number of people present and the existing (or not available) quorum.

Next is the agenda. The decision is made by a simple majority (50% 1)

For more details, see the materials of the Personnel System in answer No. 1.

Therefore, it is necessary to analyze the provisions of the charter of the primary trade union organization on the issue of the grounds and procedure for termination of powers and re-election of the chairman of the trade union organization. The organization may also develop a Regulation on the primary trade union organization, which is also developed in accordance with the Charter. Question 3.

If a general meeting is not held on the initiative of the trade union committee, the trade union committee must be notified in writing by the initiators of the general meeting about the date of its holding and the agenda at least two weeks before the date of its holding.

6.4. The general meeting of the Primary trade union organization is considered legitimate if more than half of the members of the Primary trade union organization take part in it. Decisions of the general meeting are made, as a rule, by a simple majority of those present, unless otherwise provided by the Charter or current 6.5.

The general meeting of the Primary Trade Union Organization has the authority to make decisions on any issues of the activities of the Primary Trade Union Organization. The competence of the General Meeting of the Primary Trade Union Organization includes: 6.5.1. 6.5.2.

In its activities, the primary trade union organization is guided by the Charter of the trade union, the Law of the Russian Federation “On trade unions, their rights and guarantees of activity”, current legislation, and regulations.

The main goals of the trade union are the representation and protection of the social and labor rights and professional interests of members. The work of the trade union committee was aimed at: - ensuring the protection of the rights of each trade union member; — creation of good working and rest conditions for trade union members. - so that everyone feels part of a cohesive organization. There are currently 23 people registered with the trade union organization of our preschool educational institution.

Total percentage of coverage by trade union membership in preschool educational institutions Applications for withdrawal from trade union membership over the last three years During the period 2013 - 2014, 4 people were accepted into the trade union.

Heard: about the election of the chairman of the primary trade union organization (all candidates and the procedure for electing the chairman of the primary trade union organization, the results of the vote “for”, “against”, “abstained”) are considered and entered into the protocol.

If the meeting - the election of the chairman was held in a closed (secret) manner, then the minutes make reference to protocols No. 1, 2 of the counting commission, which are attached to the minutes of the meeting. In the case of a closed (secret) meeting, the minutes of the meeting shall indicate: 4.

Heard: about the election of the counting commission of the meeting in the number of ___ people, personally__________ 5.

We suggest you familiarize yourself with how many days before the end of compulsory motor liability insurance you can renew your insurance: is it possible to issue a policy in advance?

Listened: about the elections of the trade union committee.

(reflects the nomination of candidates, the procedure for election and election). Resolved: to elect the following trade union members to the trade union committee: ______________ (full name)

Election of a labor protection commissioner in the primary trade union organization.

7. Elections of the audit commission of the primary trade union organization.

Do you have any suggestions or comments on the agenda? No. Who is in favor of approving the proposed agenda, please?

The floor for the report on the work of the trade union committee for the period from 03/22/12 to 04/01/14 is given to the chairman of the primary trade union organization Tatyana Aleksandrovna Tishchenko.

Report on the work of the trade union committee. (report 4 p.

attached) According to the report of the trade union committee, the following spoke in the debate: A proposal was made to recognize the work of the trade union committee as satisfactory.

The employer issued an order to reduce staff for reasons related to the economic inexpediency of maintaining the position in the Company's structure, and familiarized the employee whose position was being reduced with it.

Two months before the staff reduction measures, the trade union, the Employment Center and the employee were notified of the possible termination of the contract due to a reduction in the position held; for the entire two-month period, the employee was offered all the vacancies available to the employer that the employee could occupy taking into account his qualifications and health status.

As a result, the employer received the consent of the higher trade union organization to terminate the employment contract with the employee. Two weeks before the expected date of termination of the employment contract, the employee leaves the trade union that agreed to the dismissal and joins the newly created primary trade union organization, where he again becomes deputy chairman.

