The basis for the successful development of any enterprise is the implementation of the principle of centralization. The council of the labor collective is one of the bodies that allows putting this principle into practice. It is created as a form of association of workers in order to protect their interests.
STK essence
The twenty-first article of the Russian Labor Code states that employees are entitled to create a council of the labor collective in the organization to protect their rights and interests as a type of social partnership. According to the norms of the twenty-ninth article of the Code, the body may include representatives elected by employees who are not members of a trade union organization.
The union of workers in the form of STK performs four main functions in the team:
- provides all employees included in the body and other employees with the opportunity to make suggestions on the organizational and production work of the organization, as well as implement the ideas and ideas proposed;
- helps to unite workers and employers in achieving production goals;
- ensures the implementation and protection of the rights of employees;
- increases the degree of transparency of the enterprise management system.
Benefits of introducing STK
The council of the labor collective has a number of advantages compared with other bodies protecting the interests of employees in the organization:
- This structure lays the foundation for (additional) regulated, systemic, clear work of the enterprise.
- STK acts as a lever for creating the basis for the successful formation and development of an organization based on the principles of transparency, legality, and transparency.
- The association helps to realize the idea of self-government in the company.
Creating a council of the labor collective sets various goals:
- centralize management functions;
- create the basis for the implementation of the working potential of each employee;
- stimulate the development of self-government in the organization;
- ensure the implementation of additional integrating forces uniting colleagues;
- increase the effectiveness of cooperation between subordinates and managers;
- support professional and creative initiatives of employees;
- to increase the effectiveness of protecting the rights of members of the work collective.
Labor Council: Order
After making a decision on the creation of the STK, the head of the enterprise with other members of the body develops a Regulation that allows to regulate the activities of the newly formed structure.
The regulation consists of eleven sections:
- General provisions.
- Goals and objectives of the STK.
- Union functions.
- The order of the structure.
- Composition of STK.
- The list of rights and obligations of members of the association.
- Responsibility of the members of the association.
- The list of rights and obligations of the head of the Council.
- Algorithm of interaction between the leader and members of the work collective.
- Features of the organization of the body.
- Other information.
The regulation is developed in accordance with the provisions of the labor legislation of Russia. It determines the procedure for the creation and functioning of the body, competence, duties and rights of members of the association.
The regulation establishes the principle of the election of members of an association and accountability to the general collective meeting of employees.
Organ formation. Membership
Creation of the council of the labor collective is a process in which all employees of the organization participate. Temporary employees, part-time workers, and interns are not entitled to express opinions. The organization determines the number of members of the STK independently.
The association includes company employees who can be re-elected countless times. Any member of the JTC has the right to leave the post at any time. The head of the body is elected by members of the Council by a simple majority vote. You can announce the re-election of the Chair at any time.
The tasks of the Chairman of the JTC include organizing the work of the association, convening meetings, appointing the person responsible for maintaining the minutes of the meeting of the person, and monitoring the work of the team. If the manager is absent, the Council shall elect an interim deputy by a majority vote.
Authority of the authority
The council of the labor collective of the enterprise performs many functions:
- Provides interaction of the head with the work team, individual employees.
- Participates in negotiations on the creation of a draft collective agreement, its conclusion and amendment.
- Conducts consultations with the employer on the adoption of local regulatory acts in the company.
- He receives information from the manager regarding the resolution of issues that affect the interests of employees.
- Discusses the work of the enterprise with the employer, makes suggestions for its improvement, increase of efficiency.
- He takes part in the organization of labor protection.
- He puts up for discussion the company's development plans in the socio-economic sphere.
- Participates in the certification of employees, their places of work.
- He receives information from the head regarding liquidation or reorganization of the enterprise, changes in working conditions of employees due to technological innovations.
- It provides assistance in organizing retraining, additional professional training, and advanced training.
- It solves other issues that are provided for by labor law, local documents or a collective agreement.
Convening meetings of the JTC
The meeting of the labor collective council meets at the initiative of the Chairman, at the request of one of the members or the employer. A meeting is held if half of the members of the association are present in the hall.
All decisions are made by a simple majority vote. Each participant has only one vote. If an equal number of members voted for several options, the final decision is made by the Chairman.
The following persons are allowed to attend meetings:
- Company executives.
- Heads of units.
- Interested citizens.
- Consulting specialists.
In the course of the meeting, the minutes of the council of the labor collective are kept. Document Elements:
- time and place of the meeting;
- list of attendees;
- meeting agenda;
- questions that were put to the vote, results.
