Question:

Is it necessary to have a representative body of employees in an organization? If there is no such body in the organization, is it possible to impose any liability on the employer for its absence?

In accordance with Art. 52 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), employees have the right to participate in the management of the organization directly or through their representative bodies. This right is regulated by the Labor Code of the Russian Federation, other federal laws, constituent documents of the organization, and a collective agreement.

The main forms of employee participation in the management of the organization, according to part one of Art. 53 of the Labor Code of the Russian Federation are:

— taking into account the opinion of the representative body of employees in cases provided for by the Labor Code of the Russian Federation and the collective agreement;
— consultations with the employer by the representative body of employees on the adoption of local regulations;
— participation in the development and adoption of collective agreements.

The interests of employees when conducting collective negotiations, concluding or amending a collective agreement, monitoring its implementation, as well as when exercising the right to participate in the management of the organization, considering labor disputes between employees and the employer are represented by the primary trade union organization or other representatives elected by employees (part two of Art. 29 Labor Code of the Russian Federation).

Actually, this is what is meant by representative bodies of workers.

It should be taken into account that association, including the creation of trade unions and joining them; participation in the management of the organization; conducting collective bargaining and concluding collective agreements and agreements through representatives are the rights of workers (part one of article 21 of the Labor Code of the Russian Federation). In accordance with part two of Art. 8 of the Labor Code of the Russian Federation, when adopting local regulations in certain cases, the employer is obliged to take into account the opinion of the representative body of employees only if it exists. Thus, if there is no corresponding body in the organization, the employer does not have the right to form one from among the employees on his own initiative. Therefore, the absence of a representative body in an organization is not a violation of labor legislation and does not entail the application of any liability measures to the employer. The absence of this body also does not mean that the employer does not have the right to adopt local regulations that require coordination with the representative body, if there is one.

At the same time, if such a body is created by employees, the employer will be obliged to create conditions that ensure the activities of employee representatives, in accordance with labor legislation, collective agreements, agreements (Article 32 of the Labor Code of the Russian Federation), as well as perform other duties related to the presence of organization of a representative body of workers, in particular, take into account its opinion in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, collective agreements, agreements (part two of Article 8 of the Labor Code of the Russian Federation).

Thus, holding an employer liable for violation of labor laws may be associated not with the absence of a representative body of workers in the organization, but with the failure of the employer to fulfill the duties assigned to him in accordance with the law (to create conditions ensuring the participation of employees in the management of the organization, taking into account the opinions of representative body in the cases provided for this, conducting collective negotiations, concluding a collective agreement, etc.) if such a body is created on the initiative of workers.

If the organization has a trade union, then when resolving certain issues it is obliged to take into account its opinion (Article 371 of the Labor Code of the Russian Federation). The primary trade union organization represents the interests of the organization’s employees through its elected body (Articles 372, 373 of the Labor Code of the Russian Federation). In practice, such a body is the trade union committee (trade union committee).

Situation: Is an organization obliged to create a trade union??

No, I don't have to.

A trade union is considered a voluntary public association of citizens bound by common production and professional interests based on the type of their activity. A representative body (trade union) is created in order to protect the social and labor rights and interests of the organization’s employees. This is stated in Article 2 of the Law of January 12, 1996 No. 10-FZ. At the same time, trade unions are independent in their activities from the organization (organization management) (Article 5 of the Law of January 12, 1996 No. 10-FZ). When resolving certain issues, the organization is obliged to take into account the opinion of the trade union (Article 371 of the Labor Code of the Russian Federation). In particular, this must be done when adopting local regulations (Article 372 of the Labor Code of the Russian Federation). However, this condition must be met only if there is a trade union body in the organization (Article 8 of the Labor Code of the Russian Federation).

Thus, the management of the organization does not have the right to oblige employees to create a representative body (trade union). In turn, employees of an organization cannot have an obligation to unite in a trade union.

When it is necessary to take into account the opinion of the trade union

The organization is obliged to take into account the opinion of the trade union:

• in other cases provided for by law .

Accounting procedure

Procedure for taking into account the opinion of the trade union when adopting local regulations includes several stages.

First, the organization sends to the trade union committee:

• draft local regulatory act (for example, Regulations on remuneration, collective agreement);

• justification for the project (explanation of why it is being adopted and how the interests of employees are taken into account) (Part 1 of Article 372 of the Labor Code of the Russian Federation). The justification can be presented, for example, in the form cover letter .

