A collective agreement is a document concluded between the owner or administration of the enterprise and the labor collective. It can be signed in the parent organization, as well as in its branches and other separate structural divisions.
Necessary
the consent of the labor collective, represented by the trade union, and the employer
Instructions
Step 1
Article 41 of the Labor Code of the Russian Federation allows the parties to independently determine the content and structure of the collective agreement. The collective agreement is drawn up by the trade union established at the enterprise.
Step 2
When drawing up a collective agreement, indicate in it the forms, sizes and systems of remuneration, the mechanism for regulating wages taking into account the rise in prices and inflation, payment of travel expenses, working hours and time for rest, granting and duration of vacations, improving the working conditions and safety of employees, environmental safety and health protection, guarantees and benefits for employees, refusal to strike if the relevant conditions of the collective agreement, bonuses and remuneration, etc. are met.
Step 3
Please note that conditions that worsen the situation of employees in comparison with the Labor Code cannot be included in the collective agreement. If such clauses do exist, they cannot be applied (Articles 9 and 50 of the Labor Code of the Russian Federation).
Step 4
The maximum term of a collective agreement is 6 years. According to Article 43 of the Labor Code, establish a collective agreement for 3 years and you can extend it for the same period. After 6 years, you will conclude a new collective agreement. Consult experienced lawyers and personnel officers when drawing up a collective bargaining agreement.
Step 5
Despite the widespread opinion that the conclusion of a collective agreement is not held in high esteem by the heads of enterprises, it, nevertheless, allows in some cases to reduce taxation, as well as to hold employees liable for violation of labor discipline described in the agreement.
Step 6
The signing of a collective agreement is optional, but if employees notify you in writing of their desire to sign a collective agreement, you cannot evade it, otherwise it will be regarded as a violation of applicable labor laws.
Step 7
Register the collective bargaining agreement after signing. To do this, within 7 days after the conclusion, send the contract to the appropriate labor authority. Make all changes and additions to the collective agreement through collective bargaining.
