A collective agreement is possible. Collective agreement from a to z. The employer has the right

Does a company need a collective agreement? And if necessary, then why? What should I write in it? And how can it be concluded to the mutual satisfaction of employees and employers without breaking the law? We will try to answer these and other questions related to the conclusion of a collective agreement in this article.

A collective agreement is needed if the organization seeks to introduce more advanced regulation of labor relations compared to labor legislation. The essence of a collective agreement is that the employer provides employees with improved working conditions that take into account the specifics of the enterprise’s activities, and the employees, for their part, refuse the most effective way of putting pressure on the employer - a strike.

A collective agreement is not mandatory document for the organization. Such an agreement is concluded between an organization and its employees on a voluntary basis and represents one of the forms of social partnership (Articles 24, 25 and 27 of the Labor Code of the Russian Federation). A collective agreement can be concluded both in the organization as a whole and in one or more of its separate structural divisions (Part 4 of Article 40 of the Labor Code of the Russian Federation). In the first case, the collective agreement will apply to all employees of the organization, in the second - only to employees of the relevant department (Part 3 of Article 43 of the Labor Code of the Russian Federation).

Where does a collective agreement begin?

Labor legislation establishes strict requirements for the procedure for concluding a collective agreement. Thus, its signing is necessarily preceded by collective negotiations between representatives of the organization (or its separate division) and representatives of employees.

Requirements for representation in collective bargaining are also regulated Labor Code RF. The organization is represented by its head or a person authorized by him. An individual entrepreneur in collective negotiations can represent his interests independently, or, like the head of an organization, can be represented by authorized persons (Part 1 of Article 36 of the Labor Code of the Russian Federation).

Representatives of employees can be trade unions or other representatives or representative bodies elected by employees (Part 2 of Article 29 of the Labor Code of the Russian Federation). A trade union organization that unites more than half of the organization’s employees automatically becomes a representative of all employees of the organization (Part 3 of Article 37 of the Labor Code of the Russian Federation). Two or more trade union organizations, collectively uniting more than half of the employees, can create a single representative body that will represent all employees of the enterprise (Part 2 of Article 37 of the Labor Code of the Russian Federation). If employees are not united in trade union organizations or none of them unites more than half of the employees, then general meeting employees, another representative or representative body from among the employees may be elected by secret ballot (Part 1 of Article 31 of the Labor Code of the Russian Federation).

So, the parties to collective bargaining are the employer and employees. The negotiation procedure is initiated by one party sending a proposal to the other party. Collective negotiations can be initiated by both the management of the enterprise and its employees (Part 1 of Article 36 of the Labor Code of the Russian Federation). If negotiations were initiated by workers, then their representatives are obliged to notify all other primary trade union organizations that unite workers of a given enterprise about this (Part 5 of Article 37 of the Labor Code of the Russian Federation). This must be done simultaneously with sending the employer a proposal to begin collective bargaining.

Representatives of the party that received the proposal to begin collective negotiations are required to enter into negotiations within seven calendar days from the date of receipt of the proposal (Part 2 of Article 36 of the Labor Code of the Russian Federation). The day of the beginning of collective negotiations is considered to be the day following the day the initiator received a response to his proposal to begin negotiations (Part 2 of Article 36 of the Labor Code of the Russian Federation).

The collective agreement must be signed by representatives of the employees and the employer within three months from the date of the start of negotiations (Part 2 of Article 40 of the Labor Code of the Russian Federation). If within two months the parties to collective negotiations have failed to reach agreement on the content of certain clauses of the collective agreement, then such clauses are either completely excluded from the text, or the agreement is signed with a protocol of disagreements attached.

Registration and entry into force

Within seven days from the date of signing the collective agreement, the employer is obliged to send it for notification registration to the territorial body for supervision in the sphere of labor (Part 1 of Article 50 of the Labor Code of the Russian Federation). This body does not have the right to demand that the parties make changes to the collective agreement; it only informs them about the identification of contract terms that worsen the employee’s position in comparison with the norms of labor legislation. It must be remembered that a collective agreement cannot contain conditions that limit rights or reduce the level of guarantees provided for employees in the legislation (Part 2 of Article 9 of the Labor Code of the Russian Federation). If such conditions are included in the collective agreement, they are not applicable.

Notification registration does not affect the date of entry into force of the collective agreement (Part 2 of Article 50 of the Labor Code of the Russian Federation). The agreement comes into force on the date of its signing, unless the terms of the agreement themselves provide for a different date (Part 1, Article 43 of the Labor Code of the Russian Federation).

Labor legislation does not directly indicate the need for employees to familiarize themselves with the text of the collective agreement. The organization is obliged to familiarize only each new employee with the current collective agreement upon hiring (Part 3 of Article 68 of the Labor Code of the Russian Federation).

Period of validity of the collective agreement

A collective agreement can be concluded for a period of no more than three years (Part 1, Article 43 of the Labor Code of the Russian Federation). However, if necessary, the parties will be able to extend its validity. The extension period should also not exceed three years (Part 2 of Article 43 of the Labor Code of the Russian Federation).

The collective agreement remains valid in cases of change in the name of the organization, reorganization of the organization in the form of transformation, as well as termination employment contract with the head of the organization (Article 43 of the Labor Code of the Russian Federation).

When changing the form of ownership of an organization, the collective agreement remains in force for three months from the date of transfer of ownership rights. When an organization is reorganized in the form of a merger, annexation, division, or spin-off, the collective agreement remains in force throughout the entire period of the reorganization. When reorganizing or changing the form of ownership of an organization, either party has the right to send proposals to the other party to conclude a new collective agreement or extend the validity of the previous one for up to three years. When an organization is liquidated, the collective agreement remains in force throughout the entire period of liquidation. Such rules are contained in Art. 43 of the Labor Code of the Russian Federation.

If necessary, the collective agreement can be amended or supplemented by agreement of the parties who entered into it (Article 44 of the Labor Code of the Russian Federation). By general rule the collective agreement is changed in the same manner as is provided for its conclusion, that is, through collective bargaining. However, the parties who entered into a collective agreement are given the right to establish in its text a simplified procedure for amending and supplementing the agreement.

What to write in a collective agreement

Labor legislation does not limit the collective agreement either in form or content (with the exception of the requirement not to reduce the level of labor rights and guarantees of employees). When drawing up an agreement, you can use the model of a collective agreement (approved by the Ministry of Labor of Russia on November 6, 2003) as a template, which, however, is purely advisory in nature.

Equally recommendatory in nature is what is contained in Art. 41 Labor Code of the Russian Federation sample list questions for the collective agreement. According to this norm, the collective agreement may include obligations of employees and the employer on the following issues:

Forms, systems and amounts of salaries;

Payment of benefits, compensation;

A mechanism for regulating wages taking into account rising prices and inflation levels;

Employment, retraining, conditions for releasing employees;

Working time and rest time;

Improving the working conditions and safety of employees;

Respect for the interests of employees during privatization;

Environmental safety and health protection of employees at work;

Guarantees and benefits for employees combining work and study;

Health improvement and recreation for employees and members of their families;

Partial or full payment for employee meals;

Monitoring the implementation of the collective agreement;

The procedure for making changes and additions to the collective agreement;

Responsibility of the parties to the collective agreement;

Refusal of strikes;

Other issues determined by the parties.

Some of these issues are worth considering in more detail.

Collective agreement: point by point

For ease of structuring, it is better to separate each issue regulated by the collective agreement into a separate section.

For the employer, the most important section in the collective agreement is the section “Refusal of strikes when the relevant conditions of the collective agreement are met.” If there is such a clause in the contract, the employer can demand that the strike be declared illegal if he proves that, for his part, he complied with all the terms of the collective agreement. And if there were no violations of the contract by the employer, then the strike may be declared illegal by the court (Part 4 of Article 413 of the Labor Code of the Russian Federation). However, in exchange for such an opportunity, the employer provides employees with a number of guarantees, the specific scope of which is precisely established by the collective agreement.

So, for example, in the section “Forms, systems and amounts of remuneration” the elements that make up the salary in the organization can be established, a system of bonuses and bonuses can be provided, a minimum salary level and the composition of the minimum salary can be established for both the organization as a whole and and for individual categories its employees, compensation payments, etc. Here you can also provide bonuses to employees for length of service in the organization, for a birthday, corporate holiday, in the event of the birth of a child, etc. The possibility of establishing such conditions in a collective agreement is provided for in Art. 135 of the Labor Code of the Russian Federation.

The section “Payment of benefits, compensation” may provide for additional benefits and compensation in addition to those established by law. For example, conditions on additional payments to employees up to average earnings in case of illness or child care, severance pay in case of dismissal by agreement of the parties, etc.

In the section “Mechanism for regulating wages taking into account rising prices” the indexation procedure can be prescribed wages in the organization (Article 134 of the Labor Code of the Russian Federation). In particular, the frequency of indexation has been established (monthly, quarterly, annually), the amount of indexation (based on inflation data, based on data on price increases in the country, based on data on price increases in the region), payments subject to indexation (are premiums indexed, allowances, etc.).

In the section “Employment, retraining, conditions for the release of employees,” in particular, additional categories of employees may be identified who enjoy a preferential right to remain at work with equal labor productivity and qualifications (Part 3 of Article 179 of the Labor Code of the Russian Federation). The section may also stipulate measures taken by the employer in the event of the threat of mass layoffs (Part 4 of Article 180 of the Labor Code of the Russian Federation). In addition, the section may resolve issues regarding the organization’s assistance to an employee in improving his professional qualifications.

The section “Working time and rest time” can reduce the length of the working day without reducing wages for certain categories of employees or for all employees of the organization. This can be done, for example, by including a lunch break in working hours. A collective agreement may establish additional paid vacations (Part 2 of Article 116 of the Labor Code of the Russian Federation) or the employee’s right to unpaid leave of a certain duration (Part 2 of Article 128 of the Labor Code of the Russian Federation). In the same section, the employer can establish the duration of the shift for employees with harmful and dangerous working conditions (Part 3 of Article 94 of the Labor Code of the Russian Federation), as well as limit the grounds on which an employee can be involved in overtime work (Part 4 of Article 99 of the Labor Code of the Russian Federation ).

The section “Improving the working conditions and safety of employees, including women and youth,” as a rule, provides for increased working conditions and guarantees of production safety compared to state ones (Part 3 of Article 41 of the Labor Code of the Russian Federation). This applies to the requirements for work premises, equipment, clothing, and personal protection etc. For certain categories of employees (for example, women and minors), this section may establish a shortened working day or reduced production standards while maintaining full wages.

In the section “Compliance with the interests of employees during the privatization of state and municipal property» the procedure and conditions for employees’ participation in the privatization of state and municipal property owned by the employer may be approved.

The section “Environmental safety and health protection of employees in production” may provide for the introduction of new technologies and labor protection methods aimed at reducing harmful emissions from production and the level of negative impact production factors on employee health.

In the section “Guarantees and benefits for employees combining work with training,” the employer can undertake obligations to fully or partially pay for the training of employees, as well as establish a shortened working week and provide student leave for employees undergoing training (Part 5 of Article 173, Part 2 of Article 175 and Part 2 of Article 176 of the Labor Code of the Russian Federation).

The section “Health and recreation for employees and members of their families” may establish, for example, the employer’s obligation to pay for trips to sanatoriums for employees and their immediate relatives. The employer may also undertake obligations to partially or fully finance unscheduled medical examinations and other preventive measures to protect the health of employees, as well as their wellness in fitness centers or other sports clubs.

The section “Partial or full payment for employee meals” may include providing employees with food vouchers in the corporate canteen, ordering lunches to the office, or targeted supplements to their salaries.

The section “Monitoring the implementation of the collective agreement” describes the procedure for providing employees with information about activities within the framework of fulfilling the terms of the collective agreement, as well as the procedure for checking the accuracy of this information by authorized representatives of employees. In this section it is recommended to specify in detail documentary evidence providing information to employees and written confirmation from authorized employee representatives of the proper implementation of the collective agreement. These documents will serve as the main evidence that the employer is complying with the terms of the collective agreement in the event of a dispute with employees on this issue.

Labor legislation stipulates that control over the implementation of the collective agreement is carried out by representatives of employees and the organization, as well as government bodies for control in the field of labor relations. When carrying out such control, representatives of employees and organizations are obliged to provide each other, as well as the relevant labor authorities, with the information necessary for this no later than one month from the date of receipt of the relevant request (Article 51 of the Labor Code of the Russian Federation).

In the section “Procedure for making changes and additions to the collective agreement”, you can establish a simplified procedure for changing and adding to the agreement, which was mentioned above. Otherwise, in order to make changes or additions, the parties to the collective agreement will have to follow the same procedure that is provided for its conclusion (Article 44 of the Labor Code of the Russian Federation). For example, the section can indicate that to make changes there is no need for collective bargaining, but rather the signatures of authorized representatives of employees and the organization are sufficient.

The section “Responsibility of the parties to a collective agreement” can provide for sanctions for the employer for failure to fulfill its obligations and sanctions for employees for abuse of the rights granted to them. It is worth remembering that the list of disciplinary sanctions for employees is limited by labor legislation - this is a reprimand, reprimand and dismissal for a limited range of reasons (Part 1 of Article 192 of the Labor Code of the Russian Federation). Additional sanctions are provided only by sectoral disciplinary statutes for certain professions, such as customs officers or fishing fleet officers (Part 2 of Article 192 of the Labor Code of the Russian Federation). Therefore, in the collective agreement there are sanctions for employees that go beyond certain art. 192 of the Labor Code of the Russian Federation cannot provide for restrictions on labor rights enshrined in legislation. Therefore, punishment for an employee in a collective agreement can only be provided in the form of depriving him of part of the additional benefits and compensation provided for by the collective agreement.

In addition to those mentioned above, the collective agreement may also resolve other issues. For example, the relevant sections may provide additional guarantees for persons with family responsibilities and employees with many children, non-state pension provision for employees, insurance for employees, payment for mobile communications and travel on public transport, corporate events, etc.

Responsibility

An employer’s refusal to participate in collective negotiations, failure to provide information necessary for concluding a collective agreement, refusal to conclude a collective agreement and failure by the employer to fulfill obligations under a collective agreement shall entail administrative responsibility.

An employer’s refusal to participate in negotiations on concluding, amending or supplementing a collective agreement or violating the deadline for conducting negotiations established by law will result in a warning or penalty. administrative fine in the amount of 1000 to 3000 rubles.

Failure by the employer to provide, within the period established by law, the information necessary for conducting collective negotiations and monitoring compliance with the collective agreement shall entail a warning or the imposition of an administrative fine in the amount of 1,000 to 3,000 rubles.

An employer’s unjustified refusal to conclude a collective agreement shall entail a warning or the imposition of an administrative fine in the amount of 3,000 to 5,000 rubles.

Failure by the employer to fulfill obligations under the collective agreement entails a warning or the imposition of an administrative fine in the amount of 3,000 to 5,000 rubles.

One of the forms of the system of relations between employees and the employer established by labor legislation is collective bargaining. The purpose of the negotiations is to prepare and conclude a collective agreement in which the parties resolve various issues regarding working conditions. What is a collective agreement? Who can initiate its conclusion? What is the procedure for its approval and conclusion? What provisions should it include? You will find answers to these and other questions in this article.

In accordance with Art. 40 of the Labor Code of the Russian Federation, a collective agreement is a legal act regulating social and labor relations in an organization and concluded by employees and the employer represented by their representatives. Moreover, it may consist not only in the organization as a whole, but also in its branches, representative offices and other separate structural divisions. Let us immediately note that the collective agreement:

- is not a mandatory document of the organization; its conclusion is a voluntary expression of will of one of the parties (employees or employer). This can be initiated by both the employer and employees represented by their representatives. Moreover, if employees came up with the initiative to conduct collective bargaining, then the employer will not be able to refuse to conclude a collective agreement;

- does not apply to local documents of the organization. A collective agreement is often considered a local normative act, but this is not the case, since the procedure for adopting a local act differs from the procedure for concluding a collective agreement. A local regulatory act is adopted by the employer, taking into account the opinion of the trade union body in cases established by the Labor Code, for example, by approving the internal labor regulations (Article 190 of the Labor Code of the Russian Federation). By accepting this document, the employer has the right to accept it in unilaterally, even if the trade union body does not agree. In turn, the trade union can appeal this local regulatory act to the relevant state labor inspectorate or court or begin the procedure for a collective labor dispute (Article 372 of the Labor Code of the Russian Federation). Two parties take part in the adoption and approval of a collective agreement, and if they do not come to an agreement, the agreement cannot be accepted unilaterally by the employer on its terms, but in any case must be signed by both parties and only on the agreed terms with the simultaneous drawing up of a protocol of disagreements .