This is stated in Part 1 of Article 372 of the Labor Code of the Russian Federation.

The trade union committee must review the draft local regulatory act and develop a reasoned opinion on it in writing. Depending on the decision made, the document may contain:

• agreement with the proposed draft local regulatory act;

• proposals for its improvement;

• negative opinion on the draft document.

The trade union must send a reasoned opinion to the employer no later than five working days from the date of receipt of the draft.

This is stated in Part 2 of Article 372 of the Labor Code of the Russian Federation.

Advice: In order to meet deadlines and resolve possible disagreements, please register covering letter, motivated opinion in the journals of incoming and outgoing correspondence.

Positive opinion

If the reasoned opinion of the trade union committee contains agreement with the draft local act, then the document is considered accepted taking into account the opinion of the trade union body. At the same time, it must contain a mention that the opinion of the trade union has been taken into account.

An example of drawing up a local regulatory act of an organization, taking into account the opinion of the trade union. The motivated opinion of the trade union committee contains agreement with the provided draft document

A trade union has been created in the organization. In January, she developed a draft Regulation on remuneration. On January 18, the draft document and its accompanying letter were sent to the trade union committee for approval. On January 22, the trade union committee sent a reasoned opinion to the organization regarding its agreement with the draft local regulatory act. The 25th of January Regulations on remuneration was accepted and approved by the head of the organization, taking into account the opinion of the trade union body.

Negative opinion

If motivated opinion trade union committee is negative or contains proposals for improving the local act, then in the specified document the trade union must justify its position and give an opinion on the presented draft document. In this case, the employer may agree or disagree with the motivated opinion of the trade union.

If the organization agrees with the reasoned opinion, the manager approves the local normative act in the wording proposed by the trade union committee.

If the employer does not agree with the position of the trade union committee, then he must conduct additional consultations with the trade union in order to achieve the optimal solution. This must be done within three days after receiving a reasoned opinion. If as a result of consultations disagreements are not eliminated, then a protocol of disagreements .

An employer may adopt a local regulation even if the parties do not reach an agreement. In this case, the trade union committee has the right to protect the rights of employees and appeal the adopted document to the labor inspectorate or court.

This is stated in parts 3 and 4 of Article 372 of the Labor Code of the Russian Federation.

Appealing a local act

An appeal against a local act to the labor inspectorate occurs in the following order. The labor inspectorate, having received a complaint from the trade union body, conducts an inspection within one month from the date of its receipt, based on the results of which it makes a decision. If violations of labor legislation are detected, the inspection will issue the employer with a mandatory order to cancel the specified local act.

This is stated in Part 5 of Article 372 of the Labor Code of the Russian Federation.

In addition, the trade union may begin the procedure for a collective labor dispute in the manner prescribed by Chapter 61 of the Labor Code of the Russian Federation.

An example of taking into account the opinion of a trade union when an organization adopts a local regulatory act. The motivated opinion of the trade union contains disagreement with the provided draft document

A trade union has been created in the organization. In January, she developed a draft Regulation on remuneration. January 18 draft document and covering letter were sent to him to the trade union committee for approval. On January 22, the trade union committee sent to the organization motivated opinion about disagreement with the draft local regulatory act. On January 25, the employer held additional consultations with representatives of the trade union, as a result of which a protocol of disagreements . Due to the fact that the parties did not reach an agreement, the organization approved a local regulatory act without taking into account the opinion of the trade union. The trade union decided to appeal the adopted document to the labor inspectorate.

In addition, in the manner prescribed for the adoption of local regulations, the organization must take into account the opinion of the trade union in some other cases established by law (Article 371 of the Labor Code of the Russian Federation).

Termination of an employment contract

The opinion of the trade union must be taken into account if the organization, on its own initiative, dismisses employees who are its members. The employer is obliged to seek the opinion of the trade union upon dismissal in connection with:

• reduction in number or staff (clause 2, part 1, article 81 of the Labor Code of the Russian Federation);

• inadequacy of the employee for the position held due to insufficient qualifications (confirmed by the results of certification) (clause 3, part 1, article 81 of the Labor Code of the Russian Federation);

• repeated failure by an employee to fulfill job duties (clause 5, part 1, article 81 of the Labor Code of the Russian Federation);

• dismissal of employees elected to labor dispute commissions (Part 3 of Article 171 of the Labor Code of the Russian Federation).

The procedure for taking into account the opinion of the trade union is as follows.