A request for dismissal of the head of a primary trade union organization (if there is no higher authority) is carried out in accordance with Article 25 of the Federal Law, which defines the rights and guarantees of the activities of trade union organizations. This article says that the employer’s initiative to dismiss the chairman of the primary trade union body (the same applies to his deputies) is implemented in the usual manner provided for by the Russian Labor Code.

The dismissal procedure is determined by Article 374−1 of the code, or rather, its first part:

1. You can dismiss both the chairman of the elected primary collegial body and the person who heads the structural unit, at the initiative of the employer. In this case, you should be guided by Part 2, 3 or 5 of Article 81 of this code.
2. If the procedure is not carried out according to the general procedure, this can only be done with the consent of a higher trade union body.
3. One of the grounds for terminating a contract is dismissal due to a reduction in the organization's staff or a reduction in the number of employees (Part 2 of Article 81).

It is very important to make the right decision and consider the guarantees that employees have, as well as warn them about upcoming changes two months before they come into force.

To recognize the legality of dismissal, it is very important to comply with the requirements set out in Article 179−1 of the Russian Labor Code. It states that when staff are made redundant, the advantage of being retained goes to those employees who have the highest qualifications and productivity.

Previously, it was impossible to dismiss the chairman of a primary union without the consent of a higher trade union body. Otherwise, he could easily challenge the decision in court and receive not only his position back, but also substantial compensation, including for moral damage.

Despite this, the motivated opinion of the trade union must still be taken into account.

After this, the trade union committee is given 7 days to draw up a response. He must put his motivated opinion in writing and send a response to the employer.

Eventually:

1. If the union agrees, the organization can safely dismiss the chairman one month after the date of receipt of the response.
2. If there is disagreement expressed by a higher organization, the union must hold the necessary consultations within 3 days.

The results of these consultations are presented in the form of a protocol. If agreement has not been reached, then 10 days after the dismissal order was sent to a higher trade union organization, it can be approved without taking into account its opinion. However, she can complain about the employer not only to the labor inspectorate, but also to the court.

The procedure for dismissal at the own request of the trade union chairman

My question is whether the employer must first coordinate the dismissal with the higher-level trade union, and only after that serve notice of the layoff, or can he do this in any order.

I have a question: should the employer first coordinate the dismissal with the superior trade union, and only after that hand over a notice of layoff, or can he do this in any order? Dismissal on the grounds provided for in paragraph 2 or 3 of part one of Article 81 of the Code, managers (their deputies) ) elected collegial bodies of primary trade union organizations, elected collegial bodies of trade union organizations of structural divisions of organizations (not lower than shop floors and equivalent to them), not exempt from the main job, is allowed, in addition to the general procedure for dismissal, only with the prior consent of the relevant higher elective within seven working days from the date Having received from the employer a draft order and copies of documents that are the basis for making a decision to dismiss on the grounds provided for in paragraph 2 or 3 of part one of Article 81 of the Code, an employee from among the workers specified in part one of this article, the relevant higher elected trade union body considers this issue and submits in writing to the employer his decision on agreement or disagreement with this, has the right to dismiss without taking into account the decision of the relevant higher elected trade union body if such a decision is not submitted within the prescribed period or if the decision of the relevant higher elective trade union body on disagreement with this dismissal is recognized by the court unfounded on the basis of the application of the specified procedure does not deprive the employee or the relevant elected trade union body representing his interests of the right to appeal to the court the decision made by the employer on this dismissal.

Do they have the right to dismiss the chairman of a primary trade union organization?

A judicial review of the legality of a decision of a trade union body comes down to determining whether the given trade union body is competent to exercise this power, whether the decision was made collectively by its proper composition in the manner prescribed by law. Consequently, the requirement to obtain the prior consent of the trade union body for the dismissal of an employee who is a member of the trade union body and is not released from his main job means that in fact the question of the validity of termination, at the initiative of the employer, of an employment contract with such an employee who has committed a disciplinary offense is not decided by the court, but a trade union body representing the interests of only one side in the dispute.