Let's look at the approval procedure in more detail below.

Parties to the collective agreement

So, as follows from Art. 40 of the Labor Code of the Russian Federation, the parties to the contract are employees and the employer, whose interests are represented by their representatives.

By virtue of Art. 29 of the Labor Code of the Russian Federation, the interests of employees when conducting collective negotiations, concluding or amending a collective agreement, and monitoring its implementation are represented by the primary trade union organization or other representatives elected by employees.

At the same time, primary trade union organizations and their bodies can represent the interests of all employees of the organization only if more than half of the employees are members of the trade union (Part 3 of Article 37 of the Labor Code of the Russian Federation). There may be two or more trade unions in an organization, and if they collectively unite more than half of the workers, then, by decision of their elected bodies, they can create a single representative body for conducting collective negotiations, developing and concluding a collective agreement. Such a body must include representatives of each trade union organization in proportion to the number of its members.

But this does not mean that if less than half of the workers are members of the trade union (trade unions), then there is no one to represent the interests of the workers. In this case, workers who are not members of a trade union, at a general meeting, can authorize one of the trade unions to conduct collective bargaining (Part 4 of Article 37 of the Labor Code of the Russian Federation). If such a primary trade union organization has not been determined or the organization does not have any primary trade union organizations at all, then the general meeting of workers by secret ballot may elect another representative (representative body) from among the workers and vest him with the appropriate powers.

Pay attention! Collective negotiations and the conclusion of collective agreements and agreements on behalf of workers by persons representing the interests of employers, as well as organizations or bodies created or financed by employers, bodies are not allowed executive branch, organs local government, political parties (Part 3 of Article 36 of the Labor Code of the Russian Federation).

The representative of the organization during collective bargaining is the head of the organization or a person authorized by him in accordance with the Labor Code of the Russian Federation and other federal laws and other regulatory legal acts of the Russian Federation or constituent entities of the Russian Federation, regulatory legal acts of local government bodies, constituent documents of a legal entity (organization) and local regulations(Part 1 of Article 33 of the Labor Code of the Russian Federation).

So, by virtue of Art. 34 of the Labor Code of the Russian Federation by representatives of employers - federal government agencies, government agencies of constituent entities of the Russian Federation, municipal institutions and other organizations financed from the relevant budgets, during collective bargaining also include the relevant federal executive authorities, executive authorities of the constituent entities of the Russian Federation, other state bodies, and local government bodies.

In addition, when conducting collective negotiations and resolving collective labor disputes regarding their conclusion or changes, the interests of employers may be represented by the relevant associations of employers - non-profit organizations, uniting employers on a voluntary basis to represent the interests and protect the rights of their members in relations with trade unions, bodies state power and local government bodies (Article 33 of the Labor Code of the Russian Federation).

Since a collective agreement can be concluded not only in the organization as a whole, but also in its branches, representative offices and other separate structural units, for conducting collective negotiations on the preparation, conclusion or amendment of a collective agreement in such separate division the employer vests the necessary powers with the head of this unit or another person. The employer's interests in this case are represented on the basis of a power of attorney.

If the right to conduct collective bargaining on behalf of the employer is given, for example, to the deputy manager, the head of the legal department or other employees, the manager issues an order appointing these persons as the employer's representatives in collective bargaining.

The Labor Code does not establish the obligation to include specific provisions in the collective agreement; the content and structure of the collective agreement are determined by the parties. The main requirement according to Art. 9 of the Labor Code of the Russian Federation - when developing a collective agreement, it is unacceptable to include in it conditions that reduce the level of rights and guarantees established for the employee by labor legislation. If such terms are included, they will not apply.

However, in Art. 41 of the Labor Code of the Russian Federation establishes an approximate list of issues on which mutual obligations of employees and the employer may be included in a collective agreement. In accordance with this norm, the Ministry of Labor has developed a model of a collective agreement, which is advisory in nature and can be used by the parties when developing a draft of such an agreement.

At the same time, regulatory provisions must be included in the collective agreement if laws and other regulatory legal acts contain direct instructions on the mandatory consolidation of these provisions. For example, in Art. 45 of the Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service Russian Federation» it is stated that the duration of the annual additional paid leave for civil servants who have irregular working hours is determined by a collective agreement or the official regulations of the government agency.

Forms, systems and amounts of remuneration. According to Part 2 of Art. 135 of the Labor Code of the Russian Federation, remuneration systems, including tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal conditions, systems of additional payments and incentive allowances and bonus systems are established by collective agreements and agreements , local regulations in accordance with labor legislation and other regulations containing standards labor law. Thus, a collective agreement can establish all the elements that make up wages, from the minimum wage to various bonuses.

Pay attention! If the organization provides bonuses for holidays, which are allocated to employees from the organization’s profits, and not from the wage fund, they should not be included in this section, but rather included in the section “Social guarantees directly related to labor relations” (this section is provided layout of the collective agreement).

Payment of benefits, compensation. In a collective agreement, the parties may provide for the payment of benefits in addition to those established by the Labor Code. For example, payment of severance pay upon dismissal, if the basis for such payment is not established by the Labor Code, for example, upon termination of an employment contract by agreement of the parties.

A mechanism for regulating wages taking into account rising prices, inflation levels, and the fulfillment of indicators determined by the collective agreement. According to Art. 134 of the Labor Code of the Russian Federation, ensuring an increase in the level of real wages includes indexation of wages in connection with the increase in consumer prices for goods and services. Organizations financed from the relevant budgets carry out wage indexation in the manner established by labor legislation and other regulatory legal acts containing labor law standards; other employers - in the manner established by the collective agreement, agreements, and local regulations.

Employment, retraining, conditions for releasing workers. This section can define categories of employees who enjoy a preferential right to remain at work with equal labor productivity and qualifications (Part 3 of Article 179 of the Labor Code of the Russian Federation), measures taken by the employer in the event of the threat of mass layoffs (Part 4 of Article 180 of the Labor Code of the Russian Federation ), as well as the procedure and conditions for increasing the employee’s skill level.

Working time and rest time, including issues of granting and duration of vacations. This section of the collective agreement may provide additional conditions regarding working hours and rest periods. Thus, the employer can set the duration of the daily work shift (for creative workers), reduce the working hours for workers of certain categories without reducing wages, provide additional days off, additional vacations for workers.

Improving working conditions and safety for workers, including women and youth. The collective agreement may contain increased guarantees compared to those established for security safe conditions labor, reduced standards production or reduced working hours, for example for women or minors.

Respect for the interests of workers during the privatization of state and municipal property. The section may provide for the procedure and conditions for the participation of employees in the privatization of state or municipal property if the employer owns such property, in particular the expansion of the rights of trade unions in this matter (the participation of employee representatives in the privatization of state and municipal property is provided for in Article 21 of the Federal Law of January 12. 1996 N 10-FZ “On trade unions, their rights and guarantees of activity”).

Environmental safety and health protection of workers at work. This section may establish measures for the introduction of new technologies and methods of labor protection, preventive measures aimed at reducing the negative impact of production factors on the health of workers.

Guarantees and benefits for persons combining work and study. Chapter 26 of the Labor Code of the Russian Federation establishes guarantees and compensation for such employees. One of the grounds for providing guarantees is training in an educational institution that has state accreditation. As for the guarantees provided to employees in connection with training in institutions without state accreditation, they can be established by a collective agreement. In addition, the contract may provide for payment of training costs at the expense of the employer and other guarantees or compensation.

Health improvement and recreation for workers and members of their families. This may provide for the possibility and procedure for providing employees and members of their families with vouchers to sanatoriums and health camps, preventive medical examinations, classes in sports clubs, outings sporting events etc. These benefits can be provided to employees either entirely at the expense of the employer or with partial payment.

Partial or full payment for food for employees. The parties have the right to stipulate in the collective agreement the conditions for full or partial payment for employees’ meals, which can be in the form of monetary compensation in the established amount or the issuance of food coupons.

Monitoring the implementation of the collective agreement, the procedure for making changes and additions to it, the responsibility of the parties, ensuring normal conditions for the activities of employee representatives, the procedure for informing employees about the implementation of the collective agreement. This section can be divided into separate blocks.

The section “Monitoring the implementation of the collective agreement” can be combined with the “Procedure for informing employees about the implementation of the collective agreement.” This section defines the conditions under which control over the implementation of the collective agreement is carried out. According to Art. 51 of the Labor Code of the Russian Federation, such control is carried out by the parties to the social partnership, their representatives, and the relevant labor authorities. When carrying out this control, representatives of the parties are obliged to provide each other, as well as the relevant labor authorities necessary information no later than one month from the date of receipt of the request.

In addition, it is possible to establish in this section the obligation of the employer to provide the representative body of employees with information about the fulfillment of the terms of the contract, as well as the timing and procedure for its provision.

Article 44 of the Labor Code of the Russian Federation states that amendments and additions to the collective agreement are carried out in the manner established by the Labor Code of the Russian Federation for its conclusion, or in the manner established by the collective agreement. The possibility of establishing a procedure for making changes to the contract will make it possible to somewhat simplify this procedure, for example, not to conduct collective negotiations, but only to ensure that the changes are signed by the parties.

In the “Responsibility of the Parties” section, you can provide sanctions for the employer for failure to fulfill their obligations and sanctions for employees for abuse of the rights granted to them. At the same time, the employer should remember that the list of disciplinary sanctions is established by Art. 192 of the Labor Code of the Russian Federation, and for certain categories of employees, federal laws, charters and regulations on discipline may provide for other types of penalties. Therefore, an additional punishment for the employee in this case can only be the deprivation of additional benefits and compensation provided for by the collective agreement.

It is also possible to prescribe the provision of employee representatives with “normal conditions” - for example, to provide workers of the trade union organization with a separate room for holding meetings, storing documentation, as well as office equipment, communications equipment and the necessary regulatory legal documents.

Refusal to strike if the relevant terms of the collective agreement are met. This section of the collective agreement may provide that if the employer fulfills the terms of the agreement, employees do not have the right to go on strike. Otherwise, the employer has the right to go to court to declare the strike illegal.

Other issues determined by the parties. The employer and employees have the right to include in the employment contract any other conditions governing social and labor relations in the organization. This could be voluntary medical insurance for employees, non-state pension insurance, financial assistance, payment for mobile communications, employer assistance in improving the living conditions of employees, etc.

Based on other articles of the Labor Code, a collective agreement may also establish:

— the amount and procedure for payment of earnings (Article 22 of the Labor Code of the Russian Federation);

- the possibility of transferring employees to other vacancies available to the employer in other locations, in some cases, dismissal at the initiative of the employer (reduction in the number or staff of employees, inconsistency of the employee with the position held), due to circumstances beyond the control of the parties (disqualification or other administrative punishment, expiration, suspension for more than two months or deprivation of the employee special law etc.) (Articles 81, 83, 84 of the Labor Code of the Russian Federation), refusal of an employee to work under new conditions (Article 74 of the Labor Code of the Russian Federation), suspension from work (Article 76);

— list of positions of workers with irregular working hours (Article 101 of the Labor Code of the Russian Federation);

- forms of remuneration in non-monetary form(Article 131 of the Labor Code of the Russian Federation);

— specific amounts of pay for overtime work, for work on a day off or a non-working holiday (Articles 152, 153 of the Labor Code of the Russian Federation);

— the procedure and amount of reimbursement of expenses associated with business trips (Article 168 of the Labor Code of the Russian Federation);

- another.

In addition, the collective agreement, taking into account the financial and economic situation of the employer, may establish benefits and advantages for employees, working conditions that are more favorable than those established by laws, other regulations, agreements, for example, payment to the employee of average earnings during the period of suspension from work for medical indications(Article 73 of the Labor Code of the Russian Federation).

Procedure for concluding a collective agreement

So, as mentioned earlier, both employees and the employer can take the initiative and begin collective negotiations with the aim of concluding a collective agreement. The initiative is expressed by sending a written proposal to start collective bargaining to the other party.

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).

If the negotiations were initiated by representatives of employees, simultaneously with sending the proposal to the employer, it is also necessary to notify all other primary trade union organizations about this and, within the next five working days, create a single representative body with the consent of the remaining trade unions or include their representatives in the composition of an existing body. If within the specified period these organizations do not inform about their decision or refuse to send their representatives to the single representative body, then collective negotiations begin without their participation, however, within one month from the date of the start of negotiations, they retain the right to send their representatives.

The party receiving the proposal must respond in writing, indicating the party's representatives and their powers.

Pay attention! Persons participating in collective negotiations, by order of the employer, 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. At the same time, they cannot be subjected to disciplinary sanctions, transfers to another job or dismissal at the initiative of the employer without the prior consent of the representative body (except for cases of termination of the employment contract for committing an offense for which dismissal from work is provided) (Article 39 of the Labor Code of the Russian Federation).

If a negotiating party uses the services of experts, specialists and intermediaries, these services are paid for by the inviting party, unless otherwise provided by the collective agreement or agreement (Part 2 of Article 39 of the Labor Code of the Russian Federation).

The start day of collective negotiations is the day following the day the initiator of collective negotiations received the specified response (Article 36 of the Labor Code of the Russian Federation). 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).

To conduct negotiations, the parties form a commission that develops a draft collective agreement. To draw up a project, various information may be needed, which must be provided by the parties no later than two weeks from the date of receipt of the relevant request (Part 7, Article 37). Moreover, if this information contains state, commercial or other secrets protected by law, the participants in the negotiations should not disclose them. In this case, participants must be notified of this, and they, in turn, must give an undertaking of non-disclosure of such information. Persons who disclose this information are subject to disciplinary, administrative, civil, and criminal liability.

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. Moreover, if during collective negotiations no agreed decision is made on all or individual issues, then a protocol of disagreements is drawn up. The settlement of disagreements that arose during collective negotiations to conclude or amend a collective agreement is carried out in the manner established by Chapter. 61 “Consideration and resolution of collective labor disputes” of the Labor Code of the Russian Federation. Since the procedure for resolving labor disputes is quite complex, it is better for the parties to try to resolve all disagreements through negotiations.

So, after the draft collective agreement is agreed upon by the parties, it is signed by representatives of the employer and employees. On the employer’s side, it is signed by the head of the organization or an authorized person, and on the employees’ side by the chairman of the trade union organization or another representative elected at the general meeting by secret ballot.

What else should an employer know?

1. Changes and additions may be made to a collective agreement in the manner established by the Labor Code for its conclusion, or in the manner provided for by the collective agreement (Article 44 of the Labor Code of the Russian Federation). If a different procedure is not provided for by the collective agreement, they will have to be introduced through collective negotiations.

2. A collective agreement is concluded for a period of no more than three years and comes into force from the day it is signed by the parties or from the date established by this agreement. The term of the agreement can be extended by the parties for no more than three years (Parts 1, 2, Article 43 of the Labor Code of the Russian Federation).

3. Within seven days from the date of signing the collective agreement, the employer must send it for notification registration to the relevant labor authority. In this case, the document comes into force regardless of the fact of notification registration (Article 50 of the Labor Code of the Russian Federation).

4. The collective agreement remains valid in cases of change of the name of the organization, reorganization of the organization in the form of transformation, as well as termination of the employment contract with the head of the organization. When an organization is reorganized in the form of a merger, annexation, division, spin-off, or when an organization is liquidated, the collective agreement remains in force throughout the entire period of reorganization or liquidation (clauses 4, 6 of Article 43 of the Labor Code of the Russian Federation).

