How does a collective labor agreement differ from an individual one? Recommendations for concluding a collective labor agreement Labor contracts with individual representatives, main types.

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

It could be like external sources – Labor Code of the Russian Federation, federal laws and regulations, and internal concluded within the organization itself.

The main internal documents are individual and collective.

These two types of contracts have both a variety of common features, so significant differences. It is important to know exactly what characteristics distinguish a 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 agreement, which regulates labor relations in or at .

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

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

The main purpose of the collective agreement is to regulate and consolidate fundamental rights and responsibilities all employees of the company, as well as control over compliance with their legitimate interests. Also, the collective agreement establishes the rights and obligations of the employer in relation to its employees and determines the internal labor regulations.

Expanded list of goals, which are achieved through a collective agreement, is as follows:

Increased motivation employees to achieve the main goals of the organization, ensuring balance between personal material gain and the results obtained (for example, by ).
Guarantee social protection of workers and their material support - is implemented by including provisions in the contract regarding payment, payment, and other social guarantees.
Stabilization and strengthening labor relations between employees and the employer - is achieved by precisely establishing the mutual rights and obligations of the parties.
Optimization of cost planning– the collective agreement includes all goals and expense items related to the payment of funds to employees.

This is the most general list of goals - depending on the specific agreement and its content, others may be identified.

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 an individual entrepreneur and is concluded by employees and the employer represented by their representatives.

If agreement is not 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 a collective agreement on the agreed terms and simultaneously draw up a protocol of disagreements.

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

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

To conduct collective negotiations on the preparation, conclusion or amendment of a collective agreement in a branch, representative office or other separate structural unit of the organization, the employer vests the necessary powers with the head of this unit or another person in accordance with part one of Article 33 of this Code. In this case, the right to represent the interests of employees is vested in the representative of the employees of this division, 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 , therefore after the end of its validity period it must be present - otherwise its participants will not be able to take advantage of the benefits and compensation indicated in the document. Legislated maximum term The contract is valid for three years.

Conclusion procedure

A collective labor agreement may be concluded for such economic entities, How:

Organization or enterprise generally( or ).
Separate branch companies.
Representation organizations.
Other structural divisions.

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

Labor Code of the Russian Federation. Article 43. Validity of the collective agreement
A collective agreement is concluded for a period of no more than three years and comes into force on the day it is signed by the parties or on the date established by the collective agreement.

The parties have the right to extend the collective agreement for a period of no more than three years.

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

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

When changing the form of ownership of an organization, the collective agreement remains in force for three months from the date of transfer of ownership rights.

When an organization is reorganized in the form of a merger, annexation, division, or spin-off, the collective agreement remains in force throughout the entire period of the reorganization.

When reorganizing or changing the form of ownership of an organization, either party has the right to send proposals to the other party to conclude a new collective agreement or extend the validity of the previous one for up to three years.

When an organization is liquidated, the collective agreement remains in force throughout the entire period of liquidation.

Results

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

It allows you to do better protect employee rights and provide them with additional reassurance, as well as provide employers with a clearer picture of the needs of their staff.

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

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The employer formalizes the employment relationship with the potential applicant under the formal terms of the contract, which will clearly outline the legal obligations of the parties. Thus, the regulation of legal relations between an employer and a 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 a collective labor agreement means a legislative document that regulates social and labor relations at an enterprise, concluded by an employee and an employer through negotiations between their legal representatives. Specially authorized people appointed by order of management act on behalf of the company; the interests of employees are represented by trade union organizations.

Pay attention! The fifth article of the Labor Code of the Russian Federation regulates the implementation of collective agreements through regulations and agreements.

Such a document can be drawn up at the level of a large company or an 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 a 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 signing a collective labor agreement (the seven-day period established by law), the document is registered with specialized labor authorities. The document begins to be valid after registration and verification of the working conditions of employees.

