The procedure for concluding a collective agreement - parties, obligations, validity period and termination conditions

Legal regulation of collective agreement

The collective agreement is regulated by the Labor Code of the Russian Federation. It is signed by the employees and the director of the organization. This regulatory document was developed directly to improve working conditions and the quality of customer service. Popular in large organizations.

When drawing up a contract, a separate clause is provided for controversial situations. The document resolves disputes between the team and the employer. All disputes are regulated by the regulatory side of the document. The firm's lawyers are involved in their elimination.

Lawyers deal with the structure of the contract. The wishes of employees and the employer are taken into account. A lot of time is allocated to discuss the contents of the document. Pre-thought-out points can protect against unpleasant situations.

Contents of the collective agreement: legal aspects

of course, see the Law “on collective agreements and agreements” and Art. 10-20 chapter 2 KZPT

Pashka, your inquisitive head, look and “you will understand everything and see everything for yourself” Labor Code of the Russian Federation

no, of course, only an Employment Agreement) KolDog can regulate labor relations, they can provide additional guarantees to employees, supplement the Labor Code, but not contradict it and not infringe on the rights of employees.

I think they can, but for this you need team unity, not selfish interest

A collective agreement is an agreement that establishes additional guarantees for employees and reciprocal obligations on their part in relation to the administration of the company. This document increases legal and social guarantees for personnel compared to those already established by labor legislation (Article 40 of the Labor Code of the Russian Federation)

local regulatory act

There is no collective labor agreement. In labor law there is a “collective agreement” and an “employment contract”. The very name “collective agreement” indicates that it refers to a contract (agreement) - a legal act regulating social and labor relations in an organization or an individual entrepreneur and concluded by employees and the employer represented by their representatives. Cm.

You probably meant “Collective agreement” - this is a local act.

No. A collective labor agreement cannot reduce the level of workers’ rights

Labor relations are regulated by a contract and a legal act (for example, in the Russian Federation this is the Labor Code). And a collective agreement is a type of employment contract (one might say so).

The collective agreement regulates the labor relations between the employee and the employer. But: the hierarchy is as follows: 1. Labor Code 2. Collective Agreement 3. Employment Agreement. No agreement can establish conditions worse than those in the Labor Code.

Everything you need to know is contained here: Labor Code of the Russian Federation. Article 9. Regulation of labor relations and other relations directly related to them in a contractual manner In accordance with labor legislation, the regulation of labor relations and other relations directly related to them can be carried out by concluding, amending, supplementing collective agreements, agreements, and labor contracts by employees and employers.

Collective agreements, agreements, and employment contracts cannot contain conditions that limit the rights or reduce the level of guarantees of employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in a collective agreement, agreement or employment contract, then they are not subject to application.

To the first question - they can. And the second question - no! It is possible to include it, but in legal disputes, the provisions of the collective agreement that worsen the employee’s position in comparison with the Labor Code of the Russian Federation will not be accepted and the court will be rejected!

They can also be regulated by a collective agreement, in whole or in part. But in any case, an agreement, collective or individual, cannot contradict the Labor Code of the Russian Federation, violate rights, or cancel guarantees. Such terms of the contract are void.

Article 15 of the Labor Code of the Russian Federation.

Conclusion of a collective labor agreement at the enterprise

Conclusion of a collective labor agreement

The conclusion of a collective labor agreement is a system for determining the terms of employment not as a result of individual negotiations between the employee and the employer, but through agreement between the company administration and representatives of the workforce; Moreover, the achieved conditions apply to all employees of the company.

We invite you to read: What you can and cannot sign a facsimile

A collective agreement negotiated at the workplace has the advantage of being directly tailored to specific work conditions and can be changed on the fly. Collective labor agreements negotiated by local union representatives must be supported by local employees, who elect those local representatives.

A collective bargaining agreement allows the employment relationship to be managed in a consistent and systematic manner.

of course, see the Law “on collective agreements and agreements” and Art. 10-20 chapter 2 KZPT

Pashka, your inquisitive head, look and “you will understand everything and see everything for yourself” Labor Code of the Russian Federation

The institution of collective agreement (Article 40 of the Labor Code of the Russian Federation) was created to regulate social and labor relations that arise between the organization’s employees and the employer. It is a local legal act aimed at ensuring effective interaction between the parties to the work process.

A collective agreement is concluded between employees, represented by their representatives, and the employer, represented by his representative or authorized official. It is important that the employees of the organization do not act separately from each other, but as an integral entity - a working team.

The collective agreement regulates social and labor relations at the enterprise, but it is not a mandatory document. The employer is not obliged to conclude it with the work team, since the drawing up of the agreement and its entry into legal force is carried out with the consent of both parties.

If the work collective and the employer have decided to conclude a collective agreement, then the latter’s responsibility is to send the document for registration to the Economic Development Department of the locality within 7 days from the date of signing.

It is important that Art. 50 of the Labor Code of the Russian Federation establishes that the registration procedure does not affect the entry into force of a collective agreement. The registration process lasts no more than 10 days. It is free for both parties and is of a notification nature.

