In addition to the employment agreement (contract) concluded between the employer and the employee, there is still a collective agreement at the enterprises. It is designed to regulate the relationship between the enterprise and the entire workforce.
What is a collective agreement
A collective agreement is a written agreement concluded between the administration of an enterprise (individual entrepreneur) and employees, and designed to regulate social and labor relations between them. The collective agreement applies to all employees of the enterprise and its structural divisions (branches, representative offices).
The collective agreement is signed by the authorized representatives of the enterprise and the labor collective. After its conclusion, the collective agreement within seven days is subject to notification registration with the relevant labor authority.
The collective agreement contains conditions regarding the mechanism of remuneration and bonuses for employees, the provision of guarantees and compensation, working hours and rest time, labor safety, the procedure for improving the qualifications of employees, etc. For some categories of workers, the collective agreement may establish benefits and privileges that are not provided for by the current legislation.
For how long is the collective agreement concluded
For a collective agreement, the validity period is stipulated in its text. A collective agreement may come into force both from the moment of signing, and from a specific date agreed by the parties. According to the legislation, the term of the collective agreement cannot exceed 3 years. After its expiration, the parties can conclude a new collective agreement or prolong the current one for a maximum of 3 years. Then, you still have to sign a new collective agreement.
A change in the name of an enterprise, its transformation, as well as a change of head do not affect the term of the collective agreement. At the same time, a special procedure for the operation of a collective agreement exists in the event of a change in the owner of an enterprise, as well as during its reorganization and liquidation. So, if the owner of the enterprise has changed, then the old collective agreement continues to operate for another 3 months. In case of reorganization of an enterprise (except for transformation), the collective agreement is valid until the end of the corresponding procedure. After that, the parties have the right to conclude a new collective agreement or extend the old one. In case of termination of the enterprise, the collective agreement continues to operate throughout the entire period of its liquidation.