Labor contracts with individual representatives, main types

The contract establishes the legal relationship between employer and employee. Types of collective labor agreements with individual entrepreneurs:

Agreement for a strictly defined time period:

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

By the nature of the working relationship:

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

Fixed-term contract

A fixed-term contract is a type of activity that is concluded for a clearly established period. A fixed-term collective labor agreement has the following characteristics:

the regulations for working relationships of an urgent nature are determined by Article 59, Part 1, 2 of the Labor Code of the Russian Federation;
is issued in cases where the type of activity does not provide for employment for an unlimited period;
under the terms of a fixed-term contract, construction, seasonal, and temporary activities are carried out;
works by voluntary agreement of the parties, participants in the employment contract, means the employee’s right to formalize a permanent employment relationship;
if the contract does not clearly define the terms of the agreement, then the document is signed on a permanent basis;
after the end of the contract, the employee remains in his place, the employment contract is considered unlimited.

Permanent contract

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

Labor activity under a civil contract

An example of a bilateral relationship in which a specific type of work activity is carried out without concluding labor agreements is called a civil contract.

The document provides a clear list of responsibilities for the provision of certain types of services, aimed at results, with clearly defined time frames, and 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;
the operation of general principles of employment;
registration of the document with local authorities;
mandatory registration of labor relations in writing;
payment of payments and insurance premiums;
registration of pension insurance certificates.

Download a sample collective labor agreement

Required documents

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

passport;
work book, document confirming part-time employment;
certificate of pension insurance;
military ID;
diploma of qualification.

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 to resolve issues that are included in the content of regulations;
compliance with the rules and regulations of the law;
powers of representatives of the parties;
voluntary acceptance and fulfillment of obligations;
systematic control;
bearing mandatory responsibility.

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.

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

information on staff development;
data on the payroll system, payment of material compensation, taking into account indexation and inflation;
procedure for registering vacation campaigns;
organization of comfortable working conditions;
assistance to young employees when combining study and work;
provision of other services in hazardous industries: payment for food, sanatorium treatment.

An example of a collective labor agreement should include the following sections:

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

Filling out a work book

Information about the work activity of an employee who is applying for a position is reflected in the employee’s passport - work book. A personnel employee of an enterprise is required to keep records in a document (exceptions include employers - individuals).

The procedure for filling out a work book is regulated by federal legislation and the relevant Labor Code standards.

The employee’s passport must contain all the information that helps the employer evaluate the business and professional qualities of a potential employee.

Larisa Fedorova talks about the collective labor agreement

One of the employer’s responsibilities before signing an employment contract is to familiarize the employee with the local regulations of the organization, including the collective labor agreement. Articles 40-44 of the Labor Code of the Russian Federation are dedicated to him.

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

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

An employment contract is drawn up between a specific 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.

Terms

Mandatory

Mandatory conditions include:

about the work being performed;
about the position that the employee will hold during the contract:
about the employee’s workplace;

An individual employment 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 agreement is possible in two cases:

if the nature of the work performed will be (seasonal) in nature;
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 employee’s work: living conditions, the possibility of providing housing, food, etc. Additional terms and conditions may not be specified.

An important legal requirement is that the contract cannot include any conditions that could worsen the employee’s position.

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

Full name of the employee and employer, if he is an individual;
name of the organization;
data on identification documents of the employee and employer;
details of the employer's representative authorized to sign the contract;
place where the contract was concluded, date.

Collective TD

Such an agreement is signed between all employees represented by their legal representatives and the employer. This normative act regulates the social and legal relations of the parties.

The parties negotiating the contents of the collective labor agreement 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. They must develop regulations within three months.

The basic rule is that compared to the guarantees of the law. The requirements for the content of the agreement 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 activities (form, size);
assignment of additional payments (benefits);
changes in the payment system taking into account the economic situation in the country and labor indicators;
work and rest time;
conditions for granting vacations;
retraining;
workers who combine work and study;
opportunities to provide healthy recreation to employees and members of their families;
payment for food;
monitoring compliance with the terms of the collective TD, making changes to it, the procedure for informing employees about its implementation;
other issues that the parties wished to introduce.

The validity of such an agreement is no more than three years and can be extended for the same period.

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 work legally.

The employment relationship must be confirmed by the signing of a 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 the workers.

An individual contract is concluded between an employer and one individual 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 terminated or, in other cases provided 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 individual and collective can be clearly displayed in the table:

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The conclusion of this employment contract is allowed with persons who have reached the age of sixteen years.

When concluding an employment contract, a person applying for work presents to the employer:

passport or other identity document;

work book;

insurance certificate of state pension insurance;

military registration document - for those liable for military service and persons subject to conscription for military service;

document on education.

The grounds for termination of an employment contract are:

agreement of the parties (Article 78 of the Labor Code of the Russian Federation);

expiration of the employment contract (clause 2 of Article 58 of the Labor Code of the Russian Federation), except for cases where the employment relationship actually continues and neither party has demanded its termination;

termination of an employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);

termination of an employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation);

transfer of an employee, at his request or with his consent, to work for another employer or transfer to a chosen job (position);

the employee’s refusal to continue working due to a change in the owner of the organization’s property, a change in the organization’s subordination or its reorganization (Article 75 of the Labor Code of the Russian Federation);

the employee’s refusal to continue working due to changes in the essential terms of the employment contract (Article 73 of the Labor Code of the Russian Federation);

refusal of an employee to transfer to another job due to health conditions in accordance with a medical report (part two of Article 72 of the Labor Code of the Russian Federation);

the employee’s refusal to transfer due to the employer’s relocation to another location (part one of Article 72 of the Labor Code of the Russian Federation);

circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);

violation of the rules for concluding an employment contract established by the Labor Code or other federal laws, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).

4.2 Collective labor agreement

A collective agreement is a legal act that regulates social and labor relations in an organization and is concluded by employees and the employer represented by their representatives /6, p.312/.

If agreement is not 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 a collective agreement on the agreed terms and simultaneously draw up a protocol of disagreements. A collective agreement can be concluded in the organization as a whole, in its branches, representative offices and other separate structural units. When concluding a collective agreement in branches, representative offices, and other separate structural divisions of an organization, the representative of the employer is the head of the relevant department authorized by the employer.

The collective agreement may include mutual obligations of employees and the employer on the following issues:

1. forms, systems and amounts of remuneration;

2. payment of benefits, compensation;

3. a mechanism for regulating wages taking into account rising prices, inflation levels, and the fulfillment of indicators determined by the collective agreement;

4. employment, retraining, conditions for releasing workers;

5. working time and rest time, including issues of granting and duration of vacations;

6. improving the working conditions and safety of workers;

7. compliance with the interests of employees during the privatization of organizations and departmental housing;

8. economic security and health protection of workers at work;

9. guarantees and benefits for employees combining work with training;

10. health improvement and recreation for employees and members of their families;

11. control over the implementation of the collective agreement. The procedure for making changes and additions to it, the responsibility of the parties, ensuring regulatory conditions for the activities of employee representatives;

12. refusal to strike if the relevant conditions of the collective agreement are met;

13. other issues determined by the parties /2, p.150/.

The procedure for developing a draft collective agreement and its conclusion is determined by the parties in accordance with the Labor Code and other federal laws.

A collective agreement is concluded for a period of no more than three years and comes into force on the day it is signed by the parties or on the date established by the collective agreement.

The parties have the right to extend the collective agreement for a period of no more than three years.

The collective agreement applies to all employees of this organization, its branch, representative office and other separate structural unit.

When an organization is liquidated, the collective agreement remains in force throughout the entire period of liquidation.

Changes and additions to the collective agreement are made in the manner established by the Labor Code for its conclusion.

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 an enterprise, negotiations are conducted between representatives of the parties. Persons appointed by order of the manager or persons authorized by him act on behalf of the employer. 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 workers has priority in negotiations. 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 no agreement is reached between them at the general meeting, the trade union (or association) for which the majority of workers vote is elected by secret ballot. Or (for example, if there are no trade unions), the labor collective at a general meeting (conference) elects another representative body. The decision of the meeting is legal if at least half of the total number of employees on the payroll (or 2/3 of the delegates sent to the conference by representatives from structural divisions) was present and the decision was made by a majority of votes (more than 1/2 of those present).

A commission is created to develop a collective agreement. The employer issues an order on the creation of the 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 of initiative to conclude a collective agreement, and the other party is obliged to appoint representatives within seven days and begin negotiations.

