Collective agreements concluded between representatives of employers and employees are designed to regulate labor and other relations directly related to them. The conclusion of an employment contract and amending it is governed by Part 1 of Article 40 of the Labor Code of the Russian Federation. An approximate list of issues that can be regulated by a collective agreement is given in article 41 of the Labor Code of the Russian Federation. The Labor Code of the Russian Federation prescribes the procedure for concluding a collective agreement.
Instructions
Step 1
A collective agreement can be concluded for a period not exceeding three years, its validity, by agreement of the parties, can be extended for the same period, the number of such extensions is not limited by law. The collective agreement comes into force from the date of signing or the date specially stipulated in it.
Step 2
Representatives of employees, who are united in a single representative body, take part in the preparation and conclusion of a collective agreement. If most of the employees of the enterprise are members of one trade union, then such a body is not created. The elected body of this trade union has the right to single-handedly send the employer or his representative proposals to start collective bargaining.
Step 3
If the organization has several trade unions and their members make up more than half of the workers, then by the decision of their trade unions, a single representative body can be created, which will participate in the preparation and conclusion of a collective agreement. When creating such a single representative body, the principle of proportional representation is used.
Step 4
If the composition of trade union associations is less than half of the employees at the enterprise, then it is necessary to hold a general meeting, at which, by secret ballot, the trade union association is elected, the elected body of which will act on behalf of the workers. At such a conference or general meeting, another representative body or sole representative may be elected, who will be entrusted to send the employer a proposal to start collective bargaining on the preparation and conclusion of a collective agreement. The sole representative is vested with the appropriate powers by the decision of the meeting.
Step 5
Any party can initiate proposals for the preparation and conclusion of a collective agreement. The information required for the conclusion of a collective agreement must be provided by both parties no later than two weeks after the start of negotiations.
Step 6
In the event of disagreement, the collective agreement must in any case be concluded no later than three months after the start of negotiations. In this case, a protocol of disagreements is drawn up, and the signing takes place on agreed terms.
Step 7
The collective agreement must be sent by the employer or his authorized representative for notification registration no later than one week after the conclusion.