The organization sends to the trade union committee a draft order of dismissal and copies of documents that are the basis for making this decision (for example, a copy of the protocol of the certification commission - in case of dismissal due to the employee’s inadequacy for the position held) (Part 1 of Article 373 of the Labor Code of the Russian Federation).

Based on the results of reviewing the documents, the trade union committee, within seven working days, draws up a reasoned opinion in writing and sends it to the employer (Part 2 of Article 373 of the Labor Code of the Russian Federation).

If the trade union agrees with the draft dismissal order, then the organization has the right to dismiss the employee no later than one month from the date of receipt of a positive reasoned opinion (Part 5 of Article 373 of the Labor Code of the Russian Federation).

If the trade union does not agree with the organization’s decision, then it holds additional consultations with representatives of the organization within three working days. Based on the results of the consultations, a protocol is drawn up. If general agreement is not reached, the head of the organization may approve it within 10 working days from the date of sending the order without taking into account the opinion of the trade union. In this case, the trade union has the right to file a complaint against the employer’s actions with the labor inspectorate and the court. In addition, the employee can independently appeal the decision to dismiss in court.

The labor inspectorate, within 10 days from the date of receipt of the complaint, considers the issue of dismissal and, if it is declared illegal, issues a binding order to the employer to reinstate the employee at work with payment for forced absence. The organization has the right to appeal such an order in court.

This is stated in parts 3 and 4 of Article 373 of the Labor Code of the Russian Federation.

Situation: How can an organization take into account the opinion of the trade union if the procedure for such approval is not established by law (for example, when involving employees in overtime work)?

The Labor Code of the Russian Federation provides for cases when the employer is obliged to make decisions taking into account the opinion of the trade union. However, the procedure for such approval is established only for the following cases:

In addition, the Labor Code of the Russian Federation mentions other cases when an organization must take into account the opinion of the trade union body. For example, when inviting employees to work overtime (Part 2, 4 of Article 99 of the Labor Code of the Russian Federation). A complete list of such cases is given in table.

However, the procedure for coordinating the employer’s decision with the trade union in such situations has not been established.

In this case, the organization has the right to independently determine the procedure for taking into account the opinion of the trade union body and reflect it in a local regulatory document (for example, in a collective agreement). In this case, the employer has the right to use the approval procedure provided for in Articles 372 or 373 of the Labor Code of the Russian Federation (depending on the decision that needs to be agreed upon with the trade union).

Situation: In what cases is an organization obliged to take into account the opinion of a representative body of employees that is not a trade union?

The Labor Code of the Russian Federation directly indicates cases when an organization is obliged to take into account the opinions of employee representatives. Such representatives may be:

• trade union;

• other representative bodies (representatives).

This is stated in Part 1 of Article 29 of the Labor Code of the Russian Federation.

The existence of another representative body (not a trade union) is possible if:

• there is no trade union in the organization;

• none of the primary trade union organizations unites more than half of the employees and is not authorized to represent the interests of all employees.

The presence in the organization of another representative body (representative) is not an obstacle to the exercise of their powers by primary trade union organizations.

Such rules are established by part 1 of article 31 of the Labor Code of the Russian Federation.

At the same time, the Labor Code of the Russian Federation distinguishes between cases when an organization:

• must make a decision taking into account the opinion of the trade union;

• must make a decision taking into account the opinion of the representative body of employees (Article 101, Part 3 of Article 103, Part 4 of Article 135, Part 2 of Article 136, Part 3 of Article 147, Part 2 of Article 153, Art. 159, Article 190, Part 3, Article 196, Part 2, Article 221 of the Labor Code of the Russian Federation).

That is, in the first case, the organization must take into account the opinion of the trade union if it exists in the organization. Moreover, if the organization does not have a trade union, and the interests of employees are represented by another representative body (authorized representative), then it is not necessary to take into account its opinion.

In the second case, the organization is obliged to take into account the opinion of the representative body of employees. That is, for example, if there is no trade union in the organization, but there is another representative body (authorized representative), then it is necessary to take into account its opinion.

The procedure for taking into account the opinion of the representative body of employees (representative) in some cases is directly prescribed in the Labor Code of the Russian Federation (part 3 of article 103, part 2 of article 136, part 3 of article 147, article 190, part 3 of article 196 Labor Code of the Russian Federation). For example, when drawing up shift schedules, the employer must take into account the opinion of the representative body in the manner prescribed by Article 372 of the Labor Code of the Russian Federation ( ) (Part 3 of Article 103 of the Labor Code of the Russian Federation).