Considering the complaint, the Constitutional Court of the Russian Federation noted that Art. 374 of the Labor Code of the Russian Federation, in the part disputed by Shipbuilding OJSC, reproduces the provision of Part 2 of Art. 235 of the Labor Code of the Russian Federation, which provided that dismissal at the initiative of the administration of workers elected to trade union bodies and not released from production work is allowed, in addition to observing the general procedure for dismissal, only with the prior consent of the trade union body of which they are members, trade unionists - the corresponding elected trade union body divisions of the enterprise, institution, organization (in its absence - the corresponding elected trade union body at the enterprise, institution, organization). And for the dismissal of chairmen and members of elected trade union bodies at an enterprise, institution, organization and trade union organizers, it was necessary to obtain the prior consent of the relevant association of trade unions.

In Resolution No. 3-P of January 24, 2002, the Constitutional Court of the Russian Federation came to the conclusion that Art. 235 of the Labor Code of the Russian Federation contradicted the Constitution of the Russian Federation to the extent that it did not allow, without the prior consent of the relevant trade union bodies, the dismissal of workers who are members of trade union bodies and are not exempt from their main work, in cases of committing disciplinary offenses, which, in accordance with the law, are grounds for termination of an employment contract with them at the initiative of the employer. The prohibition established by the Labor Code on the dismissal of an employee who has committed an unlawful act, which is a legal basis for termination of an employment contract at the initiative of the employer, represents a disproportionate restriction of the rights of the employer as a party to the employment contract and at the same time as an economic entity and owner.

As the Constitutional Court of the Russian Federation repeated in its Determination No. 1369-O-P dated November 3, 2009, such legal regulation represents a disproportionate restriction of the rights of the employer as a party to the employment contract and at the same time as a subject of economic activity and owner.

The court indicated that this restriction is not due to the need to protect the rights and freedoms enshrined in Art. Art. 30, 37 and 38 of the Constitution of the Russian Federation, violates freedom of economic (entrepreneurial) activity, property rights, distorts the essence of the principle of freedom of labor and, therefore, contradicts the requirements of Art. Art. 8, 34, 35, 37 and 55 of the Constitution of the Russian Federation.

Norm Art. 374 of the Labor Code of the Russian Federation provides employees who are members of trade union bodies and are not exempt from their main jobs with unjustified advantages over other employees. In addition, it creates the possibility of abuse of rights, which is incompatible with the provisions of Art. 19 of the Constitution of the Russian Federation on the equality of all before the law and the court and on guarantees of equality of rights and freedoms of man and citizen.

So, the Constitutional Court of the Russian Federation, by its decision in the form of a Determination, confirms that the provision of Part 1 of Art. 374 of the Labor Code of the Russian Federation, according to which dismissal at the initiative of the employer in accordance with paragraph 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, managers (their deputies) of elected collegial bodies of primary trade union organizations, elected collegial bodies of trade union organizations of structural divisions of organizations (not lower than shop floors and equivalent to them) who are not released from their main work are allowed, in addition to the general procedure for dismissal, only with the prior consent of the relevant superior elected trade union body, is inconsistent with the Constitution of the Russian Federation, is subject to cancellation and cannot be applied by courts, other bodies and officials.

T.Yu. Komissarova

Journal expert

"Human Resources Department

commercial organization"

Union and dismissal

The employee was fired under clause.

5 part 1. Art. 81 Labor Code (disciplinary sanction - dismissal). Deputy employee head of the primary trade union. Everything is as it should be - before dismissal, 2 reprimands - also properly drawn up: reports, acts, explanatory notes, orders.

When dismissing an employee who is a member of the elected collegial body of a trade union organization under this article, the consent of a higher trade union was previously required, but the Decree of the Constitutional Court of the Russian Federation dated 03. Article 373 of the Labor Code of the Russian Federation provides for the following procedure for terminating an employment contract with a trade union member at the initiative of the employer. The original letter remains with the trade union body, and a note is placed on the copy stating that the package of documents was accepted on such and such a date.

