Ensuring the activities of the authorized person. IX. Ensuring the activities of elected trade union bodies and the rights of trade union workers Duties of the trade union organization for the Labor Code of the Russian Federation

31.10.2021

9.1. Joint Commitments:

9.1.1. The parties agreed in their activities to be strictly guided by the legislation of the Russian Federation regulating the activities of trade unions.

9.2. Obligations of employers:

9.2.1. Ensure unhindered visits by representatives of trade union bodies to industrial premises, buildings and structures, workplaces where trade union members work, taking into account regime requirements, as well as sanitary facilities

appointments for the implementation of the rights and statutory tasks granted to the Trade Union.

9.3. The obligations of the trade union:

9.3.1. The trade union and its primary organizations are authorized representatives of employees in organizations in respect of which the Federal Space Agency implements a unified state policy, when conducting collective negotiations, preparing and concluding Agreements and collective agreements, as well as settling collective and individual labor disputes arising in organizations .

9.3.2. Representatives of the Trade Union undertake not to disclose official and commercial secrets to which they are privy as a result of collective bargaining and visits to workplaces where members of the trade union work.

9.3.3. Take appropriate measures against employers who violate the legislation of the Russian Federation on trade unions .

9.4. Obligations of the Federal Space Agency:

9.4.1. Bring to the Trade Union orders, information letters and other materials on the state and prospects of the socio-economic development of organizations, on the social protection of workers and the protection of their labor. Provide information required by the Union for collective bargaining.

9.4.2. Hold meetings and consultations at which to inform the Trade Union about the current and future tasks of the Federal Space Agency.

9.4.3. Notify the Trade Union about the conclusion and termination of employment contracts with employers.

9.4.4. Inform organizations and the Trade Union about upcoming changes in the organizational and legal forms of organizations in respect of which the Federal Space Agency is pursuing a unified state policy.

9.4.5. In the manner prescribed by the legislation of the Russian Federation, to promote the activities of the primary trade union organizations of the Trade Union, as well as their elected bodies.

9.5. When concluding collective agreements in organizations, the parties agreed to ensure the inclusion of the following items:

9.5.1. The employer provides a set of measures necessary for the implementation of the activities of the primary trade union organization established by the legislation of the Russian Federation, including the conduct of public (trade union) control of working conditions at the workplaces of trade union members.

9.5.2. The employer is obliged to provide the bodies of the Trade Union operating in the organization free of charge with the premises, equipment, office equipment necessary for their activities,

vehicles, means of communication and other property in the manner prescribed by the labor legislation of the Russian Federation and the collective agreement.

9.5.3. If there are written applications from employees, the employer monthly and free of charge collects trade union membership fees and (or) solidarity contributions from employees who are not members of the trade union from their wages, and transfers them to the account of the Trade Union in full simultaneously with the payment of wages.

Employees' applications for the transfer of funds to the current account of the trade union organization remain valid in the event of organizational and technical transformations in the organization, as well as in case of a change in the form of ownership of the organization or employer.

The employer has no right to delay the transfer of these funds.

9.5.4. The employer deducts to the primary trade union organizations for carrying out mass cultural, physical culture and sports and other work, funds in the amount of up to 0.5% of the wage fund from the profit remaining at the disposal of the organization.

9.5.5. Establish a procedure for the release of elected trade union workers from their main work in order to fulfill their public duties in the interests of the collective of workers, as well as for the period of short-term trade union studies, participation in the work of elected trade union bodies (conferences) while maintaining the average monthly salary.

9.5.6. The employer provides financial support to primary trade union organizations in training trade union activists in the system of trade union education (taking into account the economic opportunities available for this).

9.5.7. To extend to elected and full-time workers of primary trade union organizations the social benefits established for employees of the organization.

9.5.8. To reward elected and full-time employees of the trade union committee in accordance with the current regulations for employees of the organization.

To extend to elected and full-time employees of the trade union committee bonuses based on the results of the organization's work for the year, a one-time remuneration for one-time work performed and other types of remuneration.

9.5.9. Elected released trade union workers who have access to classified information, to pay additional payments for secrecy in the prescribed manner at the expense of the organization.

