Notification registration of a collective agreement

Collective agreement: general provisions

Collective agreement is the name of agreements of a separate group. The main focus of this type of paper is to ensure the interests of employees and employers equally. This is necessary when establishing labor relations. The document is classified as local regulatory acts of organizations. All specified rights and freedoms valid for participants are guaranteed and respected.

The Labor Code of the Russian Federation is the main standard on which they rely when drawing up documentation. A number of special procedures related to this area are described in Chapter 7 of the Labor Code of the Russian Federation. This is an obligation of both subordinates and representatives of the management apparatus. One of these mandatory procedures is the conclusion of collective agreements.

The purposes of the paper will be as follows:

Draw the attention of representatives of the management apparatus to aspects of work that raise the most questions.
Securing provisions that give employees certain rights.
Establishing connections between the responsibilities of subordinates and remuneration for work.

Article 5 of the Labor Code of the Russian Federation also describes some of the issues in this direction. Collective agreements, according to this article, are a new source of law by which relations are regulated.

The document is drawn up not only by company managers and persons employed there. A similar decision is made by individual entrepreneurs who have become employers for a certain number of entities.

If one of the participants is a legal entity, registration can take place not only at the main office. The use of separate units is acceptable. The chief executive officer in such situations is an authorized entity that fulfills the requirements of Article 33 of the Labor Code of the Russian Federation.

There is no clear requirement for collective agreements in the laws. The right to conclusion for a manager is described in Articles 21-22 of the Labor Code of the Russian Federation.

Article 36 of the Labor Code of the Russian Federation fixes the following provisions for securities:

Paperwork is the responsibility of the commission. It is collected specifically for this occasion. The commission is also responsible for regulating certain disputes between the parties. Its members have the right to make proposals to change the document. For example, when disagreements arise.
If one of the parties wishes to formalize an agreement, the other must be ready to discuss this issue, after a maximum of seven days. The second participant sends a written response to the one who became the initiator. It describes the representatives who can take part in the negotiations.
Anyone has the right to become an initiator. Notification in writing is an obligation.

No more than three months later, the final signing and registration is carried out. This is done after the main discussions have been completed. If the signing period is violated, the parties will not be held accountable. But the labor inspectorate can most likely organize on-site inspections.

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The procedure for adopting a collective agreement

Question

Do the members of the collective dispute commission maintain their salaries at their main place of work and how often can workers’ conferences be held? What is the procedure for adopting a collective agreement?

Answer

In accordance with Art. 39 of the Labor Code of the Russian Federation, persons who participate in collective bargaining are released from their main job while maintaining their average earnings for a period determined by agreement of the parties, but not more than three months.

The procedure for conducting collective bargaining: the number of meetings, their frequency, the sequence of discussion of issues, the procedure for inviting specialists and experts, timing and location, etc. (Article 37 of the Labor Code), as well as the procedure for approving a collective agreement (Article 42 of the Labor Code) are determined by the commission.

There are no restrictions on the number of “conferences” established by law.

The procedure for concluding a collective agreement

1. Proposal to start collective bargaining

By virtue of Part 1 of Art. 36 of the Labor Code of the Russian Federation, representatives of workers and employers participate in collective negotiations on the preparation, conclusion or amendment of a collective agreement, agreement and have the right to take the initiative to conduct such negotiations. Both employees and the employer can take the initiative.

Representatives of a party who have received a proposal in writing to begin collective negotiations are required to enter into negotiations within seven calendar days from the date of its receipt (Part 2 of Article 36 of the Labor Code of the Russian Federation).

2. Collective bargaining

The timing, place and procedure for holding collective negotiations are determined by representatives of the parties participating in the negotiations (Part 9 of Article 37 of the Labor Code of the Russian Federation).

The legislation does not establish strict requirements for collective bargaining. At the same time, according to Part 2 of Art. 40 of the Labor Code of the Russian Federation, the parties must sign a collective agreement within three months from the date of the start of negotiations. To conduct collective negotiations, a commission is formed, which must develop a draft collective agreement.

The information necessary for the development of a collective agreement is provided by the parties no later than two weeks from the date of receipt of the relevant request (Part 7, Article 37 of the Labor Code of the Russian Federation). Such a request should be made in writing in two copies, so that the fact of receipt of this document is recorded on the second.

To release employees from work in connection with their participation in collective bargaining, the employer must issue an appropriate order. It must indicate the employees who are exempt from work, as well as the period of such exemption. Despite the fact that collective bargaining involves persons representing the interests of both employees and the employer, all participants in collective bargaining are exempt from work.

