Ensuring the conditions for the activities of the elected bodies of workers. Ensuring the activities of the authorized
The full text of Art. 377 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 377 of the Labor Code of the Russian Federation.
The employer is obliged to provide the elected bodies of the primary trade union organizations uniting his employees free of charge with a room for holding meetings, storing documents, and also provide the opportunity to post information in a place (places) accessible to all employees.
An employer, whose number of employees exceeds 100 people, provides free of charge for use by the elected bodies of primary trade union organizations at least one equipped, heated, electrified premises, as well as office equipment, communications and the necessary regulatory legal documents... Other improving conditions for ensuring the activities of these trade union bodies may be provided for by a collective agreement.
The employer can provide, in accordance with the collective agreement, for free use to the elected body of the primary trade union organization the buildings, structures, premises and other objects owned by the employer or rented by him, as well as recreation centers, sports and health centers necessary for organizing recreation, conducting cultural activities, physical culture and health-improving work with employees and their families. At the same time, trade unions do not have the right to set a fee for the use of these facilities for workers who are not members of these trade unions, higher than the established one for workers who are members of this trade union.
In cases stipulated by the collective agreement, the employer deducts cash the primary trade union organization for cultural and physical culture and health-improving work.
In the presence of written applications of employees who are members of the trade union, the employer transfers monthly free of charge to the account of the trade union organization trade union membership dues from wages workers. 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 entered into collective agreements or who are subject to sectoral (intersectoral) agreements, upon a written application from employees who are not members of the trade union, monthly transfer to the accounts of the trade union organization funds from the wages of these employees on the terms and in the manner established by collective agreements, sectoral (intersectoral) agreements.
The remuneration of the head of the elected body of the primary trade union organization can be made at the expense of the employer in the amount established by the collective agreement.
Commentary on Article 377 of the Labor Code of the Russian Federation
1. A trade union is an association of employees aimed at ensuring the rights and legitimate interests of employees, including in cooperation with the employer. In this regard, the provisions of the commented article make it the employer's obligation to provide comprehensive support for the activities of such an organization.
In particular, the employer is obliged to provide the primary trade union organization with premises for its meetings. Such premises should be within reach, including for attracting non-released workers. It must match general requirements in terms of illumination, ventilation and area that are installed for office premises. The norms for the area of the premises are determined in relation to the number of permanent employees of such an organization, based on the approved federal standards for the provision of office space.
Such a room must be functional, i.e. to ensure the achievement of the goals and objectives for which this organization was created, in particular, to provide not only the possibility of holding meetings, but also the storage of documentation, as well as the implementation of other functions of the organization.
2. The basic requirements for such a room are established within the framework of the prescriptions of Part 2 of the article being commented on. The premises provided by the employer are considered suitable for the activities of the primary trade union organization if it has appropriate communications, in particular:
- heated, i.e. allows you to comply temperature regime and carry out activities at any time of the year, including during the heating season;
- electrified, i.e. having electrical network ensuring the maintenance of the general level of illumination of the room at night, for example, when carrying out activities in the evening, as well as the ability to work with electronic equipment;
- equipped, i.e. having all the necessary technical devices for the implementation of the activities of the primary trade union organization. To carry out the activities of such an organization, it is necessary to provide telephone and facsimile communications, computer, copying and duplicating equipment, etc. Securing the employer's obligation to provide the organization with equipped premises, the Labor Code of the Russian Federation simultaneously determines the list of necessary technical devices that must be transferred to the trade union. In this regard, the concept of an equipped room can be considered only in relation to the presence of office furniture in it, which can be used for its direct intended purpose.
On a mandatory basis, the primary trade union organization must be provided with a list of necessary regulations, the composition of which is determined directly by the trade union organization. The employer is responsible for the transfer of the necessary materials and equipment for the implementation of the activities of the primary trade union organization. Such funds can be transferred from the assets of the employer or acquired by him at the expense of own funds without subsequent reimbursement by the union.
Of fundamental importance is the definition of standards for the provision of premises. The law defines the minimum standards: one room is provided for 100 members of the organization. At the same time, outside the scope legal regulation the definition of the area of such a room remains: a room with an area of 50 square meters or 150 square meters can be presented for 100 people. The normal operation of such an organization presupposes compliance with the established standards, which are currently equated to 12 sq. M. per person when working with a computer. At the same time, employers often do not have the necessary space. Currently, a significant number of employers rent premises, and therefore the allocation of separate premises for a trade union organization is difficult and costly for them.
3. Part 3 of the commented article provides for the provision of facilities to the trade union organization, the use of which is aimed at ensuring the recreation and development of the employees of the given employer and their families.
By general rule the premises provided to the primary trade union organization must be the property of the employer. However, nowadays there are fewer and fewer employers who can meet the established requirements. In this regard, the law provides for the possibility of transferring rented premises to them, rear, as well as individual objects, the use of which is directly related to the activities of the organization.
An approximate list of such objects is determined by Part 3 of the commented article. The law refers to them: buildings; structures; premises and other objects; recreation centers, sports and health centers necessary for organizing recreation, conducting mass cultural, physical culture and health-improving work with employees and members of their families. The transfer of these objects is due to one goal - to ensure the recreation and development of the employees of this employer and their family members.