The conclusion of a collective agreement between the employer and employees can be carried out at the level of the entire company or individual divisions.

In accordance with current legislation, you can conclude a collective agreement with the employer according to one of the proposed options:

1. Signing of one contract, the validity of which applies to the entire workforce of the enterprise.
2. Signing of one agreement covering employees of the organization, and separate collective agreements valid in separate divisions.
3. Signing the contract only in the company's divisions.

The law does not provide for the possibility of concluding a collective agreement with the workforce only in the central division, since it is not separate.

For details on how to conclude a collective labor agreement, watch the video

Every year, employees and the employer, represented by their representatives, gather at a general meeting to discuss the implementation of the provisions of the collective agreement.

The employer is held liable in the following situations:

• Failure to participate in organized negotiations;
• Violation of the provisions contained in the collective agreement;
• Failure to provide information required for the conclusion and legal validity of a collective agreement.

As for employees, failure to comply with the terms of the employment contract entails moral and political responsibility.

The table shows administrative liability for non-compliance with the legislation regulating the procedure for concluding a collective agreement

Code of Administrative Offenses of the Russian FederationAdministrative offenseAmount of administrative fine

Clarifying the question of what relationships in an organization are regulated by a collective agreement helps determine its structure. The standard form of the document is not established by the legislator, Art. 41 of the Labor Code of the Russian Federation regulates only a list of issues that can be included in the content.

Additional Information

There are final provisions in the collective agreement. They contain instructions on the validity period of this agreement, as well as rules for making changes and additions to the collective agreement and resolving disagreements between the parties, their responsibilities, and the procedure for monitoring compliance with the collective agreement (these provisions can be drawn up in a separate section).

1. Salary. Regulations on the forms, methods and amounts of remuneration for work, payment regulation schemes taking into account the degree of inflation and price increases, benefits for various groups of employees, working hours and time allocated to employees for rest.
2. Providing employment. A regular employment contract provides for the provision by the employer of a conditional labor function; a collective agreement may include the provision of benefits upon release from production, taking advanced training courses or the opportunity to undergo retraining.
3. Social services. This section may contain conditions for compensation of transportation costs and subsidies for food at the enterprise. Often information is included on activities carried out to improve occupational safety and health.
4. Responsibilities of employees. A provision may be included on the refusal of the work collective to strike if the employer fully complies with the points contained in the collective agreement.
5. Required details. Obligations of the employer, validity period of the concluded collective agreement, date and place of its signing.

We invite you to read: Headcount - what is it, average number of employees

Despite the fact that the employer is not obliged to conclude a collective agreement, its presence is a factor indicating the stability of the enterprise and creates favorable conditions for attracting new specialists. The main condition is that its provisions should not worsen the position of workers compared to a regular agreement.

If you have questions, write in the comments

In what cases is a collective agreement created?

The regulatory document is signed by the employees and the employer. It is created to regulate labor relations between the team and the director of the organization. Documented relationships help to improve the efficiency of the company. Acts as an excellent motivator for the entire team.

When working conditions pose a threat to the health of the employee, special requirements are prescribed in the contract. The work schedule and compensation for damage to health are negotiated separately.

Concept and types of collective agreements in labor law

The system of sources of labor law, due to the exceptional importance and social orientation of this industry, is distinguished by the diversity of its elements.
In particular, collective agreements and collective agreements, as sources of legal regulation of relations included in the subject of labor law, are unique and characteristic only of the branch of law under consideration. Collective agreements in labor law doctrine and industry legislation are usually defined as follows:

Definition 1

Collective agreement We have already completed course work

Collective agreements in more detail, as a source of regulation of labor relations, is a legal act, the content of which is aimed at establishing general principles for regulating social and labor, as well as closely related economic public relations, the parties to which are representatives of workers and employers vested with appropriate powers, within their competencies.

Finished works on a similar topic

• Course work Collective agreement in labor law 490 rub.
• Abstract Collective agreement in labor law 230 rub.
• Test work Collective agreement in labor law 220 rub.

Receive completed work or specialist advice on your educational project Find out the cost

Speaking about the types of collective agreements in labor law, two main classifications can be distinguished.

Thus, depending on the level of acceptance, collective agreements can be:

• Federal;
• Regional;
• Intersectoral;
• Industry;
• Territorial

Depending on the subject composition of the adopted agreements, the following are distinguished:

• Bilateral agreements, the parties to which are representatives of workers and employers at the appropriate level;
• Tripartite agreements are agreements in which, in addition to the parties to labor relations, a competent public authority participates as a guarantor of ensuring the legality and coordination of the interests of the parties in the process of developing and adopting a collective agreement.

Main points of the collective agreement

The content of the agreement is developed for each enterprise individually. The document provides information on additional remuneration and benefits. Payments are made to employees upon the occurrence of specified conditions.