The order is drawn up in any form, signed by the head of the organization and brought to the attention of employees against signature.

In the working time sheet, the days when workers are released from work in connection with participation in collective bargaining are marked with the letter “G” or number 23

Conclusion of a collective agreement

1. Resolution of disagreements when drawing up a draft collective agreement

In the process of drawing up a draft collective agreement, the parties may have disagreements on certain provisions of the future agreement.

Part 2 Art. 40 of the Labor Code of the Russian Federation obliges to sign a collective agreement within three months from the date of the start of collective negotiations. If the parties have not reached agreement on all or individual issues, a protocol of disagreements is drawn up (Article 38 of the Labor Code of the Russian Federation). Disagreements contained in such a document may be the subject of further collective negotiations (Part 3 of Article 40 of the Labor Code of the Russian Federation).

2. Signing of a collective agreement

After the draft collective agreement has been agreed upon by the parties, it is signed by representatives of the employer and employees. The right to sign a collective agreement on the part of the employer has the head of the organization or a person authorized by him to do so. On the part of the employees, the agreement is signed by the chairman of the trade union organization or another representative elected at the general meeting (conference) by secret ballot.

3. Registration of a collective agreement

The collective agreement must be sent by the employer (his representative) for notification registration to the relevant labor authority within seven days from the date of signing (Part 1 of Article 50 of the Labor Code of the Russian Federation).

The body that carries out such registration is determined at the level of the constituent entities of the Russian Federation. Thus, in Moscow, the registration of collective agreements is carried out by the Department of Labor and Social Protection of the Population of the City of Moscow (clause 4, 4.15 of the Regulations on the Department of Labor and Social Protection of the Population of the City of Moscow, approved by Decree of the Moscow Government dated 09/08/2015 N 566-PP) .

Applications

Guide to HR issues_ Collective agreement (557 kB)
Form Letter with a response to the proposal to start collective meetings (24 kB)
Form Proposal to start collective bargaining (image (24 kB)
Form Order on release from work due to preparation (27 kB)

Registration of a collective agreement: a necessity

The purposes of formalizing such agreements are not described by current laws.

But the initiating party can solve the following problems:

Creating clear boundaries in relationships.
Fixing the conditions under which money is transferred. This creates incentives for employees to increase the quality and quantity of goods. They write about additional incentives for achieving results. The main goal is to create high quality products.
Recording information that the director of the company must finance the work of the mechanisms through which results are achieved.
Organizing a remuneration procedure that is fairly fair and equitable.
Strengthening the system related to social protection of the population.
Separate recording of the need to insure employees and undergo other similar procedures.

This is an approximate list of tasks; not all the nuances are described in it. Many enterprises have a whole system with provisions, enshrined in collective agreements. Thanks to this, many issues and disputes that arise during work are resolved easily and quickly.

Article 50 of the Labor Code of the Russian Federation is another standard that can be relied upon. It talks about mandatory registration for collective agreements with the participation of authorized bodies. Referral for registration is the responsibility of the employer or deputy. Within 7 days, the authorities must send a response to the appeal.

Laws do not strictly control the reasons for which refusal to consider is permissible. Registration is likely to be suspended in the event of a serious violation of current regulations related to the problem. The procedure is stopped until the identified deficiencies are corrected.

Deadlines

According to current legislation, collective agreements are subject to mandatory registration within 7 days after its signing.

After the specified period has expired, the employee receives a notification about successful registration or refusal of registration. It is worth noting that despite the fact that a collective agreement should not infringe on the rights of employees, the presence of illegal conditions cannot become a basis for refusal of registration. Such conditions are simply recognized as invalid (void) and are not applied in practice.

Additional Tips

Before registration, the following advice is given when registering:

Systematization of available information as clearly as possible. The main provisions must be stated clearly.
Elimination of minor aspects, elimination of positions that have become relevant.
It is necessary to eliminate all positions due to which the rights of employees may be violated or worsened.
It is important to ensure that the provisions of the document form a system and are executed as expected. If certain circumstances occur, they provide legal assistance, support, and consultations.
It is permissible to involve employees of third-party companies in the future to assess the current conditions.

Sometimes applications are not completed, but the author of the document agrees with such a decision. The issue is also resolved with the participation of higher-level employees.