5. When reorganizing or changing the form of ownership of an organization, either party has the right to send proposals to the other party to conclude a new collective agreement or extend the validity of the previous one for up to three years (Part 7, Article 43).

6. When changing the form of ownership of an organization, the collective agreement remains in force for three months from the date of transfer of ownership rights (Part 5 of Article 43).

7. The validity of the collective agreement applies to all employees of the organization, and the validity of the agreement concluded in a branch, representative office or other separate structural unit of the organization applies to all employees of the corresponding unit.

8. When hired, the employee must be familiarized with the collective agreement before signing the employment contract and against signature (Article 68 of the Labor Code of the Russian Federation).

9. A collective agreement 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 the collective agreement, then they are not subject to application (Article 9 of the Labor Code of the Russian Federation). For example, if, by virtue of Art. 154 of the Labor Code of the Russian Federation, each hour of work at night is paid at an increased rate (plus 20% of the hourly tariff rate of salary), then a collective agreement cannot establish an additional payment of less than 20% of the hourly tariff rate of salary.

10. The employer bears administrative responsibility for:

- evasion of the employer or the person representing him from participation in negotiations on the conclusion, amendment or addition of a collective agreement or violation of the deadline established by law for negotiations, as well as failure to ensure the work of the commission for concluding a collective agreement within the time period specified by the parties (Article 5.28 of the Code of Administrative Offenses of the Russian Federation );

— failure by the employer or the person representing him to provide, within the period established by law, the information necessary for conducting collective negotiations and monitoring compliance with the collective agreement (Article 5.29 of the Code of Administrative Offenses of the Russian Federation);

— unjustified refusal by the employer or the person representing him to conclude a collective agreement (Article 5.30 of the Code of Administrative Offenses of the Russian Federation);

— violation or failure by the employer or a person representing him to fulfill obligations under a collective agreement (Article 5.31 of the Code of Administrative Offenses of the Russian Federation).

For these violations, punishment ranges from a warning to a fine in the amount of 1,000 to 5,000 rubles.

In conclusion

The collective agreement has important legal and socio-economic significance, since, on the one hand, it is a legal document of the organization that fulfills special role in the regulation of labor relations, and on the other hand, also a way of interaction between workers and employers, allowing them to harmonize their interests. The collective agreement also increases the guarantee of workers’ labor rights, thereby increasing motivation to labor activity and improving labor efficiency. In addition, it plays a significant role in resolving issues of remuneration of employees, justifies certain expenses of the organization (payment for travel of employees, additional payment for food, etc.), and may also have great value as a supporting document in the event of labor disputes or inspections by regulatory authorities.

_______________________________________________________________________________

(name of organization)

for ________________ year(s)

1. General provisions

The parties to this collective agreement are:

employer ____________________________________________________________________,

(name of the organization, branch, representative office, other separate structural unit of the organization, individual entrepreneur)

in the face ____________________________________________________________ ,

(position, full name of the head of the organization, individual entrepreneur or persons authorized by him in accordance with the Labor Code of the Russian Federation, laws, other regulatory legal acts, constituent documents of the organization and local regulations)

acting on the basis of the Charter (power of attorney, other constituent documents and local regulations) “hereinafter - the Employer” and the primary trade union organization __________________________________

___________________________________________________________________

(full name of PPO and trade union)

(hereinafter referred to as the primary trade union organization), acting on the basis of the Charter (regulations) and representing, in the manner established by law and the Charter of the trade union (Regulations on PPO), the Workers, represented by its Trade Union Committee (hereinafter referred to as the Trade Union Committee).

1.1. This collective agreement is a legal act regulating social and labor relations between the employer and employees on the basis of coordination of the interests of the parties.

The subject of this agreement is mainly additional provisions in comparison with the legislation on working conditions and remuneration, social and housing services for the organization's employees, guarantees and benefits provided by the employer.

This agreement also reproduces the main provisions of labor legislation that have highest value for employees, and also provisions that are subject to mandatory enshrinement in the collective agreement, in accordance with current legislation (articles of the Labor Code of the Russian Federation are indicated).

This collective agreement applies to all employees of the organization.

This collective agreement was developed and concluded voluntarily by equal parties on the basis of compliance with the law, the authority of representatives of the parties, freedom of choice, discussion and resolution of issues that constitute its content, and the reality of ensuring the obligations assumed. The parties confirm that they are bound by the terms of this agreement.

To ensure the regulation of social and labor relations, conducting collective negotiations and preparing draft collective agreements, concluding collective agreements

contracts, as well as to organize control over their implementation on an equal basis, by decision of the parties, commissions are formed from representatives of the parties vested with the necessary powers.

The parties join the industry (regional) agreement (registration number and date) and undertake to comply with all its requirements.

In cases where several agreements apply to employees at the same time, the terms of the agreements that are most favorable for the employee are applied (Article 48 of the Labor Code of the Russian Federation).

The employer recognizes the trade union committee as a full representative of the organization’s employees under all terms of the collective agreement and undertakes not to use the presence (emergence) of other representative bodies of employees to impede the legitimate activities of the trade union.

2. Labor relations, rights and obligations of the parties to labor relations

The parties agreed to pursue a policy aimed at increasing production efficiency, improving the quality of products and reducing their costs, increasing labor productivity through the implementation new technology and technology, progressive forms of organization and remuneration. For these purposes

R employer undertakes:

2.1. to achieve successful organization of improving production culture and labor discipline, to improve the material condition of Workers, their professional level, to prevent cases of reduction of tariff rates and prices below the established ones.

2.2. provide Employees with the necessary material and technical resources and financial resources to carry out the production program.

2.3. create conditions for the growth of labor productivity, and the development of advanced experience, achievements of science and technology.

2.4. create conditions to ensure full employment of Workers.

2.5. conduct professional training, retraining, advanced training of Workers, training them in second professions in the organization, and, if necessary, in educational institutions primary, secondary, higher - vocational and additional education.

2.6. provide the Trade Union Committee with the necessary information free of charge:

• for conducting collective negotiations no later than two weeks from the date of receipt of the relevant request from the Trade Union Committee;
• to monitor the implementation of the collective agreement no later than one month from the date of receipt of the relevant request from the Trade Union Committee;
• on issues directly affecting the interests of employees;
• about the upcoming reorganization or liquidation of the organization;
• o the introduction of technological changes entailing changes in the working conditions of workers;
• on professional training, retraining and advanced training of workers;
• about labor conditions and safety in the workplace, about the existing risk of damage to health, as well as about measures to protect against the influence of harmful and (or) hazardous production factors;
• about the results of production economic activity;
• on changes in production development indicators, norms and standards, technologies, etc.;
• on the appointment and dismissal of heads of the organization and its divisions;
• about upcoming changes to the terms of employment contracts with employees determined by the parties no later than two months in advance;
• on the introduction of technological changes in production.

2.7. take into account the opinion of the primary trade union organization on the current and long-term plans and programs of the Employer.

2.8. create conditions that ensure the participation of Employees in the management of the organization, in the forms:

• taking into account the opinion of the Trade Union Committee or agreeing with the Trade Union Committee on local regulations in cases provided for by the Labor Code of the Russian Federation, as well as this collective agreement;
• holding consultations with the Trade Union Committee on the adoption of local regulations;
• providing information on issues directly affecting the interests of employees, including the average and minimum wages of employees, etc. (give a list);
• discussions with the Trade Union Committee on issues about the work of the organization, making proposals for its improvement;
• discussions with the Trade Union Committee on plans for the socio-economic development of the organization;
• participation of workers in the development and adoption of collective agreements, including through discussion of draft collective agreements, amendments and additions to them and their approval at a general meeting (conference) of employees;
• (list additional forms), for example, “participation of the Chairman of the trade union committee in operational meetings, approval of the appointment of managers, etc.).

The trade union committee undertakes:

2.9. promote the sustainable activities of the organization using methods inherent in trade unions, incl. renewal and development, together with the employer, of economic labor competition of Workers, increasing the efficiency of their work.

2.10. promote compliance with the Employer’s internal labor regulations, timely and high-quality performance of labor duties.

2.11. represent the interests of Employees in resolving issues affecting their social and labor rights and legitimate interests in relations with the employer, as well as in resolving disagreements and resolving labor disputes with the Employer.

2.12. seek from the Employer the suspension (cancellation) of decisions that contradict labor legislation, collective agreements, agreements, and local regulations.

2.13. monitor the Employer’s compliance with labor legislation, local regulations, terms of the collective agreement, agreements (Article 41 of the Labor Code of the Russian Federation).

2.14. represent and protect the social and labor rights and legitimate interests of Employees in government bodies, local governments, control and supervisory bodies, and bodies for the consideration of individual labor disputes.

2.15. to ensure that the Employer ensures healthy and safe working conditions in the workplace, improves sanitary and living conditions, and implements the agreement on labor protection.

2.16. participate in the formation and make proposals to the Employer for improving systems and forms of remuneration, organization management, developing current and long-term plans and programs for socio-economic and personnel development, developing economic competition that promotes the full, high-quality and timely fulfillment of duties under the employment contract.

2.17. propose measures for the socio-economic protection of Workers, including those released as a result of the reorganization or liquidation of the Employer, downtime, changes in the terms of the employment contract determined by the parties, monitor employment and compliance with employment legislation; make proposals to reschedule or temporarily suspend the implementation of measures related to the mass release of Workers, reduction of the number or staff of Workers.

2.18. carry out independently, through authorized persons for labor protection, labor inspection, control over compliance with labor legislation, including control over compliance with labor protection and environmental rules.

2.19. to achieve an increase in real wages and an increase in its share in the cost of work, services, and products. Contribute to the creation of favorable conditions to improve the living standards of Employees and members of their families.

2.20. conduct cultural and recreational events among Employees and members of their families.

Employees undertake:

2.21. conscientiously fulfill their labor duties assigned to them by the employment contract and internal labor regulations.

2.22. comply with internal labor regulations, labor discipline, labor protection and labor safety requirements.

2.23. comply with established labor standards.

2.24. treat with care the property of the employer (including the property of third parties owned by the employer) and other employees.

2.25. create and maintain a favorable working atmosphere in the team, respect each other’s rights.

2.26. not to commit actions that entail damage to the Employer.

2.27. immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties located at the employer).

The employer has the right

2.29. encourage Employees for conscientious, effective work.

2.30. attract Employees to disciplinary liability in the manner established by the Labor Code of the Russian Federation and other federal laws.

2.31. adopt local regulations.

2.32. create associations of employers for the purpose of representing and protecting their rights and join them.

The trade union committee has the right:

2.33. receive the necessary information from the Employer (his representatives) on social, labor and labor-related economic issues.

2.34. freely disseminate information about your activities.

2.35. provide information and methodological, advisory, legal, financial and other types of practical help Workers who are members of a trade union.

The employee has the right to:

2.36. conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.

2.37. provision of work stipulated by an employment contract.

2.38. a workplace that meets state regulatory requirements for labor protection and the conditions provided for by collective and labor contracts and agreements.

2.39. timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed.

2.40. rest ensured by the establishment of normal working hours, reduced working hours (for relevant categories of Employees), provision of weekly days off, non-working holidays, paid annual leave.

2.41. complete reliable information about working conditions and labor protection requirements in the workplace.

2.42. vocational training and retraining, advanced training.

2.43. participation in the management of the organization as provided for in this collective agreement.

2.44. merger into trade unions to protect their social and labor rights, freedoms, and legitimate interests.

2.45. compensation for damage caused in connection with the performance of work duties, incl. moral damage, in the manner prescribed by law.

2.46. conducting collective negotiations and concluding a collective agreement through the Trade Union Committee (primary trade union organization), as well as information on the implementation of the collective agreement.

2.47. protection of their individual labor rights, freedoms and legitimate interests by all methods not prohibited by law.

2.48. compulsory social, medical insurance, pension provision in cases provided for by federal laws.

3. Employment contract, employment security

3.1. The parties proceed from the fact that employment relations upon entering a job are formalized by concluding a written employment contract for an indefinite period.

An employment contract for a specified period is concluded only in cases provided for by law.

Labor relations between the manager and the organization are regulated by an employment contract, concluded taking into account the requirements of current legislation, the charter of the organization and this collective agreement.

The terms of the employment contract when concluding it are determined by laws, other regulatory legal acts and agreement of the parties. The standard form of the employment contract is adopted by the employer, taking into account the opinion of the trade union committee.

3.2. The employer and employees undertake to comply with the terms of the concluded employment contract. In this regard, the employer does not have the right to require employees to perform work not stipulated by the employment contract. Transfer to another job without the employee’s consent is permitted only in cases provided for by law.

3.3. All issues related to the reduction of the number of employees are considered by the employer together with the trade union committee. Based on the results of joint consultations, this collective agreement may additionally include measures aimed at preserving employment and protecting laid-off workers.

3.4. The parties understand that the efficiency of the enterprise, its survival and competitiveness depend decisively on the agreement of the personnel with the goals and policies of management, on the effective use of the skills and experience of employees, on the employee’s satisfaction with his work, the enterprise and the quality of working life, the clarity of the policy of humanization of labor relationships.

The employer undertakes to allocate _______% of investment funds for the development of the production team and its adaptation to market living conditions.

Investments in human capital are distributed taking into account the opinion of the trade union committee and primarily for the following purposes:

• search and hiring ______ scarce specialists in management, marketing, financial management ______ rubles;
• retraining _____ experienced specialists with referral to educational institutions at the expense of the organization ______ rubles;
• organization of training for line and functional managers (managers) on entrepreneurship). computer science, new technologies and other advanced training needs _______ people, ______ rubles ;
• organization of industrial training for ______ workers, including in the following professions and specialties (list according to the industrial training plan) ______ rubles;
• organization of general economic education to study the market economy, investment opportunities and saving money, conditions for additional employment and family entrepreneurship _______ people, ______ rubles.

3.5 The parties agreed to develop and adopt a personnel management system based on the latest technologies for working with personnel before _______.

Over the course of a year, the employer develops a system for personnel promotion (career) taking into account the business abilities of employees, including the field of management, innovation and rationalization of production.

3.6 The employer will support the organization of a business center to create areas and production facilities for additional and secondary employment, promoting the formation of individual and family businesses.

3.7 The employer provides for the following job quotas for ______ year:

• ______ jobs for the employment of children of the organization’s employees;
• ______ jobs for the employment of young people who have graduated from secondary schools and vocational schools;
• ______ jobs for people with reduced working ability (disabled people) and those injured at work.

3.8 The employer undertakes to create ______ additional jobs to hire young people. The employer informs employees quarterly about available vacancies. Employees of the enterprise have the right of priority to fill vacant jobs and positions. The procedure for filling vacancies is established by the employer, taking into account the opinion of the trade union committee (option: Refusal to conclude an employment contract for a vacant position is not allowed for reasons unrelated to the employee’s business qualities).

3.9 The employer undertakes, when concluding contracts with suppliers and subcontractors, to include a special provision stating that they undertake not to use child labor outside the framework of labor law in force in the Russian Federation.

3.10. The employer undertakes not to impose a test when hiring persons under the age of 18.

3.11. The employer undertakes to carry out, at his own expense, when hiring persons under the age of 18, a preliminary medical examination and subsequently, until the age of 21, an annual medical examination.

3.12. The employer undertakes to create necessary conditions to combine work with training for workers undergoing vocational training on the job or studying in educational institutions on the job, in accordance with current legislation. Persons receiving a second education of the appropriate level are provided with: _______________________________________________________________________________.

Persons studying in educational institutions that do not have state accreditation , are provided : _________________________________________________

The parties agreed that persons combining work with study are provided with the following benefits:___________________________________________________________.

For employees who are sent for training by the employer or who independently enroll in state-accredited bachelor's degree programs, specialty programs or master's programs in part-time and part-time forms of study and who successfully master these programs, the employer provides additional leave while maintaining average earnings for:

• passing intermediate certification in the first and second courses, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering educational programs higher education in a shortened time in the second year - 50 calendar days);
• passing the state final certification - up to four months in accordance with curriculum educational program of higher education mastered by the employee;

• employees - students of preparatory departments of educational organizations of higher education to pass the final certification - 15 calendar days;
• employees studying in state-accredited bachelor's degree programs, specialist programs or master's programs in full-time training combining education with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending a final qualifying thesis and passing final state exams - four months, for passing final state exams - one month.