At present, this provision has largely lost its significance, since most of these objects have been transferred to state or municipal ownership, since their maintenance is high-cost, and the level of production development does not correspond to the level necessary costs according to their content. At present, these provisions are fully implemented only by such large employers as, for example, OAO Gazprom, etc.
These facilities are provided for use for their intended purpose by all employees of a given employer, regardless of whether they are members of a trade union or not.
The law explicitly prohibits the collection of fees for the use of these facilities by workers who are not members of the primary trade union organization.
4. Part 4 of the commented article provides for the obligation of the employer to make the allocation of funds to the primary trade union organization for cultural and physical culture and health-improving work. The procedure and amount of such deductions should be determined by collective agreements. At the same time, employers often do not take into account that unjustified savings of such funds significantly reduces the demand for measures.
Such a deduction of funds must be justified, i.e. carried out in relation to such activities that are demanded by employees, subject to the quality of the provision of the relevant services.
5. The employer is obliged, in the presence of a written application of the employee, to systematically deduct trade union dues from the wages of employees. The systematic nature of such payments is determined in relation to the frequency of payment of wages. The procedure for transferring these contributions is determined by the collective agreement.
Many employers neglect to comply with the requirement to have a written application, withholding contributions even in the absence of such a statement from the employee. It should be noted that these actions violate the rights of employees and may entail the application of a number of sanctions against the employer when the employee applies to authorized body for the protection of their rights and legitimate interests.
Trade union dues are prohibited from violating the deadlines for their transfer.
In accordance with part 5 of the commented article, the employer can make deductions not only in relation to members of the trade union, but also to employees who are not members of such an organization. The procedure for making deductions from the wages of such workers is general, i.e. provides for the need for the employee to express his will to withhold funds from his wages.
6. A special guarantee is provided for by the commented article in relation to the activities of the head of the primary trade union organization. Payment for his work in managing the activities of the organization can be carried out at the expense of the employer, i.e. in this case, the law provides for the right, but not the obligation of the employer to provide the said guarantee to the employee.
In this case, the role of the trade union organization plays a decisive role in shaping the terms and conditions of the collective agreement. Referring the solution of this issue to the competence of the collective agreement, the law thereby indicates the possibility of its settlement by agreement of the parties: the trade union organization and the employer.
Consultations and comments of lawyers under Article 377 of the Labor Code of the Russian Federation
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9.1. Joint commitments:
9.1.1. The parties agreed to strictly follow the legislation in their activities. 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 industrial premises, buildings and structures, workplaces where members of the trade union work, taking into account the regime requirements, as well as sanitary facilities
appointments for the implementation of the rights and statutory tasks granted to the Trade Union.
9.3. Trade Union Obligations:
9.3.1. The trade union and its primary organizations are authorized representatives of workers in organizations in respect of which the Federal space agency carries out a unified public policy, when conducting collective bargaining, 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 the official and trade secrets to which they are dedicated through collective bargaining and visiting workplaces where union members work.
9.3.3. Take measures in accordance with the established procedure against employers who violate the legislation of the Russian Federation on trade unions .
9.4. Obligations of the Federal Space Agency:
9.4.1. To bring to the Trade Union orders, information letters and other materials about the state and prospects of the socio-economic development of organizations, about the social protection of workers and the protection of their labor. Provide the information the union needs for collective bargaining.
9.4.2. Conduct meetings and consultations at which to inform the Trade Union about current and promising challenges Federal Space Agency.
9.4.3. Inform the Trade Union about the conclusion and termination labor contracts with employers.
9.4.4. Inform organizations and the Trade Union about the upcoming changes in the organizational and legal forms of organizations in relation to which the Federal Space Agency implements 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 that the following items are included:
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 free of charge to the Trade Union bodies operating in the organization for free use the premises, equipment, office equipment necessary for their activities,
vehicles, communication equipment and other property in accordance with the procedure established by the labor legislation of the Russian Federation and the collective agreement.
9.5.3. In the presence of written applications from employees, the employer collects from their wages monthly and free of charge trade union membership dues and (or) solidarity contributions of workers who are not members of the trade union, 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 settlement account of a trade union organization remain valid during organizational and technical transformations in the organization, as well as when the form of ownership of the organization or the employer changes.
The employer does not have the right to delay the transfer of these funds.
9.5.4. The employer deducts monetary funds in the amount of up to 0.5% of the wages fund from the profits remaining at the disposal of the organization for carrying out mass cultural, physical culture, sports and other work to the primary trade union organizations.
9.5.5. Establish a procedure for dismissing elected trade union workers from their main job 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) with the preservation of average monthly earnings.
9.5.6. The employer provides material support to primary trade union organizations in training trade union activists in the trade union education system (taking into account the economic opportunities available for this).
9.5.7. To extend to the elective and full-time employees of primary trade union organizations the social benefits established for the employees of the organization.
9.5.8. To reward the elected and regular employees of the trade union committee in accordance with current regulations for employees of the organization.
To extend bonuses based on the results of the organization's work for the year, one-time remuneration for one-time work performed and other types of remuneration to the elected and full-time employees of the trade union committee.
9.5.9. Elected freed trade union workers, who have access to classified information, must pay additional payments for secrecy in accordance with the established procedure at the expense of the organization.
9.5.10. Provide trade union workers dismissed from work in the organization as a result of being elected to elective positions in trade union bodies, after the end of their term of office, work (position) with earnings no less than that which was at the time of leaving for the elective position.