9.5.10. To provide trade union workers released from work in the organization as a result of being elected to elected positions in trade union bodies, after the expiration of their term of office, work (position) with earnings not less than that which was at the time of leaving for an elected position.

Labor Code of the Russian Federation Article 377

The employer is obliged to provide the elected bodies of the primary trade union organizations that unite his employees with a room for meetings, storage of documentation, and also provide the opportunity to post information in a place (places) accessible to all employees.

(see text in previous edition)

An employer with more than 100 employees shall, free of charge, provide the elective bodies of primary trade union organizations with at least one equipped, heated, electrified premises, as well as office equipment, communications equipment and the necessary regulatory legal documents for use. Other improving conditions for ensuring the activities of these trade union bodies may be provided for by the collective agreement.

(see text in previous edition)

The employer may provide, in accordance with the collective agreement, for free use to the elected body of the primary trade union organization buildings, structures, premises and other objects owned by the employer or leased by him, as well as recreation centers, sports and health centers necessary for organizing recreation, conducting cultural and mass events, physical culture and health-improving work with employees and members of their families. At the same time, trade unions do not have the right to establish a fee for the use of these facilities for workers who are not members of these trade unions, higher than that established for workers who are members of this trade union.

(see text in previous edition)

In the cases stipulated by the collective agreement, the employer deducts funds from the primary trade union organization for cultural and mass and sports and recreational work.

If there are written applications from employees who are members of a trade union, the employer monthly transfers trade union membership dues from the employees' wages to the account of the trade union organization free of charge. The order of their transfer is determined by the collective agreement. The employer has no right to delay the transfer of these funds.

Employers who have concluded collective agreements or are subject to sectoral (intersectoral) agreements, at the written request of workers who are not members of the trade union, monthly transfer funds from the wages of these workers to the accounts of the trade union organization on the terms and in the manner established by collective agreements, sectoral (intersectoral) agreements.

Labor Code of the Russian Federation (Labor Code of the Russian Federation) of December 30, 2001 N 197-FZ

Chapter 58. PROTECTION OF LABOR RIGHTS AND LEGAL INTERESTS

WORKERS BY TRADE UNIONS

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 370

Trade unions have the right to exercise control over compliance by employers and their representatives with labor legislation and other normative legal acts containing labor law norms, their compliance with the terms of collective agreements and agreements.

Employers are obliged, within a week from the date of receipt of the requirement to eliminate the identified violations, to inform the relevant trade union body about the results of consideration of this requirement and the measures taken.

To exercise control over compliance with labor legislation and other normative legal acts containing labor law norms, fulfillment of the terms of collective agreements, agreements, all-Russian trade unions and their associations can create legal and technical labor inspectorates of trade unions, which are vested with the powers provided for by the provisions approved by the all-Russian trade unions and their associations.

An interregional as well as a territorial association (association) of organizations of trade unions operating on the territory of a constituent entity of the Russian Federation may create legal and technical labor inspectorates of trade unions, which act on the basis of the regulations adopted by them in accordance with the model regulation of the corresponding all-Russian association of trade unions.

Trade-union labor inspectors, in accordance with the established procedure, have the right to freely visit any employers (organizations, regardless of their organizational and legal forms and forms of ownership, as well as employers - individuals), who employ members of this trade union or trade unions that are members of the association, to carry out inspections of compliance with labor legislation and other regulatory legal acts containing labor law norms, legislation on trade unions, compliance with the terms of collective agreements, agreements.

Trade union labor inspectors, authorized (trusted) persons for labor protection of trade unions have the right:

exercise control over compliance by employers with labor legislation and other regulatory legal acts containing labor law norms;
conduct an independent examination of working conditions and ensuring the safety of employees;
take part in the investigation of accidents at work and occupational diseases;
receive information from managers and other officials of organizations, employers - individual entrepreneurs on the state of conditions and labor protection, as well as on all accidents at work and occupational diseases;
protect the rights and legitimate interests of members of the trade union on the issues of compensation for harm caused to their health at work (work);
present employers with demands to suspend work in cases of a direct threat to the life and health of employees;
send employers submissions on the elimination of identified violations of labor legislation and other regulatory legal acts containing labor law norms that are mandatory for consideration;
to check the state of conditions and labor protection, the fulfillment of the obligations of employers, provided for by collective agreements and agreements;
take part in the work of commissions for testing and commissioning of means of production as independent experts;
take part in the consideration of labor disputes related to violation of labor legislation and other regulatory legal acts containing labor law norms, obligations stipulated by collective agreements and agreements, as well as changes in working conditions;
take part in the development of draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the subjects of the Russian Federation, regulatory legal acts of local governments containing labor law norms;
take part in the development of drafts of by-laws and regulations that establish state regulatory requirements for labor protection, as well as coordinate them in the manner established by the Government of the Russian Federation;
apply to the relevant authorities with a demand to bring to justice those guilty of violating labor legislation and other acts containing labor law norms, concealing the facts of accidents at work.

Trade unions, their labor inspectorates, in the exercise of these powers, interact with the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies, other federal executive bodies, exercising the functions of control and supervision in the established field of activity.

Authorized (trusted) persons for labor protection of trade unions have the right to freely check compliance with labor protection requirements and make proposals, mandatory for consideration by officials of organizations, employers - individual entrepreneurs, to eliminate the identified violations of labor protection requirements.

Article 371. Making decisions by the employer, taking into account the opinion of the trade union body

The employer makes decisions taking into account the opinion of the relevant trade union body in the cases provided for by this Code.

Article 372

The employer, in cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, before making a decision, sends a draft local regulatory act and justification for it to the elected body of the primary trade union organization, representing the interests of all or the majority of employees.

The elected body of the primary trade union organization, no later than five working days from the date of receipt of the draft of the specified local regulatory act, sends the employer a reasoned opinion on the draft in writing.

If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local normative act or contains proposals for its improvement, the employer may agree with it or is obliged to conduct additional consultations with the elected body of the primary trade union organization within three days after receiving the reasoned opinion. employees in order to reach a mutually acceptable solution.

If agreement is not reached, the disagreements that have arisen are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the appropriate state labor inspectorate or to the court. The elected body of the primary trade union organization also has the right to initiate the procedure of a collective labor dispute in the manner prescribed by this Code.

Upon receipt of a complaint (application) from the elected body of the primary trade union organization, the State Labor Inspectorate is obliged to conduct an inspection within one month from the date of receipt of the complaint (application) and, if a violation is found, issue to the employer an order to cancel the specified local normative act, which is mandatory for execution.

Article 373

When deciding on the possible termination of an employment contract in accordance with paragraphs 2, 3 or 5 of part one of Article 81 of this Code with an employee who is a member of a trade union, the employer sends to the elected body of the relevant primary trade union organization a draft order, as well as copies of documents that are the basis to make that decision.

The elected body of the primary trade union organization, within seven working days from the date of receipt of the draft order and copies of documents, considers this issue and sends its reasoned opinion to the employer in writing. An opinion not submitted within seven days is not taken into account by the employer.

If the elected body of the primary trade union organization expressed disagreement with the alleged decision of the employer, it shall, within three working days, hold additional consultations with the employer or his representative, the results of which are drawn up in a protocol. If there is no general agreement on the results of consultations, the employer, after ten working days from the date of sending the draft order and copies of documents to the elected body of the primary trade union organization, has the right to make a final decision, which can be appealed to the relevant state labor inspectorate. The State Labor Inspectorate, within ten days from the date of receipt of the complaint (application), considers the issue of dismissal and, if it is recognized as illegal, issues to the employer a binding order to reinstate the employee at work with payment for forced absenteeism.

Compliance with the above procedure does not deprive the employee or the elected body of the primary trade union organization representing his interests of the right to appeal the dismissal directly to the court, and the employer - to appeal to the court the order of the state labor inspectorate.

The employer has the right to terminate the employment contract no later than one month from the date of receipt of a reasoned opinion of the elected body of the primary trade union organization. In the specified period, periods of temporary disability of the employee, his stay on vacation and other periods of absence of the employee when he retains his place of work (position) are not counted.

Article 374

Part one of Article 374 is subject to application in accordance with the constitutional and legal meaning identified in the ruling of the Constitutional Court of the Russian Federation of December 4, 2003 N 421-O.