Coordination of dismissal with the trade union

You are here “Personnel Officer.

Personnel records management", 2013, N 1 AGREEMENT OF DISMISSAL WITH THE TRADE UNION The author examines the procedure for agreeing with the trade union on the dismissal of employees on a number of grounds, paying special attention to the peculiarities of dismissal due to staff reduction, including the heads of the trade union organization. Dictionary of personnel records management. A trade union is a voluntary public association of citizens bound by common production and professional interests in the nature of their activities, created for the purpose of representing and protecting their social and labor rights and interests (Article

2 of the Federal Law of January 12, 1996 N 10-FZ

“On trade unions, their rights and guarantees of activity”

). In recent years, there has been a false impression that the role and importance of the trade union as a defender of the rights and interests of workers has noticeably decreased.

However, it is enough just to carefully study the Labor Code of the Russian Federation to be convinced of the opposite.

A number of articles directly indicate the need to take into account the opinion of the trade union in certain cases.

At the same time, the list of issues resolved by the employer taking into account the opinion of the trade union body or using another form of employee participation in the management of organizations, for example, joint adoption of issues or agreement on them, can be expanded by a collective agreement or agreement (Part 3 of Article 8 of the Labor Code of the Russian Federation). Violation of these agreements entails the invalidity of the employer’s decision. We set the task in this article to consider only the participation of a trade union in cases of termination of an employment contract with different categories of workers.

From the point of view of legislation on guarantees of observance of labor rights, persons engaged in trade union activities can be divided into several groups: 1) members of elected collegial bodies of trade union organizations who are not exempt from their main work; 2) exempt trade union workers; 3) former members of the elected trade union body; 4) employees participating in collective bargaining; 5) employees participating in the settlement of a collective labor dispute;

The trade union helped: the court reinstated the illegally dismissed trade union committee chairman

In any team, conflicts occur between the manager and one of the subordinates, but increasingly, as trade union legal inspectors state, they are based on...

And leaders do not strive to turn things around in such a way that the consequences of disagreements are minimal. The court, as a rule, puts an end to such stories. Consequences of disagreements The story of Minsk resident Valentina Petrovna is indicative in this regard.

Since July 2008, she worked as a secretary-assistant at one of the private enterprises of the capital.

She worked successfully, had no complaints about her work from her employer, was respected by the team, and actively participated in all public affairs. That is why in February 2015 she was elected by the labor collective to the position of chairman of the primary trade union organization, despite her age approaching retirement. The employer periodically extended the employment contract with the employee: first for 2 years, then for a year.

The latter expired on July 13, 2020. Valentina Petrovna, as befits the chairman of the trade union committee, actively defended the interests of the team, which is why conflicts began with the acting director. The consequences of the disagreement were not long in coming: one day the employer decided not to renew the contract with Valentina, despite the fact that the company’s personnel service provided him with reports and explanatory notes on the need to extend the term of the employment contract.

The Republican Council of the Trade Union of Workers of Various Forms of Entrepreneurship “Sadruzhnasts”, which includes the primary organization of the mentioned private enterprise, acting. The director sent a notice that the employment relationship with Valentina Petrovna would be terminated due to the expiration of the contract. However, they did not agree with the position of the manager, because the termination of employment relations with the chairman of the trade union committee is not only a violation of the collective agreement of the organization (this document stipulates that the employer undertakes to enter into a contract with the employee elected as the chairman of the trade union committee for a period not less than the term of his elective powers)

Trade union and 10 nuances of dismissal

ru/cons/cgi/online. cgi? reg=doc;base=SOJ;n=603056;div=LAW;mb=LAW;opt=1;ts=1C8B8BCCE4873404AD685AAD69B75854;rnd=0.09284614701755345.