The employer is obliged to provide the elected bodies of the primary trade union organizations uniting his employees free of charge with a room for holding meetings, storing documents, and also provide the opportunity to post information in a place (places) accessible to all employees. An employer with more than 100 employees provides free of charge for use by the elected bodies of primary trade union organizations at least one equipped, heated, electrified premises, as well as office equipment, communications and the necessary regulatory legal documents. Other improving conditions for ensuring the activities of these trade union bodies may be provided for by a collective agreement. The employer can provide, in accordance with the collective agreement, for free use to the elected body of the primary trade union organization the buildings, structures, premises and other objects owned by the employer or rented by him, as well as recreation centers, sports and health centers necessary for organizing recreation, conducting cultural activities, physical culture and health-improving work with employees and their families. At the same time, trade unions do not have the right to set a fee for the use of these facilities for workers who are not members of these trade unions, higher than the established one for workers who are members of this trade union. In cases stipulated by the collective agreement, the employer allocates funds to the primary trade union organization for cultural and physical culture and health-improving work. In the presence of written applications of employees who are members of a trade union, the employer monthly transfers to the account of the trade union organization the trade union dues from the wages of employees 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 entered into collective agreements or who are subject to sectoral (intersectoral) agreements, upon a written application from employees who are not members of the trade union, monthly transfer to the accounts of the trade union organization funds from the wages of these employees on the terms and in the manner established by collective agreements, sectoral (intersectoral) agreements. The remuneration of the head of the elected body of the primary trade union organization can be made at the expense of the employer in the amount established by the collective agreement.
Legal advice under Art. 377 of the Labor Code of the Russian Federation
- Lawyer's answer:
The primary trade union organization must be registered as a legal entity. persons (Article 8 of the Federal Law of 12.01.1996 N 10-ФЗ "On trade unions, their rights and guarantees of activity"). The legal capacity of the primary trade union organization as a legal entity arises from the moment they state registration(notification nature). Then he has the right to premises in accordance with Article 377 Labor Code RF. Article 377. Obligations of the employer to create conditions for the implementation of the activities of the elected body of the primary trade union organization The employer is obliged to provide the elected bodies of the primary trade union organizations uniting his employees free of charge a room for holding meetings, storing documents, and also provide the opportunity to post information in a place accessible to all employees. (places). An employer with more than 100 employees provides free of charge for use by the elected bodies of primary trade union organizations at least one equipped, heated, electrified premises, as well as office equipment, communications and the necessary regulatory legal documents. Other improving conditions for ensuring the activities of these trade union bodies may be provided for by a collective agreement.
- Lawyer's answer:
Ren is right, specifically for the killing of animals in the Russian Federation there is no responsibility, there may be responsibility: 1. Intentional destruction of property of citizens - animals in the Russian Federation are property. 2. Cruelty to animals - it is not the fact of killing that is important, namely cruelty, bullying, etc., as a rule, responsibility occurs when an animal is mutilated in front of many witnesses, especially children, for example, in the yard of a house, in general, it is extremely rare. 3. Administrative responsibility for hooligan shouts - lay drunk outrages - and so on - at the request of citizens.
It is easy to implement - computer addiction, and we are all in some way susceptible, it is expressed in a TRANS state - and any delusion can become a conviction.
Article 58 of the Criminal Code of the RSFSR CRIMINAL CODE OF THE RSFSR SPECIAL PART Chapter One State crimes 1. Counterrevolutionary crimes 58-1. Any action aimed at overthrowing, undermining or weakening is recognized as counter-revolutionary ...
Who speaks?) As a zootechnician with experience, it became straightforward) for the feathers well) And they put cows on eggs. if a cow carries eggs then she is a bull
The procedure for calculating the average earnings for vacation pay is contained in the Decree of the Government of the Russian Federation of December 24, 2007 No. 922 "On the specifics of the procedure for calculating the average wage."
- Lawyer's answer:
Article 183 of the Labor Code of the Russian Federation. Guarantees to an employee in case of temporary incapacity for work In case of temporary incapacity for work, the employer pays the employee a temporary incapacity benefit in accordance with federal laws. The amount of benefits for temporary disability and the conditions for their payment are established by federal laws.