The following clauses of the collective agreement exist:

• The amount of payments due to the employee;
• Accrual of benefits, benefits, additional conditions upon the occurrence of an insured event;
• Conditions for changing wages in the event of an increase in prices, fulfillment of a sales plan or when awarding bonuses for good work;
• The agreement provides for advanced training of employees. Training takes place at the expense of the company within the established time frame;
• Changes in working conditions;
• Control of work safety at the enterprise;
• Benefits for staff are prescribed;
• Conditions for rest and health improvement of enterprise employees;
• Benefits for employees: payment for housing, payment or reimbursement of food costs;
• The conditions for fulfilling sales volumes, rights and obligations of the parties must be specified.

These provisions are considered approximate. When drawing up a contract, individual criteria are taken into account. They depend on the specifics of the enterprise. The main criterion is the interests of the staff. The collective agreement provides more benefits for employees. The terms of the document provide the employee with the opportunity to develop and receive a decent payment for the work done.

What is a collective agreement

Any labor relationship must be regulated. This protects the employer and employees. All the nuances of the work are discussed and included in a special regulatory legal act, which is a collective agreement. It regulates the relationship between all employees at once, and not separately one-on-one with each, as an employment contract does. Cooperation of this kind provides more advantages for the organization of working conditions for both parties.

In what cases is

Both cooperating parties have the right to demand the conclusion of a collective agreement, but there is no mandatory regulation on this in the code established by federal legislation. If one of the parties makes such a proposal, then the second must enter into collective negotiations without fail. Reasons that may contribute to the drafting of a normative act may be the following:

• Strengthening motivation and ensuring interest. The employer can enter into the document information about monetary compensation, additional payments, remuneration and the reasons contributing to them.
• Payment regulation. This is relevant under conditions of constant rising prices and inflation.
• Difficult working conditions. The contract may discuss improved conditions, health protection, safety, and medical insurance.
• The initiative of the employer if they want to earn the image of a reliable and progressive company, since the act largely protects employees and cannot contribute to the deterioration of working conditions.
• The company's desire to provide a stable climate at work. Local regulations protect against strikes and other production disruptions.
• The desire to reduce the amount of documentation, since the contract is concluded between the boss and all subordinates at once.

What relations in the organization are regulated by a collective agreement?

This act, which regulates labor and social relations between the employer and subordinates, is a mutually beneficial partnership. It announces the main criteria for compliance with the working and living conditions of workers. At the same time, they themselves take an active part in developing these conditions. This legal document should not contain provisions on any restrictions on the rights or reduction of workers’ guarantees that are established by labor legislation.

How a contract is developed

The collective agreement is developed by the company's lawyers. The agreement takes into account the interests of colleagues. All points are initially discussed with the head of the enterprise. After discussion, the document is given to employees for review.

Disagreement with points provides an opportunity for each party to express their objection. Employees have the right to offer their own option. After discussion, one or another item will be adjusted.

Controversial issues are discussed with staff. Solutions are being discussed. They are written down in the document based on the decision of both parties.

A collective agreement is a complex regulatory document. It takes into account the interests of the company's employees. This is done to improve operational efficiency and, accordingly, increase the profit of the enterprise.

How is a collective agreement adopted?

A collective agreement is not required to be signed. Both employees and the director of the organization can decide to create a document. The decision to draw up an agreement is made by the employees of the enterprise. You must inform the other party in writing of your intention.

After receiving the notice, one of the parties must make a decision within seven days. Then a collegial meeting is held at which all the necessary clauses of the contract are discussed. Disputes and disagreements are set out on paper. All objections are signed by participants on both sides.

After discussing all controversial issues, the contract is sent for registration. The relevant authority assigns a number to the document and records it in the register.

Important! The agreement comes into force from the moment it is signed, regardless of the date of its registration with the relevant authorities.

Effect of the collective agreement

Depending on the circumstances in which the organization finds itself, between the employer and the employees of which the agreement is concluded, it may change the duration of its validity, terminate earlier than the agreed time, or be extended. Among the circumstances that lead to the early termination of the agreement are: a change in the form of ownership, reorganization of the enterprise or liquidation.

• Growing mushrooms for home business
• Fish soufflé
• Megafon SIM card blocking

When changing the form of ownership

There are often cases when an organization needs transformation, which leads to the transfer of authority to another organization. If the latter has a different organizational and legal form of ownership, then the former takes it over and then ceases to exist. All its rights and obligations are transferred to the new organization. In such conditions, the agreement extends to the next three months from the moment the organization’s rights are fully transferred.

During reorganization

In many cases, a reorganization of the enterprise may be necessary. If it is not profitable or, on the contrary, more serious goals have appeared. In this case, management may announce the completion of activities and form one or more new enterprises from the old one. No matter how the reorganization proceeds and no matter what it leads to, the agreement remains in effect throughout this entire process.

Upon liquidation of an organization

Liquidation is a procedure after which any organization completely ceases to operate. All its obligations to employees or creditors come to an end. Its affairs cannot pass to other persons or enterprises in the order of succession. As a result, a previously concluded collective agreement cannot be extended or amended. It will be valid only during the liquidation procedure, after which the employment obligations are terminated.