In the article, we will talk about collective bargaining. We will understand this concept in great detail, consider all aspects and aspects of this process. We also learn how to negotiate properly so that they are effective for all participants.
What is this about?
The procedure for collective bargaining is determined by labor legislation, but not always workers and employers act clearly according to this scheme. All relations that arise between government and local governments, workers and employers can be combined in one term, namely social partnership. Based on it, it is possible to regulate relations between these different parties in such a way as to achieve the maximum satisfaction of the interests of each of the parties.
As for social partnership, it is described in detail in article 27 of the Labor Code of the Russian Federation. Here you can learn about the various forms of negotiations, as well as how to prepare for them, how to coordinate and manage conflicts, and how negotiations should end.
The main rule of negotiations is the presence of two parties, namely the employee and the employer. Note that if collective bargaining was successful and a compromise was reached or the desired decision was made, then the negotiations end with the conclusion of special legal acts that are designed in the social or labor sphere to regulate the collective relations between themselves. Also, these acts determine the level of economic influence of all parties on each other. Moreover, acts may be of federal, sectoral or regional significance.
The concept and procedure of collective bargaining
The concept itself was formulated back in 1981. Its definition can be found in the Convention of the International Labor Organization. As for the course of negotiations, it should be noted that they can be conducted both between a closed group of people who work in the same system, and between different companies, organizations and groups.
Theme
The right to collective bargaining is always granted to an experienced responsible person who is able to formulate tasks and contribute to their quick resolution. The leader of negotiations is most often the one who offers these or those conditions, is able to change them, because he has power in this or that sphere.
But on what topics are labor negotiations held? It can be questions of working conditions of people, their employment during the day, relations at work that develop in the team or beyond its borders between employees, relations that arise between this company and other organizations.
Principles
When conducting collective negotiations, concluding or changing their results, it is always necessary to rely on several key principles, namely:
- Full compliance with legislative requirements.
- The correct and reasonable distribution of spheres of influence between negotiators.
- Mandatory equality of each member.
- Interaction based on respect for each other.
- The need for all adopted agreements and decisions to be voluntary and to be implemented by each party.
- Necessary external control to comply with the rules of negotiations.
It is also necessary to add that all decisions that are made during collective bargaining are binding on both parties.If someone ignores them or does not execute them, then this will entail a certain responsibility and serious consequences that can lead to a conflict situation.
Members
To begin with, we note that according to legislative acts, both parties that participate in the conduct, amendment, or completion of negotiations can take an independent initiative. This means that the interests of one party or another can be represented by some groups of people, organizations, or an individual. So, and the interests of workers can be represented by various trade union associations and organizations that work at the interregional or national level, as well as any other representatives that are provided for by legislative acts and can be chosen by people independently.
Basics of social partnership and collective bargaining
It should be noted that if negotiations are conducted in order to resolve a conflict or dispute, the adoption of a final decision or a change in working conditions creates the basis for a special commission to be formed that will monitor the conduct of negotiations and the implementation of decisions made. The commission includes people who are elected by trade union organizations. These should be competent employees who have certain experience and skills in resolving disputes.
As we said above, negotiating can be entrusted to any responsible person, but most often such powers are vested in trade union organizations and various formed and elected bodies, whose members are elected by voting at meetings. Then, a special commission or formed organization receives the right not only to negotiate, but also to make various changes and control how certain conditions are fulfilled.
The procedure for collective bargaining, in short, can lie on the shoulders of one employee who expresses a desire to participate in this activity or has permission from the trade union to represent its specific interests on various issues for a certain time.
Also, according to the law, employees who are not members and of any organization are still entitled to get together and discuss labor issues together, as well as choose a representative who will be responsible for the interests of the group. But at the same time, voting on the choice of such a person should be conducted secretly. If there is such a situation that less than half of the entire work collective is in a trade union organization, then voting is all the more secretly to avoid various conflicts.
It should be noted that the trade union associations of individual representatives can work in parallel. The main thing is that in this case, managers provide conditions for the normal activities of their employees.
Employer
The provision on the procedure for collective bargaining states that both the employee and the employer can conduct them. In this case, the latter may speak in person or send his representative, who will protect his interests. The powers of the employer in various cases depend on the type of issues that are on the agenda. So, according to the legislation, all topics that relate to the solution of conflict situations, social issues, labor communication, regulation or changes to decisions that have already been made should not be presented to the sole leader, but to a group of people who are at the head of the company.
If the purpose of the negotiations is to conclude some kind of agreement or change certain documents, then the involvement of the employer is simply necessary. Moreover, his interests may be represented by the management of the company in the person of one or more people, an individual entrepreneur who is aware of the affairs of the company, as well as any other persons whom the employer has authorized to perform these duties.
Training
Let us briefly consider the collective bargaining procedure. It all starts with the fact that both parties must provide information on exactly what issues they want to discuss. The topic should be clearly formulated in order to avoid misunderstanding and waste of time.Only after both parties have clearly formulated their questions, does the immediate negotiation process begin.
As we said above, the initiative can belong to both employees and the employer, so claims, suggestions and new ideas can appear on both sides. It should be understood that collective negotiations do not always relate to controversial and conflict situations, they are also a way to offer some new solutions that will be more convenient and interesting for all members of the team.