- Lawyer's answer:
According to article 96 of the Labor Code of the Russian Federation, payment for night hours from 10 pm to 6 pm is carried out in an increased amount provided for by the collective agreement of the organization, while it should not be lower than the amount established by the current legislation of the Russian Federation. The duration of night work (shift) is reduced by 1 hour compared to the usual 8-hour shift and amounts to 7 hours, however, it should be noted that the duration of work (shift) at night is not reduced for workers who have a reduced working time, but also for employees hired specifically to work at night, unless otherwise provided by the collective agreement. Thus, in accordance with the current labor legislation, workers' work at night must be paid in an increased amount, however, it should be borne in mind that the Labor Code of the Russian Federation only calls the minimum level of increased pay, and specific amounts of pay (which may exceed the minimum level, but cannot be lower) should be established by employers themselves in one of these ways: - a collective agreement - a local normative act, adopted taking into account the opinion of the representative body of employees (for example, in a regulation on wages) - an employment contract with an employee It should also be noted that regarding night time Art. 154 of the Labor Code of the Russian Federation only establishes that every hour of work at such a time is paid in an increased amount compared to work in normal conditions, but not less than the amount established by labor legislation and other regulatory legal acts containing labor law norms. The minimum amount of increase in wages for work at night should be established by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations, but to date they have not been established. Therefore, on the basis of Art. 423 of the Labor Code of the Russian Federation, regulatory legal acts, including those of the former USSR, continue to apply, by which additional payments for night work were established for various sectors of the economy and various categories of workers. The sizes of surcharges in them are set different. For example, for paramilitary, professional fire and security guard workers, the additional payment for work at night is 35% of the hourly wage rate (salary) (see Resolution of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions Secretariat dated 06.08. protection at night "). According to the Order of the Ministry of Health of the Russian Federation of October 15, 1999, No. 377 "On approval of the regulation on remuneration of health workers", employees of health care institutions for each hour of work at night, an additional payment is made in the amount of 50 percent of the hourly wage rate (official salary). In addition, by the Order of the Ministry of Justice of the Russian Federation dated May 16, 2000 No. 155 "On approval of the instruction on the procedure for providing compensation to the privates and commanding officers of the penal system for work in excess of the legal duration of working hours, on weekends and holidays, as well as for work at night ”, 35 percent of the hourly wage rate (salary) for each hour of work at night is paid to persons of the rank and file of the penal system. According to the established practice, the specific amount of allowances for work at night is usually 35-40%. An example of calculating the payment for night hours Calculation of additional payments for work at night for an employee who has an official salary for a three-shift regime. The enterprise works around the clock. Employees work in shifts for 8 hours a day, 5 days a week. The first shift is from 8 am to 4 pm, the second is from 4 pm to midnight, and the third is from midnight to 8 am the next day. Under the terms of the collective agreement, a supplement of 35 percent of the official salary is paid for night work. In the month of 2005, an employee with a salary of 5,000 rubles, work
- Lawyer's answer:
The fundamentals of the legislation of the Russian Federation on the protection of the health of citizens regulate the conduct of mandatory preliminary and periodic medical examinations upon admission to work. , institutions and organizations, the list of which is approved by the Government of the Russian Federation, undergo mandatory preliminary medical examinations upon admission to work and periodic medical examinations. According to the Labor Code of the Russian Federation, the list of persons subject to mandatory preliminary medical examination when concluding an employment contract is established by the Code or other Federal Laws. for work, and periodic medical examinations The regulation on the mandatory preliminary upon admission to work and periodic medical examinations of employees was approved by order of the Ministry of Health of the Russian Federation of December 10, 1996 N 405.A citizen can be temporarily (for a period of not more than five years and with the right of subsequent re-examination) or has been permanently recognized as unfit for health reasons to perform certain types of professional activities and activities associated with a source of increased danger. Such a decision is made on the basis of the conclusion of a medical and social examination in accordance with the list of medical contraindications and can be appealed to the court. The list of medical contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger is established by the Ministry of Health of the Russian Federation and is reviewed at least once every five years. The list of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger, approved by the Resolution of the Council of Ministers - the Government of the Russian Federation of April 28, 1993 N 377Employers are responsible for the allocation of funds for mandatory and periodic medical examinations of employees in cases and the procedure provided for by the legislation of the Russian Federation, republics within the Russian Federation. For payment of the costs of conducting mandatory preliminary and periodic medical examinations, see the letter of the Federal Compulsory Medical Insurance Fund dated January 21, 2003 N 207 / 30-3 / and
- Lawyer's answer:
Chapter 14. SPECIFIC FEATURES OF CRIMINAL RESPONSIBILITY AND PUNISHMENT OF MINORS Article 87. Criminal liability of minors 1. Minors are persons who at the time of the commission of the crime were fourteen, but not eighteen years old. 2. Compulsory measures of educational influence may be applied to minors who have committed crimes, or they may be punished, and upon release from punishment by a court, they may also be placed in a special educational institution of a closed type of the educational administration. (Part two as amended by Federal Law of 08.12.2003 N 162-FZ) (see the text in the previous edition) Article 88. Types of punishments imposed on minors 1. The types of punishments imposed on minors are: a) a fine; b) deprivation of the right to engage in certain activities; c) compulsory work; d) correctional labor; e) restriction of freedom; (clause "d" as amended by Federal Law of December 27, 2009 N 377-FZ) (see the text in the previous edition) f) imprisonment for a specified period. As you can see, the list does not indicate anything about the demotion from the work of parents ... The administration's actions are illegal. Changes to the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation. In particular, it does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, entrusting him with work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties (part 3 of article 72.1 of the Labor Code of the Russian Federation). Due to the fact that Pimenova's position, salary and work have changed. function, it is considered that it has been transferred to another job. In the absence of a written consent to such a transfer, the employer acted illegally. Pimenova has the right to judicially recognize the transfer order as illegal and ask to pay the difference between the salary that she would have received in her previous position and after the transfer. According to Part 2 of Art. 72.2 it is allowed to temporarily transfer an employee to another job without his consent in the event of natural or man-made disasters, industrial accidents, industrial accidents and other reasons specified in part 2 of this article. At the same time, a transfer is possible for a period of up to one month to prevent these cases or eliminate their consequences. You will spin it further.