Moreover, in some situations, the procedure for coordinating the decisions of the employer with the representative body is not established in the legislation (Article 101, Part 4 of Article 135, Part 2 of Article 153, Article 159, Part 2 of Article 221 of the Labor Code of the Russian Federation). In this case, the organization has the right to independently determine the procedure for taking into account the opinion of the representative body of employees and reflect it in a local regulatory document (for example, in collective agreement ). In this case, the employer has the right to use (depending on the solution that needs to be agreed upon).

M.G. Moshkovich, lawyer

Is it worth creating a representative body of workers on the initiative “from above”

All accountants are interested in ensuring that there are no complaints against them from various government agencies conducting inspections, for example, the labor inspectorate. And the latter often insists that when approving such internal documents as regulations on wages, bonuses, and so on, it is imperative to take into account the opinion of the representative body of the organization’s employees. Let's see if the inspectors are right.

What is a representative body

Attention

The workers' representative body is not necessarily a trade union.

This is a trade union or simply a representative (or several representatives) from among the workers themselves. The powers of the latter are confirmed by the minutes of the general meeting of the organization’s employees. However, the creation of such a body is the right of workers in Articles 29, 31 of the Labor Code of the Russian Federation. That is, there may not be a representative body of workers in the organization (or the entrepreneur).

Are the regulatory authorities right in putting forward such a requirement?

When approving many local regulations (hereinafter - LNA), the employer is indeed obliged to take into account the opinion of the representative body of employees, but only if there is one Art. 8 Labor Code of the Russian Federation.

CONCLUSION

If employees took the initiative and created their own body, then taking into account its opinion in the cases named in the Labor Code of the Russian Federation is mandatory. If there is no representative body, then there can be no claims related to its absence.

The courts today reason the same way when considering a variety of disputes.

For example, Rostransnadzor referred to the organization's violation of licensing requirements, in particular, due to the fact that the organization approved the work schedules of drivers without taking into account the opinion of the representative body of workers. But the court rejected this argument, since this body was not elected in society. Resolution 17 AAS dated August 14, 2009 No. 17AP-6400/2009-AK.

In another case, the tax inspectorate tried to prove the illegality of accounting in expenses the amounts of bonuses paid on the basis of the regulations on wage conditions, approved only by the general director without taking into account the opinion of the representative body of employees. But also unsuccessfully, since there was no such body in the organization. Resolution 9 AAS dated 08.08.2011 No. 09AP-17511/2011-AK, 09AP-17512/2011-AK.

The court also rejected the employee who considered the provision on bonuses, adopted without “taking into account opinions”, illegal: the employer’s representative body had not been created. Based on this provision, the employee was paid a bonus in a smaller amount than he expected. Cassation ruling of the St. Petersburg City Court dated October 20, 2011 No. 33-15808/2011.

Is it easier to create than to argue?

Nevertheless, some zealous inspectors (from the labor inspectorate, tax and other regulatory authorities) still insist that the approval of the LNA without taking into account the opinion of the representative body is a violation. Show them the Labor Code standards if they are not familiar with them!

But, unfortunately, the administration (including the accountants and personnel officers themselves) sometimes follows the controllers’ lead. As a result, a decision was made to quickly create a representative body. After all, it seems that this is easier than proving your case in the courts.

If your management has decided to take this path, then here is an approximate course of action.

Organize a general meeting of employees (at least half of all employees must be present for a quorum). Do this during business hours to ensure attendance. If you have a large organization with an extensive branch network and it is difficult to gather everyone in one place and at the same time, then you can hold a conference of delegates pre-elected by the organization’s divisions. At least 2/3 of the elected delegates must be present. Art. 31, part 3 art. 399 Labor Code of the Russian Federation.

The representative (if we are talking about an “appointee”, then there is no need for a collegial body) must be elected by secret ballot and a simple majority of votes from the total number of those present (50% + 1 employee) Part 3 Art. 399 Labor Code of the Russian Federation. Compliance with this procedure is confirmed by the minutes of the general meeting, therefore employees must elect a secretary of the meeting to conduct it.

What is important to remember when having a representative body

So, a representative body has been elected. Let's see what kind of burden the organization takes on itself in this case.

