The main purpose of collective bargaining is to reach an agreement between representatives of the employer and employees regarding the provisions that will be contained in the agreement, and to actually sign it.

To this end, the parties can receive from each other the information necessary to draw up an agreement, which is provided no later than two weeks from the receipt of the relevant request. Based on this information, as well as recommendations for concluding a contract contained in the legislation, the parties already decide what exactly will be included in the contract.

The negotiating parties have complete freedom to choose issues that will be regulated by the collective agreement. To avoid disputes and simplify the process of drawing up a contract, it is best to use labor legislation. Thus, on November 6, 2003, the Russian Ministry of Labor approved a model of a collective agreement, which can be used as a template. And Article 41 of the Labor Code contains the main issues that should be paid attention to when concluding a contract. Firstly, the section “Forms, systems and amounts of remuneration”. Based on the provisions of Article 135 of the Labor Code, the parties can provide for the elements that make up wages; bonus system; surcharges and allowances; compensation payments, etc.

Secondly, the section “Payment of benefits and compensations”. Most often it provides for the payment of benefits in addition to those established by law. For example, payment of “compensation” upon dismissal by agreement of the parties.

For your information

The negotiating parties have complete freedom to choose issues that will be regulated by the collective agreement.

Thirdly, the section “Mechanism for regulating wages taking into account rising prices, inflation levels, and fulfillment of indicators determined by the collective agreement.” The employer's obligation to index wages is established. The parties establish the following:

• on the basis of what data (about inflation, about price increases in the country or region) indexation will take place;
• which payments are indexed and which are not (salary, bonuses, additional payments, allowances, etc.);
• Indexation frequency (month, quarter, year).

The employer should pay special attention to the grounds for terminating indexation, since in their absence he will not be able to refuse to fulfill this obligation.

A condition may also be provided for an increase in payment when the employee fulfills specific labor indicators (for example, the number of cars repaired).

Fourthly, the section “Employment, retraining, conditions for releasing workers.” This may include conditions on improving the labor standardization system, on the creation of new jobs, on retraining if new technologies begin to be used, etc. Also included are provisions that determine the categories of workers who have a preferential right to remain at work with equal labor productivity and qualifications, etc.

Fifthly, the section “Working time and rest time”. The parties may agree to reduce working hours or provide additional days off for certain categories of employees (for example, those who have children). Establish additional paid vacations, a corporate holiday non-working day, which will be paid.

Sixthly, the section “Improving the working conditions and safety of workers” may include increased requirements for the safety of working premises, machines, tools, personal protective equipment, etc. Higher labor safety standards are also established compared to state ones.

Seventh, section “Compliance with the interests of workers during the privatization of state and municipal property.” The parties establish the procedure and conditions for employees’ participation in the privatization of state and municipal property owned by the employer.

Based on the provisions of Article 135 of the Labor Code, the parties can provide for the elements that make up wages; bonus system; surcharges and allowances; compensation payments, etc.

Eighth, the section “Environmental safety and health protection of workers at work,” which provides for measures, including preventive ones, aimed at reducing harmful production emissions and the level of negative impact of production factors on employee health.

Ninth, section “Guarantees and benefits for employees combining work with training.” For example, the employer assumes the responsibility to fully or partially pay for the employee’s training.

Tenth, section “Health and recreation of workers and members of their families.” The possibility of sending employees and their immediate relatives at the expense (in whole or in part) of the employer to sanatoriums, health camps, etc., as well as payment for subscriptions to fitness clubs and unscheduled medical examinations, is discussed.

Dangerous moment

The employer, within seven days after signing the contract, must send it for notification registration to the labor authority, which is determined at the level of the constituent entities of the Russian Federation.

Eleventh, section “Partial or full payment for food for employees.” Representatives of the employer and employees are determined with the possibility of issuing food vouchers or paying compensation in a certain amount; it may also be decided to order lunches to the office (warehouse, production workshop).

Twelfth, section “Monitoring the implementation of the collective agreement, the procedure for making changes and additions to it, the responsibility of the parties, ensuring normal conditions for the activities of employee representatives, the procedure for informing employees about the fulfillment of the conditions contained in the agreement.” The parties specify the conditions under which control over the execution of the contract will be carried out. For example, a documentary procedure is established for providing information on the implementation of certain provisions of the contract by both the employer and the employees. The periods for providing this information are indicated (month, quarter). The procedure for verification by employee representatives of the accuracy of this information may also be regulated.

As a general rule, the procedure for making changes and additions to the contract corresponds to the procedure for concluding it. However, the contract can provide for a simplified procedure, where the negotiation period, for example, is reduced. The parties do not have the right to stipulate the possibility of making changes unilaterally; they can only be made by mutual agreement.

For the activities of team representatives, the employer may assume the responsibility for providing additional premises, vehicles, etc.

Further, sanctions are determined for the organization and employees in case of failure to comply with the provisions of the collective agreement. However, the employer does not have the right to provide for any additional disciplinary measures that are not provided for by labor legislation, as well as the possibility of limiting the employee’s labor rights. Therefore, it is most often established that the employee is deprived of compensation, benefits, and allowances that are provided for in the collective agreement.

Thirteenth, the “No Strikes” section, in which employees undertake not to go on strike if the employer complies with all the terms of the collective agreement.

Also, the contract, at the discretion of the parties, may include conditions for payment for mobile communications, travel by public transport to work, assistance in improving living conditions, organization of any festive events, etc.

Registration

The employer, within seven days after signing the contract, must send it for notification registration to the labor authority, which is determined at the level of the constituent entities of the Russian Federation. For example, in St. Petersburg, collective agreements are registered by the Committee on Labor and Employment.

Nevertheless, the contract comes into force and is binding not from the moment of its registration, but from the date of its signing (the date determined in the terms of the contract). Thus, the labor authority only carries out registration and analysis, through which the terms of the contract are identified that do not comply with the current labor legislation, which is its main task. However, this body does not have the right to make any changes to the contract or demand their introduction. It only reports the presence of inconsistencies, and the parties to the agreement themselves decide whether to make changes to the collective agreement or apply it without taking into account provisions that contradict the law.

There is no provision in the law that would provide for employer liability for failure to register a collective agreement. However, inspection authorities may regard failure to submit a contract for registration as a violation of labor laws and hold the employer liable under Article 5.27 of the Code of Administrative Offenses. This may entail a fine for officials - from 1,000 to 5,000 rubles, for legal entities - from 30,000 to 50,000 rubles, and an alternative punishment such as suspension of activities for up to 90 days may be applied.

Validity

The maximum period for which the contract is concluded is three years. Moreover, it can be extended (for example, by concluding an additional agreement) an unlimited number of times, but the extension period should also not exceed three years.

The contract continues to be valid even if the name of the organization is changed, reorganization in the form of transformation and termination of the employment contract with the head of the organization. In case of liquidation, it is valid until its completion.

However, the following situations are different:

• when changing the form of ownership of an organization, the contract will be valid only for three months from the date of transfer of ownership rights;
• the agreement will be valid only until the end of the reorganization (merger, accession, division, spin-off).

In these cases, after the termination of the agreement, either party has the right to send proposals to the other party to conclude a new collective agreement or extend the validity of the old one.

PUBLIC CORPORATION
"Company"

Chairman of the trade union committee
JSC "Enterprise"

Z.Z. Defenders

CEO
JSC "Enterprise"

D.D. Directors

COLLECTIVE AGREEMENT
for _________

TABLE OF CONTENTS………………………………………………………………………………………………………………………………
Section I. GENERAL PROVISIONS………………………………………………………………………………………………………… …….
Section II. GUARANTEES OF THE ACTIVITY OF THE TRADE UNION………………………………………………………………………………………..
Section III. AGREEMENTS IN THE FIELD OF WAGES ……………………………………………………………….
Section IV. WORKING TIME AND REST TIME ………………………………………………………………
Section V. AGREEMENTS ON EMPLOYMENT AND SOCIAL PROTECTION IN THE EVENT OF LOSS OF JOB…………………………………………………………………………………………………………………… ………………………
Section VI. AGREEMENTS IN THE FIELD OF TRAINING, RETRAINING, IMPROVING QUALIFICATIONS AND CERTIFICATION OF PERSONNEL…………………………………………………………………………………………………………
Section VII. AGREEMENTS ON PAYMENT OF MATERIAL ASSISTANCE AND NON-MATERIAL FORMS OF INCENTIVENESS OF EMPLOYEES…………………………………………………………………………………………………………………………. .
Section VIII. AGREEMENTS IN THE FIELD OF SOCIAL ISSUES…………………………………………..
Section IX. FINANCING OF CULTURAL AND MASS ACTIVITIES…………………………………………………….
Section X. AGREEMENTS IN THE FIELD OF OCCUPATIONAL SAFETY ……………………………………………………………..
Section XI. CONTROL AND RESPONSIBILITY FOR THE IMPLEMENTATION OF THE COLLECTIVE AGREEMENT………………..