- Lawyer's answer:
Well, and in the dispensary, did you get medical experience (shortened working week, additional vacation, etc.)? for example, at transport enterprises, paramedics involved in pre-trip inspection, or the heads of paramedic points, do not have medical experience. Approved by the Decree of the Government of the Russian Federation of October 29, 2002 N 781 TREATMENT AND OTHER HEALTH PROTECTION ACTIVITIES OF THE POPULATION IN HEALTHCARE INSTITUTIONS, IN ACCORDANCE WITH SUBSCRIPTION 20 OF ITEM 1 OF ARTICLE 27 OF THE FEDERAL LAW "ON EMPLOYMENT PENSIONS" in accordance with the rules indicated in the list: in clinics and hospitals of higher medical educational institutions, the Military Medical Academy, military medical institutes and medical scientific organizations; in the central consulting and diagnostic polyclinic of the Military Medical Academy; in treatment-and-prophylactic structural divisions of territorial medical associations; in medical units, medical units, outpatient clinics, hospitals, clinics, polyclinic departments, offices (X-ray mobile and dental mobile), groups of specialized medical care (military district, navy), medical support groups, medical service, medical group, military medical services, hospitals, sanitary-epidemiological laboratories, sanitary control points, medical companies, medical health centers, medical assistant health centers and medical assistant-obstetric points, medical centers, which are structural subdivisions of organizations (military units). (as amended by the Resolution of the Government of the Russian Federation of 05/26/2009 N 449)
- Lawyer's answer:
Hello Ivan!! ! You have led the people into fornication ... In the Russian Federation nowadays there really is no such "suspended sentence for six months ...." Our legislation, though similar, is still different ... Although in the Criminal Code of the RSFSR - there was such an article - 46.1 - Suspension of execution of the sentence .... But in general, the difference with the conditional sentence there was not great ... the most important thing was that at the end of the suspended sentence (if he did not do anything during it), the client was automatically considered to have served his sentence ... from punishment or about sending to serve the sentence in places of deprivation of liberty according to the previously assigned sentence ... or several criminal offenses, intentional crimes of small and medium gravity for a period of not more than three years, or for crimes committed by negligence - for a period of not more than six years, the court may postpone the execution of the punishment for a period of one to three years. The execution of the sentence may be postponed if the court concludes that there is sufficient reason to assume that the goal of the sentence can be achieved without actually serving the sentence. 2. When the execution of punishment is postponed, the court shall impose one or more of the following duties on the convicted person: 1) to compensate or eliminate the property damage caused; 2) apologize to the victim; 3) provide assistance to the victim during his treatment; 4) find a job or register at the labor exchange, not change the place of work without the consent of the court; 5) start studying, continue studying or acquire a specialty; 6) to be treated for alcoholism, drug addiction or substance abuse or a venereal disease with the consent of the convicted person; 7) not to change the place of residence without the consent of the authority exercising control over the postponement of serving the sentence; 8) work free of charge up to 300 hours of forced labor with the consent of the convicted person. 3. When imposing the duties provided for by part 2 of this article, the court shall determine the period during which the convicted person is obliged to fulfill them. 4. If the convicted person during the postponement of the execution of the sentence: 1) fulfilled the obligations imposed on him by the court, did not commit the violations provided for in part 3 of this part, and there is reason to believe that he will comply with the laws in the future and will not commit new criminal acts, he is released by the court from punishment after the expiry of the term of the deferred punishment; 2) fulfills the obligations imposed on him by the court, but commits other offenses for which administrative or disciplinary measures were applied to him, the court may extend the period of the deferred punishment for a year; 3) if the convicted person, without good reason, does not fulfill the duties assigned to him by the court or violates public order, drinks or commits other offenses for which administrative penalties or disciplinary measures have been applied to him at least twice, the court upon the presentation of the authority exercising control over behavior the convicted person, warns the convicted person about the possible cancellation of the suspension of the execution of the sentence. If the convicted person continues to fail to fulfill the obligations imposed on him by the court, the court, upon the submission of the instance exercising control over the behavior of the convicted person, makes a decision to cancel the suspension of the execution of the sentence and to serve the sentence imposed by the court. Something that is similar to the Criminal Code of the RSFSR - conditional - departed - free, here he is released not automatically, but by the court ...
- Lawyer's answer:
The employer violates labor laws. First, in accordance with Art. 75 of the Labor Code of the Russian Federation, when the owner changes, labor relations with employees continue and are dismissed under paragraph 6 of Art. 77 of the Labor Code of the Russian Federation only if the employee refuses to continue working in connection with a change of owner. Secondly, upon dismissal, compensation is paid for all unused vacation days (Article 127 of the Labor Code of the Russian Federation). If an employee has worked 15 days, he is already entitled to 2.33 days of vacation. In your case, for 2 months and 13 days worked, you were obliged to pay compensation for 2 months (13 days are not taken into account), that is, for 4.66 days. vacation (28: 12x2 = 4.66). To protect your rights, you can file a complaint with the GIT.