When to take into account the opinion of a representative body

WE WARN THE MANAGER

If a representative body is created, That for approving the LNA without taking into account his opinion a fine is provided Art. 2.4, part 1 art. 5.27 Code of Administrative Offenses of the Russian Federation; Decision of the Ryazan Regional Court dated June 15, 2010:

• 30,000-50,000 rub. - for the organization;
• 1000-5000 rub. - for its leader (entrepreneur).

The answer is in all cases when the relevant norm of the Labor Code of the Russian Federation directly states this, and there are many such norms. For example, when establishing a remuneration system Art. 135 Labor Code of the Russian Federation(in particular, the size of tariff rates, official salaries, additional payments and allowances of a compensatory and incentive nature, bonus systems), when approving the regulations on certification and Art. 81 Labor Code of the Russian Federation, list of positions of workers with irregular working hours m Art. 101 Labor Code of the Russian Federation, shift schedules and Art. 103 Labor Code of the Russian Federation etc.

Forgetfulness of the administration in this matter can lead to various unpleasant consequences. Here's just one example. The order to reduce remuneration for length of service was declared illegal, since, according to the organization’s regulations, a reduction in the amount of such remuneration was possible only in agreement with the representative body of employees. The magistrate recovered the lost amounts in favor of the workers Resolution of the Presidium of the St. Petersburg City Court dated July 1, 2009 No. 44g-110/09.

How to take into account the opinion of a representative body

In some situations, when approving the LNA, the opinion of the representative body of workers must be taken into account, observing a certain procedure established by the Labor Code of the Russian Federation.

Attention

In the event of a dispute, the norms of the LNA, adopted in violation of the procedure for “taking into account opinions” established by the Labor Code, will not be applied Articles 8, 372 of the Labor Code of the Russian Federation.

This is a statement:

• shift schedule and Art. 103 Labor Code of the Russian Federation;
• payslip forms Art. 136 Labor Code of the Russian Federation;
• the size of the increase in wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions Art. 147 Labor Code of the Russian Federation;
• internal labor regulations Art. 190 Labor Code of the Russian Federation;
• forms of professional training, retraining and advanced training of workers, lists of required professions and specialties Art. 196 Labor Code of the Russian Federation;
• rules and instructions on labor protection for workers in Art. 212 Labor Code of the Russian Federation.

Let us show the procedure for “taking into account opinions” in the form of a diagram.

1Part 4 Art. 372 Labor Code of the Russian Federation; 2Art. 398 Labor Code of the Russian Federation

When approving other LNAs, the employer may take into account the opinion of the non-union representative body in some other manner, the main thing is that this opinion is reflected on paper. The above procedure is always mandatory for the trade union.

Regardless of which procedure is applied, the obligation to ask the representative body's opinion does not mean that you must agree with it. However, ignoring his position can lead to trouble. This danger may seem far-fetched - after all, the representative is then “appointed” to express his consent without expressing objections. But, as they say, you need to hope for the best and assume the worst. When creating a workers' representative body, keep in mind that things can get out of control.

Firstly, workers may in principle be unaware of the possibility of protecting their labor rights through a representative body. And with the advent of this body, it is possible that some of them will want to take advantage of the new opportunities.

Secondly, employees have the right to re-elect an “appointee”, expand the composition of the representative body, join a trade union, demand that the employer conclude a collective agreement, etc.

What benefits do employee representatives have?

Employee representatives have the right to be released from work while maintaining their average earnings for the duration of collective negotiations or the resolution of a collective labor dispute (but not more than 3 months). During these same periods, there are restrictions on their dismissal at the initiative of the employer, transfer to another job and the imposition of disciplinary sanctions. Articles 39, 405 of the Labor Code of the Russian Federation. In the event of a collective labor dispute, the administration will also have to provide premises for holding a meeting (conference) to put forward demands Art. 399 Labor Code of the Russian Federation. Representatives have the right to insist on other assistance from the employer in ensuring their activities and Art. 32 Labor Code of the Russian Federation.

Sometimes the administration itself is interested in developing social partnership with employees, especially in large organizations. The presence of an active representative body of employees gives the company a reputation as a good employer, since it implies attentive attention to the needs of employees. This attracts qualified personnel and improves the moral climate.

If the director strives for such a reputation, he can easily push employees to take initiative, explaining to them the possible advantages. But if he has not yet matured to such views, then there is no need to create unnecessary problems for himself. And you can complain about the illegal decisions of the labor inspector to his supervisor, the chief state labor inspector of the Russian Federation and (or) to court Art. 361 Labor Code of the Russian Federation.