Question: What to do if by the time of dismissal the one month period has already expired? Renegotiate? https://base. consultant ru/cons/cgi/online.

cgi? req=doc;base=SOJ;n=284847;div=LAW;mb=LAW;opt=1;ts=1C8B8BCCE4873404AD685AAD69B75854;rnd=0.7240743099246174. A similar decision awaits an employer who fired an employee, but let’s assume a document expressing the union’s positive opinion on the dismissal, indicating the deadline for its preparation. lost. https://base. consultant

ru/cons/cgi/online. cgi? req=doc;base=SOJ;n =601039;div=LAW;mb=LAW;opt=1;ts=1C8B8BCCE4873404AD685AAD69B75854;rnd=0.7267515282146633.

If the trade union has not submitted its opinion within seven days from the date of receipt of the draft order (working days are taken into account) or has not motivated it, the dismissal of the employee without taking into account the opinion of the trade union is considered legal. Rationale.

Some nuances

If the employer has decided to conduct certification, which may subsequently become the basis for the dismissal of the trade union chairman, he assembles a certification commission. Without exception, this commission must include a representative of a higher trade union organization. This is a guarantee of the absence of any fraud or fraud on the part of the employer.

Also, certification necessarily requires the drawing up of a local act, which records the opinion of the trade union.

If more than a month has passed after a reasoned opinion was received with the union's approval of the dismissal, the manager cannot be fired. Everything will have to be done again. Without this, the procedure will be easily challenged in court.

Dismissal of the trade union chairman at his own request

I heard that upon dismissal.

. a pensioner at his own request... the union pays with three salaries. Is it so? ) When dismissing, it is necessary to consider the guarantees available to employees and make the right decision.

However, according to the chairman of the primary MPRA in the Leningrad region, Ford worker Igor Temchenko.

we should talk about a “typical contraction”. “Such measures,” says the trade union leader, “lead to the fact that those fired are not included in the unemployment statistics. But this does not change the essence.

The position of the trade union is clear: the funds that the employer spends on “payoffs” should be used to overcome the crisis that we are constantly being told about. Recruitment. Procedure for refusing to hire. Changing the wage system.

Adjustment of staffing. Qualification confirmation procedure.

Improvement of employee qualifications in accordance with professional standards.

Organization of employee training in case of non-compliance with professional standards. The procedure for transferring an employee to another position or terminating an employment contract based on the results of the assessment. In this case, the day of filing the application is considered the day it was sent by the employee.

Thus, the legislator tried to protect the rights of an employee in the event that the employer refuses to register his resignation letter. The management, according to call center employee Artem Pogodin, refused and began threatening dissenting operators with deprivation of their bonus.

For this purpose, they even invited two psychologists who conducted personal conversations with the staff. In rural schools, not many teachers have a teaching load exceeding 18 hours a week, and the majority do not even reach 18, as stipulated by the Russian Government decree on the wage rate.

Yurkin, who headed the organization until January 2005, became the Chairman of the Atom Trade Union. With this, the first reading was completed, the deadline for submitting proposals for amendments to the bill was April 3 at 16.00, which was set by vice-chairman Laine Randjärv. 81 Labor Code of the Russian Federation. 09/22/2014 Logushev A.N.

was elected chairman of the PPO on an exempt basis, and appealed to the employer with a statement to dismiss him in connection with the transition to an elective position.

The procedure for dismissing the chairman of the trade union committee in Belarus

All judges in Belarus are appointed and dismissed by President Lukashenko, and therefore their tenure is not guaranteed, which effectively deprives judges of independence, contrary to the provision of Article 110 of the Constitution on the independence of judges.

Lawyers report to the Ministry of Justice and are required to be members of the state-controlled Bar Association. The report of the UN Special Rapporteur on the independence of judges and lawyers states:

“The system of administration of justice with all its institutions, namely the courts, the prosecutor’s office and the bar, is compromised and is not perceived as independent and independent, which violates the principle of the rule of law.”