Dismissal at the initiative of the employer in accordance with paragraphs 2, 3 or 5 of the first part of Article 81 of this Code of the heads (their deputies) of the elected collegial bodies of primary trade union organizations, elected collegial bodies of trade union organizations of structural divisions of organizations (not lower than shop and equated to them), not exempted from their main work, is allowed, in addition to the general procedure for dismissal, only with the prior consent of the relevant higher elected trade union body.

Note: since December 2009, the article has been declared unconstitutional, therefore - not active

In the absence of a higher elected trade union body, the dismissal of these employees is carried out in compliance with the procedure established by Article 373 of this Code.

Members of elected collegial bodies of trade union organizations who are not released from their main work are released from it to participate as delegates in the work of congresses and conferences convened by trade unions, to participate in the work of elected collegial bodies of trade unions, and in cases where this is provided for by a collective agreement, - also for the period of short-term trade union training. The conditions for release from work and the procedure for paying for the time of participation in these events are determined by the collective agreement, agreement.

Article 375. Guarantees for released trade union workers

An employee released from work in an organization or with an individual entrepreneur in connection with his election to an elective position in the elective body of the primary trade union organization (hereinafter also referred to as the released trade union worker), after the expiration of his term of office, is given the previous job (position), and in its absence with the written consent of the employee, another equivalent job (position) with the same employer. If it is impossible to provide the specified job (position) in connection with the liquidation of the organization or the termination of activity by an individual entrepreneur or the absence of an individual entrepreneur in the corresponding job (position), the all-Russian (interregional) trade union retains for this employee his average earnings for the period of employment, but not over six months, and in the case of study or retraining - for up to one year. If the employee refuses the proposed relevant job (position), the average salary for him for the period of employment is not retained, unless otherwise established by the decision of the all-Russian (interregional) trade union.

The time of work of a released trade union worker in an elective position in the elective body of the primary trade union organization is counted in his general and special seniority.

Released trade union workers have the same labor rights, guarantees and benefits as employees of an organization, an individual entrepreneur in accordance with a collective agreement.

Article 376

Termination of an employment contract at the initiative of the employer on the grounds provided for in paragraphs 2, 3 or 5 of the first part of Article 81 of this Code with the head of the elected body of the primary trade union organization and his deputies within two years after the end of their term of office is allowed only in compliance with the procedure established by Article 374 of this Code.

Article 377

In the cases stipulated by the collective agreement, the employer deducts funds from the primary trade union organization for cultural and mass and sports and recreational work.

The wages of the head of the elected body of the primary trade union organization may be paid at the expense of the employer in the amount established by the collective agreement.

Article 378. Responsibility for violation of the rights of trade unions

Persons violating the rights and guarantees of the activity of trade unions shall bear responsibility in accordance with this Code and other federal laws.

Article 377

In the cases stipulated by the collective agreement, the employer deducts funds from the primary trade union organization for cultural and mass and sports and recreational work.

The wages of the head of the elected body of the primary trade union organization may be paid at the expense of the employer in the amount established by the collective agreement.

Trade Union

(Appendix to the resolution of the Executive Committee of the FNPR dated October 18, 2006 No. 4-3)

