The collective agreement, a model 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 represented by their representatives. The content and structure of the collective agreement are formed by the participants in the relations themselves. Let's consider this document in more detail.
Art. 41 of the Labor Code of the Russian Federation
This norm states that the key terms of the agreement are established by representatives of the employees of the enterprise and the employer who have the appropriate authority. The competence of these entities must be appropriately determined by local acts. In Art. 41 of the Labor Code of the Russian Federation provides an approximate list of areas in which participants in relations can include obligations in the agreement. This list is not considered exhaustive. At the discretion of representatives, the content and structure of the collective agreement may include other issues.
Basic conditions
The content and structure of the collective agreement form the basis for the interaction of the employer and staff. In this regard, the agreement regulates the most significant aspects of the relationship. Among them:
- Legal regulation of remuneration . The agreement states, in particular, that in determining the mechanism for the payment of salaries, the level of inflation, price increases, implementation of indicators set by the enterprise are taken into account.
- Rights and obligations of the administration in the field of employment, retraining, implementation of the conditions for the release of employees.
- Time of professional activity and rest. This issue covers, inter alia, the conditions and procedure for granting vacations, their duration.
- Protecting the health of workers . The agreement prescribes the procedure for improving the conditions and OT of employees, including young professionals and women. The document defines the measures for environmental safety, rehabilitation of employees and their relatives.
- Housing issues.
- Guarantees and benefits to employees , including combining production activities with studies.
- Refusal to organize strikes subject to the relevant conditions of the agreement.
- Responsibility of participants in a relationship.
- Measures to ensure control over the execution of the collective agreement.
- Formation of normal conditions for the implementation of activities by employee representatives.
- The procedure in accordance with which changes are made to the collective agreement .
In the above Codex norm there is an indication that the agreement should include regulatory provisions if laws or other legal acts establish a direct order on their fixing in the document.
Specificity
The content and structure of the collective agreement are formed in such a way that the legal capabilities of the participants are most fully reflected in the document. It is, in particular, directly about employees, the employer and their representatives. Along with the rights, obligations are established. They, together with legal capabilities, have a corresponding character. So, the rights of employees imply certain obligations of the employer, and vice versa. Along with this, when establishing them in the agreement, legislative requirements must be observed.
Staff benefits
Depending on the financial and economic condition of the enterprise, the employer may establish certain benefits and guarantees for employees. He can create conditions for the implementation of production activities, more favorable than provided for by law or other regulations. The Code prohibits the inclusion of provisions in the agreement that infringe on the rights of personnel. It follows, in particular, that the imposition of additional duties on employees that are not provided for by law, acts as a restriction on the freedom of employees. It can be recognized as lawful only in exceptional cases. For example, if the employer agrees to compensate for the limitation by providing additional benefits to employees. Moreover, how much they will recover losses, each employee will decide individually, as well as staff representatives. The latter, in addition, has the right to appeal the conditions imposed by the tenant in the manner prescribed by law.
Regulatory nature
The conditions set forth in the agreement may be valid for the entire period provided for in the contract and apply to an indefinite number of employees. These provisions, in particular, include the requirement for the employer to increase the salary over the specified period in accordance with the increase in the price index in the region. This condition will apply to an unlimited number of people, since citizens enrolled in the state after the conclusion of the agreement will also acquire the corresponding right.
Nuances
As indicated above, the parties to the collective agreement independently determine its conditions. The agreement may separately highlight the regulatory conditions, liability of participants, corresponding rights, the procedure for providing compensation for the forced restriction of the freedoms of employees, etc. The structure of the contract serves a more productive implementation 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 executed both at the level of the enterprise as a whole, and its separate divisions. The need to conclude an agreement with the OP can be determined by their remoteness from the main office of the company, features in the organization of production activities, and so on. Representatives and branches act as separate divisions . 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 indicated above. The participants in the relationship need to structure them and fix on paper. The terms of the agreement must be clearly stated. No double interpretation of the provisions is allowed. A prerequisite for the acquisition of a contract of force is the certification by signatures of representatives of the employer and employees.
The specifics of coordination
When developing a draft agreement, the parties must come to a consensus on all its conditions. If agreement is not reached on certain provisions within three months, the participants in the relationship must sign a document on agreed terms. Along with this, a protocol of disagreements is drawn up. It fixes provisions on which the parties have not reached consensus. This rule is aimed at preventing delays in the process of signing the document and, accordingly, providing the benefits and conditions for production activities provided for employees. Unsettled provisions may be the subject of subsequent negotiations or a collective dispute. The issue regarding the choice of a method of resolving disagreements is decided by agreement of the participants. If consensus is not reached here either, or the employer (his representatives) evades further discussion, it is necessary to proceed to conciliation procedures.
Coverage
The provisions of the contract apply to all employees of the company. In this case, the date of their enrollment in the organization, the mode of their activity, the characteristics of the relationship (part-time, in 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 is in line with the Russian tradition. In particular, the Labor Code until 1992 provided for the extension of the collective agreement to all employees of the enterprise. It should also be said that the coverage of all personnel by this agreement to the maximum extent corresponds to the purpose of the act - to form an additional system of personnel protection relative to the legislatively established one.
Entry into force
A collective agreement can be signed for any period not exceeding three years. The effective date of the act may be determined by the parties to the relationship. It does not depend on any circumstances (from notification registration, for example), unless the parties provide otherwise. The parties to the relationship may condition the entry into force of the agreement:
- The direct fact of signing.
- The onset of a specific calendar number.
- A certain event.
The parties are entitled to extend the contract, but not more than 3 years.
Circumstances
The collective agreement remains valid when changing the name of the enterprise, terminating the employment contract 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 a "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 duration of the agreement, established earlier by the parties to the relationship, will not matter. For example, the document was signed Jan 15. 2006. Accordingly, its action ends on January 15, 2009. But in September 2007, the process of reorganization in the form of a merger began. In this case, the agreement will remain valid until the procedure is completed. After the information on the new legal entity is entered into the Register and the information on the previous enterprise is excluded, the contract will become invalid if the participants did not stipulate an extension. Maybe this situation. In the process of reorganization (except for the transformation) or immediately after its implementation, one of the parties requested negotiations to conclude a new collective agreement or extend the previous one for another 3 years.
Privatized Organizations
There are special rules for them. OJSCs formed during the privatization of property of unitary enterprises fulfill the conditions and are liable for obligations specified in collective agreements that were in force before the start of the procedure. At the end of 3 months. from the date of state registration, the company's employees (representatives), the supervisory board or the executive body of the company may propose revising the current document or drawing up a new act.