For employees who successfully complete a state-accredited bachelor's degree program, specialist degree program or master's degree program via correspondence education, once per academic year the employer pays for travel to the location of the relevant organization carrying out educational activities, and back.

Employees studying state-accredited bachelor's degree programs, specialist programs or master's programs in part-time and part-time forms of study for a period of up to 10 academic months before the start of the state final certification are established at their request with a working week shortened by 7 hours. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the duration of the working day during the week. (Article 173 of the Labor Code of the Russian Federation)

Employees who successfully master state-accredited secondary education programs vocational education For part-time and part-time forms of study, the employer provides additional leave while maintaining average earnings for:

• passing intermediate certification in the first and second years - 30 calendar days, in each of the subsequent courses - 40 calendar days;
• passing the state final certification - up to two months in accordance with the curriculum of the educational program of secondary vocational education mastered by the employee;
• The employer is obliged to provide leave without pay:
• employees admitted to entrance examinations, - 10 calendar days;
• for employees mastering state-accredited educational programs of secondary vocational education on full-time basis and combining education with work, for passing intermediate certification - 10 calendar days in the academic year, for passing state final certification - up to two months.

For employees completing state-accredited educational programs of secondary vocational education via correspondence courses, the employer pays for travel to their location once per academic year educational organization and back in the amount of 50 percent of the fare.

For employees who are mastering state-accredited educational programs of secondary vocational education in full-time and part-time forms of study, within 10 academic months before the start of the state final certification, a working week shortened by 7 hours is established at their request. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, concluded in writing, a reduction in working hours is carried out by providing the employee with one day off from work per week or by reducing the duration of the working day (shift) during the week (Article 174 of the Labor Code of the Russian Federation)

For employees who successfully master state-accredited educational programs of basic general or secondary general education through part-time and part-time education, the employer provides additional leave with preservation of average earnings for passing the state final certification for the educational program of basic general education for a period of 9 calendar days, for the educational program of secondary general education for a period of 22 calendar days.

During the academic year, employees who are mastering state-accredited educational programs of basic general or secondary general education through part-time and part-time education are assigned, at their request, a working week shortened by one working day or by the corresponding number of working hours (if the working day is shortened ( shifts) during the week). During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage (Article 176 of the Labor Code of the Russian Federation)

The need for employee training (vocational education and vocational training) and additional vocational education for the needs of the organization is determined by the employer.

Training of employees and additional professional education of employees is carried out by the employer according to the plan (Appendix No.).

The forms of training and additional professional education of employees, the list of required professions and specialties are determined by the employer, taking into account the opinion of the representative body of employees.

For employees undergoing training, the employer creates the necessary conditions for combining work with education, provides guarantees established by labor legislation (Appendix No.) (Article 196 of the Labor Code of the Russian Federation)

The employer undertakes to completely exempt employees under the age of 18 from working under an employment contract when concluding an apprenticeship contract.

The employer undertakes, at the request of the students, to coincide the annual leave of in-service students with the time of exams.

Employees admitted to entrance examinations to higher and secondary specialized educational institutions are given _____ days leave with pay (_____% of the average salary).

Employees studying in evening and part-time higher and secondary specialized educational institutions are provided with paid leave in connection with their studies in accordance with the established procedure, as well as other benefits: ________________________________________________

___________________________________________________________________________

The employer undertakes to establish, at the request of employees undergoing on-the-job training, individual work schedules: length of the working week, duration of shifts, beginning and end of work shifts, the use of flexible (sliding) work schedules - where production conditions admit this possibility.

The employer, within ______, determines, taking into account the opinion of the trade union committee, the procedure for remuneration of qualified workers and specialists undergoing retraining and advanced training to fill new and vacant jobs.

During the apprenticeship period, the employer undertakes to establish scholarships for students under the age of 18 in the amount of ______ rubles. (not lower than the minimum wage established in the organization).

3.13. The employer undertakes to submit to the trade union committee in advance, no later than 3 months, draft orders on reductions in numbers and staffing levels, plans and schedules for the release of workers broken down by month, a list of positions and employees being reduced, a list of vacancies, and proposed employment options.

The employer informs the relevant higher trade union bodies, as well as the employment service, about the possible mass layoff of workers at least three months in advance.

The parties agreed that, in relation to this organization, the release is massive according to the criteria established in industry agreements)

The employer undertakes, if necessary, to reduce the number of employees if possible by eliminating vacancies, dismissing temporary and seasonal workers, and not involving foreign citizens in the work.

The parties agreed that in exceptional cases, if the organization is experiencing economic difficulties that are insurmountable at the moment, the employer, in agreement with the trade union committee, may temporarily suspend the work of individual units without taking measures to reduce the number of employees or pay workers, formalizing this as downtime due to the fault of the employer.

The parties agreed that pre-emptive right In addition to the persons specified in the legislation, remaining at work during staff reductions also includes:

• persons of pre-retirement age (two years before retirement):
• have worked at the enterprise for over 10 years;
• single mothers with children under 16 years of age;
• fathers raising children under 16 years of age without a mother;
• received a work injury in the organization;
• disabled people from childhood, if for health reasons they can continue to work.

Persons dismissed from work due to staff reduction have, other things being equal, a preferential right to occupy vacancies that open during the year in the organization and thereby to return to the organization.

Pregnant women and women with children under 3 years of age (option: single if they have a child under 14 years of age or a disabled child under 18 years of age), as well as minors, cannot be dismissed at the initiative of the employer, except in cases of complete liquidation of the organization. In this case, the employer (or the legal successor of the organization) is obliged to take measures for their employment in another organization in their previous profession, specialty, qualifications, and in the absence of such an opportunity, to provide them with employment, taking into account the wishes of the dismissed person and public needs based on data received from the state employment service and with their help.

Termination of an employment contract without taking the specified measures is not permitted.

The parties agreed that in the event of an upcoming staff reduction, persons subject to layoffs must be notified of dismissal in writing at least 3 months in advance.

When an employee is dismissed due to staff reduction, severance pay is paid in an increased amount compared to that established by law:

• for persons who have worked in the organization for more than 10 years, _____% of average monthly earnings;
• for persons who have worked in the organization from 5 to 10 years, ______% of average monthly earnings.

Persons who have received notice of dismissal due to a reduction in headcount or staffing are given time off from work (at least 4 hours per week) to look for a new job while maintaining average earnings.

The employer undertakes to pay extra _______% from the organization’s funds within ______ months minimum payment labor to the benefit paid to dismissed employees who have worked in the organization for at least 10 years and received the status of unemployed.

The employer undertakes within ______ months, subject to refusal of relevant payments from local budget and employment fund:

• provide dismissed employees with a subsidy for the use of housing and utilities in the amount of ______% of the cost;
• reimburse dismissed employees for the cost of use public transport in the amount of ______% of the cost;
• issue a loan on preferential terms for starting your own business in the total amount of ______ rubles.

The parties agreed to retain for ______ years the right to use the services of the social and cultural sphere of the organization, as well as the right to receive housing for employees dismissed from the enterprise due to reduction in headcount or staff. (2.28-2.40 Article 180 of the Labor Code of the Russian Federation)

3.14. The procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, work hours, rest periods, incentives and penalties applied to employees, etc. are regulated by the Internal Labor Regulations, which are annex to this agreement (Appendix No.) (Article 190 Labor Code of the Russian Federation)

3.15. The employer is obliged to create conditions for employees necessary to comply with labor discipline, incl. provide workers with equipment, tools, technical documentation and other means necessary for the performance of their labor duties: to provide for the everyday needs of employees, etc.

An employer does not have the right to bring an employee to disciplinary liability (when establishing the cause of a disciplinary offense) if he has not provided the employee with the necessary conditions to perform his job duties.

3.16. The parties agreed to organize and conduct the annual Production Excellence Competition “Best in the Profession” in accordance with the developed and approved Regulations on the competition.

The employer undertakes to create prize fund in order to encourage the nominees of the Competition.

3.17. The employer encourages employees who conscientiously perform their job duties (declares gratitude, gives a bonus, awards a valuable gift, a certificate of honor, nominates them for the title of the best in the profession, etc.) (Article 191 of the Labor Code of the Russian Federation)

Working time and rest time

3.18. The working hours are established by the Internal Labor Regulations, approved by the Employer taking into account the opinion of the Trade Union Committee (Appendix No. _), as well as shift schedules (Appendix No. __), drawn up taking into account the opinion of the Trade Union Committee.

Shift schedules are brought to the attention of Employees no less than __ (specify a month or more) before they come into effect (Articles 100, 103, 190 of the Labor Code of the Russian Federation).

When regulating working time, the parties proceed from the fact that its normal duration cannot exceed 40 hours per week.

The duration of daily work (shift) cannot exceed (Article 94 of the Labor Code of the Russian Federation):

• for workers aged from fifteen to sixteen years - 5 hours, for workers aged from sixteen to eighteen years - 7 hours;
• for students in basic general education programs and educational programs of secondary vocational education, combining education with work during the academic year, from fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 4 hours;
• for disabled people - in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:

• with a 36-hour work week - 8 hours;
• with a 30-hour work week or less - 6 hours.

Industry (inter-industry) agreement and collective agreement, as well as if there is written consent employee, formalized by concluding a separate agreement to the employment contract, an increase in the maximum permissible duration of daily work (shift) may be provided in comparison with the duration of daily work (shift) established by part two of this article for employees engaged in work with hazardous and (or) hazardous working conditions, subject to the maximum weekly working hours:

• with a 36-hour work week - up to 12 hours;
• with a 30-hour work week or less - up to 8 hours.

Duration of daily work (shift) of creative workers mass media, cinematography organizations, television and video filming crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, is established by a collective agreement.

For workers engaged in work with hazardous working conditions, a reduced working time of no more than 36 hours per week is established. The list of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to reduced working hours, is approved by the employer, taking into account the opinion of the trade union committee, and is attached to the collective agreement. The reduced working hours are established (Article 92 of the Labor Code of the Russian Federation):

• for workers under the age of sixteen - no more than 24 hours a week;
• for workers aged sixteen to eighteen years - no more than 35 hours per week;
• for employees who are disabled people of group I or II - no more than 35 hours per week;
• for workers whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions - no more than 36 hours per week.

3.19. The reduction in working hours provided for by law and this collective agreement is established without reducing the amount of wages.

The individual working week may be evenly or unevenly distributed over five working days from Monday to Friday.

In some cases, it may be spread over several weeks. The working time balance must be adjusted within no more than 3 months.

An employee can be brought to work on a day of rest established for him only with his written consent and on the basis of a written order (instruction) of the manager, taking into account the opinion (or as agreed) of the Trade Union Committee (Article 113 of the Labor Code of the Russian Federation).

All employees are provided with days off (weekly uninterrupted rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off.

The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row (Article 111 of the Labor Code of the Russian Federation).

3.20. In continuous production, where the working hours cannot be organized according to schedules of a five- or six-day working week, shift schedules are used that ensure continuous work of personnel in shifts of equal duration, regular days off for each employee, rest time of at least double the duration of the shift, the procedure for providing time off for overtime.

These schedules are an appendix to the collective agreement (Article 103 of the Labor Code of the Russian Federation)

3.21. The employer keeps records of working hours and takes all measures to ensure that the duration of working hours during the accounting period does not exceed the normal number of working hours.

3.22. The parties agreed on the need to approve a list of works for which it is allowed to divide the day into parts. A list of works indicating the number of employees is attached to the collective agreement.

3.23. On the eve of non-working holidays, the duration of work is reduced by one hour, both in a five-day and a six-day work week. This rule also applies in cases of transferring a day off in accordance with the established procedure to another day of the week in order to sum up days of rest, when a holiday is preceded by a day off in accordance with the schedule, as well as in relation to persons working under a reduced working hours regime.

Working hours on December 31st are set to 2 p.m. The working time lost in this way is compensated by hourly pay without allowances or bonuses.

3.24. The parties have established that the unconditional right to work part-time, in addition to persons for whom these issues are resolved by law, also have persons who have partially lost their professional ability to work, ____________________________.

The employer undertakes to establish the part-time or part-time working week requested by the applicant within a week. The application of such a regime does not entail any restrictions on the rights of the employee (duration of leave, calculation of length of service, etc.). In these cases, remuneration is made in proportion to the time worked or depending on output.

In addition to the cases provided for by law, shortened working hours may be applied at the request of the employee:

• for women with children under 8 years of age;
• persons who have partially lost their ability to work at work.

To ensure conditions that allow women to combine work with motherhood, the employer undertakes to establish for women with children under the age of ______ a shortened hourly week without a reduction in wages.

3.25. The parties agreed that overtime work, i.e. work beyond the established working hours can be carried out on the initiative of the employer only taking into account the opinion of the trade union committee, with the consent of the employee and in compliance with the restrictions provided for by law.

3.26. The parties recognize that work in the evening and at night is unfavorable for people and is subject to both compensation in monetary terms and regulation of the possibilities for using workers at this time.

Evening work is considered to be from 16:00 to 22:00, night work is considered to be from 22:00 to 6:00. In addition to compensation and restrictions provided for by law and this collective agreement, work in the evening and at night may be limited to employees for medical reasons.

Night work hours are reduced by one hour, with a corresponding reduction in normal working hours. This rule also applies to employees who have already been assigned reduced working hours for other reasons.

In continuously operating industries and in certain types of work, where production (work) conditions make it impossible to reduce the duration of daily work at night, overtime is compensated by providing additional rest time.

The employer undertakes not to allow employees under the age of 18 to work at night or overtime.

3.27. A business trip is the performance of work outside the permanent place of work and residence. If sent on a business trip, the employer is obliged to compensate the employee for:

• travel expenses;
• expenses for renting residential premises;
• additional expenses associated with living outside the place of permanent residence (per diem);
• other expenses incurred by the employee with the permission or knowledge of the employer (Article 168 of the Labor Code of the Russian Federation)

Travel time associated with business trips is considered working time.

3.28. When an employee moves, by prior agreement with the employer, to work in another location, the employer is obliged to compensate the employee for:

expenses for moving the employee, members of his family and transporting property (except for cases where the employer provides the employee with appropriate means of transportation);

expenses for settling into a new place of residence. (Article 169 of the Labor Code of the Russian Federation)

3.29. Employees who are not supposed to be in the organization, but are required to be ready to come to work when called by the employer, receive a monetary remuneration for this in the amount of __________________.

The following professions are established for workers who are required to come to work when called:

• working on conveyors;
• repair workers and emergency services;
• specialists in labor protection and ecology.

The duration of readiness is determined at 3 hours after the start of the shift for those working on assembly lines, for other workers according to a separate schedule agreed with the trade union committee.

3.30. The parties agreed that work on weekends is possible only in cases and in compliance with the restrictions provided for by law, as well as with the consent of the employee.

Work on a day off is compensated by double pay or the provision of another day of rest within _____ (specify the period).

Employment on holidays is compensated by double pay. In addition, the parties agreed to provide another paid day of rest in the next two weeks for work on a holiday.

3.31. Time for changing clothes, washing, as well as breaks for breakfast and lunch are not included in the working hours. In industries where, due to working conditions, a break cannot be established, the employee is given the opportunity to eat food during the work shift without deductions from wages.

The list of such production and work, the order and place of meals are established by the employer, taking into account the opinion of the trade union committee and are attached to the collective agreement (Appendix No.)

The parties agreed on the need for certain types of work to provide employees with intra-shift breaks during working hours, as well as special breaks for heating and rest, determined by the technology and organization of production and labor.

The types of such work, the duration and procedure for providing such breaks are attached to the collective agreement (Appendix No.).

3.32. The parties, based on the fact that the order of granting leave is established

the employer, taking into account the opinion of the trade union committee, undertakes to approve and bring to the attention of employees the annual leave schedule by December 15.

The duration of basic annual leave for all categories of employees cannot be less than 28 calendar days.

By agreement between the employee and the employer, annual paid leave can be divided into parts. In this case, one of the parts must be at least 14 calendar days.