General provisions

1.1. The model regulation on an authorized (trusted) person for labor protection of a trade union (hereinafter referred to as the Regulation) was developed in accordance with Article 370 of the Labor Code of the Russian Federation and defines the main activities, rights and obligations of an authorized (trusted) person for labor protection of a trade union (hereinafter referred to as authorized) to exercise trade union control over compliance with labor protection requirements at enterprises, institutions and organizations (hereinafter referred to as the organization) in which trade union members work.
1.2. The Commissioner in his activities is guided by the requirements of labor protection, these Regulations, resolutions (decisions) of the primary trade union organization and its elected bodies, the collective agreement and (or) agreement, local regulations on labor protection.
1.3. The elected body of the primary trade union organization ensures the election of representatives in each of its structural subdivisions and in the organization as a whole. The number of representatives, the procedure for their election and the term of office are established by a collective agreement, a local normative act, depending on the specific conditions of production and the need to ensure trade union control over the observance of safe working conditions at workplaces.
1.4. If there are several trade unions in the organization, each of them is given the right to nominate candidates for the election of a representative.
1.5. An employee (official) whose functional duties include ensuring safe conditions and labor protection in an organization or its structural subdivision cannot be elected as an authorized representative.
1.6. authorized persons are elected by open vote at the general trade union meeting (conference) of the employees of the organization for the term of office of the elected body of the primary trade union organization.
1.7. The nomination of authorized persons to the composition of the committee (commission) on labor protection as representatives of the employees of the organization may be carried out on the basis of the decision of the elected body (s) of the primary (s) trade union (s) organization (s), if it (they) unites (s) ) more than half of the employees, or meetings (conferences) of employees of the organization.
1.8. The authorized persons carry out their activities in cooperation with the heads and other officials of the organization (structural unit), the labor protection service and other services of the organization, the committee (commission) on labor protection, the technical labor inspectorate of trade unions, the territorial bodies of federal executive bodies authorized to conduct supervision and control.
1.9. The activities of the commissioners are managed by the elected body of the primary trade union organization.
1.10. Commissioners for labor protection periodically report on their work at a general trade union meeting or at a meeting of the elected body of the primary trade union organization. The commissioners submit a report on their work (twice a year) to the elected body of the primary trade union organization (Appendix No. 1).
1.11. By decision of the trade union meeting or the elected body of the primary trade union organization, the authorized person may be recalled before the expiration of his powers if he does not perform the functions assigned to him to protect the rights and interests of workers for safe working conditions.
1.12. The elected body of the primary trade union organization and the employer (official), as well as the technical labor inspectorate of the trade union, provide the necessary assistance and support to authorized persons in the performance of their duties.
1.13. On the basis of this Regulation, all-Russian (interregional) trade unions may develop their own regulations, taking into account the specifics and characteristics of the types of economic activity.

2. Tasks of the Commissioner

The tasks of the Commissioner are:

2.1. Facilitate the creation in the organization (structural unit) of healthy and safe working conditions that meet the requirements of instructions, norms and rules for labor protection.
2.2. Implementation in the organization (structural subdivision) of control in the form of examination and (or) monitoring of the state of conditions and labor protection at workplaces.
2.3. Preparation of proposals to the employer (official) to improve the conditions and labor protection in the workplace based on the analysis.
2.4. Representing the interests of employees in the consideration of labor disputes on issues related to the obligations of the employer to ensure safe conditions and labor protection and the rights of the employee to work, in conditions that meet the requirements of labor protection.
2.5. Informing and advising employees of structural units on their rights and guarantees for safe and healthy work.