After both sides have formulated their questions, it is necessary to notify the other side that a meeting is planned. It is very important to indicate the exact date of its holding and location. The note should also list the composition of representatives on both sides. Each participant can submit no more than 7 people, but at least 3.
After both parties have received notifications, they must enter into negotiations within a week. The person who initiated the meeting should be sent a note listing all the members of the commission, as well as indicating their authority. It is believed that negotiations should begin a day after the initiator of the event received this note.
In order to further understand the essence of collective bargaining, the concept of the parties and the order of conduct, we note that no persons and organizations that represent the interests of the employer or are sponsored by them or are political representatives cannot negotiate on behalf of the workers themselves. Also, all of the above persons cannot sign any important documents or make changes to them on behalf of employees. By law, they are simply deprived of such opportunities.
Stages
So, we begin to consider the procedure for negotiating and concluding a collective agreement. Initially, a decision is made that negotiations should be held, each side is notified of this and a time and place are assigned. At the second stage, members of the commission who will participate in the negotiations are approved and their powers are determined. Moreover, the commission should be formed on a voluntary basis. Several employees can work in parallel or unite in some organization in order to determine the requirements for negotiating.
At the third stage, a discussion of a specific collective agreement takes place. In the course of decision-making, improvements are possible, which should be clearly regulated by the terms and agreed with each of the parties. Collective bargaining ends with the meeting of all employees and the signing of accepted documents. At this stage, various organizations or individuals can represent the employer.
As for the duration of the collective agreement, it comes into force for at least a year and a maximum of 3 years. If any changes or additions are necessary, they must be made by agreement of each party. Note that if the validity period of documents has already passed at a certain point in time, then its provisions will automatically continue to be valid until the new agreement is formulated or until the old provisions are amended.
It is important to remember that if the management of the company, the composition, structure or the employment contract is broken, the collective agreement still remains valid. It remains active even if the company is reorganized. In this case, the contract can be terminated if such an option is proposed by one of the parties. But during the liquidation of the company, the contract will still be valid. After a change of leadership or reorganization, the contract will still be valid for the first three months, after which the employer must meet to create a new contract or change the oneon the basis of which they worked.
Protecting the interests of the parties
As we said above, the interests of the employer in collective bargaining are represented by any person or organization who does not have financial or political support from the head. This is necessary so that after the adoption of the document it was correctly legalized, taking into account the equal rights of all employees.
The collective agreement must be registered within a week after its adoption and signing. Note that registration cannot be prohibited or canceled, because it must be carried out even if some typos were found in the text itself. Also, within a week, the commission that controlled the negotiations should carefully study all the conditions of the adopted act in order to find some points or aspects that could worsen the situation of employees in one way or another. All information must be communicated to each party. As a result, the decision of another meeting may be made with the aim of forming new principles that will suit each of the parties.
Protocol
The procedure for collective bargaining is clearly reflected in the protocol. Logging this procedure is required. The document should consist of the following data:
- Time and place of the event.
- Members of the commission, their powers and duties, indicating the name of F. I. O. and the positions held.
- Document Number.
- The topic of the meeting, results and decisions made.
- Voting results on a particular issue.
- Signatures of all participants in the meeting.
What is the result?
The concept and procedure of collective bargaining is primarily based on the fact that a decision has been made that is acceptable to each of the parties. That is why the collective agreement should not contain such terms and conditions that may worsen the position of the employee in a particular organization. Also, the rights of employees should not be reduced or distorted due to regional and federal acts that are in force in this company. In addition, all the provisions that were adopted during negotiations must be implemented by the employer without fail.
The essence of collective bargaining may be to resolve a large number of issues. We list the most popular:
- Change in salary.
- Assignment or cancellation of benefits.
- Creation or changes of various mechanisms that can affect the wages of employees, taking into account their effective indicators and the level of inflation.
- Questions regarding working hours and holidays.
- Ways to improve the quality of working conditions for certain groups of employees, for example, for women and youth.
- Questions regarding work safety.
- Appointment of benefits, the ability to combine study and work.
- The issue of payment for food.
- Conflict situations, strikes and refusal to perform their duties.
- Change, adjustment or renegotiation of a collective agreement.
Also, agreements can be differentiated by the level at which they are accepted. So, there are general acts that can regulate social and working relationships at the federal level. Regional acts are effective at the level of citizens of the country. Industry acts allow to regulate relations in a particular industry. Professional acts make it possible to determine benefits and conditions of labor features for employees of a certain profession. Territorial acts help to take into account and take into account the peculiarities of labor in certain areas and cities.
Summing up, we note that the order of conduct and the subject of collective bargaining is not the privilege of the leader, but the real right of each employee. That is why it is very important that employees are aware of their rights and opportunities, as well as that they can act as initiators and offer their ideas, options and solutions to certain problems.The order of conduct and the subject of collective bargaining should be determined jointly by the employer and employee, and not just by one party. In such circumstances, the interests of all parties will be maximally respected, which will lead to effective and coordinated work of the entire team. At the same time, remember that if you observe any violations, then refer to the legislation, in which you can clearly trace the order of collective bargaining.