A collective agreement is a normative agreement between an employer and a work collective that governs relations in the field of labor law. The legislation does not oblige to conclude a collective agreement (hereinafter - KD) in organizations, but it is especially desirable in those enterprises where there is no trade union. The rules and procedure for concluding a design document are governed by the Law of the Russian Federation of March 11, 1992 N 2490-I "On Collective Agreements and Agreements" and the Labor Code of the Russian Federation.
Instructions
Step 1
1. The employer or labor collective must initiate negotiations on the conclusion of the CB by sending a written notice to the other party. The other party is obliged to start negotiations within seven days from the date of receipt of the notification. The labor collective at the general meeting determines its representatives who are authorized to negotiate. On the part of the employer, the employer himself or his appointed authorized representative acts. Representatives of both sides agree on the terms, venue and agenda of the negotiations. In this case, the parties are given a free choice of issues for discussion. The procedure and terms for concluding a design agreement, the composition of representatives, the place of negotiations are formalized by an order for the enterprise and a decision of representatives of the labor collective.
Step 2
2. The content of the CA is determined by the parties themselves. The law provides for the following issues that can be included in the CA: system and amount of remuneration, system of additional payments and compensations, allowances and additional remuneration; the procedure for changing wages based on the inflation rate or meeting the indicators determined by the CA; working hours, rest and vacation time; issues of employment and retraining of employees; improved working conditions, including for women and adolescents; medical and social insurance; conditions for observing the interests of employees in the event of privatization of an enterprise and departmental housing; health protection; benefits for employees who combine work and training; control over the implementation of the conditions of the CA, the responsibility of the parties, the procedure for making changes and additions. At the same time, it is possible to include in the contract conditions more favorable for employees than provided for by law.
Step 3
3. After the development of the CD project, it is subject to discussion, revision and approval at the general meeting of employees. If necessary, representatives of employees request additional information from representatives of the employer, executive authorities and local self-government, and they are obliged to give an answer on the merits within two weeks.
Step 4
4. The duration of the CA is from one to three years, which is indicated in the text of the agreement. The contract comes into force from the moment it is signed by both parties, or from another date set in the CA itself. If, after the expiration of the established period, the parties have not agreed to change or conclude a new one, the old CA continues to operate. The agreement remains in effect if there have been changes in the structure, name or management of the organization. If the owner has changed, then the old CA is valid for 3 months. During this period, negotiations should begin on the preservation, revision or conclusion of a new CA.
Step 5
5. Amendments to the current CA is made by mutual agreement of the parties, in accordance with the terms of the CA. If these conditions are not defined, then the changes are made in the same order as its conclusion.
Step 6
6. After signing, the employer is obliged to send the CA for notification registration to the labor authority at the location of the enterprise within seven days.