Applications
Appendix 1. Internal labor regulations……………………………………………………….
Appendix 2. Regulations on remuneration of employees……………………………………………………………….
Appendix 3. Regulations on bonus wages……………………………………………………………………………….
Appendix 4. Regulations on non-financial types of incentives……………………………………………………………………..
Appendix 5. Regulations on non-state pension provision for employees……………….
Appendix 6. Special opinion of the trade union committee………………………………………………………………………………….
Appendix 7. Composition of the commission for the development of a collective agreement……………………………………………………….

Section I. GENERAL PROVISIONS

1. This Collective Agreement is a legal act regulating social and labor relations at JSC Enterprise.
2. The parties to the Collective Agreement are the employees of OJSC "Enterprise" represented by the chairman of the trade union committee (trade committee) and the employer represented by the general director of OJSC "Enterprise".
3. All provisions of the collective agreement are developed in accordance with the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the Law of the Kr region “On Social Partnership”, the agreement “On Social Partnership between the Administration of the Kr region, the Federation of Trade Union Organizations of the region and associations employers”, other legislative and regulatory acts. If the current legislation changes, the parties are obliged to make appropriate changes to the agreement. The collective agreement includes regulatory provisions for which the Labor Code of the Russian Federation or other regulatory legal acts contain a direct instruction on the mandatory enshrinement of these provisions in the collective agreement. Annexes to the collective agreement are its mandatory and integral parts.
4. In the event of a revision of legislative norms in the direction of reducing the rights of employees for the period of validity of this agreement, the enterprise retains the previous norms, if this does not lead to a significant deterioration in the financial condition of the enterprise.
5. The parties who have entered into this collective agreement undertake to build their relations with each other on the principles of:
» cooperation, respect for each other’s interests, striving to achieve compromise solutions;
» compliance with the norms of the Labor Code of the Russian Federation, other legal documents and the collective agreement;
» equality of rights and powers of representatives of the parties;
» voluntary acceptance of obligations;
» the reality of fulfilling the obligations assumed.
6. The parties acknowledge that the economic basis of the obligations of the collective agreement is the successful financial, economic, production and commercial activities of the enterprise. If there are financial opportunities, the employer can unilaterally (taking into account the opinion of the trade union committee) introduce benefits and advantages, working conditions that are more favorable in comparison with those established by the Labor Code, this collective agreement and other legal acts.
7. Changes and additions to the collective agreement are made on the basis of written proposals of the parties. An agreed decision must be made within 5 days after submission of the proposal.
8. The collective agreement is concluded for a period of three years, comes into force from the date of signing by the parties and is valid for the entire period. The parties have the right to further extend the Collective Agreement for a period of up to 3 years.
9. The collective agreement remains valid in the event of a change in the name of OJSC “Enterprise” or termination of the employment contract with the current general director. During the reorganization (merger, accession, division, spin-off, transformation) of JSC Enterprise, the collective agreement remains in force throughout the entire period of the reorganization.
10. The employer undertakes, no later than one month from the date of signing, to bring the text of this collective agreement to the attention of the employees of OJSC Enterprise by issuing a separate brochure with a circulation of at least 200 copies.
11. The full text of the collective agreement, together with amendments, additions and appendices to it, is stored in the personnel department for familiarization with it for those hired, and copies of the collective agreement are necessarily available in the legal department, economic planning department, accounting, and trade union committee.
12. The interpretation of the terms of the collective agreement and their application is carried out by the commission that developed the draft Collective Agreement.

Section II. GUARANTEES OF TRADE UNION ACTIVITY

A trade union is a voluntary public association of citizens bound by common production and professional interests in the nature of their activities, created for the purpose of representing and protecting their social, labor rights and interests.
1. The employer recognizes the trade union committee as the representative and defender of the interests of trade union members - employees of the enterprise. The relationship between the employer and the trade union committee is built on the basis of the Labor Code of the Russian Federation and the Law of the Russian Federation “On trade unions, their rights and guarantees of activity.”
2. The trade union committee exercises supervision and control of the employer’s compliance with labor legislation and the collective agreement, identifies, expresses and protects the legitimate interests of employees and trade union members
3. The employer does not have the right to interfere in the activities of the trade union committee and its divisions, to cancel, change or demand the cancellation of decisions previously made by it, if these decisions do not contradict the law and the collective agreement.
4. The employer takes into account the opinion of the trade union committee in the following cases:
» establishment of a remuneration system, forms of material incentives, approval of provisions on bonuses (Article 135 of the Labor Code of the Russian Federation);
» attracting workers to work on rest days (Article 113 of the Labor Code of the Russian Federation);
» approval of instructions on labor protection (Resolution of the Ministry of Labor of the Russian Federation dated July 1, 1993 No. 129);
» summarized recording of working time (Article 104 of the Labor Code of the Russian Federation);
» introduction, replacement and revision of labor standards (Article 162 of the Labor Code of the Russian Federation);
» permission for overtime work (Article 99 of the Labor Code of the Russian Federation);
» approval of shift schedules (Article 103 of the Labor Code of the Russian Federation)
» the order of granting vacations (Article 123 of the Labor Code of the Russian Federation);
» dismissal at the initiative of the administration of workers - members of the trade union under the following points of the Labor Code of the Russian Federation: clause 2, clause. b, clause 3, clause 5 of Art. 81 Labor Code of the Russian Federation, art. 374
5. Shop committees are delegated the rights of the trade union committee in the field of relations with the workshop administration, which are built on the basis of mutual agreements and this agreement.
6. Dismissal of managers (their deputies) of elected trade union collegial bodies of an enterprise, its structural divisions (not lower than shop units) who are not released from their main work, is allowed, in addition to the general procedure for dismissal, only with the prior consent of a higher elected trade union body.
7. The employer undertakes to provide the chairman of the trade union committee of a shop (department), who is not released from his main job, to perform public duties related to identifying, implementing and protecting the interests of workers, up to 8 hours a month while maintaining average earnings, with the exception of cases when absence from work place during this period is not allowed due to production needs and it is impossible to make a replacement.
8. To undergo short-term trade union training, participate as delegates at Congresses (conferences, plenums, other events held by the regional trade union organization), the employer undertakes to provide the chairman of the trade union committee of the workshop (department), who is not released from his main job, with a total of up to 3 days a year, while maintaining average earnings, except in cases where absence from work during this period is not allowed due to production needs and it is impossible to make a replacement.
9. In order to create conditions for the activities of the trade union, the employer provides the trade union committee with free use of at least one office office, furniture, communications equipment, transport (Article 377 of the Labor Code of the Russian Federation), organizes at its own expense the cleaning and timely repair of premises, as well as repairs and maintenance office equipment. The employer undertakes, at the request of the trade union committee, to carry out typing, copying and binding work.
10. For extended meetings of the trade union committee and trade union training, in the absence of other events planned for the same time, the employer provides the trade union committee with a training class of the enterprise.
11. The employer, on the basis of personal statements, ensures the withholding of trade union dues from the wages of employees of trade union members and their timely transfer to the trade union committee through the accounting department of the enterprise at the time of payment of wages to the employees of the enterprise.
12. The trade union committee has the right to participate in the settlement of labor disputes through its authorized representatives in the labor dispute commission.
13. Trade union committee employees who are released from their main jobs have the same labor rights, guarantees, and benefits as other employees of the enterprise.
14. If there is production capacity, in agreement with the employer, the trade union committee has the right to carry out the following activities during working hours:
» Negotiations with the administration to conclude a collective agreement and discuss it.
» Monitoring the implementation of the collective agreement.
» Trade union committee meeting (no more than once a month with the participation of no more than 15 people, lasting no more than 1 hour during working hours).
15. The employer recognizes the right of the trade union committee to information on socio-economic issues that do not contain commercial secrets. The chairman of the trade union committee has the right to participate in weekly dispatch meetings.
16. The trade union committee has the right to present information about the activities of the trade union and its bodies, to notify about upcoming trade union events in the newspaper “New Technology”, information releases of the Personnel Department, information stands.

Section III. AGREEMENTS IN THE FIELD OF WAGES

1. Remuneration is a system of relations related to ensuring that the employer establishes and makes payments to employees for their work in accordance with the Labor Code of the Russian Federation, other regulations, the Collective Agreement, local regulations and employment contracts. Wages are remuneration for work depending on the employee’s qualifications, complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments.
2. The remuneration system is regulated by (Appendix 2) and (Appendix 3), approved by the general director in agreement with the trade union committee, and the employment contract. Employees are required to familiarize themselves with these documents when hiring, and can also familiarize themselves with them at any time in the personnel department, economic planning department or trade union committee.
3. Salaries are paid twice a month. The first part is paid from the 5th to the 10th of the month following the reporting month, the second part of the salary is paid from the 20th to the 25th of the month following the reporting month. Wages are paid in cash at the enterprise's cash desk or transferred to the employee's card account in the bank serving the enterprise.
4. Payment of the first part of wages for time-based workers must be no less than the official salary (tariff) for the time actually worked, without taking into account allowances, bonuses, and regional coefficient.
5. Payment of the first part of wages for piece-rate workers is set at a fixed amount, which is adjusted to the actual time worked, excluding work on weekends and overtime:
» Students of all departments - 1,500 rubles.
» Other employees - 3,000 rubles.
6. Personal income tax is withheld from the first part of the salary. For employees from whom deductions are made from wages (payment for factory dormitory, according to writs of execution, etc.), the amount of the first part is reduced by 70% for each type of deduction.
7. For employees dismissed before the first part of their wages is calculated, the first part is not paid.
8. Payment of interim payments (sick leave, vacation pay, unscheduled advances, financial assistance, etc.) is made as documents are completed weekly, usually on Thursdays.
9. The parties recognize that the economic basis for increasing the level of wages of employees of an enterprise is an increase in labor productivity, including an increase in production output per employee, the performance of labor duties by a smaller number, the introduction of organizational and technological innovations, and the modernization of production. The parties agreed that an economically justified increase in average wages at an enterprise is such an increase in which the growth rate of average wages does not exceed the increase in the volume of sales of main products per employee. Subject to an economically justified rate of growth of average wages, the employer undertakes to ensure an annual increase in average wages at the enterprise of no less than 12.0%.
10. Wage indexation is carried out in agreement with the trade union committee, annually in the amount of 10%, while the parties agreed that the amount of indexation will not exceed the difference between the annual growth rate of revenue from the sale of main products per employee and the growth rate of average wages.
11. The employer undertakes to make efforts to prevent cases of wages being charged below the subsistence level in the city of Kr-sk to employees of industrial production personnel who work the full planned monthly fund of working hours and have completed the full volume of the monthly production task. The employer undertakes to analyze these cases on a monthly basis and, based on the results of the analysis, take the necessary measures, including changing the level of remuneration, redistributing work responsibilities with the reduction of low-paid workers.
12. See Appendix 6 to the collective agreement.

Section IV. WORKING TIME AND REST TIME

1. Working time - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, relate to working time. The work schedule is determined by the schedule (Appendix 1).
2. The working week is 40 hours. Working hours on the day preceding a non-working holiday are reduced by 1 hour.
3. The employer undertakes to ensure accurate recording of the employee’s working time. Working hours can be recorded using an automated access control system. The trade union committee undertakes to provide assistance to the employer in ensuring labor discipline and internal regulations for employees. Upon the recommendation of the employer, the trade union committee is obliged to apply public sanctions to violators of labor discipline.
4. All employees are provided with annual leave while maintaining their place of work and average earnings. The duration of annual paid leave is set at 28 calendar days. Extended basic annual leave is provided to employees with disabilities - 30 calendar days, to employees under 18 years of age - 31 calendar days.
5. Employees are provided with annual additional paid leave, the duration of which is determined in calendar days (Article 120 of the Labor Code of the Russian Federation).
» For employees with irregular working hours (except for employees who are paid a bonus for irregular working hours) - 3 calendar days.
» Public Occupational Safety and Health Commissioner (according to the list approved by the General Director) - 3 calendar days.
» Employees engaged in work with hazardous working conditions are provided with additional leave according to the list approved by the General Director with the mandatory approval of the trade union committee. One copy of the list is kept by the chairman of the trade union committee.
» Citizens who have received or have suffered radiation sickness, other diseases, and disabled people as a result of the Chernobyl disaster - 14 calendar days (Federal Law 1244-1 of May 15, 2003 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”)
» In other cases provided for by law and the collective agreement.
6. Non-working holidays falling during the vacation period are not included in the number of calendar days of vacation and are not paid.
7. The employee must be notified of the start time of the vacation no later than two weeks before it begins.
8. For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.
9. Based on a written application from the employee, the employer is obliged to provide leave without pay (Article 128 of the Labor Code of the Russian Federation):
» for participants of the Great Patriotic War - up to 35 calendar days a year.
» for working old-age pensioners - up to 14 calendar days a year.
» parents and spouses of military personnel who were killed or died as a result of injury, concussion or injury - up to 14 calendar days.
» for working disabled people - up to 60 calendar days a year.
» to employees in the event of the birth of a child, marriage registration, death of close relatives - up to 5 calendar days a year.
» for mothers taking their children to first grade - up to 30 calendar days a year.
» for employees upon admission to educational institutions with state accreditation - up to 15 calendar days a year (Articles 173, 174 of the Labor Code of the Russian Federation).
» veterans of the Russian Federation - up to 30 working days per year (for certain categories of veterans up to 14 working days per year) in accordance with Federal Law No. 5 of January 12, 1995.
10. All other issues of working time and rest are regulated by the Labor Code of the Russian Federation and other regulatory legal acts

Section V. AGREEMENTS ON EMPLOYMENT AND SOCIAL PROTECTION IN THE EVENT OF JOB LOSS

1. The employer recognizes that employment is an important condition for the well-being of the employee, and will take all necessary measures to preserve jobs and comply with the terms of employment contracts. The trade union committee recognizes that in a market economy, optimizing the number of employees, including when updating fixed assets and technology, is one of the necessary ways to increase the efficiency of an enterprise.
2. The employer undertakes, if reduction is necessary:
-conduct consultations with the trade union committee on all cases of job elimination and workforce reduction;
- notify the trade union committee at least three months in advance about the upcoming massive reduction in numbers. The parties refer to mass dismissal of employees as the termination of employment contracts with employees on the grounds provided for in paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, in the number of 50 or more employees for 30 days, 100 or more employees for 90 days (Resolution of the Government of the Russian Federation No. 99 of 02/05/1993).
3. To maintain the number of employees, the employer undertakes to take the following measures:
-closing the recruitment of workers for vacant positions;
-intra-production movement of workers;
-transfer of employees to part-time work;
-providing employees with leave without pay;
4. When reducing the number, the employer undertakes to provide persons notified of the reduction with 4 work shifts within two months from the date of warning to find a new job with payment based on the average salary, if during the specified period the employee was not idle and had opportunity (time) to search for work.
5. Other social guarantees in the field of employment and social security upon dismissal are provided in accordance with the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation.
6. Compensation upon dismissal is paid within the time limits provided for in this collective agreement for the payment of wages.
7. The employer undertakes to prevent cases of simultaneous dismissal due to staff reduction of spouse employees if they have minor children.
8. The employer undertakes to assist an employee who wishes to improve his skills, undergo retraining and acquire another profession by organizing in-house training.

Section VI. AGREEMENTS IN THE FIELD OF TRAINING, RETRAINING, IMPROVING QUALIFICATIONS AND CERTIFICATION OF PERSONNEL

Conditions for professional growth
1. For professional training and advanced training of employees, the employer organizes individual, course and other forms of vocational training in production at the expense of funds allocated for personnel training.
2. The employer creates the necessary conditions for the professional growth of employees:
- organizes a system of professional training for personnel at the enterprise so that each employee has the opportunity to improve their qualifications in their specialty;
- organizes training for new employees, retraining and training of workers in second professions.
- organizes work with the personnel reserve in order to form a contingent of highly qualified personnel prepared for managerial work.
3. The employer makes additional payments to qualified workers - industrial training instructors, specialists providing training, retraining, professional training, and advanced training. The amount of the additional payment is established by the Regulations on additional payment for training, which is approved by the General Director in agreement with the trade union committee.
Guarantees for employees combining work and study
4. The employer provides employees who combine work with training with guarantees and compensation provided for by law (Chapter 26 of the Labor Code of the Russian Federation).
5. The provision of additional study leaves is carried out by the employer upon a written application from the employee with the attachment of a certificate of invitation from the educational institution, a copy of the document on state accreditation of the educational institution, and a certificate of successful training in them.
6. Employees studying in educational institutions that do not have state accreditation are not provided with paid study leave.
7. Payment for additional educational leave for employees receiving a second higher or secondary vocational education is carried out based on the employer’s need for specialists of this qualification.
The employee’s right to professional training, retraining and advanced training
8. The employer promotes state policy in the field of personnel training based on:
— providing assistance in professional training;
— creating conditions for professional training, retraining and advanced training of workers.
9. Released employees for the period of professional training (retraining) are paid the average earnings at their previous place of work (if training is carried out outside of work).
10. Paid training for an employee of a second profession, obtaining secondary vocational or higher education can be carried out at the expense of the employer, based on the need for the relevant specialties, the level of education and business qualities of the employee, as well as the financial capabilities of the employer.
11. If employees acquire a second profession that is not related to production needs, training is carried out at the expense of the employees themselves.
12. An apprenticeship training contract is concluded with job seekers and company employees (apprentices). The employer pays students a monthly stipend, recalculated for the actual time of study. The amount of the additional payment is established by the Regulations on additional payment for training, which is approved by the General Director in agreement with the trade union committee.
13. If a student, at the end of his apprenticeship, without good reason, does not fulfill his obligations, including not starting work, he is obliged to return the scholarship received during the apprenticeship, as well as reimburse the employer for other expenses incurred in connection with the apprenticeship.
14. In case of expulsion for poor academic performance, failure to attend classes due to the fault of the student, or non-compliance with the terms of the apprenticeship contract for training (retraining) in paid educational institutions or in paid targeted courses, employees, at the request of the employer, are obliged to reimburse the expenses incurred by the employer in connection with the apprenticeship.
Use of an employee according to their qualifications.
15. Upon completion of vocational training, the worker is assigned a qualification (grade, class, category) for the profession in accordance with the tariff and qualification reference book and is provided with work in accordance with the qualification obtained if there is a vacancy in the staffing table.
16. If there is no vacancy in the staffing table at the time of passing the qualification exam, then the rank assigned by the qualification commission is considered valid for one year; when a vacancy appears, the employer transfers this employee by order of the enterprise.
Personnel certification
17. In order to determine the degree of compliance of the knowledge, skills and abilities of the enterprise’s employees with the requirements of the specialty and position, and to determine the justified need for training, the Employer systematically conducts personnel certification.
18. The following are not subject to certification:
-young specialists (university graduates of the current year and without experience in this specialty) during the first year of work;
-pregnant women;
-women who were on maternity leave are subject to certification no earlier than 6 months after they return to work.
19. Certification can be carried out both in the form of testing and in the form of an interview with members of the certification commission for knowledge of key issues necessary for the high-quality and effective performance of official duties. The form of certification is necessarily determined in the order for certification.
20. The results of certification serve as the basis for assigning a qualification category, a category of the unified tariff schedule (UTS). The results of certification can also serve as the basis for bonuses (in case of positive results) and reductions in bonuses (in case of negative results) for employees who have passed certification, in accordance with the “Regulations on Remuneration”, as well as for reviewing the assigned category of unified labor force and establishing additional payments.
21. In case of unsatisfactory results of two certifications in a row, the head of the structural unit makes a decision to transfer the employee (with his consent) to another job.
22. Disciplinary measures may be applied to employees subject to certification who do not appear for certification without good reason: deprivation of a disciplinary bonus, reduction of bonus (in accordance with the “Regulations on bonus pay” of this unit). The following reasons for failure to appear for certification are valid:
- leave (regular, additional, educational, administrative);
-disease.
23. To carry out certification and resolve all controversial issues, a permanent commission is created, appointed by order of the enterprise, which includes a representative of the trade union organization.
24. If the employee being certified does not agree with the certification results, he may submit an application to the chairman of the certification commission within 1 week with a request to review the certification results.
25. Members of the certification commission are required to make a decision on this application within 7 days from the date of submission of the application. If the certification results for this employee are recognized as incorrect, a decision of the certification commission is prepared to cancel the previous certification result for this employee and a new decision is made in accordance with the revised results, which is submitted for approval to the Deputy General Director - Director for Economics.

Section VII. AGREEMENTS ON PAYMENT OF MATERIAL ASSISTANCE AND NON-MATERIAL FORMS OF INCENTIVENESS OF EMPLOYEES

1. The employer provides financial assistance:
-At the birth of a child in the amount of 2,000 rubles. If both spouses work at the enterprise, financial assistance is paid to the mother in the amount of 3,000 rubles. To receive financial assistance at the birth of a child, you must submit to the HR department an application from the employee for financial assistance and a copy of the child’s birth certificate. The application is approved by the personnel department (confirmation of the fact of work, absence of disciplinary sanctions), the trade union committee, and the director of economics.
-For workers conscripted into the army for compulsory service—500 rubles. To receive financial assistance to workers conscripted into the army for military service, the chairman of the trade union committee submits a petition to the personnel department. The application is approved by the personnel department (no disciplinary sanctions, presence of a military registration and enlistment office summons), trade union committee, director of economics.
-For employees drafted into the army from an enterprise and returning to work after demobilization from the Armed Forces of the Russian Federation in the amount of 2,000 rubles. To receive financial assistance for employees returning to work after demobilization, the personnel department prepares a petition indicating the length of service and the absence of disciplinary sanctions. The petition is approved by the chairman of the trade union committee, deputy general director - director for economics.
-Women who have worked at the enterprise for at least 10 years by the dates of 50, 55, 60 years, men who have worked at the enterprise for at least 15 years by the dates of 50, 60, 65 years - 1,000 rubles. Women who have worked at the enterprise for at least 15 years by the dates of 65 years or more, men who have worked at the enterprise for at least 20 years by the dates of 70 years or more - 3,000 rubles. For employees who have worked at the enterprise for at least 5 years and are retiring - 500 rubles. To receive financial assistance for anniversaries or retirement, the head of a structural unit must submit a petition to the personnel department, agreed upon with the chairman of the trade union committee. The application is approved by the personnel department (confirmation of work experience, absence of disciplinary sanctions), the chairman of the trade union committee, and the director of economics.
-For the funeral of deceased employees of the enterprise, their close relatives (father, mother, wife, children, husband) - 3000 rubles. For the funeral of deceased pensioners - veterans and honored veterans of OJSC - "Enterprise" - 2000 rubles. To receive financial assistance for burial, you must submit an application addressed to the general director with the petition of the head of the department and the chairman of the trade union committee, and a copy of the death certificate. The statement is approved by the Director of Economics.
2. The specified amounts of financial assistance can be increased by order of the general director without agreement with the trade union committee.
3. The employer provides financial assistance to employees in particular need. Assistance is provided to one employee no more than once a year. The total amount of financial assistance for payment to especially needy employees is determined by the estimate of the collective agreement. The distribution of material assistance is carried out by the trade union committee.
4. The employer has the right to reduce or refuse to pay any type of financial assistance if there is a violation of labor discipline by the employee for the current year.
5. The order (order) for the issuance of any type of financial assistance is signed by the general director.
6. The total amount of annual financial assistance payments in accordance with this section is 500 thousand rubles.
7. The employer does not provide guarantees to credit institutions for the repayment of loans received by employees of the enterprise.
8. The enterprise has employees (Appendix 4), which includes the procedure for awarding the title “Veteran of Labor”, “Honored Veteran of Labor”, awarding the Enterprise Certificate of Honor, and giving thanks.
9. The awarding of the titles “Honored Veteran of JSC Enterprise”, “Veteran of JSC Enterprise” is carried out annually on the professional holiday Mechanical Engineer’s Day. The quota for awarding the title “Honored Veteran of JSC Enterprise” is 3 people, for awarding the title “Veteran of JSC Enterprise” is 8 people.
10. Employees who have the title “Honored Veteran of OJSC Enterprise” have the right:
» to grant the next vacation at a time convenient for them;
» to receive a priority voucher to a sanatorium or rest home on preferential terms from the trade union committee;
» other benefits by decision of the trade union committee.
11. Employees with the title “Veteran of OJSC Enterprise” have the right to benefits by decision of the trade union committee.
12. In order to stimulate effective productive labor and reduce the level of staff turnover, the employer finances a program of additional (non-state) pension provision for employees of the enterprise (Appendix 5).

Section VIII. AGREEMENTS IN THE FIELD OF SOCIAL ISSUES

1. Taking into account the technological features of production, namely the 2 and 3 shift operating mode of the enterprise’s divisions, the industrial safety requirements for strict adherence to the start time of the production process, the employer provides, at its own expense, free delivery of workers to and from work by official transport, in accordance with the established order of the general Director of schedules and routes.
2. Every year, 30 thousand rubles are paid to finance the trips of workers for planting, hilling and harvesting potatoes organized by the trade union committee.
3. Annually to finance vouchers to health camps and sanatoriums for employees and their children at the expense of the enterprise - 350 thousand rubles.
4. The employer ensures (including through the involvement of third-party organizations) the functioning of a canteen on the territory of the enterprise.
5. The employer, at the request of the trade union committee, provides transport to provide transport services at the funeral of deceased employees (retirees) of the enterprise.
6. The trade union committee undertakes, together with the employer, to organize annual clean-up days in the spring and autumn to clean the territory of the enterprise.

Section IX. FINANCING OF CULTURAL ACTIVITIES

In order to create a favorable psychological climate in the workforce, the Employer, at its own expense, finances cultural events and social programs organized by the trade union committee in the following amounts:
1 Monthly payments in the amount of 85 thousand rubles, including:
» For carrying out physical education and recreational activities, including paying for the rental of sports facilities, participation in sports competitions, purchasing sports uniforms and sports equipment, encouraging active participants in the physical education and sports life of the enterprise - 25 thousand rubles.
» To finance the activities of the factory choir - 5 thousand rubles.
» To finance the activities of the Veterans Council, including financial assistance to non-working pensioners of the enterprise - 55 thousand rubles.
2 Annual payments for the celebration of various holidays in the amount of 580 thousand rubles, including:
» For events to celebrate national and professional holidays (March 8, February 23, Youth Day, Senior Generation Day, Mechanical Engineer’s Day, Metallurgist’s Day) - 280 thousand rubles.
» For holding events to celebrate Victory Day - 170 thousand rubles.
» For the New Year celebration, including the purchase of gifts for the children of employees, 130 thousand rubles.
3 In total, under this section, 1,600.00 thousand rubles are provided annually in the financial plan of the enterprise for the financing of cultural work.

Section X. AGREEMENTS IN THE FIELD OF LABOR SAFETY

Based on the recognition and provision of the priority of the life and health of workers in relation to the results of the production activities of the enterprise, the employer recognizes its responsibility to create healthy and safe working conditions in accordance with the requirements of legislative and other regulations on labor protection.

The employer guarantees the rights of employees to labor protection and undertakes:
1. Conduct timely instruction, training, on-the-job training and verification of labor protection and industrial safety requirements for enterprise employees in accordance with the law;
2. Do not allow persons to work who have not undergone instruction, training, internship and testing of knowledge of labor protection and industrial safety requirements;
3. Inform workers about labor conditions and safety in the workplace, about the compensation they are entitled to and personal protective equipment;
4. Introduce safe technologies and equipment.
5. Implement compulsory social insurance of workers against accidents and occupational diseases;
6. Employees engaged in work with harmful, difficult and dangerous working conditions shall be provided with full benefits and compensation provided for by the labor legislation of the Russian Federation. The list of benefits and compensation is agreed upon by the trade union committee and approved by the general director.
7. Ensure free provision of milk to employees engaged in work with hazardous working conditions, in accordance with the list of professions and positions approved by the General Director that are entitled to receive free milk.
8. For work performed in special temperature conditions or associated with pollution, provide workers with protective dermatological and detergents for washing their bodies and hands.
9. Ensure the availability of first aid kits stocked with essential medicines and dressings.
10. Ensure working conditions and protection for women, including:
-limiting the use of their labor at night;
-implementation of a set of measures to remove women from heavy physical work and work with harmful and dangerous working conditions;
- implementation of measures for the mechanization of manual and heavy physical work in order to comply with the norms of maximum permissible loads for women when lifting and moving heavy objects manually, established by Resolution of the Council of Ministers - Government of the Russian Federation dated February 6, 1993 No. 105 (the norms provide for a maximum permissible load weight of 10 kg lifting and moving heavy objects when alternating with other work, and when lifting and moving heavy objects constantly during a work shift, the maximum permissible load weight is 7 kg).
-pregnant women should be released from work with pay to undergo medical examinations, if the latter cannot be carried out outside working hours;
11. Certify workplaces based on working conditions.
12. During the construction of new and reconstruction of existing buildings, structures, and industrial facilities, conduct an examination of working conditions on the basis of design and technological documentation.
13. Annually carry out an analysis of occupational injuries and illnesses in the enterprise with the subsequent issuance of an order for the prevention of injuries with a list of specific measures.
14. Ensure mandatory periodic medical examination of workers working in hazardous working conditions, as well as in other cases provided for by current legislation. At the end of the medical examination, summarize the results with the development of specific measures to reduce morbidity and improve working conditions.
15. If an employee evades mandatory medical examinations or fails to comply with recommendations based on the results of examinations, the employee should not be allowed to perform work duties.
16. In the event of a complete or partial loss of working capacity by an employee due to a work-related injury, occupational disease or death of an employee in an industrial accident, pay compensation for damages in accordance with the labor legislation of the Russian Federation; the funeral of the deceased employee is carried out at the expense of the enterprise;
17. In a timely manner, in accordance with the “List of free issuance of PPE at JSC Enterprise”, developed on the basis of the Standard Industry Standards for the free issuance of special clothing, special footwear and other personal protective equipment, provide workers with special clothing, special footwear, and personal protective equipment. Wears that have become unusable before the expiration date (based on acts of premature wear) should be replaced with new or repaired ones.
18. Ensure timely washing, dry cleaning, repair of workwear, safety shoes and other personal protective equipment.
19. For each accident, form a special commission to investigate and prevent the causes of injuries.
20. Create a commission on labor protection, include in the commission for investigating accidents the labor protection commissioners of the unit in which the investigation is taking place. The development of a draft regulation on the labor protection commission, as well as on public labor protection commissioners, is carried out by the trade union committee.
21. Public commissioners for labor protection (according to the list approved by the General Director) are given 3 calendar days in addition to vacation.
22. In accordance with job responsibilities, technological discipline and preventive maintenance schedules, ensure strict compliance with labor safety requirements by company officials;
23. In case of violation of labor safety rules and regulations, personal liability of department heads is established with compensation for material and moral damage caused by this violation.
24. In accordance with the regulations on bonuses, do not pay bonuses to the heads of structural divisions, services, laboratories that have not ensured compliance with labor protection requirements in their departments and the implementation of industrial safety and environmental protection measures.
25. In the course of carrying out labor protection measures, comply with the requirements of regulatory documents and legislative acts on labor protection, environmental protection and industrial safety.
26. Every employee has the right to labor protection, including:
- in a workplace protected from harmful or dangerous production factors that can cause occupational injury, occupational disease or decreased performance;
- for compensation for damage caused to him by injury, occupational disease or other damage to health associated with his use of labor duties;
- to receive reliable information from the employer about the state of conditions and labor protection at the employee’s workplace, about the existing risk to life and health, as well as about the measures taken to protect him from the effects of harmful or dangerous production factors;
- to provide collective and individual protective equipment in accordance with the requirements of legislative or other regulations on labor protection at the expense of the employer;
- training in safe labor methods and techniques at the expense of the employer;
- to participate in the inspection and consideration of issues related to improving working conditions and safety at work.
27. The employee undertakes:
-comply with labor protection requirements that establish rules for performing work and behavior in the workplace;
-observe labor technological discipline;
-immediately notify your immediate or superior manager about every accident that occurs at work, about any situation that threatens the life and health of people.
28. The trade union committee of the enterprise’s employees undertakes:
-Carry out, through the labor protection commissioners, control over compliance with legislative and other regulations on labor protection in the divisions of the enterprise.
-monitor the correct application of benefits for persons working in jobs with harmful and difficult working conditions;
-participate in workplace certification;
-participate in holding competitions on labor protection;
-encourage the best labor protection representatives;
-participate in the elections and training of labor protection representatives.
- take part in the investigation of accidents and occupational diseases at work.
- systematically carry out educational work among workers and employees to prevent injuries and illnesses.
- consider disputes related to violation of labor protection legislation and obligations established by this agreement.
-Participate in the development and approval of regulations on labor protection.

Section XI. CONTROL AND RESPONSIBILITY FOR THE IMPLEMENTATION OF THE COLLECTIVE AGREEMENT

1. In order to monitor the implementation of the collective agreement, each party is obliged to provide the other party with the information available for this purpose.
2. Verification of the correct implementation of the collective agreement is carried out once a year. The results of inspections are reviewed annually at joint meetings of the employer and the trade union committee.
3. Monitoring of the implementation of the collective agreement is carried out constantly: from the employer - heads of departments and services; from the trade union committee - persons authorized by it. In addition, control over the implementation of the collective agreement is carried out by a commission created to develop a draft collective agreement.
4. To resolve unresolved disagreements between the employer and employees on the application of labor legislation and other regulatory legal acts containing labor law norms, a labor dispute commission is created and functions by order of the general director. The composition of the commission is 5 people and is approved by order of the general director. On the employer's side, the commission includes the deputy director for economics, the head of the human resources department, and a legal adviser.
5. To resolve controversial issues when paying for documents on temporary disability, by order of the general director, a social insurance commission is created and functions at the enterprise. The commission distributes funding from social insurance funds, and also resolves controversial issues regarding the payment of temporary disability certificates. The composition of the commission is 8 people and is approved by order of the general director. On the employer's side, the commission includes the chief accountant, the head of the industrial safety department, the head of the human resources department, and a legal adviser.
6. The parties are responsible for failure to fulfill this collective agreement in accordance with the Labor Code of the Russian Federation and other regulatory legal acts.

One of the important local acts that regulate labor relations at an enterprise is the collective agreement. Despite the fact that the conclusion of a collective agreement is not mandatory, its provisions must be observed by both the administration of the organization and the persons it hires to perform labor functions.

The Labor Code of the Russian Federation establishes the concept and content of a collective agreement, but the management of the company and its employees carry out the conclusion of a collective agreement, so whether it is valid or not depends on them.

This local regulatory act does not apply to enterprise standards that must be present in the company. Since these rules may be reflected in other documents.

Nevertheless, the Labor Code of the Russian Federation establishes the obligation of the administration of a business entity to conclude a collective labor agreement if at least one of the company’s employees expresses such a desire.

The same act establishes the period within which it is necessary to begin negotiations on concluding this agreement - seven days. Thus, this act can exist if the company or individual entrepreneur has at least one employee.

In this case, a party to the organization may be represented by a director or other official who, in accordance with the constituent documents, has the right to represent the company. The side of those working at the enterprise must be represented by representatives of the trade union created in the organization, or by the company employees who received the majority of votes in the elections.

There may be several trade unions at an enterprise, then who will represent the side of workers in the organization will be determined in accordance with the Labor Code of the Russian Federation.

If the employer is an individual registered as an individual entrepreneur, then he must independently sign this local regulatory act.

Attention! If an enterprise has branches and representative offices, then a collective agreement can be drawn up in these divisions. Its effect will apply only to branch employees.

There are industry and inter-industry agreements that define provisions for regulating the relationship between employee and management. Then the collective agreement should be based on them.

The legislation determines that the duration of an approved collective agreement between the management of a company and its employee cannot exceed three years. In this case, the calculation of the validity period begins from the date specified in the agreement itself or the date of its signing.

Attention! If the organization is renamed, the concluded collective labor agreement may continue to be valid. When carrying out a merger, division or spin-off procedure, the collective agreement is valid until its complete completion. After completion, either party can send a second proposal to draw up a new document or extend the validity of the old one for 3 years.

Is collective bargaining mandatory or not in 2018?

In 2018, no regulations regarding the collective agreement were adopted, therefore, when creating it, it is necessary to take into account previously existing ones.

The current norms do not establish the mandatory existence of this act. This is due to the fact that the content of a collective agreement can be reflected directly in a simple document, or recorded in other regulations.

The Labor Code of the Russian Federation establishes only the obligation to conclude it if employees turn to their employer with a proposal to draw it up.

Then a business entity may have problems if its management avoids formalizing this agreement. In this case, the administration may face a fine of 3,000-5,000 rubles for not concluding an agreement.

At the same time, the violation may also include avoidance of negotiations, violation of deadlines for registration of labor relations, and refusal to provide the required information. For all these offenses, fines from 1000 to 3000 rubles or a warning may also be imposed.

Attention! In addition, the rules of law provide for the liability of the company’s management if, having accepted the collective agreement, it subsequently does not comply with its provisions. In this case, representatives of the organization may be punished with a fine of 3,000-5,000 rubles.

Do employees need to be introduced to it?

A collective agreement is a local act of a company that affects and regulates the interests of all persons working in the company. A number of other company standards may be included as appendices. This document must be available for review by every employee.

Attention! After the agreement is signed, its provisions should be familiarized with signature to each employee of the company. This can be done using or in a journal in which this fact is recorded for each employee.

Collective agreement sample 2018 for LLC

Download in Word format.

What should the contract contain?

The concept and content of a collective agreement are determined by the legislative acts of the country.

Since the laws contain several options for resolving labor issues, this document should adapt these rules to the operating enterprise, taking into account its existing operating characteristics.

However, when drawing up a collective agreement, it must be remembered that its terms should not worsen the situation of people working in the company.

By agreement, the parties participating in the negotiations may include additional issues to resolve labor issues. To this end, the parties negotiate and inform each other what issues they wish to include in the concluded agreement.

If there are industry and inter-industry agreements, then enterprises belonging to this field of activity can reflect them in their regulations. The Labor Code offers an approximate list of provisions that can be included in the document.

As a rule, a collective agreement includes:

• The system and forms of remuneration used at the enterprise;
• What benefits and compensation may be paid to employees;
• Calculation of wages to employees taking into account its growth;
• Hiring and dismissing company employees, as well as their retraining;
• Determination of work and rest time, their duration, as well as the procedure for granting various types of leave;
• Working conditions for employees, including employees who are provided with additional guarantees in accordance with the law;
• Labor protection of company employees, including environmental safety;
• Guarantees for employees undergoing on-the-job training;
• Implementation of health improvement and recreation for employees of the enterprise, including members of their families;
• Questions about organizing catering for enterprises;
• Who will monitor the implementation of the provisions of the collective agreement;
• Responsibility of the employer and employee for violation of the provisions of the executed agreement.
• The procedure for making changes and additions to the collective agreement.
• Other significant provisions.

How to approve a collective agreement

The process of approving a contract is a complex process that involves representatives of each party (administration and workers or trade union), as well as government agencies at the final stages.