.** **From the report of the UN Special Rapporteur on the independence of judges and lawyers, Dato Param Coomaraswamy, submitted pursuant to commission resolution 2000/42. Leonid Kozik was elected chairman of the FPB in the summer of 2002.

Before that, he held a number of senior positions in the authorities of the Belarusian government and the Union State of Belarus and Russia, and worked as deputy head of the Presidential Administration.

Attention In case of its absence or refusal to fulfill it, the employee is warned in writing no later than two months in advance.

When dismissing, it is necessary to consider the guarantees available to employees and make the right decision. Dismissal will be recognized as legal if the requirements of Article 179 of the Labor Code of the Russian Federation are met, which states that when the number or staff of employees is reduced, the preferential right to remain at work is given to employees with higher labor productivity and qualifications. Info M|╩┘╚bn┌(]ep▓⌡╔z>▄e>

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How to fire the chairman of a trade union committee

Could he be a trade unionist? 1 answer. Moscow Viewed 106 times.

Asked 2011-06-15 12:58:33 +0400 in the subject “Labor Law” Refusal from the primary trade union organization?

— Refusal of the trade union primary organization. more 1 answer. Moscow Viewed 216 times. Asked 2012-01-06 11:02:39 +0400 in the topic “Labor Law” Does a non-union member have the right to attend a trade union meeting?

— Does a non-member of a trade union have the right to attend a trade union meeting? Sverdlovsk regional organization of the trade union of workers in the construction and building materials industry of the Russian Federation Since 1967, Kostina T.I.

worked at OJSC Trest Stroymekhanizatsiya No. 2, most recently as an engineer and was the chairman of the primary trade union organization of the enterprise. During the entire time she worked at this enterprise, she conscientiously fulfilled her labor duties and actively defended the labor rights of union members, as evidenced by many incentives for many years of work.

The procedure for taking into account the opinion of the elected trade union body upon dismissal

In case of disagreement with the opinion of the trade union body, the administration has the right to make a final decision and dismiss the employee.

The trade union body receives the right to appeal the employer’s actions to the State Labor Inspectorate.

Within ten days after receiving a complaint from the trade union body, the inspectorate sends a binding order to the employer to reinstate the illegally dismissed employee and pay him compensation for forced absence. According to the law, a dismissed employee has the right to appeal to the judicial authorities with a request to cancel the order of dismissal and reinstatement. Or about a change in the order of the grounds for dismissal.

The same right remains with the employer if he does not agree with the decision of the State Labor Inspectorate. According to

Registration of a change in the head of a trade union organization

A trade union organization is an association of persons on a voluntary basis who are associated with production and professional activities.

The purpose of creating such a community is to protect social and labor rights and interests, and resolve industrial disputes. The activities of trade unions are subject to the legislation of the Russian Federation. Everyone who joins a trade union becomes a member of the trade union and can count on all the guarantees and rights prescribed in the charter of the trade union.

If there is a change in management, within 10 days from the date of signing the order, affairs must be transferred from the previous manager to the new one. It is absolutely impossible to delay collecting documents to make changes in the state register.

The procedure for dismissal at the own request of the trade union chairman

Date of registration: 07/13/2015 The Charter of the trade union organization states that the governing bodies of the Trade Union are: - Trade Union Committee of the Trade Union - Chairman of the Trade Union Committee of the Trade Union (Chairman of the Trade Union).

Registration date: 02/09/2015 What to do in this situation?

Is it possible to fire an employee, or should we wait for approval, cancel the order and reschedule the date? In the absence of such a body, the dismissal of these employees is carried out in compliance with the procedure established by Art.

The procedure for dismissing the chairman of the trade union committee in Belarus

As of: A trade union is a voluntary matter, and anyone can join it. Moreover, most often citizens belong to trade unions, being employees of specific companies.