- Lawyer's answer:
Certain categories of workers are recruited for duty in the organization. In what order should the period of such duty be paid? Neither the current Labor Code of the Russian Federation, nor the Labor Code of the Russian Federation that was in force before it, provided for such a regime of working time or labor process as duty. considering this issue is the resolution of the All-Union Central Council of Trade Unions Secretariat dated April 2, 1954 N 233 "On duty at enterprises and institutions", according to which it is noted that the duty of workers and employees at enterprises and institutions can be introduced after the end of the working day, on weekends and holidays in exceptional cases and only by agreement with the trade union committee. It is not allowed to involve workers on duty more than once a month. In the case of bringing on duty after the end of the working day, the attendance for workers with both standardized and irregular working hours is postponed on the day of duty to a later time. The duration of duty or work together with duty cannot exceed the normal length of the working day. According to Resolution N 233, duty on weekends and holidays should be compensated by providing the same duration of time off within the next 10 days as the duty. At the same time, the Labor Code of the Russian Federation of such a regime working time, as a duty, does not provide, in connection with which the time for performing such duties should be paid according to the rules of working hours. If engaging on duty is made # in excess of the normal (reduced) working time, such time must, in accordance with article 152 of the Labor Code of the Russian Federation, be paid according to the overtime rules (for the first two hours - at least one and a half amount, for the next hours - at least than double) or be compensated at the request of the employee himself by providing additional rest time, but not less than the time worked overtime. For certain categories, such a working time as duty may be regulated by special Regulations on working time and rest time. At present, such features have been established in relation to: - workers of the floating composition of ships of the sea fleet - by the decree of the Ministry of Labor of the Russian Federation of February 20, 1996 N 11 "On approval of the regulation on working hours and rest hours of workers of the floating composition of ships of the sea fleet"; - members of aircraft crews civil aviation - by decree M Intruda of the Russian Federation of June 25, 1993 N 124 "On the approval of the temporary regulation on the working hours and rest hours of the crew members of civil aviation of the Russian Federation"; - communications workers - by the resolution of the Ministry of Labor of the Russian Federation of November 17, 1997 N 58 " time and rest time of employees of operating communications organizations "; - rescuers of emergency rescue teams - by the resolution of the Ministry of Labor of the Russian Federation of June 8, 1998 N 23" On approval of the Regulation on recording the working time of citizens admitted to professional emergency rescue services, professional emergency rescue teams for the posts of rescuers "; - for medical workers -" Regulations on the remuneration of health care workers of the Russian Federation ", approved by order of the Ministry of Health of Russia dated October 15, 1999 N 377. November 1, 2002 "Accountant's consultant", No. 11, November 2002
where else are they? what's the point? a gift to ng children and then pay every month. Read Chapter 58 of the Labor Code of the Russian Federation and it will become clear to you that trade unions protect the labor rights and legitimate interests of all workers, and not only ...
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In accordance with article 213 of the Labor Code of the Russian Federation, "employees who carry out certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger, do not undergo a mandatory psychiatric examination. less often than once every five years in the manner established by the Government of the Russian Federation. " The list of employees subject to certification is compiled on the basis of the List of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger.
According to article 96 of the Labor Code of the Russian Federation, payment for night hours from 22 to 6 hours is carried out in an increased amount provided for by the collective agreement of the organization, while it should not be lower than the amount established by the current legislation of the Russian Federation ...
divorce, criminal case, criminal record, compensation for moral damage to the ex-wife. To plant - they will not plant, but he will receive a good lesson
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Section IV. REVISION OF JUDICIAL RULES INTO FORCE Chapter 41. PROCEEDINGS IN THE COURT OF THE SUPERVISORY INSTANCE Article 376. The right to appeal to the court of the supervisory instance 1. Court decisions that have entered into legal force, with the exception of court decisions of the Presidium of the Supreme Court of the Russian Federation, may be appealed in the manner prescribed by this Chapter in a supervisory court by persons participating in the case and other persons, if their rights and legitimate interests are violated by court decisions .2. Judicial decisions may be appealed to the supervisory instance court within six months from the date of their entry into force, provided that the said persons have exhausted other methods of appealing against the court decision established by this Code before the day it comes into legal force. Federal Law of 04.12.2007 N 330-FZ) 3. The right to appeal to a court of a supervisory instance with a proposal for revision of court decisions and rulings that have entered into legal force, if a prosecutor participated in the consideration of the case, shall have the officials of the prosecution bodies specified in Article 377 of this Code.
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if you think that there are amendments that reduce the terms of punishment, then you are mistaken
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But about 3 years, the question is controversial. In any case, refer to this- Leading: "If a person, for example, has worked for forty years and occasionally only took a week's leave, he has accumulated a lot of leisure time. He will be paid for everything?" the head of the department of the Federal Service for Labor and Employment, Alexei Anokhin, said: "That's it. We have no time limits in the Code, which would allow, as it used to be, three years."
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Alexey Shukurov correctly pointed out Art. 121 of the Labor Code of the Russian Federation. I just want to concretize to convince the employer. The so-called study days, that is, additional leave for employees combining work with training and temporary disability is precisely the time when the employee did not actually work, but in accordance with labor legislation, the place of work remained for him ( position) . Therefore, these periods of time are included in the length of service, which gives the right to the main annual paid leave. Or, sorry, I just thought about it. Do you generally reduce your vacation by 28 calendar days for these periods? It is also illegal. These types of leave are optional, and sick leave by itself.
