The trade union is represented by the association of workers of a particular institution whose main goal is to protect the interests and rights of citizens in interaction with employers or representatives of various government agencies. It is the union members who deal with issues related to improving working conditions, raising salaries and providing assistance to company employees. Therefore, it is not uncommon for employees of one firm to question how to create a union in an organization. The procedure is considered quite complex and lengthy, and is also carried out only under certain conditions.
Union concept
A trade union and a primary trade union organization are associations of company employees. They are formed by the direct employees of the enterprise to perform many important actions. Due to the fact that company leaders have numerous rights and resources, they often violate the interests of their employees. Trade unions are organized to protect citizens.
Only due to the fact that company employees can put forward any requirements together, they can really count on the achievement of certain goals.
Union mission
The new union in the organization will solve many important problems for all employees of the company. Most often, members of this association deal with the following important issues:
- financial assistance is provided to workers who find themselves in difficult life situations;
- vouchers to various sanatoria are drawn up and distributed between employees of the same company;
- the organization of various cultural events;
- protection of labor rights and interests of citizens is ensured, so they can be sure that they will never encounter long delays in salaries, suspension of work of the enterprise, illegal dismissals or other similar actions on the part of the company’s administration.
It is the union that is a legally functioning association representing the interests of hired professionals. For this, special agreements are drawn up between the organization and the trade union. They are called collective bargaining agreements.
Features of the collective bargaining agreement
The creation of a trade union in an organization necessarily requires the signing of an appropriate collective agreement between the employer and the representative of the organization. When compiling it, the following points are taken into account:
- Includes information on the nuances of employing employees in the company;
- addresses numerous issues related to labor protection, employee salaries, as well as benefits and guarantees that are provided by the employer;
- the original of this agreement is kept by the chairman of the trade union organization;
- it is the legal documentation adopted by the company, so the head of the enterprise should focus on its content in cooperation with hired specialists;
- union members are required to ensure that the employer fulfills his duties to employees under a collective agreement.
When drafting such an agreement, information that contradicts the requirements of the Labor Code should not be entered into it in any way.
What actions does the union take?
Before creating a trade union in an organization, it is necessary to decide which actions are carried out by members of this association. The main functions of this collegial body include:
- negotiating with company management or government organizations;
- collective bargaining;
- control over the implementation of the conditions of this document by the head of the company;
- making claims on termination of labor contracts that violate the provisions of the Labor Code or collective agreement;
- control over the implementation of the requirements of the TC;
- negotiations on the basis of which the salary of employees increases or delays in the payment of various funds cease;
- conducting collective disputes related to work;
- organization of protests or strikes, if necessary;
- provision of advice related to the labor rights of workers;
- Representation and protection of interests of trade union members in court or other state institutions;
- selection of representatives involved in protecting the interests of the association;
- selection of representatives during the investigation of various industrial accidents;
- organization of cultural, sports or recreational work among company employees.
Each employee of any organization can become a member of the union. This does not require permission from the head of the company or government agencies.
What rights does the association have?
The organization of work of the trade union is carried out by initiative workers of the enterprise. They should be well versed in what labor rights hired professionals have. The created association may enjoy different rights in the field of working conditions for employees, control over the timely transfer of salaries, as well as ensuring the protection of labor rights.
Union members are constantly involved in staff development or in their education. They do not allow labor discrimination in the organization. If necessary, it is the trade union organization that submits complaints and applications to the labor inspectorate or other state authorities.
Is it possible to create a union from scratch?
Many companies do not have such a union, so employees are thinking about how to organize a union in the enterprise. The process features include the following:
- any employee of the company can engage in the organization of this association;
- union members retain their rights and freedoms as employees of the enterprise;
- Initially, workers will have to initiate the formation of a primary trade union organization, which operates only in a certain structural unit of the company.
The initiators of the creation of such an association automatically become its members.
When is a union required?
How to organize a union in an organization? Usually there are certain prerequisites that prompt workers to think about creating this association. Most often, the procedure is performed under the following conditions:
- managers constantly violate the labor rights and interests of hired specialists;
- conflicts regularly arise with the director of the company;
- violated the rules of employment, dismissal, accident investigation or other important procedures.