Functions of the authorized

To solve the tasks assigned to the authorized person, on him the following functions are assigned:
3.1. Conducting surveys or observations of the state of working conditions in the workplace and preparing proposals for officials to eliminate the identified violations.
3.2. Informing the employees of the structural unit about the need to follow the instructions on labor protection, the correct use of personal and collective protective equipment, their maintenance in good condition, the use and use of serviceable and safe equipment and means of production.
3.3. Control in the structural unit over the progress of the implementation of labor protection measures provided for by the collective agreement or agreement, and bringing to the attention of officials about existing shortcomings in the implementation of these measures within the time specified by the agreement.
3.4. Informing the employees of the structural unit about the measures taken to improve working conditions at workplaces, about classifying working conditions at workplaces in terms of harmfulness and danger to a certain class (optimal, permissible, harmful and dangerous) based on certification of workplaces for working conditions.
3.5. Assistance to officials in the obligatory passage by employees of the structural unit of periodic medical examinations (surveys) within the time limits established by the employer.
3.6. Control over the timely provision of employees of the structural unit with personal and collective protective equipment, milk or other equivalent products, therapeutic and preventive nutrition at work with harmful and (or) dangerous working conditions.
3.7. Carrying out inspections and inspections of machines, mechanisms, vehicles and other production equipment located in a structural unit in order to determine their compliance with state regulatory requirements for labor protection, as well as the efficiency of ventilation systems and systems that provide lighting for workplaces, and the safe application of technological processes, tools, raw materials and supplies.
3.8. Informing the employer (official) about any situation that threatens the life and health of employees, about each accident that happened to an employee of a structural unit, about the deterioration of their health.
3.9. Participation in organizing first aid, and if necessary, providing first aid to the victim as a result of an accident that occurred in a structural unit.
3.10. Preparation of proposals to the employer, the elected body of the primary trade union organization to improve instructions on labor protection, draft local regulations on labor protection.
3.11. Participation in the investigation of accidents and accidents that occurred in the structural unit, as well as ensuring control over measures to prevent them.
3.12. In the organization, a senior commissioner for labor protection is elected from the members of the elected body of the primary trade union organization, who, as a rule, is the deputy head of the elected body of the primary trade union organization.
The senior commissioner for labor protection is entrusted with:
- organization of work and coordination of the activities of those authorized to monitor compliance in the structural divisions of the organization with the fulfillment of labor protection requirements, norms and rules for labor protection, local regulations;
- submission to the elected body of the primary trade union organization and the heads of structural divisions of proposals for improving and improving the work of labor protection commissioners;
- participation in the work of the committee (commission) on labor protection;
- control over the implementation by officials of proposals on issues of ensuring safe conditions and labor protection, made by authorized persons;
- making proposals for candidates authorized to participate in the work of commissions for the investigation of accidents at work;
- analysis of the state of conditions and labor protection in the organization, making proposals to the elected body of the primary trade union organization to reduce industrial injuries and occupational morbidity, improve working conditions and improve the health of workers.

Rights of the Commissioner

To perform its assigned functions authorized person has the right:
4.1. Exercise control in the organization (structural unit) over compliance with the requirements of instructions, rules and regulations on labor protection, local regulations.
4.2. Carry out inspections or surveys of the state of conditions and labor protection at workplaces, the implementation of measures provided for by collective agreements, agreements, as well as the results of an investigation of accidents.
4.3. Participate in the investigation of accidents at work and occupational diseases.
4.4. Receive information from the employer and other officials of organizations about the state of working conditions and labor protection, as well as about measures to protect against exposure to harmful and (or) hazardous production factors.
4.5. Participate in the work of commissions for testing and commissioning of production facilities and means of production.
4.6. Submit proposals, obligatory for consideration by officials of organizations, to eliminate violations of labor protection requirements (Appendix No. 2).
4.7. Protect the rights and legitimate interests of members of the trade union on the issues of compensation for harm caused to their health at work (work).
4.8. Send proposals to officials on the suspension of work in cases of a direct threat to the life and health of workers,
4.9. Take part in the consideration of labor disputes related to violation of labor protection requirements, obligations stipulated by collective agreements and agreements, changes in working conditions.
4.10. Submit proposals to the employer, official and the elected body of the primary trade union organization on draft local regulatory legal acts on labor protection.
4.11. Apply to the relevant authorities with proposals to bring to justice officials guilty of violating labor protection requirements, concealing the facts of accidents at work.

Ensuring the activities of the authorized

5.1. Ensuring the conditions for the activity of the authorized person (release from the main work for the period of fulfillment of the duties assigned to him, passing training, providing the necessary reference literature, providing premises for storing and working with documents, etc.) is established by a collective agreement, a local regulatory act of the organization.
5.2. The authorized person is issued a certificate of the established form (Appendix No. 3).
5.3. The authorized persons are trained at the expense of the Social Insurance Fund of the Russian Federation (insurer) in accordance with the procedure established by the federal executive body exercising the functions of legal regulation in the field of labor, in the direction of the employer in educational centers for labor protection, and also undergo training at the expense of the employer under industry programs.
5.4. In accordance with the collective agreement, the local normative act of the organization, the authorized person may be provided with social guarantees provided for in Articles 25, 26 and 27 of the Federal Law "On trade unions, their rights and guarantees of activity."
5.5. For active and conscientious work to prevent accidents and occupational diseases in the organization, improve working conditions at workplaces, the authorized person can be financially and morally encouraged.
5.6. The employer and officials are liable for violation of the rights of the authorized person or obstruction of his lawful activities in the manner prescribed by law.