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MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT OF THE RUSSIAN FEDERATION LETTER dated March 15, 2006 N 4795 / MZ-14 Department for the Development of Medical Aid and Resort Business on the issue of social support measures for paying utility bills to employees of federal healthcare institutions working and living in rural areas, and pensioners, who worked federal healthcare institutions, according to Article 159 of the Housing Code of the Russian Federation, the right of citizens of the Russian Federation to receive subsidies for payment for housing and utilities is determined if their expenses for paying for housing and utilities, calculated based on the size of the regional standard the normative area of the dwelling used for calculating subsidies and the size of the regional standard for the cost of housing and communal services exceed the value corresponding to the maximum allowable share of citizens' expenses for paying for dwelling and communal services The size of regional standards for the normative area of living quarters used for calculating subsidies, the cost of housing and communal services and the maximum allowable share of citizens' expenses for paying for housing and utilities in the total family income are established by the subject of the Russian Federation. for the payment of residential premises and utilities were approved by the Decree of the Government of the Russian Federation of December 14, 2005 N 761 "On the provision of subsidies for the payment of residential premises and utilities." in the event that their expenses for paying for housing and utilities exceed the amount corresponding to the maximum allowable share of citizens' expenses for paying for housing and utilities in the total family income. Ministry of Healthcare of the Russian Federation of 15.10.1999 N 377<*>(as amended by the Orders of the Ministry of Health of the Russian Federation of November 17, 2000 N 404, of 24.04.2003 N 160, of 05.08.2003 N 329, Orders of the Ministry of Health and Social Development of the Russian Federation of 08.09.2005 N 553, of 05.09.2006 N 649) 2.3. The salaries (rates) for specialists working in rural areas are increased by 25 percent in comparison with the salaries (rates) for specialists engaged in these types of activities in urban conditions.
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Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education" Article 53. Engaging in pedagogical activity 1. The procedure for recruiting employees of educational institutions is regulated by their charters. Persons who have an educational qualification, which is determined by standard provisions on educational institutions of the corresponding types and types, are allowed to pedagogical activities in educational institutions. 2. Persons who are prohibited from teaching by a court verdict or for medical reasons, as well as persons who have an unexpunged or outstanding conviction for intentional grave and especially grave crimes provided for by the Criminal Code of the Russian Federation and the Criminal Code of the RSFSR, are not allowed to engage in teaching activities in educational institutions. contraindications are established by the Government of the Russian Federation. For the specifics of regulation of the labor of teaching staff see Chapter 52 of the Labor Code of the Russian Federation Chapter 52. Specifics of regulation of the labor of teaching staff Article 331. The right to engage in teaching activities Persons with educational qualifications are allowed to teaching activities, which is determined in the manner prescribed standard provisions on educational institutions of the corresponding types and types, approved by the Government of the Russian Federation. I pedagogical activity in accordance with a court verdict that has entered into legal force; having an unexpunged or outstanding conviction for intentional grave and especially grave crimes; recognized incapacitated in accordance with the procedure established by federal law; having diseases provided for by the list approved by the federal executive body in charge of developing public policy and health regulation. COMMENT: Persons with diseases provided for in the list are not allowed to pedagogical activities. This list is approved by the federal executive body responsible for the development of state policy and legal regulation in the field of health care. At present, the List of Medical Contraindications has not been specifically approved, however, some prohibitions are contained in other regulatory legal acts. In order to determine the suitability of a person for pedagogical activity for medical reasons, when applying for a job in educational institutions, it is necessary to undergo a preliminary medical examination. In the future, teaching staff are required to undergo periodic free medical examinations, which are carried out at the expense of the founder (clause 3 of article 51 of the Law of the Russian Federation of July 10, 1992 N 3266-I (as amended by the Federal Law of January 13, 1996 N 12-FZ ) "On Education"). The list of medical and psychiatric contraindications for the implementation of certain types of professional activity, in which employees of educational institutions are indicated, was approved by the Government of the Russian Federation of April 28, 1993 N 377 "On the implementation of the Law of the Russian Federation" On psychiatric care and guarantees of the rights of citizens in its provision ". In accordance with Art. 51, paragraph 3. Educational workers of educational institutions are required to undergo periodic free medical examinations, which are carried out at the expense of the founder. Send for examination. to work) of an employee: who has not passed in the prescribed manner a mandatory medical examination (examination), as well as a mandatory psychiatric examination in cases stipulated by federal laws and other regulatory legal acts of the Russian Federation;
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You probably mean the "presidential" amendments to the Criminal Code. Indeed, the other day it (the draft) should only be submitted to the State Duma of the Russian Federation for discussion. At the moment, such a discussion in the State Duma of the Russian Federation has not taken place. The law was NOT passed. It is difficult to predict what it will be in the final version. Now about this project (NOT published) they write the following: "There will be no mandatory imprisonment for the most common crimes: theft, robbery, robbery, non-dangerous violent crimes. According to the minister, this will force the courts to abandon the still Soviet practice when they give how as a rule, the average period between the minimum and maximum. A new punishment will be introduced: forced labor. All this will allow to increase the average sentence from 6-9 to 2-3 years, which will reduce the population of the colonies by a third (as of October 1, there were 707 100 It is assumed that the “lightest” first and second parts of the Criminal Code articles, which do not concern crimes against the person, terrorist and other serious crimes, will be amended. Liberalization, apparently, will not affect crimes against human life and health. " P.S. There is NO corrective labor, at the moment there are only correctional labor in the Criminal Code.