Under such conditions, many company employees are interested in organizing a union. The procedure is simplified if there is a leader or an active group, since it is precisely these citizens who will be the founders of the organization in the future.
Step-by-step instructions for creating a union in an organization
The initiator of this process can be any employee or a group of hired specialists. Additionally, the city trade union organization may insist on this. If workers are the initiators, then how to create a union in the organization? To do this, the following actions are performed:
- the initiative shown by at least three employees of the enterprise, comprising an active group, on the basis of which the primary trade union cell is formed;
- the created group must apply to the branch trade union, with the leadership of which negotiations are being held, since permission is required from such a large association for further work;
- information is distributed about the creation of this collegial body in the company among other employees, for which special leaflets are used containing information about the goals and objectives of the functioning of this association;
- the first meeting is held, and the employer cannot prohibit it, but it is important to notify the head of the company about the place and time of the event;
- at the meeting, a committee and control bodies are elected;
- all interested persons who attended this event get acquainted with the pre-compiled program;
- the charter of the organization is approved, and a decision is made whether it will be registered as a legal entity in order to acquire numerous rights;
- all participants are offered the opportunity to join a new association, for which they must write a statement;
- all new participants must make an initial membership fee, the amount of which is usually equal to 1% of the earnings of citizens in the company.
If company employees do not know how to organize a union in an organization step by step, then they can turn to the Federation of Trade Unions for help.
Position creation
Step-by-step instructions for creating a union in an organization include the need to develop a special provision. It acts as an internal regulatory document regulating the activities of the formed association.
When creating such a provision, the following sections are necessarily included in the text:
- general information about the work of the created organization;
- management structure;
- goals and objectives to be achieved by members of the association;
- rights and obligations of each participant;
- members responsibility;
- list of assets owned by the organization;
- size and rules for transferring membership fees;
- directions in which funds received from participants in the form of contributions will be spent;
- the rules on the basis of which voting is carried out, designed to select a leader.
Together with the regulation, a charter is formed, which contains the main nuances of cooperation of the primary organization of the union with the employer and various state institutions.
If union members have any assets, then registration of the association in the form of a legal entity is required for their statement on the balance sheet. To select a chairman, a vote is held in which all members of the association participate. Such voting is conducted secretly, as well as without any participation on the part of company management. In this case, you can be sure of the objectivity of such a vote.
Rules of registration in the Ministry of Justice
If the trade union should work as a legal entity, then it must be registered with the Ministry of Justice. To do this, the chairman prepares the following documentation:
- a statement in the form of P11001, and it is made in duplicate;
- regulations on the work of the association, which reveals the main issues regarding the activities of the organization;
- minutes of the meeting at which a decision was made to open a union;
- letter of guarantee containing information on the legal address of the association.
Documents are referred to the Ministry of Justice within a month after the creation of the organization. If the documentation reveals errors, then a registration refusal will be received.
Creation of an association by a city authority
The initiative to open such an association may come not only directly from the workers of a particular enterprise, but even from the branch trade union. How to organize a union in the organization step by step in this case? To do this, the following actions are performed:
- the situation in the company is analyzed in order to understand whether the employees of this company really need the help of the union, what are the problem points, and whether the employer is ready to cooperate with the members of the association in the future;
- all employees in the company who are interested in opening a trade union organization are identified, since they will be its members after creation;
- an initiative group is formed, which necessarily includes employees of the enterprise, and it is also important to make sure in advance that such activities are carried out voluntarily by citizens;
- other employees are agitated, after which a meeting is held at which the proposed program and statutory documentation is studied, as well as statements are prepared by future members of the association;
- the formation of a new cell is confirmed by the publication of a special act of the presidium.
The organization of a trade union in any company is considered a positive moment for each employee of such an enterprise. In this case, employees can be sure that their rights and interests will be protected, and that they will never face discrimination or violations of labor law by the head of the company.
Conclusion
Many employees of one enterprise are thinking about how to create a union in an organization. The procedure can be performed on the initiative of workers or the city trade union body. In each situation, different actions are carried out aimed at attracting as many employees as possible to this process.
It is this association that protects the labor rights and interests of workers. It necessarily includes employees of this company, who must make membership fees.