Collective agreements: design features

The first step involves developing a draft agreement. That is, they are developing a project. There are no clear rules regarding its content and form. But they highlight general requirements for such documentation, simplifying the registration process.

It is recommended to draw up agreements that include the following information:

The name of the paper, with an addition in the form of a number, the exact day of compilation.
Full names of each participant participating in the interaction.
A description of the obligations that bind both parties because of the relationship between them.
Conditions associated with the adjustment of activities.
Mention of additional benefits and guarantees introduced for employees. The grounds on which they are represented.
Occupational safety conditions observed by both participants.
Conditions related to ensuring social life for employees.
Description of the conditions for ensuring activities for trade unions.

You can enter other information if it is important for a particular industry. A protocol of disagreements is drawn up for situations where the parties cannot come to an agreement on a particular issue.

List of documents to resolve the issue

To register a collective agreement, a participant will need:

Copies of documents on the powers of persons. For a manager, this is the minutes of the founders’ meeting where a decision was made. Representatives of trade unions need an extract from the minutes of the meeting of the labor collective.
Three copies of the final version. Firmware and numbering are required for each copy. The number of sheets included in the agreement is indicated separately. An employee of the structure fills in the columns “Seal”, “Authority that carried out the registration”, “Date of registration”, “Registration number”.
The signature of officials and a wet stamp are placed on each copy.
Conducting collective bargaining if necessary.

The parties, on an equal basis, form a special commission from their representatives, whose responsibilities include resolving several issues:

Regulation of relations in the social and labor sphere.
Preparation of a draft agreement.
Conducting collective bargaining.

Participants in the relationship make separate decisions on the following areas:

Composition of the commission.
Timing of negotiations.
Location.
Agenda.

The decision is recorded in writing - for this purpose a protocol is drawn up, the form of which is without special requirements. An extract from the protocol refers to documents confirming the powers of the trade union.

Where is the collective agreement registered?

In accordance with the law, registration of a collective agreement is carried out by a special labor body:

Intersectoral and sectoral partnership agreements at the federal level are registered by federal executive authorities responsible for the implementation of labor laws.
Collective agreements at the regional and territorial levels are registered by executive authorities of the constituent entities of the Russian Federation.

Important! Where a collective agreement is registered is sometimes determined by regional law. Even local governments can be vested with such powers. Therefore, it is recommended to check the location of registration of collective agreements in the city where the company is located.

About employee representatives

Article 29 of the Labor Code of the Russian Federation says that this role can be performed by the following persons:

Primary trade union organizations.
Other representatives separately elected by employees.

The second option is acceptable if workers have not united in primary trade union organizations. Or when such an option is developed, but includes less than half of the citizens interested in the solution.

It is permissible to hold special conferences to select a representative if there are a lot of employees at the enterprise. Such events are recognized as eligible only if at least two thirds of the elected delegates are present.

The results of any general meetings are confirmed by the minutes.

Once a representative or delegate is selected, a proposal to conduct collective bargaining is sent to the employer. This is reported to all trade union organizations associated with the company.

The Laws do not provide clear guidance as to what form such notifications should take. Be sure to write in the document about the negotiations and participants, dates, and describe other personal information.

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Commentary on Article 50 of the Labor Code of the Russian Federation

Collective bargaining agreements and agreements, in accordance with the commented article, must be sent by the employer or the employer’s representative for notification registration to the relevant labor authority within seven days from the date of their signing. And although the entry into force of a collective agreement does not depend on the fact of notification registration, it is mandatory. The same deadlines have been established for the registration of collective agreements and agreements. Its goal is to obtain specific and reliable information about their number, the reasons preventing their conclusion, and timely adoption of measures to eliminate them.

During the registration process, the most important control function of the relevant executive authority is realized - to identify in collective agreements and agreements conditions that worsen the situation of workers in comparison with labor legislation and other regulatory legal acts containing labor law norms, and to report this to representatives of the parties who signed the collective agreement, agreement, as well as to the relevant state labor inspectorate, which can issue an order to eliminate violations of labor rights.

The terms of collective agreements and agreements that worsen the situation of workers are considered invalid and cannot be applied.

Familiarization of labor registration authorities with the contents of the terms of collective agreements and agreements is a large and labor-intensive job, requiring, in particular, good knowledge of labor legislation. It allows competent authorities to obtain data on the emerging practice of collective contractual regulation of working conditions at various levels of the social partnership system and take them into account in the process of further improving the legal regulation of social, labor and other closely related relations.