The employee must be notified by signature of the start time of the vacation two weeks before it begins.

Recall of an employee from vacation is permitted only with his consent. Employees under the age of 18, pregnant women and employees engaged in work with hazardous working conditions are not allowed to be recalled from vacation.

Failure to submit or use vacation for two consecutive years is prohibited.

The employer establishes a part-time or part-time work week upon the written application of a pregnant woman, one of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age), as well as a person caring for a sick family member in accordance with the medical report. When working part-time, remuneration is made in proportion to the time worked or depending on the amount of work performed.

One of the parents (guardian, trustee) for the care of disabled children and people with disabilities from childhood until they reach the age of 18 years, upon his written application, is provided with four additional paid days off per month, which can be used by one of these persons or divided between them at their discretion. Payment for additional days off is made in the amount and manner established by current legislation.

Spouses, parents and children working in the same organization are entitled to simultaneous leave. If one of them has a longer vacation, then the other can take out the corresponding number of days of vacation without pay.

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours (List Appendix No.) (Article 116 of the Labor Code of the Russian Federation).

Annual additional paid leave is provided to employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as harmful working conditions of the 2nd, 3rd or 4th degree or hazardous working conditions.

The minimum duration of annual additional paid leave for employees is 7 calendar days.

The duration of the annual additional paid leave of a particular employee is established by an employment contract on the basis of industry (inter-industry), regional agreements, taking into account the results of a special assessment of working conditions.

On the basis of industry (inter-industry), regional agreements, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, part of the annual additional paid leave, which exceeds the minimum duration of this leave, can be replaced by separately established monetary compensation in the manner, amount and on the terms established by the industry (inter-industry) agreement (establish here the procedure of Article 117 of the Labor Code of the Russian Federation).

The parties agreed to establish and pay for additional vacations at the expense of wages:

• for work in harmful and difficult working conditions ______ working days;
• for work according to a continuous workweek schedule with a multi-shift work schedule ______ working days (calendar days);
• for achieving high results in work ______ working days (calendar days);
• for performing particularly important and particularly complex work ______ working days (calendar days);
• for work with irregular working hours ______ working days (calendar days) (Article 119 of the Labor Code of the Russian Federation).

List of positions for workers with irregular working hours Appendix No. (Article 101 of the Labor Code of the Russian Federation).

These vacations are cumulative with a minimum vacation of 28 calendar days.

The parties agreed to allow women with children under 14 years of age, a disabled child under 18 years of age, at their request, to take annual leave in the summer or at a time convenient for them, and leave without pay lasting ______ (3-4) weeks during the period when production conditions allow.

The parties agreed to provide social leave in excess of the established duration:

• for pregnancy and childbirth ____ calendar days;
• for the care of young children (up to ______ years) ______ calendar days;
• employees with children (up to ______ years) ______ calendar days;
• employees with children of primary school age, one day on Knowledge Day - September 1;
• in connection with training ______ calendar days;
• sabbatical leave ______ calendar days.

The employer, taking into account the opinion of the trade union committee, as an incentive, can provide individual employees with additional paid leave:

• for full completion of the annual working time standard, i.e. persons who do not have common diseases during the year, ______ working days (calendar days);
• for ______ working days (calendar days).

These holidays can be combined with annual leave or, at the employee’s request, provided separately. The summation of these vacations is allowed for no more than 2 years. No compensation will be paid upon dismissal for unused incentive leave.

The parties agreed that the employee has the right to unhindered receipt of short-term leave without saving (with preservation) of wages in addition to the cases provided for by law, also in connection with:

• with the employee’s wedding ______ days:
• children's wedding______ days:
• death of loved ones ______ days;
• birth of a child ______ days:
• moving to a new place of residence ______ days;
• women with children under the age of 8 (10-12) years ______ days;
• in other unusual cases, by agreement between employees and the employer;

At the request of the employee, the vacation is transferred to another period if he has not been paid in a timely manner for the duration of the vacation.

make payment for vacation no later than __ days (specify at least three days) before the start of vacation (Article 136 of the Labor Code of the Russian Federation). In the event of untimely payment for the period of annual paid leave or if the employee was notified of the start time of this leave later than two weeks before its start, at the written request of the employee, transfer the annual paid leave to another period agreed with the employee

For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, based on a written application from the employee, to provide leave without pay:

• participants of the Great Patriotic War- up to 35 calendar days a year;
• for working old-age pensioners (by age) - up to 14 calendar days per year;
• parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, authorities for control of the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penal system, who died or died as a result of injury, concussion or injury, received in the performance of duties military service(service), or due to illness associated with military service (service) - up to 14 calendar days a year;
• for working disabled people - up to 60 calendar days per year;

Remuneration

3.33. The parties agreed to pursue a wage policy aimed at increasing real wages and advanced indexation at least ______% above the increase in consumer prices on an average monthly basis.

Approve the Regulations on remuneration and material incentives (hereinafter referred to as the Regulations) and put them into effect from “____”_______.

All emerging issues in the field of remuneration that are not regulated by the Regulations on remuneration and this agreement are resolved in strict accordance with current legislation through negotiations and agreements with the trade union committee.

Pay Employees on the basis of the Regulations on wage systems, including tariff rates, salaries (official salaries) not lower than the minimum wage, which is adopted by the Employer in agreement with the Trade Union Committee and is an integral part of this collective agreement (Appendix No.____) ;

(Article 135 of the Labor Code of the Russian Federation).

Accrue and pay incentive payments (additional payments and incentive allowances, bonuses and other incentive payments) in accordance with the Regulations adopted taking into account the opinion of the Trade Union Committee (Appendix No. ____);

Remuneration systems (including tariff remuneration systems) for employees of state and municipal institutions are established:

• in federal government institutions - collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation (list acts)
  On the introduction of new systems of remuneration for employees of federal budgetary and government institutions and federal government bodies, as well as civilian personnel of military units, institutions and divisions of federal executive authorities, in which the law provides for military and equivalent service, the remuneration of which is currently carried out on the basis of the Unified tariff schedule for remuneration of employees of federal government institutions, see Decree of the Government of the Russian Federation of August 5, 2008 N 583
• in state institutions of the constituent entities of the Russian Federation - collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation (list the acts)
• in municipal institutions - collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local governments (list the acts)

The wages of employees of state and municipal institutions cannot be lower than the basic salaries (basic official salaries) established by the Government of the Russian Federation, the basic wage rates of the corresponding professional qualification groups.

Remuneration systems for employees of state and municipal institutions are established taking into account the unified tariff and qualification directory of works and professions of workers, the unified qualification directory of positions of managers, specialists and employees or professional standards, as well as taking into account state guarantees for remuneration, recommendations of the Russian Tripartite Commission on Regulation social and labor relations (part three of Article 135 of this Code) and the opinions of the relevant trade unions (associations of trade unions) and associations of employers.

Professional qualification groups are groups of blue-collar professions and office positions, formed taking into account the scope of activity based on the requirements for the level of qualifications that are necessary to carry out the relevant professional activity.

Professional qualification groups and criteria for classifying blue-collar professions and employee positions into professional qualification groups are approved federal body executive power, carrying out the functions of developing public policy and legal regulation in the sphere of labor (Article 144 of the Labor Code of the Russian Federation).

The parties came to the conclusion that the legally established minimum wage (minimum wage) does not even ensure the physical survival of workers, not to mention the preservation of their ability to work.

By agreement of the parties, the minimum wage at the enterprise is set at ______ (not lower than the minimum wage determined by a regional agreement or industry agreement).

The minimum wage does not include additional payments and allowances, as well as bonuses and other incentive payments.

The minimum wage at the enterprise cannot be reduced due to seasonal price fluctuations.

The salary of each employee of the enterprise depends on his personal labor contribution and the quality of work and is not limited to the maximum amount.

Any discrimination in setting and changing wages and other conditions of remuneration is prohibited.

The parties agreed to introduce the following wage system:

Option 1:

Remuneration for heads of departments and services, specialists and employees is made on the basis of official salaries. For each specific employee, the amount of official salary is determined by the employer, but it cannot be lower than that provided for in the official salary scheme provided for in the Regulations.

Workers are remunerated in accordance with the qualification categories assigned to them (Article 143 of the Labor Code of the Russian Federation)

Assignment (revision) of qualification categories to workers and pricing of work is carried out in accordance with general provisions The Unified Tariff and Qualification Directory of Work and Professions of Workers (ETKC), approved by the Decree of the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions dated January 31, 1985 with subsequent additions and changes.

Time workers are remunerated on the basis of tariff rates established according to tariff coefficients to the minimum wage.

Piece workers are paid at rates established for each actual work performed.

Option 2:

All employees are remunerated on the basis of a tariff schedule.

The tariff rate of the first category is set at the level of the minimum wage established by this agreement.

Introduction, replacement and revision of labor standards (time work standards, standardized tasks, job responsibilities) is carried out by the employer, taking into account the opinion of the trade union committee, once a year after the implementation of organizational and technical measures that ensure the rhythm of production and work performance, improvement of material and technical supplies, and working conditions.

3.34. Established labor standards cannot be revised by decision of the employer earlier than the stipulated period if they are exceeded due to the use by employees of any devices, rational techniques, dexterity, high qualifications, or professional experience.

The employer undertakes to provide normal working conditions to comply with established labor standards.

Employees must be notified of the introduction of new labor standards no later than two months in advance.

3.35. When working in production (when performing work) in conditions different from normal, an additional payment is made in the amount of:

Workers employed in __________________ areas where labor is most intensive are provided with additional payments to the tariff rate in the amount of ______%.

The work of temporary workers is paid according to the work actually performed, but not lower than the tariff rate of the category assigned to them for their main work.

Piece workers are paid at rates established for each work they actually perform. The employer undertakes to provide each of them with work that is charged no lower than the category assigned to the worker. Otherwise, with individual remuneration, the worker is paid the difference between his tariff rate and the tariff rate at which the work performed is assessed (inter-grade difference). Article 149 of the Labor Code of the Russian Federation)

The employer undertakes to make additional payments to employees under the age of 18 who work part-time and have reduced working hours, up to the level of remuneration for employees of the corresponding categories for the full duration of daily work.

The employer undertakes to make additional payments to employees under the age of 18 who work piecework up to the tariff rate for the time by which the duration of their daily work is reduced.

When combining professions (positions), performing work with fewer personnel, performing the duties of temporarily absent employees, additional payments are made to tariff rates (official salaries).

The specific amount of additional payment to each employee is determined by agreement of the parties to the employment contract, but cannot be less than______% of the tariff rate (official salary). Article 149 of the Labor Code of the Russian Federation)

3.36. The employer has the right to set individual employees bonuses to tariff rates (official salaries) for professional skill, urgency of the work performed, complexity of the task received, in connection with the division of the working day (shift) into parts, for irregular working hours, etc.

The amount of bonuses is determined by the employer, but cannot be less than ______% of the tariff rate or official salary. (Article 149 of the Labor Code of the Russian Federation)

The parties agreed to introduce family allowances to tariff rates and official salaries for one of the working parents for each child, depending on the length of service (as an option - at the expense of profits remaining at the disposal of the enterprise):

• 0-3 years - 10%:
• 3-7 years - 20%;
• 7-12 years - 30%;
• 13 years or more - 40%.

3.37. Work overtime is paid in the amount (it is recommended not less than double the amount).

For each hour of work on the evening shift, an additional payment of ______% is made. on the night shift - in the amount of ______% of the tariff rate, official salary (it is recommended not lower than one and a half hourly rate) (Articles 149, 151, 154 of the Labor Code of the Russian Federation)

When working on a night shift, time workers receive an additional payment in the amount of one hourly tariff rate in addition to the additional payments for work on the evening and night shifts due to the reduction of work time on the night shift by one hour.

3.38. The parties agreed that in all cases of non-compliance with production standards, production of defective products that occurred through no fault of the employee, which is determined jointly by the employer and the trade union committee, as well as for the entire period of development of new production, the average wage is maintained.

In all these cases, which occurred through the fault of the employee, payment is made in accordance with the law.

3.39. The parties agreed that the monthly salary stipulated in the employee’s employment contract is guaranteed even if the employee works less than the working week established by this collective agreement, and the reduction in working hours occurred at the initiative of the employer.

3.40. Payment for part-time work, part-time work week, established in accordance with the law or this agreement at the initiative of the employee, is made in proportion to the time worked or depending on output.

3.41. When an employee is transferred to another job due to damage to health (occupational disease, injury) through the fault of the employer, the employee is paid the difference between the previous monthly wages and earnings from a new job.

3.42. The employer undertakes to carry out wage indexation in accordance with this agreement (Article 134 of the Labor Code of the Russian Federation).

The parties agreed to compensate additional costs due to increased prices for goods and services in the event that the price increase exceeds ______,% (indexation threshold).

Option 1: Indexation is carried out after ______ months. (for example, after 3 months);

Option 2: indexation is carried out immediately after consumer prices increase above the indexation threshold.

The official salary (tariff) increased due to indexation is determined by multiplying the salary (tariff) by the consumer price index.

3.43. Salaries are paid at least every half month (weekly) on the ______ day of each month.

3.44. Employees who perform the employer’s assignment outside the place of permanent work (are in long-term business trip, carry out work on the customer’s premises, etc.), the employer undertakes to timely transfer wages through the communication channels used for these purposes at the expense of the organization.

During vacation, wages are paid no later than ______ days before the start of vacation.

Wages are paid at the place where work is performed by employees.

Option: Salary is transferred to the bank account specified by the employee (Article 136 of the Labor Code of the Russian Federation)

If the day of payment of wages coincides with a weekend or holiday, payment is made on the eve of this day.

If the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, pay them with interest (monetary compensation) in the amount of ________ (not less than one three hundredth) of the refinancing rate of the Central Bank of the Russian Federation in force at that time from unpaid amounts on time for each day of delay, starting from the next day after the established payment deadline until the day of actual settlement inclusive. The obligation to pay the specified monetary compensation arises regardless of the Employer’s fault (Article 236 of the Labor Code of the Russian Federation);

In case of delay in payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid. The parties to the social partnership independently agree on the location of the employee during the period of suspension of work on this basis.

Payment for the entire period of suspension of work is made at a rate of not less than two-thirds of the average salary.

In the event of bankruptcy or liquidation of an organization, wages and other payments due are made from the reserve fund. The parties agreed to form a reserve fund based on a multiple of the average monthly salary for each employee, indexed in the appropriate manner.

Employees of the enterprise are paid remuneration based on the results of annual work and for length of service in accordance with the Regulations attached to this collective agreement.

Payment of wages is made only in cash.

Option: Payment of wages can be made in non-monetary form, but not more than _20_____% of the total wages.

Average earnings are calculated based on the wages actually accrued to the employee and the time actually worked by him for ______ months preceding the moment of payment.

The employer is obliged to notify each employee in writing about the components of the salary due to him for the relevant period, the amount and grounds for deductions made, as well as the total amount to be paid (the payslip form is attached to this agreement).

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary) (Article 112 of the Labor Code of the Russian Federation).

3.45. Remuneration for workers engaged in work with harmful and (or) dangerous working conditions is set at an increased rate.

The minimum increase in wages for employees engaged in work with harmful and (or) dangerous working conditions is ___% percent of the tariff rate (salary) established for various types jobs with normal working conditions, but not less than 4%. (Article 147 of the Labor Code of the Russian Federation)

4. Working conditions, labor protection and environmental safety

4.1. The parties proceed from recognizing and ensuring the priority of the life and health of employees in relation to the results of the organization’s production activities. The employer assumes responsibility for the state of labor conditions and safety in the organization.

The terms of the employment contract must comply with the requirements of legislative and other regulations on labor protection. The employment contract specifies reliable characteristics of working conditions, compensation and benefits to employees for hard work and work with harmful or dangerous working conditions.

Responsibilities for ensuring safe conditions and labor protection rest with the employer.