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Moreover, labor legislation pays special attention to such exempt trade union workers, defining the procedure for election to a position, their rights and obligations, as well as providing additional guarantees. Employees elected to an elective position in the elected body of the primary trade union organization may be exempt from performing their duties under previous job. WATCH THE VIDEO ON THE TOPIC: New Chairman of the VSMPO Trade Union Committee Filling out the minutes of the trade union meeting As of: The trade union is a voluntary matter, and anyone can join it.

Moreover, most often citizens belong to trade unions, being employees of specific companies. Moreover, labor legislation pays special attention to such exempt trade union workers, defining the procedure for election to a position, their rights and obligations, as well as providing additional guarantees. Employees elected to an elective position in the elected body of the primary trade union organization may be exempt from performing their duties under previous job. Such persons have labor guarantees established by Art.

Guarantees for trade union workers who are not exempt from their main jobs are provided for in Art.

In such circumstances, the employment contract is terminated under clause. The basis for the emergence of labor relations is the employment contract. In this case, according to paragraph. At the same time, by virtue of Art. From the contents of Art. In our case, labor relations arise on the basis of an employment contract as a result of election to a position provided for in the staffing table of the trade union organization.

An employment contract must be concluded with an exempt union worker. Since we are talking about election for a certain period to an elected body or to an elective position for paid work in public associations, which include trade unions, a fixed-term employment contract must be concluded for the period of election of a trade union worker to the corresponding position.

Dismissal of the chairman of the HOA

In this situation, the HOA acts as the employer. An organization, when appointing a person to the post of chairman, enters into an employment contract with him for a period of up to two years. If a citizen decides to leave the post of his own free will, then the contract with him may be terminated early. To do this you need:

• notify the responsible person in advance of your desire to leave. To do this you need to fill out an application. There is no single template established at the legislative level, which makes it possible to draw up a document in free form. In the application itself, it is necessary to indicate the position of the person and the name of the HOA to which the application will be sent, as well as the full name and home address of the applicant. Next, the request for termination of the employment contract and the date of the desired departure must be indicated. At the end of the document there must be the date of its preparation and the signature of the applicant. The document must be handed over to the person in charge 2 weeks before dismissal. The application can be submitted in person or by mail;
• The chairman of the HOA board gets acquainted with the document and, on its basis, issues an order of dismissal. It must be familiarized to the employee against his signature. If a person refuses to sign a document, then the responsible person is obliged to read out its contents in the presence of witnesses and draw up an act of refusal;

• All necessary documents are prepared.

On the last day, a full settlement must be made with the chairman, including the payment of the entire amount of money required by law and other agreements signed between the parties. A completed work book must be issued on the same day. If the HOA does not have a personnel department, then a passport officer or accountant can make an entry into the labor record. After full settlement, the employment contract is considered completely terminated.

Dismissal of the chairman of SNT

The Chairman of the SNT is a voluntary elected position. Leaving it at your own request should not be limited and is subject to Art. 80 Labor Code of the Russian Federation. There are a number of restrictions on the time frame for dismissal, since it will take a working week to appoint a new chairman and register him in the Unified State Register of Individual Entrepreneurs and other registers. The entire dismissal process:

• filling out an application;
• gathering members and choosing a new chairman on a permanent or temporary basis;
• preparation of new partnership documents and registration;
• transfer of responsibilities and resignation of the previous chairman.

All processes in the partnership are decided through voting and convening of members. The main nuance will be to quickly find a new chairman, who will be nominated and voted on. The former chairman cannot be detained.

Dismissal of the trade union chairman

The chairman of the trade union is dismissed in accordance with the regulations of this organization, which should not contradict the law. Dismissal at one's own request is enshrined in labor law. The only points here are increased requirements for the transfer of cases, including documents and property. That is, if the resigning person can transfer all matters to the selected receiver, then he will not be able to be detained in his position.

As in other cases, after receiving the application, the council must meet and nominate a new candidate. Warning the council in advance is required only if there is a clause in the regulations and rules of the organization. In all other cases, the work period reaches a maximum of two weeks before the selection of a new chairman.