Article 41 of the LC RF. The content and structure of the collective agreement

которого присутствует в статье, представляет собой локальный акт, регламентирующий социально-трудовые отношения на предприятии. The collective agreement, a sample of which is present in the article, is a local act regulating social and labor relations at the enterprise. It consists of employees and an employer in the person of their representatives. The content and structure of the collective agreement are formed by the participants in the relationship. Let us examine this document in more detail.

Art. 41 of the LC RF

In this rule, it is stated that the key terms of the agreement are established by representatives of employees of the enterprise and the employer who have the appropriate authority. The competence of these entities should be properly defined by local acts. In Art. приводится примерный перечень сфер, по которым участники отношений могут включить обязательства в соглашение. 41 of the LC RF provides an indicative list of areas in which the participants in the relationship may include obligations in the agreement. This list is not considered exhaustive. At the discretion of the representatives, the content and structure of the collective agreement may provide for other issues.

General conditions

The content and structure of the collective agreement form the basis for interaction between the employer and the staff. In this regard, the agreement regulates the most significant aspects of relations. Among them:

1. . Legal regulation of labor remuneration . The agreement specifies, in particular, that when determining the mechanism for paying the wage, attention is paid to the level of inflation, price increases, the implementation of indicators set at the enterprise.
2. в сфере занятости, переобучения, реализации условий высвобождения сотрудников. The rights and responsibilities of the administration in the field of employment, retraining, the implementation of conditions for the release of employees.
3. Time of professional activity and rest. This question covers, among other things, the conditions and procedure for granting leave, their duration.
4. . Health protection of workers . The agreement prescribes the procedure for improving the conditions and the OT of employees, including young specialists and women. The document defines measures for environmental safety, health improvement of employees and their relatives.
5. Housing issues.
6. , в том числе совмещающим производственную деятельность с учебой. Guarantees and benefits to employees , including those combining production activities with studies.
7. Refusal to organize strikes in accordance with the relevant terms of the agreement.
8. Responsibility of the participants in the relationship.
9. Measures to ensure control over the performance of the collective agreement.
10. Formation of normal conditions for the performance of activities by representatives of employees.
11. . The order in which changes are made to the collective agreement .

In the above norm of the Code, there is an indication that the agreement should include regulations, if laws or other legal acts establish a direct order to fix them in the document.

Specificity

The content and structure of the collective agreement are formed in such a way that the document most fully reflects the legal capabilities of the participants. It is, in particular, directly about the employees, employer and their representatives. Together with the rights are set and responsibilities. They, along with legal capabilities, have a corresponding character. So, the rights of employees assume certain duties of the employer, and vice versa. At the same time, when establishing them in an agreement, legislative requirements must be observed.

Advantages for staff

Depending on the financial and economic state of the enterprise, the employer can establish certain benefits and guarantees for employees. It can create conditions for the implementation of productive activities, more favorable than is provided for by legislation or other regulatory enactments. The Code prohibits the inclusion in the agreement of provisions that involve the infringement of the rights of staff. From this it follows, in particular, that the assignment of additional duties to employees, not provided for by law, is a restriction of the freedom of employees. It can be recognized as lawful only in exceptional cases. For example, if the employer undertakes to compensate for the restriction by providing additional benefits to employees. At the same time, how much they will compensate for losses will be decided by each employee individually, as well as by staff representatives. The latter, moreover, have the right to appeal the conditions imposed by the employer in the manner prescribed by law.

Normative nature

The conditions established in the agreement may be valid for the entire period stipulated in the contract, and extend to an indefinite number of employees. These provisions, in particular, include the prescription for the employer to increase during this period the size of the salary in accordance with the increase in the price index in the region. This condition will apply to an unlimited number of people, since the right will be acquired by citizens enlisted in the state after the conclusion of the agreement.

Nuances

As mentioned above, the parties to the collective agreement independently determine its conditions. In the agreement, normative conditions, liability of participants, corresponding rights, the procedure for granting compensation for the compulsory restriction of the freedoms of employees, etc. can be singled out separately. The structure of the agreement serves a more productive realization of its content. That is why it should be determined by the participants themselves, who will subsequently apply the provisions.