4.2. The employer is obliged to provide:

• safety of workers during the operation of buildings, structures, equipment, implementation technological processes, as well as tools, raw materials and supplies used in production;
• creation and operation of a labor protection management system;
• the use of individual and collective defense workers;
• working conditions at each workplace that meet labor safety requirements;
• the work and rest regime of employees in accordance with labor legislation and other regulatory legal acts containing labor law norms;
• purchasing and issuing special clothing at our own expense, special shoes and other personal protective equipment, flushing and neutralizing agents that have undergone mandatory certification or declaration of conformity in the manner established by the legislation of the Russian Federation on technical regulation, in accordance with established standards for workers engaged in work with harmful and (or) dangerous working conditions, as well as work performed under special temperature conditions or associated with pollution;
• training in safe methods and techniques for performing work and providing first aid to victims at work, conducting labor safety briefings, on-the-job training and testing knowledge of labor safety requirements;
• prohibition from work of persons who have not undergone training and instructions on labor protection, internship and testing of knowledge of labor protection requirements in accordance with the established procedure;
• organizing control over the state of working conditions in the workplace, as well as over the correct use of personal and collective protective equipment by employees;
• conducting a special assessment of working conditions in accordance with the legislation on special assessment of working conditions;
• organize, at its own expense, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations of workers, extraordinary medical examinations, mandatory psychiatric examinations of workers at their requests in accordance with medical recommendations with retention of their place of work (position) and average earnings for the duration of the specified medical examinations and mandatory psychiatric examinations;
• preventing employees from performing their job duties without undergoing mandatory medical examinations, mandatory psychiatric examinations, as well as in the case of medical contraindications;
• informing workers about labor conditions and safety in the workplace, about the risk of damage to health, the guarantees provided to them, the compensation they are entitled to and personal protective equipment;
• taking measures to prevent emergency situations, preserving the life and health of workers in the event of such situations, including providing first aid to victims;
• investigation and recording of industrial accidents and occupational diseases;
• sanitary services and medical care for workers in accordance with labor protection requirements, as well as delivery of workers who become ill at the workplace to a medical organization in the event of the need to provide them with emergency medical care;
• compulsory social insurance of workers against industrial accidents and occupational diseases;
• familiarization of workers with labor protection requirements;
• development and approval of rules and instructions on labor protection for workers, taking into account the opinion of the elected body of the primary trade union organization
• the presence of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of their activities.
• finance measures to improve labor conditions and safety in the amount of at least 0.2 percent of the cost of production of products (works, services).

4.3. The employer undertakes to systematically inform each employee about the regulatory requirements for working conditions at his workplace, as well as the actual state of compliance with the requirements for the working environment, the state of the environmental situation in the organization and the sanitary protection zone, work and rest regimes, benefits and compensation , personal protective equipment. This information must be provided to each employee upon his request.

4.4. The employer develops environmental protection measures to reduce harmful emissions into the environment, to remove (replace) harmful technologies, ensuring an improvement in the environmental situation in the microdistrict and in the region as a whole. Participates in events held by executive authorities, public organizations, and in Days of Protection from Environmental Hazards.

4.5. The employer undertakes to enter into contracts for the removal and disposal of consumer and industrial waste, including mercury-containing devices, lamps, and sources of ionizing radiation.

4.6. The employer undertakes to develop labor safety standards for facilities and equipment that do not have state or industry regulations SSBT standards. Control over strict compliance with labor safety standards is assigned to ___________________.

4.7. The employer undertakes to carry out a set of measures for a special assessment of working conditions of workplaces, completing this work before 20__.

4.8. The employer and the trade union committee agreed that in the event of violations by the employer regulatory requirements to working conditions, violation of established work and rest regimes, prescribed standards of social services at the enterprise, failure to provide the employee with the necessary means of personal protection, which results in a real threat to the working capacity (health) of the employee, the latter has the right to refuse to perform work until measures are taken to eliminate detected violations, notifying the immediate supervisor.

During the suspension of work for this reason, the employee retains his place of work and is paid a salary in the amount of average earnings.

During the suspension of work in an organization, in a workshop, at a site, in a workplace due to violation of labor protection legislation and regulatory requirements for labor protection through no fault of the employee, his place of work, position is retained and he is paid a salary in the amount of average earnings.

4.9. The employer undertakes during the suspension of work by the authorities state supervision and control over compliance with labor legislation as a result of violation of labor protection requirements through no fault of the employee, to retain his place of work and average earnings or to ensure free training an employee of a new profession (specialty) with his average earnings retained for the period of retraining.

4.10. The employer undertakes to create a labor protection service (involve labor protection specialists on a contract basis) before ____________ to organize work on labor protection.

4.11. In order to organize cooperation on labor protection, the employer and the trade union committee, within the period before ____________, create a joint committee (commission) on labor protection, which includes representatives of the employer and the trade union on a parity basis. The regulations on the committee (commission) are approved by the parties.

The labor protection committee (commission) organizes joint actions of the employer and employees to ensure labor protection requirements, prevent industrial injuries and occupational diseases, and also organizes inspections of labor conditions and labor protection in the workplace and informs employees about the results of these inspections, collects proposals for the section collective agreement (agreement) on labor protection (Article 218 of the Labor Code of the Russian Federation)

The employer undertakes to create the necessary conditions for the work of authorized (trusted) representatives of the trade union on labor protection, provide them with rules, instructions, and other regulatory and reference materials on labor protection.

Authorized (trusted) persons for labor protection, in order to perform the functions assigned to them, are provided with______ (hours) during the work shift, establish additional social guarantees(including forms of material and moral incentives, remuneration or additional payments to official salaries at the expense of the organization for employees who are members of the elected trade union body and are exempt from their main job, and other guarantees), as well as maintain the average salary during the training of authorized persons special program at the expense of the organization or the Social Insurance Fund.

4.12. The employer undertakes to ensure priority funding for the Plan (list) to improve working conditions and safety in accordance with Order of the Ministry of Health and Social Development of the Russian Federation dated March 1, 2012 N 181n
"About approval Model list measures implemented annually by the employer to improve labor conditions and safety and reduce levels of occupational risks" and other measures of the collective agreement containing labor protection obligations.

To carry out measures to improve working conditions and safety, the employer undertakes to allocate ______ rubles in 2___, including:

• workshop (production) ____________ rubles;
• department (section) ____________ rubles, etc.

The employer also undertakes to use for these purposes additional funds (20 percent) of the amounts of insurance contributions for compulsory social insurance against accidents at work and occupational diseases, allocated by the regional Social Insurance Fund in the prescribed manner.

Control over the timely expenditure of funds according to the estimate and additional funds is assigned from the employer to __________________, from the trade union committee to _____________________.

A plan of occupational safety measures and an estimate of the costs of these measures are attached to the collective agreement.

4.13. The employer undertakes not to engage employees under 18 years of age in heavy work or work with harmful or dangerous working conditions in accordance with the List approved by Decree of the Government of the Russian Federation of February 25, 2000 No. 163.

4.14. The parties agreed to develop and approve a list of industries, jobs and professions for which milk or other equivalent products are provided free of charge (attached to the collective agreement).

The employer undertakes to ensure that in jobs with hazardous working conditions, workers are given free of charge, according to established standards, milk or other equivalent food products. For jobs with particularly hazardous working conditions - provision of therapeutic and preventive nutrition according to the standards established by current legislation.

The provision of milk or other equivalent food products to employees according to established standards, upon written statements from employees, can be replaced by a compensation payment in an amount equivalent to the cost of milk or other equivalent food products in the region (Article 222 of the Labor Code of the Russian Federation)

4.15. The parties proceed from the fact that the trade union committee enjoys the right to participate in the commission for the examination (assessment) of the compliance of the new technology with labor protection requirements. At the same time, he can conduct his own independent examinations of working conditions in order to identify their impact on the employee’s performance and health. For this purpose, he has the right to involve third-party specialized organizations or relevant specialists.

The conclusion of the independent examination carried out by the trade union is presented by the trade union committee to the employer with its resolution, which sets out its proposals (motivated opinion). If, contrary to the position of the employer, the state examination of working conditions confirms the opinion of the trade union committee about the negative impact of working conditions on the working capacity (health) of the employee, the employer will compensate the trade union committee for the costs incurred in connection with the examination. If the enterprise and the trade union organization do not have qualified specialists in this field to carry out this work, they have the right to invite, under a contract, a third-party organization that has a license for this type of activity.

4.16. The parties establish a procedure in which employees of harmful and dangerous industries who have not violated labor safety requirements during the year are paid a monetary remuneration in the amount of ______ rubles.

These workers are presented for promotion by the management of the workshop, site, or team in agreement with the relevant trade union body after discussing the candidacy in the work collective.

4.17. The parties agreed that for each industrial accident, the employer would form a commission with the participation of the trade union committee to investigate the circumstances and causes of the accident, and develop measures to prevent industrial injuries.

4.18. The parties agreed to create:

• hygiene rooms in workshops (areas) No. ______;
• psychological relief rooms in workshops (areas) No. ______;
• health complexes in workshops (areas) No. ______.

4.19. The employer provides compulsory insurance for employees against temporary disability due to occupational diseases, as well as against industrial accidents.

The parties assume that the organization bears financial liability for harm caused to the employee’s health by injury, occupational disease or other damage to health associated with the performance of work duties.

The organization pays the victim:

• a one-time benefit in an amount increased by ______% compared to that provided for by current legislation;
• an allowance in the amount of______% of average monthly earnings in excess of what is due to the victim according to the law of compensation for harm. The amount of the premium is set taking into account the amount (%) of loss of professional ability to work.

For citizens entitled to compensation for damage in connection with the death of a breadwinner, the employer pays a lump sum benefit in the amount of the minimum wage established on the day of payment for ______ years (for at least 5 children), and also pays bills associated with the funeral.

The employer undertakes, with the consent of the victim, train him in a new profession in accordance with the conclusion of a medical and social examination if, due to a work injury, he cannot perform his previous work.

During training to the victim The average monthly salary for the previous job is paid regardless of the disability pension received from a work injury. If the training is paid, the costs are reimbursed by the employer.

The employer undertakes to compensate, by agreement with the victim who received a work injury, moral damage in monetary or other material form, regardless of the property damage subject to compensation.

4.20. The employer undertakes to ensure, together with the trade union committee, production and public control over the state of conditions and labor protection and work safety at the workplaces of the organization and structural divisions.

4.21. The employer undertakes to ensure the development and implementation of an action plan to prepare the organization for work in the autumn-winter period.

Workers in the field of labor protection undertake:

• comply with labor protection requirements established by laws and other regulatory legal acts, as well as rules and instructions on labor protection;
• correctly use personal and collective protective equipment.
• undergo training in safe methods and techniques for performing work, providing first aid in case of accidents at work, instruction on labor protection, on-the-job training, testing of knowledge of labor protection requirements;
• undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations);
• immediately notify your immediate or superior manager about any situation that threatens the life and health of people, about every accident that occurs at work, or about a deterioration in your health, including the manifestation of signs of an acute occupational disease (poisoning);
• maintain the workplace in accordance with the requirements of the Labor Safety Norms and Rules, clean and tidy, participate in ongoing environmental cleanups;
• if a situation arises at the workplace that threatens the life and health of an employee, as well as if the necessary means of individual and collective protection are not provided, they have the right to refuse to perform work until the identified violations are eliminated;
• make proposals to improve working conditions and labor protection in the workplace.

5. Social guarantees for employees

5.1 The employer undertakes to timely transfer insurance premiums in the amount determined by law, to the Social Insurance Fund. Pension Fund and compulsory health insurance, as well as develop additional measures for insurance protection of workers from adverse social consequences associated with economic activities.

5.2 The employer bears the following costs for the maintenance of the sanatorium: _________________________________________________________, Employees engaged in particularly hazardous work (in especially hazardous working conditions) in the industries specified in the Appendix to this collective agreement are provided with free medical and preventive food.

The employer undertakes to introduce a general preventive examination of employees within one to two days with examination, diagnosis and necessary preventive procedures, incl. examinations of women by medical specialists.

The employer undertakes to ensure the operation of the organization's medical unit by allocating ________ rubles for its financing.

The employer undertakes to organize the provision of dental care to _______ employees at the expense of the organization and its subsidiaries (dependent) small enterprises.

5.3 The employer undertakes to provide non-state social insurance in the amount of _______ rubles per person, incl. accident insurance _______ rubles, medical insurance _______ rubles.

The employer undertakes:

• timely transfer insurance premiums to the Pension Fund in the amount determined by law;
• within the prescribed period, submit to the Pension Fund bodies reliable information about the insured persons, as determined by the Federal Law of April 1, 1996 No. 27-FZ “On individual (personalized) accounting in the state pension insurance system”:
• receive insurance certificates of state pension insurance from the bodies of the Pension Fund of the Russian Federation, as well as duplicates of these insurance certificates and issue them against signature to working insured persons;
• transfer free of charge to each insured person working at the enterprise a copy of the information submitted to the Pension Fund body for inclusion in their individual account;
• control the compliance of the details of the state pension insurance certificate issued to the insured person with the details of the employee’s identity documents;
• do not interfere with the work of the trade union committee commission on pension issues or her authorized representative, ensure her access to all information reported by the employer to the Pension Fund authorities;
• annually, together with representatives of the trade union committee, audit the work records of employees. In case of incorrect registration work book or establishing inaccurate, erroneous records from previous places of work - send requests to the relevant organizations with a request to confirm with a clarifying document the records that raise doubts;
• in the interests of workers, regulate issues related to the exercise of their rights to early pension provision in connection with work in harmful and dangerous working conditions, involve in this work representatives of the Committee on Labor and Social Development of the city of _____________, the state technical labor inspectorate, and technical inspectors of trade unions .
• after the end of the calendar year, provide employees with a copy of the information submitted by the organization to the Pension Fund of Russia for inclusion in their individual personal account.
• if the organization has additional funds or profits, exercise the right of employees to additional pension provision through the conclusion of an agreement between the organization and the Non-State Pension Fund.
• in the event of absence or distortion of information in the individual personal account of the employee through the fault of the employer, bear financial liability in the amount of lost pensions in connection with the refusal of the employee to establish a pension or delay in considering the issue of establishing a pension by the Pension Fund of the Russian Federation.

Trade Union Committee:

• participates in the activities of the working group created at the enterprise; on implementation Federal Law“On individual (personalized) accounting in the state pension insurance system”;
• controls the accuracy of information transmitted by the employer to the Pension Fund for each insured person;
• provides the necessary assistance in organizing training for members of the working group and trade union activists on the implementation of personalized accounting.
• organizes the activities of the commission of the trade union committee on pension issues or the authorized representative of the trade union committee.
• controls the correctness, timeliness and completeness of information reported to the authorities by employers pension fund individual information about the insured persons, their earnings and length of service, the amount of transferred insurance premiums, as well as work experience workers.

5.4. The employer undertakes to pay benefits to employees retiring in the amount of _________% of the minimum wage (tariff rate, salary):

One-time for _________ months (years).

Employees receiving temporary disability benefits in the amount of less than average earnings are paid additionally up to their average earnings at the expense of the organization.

5.5. The parties enter into agreements for sanatorium and resort treatment of employees, both at the expense of profits and at the expense of social insurance funds. Vouchers at the expense of profit are issued on preferential terms for ________% of the cost.

5.6. The employer undertakes to provide employees with children preschool age, _______ places in kindergartens and _______ places in nurseries; provide employees with children aged 7-15 years with vouchers to children's schools on preferential terms. Parents with three or more minor children and single mothers (fathers) are provided with free vouchers.

The employer undertakes to carry out repairs, provide maintenance, technical operation, improve the material and technical base of the children's health camp and allocate funds for other expenses related to the maintenance of the camp.

The employer pays for the labor of guards, cleaners of premises and camp grounds, and other workers involved in maintaining camp buildings and structures throughout the year.

The employer bears the costs of drawing up the lease agreement land plot, on which the camp is located, or upon acquisition of its ownership.

If the enterprise does not have its own children's health camp, the employer undertakes to purchase vouchers to the children's recreation center for the children of employees at the expense of social insurance funds and enterprise funds.

5.7. The employer undertakes not to charge parents for the maintenance of children in child care institutions more than _______% of the cost of the voucher.