If any violation was committed at the meeting (for example, the absence of a quorum), the meeting shall be declared invalid.
STK Features
The council of the work collective is often confused with the trade union organization. This is because employers often try to replace the union as an independent body with an association of workers in the form of STK, controlled and accountable to the employer.
In this regard, employees have questions about what the threat of such a replacement is. If the employer does not create a trade union organization, it thereby deliberately weakens the protection of employees.
The purpose of the work of the association of the work collective is to improve the work of the enterprise as a whole. Protecting the rights of employees is only a small part of their authority. Therefore, the JTC is an additional body that cannot replace a trade union organization.
Differences STK from the trade union
The study of the Regulation on the council of the labor collective allows you to see the differences in the work of these bodies. The union, according to the norms of labor legislation, is a body that is created to represent and protect the interests of workers, and the STK is formed only in two cases: if employees are not united in primary trade union organizations, or less than half of the company’s employees are unionized.
The work of the trade union is fully disclosed in the Labor Code, and the powers of the Council of the work collective are not clear (they are specified in a document published at the enterprise). The union organizes its activities in accordance with the norms of the Constitution, the Labor Code and Federal Law No. 10, published in 1996. The work of the Council of the work collective is not fully regulated by such acts.
The trade union has the right to monitor compliance by the head of labor law and appeal local type acts through a court or labor inspection. STK does not have such authority. When an employee is dismissed on his own initiative, the manager takes into account the opinion of the union. The council of the working collective has no influence in this matter.
Features election of the council of the labor collective
The Labor Code gives employees the right to create different types of social partnerships, including STK. The powers of this body are not specified in the Labor Code of the Russian Federation.
The Council of the work collective builds work on the basis of general legal principles established in acts of the Russian Federation at various levels. The main document governing the election of this body and its work is the Regulation on the Council of the labor collective (sample below), developed by the members of the organization.
The procedure for the election of members and the head of the structure is also not fixed by labor legislation.
Role of STK
The council of the labor collective plays an important role in the work of the enterprise. It allows you to combine the leader and employees, to find common ground, without violating the rights of both parties.
STK allows team members to express ideas for improving the work of the company, organizing the implementation of the most successful of them. The Council provides an opportunity to see the entire management structure of the enterprise.
One of the roles of the Council of the work collective is to protect the interests and rights of employees. Since this body is fully accountable to the head of the company, this role performs a little worse than the rest.
Charter of the Council of the work collective
In addition to the Regulation, when creating the JTC, the Charter of the body is approved. In some companies, the basis for the work of the structure is only one document. By law, it is best to develop both guidelines.
The following aspects are reflected in the Charter:
- Tasks and goals of the body.
- Competence structure.
- Rules for selecting members, determining their number.
- Obligations, rights, responsibility of the association members.
- Other working conditions of the body.
Council structure
The council of the work collective is an elected body. Its members are selected by voting at general meetings. Voting may be conducted in open or closed form (secretly).
When conducting a survey of employees of the enterprise, the following members of the Council of the work collective are selected:
- Chairman, organizing the work of the JTC;
- Vice-Chairmen assisting him. They carry out instructions of the immediate supervisor, are responsible for maintaining the direction of the body;
- Secretary, minutes of meetings of the association of the working collective. He is necessarily present at every meeting, is engaged in the clerical work of the body;
- other members of the structure participating in meetings of the structure and making various decisions. They carry out the instructions of the Chairman of the Council, offer their ideas and innovations.
When choosing employees, members of the structure observe the principle of equality of all subjects. The following persons shall not participate in the voting or in the Meetings of the Council of the labor collective:
- Interns.
- Trainees.
- Temporary employees.
- Part-time workers.
Duties and rights of the Chairman of the Council of the work collective
A separate paragraph in the Charter and the Regulation on the work of the body prescribes the powers, duties and rights of the Chairman of the Council.
The work of the head of the structure is as follows:
- organize work on issues of a current nature;
- draw up work plans for workers' associations in the form of STK and approve them at meetings;
- organize meetings of the body, participate in their preparation of topics for discussion;
- give operational tasks and instructions to an individual member of the structure and monitor their implementation;
- ensure the implementation of the principle of transparency of the work of the body and the implementation of decisions made by the structure;
- nominate candidates for the posts of deputy head, secretary;
- to publish a report on the results of the work of the Council of the labor collective at general meetings of its members.
The union of workers in the form of STK is a body that assists the head of the enterprise in solving problems arising before the organization. At the same time, it protects the interests and rights of company employees. The creation of such a structure provides a number of advantages to the enterprise, its leader and employees.