Chapter III. Representation of workers and employers

Labor Code of the Republic of Uzbekistan (Enacted into force on April 1, 1996)

Article 21. Representation of workers at the enterprise

Representation of the interests of employees in labor relations and the protection of such interests can be carried out by trade unions and their elected bodies at the enterprise or other bodies elected by employees, the election procedure, terms of office and quantitative composition of which are determined by a meeting (conference) of the labor collective. Workers themselves determine the body to which they entrust the representation and protection of their interests.

All representative bodies act within the limits of their powers and enjoy equal rights in protecting the interests of employees.

The presence of other representative bodies at the enterprise should not interfere with the activities of trade unions in carrying out their functions.

The interests of employees and employers cannot be represented and protected by the same representative body.

The activities of representative bodies can be terminated by the decision of the employees who elected them, as well as by the court - if they commit actions that are contrary to the law.

Article 22. Trade unions

The rights of trade unions and their elected bodies in relations with state and economic bodies, employers are determined by law, charters, collective agreements and contracts.

Article 23. Rights of representative bodies of workers

Representative bodies of workers have the right:

negotiate, conclude collective agreements and agreements, monitor their implementation, make proposals to the employer on the preparation of regulations on labor at the enterprise;

Participate in the consideration of issues of socio-economic development of the enterprise;

protect the interests of workers in labor dispute resolution bodies;

Appeal to court the decisions of the employer and its authorized persons if they contradict legislative or other regulations on labor or otherwise violate the rights of employees.

Representative bodies may also take other actions aimed at protecting the interests of workers in social and labor relations, if they do not contradict the law.

The exercise of rights by representative bodies of workers should not reduce the efficiency of the enterprise or violate the established order and mode of its operation.

Article 24. Obligations of the employer in relation to representative bodies of employees

The employer is obliged:

respect the rights of representative bodies of workers, promote their activities;

Before making decisions affecting the interests of employees, consult with their representative bodies, and in cases provided for by legislative and other regulations on labor, obtain their consent;

timely consider proposals from representative bodies of workers and motivate them to inform them in writing about decisions made;

Unhindered access for members of workers' representative bodies to the enterprise and to the workplaces of workers whose interests they represent;

provide employee representative bodies with the necessary information free of charge on labor issues, enterprise activities, and other socio-economic issues;

Provide the necessary conditions for the representative bodies of workers to perform their functions;

fulfill other duties stipulated by legislative and other normative acts on labor in relation to representative bodies of workers.

Article 25. Additional labor guarantees for members of representative bodies of workers

Members of employee representative bodies are guaranteed protection from any form of harassment by the employer in connection with their representative activities.

Imposition of disciplinary sanctions, termination of employment contracts at the initiative of the employer with employees elected to representative bodies and not released from production work, as well as termination of labor relations at the initiative of the employer with employees elected to representative bodies within two years after the end of their elective powers , is not permitted without the prior consent of the local labor authority.

Employees released from production work as a result of election to elective positions in representative bodies are provided with their previous job (position) after the end of their elective powers, and in its absence, another equivalent job (position).

If it is impossible to provide employees elected to representative bodies with the appropriate job (position), they enjoy benefits provided for by legislative acts or collective agreements.

Article 26. Prohibition of obstruction of the activities of representative bodies of workers

Interfering in any form with the lawful activities of representative bodies of workers is prohibited.

It is not allowed to terminate the activities of representative bodies of employees on the initiative of the employer or his authorized persons.

The employer and his authorized persons who committed the actions specified in parts one and two of this article are liable in accordance with the law.

Article 27. Representation of employers at the enterprise

Representation of employers at the enterprise is carried out by administration officials within the powers granted to them by legislative and other normative acts on labor, their charters or regulations.

Article 28. Representative bodies of employers

Employers have the right to unite in unions, associations and other public associations. Public associations of employers are created and function as public voluntary organizations whose goal is to promote the development and increase in the efficiency of the economy and entrepreneurial initiative, as well as the implementation of social partnership by representing the interests of enterprises and management in government bodies, in relations with trade unions and other representative bodies of workers. their owners, protection of their rights in the sphere of economic and labor relations.

A representative body of workers is very important for large enterprises, which not only work to increase profits and economic growth of the company, but also take care of their subordinates. At the same time, the organization of such associations requires knowledge in the legislative field, because it is this body that must take part in the drafting of certain regulations of the enterprise.

