A collective agreement is an internal legal document regulating social and labor relations of members of one collective (Article 40 of the Labor Code of the Russian Federation). The document is drawn up and agreed with the participation of management and representatives of workers in the person of the primary or independent trade union organization. Any changes or additions can be made by the same composition through negotiations and voting.
It is necessary
- - general meeting of the administration and the primary or independent trade union;
- - minutes signed by the voting participants.
According to article 41 of the Labor Code of the Russian Federation, a collective agreement can include a list of any issues regulated at a given enterprise. The legislation does not provide guidance on a specific list. To change one or several points or conclude a new collective agreement with changes, additions or with the same content, gather the primary or independent trade union organization and the administrative staff of the enterprise.
Announce the agenda with written minutes. The entire course of the meeting, proposals for changes or additions with the argumentation of certain raised issues, enter into the minutes.
Take a vote on each item of change or addition. Enter the number of votes "for", "against", "abstained" in the minutes of the meeting.
Make changes or additions to the collective agreement if the number of those who voted for the proposed proposal is more than 50%. The smaller number of votes confirms that the proposals put forward did not pass the vote and the internal collective agreement cannot be changed or is subject to change on several points, for which the majority of the members of the meeting voted.
Any collective agreement can be drawn up for a period of one to three years. At the end of this period, the document is subject to re-approval for all existing items with additions, amendments and consideration of new proposals on the agenda, which must be included in the drawn up document.
For any changes to the contract or when a new document is approved, hold a general meeting, vote and collect signatures from management and union leaders under the list of changed or approved issues.
Any change or statement in the document should not infringe on the rights of working employees in relation to other citizens. All clauses of the collective agreement must comply with the instructions of the current Labor Code and general civil norms specified in this regard in the Civil Code of the Russian Federation. If some points do not meet these requirements, then according to the law they are considered invalid regardless of the general approval and voting.