Social partnership in labour sphere : lecture 2

professor S.A. Sobolev
Izhevsk
2011

Opinions, given in present
work, do not reflect common

accepted
point of view in law science and
labour law.
Present publication is developed in
accordance with educational program
course «Labour law in Russia».
Legislation about law and court
practice is given for December 20, 2011

and CA).
Development order, conclusions and alterations of CC and CA.
Period

and sphere of validity CC and CA.
Order of advice registration CC, CA.
Abidance control CC, CA.
Responsibility for legislation abuse about
social partnership (SP).

Lecture 2. Issues:

and structure of CC
(art. 41 LC RF)
3. Order

of development CC and
period of validity (art. 42, 43 LC RF)

Collective contract – legal act, regulates
social-labour relations in organization
or individual entrepreneur and
is formed by employees and employer in the person
of its representatives (art. 40 LC RF).

and structure of CA
(art. 46 LC RF)
3. Order

of development CC and
Validity period (art 47, 48 LC RF)

Agreement – legal act, regulates social-labour relations
and forms general principles of regulation connected
with economical relations, formed between
Plenipotentiaries of employees and employers at
federal, inter-regional, regional, branch (inter-branch),
and territorial levels (art. 45 LC RF).

Content of CC is agreed provisions by parties
(covenants), appealed to

regulate
…relations (O.V. Smirnov, I.O. Snigireva)

improvement of terms
and labour protection,
other issues

working hours and
rest period

forms, systems of
labour remuneration

employment,
re-education,
conditions of
release

obligation
informational
normative
elaborates
general norms LL;
fills norms of LL;
provides

in norms
LL.

provisions are used
from existing
legislation

mutual parties’
responsibilities

alteration, control for discharge of CC.

Organizational

LC
with employer
In reorganization
in form of
reorganization
In change of

form of ownership
3 months from the passing
of property

During the whole period of
reorganization (merger,
joining, division,
allotment

During the whole term of
liquidation

sets general principles of
Regulation in social–labour and connected with them

economic relations at federal level

Inter-regional – …two and more subjects of Russia

Regional - …at subject level of Russia

other agreements

Branch (inter-branch) – sets general
labour remuneration, guarantees, compensations and benefits
to employees of branch (branches)

Territorial - …municipal education

between general Russian
trade unions,
General Russian employers unions and

Government of the Russian Federation for 2008 - 2010"

“Branch agreement of organizations rocket-cosmic
industry of the Russian Federation for 2011 - 2013"
(adopted by Trade union of employees of general mechanical
engineering, Ruscosmos 20.09.2010)

“Udmurt republican trilateral agreement between
Government of Udmurt Republic, republican
Employers Unions and Trade unions Federation of
Udmurt Republic for 2010 - 2012"
(concluded 26.11.2009)

RF)
Disciplinary,
material
administrative
criminal
Civil-law
Types of responsibility:
Employer or representative
person takes
the responsibility:

For deviation from participation in
negotiations – art. 5.28 KoAP RF
from 1 to 3 thousands roubles;
For not providing information
– art. 5.29 KoAP RF
from 1 to 3 thousands roubles;
For unfounded refuse from
collective agreement,
agreements –
Art. 5.30 KoAP RF
From 3 to 5 thousands robles

1997.
2. Labour law: tutorial / In edition by O.V. Smirnov,

I.O.
Snigireva, 2007.
3. Labour law: tutorial / In edition by S.P. Mavrin, E.B.
Khohlov, 2007.
4. Nurtdinova A.F. Collective-agreement regulation of labour
relations in modern Russia. M., 1998