5.8. To provide workers with living space, the employer undertakes to build (purchase, finance construction) in _______ year _______ apartments (houses) with a total living area of ​​_______ thousand square meters, and allocate _______ rubles from the enterprise’s funds for these purposes. The procedure for such provision is established by the Appendix to the collective agreement.

For employees in need of improved housing conditions, the employer undertakes to allocate _______ rubles in _______ year to provide free subsidies for the construction and purchase of housing. from the company's funds. The procedure for providing subsidies is determined by the Appendix to the collective agreement.

The parties agreed that the employer acts as a guarantor when an employee who is a member of the trade union obtains a bank loan for the purchase of housing, starting a household, and educating children.

5.9. The parties agreed to allocate _______ rubles from the consumption fund for the operational needs of the housing and communal services of the organization, incl. equipment and maintenance of workers' dormitories _______ rub. Carry out major and current repairs of residential buildings and social and cultural facilities within the time frame and volumes in accordance with the application. Collect fees for housing and utilities from citizens living in departmental housing stock, incl. and in hostels, at current rates and tariffs in accordance with regional legislation.

5.10. The parties agreed for employees, members of their families and pensioners living under a rental agreement in housing stock owned by the enterprise to establish payment for housing and utilities at established rates and tariffs of the municipal housing stock.

5.11. The trade union committee exercises public control over the maintenance of departmental housing stock, incl. dormitories, carrying out measures for its preservation and improvement, as well as the amount of payment for housing and utilities in the specified fund.

The employer and the trade union committee inform the workforce about the state of the housing stock and its use.

The employer undertakes to draw up documentation for the free privatization of residential premises in the departmental housing stock.

The parties agreed to allocate _______ rubles from the enterprise’s funds and use them to pay compensation to low-income citizens when paying for housing and communal services, living in departmental housing stock and dormitories, in accordance with the Regulations in force in the region on the provision of compensation for paying for housing and communal services.

5.12. The parties agreed to provide under the contract social hiring and, in an emergency manner, living quarters for employees who have become disabled as a result of an industrial injury at work or occupational disease, as well as to the families of persons who died at work as a result of an accident, recognized as needing to improve their living conditions in the prescribed manner.

For these purposes, the necessary living space from the private housing stock of the enterprise should be transferred to municipal ownership for occupancy by persons of the specified category.

The employer organizes accessible, high-quality hot meals at the production site that comply with current standards and regulations in _______ canteens (buffets) for at least _______ seats.

5.13. For employees who do not use the canteen (buffet), the employer organizes rooms (places) for eating.

Employees of the organization are paid a subsidy for lunch in the amount of _______ rubles per month (options: a subsidy not for all employees, but only for low-income or large families; a subsidy for a canteen in order to reduce prices; categories of employees are determined who are provided with free food, etc.) .

The employer undertakes to organize dietary meals for employees who need it.

The employer provides night and evening shift workers with hot meals free of charge (option: free - night shifts, evening shifts with a _______% discount on the actual cost of food).

5.14. The employer organizes free (with payment of _______% of the cost) transportation of employees working on evening and night shifts; for these purposes, before _______ enters into an agreement with the transport organization.

The employer reimburses _______% of employee expenses for travel in suburban and intracity transport to the place of work.

5.15. The parties undertake obligations to organize cultural, educational, physical culture and health activities with the organization’s employees and members of their families. For these purposes: the employer transfers to the trade union committee for free use cultural, sports, tourist and recreational facilities on the organization’s balance sheet, provides at its own expense technical operation and maintenance, including repairs, full or partial payment for utilities specified objects, transfers funds in the amount of _______ rubles to the trade union committee for carrying out cultural and physical activities among workers in accordance with the estimate attached to the collective agreement.

The employer undertakes to prevent the repurposing and sale of social facilities owned by the enterprise.

The trade union committee allocates funds in the amount of _______ rubles for remuneration of workers conducting cultural, educational, sports and recreational work at facilities subordinate to the trade union committee and directly in the organization, controls the timely and appropriate use of funds in the interests of workers and members of their families.

5.16. The parties agreed to create, on a parity basis, a commission to ensure women's rights, protect family and childhood, consisting of _______ people.

5.17. In the event of the death of close relatives (parents; parents of the spouse; husband; wife; children), provide employees with financial assistance in the amount of ___ rubles.

In the absence of these persons, the family of the deceased employee is those who lived together with the deceased employee or cared for the deceased employee, providing evidence of joint residence and (or) care.

In the event of the death of an employee not related to the performance of work duties, provide the family of the deceased with financial assistance in the following amounts: (Indicate a specific amount).

5.18. When registering a marriage for the first time, provide financial assistance to one of the spouses in the amount of ______ rubles.

5.19. Upon reaching retirement age and leaving the enterprise (organization), pay for insurance against tick bites, hemorrhagic fever, etc. within 2 months at the expense of the Employer on the basis of a personal application and at the employee’s choice.

6. Youth policy

6.1. Young workers are considered to be persons under 35 years of age. Young specialists are considered to be persons under the age of 30 who have completed a full course of study in higher educational institutions while working and who entered work in an organization in the profile of their specialty within three months immediately after graduating from an educational institution (first education). The status of a young specialist is calculated three years from the date of concluding an employment contract with the employer.

For three years from the moment of concluding an employment contract, do not dismiss a young specialist for reasons related to a reduction in staff or number of employees.

6.2. The employer provides quotas for jobs for employment:

• persons under 18 years of age;
• young people who have graduated from secondary schools and vocational schools.

6.3. The employer establishes, at the request of persons studying on the job, individual work schedules (length of work shifts, flexible (sliding) work schedules, etc.) at jobs where production conditions allow such a possibility with payment for actually worked time.

6.4. The employer, based on the needs of the organization, sends young workers to study outside of production on a contractual basis, at the expense of financial resources organizations.

6.5. The employer and the trade union committee recognize work with youth as one of the priorities in their activities.

6.6. The Youth Council is a youth organization.

6.7. The youth work plan is approved annually by order of the Employer and the Trade Union Committee.

6.8. As part of the implementation of youth policy in the organization, the Employer and the Trade Union organization undertake to:

• to promote the activities of youth in increasing the efficiency of the enterprise (organization);
• promote the formation of corporate spirit among young people;
• create conditions for the rapid adaptation of young workers and take measures to consolidate them in teams;
• create conditions for the development of technical and innovative potential;
• promote professional development and career growth;
• to promote the creation of conditions for the organization of a healthy lifestyle and the organization of cultural work.

6.9. The activities of the Youth Council are regulated by the Regulations “On the Youth Council”, approved by order of the Employer.

6.10. Material and non-material incentives for young employees of an enterprise (organization) are carried out in accordance with the Regulations “On material and non-material incentives for young workers”, approved by order of the Employer, taking into account the motivated opinion of the trade union.

Provide financial assistance, based on a personal application, in the amount (for example: the amount living wage in the Udmurt Republic for the working population) to citizens who worked before being called up for military service and were accepted into an enterprise (organization) within a year for the first time after dismissal from military service.

To pay one-time payments to graduates of educational institutions entering work for the first time:

• higher professional education - no less than___ rubles;
• secondary vocational education - at least ___ rubles;
• primary vocational education - not less than ______ rub

6.11. The trade union committee undertakes:

• assist in the development and implementation of a work plan with youth of the enterprise (organization);
• include in the Trade Union Committee a member of the Youth Council who is a member of the trade union.

6.12. The employer, at the expense of the organization's own funds, makes additional payments to employees under the age of eighteen years up to the level of wages for employees of the corresponding category for the full duration of daily work.

6.13. The employer provides paid leave of up to 3 days during marriage with preservation of wages.

6.14. The employer pays financial assistance to young employees:

• first time married;
• at the birth of a child;
• conscripted into the army;
• accepted to the previous place of work after completing military service under conscription (within a year for the first time after demobilization).

6.15. The employer establishes an increased amount, compared to the law, of cash payments to mothers for each child from the day of his birth until he reaches the age of three years, regardless of the date of entry into work.

6.16. The employer provides:

• September 1 is an additional paid day of rest for one of the parents whose children are entering first grade;
• another vacation at the request of parents whose children are entering first grade in September;
• 3 days paid leave for the father at the birth of a child.

6.17. The employer provides interest-free short-term loans for the purchase of durable goods to young families if both spouses work at the enterprise (one loan per family).

6.18. The employer, together with the primary trade union organization, organizes mentoring in the organization and provides measures to encourage mentors.

6.19. The employer provides young employees with hostel accommodation on a contractual basis.

6.20. The employer provides loans to young employees to purchase housing.

6.21. The employer provides members of the youth council (commission), upon the recommendation of the trade union committee, with time off from their main work, while maintaining their wages, to perform public duties.

6.22. The primary trade union organization makes proposals to the employer for the implementation and improvement of the organization’s youth policy.

6.23. The primary trade union organization presents its motivated opinion when the employer determines the forms of professional training, retraining and advanced training of workers, and the list of required professions and specialties.

6.24. The primary trade union organization contributes to the formation of the youth council (commission) of the organization.

6.25. The primary trade union organization participates in employer-sponsored patronage of special educational institutions that train workers for enterprises, organizes and holds thematic meetings with students.

6.26. The primary trade union organization and the employer study, generalize and disseminate experience in the implementation of youth policy.

6.27. The parties jointly promote the work of the youth council (commission).

6.28. The parties jointly annually hold scientific and practical conferences for young specialists, professional skills competitions among young workers, and competitions for young workers on current issues in the organization’s activities.

6.29. The parties jointly organize and conduct sports, recreational and cultural events.

6.30. The parties undertake to facilitate the adaptation of young specialists in production, the organization of workplaces and work life, and hold competitions of professional skills “Best Young Worker” and “Best Young Specialist”. In the regulations on competitions, provide for the assignment of higher qualification categories to competition winners, increased salaries, payment of cash bonuses and other incentive payments, and develop the institution of mentoring (an additional payment to the mentor’s salary (rate) of at least ____ percent); conduct competitions “Best Youth Mentor”;

7. Guaranteed position of the trade union

7.1. The employer provides the trade union committee, free of charge, on the territory of the organization with the necessary premises ________________________ (specify which) with all equipment, heating, lighting, cleaning and security for the work of the trade union committee itself; for holding meetings (conferences) of workers, trade union meetings (conferences), storing documentation, as well as providing the opportunity to post information in a place accessible to all workers.

The employer provides the trade union committee free of charge vehicles, communications equipment, office equipment and the necessary regulatory legal documents.

Employees who are members of trade union bodies and who are not exempt from their main work cannot be subjected to disciplinary action, transfer to another job or dismissal at the initiative of the employer without the prior consent of the trade union body of which they are a member, and the heads of these bodies - without the prior consent of a higher trade union body (Article 374 of the Labor Code of the Russian Federation)

Workers who are members of trade union bodies and who are not exempt from their main jobs are released from their main jobs while maintaining their average earnings for the duration of short-term trade union studies, as well as to participate as delegates to congresses, conferences convened by trade unions, and to participate in the work of their elected bodies in a total of no more than _______ hours per year.

Members of elected trade union bodies who are not exempt from production work are given time off from work while maintaining their average earnings to perform current public duties:

• the chairman of the trade union committee _______ hours per month;
• members of the trade union committee, including the commissioner for labor protection, members of the commission (commissioner) for social insurance, _______ hours per month;
• chairmen of trade union bodies in departments, including commissioners for labor protection and social insurance, _______ hours per month.

Released trade union workers elected (delegated) to the body of the primary trade union organization have the same social and labor rights, guarantees and benefits provided for by this collective agreement as other employees of the enterprise.

The employer undertakes to provide guarantees to exempt trade union employees as provided for by federal law.

The employer, based on the personal statements of employees who are members of the trade union, ensures, free of charge, the deduction of trade union dues in the amount of _____% from wages and their transfer to the trade union through the organization’s accounting department.

The employer, based on the personal statements of employees who are not members of the trade union, provides a free monthly transfer to the account of the trade union cash in the amount of _______% of employees' wages.

The trade union committee can freely carry out work to identify the socio-economic interests of workers, organize sociological surveys for this purpose, conduct questionnaires, and hold conferences, meetings, meetings of various groups of workers outside of working hours. The employer undertakes to facilitate this work and, at the request of the trade union committee, must take part in the meetings.

The trade union committee has the right to free, reliable and complete information on any issue related to the use of labor and the social status of workers. The employer undertakes to provide such information to the trade union committee within the time period agreed upon by the parties. At the request of the trade union committee, information must be provided in writing.

The list of information constituting a trade secret is determined by the employer.

The information listed in the appendix to this collective agreement cannot constitute a trade secret and can be freely provided at the request of employees and the trade union committee.

Option: The employer recognizes the right of the trade union committee to information on socio-economic issues, incl. constituting a trade secret. The trade union committee undertakes not to disclose this information.

If necessary, the trade union committee has the right to request from the employer an explanation of the reasons (arguments) for its adoption of a particular decision in the scope of the collective agreement. The deadline for providing a response to the request is agreed upon by the parties.

The trade union committee enjoys the right to conduct examinations (inspections) of the state of the use of labor and the social status of workers. He has the right to take part in examinations (inspections) on these issues, including his representatives in the expert commissions.

The trade union committee has the right to represent the interests of workers in resolving labor disputes. For this purpose, workers can freely invite representatives of the trade union committee for consultations on these issues and to protect their interests.

The parties agreed to form a commission on labor disputes by _______.

The parties agreed that the remuneration of the chairman of the trade union committee is made at the expense of the organization in the amount of _____ rubles monthly.

An employee who is released from work in connection with his election to an elective position in the trade union body of an organization, after the end of his term of office, is given his previous job (position), and in its absence, with the consent of the employee, another equivalent job (position) in the same organization.

If it is impossible to provide the corresponding job (position) at the previous place of work, the employer retains the employee’s average earnings for the period of employment, but not more than six months, and in the case of study or retraining for up to one year.

8. Final provisions

The collective agreement was concluded for _____. and comes into force on ______

Unilateral termination of a collective agreement is not permitted.

After the expiration of the established period, the collective agreement is valid until the parties enter into a new one or extend the validity of the current one with possible changes and additions.

If it is necessary to bring the provisions of the agreement into compliance with newly adopted legislative and other regulations, agreements, as well as in other cases associated with significant changes in the working and living conditions of employees, appropriate changes and additions may be made to the collective agreement.

Changes and additions to the collective doctor during its validity period are made only by mutual agreement of the parties in the manner established for its conclusion.

If the owner of the organization's property changes, the collective agreement remains in force for three months. The trade union committee undertakes, within three months after the change of ownership of the organization’s property, to begin collective negotiations on the extension of this collective agreement or the conclusion of a new one.

To resolve disagreements, the parties use conciliation procedures provided for by law.

During the period of validity of this agreement, subject to its implementation, employees undertake not to carry out a strike, boycott, picketing or other actions aimed at interrupting work .

These activities are carried out only in the manner and on the grounds provided by law. Those responsible for carrying out an illegal strike are held accountable in accordance with current legislation.

If any clause of the collective agreement is not fulfilled or changes are made to the collective agreement, a collective bargaining commission consisting of persons from the employer and the trade union organization is convened. The composition of the commission is approved by order of the Employer (for commission members from the employer) and by a decision of the trade union committee (for commission members from employees). The commission meets within three days by the interested party after receiving information about non-compliance with the clause of the collective agreement or making changes. The commission discusses the reasons for the failure of the collective agreement, develops measures for its implementation, sets new deadlines and financial responsibility of the parties for the failure of the agreement. The developed changes and additions are introduced into the collective agreement in accordance with current legislation.

Labor disputes between an employee and an employer are considered by a labor dispute commission.

If conciliation procedures do not lead to the resolution of a collective labor dispute, or the employer evades conciliation procedures or does not comply with the agreement reached during the resolution of a collective labor dispute, then employees or their representatives have the right to organize a strike.

During participation in the strike, workers are subject to compensation payments in the amount of _______________________ (option: not less than two-thirds of the average salary).

Workers who are not participating in the strike, but who were unable to perform their work due to the strike, are paid for downtime in the amount of _______________________ (option: not less than two-thirds of the average wage).

