Legal Encyclopedia. The letter K

COLLECTIVE AGREEMENT

- A legal act regulating social and labor relations in the organization and concluded by workers and employers in the face of their representatives, as well as an act of social partnership of employers and employees.

Its main task - to regulate social and labor relations.

Parties KD - workers in the face of their representatives and the employer, represented by the director or other authorized person.

KD conditions and rules are binding on, and can not worsen the situation of workers in comparison with the current labor legislation. When deterioration of the situation of workers of KD in this part shall be deemed invalid.

The procedure for the development and conclusion of KD governed by the Labour Code and the RF Law "On Collective Contracts and Agreements".

The procedure, terms of project development and the conclusion of KD, the commission, venue and agenda for the negotiations between the parties and executed by order of the organization and the decision of the representatives of the employees. The content and structure of KD as determined by the parties.

The KD mandatory stipulated time limits and procedure of change, and the timing of the report of the parties on the conditions of KD

KD signed by the parties within seven days, the employer is directed to the appropriate labor authority at the location of the organization for the notification of registration, the implementation of which fulfills the condition that worsen the situation of workers.

KD is a period of not more than three years, it shall enter into force on the day of its signing by the parties or from the date specified in the contract. Its validity may be extended by the parties, but by no more than three years.

The functions of the KD are:

1) the organization of labor relations;

2) ensuring the stability of labor relations;

3) ensuring and protecting the interests of workers and employers;

4) the adaptation of labor relations in the organization to the real economic relations;

5) to reach a compromise between the employees and the employer through the conclusion of the contract;

6) ensuring economic progress, improve productivity, reduce the cost of goods.

Content KD - it agreed conditions by the parties (position), designed to regulate social and labor relations in the organization. These conditions define the rights and obligations of the parties and the responsibility for their violation.

The conditions included in the KD, the legal nature are divided into:

1) Contractual (contain obligations of the parties perform certain actions, usually organizational tehnicheskogoharaktera);

2) information (included in the KD in order to bring to the attention of employees of core labor standards);

3) regulations (KD characterized as a legal act containing established by the treaty are required to use the rules on collective labor conditions).

As a general rule KD consists of an introductory part, the section containing the rights and responsibilities of the administration, the employer and the section containing the rights and responsibilities of workers' organizations and their representative bodies. The annexes to the KD contains regulations - norms set centrally, which means KD communicated to the workers' organizations, and local regulations applicable to the Company.

Establishing responsibility of the parties for non-performance or improper performance of their duties s - an important means of ensuring the effective implementation of KD

The Labour Code in respect of representatives of the parties responsible for the set:

1) failure to participate in collective bargaining to conclude, change KD agreements;

2) unlawful refusal to sign the agreed K. D .;

3) failure to provide the information necessary for collective bargaining and monitor the implementation of KD monitoring the implementation of KD carried out the parties and their representatives, as well as labor agencies. Control forms can be extremely varied and include a verification of the individual (mutual) obligations, and the content of the agreement as a whole. At the general meeting (conference) of the labor collective, usually at the end of the calendar year, the parties shall report, on the implementation of KD Parties are obliged to provide information,

needed to monitor compliance with KD Persons guilty of failure to provide such information, subject to a fine in the amount and manner as defined by federal law.

For criminal breach of KD persons representing the employer, provides for criminal liability, the procedure for the application of which is regulated by the Criminal Code

Russian Federation.

The decision to prosecute is taken by the relevant body of social partnership system in the order that determines the position of this body, and registered in the minutes.

If KD included property obligations of the parties, the responsibility for any failure to perform relevant obligations can occur in accordance with the civil legislation of the Russian Federation.

Perhaps a combination of different types of legal liability for culpable violation of obligations under the KD (eg, administrative responsibility in the form of fines and disciplinary action in the form of a reprimand).

Parties to the agreement KD has the right to establish by mutual consent

responsibility for violation default with KD, if this responsibility does not contradict the legislation of the Russian Federation. Conditions and procedure for application of measures of responsibility established by agreement or K. D.