Every enterprise is interested in the absence of regulatory authorities on its doorstep. Carrying out various types of inspections, ranging from fire safety to financial reporting, involves the possible identification of intentional and unintentional inconsistencies with legal standards. Internal documents, which are developed by the enterprise independently, in some matters are required to take into account the opinions of employees represented by representative bodies. Provided that such a body exists in the company.

The essence of the representative body

A representative body is often called a trade union, in essence it can be a representative of the workforce or an association of representatives, perhaps from different departments or divisions.

At the legislative level, the activities of trade union organizations, their rights and obligations are regulated by the Federal Law “On Trade Unions, Their Rights and Guarantees of Operations”.

Sometimes the representative body and the trade union are identified, but this is not an entirely correct understanding. Trade unions represent the interests of all workers in the enterprise as a whole, and a representative body is created in the absence of the first or when the trade union does not represent the interests of all workers. In the latter case, the existence of two organs is possible.

At the same time, various articles of the Labor Code spell out norms that take into account the views of the trade union or the representative body, or a choice of both. But these workers' bodies are not interchangeable, despite the fact that trade unions have more powers.

Employees of the enterprise independently decide whether to create such an association or not. If a work collective exercises the right to create a trade union, a certain procedure must be followed.

The first stage is important, which involves organizing a general meeting, at which all employees or most of them must appear, which will be enough for a quorum. For large enterprises, the presence of a representative of branches or divisions at such a meeting will be sufficient. It is important that the elected employees attend the meeting in an amount of at least 2/3 of the elected representatives.

At the meeting, a candidate is nominated who will be acceptable to the workforce and will be able to defend their interests before the company’s management. Next, a secret vote takes place for one of the candidates. After the votes are counted, the candidate with the standard 50% + 1 vote wins. The voting process and its result must be recorded, for which a secretary is pre-elected.

From the history of trade unions

In England, at the end of the 18th century, the first trade unions began to appear. Their goal was to improve the working conditions of workers. This association gained momentum and gradually appeared in the USA, France, Germany and other European countries.

Entrepreneurs were unhappy with this movement. Basically, the demands of the trade unions concerned wages, which inevitably affected the fixed costs of entrepreneurs and a decrease in profits. In order to reduce the pressure of trade unions on management, employees who joined and supported this movement were often fired.

They tried to suppress the trade union movement in the USA and at the state level. The year 1890 was remembered for the appearance of a legislative act that equated this movement to a criminal conspiracy. Years later, trade unions were legalized, although for a long time they were not perceived as legal in enterprises, especially during strikes and boycotts of workers.

In Russia, the emergence of the first trade union was recorded in 1905 after the revolution. Simple associations of workers changed their format of action and form of activity. In the same year, the first legislative acts regulating such movements for enterprises in specific sectors of economic activity appeared. With the advent of the First World War, trade union bans were created in Russia; at its end, all bans were lifted.

Competence of the representative body

The Labor Code provides for the adoption of certain decisions and the approval of local regulations only in tandem with representatives of the team.

Local labor acts mean internal documents that are developed specifically for the enterprise in accordance with labor legislation. This includes various types of job descriptions, internal regulations, remuneration system, certification documents, etc.

The opinion of the representative body of employees is taken into account according to the procedure prescribed by law. When administrative personnel draw up a new internal document that requires listening to the opinion of the delegate of the workers' bodies, it is enough to provide a draft version of this document and its rationale to the trade union.

Having received the draft proposed document, the employee delegate has 5 days to process it and offer his own comments on this document. All comments or positive opinions that arise must be stated in writing, motivating your arguments. When the opinions of the employer and the trade union on a proposed project differ, within 3 days it is possible to discuss the points that the parties are not happy with, come to a compromise, and then approve the document.

If agreement between the parties is not reached, this must be recorded. After this, the employer can accept the developed regulatory document at the enterprise. In this case, employee representatives have the right to appeal the adopted document in court or to the labor inspectorate.

Employees of the enterprise who are directly involved in the trade union have the right to be released from work while maintaining their average earnings while fulfilling trade union obligations. During this period, such an employee cannot be fired or transferred to another position.

Many large companies are often themselves interested in creating and supporting a trade union body. Such a workers' body creates a good reputation for the enterprise, since it automatically implies an attentive and loyal attitude towards staff. The trade union fulfills the need of personnel to communicate and protect their own rights before the administration of the company.