Agreement is a legal act that regulates social and labor standards and establishes uniform principles for the relevant economic legal relations taking place at the state, interregional, regional, as well as interbranch and industry levels in relation to social partnership within the framework of competence. This is evidenced by article 45 of the Labor Code. It provides the types and main features of this agreement. About it let's talk in the article.
General Provisions
Labor standards emphasize the regulatory significance of agreements. This is established by providing specific conditions for employees or imposing general obligations in order to ensure guarantees and rights. According to Article 46 of the Labor Code of the Russian Federation, the content and structure of the document is determined by the choice of the parties. It may include provisions on remuneration of labor, development of partnerships in the social aspect, labor protection and regime, and other conditions.
The agreement is within the competence of the parties. Therefore, it cannot contain norms that go beyond them.
Kinds
Depending on the parties to the agreement, there may be:
- General.
- Interregional.
- Regional.
- Territorial.
- Industry.
- Intersectoral.
- By others.
Both general and regional are concluded between the three parties. They determine the main directions in the social and economic spheres for the duration of their operation.
Interregional agreements are a new kind. Therefore, while they rarely subscribe.
Both sectoral and intersectoral agreements are agreements that can be concluded at the state, regional or local level. It defines the terms of payment, guarantees and benefits to employees. Territorial agreements establish working conditions, benefits, guarantees to employees in certain municipalities.
The laws on social partnership, which are established at the regional level, indicate the types that are adopted in a particular subject of the federation. These documents may be concluded between 2 parties (employers and trade unions) and 3 parties (in which executive authorities participate). Their types are determined by employers and employee representatives.
Development and financing
As a result of collective bargaining, the project is approved. For this procedure, the general rules are provided, which are contained in Art. 37 of the Labor Code of the Russian Federation. The parties may also take into account other points.
The process of coordination of state and social interests is subject to special attention. For this purpose, certain deadlines are established during which funding is allocated from the budget. These agreements may be concluded in the fields of education, culture, healthcare, transportation, science, energy and so on.
If financing is planned from the state or regional budget, agreements should be developed and concluded before their adoption. This is stated in Article 47 of the Labor Code of the Russian Federation.
The timing
An agreement is a legal act that is valid for a certain time. Parties may conclude it for any period, but up to 3 years. The parties themselves determine when the document takes effect. As a rule, this moment comes immediately after signing.
Subject composition
The action is determined based on the participation of representatives of the parties. The agreement applies only to employers and workers whose representatives participated in collective bargaining.This means that employers, whose representatives are members of associations, fulfill the terms of the contract in connection with their membership. Workers must comply with the terms of the agreement if they are in an employment relationship with these employers.
In accordance with Part 3 of Art. 48 of the Labor Code of the Russian Federation, for employers who decide to terminate membership, special rules apply. So that members of the association do not abuse their rights and take their unions more seriously, a rule is established according to which the termination of membership during the term of the agreement is not a basis for employers to be exempted from the relevant conditions. Along with the employer - a member of the association - they must continue to comply with the provisions prescribed by the agreement.
If employees fall under the action of several documents at once, then one of them that provides for the most favorable conditions applies to them. This may concern various issues, for example, regarding dismissal by agreement.
Joining
After the contract is concluded, any employers and trade unions can join it. This is done voluntarily and drawn up by agreement of the parties. When signing a document at the state level, all employers of a certain industry in the Russian Federation can join it. This procedure is intended to unify the working conditions of workers in a particular industry, to develop the same system of guarantees for employees.
Accession proposals are published in the official press, which employers can join voluntarily. For this, 30 days are provided. If during this time the employer agrees or does not respond, the agreement extends to him from the moment of publication. But if the employer has sent a refusal to which a protocol on consultation with the union is attached, then representatives of the employer and the union may be invited to consult. As a result of this discussion, a decision is made to join or refuse it.
The agreement by agreement of the parties may be extended for a period not exceeding 3 years. As a general rule, the agreement applies to all employers who are members of the association that concluded it. In addition, in the following cases, it also applies to other employers, namely:
- If they have authorized a representative to participate in the negotiations and sign an agreement.
- When joining an existing agreement.
- If employers are state or local government.
Changes and additions
The contract may be amended or supplemented after collective bargaining. This procedure is provided for in Art. 49 of the Labor Code of the Russian Federation, where, among others, the addition and amendment of the agreement is based on its provisions. The application of this or that order depends on the relevant proposals of the parties, as well as on the urgency of introducing new data. Therefore, a different order is provided for this. If the parties have not entered into another agreement at a later time, they may extend the validity period of an existing document.
The agreement to the contract, the model of which is presented below, may have the following form:
A responsibility
If representatives of employers and employees violate obligations or do not fulfill them, they can be fined according to the administrative code. Responsibility for these offenses is provided for in Articles 5.28-5.31 of the Administrative Code of the Russian Federation. The culprit may get off with a warning or pay a fine of up to 5 thousand rubles.
What can unions do to achieve their goals?
When negotiating an agreement, unions are entitled to organize strikes, rallies, street marches, pickets and demonstrations, as well as other similar actions.These are measures of influence on the employer, which are used when other measures for the settlement of disputed issues have been exhausted.
Conclusion
As you can see, the agreement is important for employers and workers, as a tool to ensure social and economic guarantees. It can be concluded at different levels, and employers are participants on a voluntary basis. An additional agreement, a model of which is presented in the article, is much shorter than the main document. But it has equal legal force with the original contract.
