Individual contracts and agreements. Collective and individual labor contracts

In order to understand all the intricacies of the relationship between employees of the enterprise and the employer, everyone needs to know about their rights and obligations. Collective labor contract, quite often it is necessary in such a relationship, but when it should be concluded and how to do it correctly, it can be very difficult to figure it out.

Collective labor agreement - when is it concluded?

To conclude a collective labor agreement between the employer and the work collective, it is sufficient that this document be signed by the management of the organization and a representative of the work collective. Such an employment agreement is concluded for a period of 3 years. All provisions of this document should not conflict with the articles of the Labor Code of the Russian Federation.

A collective agreement can be concluded by both legal entities and individual entrepreneurs. Although many representatives labor inspectorate the conclusion of such a legal document between employees and employers is prescribed, the law does not provide for the imposition of the execution of just such an agreement between the parties. When concluding an employment agreement, trade unions can act as representatives of the employees of the enterprise.

This type of negotiation greatly simplifies the development of the main points of this document. Representatives of trade union organizations monitor compliance with the law and prevent abuse by representatives of the employer when developing
this labor agreement.

Difference from similar documentation

The collective labor contract has significant differences from other documents confirming labor activity.

Difference from an individual labor contract

The main difference between an individual agreement and a collective agreement is that this method of registration labor relations is only between the employee and the employer.

The adoption of a sample of this document is not consistent with representatives of trade unions, but an individual version of a labor agreement, as well as a collective one, should not contradict the norms of the Labor Code of the Russian Federation.

Difference from a fixed-term employment contract

A fixed-term employment contract, in contrast to a collective one, consists in individually for a predetermined period of time. The maximum continuation of work under such an agreement, more than the collective agreement for 2 years, is 5 years.

Difference from contract work

A collective agreement differs from an employment contract in terms of the duration of cooperation between the employer and the employee. Like a fixed-term employment contract, a contract can be drawn up for various periods, lasting from 1 to 5 years.

Order of conclusion

Before concluding a collective way of working relationship, negotiations are held between representatives of the employer and the trade union of the organization. To perform this function, the head of the organization issues an order appointing responsible persons for the implementation of the negotiation process in the development of the paragraphs of this document.

Representative of the interests of employees this enterprise, is a trade union, from which several candidates are also put forward to conduct the negotiation process and develop the main points of the collective agreement. If the enterprise is large and the number of employees is large, then in this case it is possible to unite several trade unions into one representative body, from which negotiators will be appointed to develop this document.

An equal number of representatives from the employer and from the trade union organization should participate in the established commission for the development of this type of agreement. When discussing the points, the commission examines them for compliance with the main provisions of the Labor Code of the Russian Federation, as well as for the reality of fulfilling the obligations that will be set out in this document.

The commission for the coordination of clauses of the collective agreement must work for no more than 3 months.

If, after this period of time, some points are not approved, then the collective agreement is signed only on those points on which the agreement was previously implemented. The validity of such a document begins from the moment of signing and lasts for 3 years. After the expiration of the three-year period of validity of the document, it can be signed by the parties again.

Invitation to Negotiate

The invitation is carried out only on a voluntary basis, no one can be forced to take part in the development of clauses of the collective agreement.

After the consent of the candidates from the employer, they are issued an order in which the terms of work on the preparation of the document are prescribed. On the part of the trade unions, several people are also appointed, on a voluntary basis, to work on this document. When the formal part of the organization of the discussion of the details of the contract is observed, they begin to develop the main points.

Parties and content

In the event that there is no single trade union body that will develop the document together with representatives of the organization's management, then by secret ballot at a special meeting, several representatives of the labor collective are selected, who will represent the interests of all employees of the company.

The following items may be included in the collective agreement approved by the commission:

• Remuneration of labor and the form of its calculation.
• Payment of compensations, benefits, system of remuneration and fines at the enterprise.
• Establishment of standards for the performance of labor duties.
• The procedure for retraining employees and improving their qualifications.
• Establishment of temporary norms of work and rest, as well as the procedure for the duration of holidays.
• Norms of labor protection of workers, their health.
• Environmental Safety.
• For trainees, a system of benefits and guarantees is being developed.

It is worth noting that these points can be supplemented by other rules that will allow the employee to feel more secure. Many norms can be set much softer than prescribed by the Labor Code of the Russian Federation. Such mitigation of requirements can significantly increase the productivity of workers, due to a positive emotional mood in the performance of their work duties.

Conditions for signing documents

After the expiration of a three-month period, which is allotted for the development of this document, it is signed by representatives of both parties. The final version of the document must contain all the points that were previously accepted by the commission.

Alteration

Amendments to the current collective agreement are made as follows:

• A commission is being created again, consisting of representatives of the company's management and the trade union.
• The Commission discusses the points that are reintroduced into this document.
• If an agreement is reached on all the points under discussion, then the paper is signed by representatives of both parties.

After the signing of this agreement, the newly introduced amendments come into effect, which, along with the existing clauses, will have legal force.

Termination of an agreement

Termination of the collective agreement is possible by a court decision, but if it is necessary to change any paragraphs of this document, then this is done in the manner described above. Termination of the collective labor agreement earlier than 3 years can be carried out only upon liquidation of the organization, but even in this case, this document has legal force for the entire period of liquidation measures.

Conclusion

Making an employment contract in the form of a collective agreement is not prerequisite conclusion of labor relations between the employer and employees, but such a document allows you to more fully reflect the nuances of labor relations. Given the fact that the development of the document is carried out on a bilateral basis, then when concluding such an agreement, the opinion of the labor collective will be taken into account.

For the employer, the benefit of concluding this type of employment agreement is to reduce the volume of personnel workflow.

In medium and large enterprises, the conclusion of collective labor agreements allows, in this document, to cover all aspects of the employee’s work, therefore, in individual labor agreements, only references to paragraphs general agreement. The conclusion of such an agreement between the employer and the work team allows the management of the enterprise to optimize tax deductions as much as possible, because the cost of wages and incentive payments to employees significantly reduce the tax base for income tax. If this document stipulates the cost of feeding an employee at the expense of the company, then these expenses will also be deducted from profits, which will also reduce the tax base of the enterprise.

The conclusion of a collective labor agreement is a mutually beneficial way of formalizing labor relations. Registration of this method of registration of labor relations takes a lot of time, but subsequently saves not only time and money, but also labor resources.

In contact with

One of the obligations of the employer before signing the employment contract is to familiarize the employee with the local regulations of the organization, including the collective labor contract. 40-44 articles of the Labor Code of the Russian Federation are devoted to him.

In order to formalize the employment relationship between the employee and the employer, both parties need to draw up and sign an employment contract that will legislate their rights and obligations.

The employee undertakes to perform a certain type of labor activity and obey the internal regulations and standards of the employer, who is obliged to pay him a monetary reward for this and provide working conditions that meet safety regulations and legal norms.

An employment contract is drawn up between a specific one person () without the possibility of replacing him and the employer or his legal representative.

Its subject is the labor activity itself, and not the result of the work.

Conditions

Mandatory

Mandatory conditions include:

• about the work performed;
• about the position that the employee will occupy during the term of the contract:
• about the employee's workplace;

An individual labor contract can be concluded for a certain time, then it is called. The term must be five years or less. In such an agreement, a mandatory clause is the expiration date of its validity. This type of contract is possible in two cases:

1. if the nature of the work performed will be (seasonal) in nature;
2. if the employee is hired for .

If the end date is not specified, the contract is and will be terminated by agreement of the parties or in other cases provided by law.

Additional

Additional conditions include those that do not directly relate to the work of the employee: conditions of everyday life, the possibility of providing housing, food, etc. Additional terms may or may not be specified.

An important requirement of the legislation is that the contract cannot include any conditions that could worsen the position of the employee.

Another important part of the content of the TD is information about both parties:

• Name of the employee and employer, if he is individual;
  name of company;
• data on documents proving the identity of the employee and employer;
• data of the representative of the employer authorized to sign the contract;
• place where the contract was concluded, date.

Collective TD

Such an agreement is signed between all employees in the person of their legal representatives and employers. This normative act regulates the social and legal relations of the parties.

The parties negotiating the content of the collective TD are persons authorized by the employer who act on his behalf, and trade unions acting on behalf of all employees.

In order to draw up such an agreement, the head of the organization must create an order appointing the Commission.

It will include representatives of both sides in equal numbers. Within three months, they must develop provisions.

The basic rule is that compared to the guarantees of the law. The requirements for the content of the contract are listed in Article 41 of the Labor Code of the Russian Federation. Typically, such a document reflects the obligations of the parties regarding:

• payment systems for labor activity (form, size);
• destination additional payments( , benefits);
• changes in the payment system, taking into account the economic situation in the country and labor indicators;
• time of work and rest;
• conditions for granting holidays;
• retraining;
• employees who combine work and study;
• the possibility of providing health-improving rest to employees and members of their families;
• payment for meals;
• monitoring the fulfillment of the conditions of the collective TD, making changes to it, the procedure for informing employees about its implementation;
• other issues that the parties wish to submit.

The validity of such an agreement shall not exceed three years and may be extended for the same period.

The collective TD is optional and is usually present only in large organizations.

Night work must be paid at a special rate. Read more.

Differences

Without an individual TD it is impossible to carry out labor activity on legal grounds.

Employment relations must be confirmed by the signing of the TD between the two parties. A collective TD may not be drawn up, it mainly exists to improve the conditions of workers and is signed in large organizations that have an elected body on behalf of workers.

An individual contract is concluded between the employer and one natural person without the possibility of replacing him. A collective agreement is concluded with a certain circle of employees - employees of the entire organization or a separate structural unit.

An individual contract can be signed for an indefinite period and remain valid until it is terminated or, in other cases provided for by law, an open-ended contract. The collective term is limited to three years with the possibility of extension for the same period - in total, its term is limited to six years.

The differences between the individual and the collective can be visualized in the table:

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The employer draws up an employment relationship with a potential applicant on the official terms of the contract, which will clearly spell out the legal obligations of the parties. Thus, the regulation of legal relations between the employer and the subordinate is carried out with the help of legislative acts and norms, as well as an internal document called a collective labor agreement.

General concepts, regulatory regulation of labor relations with individual entrepreneurs

The concept of what a collective labor contract means is a legislative document that regulates social and labor relations at an enterprise, is concluded by an employee and an employer through negotiations between their legal representatives. On behalf of the company, specially authorized people appointed by order of the management act, the interests of employees are represented by trade union organizations.

Note! Fifth article of the Labor Code Russian Federation Regulates the implementation of collective agreements by means of normative acts and agreements.

Such a document can be drawn up at the level big company or individual legal entity(Article 40 of the Code of the Russian Federation). A specially created commission by order of the employer, which consists of representatives of both parties, takes part in the preparation of the collective labor agreement. An approximate range of issues included in the discussion of the contract is regulated by Art. 41 of the Labor Code.

After the signing of the collective labor agreement ( statutory seven days), the document is registered in specialized bodies by labor. The validity of the document begins after the end of registration and verification of the conditions for organizing the work of employees.

Labor contracts with individual representatives, main types

The contract fixes legal relations employer and employee. Types of labor collective agreements with individual entrepreneurs:

1. Contract for a strictly defined time period:

• urgent - from 2 months to 5 years;
• indefinite - an unlimited period of validity of the employment relationship.

1. By the nature of the working relationship:

• contract at the main workplace;
• an agreement between an individual and an employer;
• remote activity (for example, at home) art. 49.

Fixed term contract

A fixed-term contract is a type of activity that is concluded on a clearly set time. A fixed-term collective labor contract has the following characteristics:

• the regulation of working relationships of an urgent nature is determined by article 59, parts 1, 2 Labor Code RF;
• is issued in the case when the type of activity does not provide for employment for an unlimited period;
• on terms fixed-term contract construction, seasonal, temporary activities are carried out;
• works by voluntary agreement of the parties, participants in the employment contract, means the right of the employee to formalize a permanent labor relationship;
• in the absence of clearly defined terms of the contract in the contract, then the document is signed on a permanent basis;
• after the expiration of the contract, the employee remains in his place, the employment contract is considered unlimited.

Indefinite contract

A type of contract that is not limited to a time frame is called an open-ended employment contract, in other words, it is a permanent job.

Labor activity under a civil law contract

An example of a bilateral relationship in which a particular kind of work activities without conclusion labor agreements is called a civil law contract.

The document provides a clear list of responsibilities for the provision of services certain types, aimed at the result, with clearly defined time frames, individual payment for the order.

The procedure for drawing up an employment contract with an individual entrepreneur

The general grounds for concluding an agreement between an employer (entrepreneur) and an applicant are:

• labor relations are regulated by article 48 of the labor legislation;
• action general principles employment;
• registration of the document in local governments;
• mandatory registration of labor relations in writing;
• payment of payments and insurance premiums;
• registration of certificates of pension insurance.

Download a sample collective labor agreement

Required documents

When drawing up an employment contract, the applicant submits the necessary information about personal data in the required documentation:

• the passport;
• a work book, a document confirming a part-time job;
• certificate of pension insurance;
• military ID;
• qualification diploma.

Features of the procedure for concluding an employment contract

Basic principles for drawing up collective agreements and agreements:

• equal rights of the parties;
• free choice of resolving issues that are included in the content of normative acts;
• compliance with the rules and regulations of the law;
• powers of representatives of the parties;
• voluntary acceptance and fulfillment of obligations;
• systematic control;
• obligatory liability.

Important! The purpose of the collective labor agreement is to protect the rights of employees, the parties bilaterally determine the structure and provisions of the document.

The main information that should be contained in a sample collective labor agreement:

• information on staff development;
• accrual system data wages, payment of material compensation, taking into account indexation and inflation;
• the procedure for registration of holiday campaigns;
• organization of comfortable working conditions;
• assistance to young employees during the combination of study and work;
• provision of other services in hazardous production: payment for food, sanatorium treatment.

An example of a collective labor agreement should include sections:

• general provisions;
• labor standards and pay;
• guaranteed rates and reimbursement of compensations;
• employment in case of reorganization or dismissal;
• the procedure for organizing working time, providing the required leave;
• ensuring labor protection;
• creation of trade union organizations.

Filling out a work book

Information about the labor activity of an employee who gets a job is reflected in the employee's passport - a work book. Staff member enterprises are required to keep records in the document (exceptions are employers - individuals).

Filling order work book regulated by federal law and the relevant regulations of the Labor Code.

The employee passport must contain all the information that helps the employer evaluate the business and professional quality potential employee.

Larisa Fedorova talks about the collective labor agreement

The regulation of labor relations between employees and employers occurs on the basis of a set.

It could be like external sources - the Labor Code of the Russian Federation, federal laws and regulations, and domestic held by the organization itself.

The main internal documents are individual and collective.

These two types of contracts have both a set common features , and significant differences. It is important to know what characteristics distinguish the collective agreement from other documents and what is the purpose of its signing in the organization.

Concept, goals and purpose

The collective labor agreement refers to the normative-legal one, which governs employment relationship in or at .

It lies between main participants labor relations between the employer and employees.

Availability of this document at the enterprise not necessary, since it establishes only additional guarantees for employees.

The main purpose of the collective agreement is the regulation and consolidation fundamental rights and obligations all employees of the company, as well as control over the observance of their legitimate interests. Also, the collective agreement establishes the rights and obligations of the employer in relation to its employees, determines the rules of internal labor regulations.

Expanded list of goals, which are achieved with the help of a collective agreement, is as follows:

1. Increasing motivation employees to achieve the main goals of the organization, balancing between personal material gain and the results obtained (for example, by way).
2. Guarantee social protection of workers and their material support - is implemented by including provisions in the contract regarding, payment, and other social guarantees.
3. Stabilization and strengthening labor relations between employees and the employer - is achieved by accurately fixing the mutual rights and obligations of the parties.
4. Cost planning optimization– the collective agreement includes all purposes and items of expenditure related to the payment of funds to employees.

This is the most generalized list of goals - depending on the specific treaty and its content, others can be distinguished.

Labor Code of the Russian Federation. Article 40. Collective agreement
A collective agreement is a legal act that regulates social and labor relations in an organization or individual entrepreneur and concluded by employees and the employer represented by their representatives.

If no agreement is reached between the parties on certain provisions of the draft collective agreement within three months from the date of the start of collective negotiations, the parties must sign the collective agreement on agreed terms with the simultaneous drawing up of a protocol of disagreements.

Unresolved disagreements may be the subject of further collective bargaining or resolved in accordance with this Code and other federal laws.

A collective agreement may be concluded in the organization as a whole, in its branches, representative offices and other separate structural subdivisions.

In order to conduct collective negotiations on the preparation, conclusion or amendment of a collective agreement in a branch, representative office or other separate structural subdivision of the organization, the employer gives the necessary powers to the head of this subdivision or another person in accordance with part one of Article 33 of this Code. At the same time, the right to represent the interests of employees is vested in the representative of employees of this unit, determined in accordance with the rules provided for conducting collective bargaining in the organization as a whole (parts two - five of Article 37 of this Code).

The collective agreement is , so after expiration of its period it must be - otherwise its participants will not be able to use the benefits and compensations indicated in the document. Legislated maximum term the duration of the contract is three years.

Order of conclusion

A collective labor contract may be concluded for such economic entities, how:

1. Organization or enterprise generally( or ).
2. Separate branch companies.
3. Representation organizations.
4. Other structural divisions.

If the enterprise is changing head, name or form of ownership, there is a reorganization or, the document still continues to be valid for a certain period of time.

Labor Code of the Russian Federation. Article 43
The collective agreement is concluded for a period of not more than three years and comes into force from the date of its signing by the parties or from the date established by the collective agreement.

The parties have the right to extend the validity of the collective agreement for a period not exceeding three years.

The effect of the collective agreement applies to all employees of the organization, individual entrepreneur, and the effect of the collective agreement concluded in a branch, representative office or other separate structural unit of the organization - to all employees of the relevant unit.

The collective agreement remains valid in cases of changing the name of the organization, changing the type of state or municipal institution, reorganization of the organization in the form of transformation, as well as termination of the employment contract with the head of the organization.

When changing the form of ownership of the organization, the collective agreement remains valid for three months from the date of transfer of ownership.

When an organization is reorganized in the form of a merger, accession, division, spin-off, the collective agreement shall remain in effect throughout the entire period of reorganization.

When reorganizing or changing the form of ownership of an organization, any of the parties has the right to send proposals to the other party on the conclusion of a new collective agreement or the extension of the old one for up to three years.

In case of liquidation of the organization, the collective agreement shall remain in effect for the entire period of liquidation.

Results

Availability collective labor agreement- not the duty of each enterprise, but only a sign of its modernity, reliability and social orientation.

It allows better protect the rights of employees and provide them with additional guarantees, as well as provide the employer with a clearer understanding of the needs of their staff.

So far, this document has been mainly distributed only in large organizations– Representatives of small and medium-sized enterprises were not convinced of its necessity. None sanctions for lack there is no collective agreement, but if there is an initiative of one of the parties to conclude it, the other party must consider this proposal.

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Collective agreement- a legal act regulating social and labor relations in an organization and concluded by employees and the employer represented by their representatives.

When concluding a collective agreement at the enterprise, negotiations are held between representatives of the parties. On behalf of the employer, persons appointed by order of the head, or persons authorized by him, act. Trade unions act on behalf of workers if they unite more than half of the number of workers. If there are several trade unions, then the trade union that alone unites more than half of the employees has the priority of negotiating. If there are several trade unions and no one unites more than half, they create a single representative body on a proportional basis. And if an agreement between them is not reached at the general meeting, the trade union (or association) is elected by secret ballot, for which the majority of workers will vote. Or (for example, if there are no trade unions), the labor collective at the general meeting (conference) elects another representative body. The decision of the meeting is valid if it was attended by at least half of the total number of employees on the list (or 2/3 of the delegates sent to the conference of representatives from structural divisions) and the decision was made by a majority of votes (more than 1/2 of those present).

A commission is formed to develop a collective agreement. The employer issues an order on the creation of a commission. The commission includes an equal number of employee representatives and employer representatives. Any party to labor relations represented by their representatives has the right to initiate a collective agreement, and the other party is obliged to appoint representatives and start negotiations within seven days.

The range of issues in the collective agreement is roughly defined in Art. 41 of the Labor Code of the Russian Federation. But there may be other issues, determined by agreement of the parties, they must comply with the principle of reality and the possibility of their execution.

In addition, the collective agreement may not contain provisions that worsen the position of employees in comparison with the law. Negotiations on general rule must be completed within a period of up to three months, since only for this period the participants in the negotiations retain their place of work, position and average earnings.

If the contract is not concluded before the expiration of the three-month period, the parties are obliged to sign the contract according to the agreed terms. According to inconsistent conditions, a protocol of disagreements is drawn up. Inconsistent terms may be subject to additional negotiations. At the same time, the benefits and guarantees of the participants in the negotiations are determined by agreement with the employer.

The usual practice is to coordinate the draft collective agreement with and provide an opportunity to make comments and suggestions that can be taken into account.

The contract is signed by authorized representatives and is valid from the moment of signing.

The collective agreement is sent to the relevant labor authority for notification registration (within seven days after signing).

The collective agreement begins to operate from the moment of signing, regardless of the fact of notification registration. The labor authority is called upon to identify working conditions that worsen the position of the employee in comparison with the law.

The negotiation process itself, the time and place are determined by the representatives themselves. But when preparing a draft collective agreement before signing it, the employer must provide the commission with everything necessary, including the necessary information.

The collective agreement is concluded for a period of one to three years, by agreement of the parties it can be extended for another period of the same period. During the reorganization of the enterprise, the contract continues to be valid for the entire period of reorganization. In case of a change of ownership, the previous contract is valid for three months after registration of ownership rights.

Collective labor agreement

Law of the Russian Federation “On Collective Agreements and Agreements”, adopted by the highest legislative body of the country on March 11, 1992, Labor Code (Article 42) and the federal law of the Russian Federation “On Amendments and Additions to the Law of the Russian Federation “On Collective Agreements and Agreements” (Article 2), adopted by the State Duma on October 26, 1995, established that collective agreement is a legal act regulating social and labor relations between the employer and employees of the organization. An agreement is a legal act that regulates social and labor relations between employees and employers and is concluded at the level of the Russian Federation, a constituent entity of the Russian Federation, territory, industry, profession (Article 2 of the federal law).

The terms of collective agreements and agreements concluded in accordance with the law are binding on the organizations to which they apply. The conditions of collective agreements or agreements worsening the situation of employees in comparison with the legislation are invalid.

The main principles of the conclusion of collective agreements and agreements are: compliance with the law, the authority of the representatives of the parties; equality of the parties; freedom of choice and discussion of issues constituting the content of collective agreements, agreements; voluntary acceptance of obligations; systematic control and inevitability of responsibility.

The law consolidated the provision according to which any interference capable of restricting the legitimate rights of employees and their representatives or hindering their exercise by executive authorities and economic management, political parties and other public associations, employers when concluding, reviewing and implementing collective agreements and agreements.

It is not allowed to negotiate and conclude collective contracts and agreements on behalf of employees by organizations or bodies created or funded by employers, executive authorities and economic management, political parties, except for cases of funding provided for by law.

The parties to the collective agreement according to Art. 11 of the Law "On Collective Contracts and Agreements" are the employees of the organization in the person of their representatives and the employer directly or representatives authorized by him.

Therefore, the parties to the collective agreement are the labor collective of the organization and the employer represented by the owner of a particular enterprise or a representative authorized by him - the head of the enterprise (director, CEO etc.), since this comes from legislative acts.

The content and procedure for concluding a collective agreement

The collective agreement may include:

• form, system and amount, monetary rewards, allowances, compensations, ;
• a mechanism for regulating wages based on rising prices, level, performance of indicators determined by the collective agreement; employment, retraining, conditions for the release of workers;
• duration of working time and time of rest, holidays; improvement of working conditions and labor protection of workers, including women and youth (teenagers);
• voluntary and compulsory medical and social insurance;
• observance of the interests of employees during the privatization of an enterprise, departmental housing;
• environmental safety and health protection of workers at work;
• benefits for employees who combine work with education; control over the implementation of the collective agreement, the responsibility of the parties, social partnership, ensuring normal conditions for the functioning of trade unions, other representative bodies authorized by employees;
• refusal to strike under the conditions included in this collective agreement, with their timely and complete implementation.

The collective agreement, taking into account the economic opportunities of the enterprise, may also contain others, including more favorable, labor and socio-economic conditions in comparison with the norms and regulations, established by law and agreement ( additional holidays, pension supplements, early retirement, compensation for transport and travel expenses, free or partially paid meals for workers in the workplace and their children in schools and preschool institutions, other additional benefits and compensations).

The procedure, terms for the development of the project and the conclusion of a collective agreement, the composition of the commission, the venue and agenda of the negotiations are determined by the parties and are drawn up by order for the enterprise and the decision of the trade union, other authorized representative body (part 1 of article 12 of the Law).

The draft collective agreement is subject to mandatory discussion by employees in the divisions of the enterprise and is being finalized taking into account the comments, suggestions, additions received. The finalized single project is approved general meeting(conference) of the labor collective and is signed by the employees by all participants of the joint representative body and the employer.

The collective agreement is concluded for a period of one to three years.. It comes into force from the moment of its signing by the parties or from the date specified in the collective agreement, and is valid for the entire period.

The collective agreement signed by the parties, annexes, protocols of disagreements are sent by the employer within seven days to the appropriate body of the Ministry of Labor of the Russian Federation for notification registration.

To resolve disagreements during collective bargaining, the parties use conciliation procedures. Within three days after the protocol of disagreements is drawn up, the parties hold consultations, form a conciliation commission from among their members and, if agreement is not reached, they turn to a mediator chosen by agreement of the parties. Decisions are drawn up in protocols that are attached to the collective agreement.

The Law of the Russian Federation “On Collective Contracts and Agreements” established the liability of a person representing an employer in the form of a fine for evading participation in negotiations on the conclusion, amendment or addition of a collective contract, agreement in the amount of up to fifty minimum dimensions wages imposed in court (Article 25 of the law).

For violation and failure to comply with the collective agreement in accordance with Art. 26 of the law, guilty persons representing the employer are subject to a fine of up to fifty times the minimum wage, imposed by the court.

For failure to provide information necessary for collective bargaining and control, the guilty persons representing the employer shall bear disciplinary responsibility or are subject to a fine in the amount of up to fifty times the minimum wage imposed by a court (Article 27 of the law).