Collective agreement: sample

The agreement can be formalized both at the level of the enterprise as a whole and its separate subdivisions. The need to conclude an agreement with the OP may be due to their remoteness from the main office of the company, peculiarities in the organization of production activities and so on. Representations and branches act as separate subdivisions . It should be remembered that one of the participants in the relationship is in any case the employer. The parties to the collective agreement independently establish the rules for its development and conclusion. Legislation defines only certain mandatory stages of the procedure. The agreement must contain all the essential conditions relating to production activities. Actually, the main issues that are included in the document are listed above. The participants in the relationship need to structure them and fix them on paper. The terms of the agreement must be clearly stated. No double interpretation of the provisions is permitted. An obligatory condition for the acquisition of a contract by force is the certification by its signatures of representatives of the employer and employees.

The specifics of the agreement

When drafting a treaty, the parties must reach a consensus on all of its conditions. If there is no agreement on these or those provisions, within three months the participants of the relationship must sign the document on agreed terms. Together with this, a protocol of disagreements is drawn up. It fixes the provisions on which the parties did not reach a consensus. This rule is aimed at preventing the delay in the process of signing the document and, accordingly, providing the benefits and conditions of the production activities provided for the employees. Unsettled provisions can be the subject of subsequent negotiations or a collective dispute. The question concerning the choice of the method for eliminating disagreements is decided upon the agreement of the participants. If the consensus is not reached here, or the employer (its representatives) evades further discussion, conciliation procedures should be adopted.

Coverage

The provisions of the contract apply to all employees in the state of the enterprise. At the same time, the date of their enrollment in the organization, the mode of their activity, the characteristics of the relations (in combination, at the main place, etc.) does not matter. This approach is implemented in accordance with the generally accepted principle of "one employer - one contract". In this case, the problem of the possibility of unreasonably differentiating working conditions on the basis of membership in a trade union organization is removed. In addition, this approach lies in the mainstream of the Russian tradition. In particular, in the Labor Code until 1992, the collective agreement was extended to all employees of the enterprise. It should also be said that the coverage of all personnel by this agreement corresponds to the maximum extent to the purpose of the act - to form an additional system of personnel protection in relation to the legislatively established.

Enactment

A collective agreement can be signed for any period not exceeding three years. The effective date of the act may be determined by the participants in the relationship. It does not depend on any circumstances (from notification registration, for example), unless the parties provide otherwise. The participants in the relationship can determine the entry into force of the agreement:

1. The immediate fact of signing.
2. Onset of a specific calendar number.
3. A certain event.

The parties have the right to extend the contract, but not more than 3 years.

Circumstances

The collective agreement retains its effect when the name of the enterprise is changed, the employment contract is terminated with the head of the company, who signed it on behalf of the employer, transforming the organization. In case of reorganization in other forms, as well as when changing the type of ownership, the document will be valid for a certain period. It is called "warranty". This period lasts until the completion of the reorganization or is 3 months. From the date of transfer of ownership. In this case, the validity of the agreement, established earlier by the participants in the relationship, will not be important. For example, the document was signed on January 15. 2006. Accordingly, its operation ends on January 15, 2009. But in September 2007 the process of reorganization began in the form of a merger. In this case, the agreement will remain in force until the procedure is completed. After the information on the new legal entity is entered into the Register and information about the former enterprise is excluded, the contract will become invalid if the participants did not stipulate an extension. Maybe this is the situation. In the process of reorganization (except for transformation), or immediately after its implementation, one of the parties requested the negotiation of a new collective agreement or the extension of the previous one for another 3 years.

Privatized organizations

There are special rules for them. The companies formed during the privatization of the property of unitary enterprises fulfill the conditions and bear responsibility for the obligations specified in the collective agreements that were in force before the commencement of the procedure. At the end of 3 months. From the date of state registration, employees of the company (representatives), the supervisory board or the executive body of the company may suggest revising the current document or drawing up a new act.