Persons participating in negotiations and conciliation procedures as representatives of the parties are released from their main jobs while maintaining their average earnings at the expense of the enterprise for a period of no more than 3 months a year.

The parties agreed that the text of the collective agreement should be brought to the attention of employees by the employer within _______ days after signing via (newspaper, information stand, website, brochure, booklet, etc.).

The employer undertakes to familiarize all newly hired employees with the collective agreement before concluding an employment contract with them.

The parties report once every six months (quarterly, annually) on the implementation of the collective agreement at a meeting (conference) of employees. The report is made by persons from both sides who signed the collective agreement.

The employer and his authorized persons are liable in accordance with the law for failure to fulfill the collective agreement and violation of its terms.

Control over the implementation of this collective agreement is carried out by the parties, as well as on behalf of the trade union committee by the legal labor inspectorates of the territorial trade union organization and the Regional trade union association.

Registered in __________________________________________

"_______"_____________________ G.

Reg. No.______________

Agreements and collective agreements are currently the most important legal forms of the contractual method of regulating labor relations. Currently, collective contracts and agreements are regulated by the Law of the Russian Federation “On Collective Contracts and Agreements”. This Law applies not only to enterprises, but also to institutions and organizations, regardless of the form of ownership, departmental affiliation and number of employees.

A collective agreement is a legal act that regulates social and labor relations and is concluded by employees of an organization, branch, or representative office with the employer.

In the context of the transition to market relations, the collective agreement becomes the main legal act that determines working conditions and other conditions closely related to labor conditions for the organization’s employees.

The conclusion of a collective agreement is preceded by collective negotiations. The initiator of collective negotiations can be any of the parties to the collective agreement. A collective agreement is concluded, on the one hand, by employees represented by one or more trade unions, other representative bodies authorized by employees, and on the other hand, by the employer directly or his authorized representatives.

The collective agreement may include mutual obligations of the employer and employees on the following issues:

Form, system and amount of remuneration, monetary rewards, benefits, compensation, additional payments;

A mechanism for regulating wages based on rising prices, inflation levels, and the fulfillment of indicators determined by the collective agreement;

Employment, retraining, conditions for releasing workers; duration of working hours and rest time, vacations;

Improving working conditions and labor protection for workers, including women and youth;

Voluntary and compulsory health and social insurance;

Respect for the interests of workers during the privatization of enterprises and departmental housing;

Environmental safety and health protection of workers at work;

Benefits for employees combining work with training;

Monitoring the implementation of the collective agreement, responsibility of the parties, social partnership, ensuring normal conditions for the functioning of trade unions and other representative bodies authorized by employees;

Refusal to strike under the conditions included in this collective agreement, subject to their timely and complete implementation.

The collective agreement is concluded for a period of one to three years. It comes into force from the moment it is signed by the parties or from the date established in the collective agreement, and is valid for the entire period.

An agreement is a legal act regulating social and labor relations between employees and employers and concluded at the level of the Russian Federation, a subject of the Russian Federation, territory, industry, profession.

Agreements in their content, range of participants, place in the system of labor regulations, and significance in the regulation of labor relations differ significantly from collective agreements that are concluded at enterprises.

Depending on the scope of regulated relations, the following types of agreements can be concluded.

1. General agreement that establishes general principles coordinated behavior of socio-economic policy at the federal level.

2. Regional agreement, which establishes general principles for regulating social and labor relations at the level of a subject of the Federation.

3. Industry (inter-industry) tariff agreement, which establishes payment standards and other working conditions, as well as social guarantees and benefits for workers in the industry (sectors).

4. Professional tariff agreement, which establishes payment standards and other working conditions, as well as social guarantees and benefits for workers in certain professions.

5. Territorial agreement, which establishes working conditions, as well as social guarantees and benefits related to the territorial characteristics of the city, district, or other administrative-territorial entity.

Agreements, by agreement of the parties participating in the negotiations, can be trilateral or bilateral.

Agreements providing for full or partial budget financing are concluded with the mandatory participation of representatives of the relevant executive authorities.

Agreements can be concluded:

 At the federal level, parties to agreements can be:

1. general agreement - all-Russian associations of trade unions; all-Russian associations of employers; Government of the Russian Federation;

2. sectoral (inter-sectoral) tariff agreement - relevant all-Russian trade unions and their associations; all-Russian associations of employers, other representative bodies authorized by employers; Ministry of Labor and Social Development of the Russian Federation;

3. professional tariff agreement - relevant trade unions and their associations; relevant associations of employers, other representative bodies authorized by employers; relevant labor authority.

 At the level of constituent entities of the Russian Federation and administrative-territorial entities within the constituent entities of the Russian Federation, parties to agreements can be:

1. regional agreement - relevant trade unions and their associations; associations of employers, other representative bodies authorized by employers; executive authority of a constituent entity of the Russian Federation;

2. sectoral (inter-sectoral) tariff, professional tariff agreement - relevant trade unions and their associations; associations of employers, other representative bodies authorized by employers; labor authority of a constituent entity of the Russian Federation;

3. territorial agreement - relevant trade unions and their associations; associations of employers, other representative bodies authorized by employers; the relevant local government body. 54.Employment contract:

Article 56 of the Labor Code of the Russian Federation provides the following definition of an employment contract (also referred to as a labor contract) - this is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by law and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations and this agreement, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function defined by this agreement, to comply with the internal rules in force for this employer.

Peculiarities

Features of the employment contract:

The subject composition of the contract is distinguished by greater requirements: the role of an employee can only be an individual.

An employee as a party to an employment contract combines two qualities. He is simultaneously both a person carrying out labor activity and a subject of law.

If an employee enters into an employment contract, the employee is included in the employer’s economic sphere, therefore, the employee’s work becomes an element of this sphere, ensuring its functioning (for comparison: a contractor who has entered into a work contract with the customer is not included in the customer’s economic sphere).

The employment contract is of a continuing nature, i.e. The fulfillment by the parties of their obligations towards each other does not terminate the agreement.

None normative document a sample employment contract has not been established, although it was previously approved by Resolution of the State Statistics Committee of the Russian Federation of December 29, 2000 No. 136.

The Labor Code of the Russian Federation is devoted to the legal regulation of labor relations between employer and employee. Currently, of all the forms of realizing the right of citizens to work, the employment contract should be recognized as the main form, since it is it that best meets the needs of market relations based on the hired nature of labor.

The parties, according to Art. 56 of the Labor Code of the Russian Federation, are the employee and the employer.

An employee can be anyone individual, which has labor legal personality. The employer can be either an individual or legal entity, as well as the state and self-government bodies.

There are two main types of division of the contract by duration:

1) For a certain period (up to five years).

2) For an indefinite period.

It should be noted that a fixed-term employment contract can be concluded if the employment relationship cannot be established for an indefinite period (for example, various seasonal jobs).

Collective labor agreement, what is it?

A collective labor agreement is labor agreement between the employer and the team of employees and fixation of legal liability.

Collective and individual labor agreements are quite closely related. The collective agreement is drawn up in addition to the individual employment contracts required when hiring each employee, and is regulated by the provisions of Chapter 7, Art. 40 and art. 44 of the Labor Code of the Russian Federation.

Has the status legal act local appointment, reflects the main controversial issues that may arise between the manager and members of the trade union.

Accordingly, it acts as a control lever, deliberately placing emphasis on issues that are significant for both parties.

When is it concluded?

Is a collective labor agreement mandatory or not?

Preparation of this type of documentation not necessary.

But due to its undoubted advantages, they are using it more and more often.

When compiling take into account difficult moments in relations between employer and employees.

At the same time, a competent manager is able to provide for nuances that require deliberate regulation.

Due to changing circumstances that affect the relations of the parties in the workforce, the provisions of the collective labor agreement may become obsolete.

What to do if the regulations allow it to be renegotiated only in accordance with established deadlines? It must be taken into account that there can only be one main instance. But labor legislation allows changes and additions.

Duration of the collective labor agreement no more than 3 years. Accordingly, it can be concluded for 1 or 2 years. While the signed copy has legal force, additionally compiled annexes with the specified amendments and additionally adopted provisions are valid.

Until the appointed date, the validity of the collective labor agreement does not allow cancellation or termination, except in cases of violation of the provisions specified by the parties. In this case, both the employer and the team have the right to initiate termination.

REFERENCE: Upon expiration of the contract needs to be re-signed, updating the main provisions or points. If you don't do this, he will extended for the same period, which was concluded.

The employer's advantages when concluding a TD are undeniable.

After all, here he coordinates all the nuances that may occur in the activities of a manager.

Subsequent leadership work will be focused not on the search for management models, but on the implementation of established provisions.

Accordingly, the occurrence of disputes will be minimized, and if they ripen, the conciliation commission and other authorized persons will first of all turn to the existence of a collective labor agreement and the provisions that constitute it.

He will be able to provide significant support and in case of employee complaints to the labor inspectorate, to the prosecutor's office. Based on the actual coordination of certain situations with the team, the management level relieves itself of responsibility.

Difference from similar documentation

How is a collective agreement different from an employment contract?

Between a collective labor agreement and other types labor contracts, there is a noticeable difference:

1. He announces only standardized provisions, common to all employees.
2. At his conclusion modifications and changes are allowed, discussions until all points pass through mutual agreement of the parties. The standard form is not relevant in the case of a collective labor agreement.
3. When compiling it is permissible to introduce provisions on privileges that are not standardized by the Labor Code of the Russian Federation, but also not violating it.
4. A collective labor agreement affects the permissibility of making changes to other types of contract documentation, but not vice versa.

IMPORTANT: Some provisions included in the collective labor agreement, related to improving working conditions, the duration of labor leave or the standardization of the working day, has the right to cancel legislative regulations, established by the Labor Code of the Russian Federation, if they are installed at the expense of the employer.

Conclusion procedure

The drafting of the document was initiated by a group of activists from the team, or proposed directly by the employer.

At the same time an advance copy is compiled, the text of which is requested to be read by the counterparty.

Often the issue is raised at a general meeting, where a simple majority of votes as a result of an open vote recognize the need for its preparation.

In this case, it is worth putting the issue on the agenda, before the start of the meeting. If the initiative group made a proposal outside the scope of discussion of the issue at the meeting, the approval procedure is carried out through negotiations between the parties. Subsequently, the agreed upon version of the text is submitted for discussion and approved by the trade union meeting.

On the part of the administration and the team, representatives and proxies are identified who enter into negotiations based on the agreement of the detailed terms of the conclusion and the provisions introduced.

If an issue arises outside the meeting, proposals for representation can be made to the union, and from the administration - by a statement to the manager.

Based on the operative instructions of Part 2 of Art. 29 of the Labor Code of the Russian Federation, trade union representatives are obliged to defend their own interests and have the right to be elected as representatives.

Invitation to negotiations

As a rule, the active group is selected from among the employees. Some employers themselves propose drawing up a collective labor agreement because these requirements are increasingly tacitly, and sometimes with direct instructions, motivating its conclusion.

The initiating party submits a proposal for negotiations in writing. Counterparty within 7 days from the date of its receipt gives a positive answer or motivates the reasons for refusal.

If the reasons for the refusal are not convincing, they can be disputed with the labor inspectorate (GTI). After receiving written consent, a commission is formed to participate in the negotiations.

The day following receipt of the written response opens the negotiation period between the parties.

In the response text a list of commission members must be provided participating in the negotiations, which is determined by clauses 1.2 of Art. 36 Labor Code of the Russian Federation.

Typically, the members of the commission include representatives of the divisions of the enterprise, which is regulated by clauses 2-5 of Art. 37 Labor Code of the Russian Federation.

Individual entrepreneur employees have the right to nominate responsible persons from among themselves, or enter into negotiations collectively, if their number does not exceed 5 people.

Trade union members are notified through the trade union organization and provide lists of elected representatives.

No later than 2 days before the start of negotiations counterparties exchange available information. This gives them the opportunity to prepare for negotiations, which confirms clause 7 of Art. 37 Civil Code of the Russian Federation.

During negotiations, preliminary text matching takes place. If the parties do not reach an agreement, negotiations are postponed.

The duration of the negotiation period is generally limited 3 months. If an agreement is not reached during this time, a preliminary text is drawn up, to which protocols of disagreements between the parties are separately attached in accordance from Part 2, 3 Art. 40 Labor Code of the Russian Federation.

A ready-made agreed text or a preliminary copy with protocols of disagreements is presented to the meeting to approve the contract.

Parties and content

The parties to the collective labor agreement are the “Employer” and “Employees”, as indicated in the first introductory provision of the document, indicating personal data official and name of the organization.

The structure of the collective labor agreement is determined:

• introductory part;
• main provisions;
• conclusion.

Despite the fact that the specifics of each organization require a unique approach and the inclusion of the required nuances in the document.

The Ministry of Labor of the Russian Federation made the fate of the commission easier and offered for use the so-called “layout” approved in the Letter dated November 6, 2003. He offers total set of options and allows you to clearly reflect the structure of the document.

1. Securing employment. This defines the management positions required to allocate functional authority. As well as advantages and preferences for certain categories of workers.
2. Opening hours, rest time, granting vacations. Each provision provides the required characteristics and provides additional incentives.
3. Remuneration. One of the most pressing issues in the discussion. Here are options for material incentives for certain categories of workers.
4. Working conditions. Occupational safety protection. There are room for improvement here sanitary standards and protection from negative factors of a man-made nature.
5. Compensation for damage caused to health. Medical care. The provisions provide social guarantees for the receipt of herbs and injuries and discuss the possibilities of health prevention.

The collective labor agreement is filled out in the form established for drawing up contracts. There are no special requirements for it.

Conditions of signing

The agreement is signed by the parties, indicating the personal data of the employer and the name of the enterprise, indicating the form of ownership.

The signature requires a handwritten transcript and is placed at the end of the document text.

Details are indicated in the introductory part when determining the parties.

The number is placed at the very beginning of the document, directly below its name.

The agreement comes into force from the moment of its signing parties and is valid throughout the entire period. Upon completion of the period, it can be extended, or can be compiled anew.

How many collective labor agreements can be concluded in an organization? The contract is drawn up according to the number of parties - in 2 copies. One is kept by the manager, the other by the trade union organization. If this is not available, contact an authorized person.

ATTENTION: if the contract is not planned to be extended, the employer is required to notify the union or a team of workers about its termination.

The notification is issued in writing, with registration of the procedure.

The document is kept in a safe along with other important documentation for the entire period of validity, along with the documentation attached to it.

The used copy is stored in a safe, but in a different folder. That's where he should be within 3 years, after which it is transferred to the archive. Archival documents stored for 75 years.

Or - during the existence of the organization and, enterprises, after which it is subject to write-off along with other documentation.

Making changes

If the contract no longer meets the requirements of the time and working conditions.

Or, when additional opportunities arise to improve the organization in production, additions can be made to the contract.

They have the form of additional documentation and can be named:

• additions to the collective agreement;
• annex to the collective agreement.

Additions are allowed no more than every 3 months after the release of the next copy. They are not valid without a master copy.

Applications

Documentation is attached to the contract, reflecting the correctness of the procedure for its preparation, signing and approval by the meeting. It includes:

• protocols;
• act of the counting commission;
• preliminary version;
• additions and protocols for making changes.

ATTENTION! For violations committed during the preparation or conclusion of a collective labor agreement, the employer is subject to an administrative penalty, penalties may be imposed.

Termination

Except in cases of natural emergency termination, Situations of early termination may be allowed.

They are valid:

• by agreement of the parties;
• unilaterally;
• in court.

Forced termination of the contract is allowed if one of the parties fails to comply with its provisions, which requires documentary evidence.

Some conditions of the collective labor agreement require re-conclusion or termination of the document.

These are the cases:

• enterprise reorganization;
• changes in the form of ownership;
• liquidation and restructuring of a legal entity.

The procedure for concluding an agreement regulates the inclusion in its provisions, clauses and subclauses of those issues that may become a “stumbling block” between administrative instructions and the requirements of the team.

Useful video

This video explains in detail the intricacies of concluding a collective labor agreement: