Duration of the collective agreement: for how long is the collective agreement concluded?

Organizations draw up a lot of different documents that streamline activities. The collective agreement is concluded by employees with management. This is the main legal act approving social and labor relations in companies and individual entrepreneurs. The article will talk about the duration of the collective agreement and the possibility of its extension.

General information

The concept of this document is recorded in part 1 of article 40 of the Labor Code of the Russian Federation. As in other local acts in organizations, there are no conditions restricting rights and affecting the guarantees of employees in comparison with those that include the Labor Code.

Usually collective bargaining agreements conclude:

1. To stabilize labor relations between superiors and employees.
2. Motivation of employees in solving problems of a legal entity or individual entrepreneur.
3. Maintaining material interest of the staff to use a creative approach and responsibly perform their work.
4. Streamlining the pay system.
5. Streamline planning and cost management.
6. Social Security Improvements for Employees.

The stated objectives of the document are approximate. The parties have the right to expand them, if necessary. The term of the collective agreement and other nuances are fixed in law.

Parties

The agreement is concluded by the organization and the collective. The first side is represented by the owner or representative. The face of employees is the union or leaders. They are selected based on the results of the collective meeting. Parties to a collective agreement may be:

1. Owner or founder of a company or branch.
2. Company administration, head, manager.
3. Representatives of the collective: a trade union body or an active group of persons.
4. Performers of specific obligations.

A representative of one side cannot represent the other side. If negotiations with the employer are conducted by the trade union body, then with the permission of the staff, entities that are not its members have the right to authorize them to speak on their behalf.

If the trade union is not one, but no one includes more than 50% of employees, then by means of voting at the meeting a single representative body is created. They will be negotiating with the employer. The conclusion of a collective agreement is the right of the parties, but not an obligation. But if one side wants to draw it up, the other cannot refuse it.

Is an agreement required?

The Labor Code does not establish a mandatory rule for the execution of such contracts for companies and individual entrepreneurs. But employers and employees have this right. It is indicated in Part 1 of Art. 21 and h. 1 Article 22 Labor Code of the Russian Federation. Also in Part 2 of Art. 36 it is recorded that the representatives of the party after receiving a written proposal for the execution of collective agreements must start them within a week. This means that the recipient must provide an answer within a given period after review. The letter must indicate the representatives from which the collective bargaining commission is created, and also indicate their authority.

According to the norms of the Labor Code of the Russian Federation, it can be concluded that if managers and employees do not send an invitation to create a contract, then there is no need to conclude it. Registration of a document is considered voluntary. There is no liability in the law for the absence of this paper. The objectives of the conclusion of agreements are not defined. But in practice, they can reduce document flow on personnel issues and resolve conflicts between the parties. If it was decided to draw up an agreement, then the same rules will apply for the duration of the collective agreement.

Information for branches and foreign representative offices

This agreement may be concluded throughout the organization. Then all employees must comply with the conditions. After the conclusion of the document in a separate branch of the company or representative office, the document will be valid only for this unit. Such requirements are spelled out in Art. 43 of the Labor Code of the Russian Federation.

For foreign representations of Russian companies that operate abroad, there are no differentiated standards for drafting collective agreements. This means that they have the right to create their own version of the contract. The main thing is to comply with the requirements of the Labor Code of the Russian Federation and the laws of the country where the activity is conducted. It turns out that the term of the collective agreement there will be the same as in Russia.

To exclude additional work, foreign representative offices simply conclude these documents, which were adopted by the parent company. But such acts should indicate that the conditions apply to employees of all departments, including workers in other countries.

Document Content

The content and structure of the agreement are discussed and established by agreement of the parties. This document has the required sections:

1. Introductory part, including directions of work and development of the company.
2. Rights, duties of administration and employer.
3. Duties and rights of workers and their representatives.
4. Validity.
5. Rules of change.
6. Additions.
7. Dates and options for a report by the parties on its implementation.
8. Responsibility for violations.

Typically, a collective agreement consists of the following information:

1. Size, system and forms of remuneration of employees.
2. Rules for bonuses, payment of compensations and benefits.
3. Inflation-based salary indexation.
4. Labor discipline, work schedule and vacations.
5. Retraining of employees, advanced training.
6. Working conditions, protection of life, health of workers.
7. Health and relaxation procedures for employees.
8. Ban strikes and sabotage.

At the request of the parties, the content and number of paragraphs may vary, but it is important that all requirements and proposals are justified. In addition, the situation of employees should not worsen.

Maximum term

The collective agreement begins on the date of signing. It is concluded as a result of negotiations between representatives of the parties. Management rights are asserted by persons who have these powers. Negotiators should include union members. The decision of the meeting will be lawful subject to certain conditions. The negotiations should be attended by 50% of the staff or 2/3 of the delegates from the departments of the company.

More than half of the participants must vote in favor of the agreement. How long is a collective agreement? According to Part 1 of Art. 43 of the Labor Code of the Russian Federation, this document is drawn up up to 3 years. After this, the paper with the existing applications is canceled. It turns out that the maximum collective agreement is concluded for a period of 3 years. Shorter time periods may apply.

But in part 2 of article 43 of the Labor Code of the Russian Federation, the term for concluding a collective agreement may be extended. To do this, at least one of the parties must draw up a written request. Changes and additions are recorded in the agreement in the manner specified in this legal act.

Auto Renew

Although the term of the collective agreement is no more than 3 years, the parties can extend the term by another 3 years. According to some lawyers, this provides the opportunity to include in the document the conditions for automatic prolongation. Then a collective agreement is concluded for a maximum period of not more than 3 years. The countdown occurs from the date of signing.

The effect of automatic prolongation will only be subject to the tacit agreement being expressed by the parties with the end of the contract. But the employer and employees can initiate a new document. Then the previous agreement will be canceled, as well as its terms and conditions.

How long the collective agreement is automatically renewed should be indicated in its text. This time period should not exceed 3 years. Otherwise, the condition of automatic prolongation will be considered illegal.

Compliance Monitoring

The fulfillment of the terms of the document is controlled by the parties that concluded it. Every year or within the time specified in the contract, representatives provide a report on the implementation of all norms and obligations. The labor inspection has the right to control. She can inspect enterprises on her own initiative or at the request of a representative.

Any party has the right to appeal the violation in court, but, as is evident from practice, it is better to resolve such issues on the spot together with management. For non-fulfillment or untimely fulfillment of obligations, administrative responsibility will follow.

The labor inspectorate has the right to impose fines, taking into account modern legislation (Article 23/12 of the Administrative Code of the Russian Federation). The employer pays a fine of 30-50 minimum wages (minimum wages) for failure to fulfill obligations. And the representatives of the collective are threatened with disciplinary sanctions, dismissal.

Many Russian companies appreciated the conclusion of collective agreements. Thanks to this document, it is much more convenient to regulate labor relations. Moreover, this is an excellent option for motivating employees and creating a value system in the team. If the parties wish, such an agreement can be drawn up at any time.

Output

Thus, the labor legislation establishes the maximum duration of the labor agreement. It can be concluded for a shorter period. If necessary, the document is extended. Compliance with deadlines, as well as other rules, makes the collective agreement legally valid.