Step 1. Determination of representatives of the parties participating in the negotiations

Both representatives of the company and the employees themselves can express a desire to draw up a collective agreement. If the company has not formed a trade union, then employee representatives are formed by secret ballot.

The provisions of the Labor Code determine that for the period of work under a collective agreement (3 months) they are released from work while maintaining their average salary.

Also, during the period of formation of the contract, these people cannot be subject to disciplinary punishment, with the exception of those offenses that entail dismissal. When outside experts are involved, their work is paid for by the negotiating party that expressed a desire to invite them.

Step 2. A draft collective agreement is presented

The party that started negotiations presents its draft document. It contains all the provisions and requirements that this party considers significant. Also, the document may contain benefits and payments in more favorable amounts than determined by labor legislation.

Step 3. Notification of the start of negotiations

The party initiating the negotiations sends a notice to the other party, which should indicate the desired date for the start of negotiations, their location and a list of representatives who will represent the interests of this party.

We are drawing up a collective agreement for LLC in 2018 - 2019. (sample)

Collective agreement sample 2018 – 2019 for LLC – link below where you can download an example of such an agreement. The drafting of a collective agreement for an LLC should be approached carefully, because it is aimed at observing and protecting the interests of both employees and the employer.

What is meant by a collective agreement

A collective agreement means a legal act that an employer (namely an organization or an entrepreneur) and its employees conclude in order to regulate the labor relations that arise between them. This concept of a collective agreement is given by Art. 40 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

This document is drawn up to describe in detail how social and labor relations should develop between a specific employer and his employees.

A collective agreement can be concluded in a specific organization (for example, in an LLC) - in this case, the agreement is binding on all its employees. In addition, it is permissible to draw up an agreement only in a branch or representative office of a legal entity - then it will apply to all employees of this division (part 4 of article 40, part 3 of article 43 of the Labor Code of the Russian Federation).

The employer must also comply with the collective agreement in force in his organization.

Important!

If you do not comply with or violate the norms of the collective agreement, then the employer faces liability under Art. 5.31 Code of Administrative Offenses of the Russian Federation. It may be limited to a simple warning or be expressed in a fine, the size of which varies from 3,000 to 5,000 rubles.

It is important that this agreement is prohibited from introducing conditions that worsen the status of employees in comparison with that defined in the legislation. It is impossible for an agreement to limit the rights of employees or reduce the level of guarantees provided for them (Article 9, 50 of the Labor Code of the Russian Federation).

Important!

If the contract still contains such conditions, they cannot be applied.

Is a collective agreement required and necessary in an LLC?

The legislation does not oblige entrepreneurs or organizations, including LLCs, to draw up, formalize and register a collective agreement.

This agreement is concluded only on a voluntary basis if the LLC has a need to further regulate labor relations in this way. In other words, a collective agreement is a non-binding document for society (Articles 9, 24, 27 of the Labor Code of the Russian Federation).

Accordingly, there is no liability for the fact that a limited liability company does not have a collective agreement.

For what period is it permissible to conclude a collective agreement?

The maximum period for which a collective agreement can be concluded is 3 years. Here it is important to correctly determine the date on which this document comes into force. It begins to operate either from the moment it is signed, or from the date specified in the agreement itself.

When the contract term comes to an end, the employer and his employees have 2 options:

• extend the contract term for another 3 years or less;
• conclude a new agreement.

If an organization changes its name, the collective agreement continues to apply. The same applies to the situation when an organization terminates an employment contract with its manager or carries out a reorganization through transformation. And if a legal entity is reorganized in other forms (merger, accession, division, spin-off), then the agreement is applied throughout the entire period of reorganization, and then loses force.

Different rules apply when the ownership of an organization changes. In this situation, the collective agreement is valid for another 3 months from the date on which ownership rights were transferred, and then loses force (Article 43 of the Labor Code of the Russian Federation).

Important!

If an organization is liquidated, the collective agreement is valid as long as the liquidation is carried out.

Who draws up a collective agreement in an LLC (including without a trade union)

As we said above, the parties to the collective agreement are the employer (LLC) and its employees. The draft agreement is being prepared by their representatives. They, in the process of collective negotiations, conclude the agreement itself (Articles 36, 42 of the Labor Code of the Russian Federation).

The interests of the LLC can be represented either by its director (general director, president, etc.) or by another person who has such authority (Part 1 of Article 33 of the Labor Code of the Russian Federation).

A trade union, if it is formed in an LLC, or representatives elected by the employees can act as a representative on behalf of the employees. It is important that more than half of the LLC’s employees belong to the trade union. In an LLC without a union, employees hold a general meeting at which a representative or even a representative body is elected by secret ballot. It should include only employees of the LLC. Persons who represent the interests of the LLC cannot be elected as employee representatives (Part 2 of Article 29, Part 3 of Article 36, Parts 3, 4 of Article 37 of the Labor Code of the Russian Federation).

How to correctly draw up and formalize a collective agreement in 2018 - 2019 and how it differs from the 2017 agreement

The Labor Code of the Russian Federation does not contain any clear instructions regarding the structure of this document, as well as its content. Thus, there are no mandatory conditions or provisions that should be in it. It is assumed that these issues are resolved by the parties to the agreement at their own discretion (Article 41 of the Labor Code of the Russian Federation).

Important!

There is a model of a collective agreement, which was approved by the Ministry of Labor of the Russian Federation on November 6, 2003. Any organization can use it as an example or guideline when preparing their draft agreement.

The agreement must be signed by representatives of the employer and employees. On behalf of the employer, the contract is usually signed by the head of the organization. However, this can also be done by a person authorized by him. On the part of the employees, the agreement is signed by the chairman of the trade union, and if he is not in the LLC, then by the representative whom the employees elected at the general meeting (Articles 33, 37 of the Labor Code of the Russian Federation).

Important!

The contract must be registered with the labor authority. Since registration is of a notification nature, the agreement comes into force regardless of the fact of such state registration (Article 50 of the Labor Code of the Russian Federation).

The procedure in which the document in question is drawn up in 2018 - 2019 does not differ in any way from the procedure in force in 2017.

What information can be included in the contract?

Here is an approximate list of issues (provisions) proposed by the Labor Code of the Russian Federation, which the parties can regulate in a collective agreement.

It is assumed that this list of issues can be shortened, changed and supplemented by the parties to the contract at their own discretion. Thus, it can establish other benefits and benefits for employees if the financial situation of the employer allows this. In addition, the employer can, in a collective agreement, establish its obligations to improve the living conditions of employees, provide children of employees with places in preschool institutions, assist in organizing the funeral of an employee or members of his family, and pay financial assistance at the birth of a child (Article 41 of the Labor Code of the Russian Federation).

Provisions of the agreement on wages, benefits and compensation

Issues related to remuneration.

We are talking about the wage system and its size. The contract can include the amounts of tariff rates and salaries, as well as additional payments that are compensatory in nature. In addition, it is possible to introduce systems of additional payments and bonuses of an incentive nature and prescribe bonus systems (Part 2 of Article 135 of the Labor Code of the Russian Federation).

Questions regarding the payment of benefits and compensation.

For example, the contract may indicate additional cases in which the employer pays severance pay, or establish a larger amount of such benefits (Article 178 of the Labor Code of the Russian Federation).

Provisions related to the regulation of wages in the event of rising prices, inflation and the achievement of certain indicators.

Here we are talking about the indexation of workers' salaries, which must be done when certain circumstances occur. For example, if the inflation rate or labor productivity increases. The document should clearly define the conditions under which the employer indexes wages. In addition, you need to indicate which specific payments (salary, additional payments) and for what period are subject to indexation.

Provisions of the contract on the employment of workers, their working time and rest time, retraining and release

Issues related to the employment and retraining of workers, as well as the conditions for their release.

In this section of the contract, it is necessary to specify the conditions that directly relate to the employment of workers. In particular, the employer may limit work on holidays and weekends, as well as overtime work. It is possible to provide provisions on the cases and procedure in which the employer carries out retraining of its employees (for example, if new technologies have appeared in production).

