The main function of the collective agreement, which is concluded between the employer and the collective of employees of the enterprise, is to enshrine in this normative act the social and labor rights of workers. In order to avoid violation of the employment contract, it is necessary to draw up it in such a way that the obligations assumed by the management and the team are feasible and comply with the norms of labor legislation.
Instructions
Step 1
The condition of compliance with the norms stipulated in the Labor Code is a guarantee that neither the team nor the management will violate the drawn up collective agreement. The main violations that are found in the texts of collective agreements are issues related to the organization of working hours and rest time directly in the field. This is due to the use of industry tariff agreements.
Step 2
Often in the collective agreement, you can see a clause providing for the payment of compensation for unused vacation. Meanwhile, this is a direct violation of Art. 124 TC. It turns out that a completely legal refusal to provide compensation contradicts the current collective agreement and forces the employer to violate it, although he is acting in accordance with existing legal norms.
Step 3
A violation of the law is the refusal to pay overtime hours worked by managers, specialists and employees, in the event that they are not granted additional leave for irregular working hours. This leads to the fact that overtime work is not compensated by the employer in any way, which is a direct violation of the labor rights of these categories of workers.
Step 4
The norm stipulated in the collective agreement that, if necessary, the administration has the right to involve employees in work on weekends and holidays, is also not in favor of the employees. It turns out that the administration has the right to distract its employees from the well-deserved rest at any time they want. But, at the same time, all such cases are strictly stipulated in Art. 113 of the Labor Code of the Russian Federation. It provides a list of exceptional cases in which people can be recruited to work on holidays.
Step 5
In order to exclude such contradictions with the law, when writing a collective agreement, pay special attention to issues of work and rest regime, provide for a reduction in working hours for those categories of employees that are stipulated in labor legislation. Consider the possibility of dividing the working day into parts for certain categories of workers, limit the circle of persons who may be involved in overtime work, weekends and holidays. These measures will help you stay in line with your employment contract and act in accordance with the law.