The range of issues in the collective agreement is approximately defined in Art. 41 Labor Code of the Russian Federation. But there may be other questions, determined by agreement of the parties; they must correspond to the principle of reality and the possibility of their implementation.

In addition, the collective agreement cannot contain provisions that worsen the situation of workers in comparison with the law. Negotiations, as a general rule, must be completed within three months, since only for this period the place of work, position and average earnings are preserved for the participants in the negotiations.

If the agreement is not concluded before the expiration of the three-month period, the parties are obliged to sign the agreement according to the agreed terms. If the terms are not agreed upon, a protocol of disagreement is drawn up. Unagreed terms may be subject to additional negotiations. In this case, the benefits and guarantees of the participants in the negotiations are determined by agreement with the employer.

A common practice is to agree on a draft collective agreement with and provide the opportunity to make comments and suggestions that can be taken into account.

The agreement 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 worker’s position in comparison with the law.

The negotiation process itself, the time and place are determined by the representatives independently. 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; with the agreement of the parties, it can be extended for another period. When reorganizing an enterprise, the contract continues to be valid for the entire period of reorganization. If the owner changes, the previous agreement is valid for three months after registration of ownership rights.

Collective labor agreement

The Law of the Russian Federation “On Collective Bargains 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 Bargains 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 regulating social and labor relations between employees and employers and 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 terms of collective agreements or agreements that worsen the situation of employees in comparison with the law are invalid.

The basic principles for concluding collective bargaining agreements are: compliance with the law, the authority of representatives of the parties; equality of the parties; freedom of choice and discussion of issues that constitute the content of collective agreements and agreements; voluntariness of accepting obligations; systematic control and inevitability of responsibility.

The law established a provision according to which any interference that could limit the legal rights of workers and their representatives or impede their implementation on the part of executive authorities and economic management bodies, political parties and other public associations, employers is prohibited when concluding, revising and implementing collective agreements and agreements .

Negotiations and conclusion of collective agreements and agreements on behalf of workers by organizations or bodies created or financed by employers, executive and economic management bodies, and political parties are not allowed, except in cases of financing provided for by law.

Parties to the collective agreement according to Art. 11 of the Law “On Collective Bargains and Agreements” are the employees of the organization represented by their representatives and the employer directly or his authorized representatives.

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 his authorized representative - the head of the enterprise (director, general director, etc.), since this is based on legislative acts.

Contents and procedure for concluding a collective agreement

The collective agreement may include:

form, system and size, monetary rewards, benefits, compensation, ;
a mechanism for regulating wages based on price increases, levels, and fulfillment of indicators determined by the collective agreement; employment, retraining, conditions for releasing workers;
duration of working hours and rest time, vacations; improving the working conditions and safety of workers, including women and youth (teenagers);
voluntary and compulsory health and social insurance;
respecting the interests of workers during the privatization of enterprises and departmental housing;
environmental safety and health protection of workers at work;
benefits for employees combining work with training; control over the implementation of the collective agreement, responsibility of the parties, social partnership, ensuring normal conditions for the functioning of trade unions and other representative bodies authorized by employees;
refusal to strike under the conditions included in this collective agreement, subject to their timely and complete implementation.

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

The procedure, deadlines for developing a project and concluding a collective agreement, the composition of the commission, the venue and agenda of negotiations are determined by the parties and formalized by an order for the enterprise and a decision of the trade union or 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 finalized taking into account received comments, suggestions, and additions. The finalized unified project is approved by the general meeting (conference) of the labor collective and signed on the part of the workers 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 it is signed by the parties or from the date established in the collective agreement, and is valid for the entire period.

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

To resolve disagreements during collective bargaining, the parties use conciliation procedures. Within three days after drawing up a protocol of disagreements, the parties hold consultations, form a conciliation commission from among their members and, if no agreement is reached, contact a mediator selected by agreement of the parties. Decisions are documented in protocols that are attached to the collective agreement.

The Law of the Russian Federation “On Collective Bargains and Agreements” established the liability of a person representing an employer in the form of a fine for avoiding participation in negotiations on concluding, amending or supplementing a collective agreement or agreement in the amount of up to fifty times the minimum wage, 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 court.

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