In addition, it is permissible to prescribe “preferential” or more favorable conditions that the employer provides upon dismissal. For example, when dismissal due to staff reduction from employees who have the same labor productivity and qualifications, certain categories are given priority: family workers, disabled people of the Second World War and others (Part 2 of Article 179 of the Labor Code of the Russian Federation). However, in a collective agreement this provision can be changed to include other categories of workers in addition to those discussed in the code.

Issues related to working time and rest time.

The contract may determine the categories of workers at whose request they are given reduced working hours: for example, women with children under 10 years of age. It is also permissible to specify in the document an additional day off that can be used by individual employees (for example, those who are partially unable to work at work).

In this section of the document, it is necessary to highlight, among other issues, the provision and duration of vacations, especially additional ones.

Provisions of the agreement on labor conditions and safety, as well as on respecting the interests of workers

Provisions intended to improve the working conditions and safety of workers.

First of all, we are talking about women and youth. An employer can limit the work of women and young people under 18 years of age in certain jobs: hard physical work, with harmful conditions. It is permissible to completely or partially prohibit women from working at night. It can be prescribed that pregnant women who need to be transferred to light work are allocated special jobs in one of the divisions of the LLC.

Issues related to protecting the interests of employees when the employer’s property is privatized.

We are talking about providing employees with the opportunity to take part in the privatization of state property or municipal property owned by the employer.

Issues related to environmental safety, as well as the protection of worker health at work.

For example, the contract can state that the employer carries out a set of measures (organizational, technical and environmental) that are aimed at labor protection, and describe each of them in detail. You can also point out his obligation to finance measures to improve working conditions and safety in a certain amount.

Provisions of the agreement on nutrition, health improvement, rest, guarantees and benefits for employees

Provisions establishing benefits and guarantees for those employees who simultaneously work and study.

The contract must reflect the specific legal status of employees who both work and study. We can talk about reducing production standards for them, as well as about individual work regimes. In addition, you can specify guarantees and compensation for employees who study in educational institutions without state accreditation. This may be additional leave, as well as the amount of retained earnings.

Issues related to the rest and health of not only the workers themselves, but also their family members.

This refers to a situation where the employer fully or partially pays employees for vouchers to holiday homes, sanatoriums, dispensaries, subscriptions to swimming pools, fitness centers, etc. Thus, the contract can indicate that employees with children are compensated for the purchase of vouchers to children's camps . In addition, the employer can organize entertainment and sporting events for its employees free of charge. A plan for such health-improving and preventive measures can be attached to the contract.

Issues related to payment for employee meals.

The employer may undertake the obligation to pay for employees’ meals, either in full or in part. For example, you can organize meals for employees in a certain place (for example, in a cafe located next to the office), giving them coupons or money for lunch.

Provisions of the contract on the conditions and procedure for its execution and on strikes

Provisions related to the implementation of the collective agreement and its changes (adjustments).

The contract must indicate the order in which it needs to be amended and supplemented. It is also advisable to specify who and how controls the implementation of the contract. So, you can appoint people who will be responsible for carrying out specific activities. The contract must also include provisions on liability that occurs in the event of its violation or non-fulfillment.

Among other things, it should be spelled out exactly how the employer informs employees about the fulfillment of the contract. For example, you can specify that the employer reports to the employees' representative body on a quarterly basis.

A provision whereby workers refuse to strike if the employer complies with the collective bargaining agreement.

This provision assumes that workers voluntarily refuse such a method of resolving a collective labor dispute as a strike (Article 409 of the Labor Code of the Russian Federation). It can be formulated as follows: “When the employer fulfills the obligations imposed on him by the collective agreement, employees undertake not to resort to resolving a collective labor dispute by organizing and conducting strikes.”

Here is a sample collective agreement for an LLC - its text can be downloaded from the link: Collective agreement sample 2018 - 2019 for an LLC.

Thus, the conclusion of a collective agreement can be carried out both at the level of the LLC itself and at a separate branch of the organization. This article was devoted to the rules for drawing up this document.

A collective agreement is concluded to regulate social and labor relations and working conditions at a particular employer. Employers often look for a sample collective agreement for an LLC, but whether the employer is an LLC or an individual entrepreneur does not matter; in addition, a separate employment agreement can be concluded in separate divisions of the organization.

Is a collective agreement needed in an LLC?

According to the law, the employer does not necessarily have to have a collective agreement. If neither the employees nor the employer take the initiative to draw it up, the company may not have an agreement. Thus, the company has the right to decide independently whether a collective agreement is needed in an LLC. When one of the parties approaches the other party with an initiative about the need for a collective agreement, the other party must agree to negotiations.

How to draw up a collective agreement?

One of the parties sends a written proposal to the other (employees to employer or vice versa). For example, workers want to conclude a collective agreement in 2017. In this case, the employer must enter into negotiations within a week from the day he received the offer. He must respond to the employees, indicating in his response his representatives indicating their powers.

In order for both parties to be satisfied with the content and structure of the collective agreement, a negotiation commission must be created, which includes representatives of both parties. The composition of the commission is approved by order in free form. Collective negotiations are being held, during which a model of the collective agreement for 2017 is being created. If no one has any objections to the drawn up layout, then authorized representatives of both parties sign the contract.

The rules for concluding are the same for entrepreneurs and organizations, thus, a standard collective agreement of a budgetary institution and a collective agreement of another organization will not have significant differences: the procedure for negotiations, approval, and approval of the agreement is the same for all companies.

Contents and structure of the collective agreement

A collective agreement must be in writing. The form and content of the contract often cause difficulties. As a sample, you can take the standard collective agreement approved by the Ministry of Labor of Russia on November 6, 2003. In addition, when drawing up some clauses of the collective agreement, you can use the Recommendations approved by the Decision of the Moscow Tripartite Commission No. 77-869 of April 18, 2016. Sample collective agreement for 2017 We will give the year at the end of the article.

The legislation does not indicate that when drawing up an agreement a certain structure of the collective agreement must be observed, and the mandatory conditions that it must contain are not indicated. The parties decide collectively what conditions they will include in the agreement; the structure and content of the collective agreement are determined independently.

In particular, the contract should reflect the following information:

• System, wage rates in the company;
• conditions, terms of payment of benefits, compensation;
• indexation of wages taking into account rising prices, inflation, and employees’ achievement of certain indicators;
• The content of the collective agreement should include questions about advanced training and employee training;
• provision and duration of employee leave;
• improving the working conditions and safety of workers;
• it is advisable to include guarantees and benefits for employees combining work and study in the content of the collective agreement;
• payment for food at work: partial or full, for certain categories of workers;
• the procedure for introducing an example of changes and additions to a collective agreement, the responsibility of both parties;
• other questions.

Thus, the content and structure of the collective agreement are determined by both parties based on the issues that need to be considered and recorded in the agreement. It is worth remembering that the collective agreement (we will provide a sample at the end of the article) should not contain conditions worse than those guaranteed to employees by the labor code - if such conditions are included, they will not be applied.

Sections of the collective agreement

If we talk about what sections should be included in the contract, then we should focus on the following points:

• General provisions of the contract;
• Payment and labor standards in the company;
• Guarantees and compensations;
• Guarantees upon dismissal, job security;
• Work and rest time;
• Occupational Safety and Health;
• Activities of the trade union;
• Other provisions.

The collective agreement is concluded for a period not exceeding three years. It comes into force from the day it was signed by the parties, or from the date separately specified in it. Upon expiration, the text of the collective agreement does not need to be changed: the agreement can be extended for another three years. This can be done repeatedly: the legislation does not contain restrictions on this matter.

After the agreement (you will find an example of a collective agreement at the end of the article) is agreed upon and signed by both parties, it must be registered. This must be done within a week from the date of signing. Collective agreements are registered by executive authorities of the constituent entities of the Russian Federation.

Entrepreneurs often look for a sample collective agreement with appendices, believing that this is a separate type of collective agreement. However, this is not so: in order not to overload the collective labor agreement with unnecessary information, individual issues are considered in separate documents, which are drawn up as appendices to the collective agreement. Therefore, the collective agreement (sample 2017 for LLCs and individual entrepreneurs) may contain annexes, if necessary, or not contain them, if this is not required. Applications may include, for example, internal labor regulations or regulations on wages and bonuses.