A trade union at the level of a particular company can be formed by any employee, but it must consist of at least two members. The creation of a trade union is carried out on the basis of a decision made by its founders, the subsequent state registration is of a notification nature.
Instructions
Step 1
The current legislation of the Russian Federation defines trade unions as voluntary associations of citizens associated with certain industrial or professional interests, which are created in order to jointly protect labor, social rights, and represent workers in relations with the employer. At the level of specific companies, trade unions are created by workers in the form of primary trade union organizations.
Step 2
To organize a trade union, at least two people should be found who will become its members. This requirement follows from the very definition of a trade union, which implies the presence of more than one member in such an association. After identifying persons who are ready to join the union being created, a list of its members is drawn up.
Step 3
After determining the future composition of the trade union, its charter or regulation on the primary trade union organization should be developed. All subsequent activities of the trade union will be carried out on the basis of this document. The charter of this organization includes the name, goals of activity, organizational structure, location and other information provided for by a special federal law.
Step 4
At the next stage, it is necessary to make a formal decision on the creation of a trade union, the approval of its charter. For this, a constituent meeting of the trade union is convened, to which its members are invited in accordance with the list drawn up earlier. The meeting may also make other decisions (for example, on the election of a governing body) that are required at the initial stage of activities.
Step 5
After the founding meeting and the adoption of the indicated documents, the trade union is considered created. Its subsequent registration with the Ministry of Justice of the Russian Federation is of a notification nature, but it is necessary for the primary trade union organization to obtain the rights of a legal entity. For state registration, the management bodies of the trade union send to the territorial division of the Ministry of Justice at the place of their location the charter, the decision on the creation of the trade union and the approval of the charter, the list of participants.
Step 6
After receiving these documents, the Ministry of Justice sends them to the tax authority, which makes a corresponding entry in the register of the created legal entity. After that, a document confirming the entry of the corresponding entry is transferred to the management bodies of the trade union, and the trade union itself acquires the rights of the organization.