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"Labor Code of the Russian Federation" dated 30.12.2001 N 197-FZ Article 213. Medical examinations of certain categories of workers ... Employees carrying out certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors) , as well as those working in conditions of increased danger, undergo a mandatory psychiatric examination at least once every five years in the manner established by the federal executive body authorized by the Government of the Russian Federation. Decree of the Government of the Russian Federation of 23.09.2002 N 695 (revised from 01.02.2005) "On the passage of compulsory psychiatric examination by employees carrying out certain types of activities, including activities related to sources of increased danger (with the influence of harmful substances and unfavorable production factors) , as well as those working in conditions of increased danger. " factors), as well as those working in conditions of increased danger, provided for by the List of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger, approved th Resolution of the Council of Ministers - the Government of the Russian Federation of April 28, 1993 N 377 "On the implementation of the Law of the Russian Federation" On psychiatric care and guarantees of the rights of citizens in its provision "(hereinafter referred to as the List). I send the list by e-mail. mail
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Resolution of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 "On the specifics of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" In accordance with Article 282 of the Labor Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, N 1, Part I , Art. 3) and the Decree of the Government of the Russian Federation of April 4, 2003 N 197 "On the specifics of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" (Collected Legislation of the Russian Federation, 2003, N 15, Art. 1368) Ministry labor and social development of the Russian Federation, in agreement with the Ministry of Education of the Russian Federation, the Ministry of Health of the Russian Federation and the Ministry of Culture of the Russian Federation, decides: 1. To establish the following features of part-time work of teaching, medical, pharmaceutical and cultural workers: a) the specified categories of work ikov has the right to carry out part-time work - performing other regular paid work on the terms of an employment contract in their free time from their main job at the place of their main work or in other organizations, including in a similar position, specialty, profession, and in cases where an abbreviated working hours (except for work in respect of which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation); b) the duration of part-time work of the specified categories of workers within a month is established by agreement between the employee and the employer and for each employment contract it cannot exceed: - for medical and pharmaceutical workers - half of the monthly working time calculated from the established duration of the working week; - for medical and pharmaceutical workers whose half of the monthly working time for their main job is less than 16 hours per week - 16 hours of work per week; - for doctors and nurses in cities, districts and other municipalities where there is a shortage of them - the monthly norm of working time, calculated from the established duration of the working week. At the same time, the duration of part-time work in specific positions in institutions and other organizations of federal subordination is established in the manner determined by federal executive bodies, and in institutions and other organizations under the jurisdiction of subjects of the Russian Federation or local self-government bodies - in the manner determined by state bodies. authorities of the constituent entities of the Russian Federation or local governments; - for junior medical and pharmaceutical personnel - the monthly norm of working time, calculated from the established duration of the working week; Order of the Ministry of Health of the Russian Federation of October 15, 1999 No. 377 "On approval of the Regulation on remuneration of health workers" (as amended on October 9, 2007) 6.1.6. Employees who hold part-time regular positions of medical personnel in institutions of health care and social protection of the population are paid bonuses for combined positions in the manner and under the conditions provided for these positions. I can send the full text of this order to the soap
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An additional payment in the amount of 100 percent of the hourly wage rate (official salary) to medical personnel engaged in the provision of emergency, ambulance and emergency medical care, field personnel and communication workers of stations (departments) of emergency medical care for work at night was made on the basis of an ORDER OF THE MINISTRY OF HEALTH OF THE RUSSIAN FEDERATION October 15, 1999 N 377 "ON APPROVAL OF THE REGULATIONS ON PAYMENT OF EMPLOYEES OF HEALTH CARE WORKERS". This Order became invalid on December 1, 2008 in connection with the publication of the Order of the Ministry of Health and Social Development of the Russian Federation dated October 28, 2008 N 598n. Currently, payment for work at night is made on the basis of Art. 154 of the Labor Code of the Russian Federation: "Every hour of work at night is paid at an increased rate compared to work in normal conditions, but not less than the amount established by labor legislation and other regulatory legal acts containing labor law norms. night hours are established by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations. The specific amounts of an increase in wages for work at night are established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, an employment contract. "and DECISIONS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION of July 22, 2008 N 554 "ON THE MINIMUM SIZE OF INCREASING PAYMENT FOR WORK AT NIGHT TIME": "In accordance with Article 154 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides: p increase in wages for work at night (from 10 pm to 6 am) is 20 percent of the hourly wage rate (salary (official salary) calculated per hour of work) for each hour of work at night. "Thus, an increase in wages at night is possible by adopting appropriate amendments to the local regulations of the institution (Regulation on wages, collective agreement, etc.).
The occupational health of all doctors is a very harmful work ... And 50 to 15% of the elite get salary increments for this ... 50% are psychiatrists and infectious disease specialists of especially dangerous infections ... Less are radiologists-radiologists, neuropathologists and pathologists. ..
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Dismissal of pensioners is discrimination (see Articles 2, 3 of the Labor Code of the Russian Federation), respectively, it is possible for pensioners to recover from work with payment of wages for forced absenteeism. The Labor Code of the Russian Federation contains an exhaustive list of grounds for dismissal at the initiative of the administration. and the dismissal of old-age pensioners is not included in the list. MINISTRY OF HEALTH OF THE RUSSIAN FEDERATION ORDER of October 15, 1999 N 377 ON APPROVAL OF THE REGULATIONS ON PAYMENT FOR THE WORK OF HEALTH CARE workers 5.1. Employees of health care institutions, including drivers of ambulance vehicles, who are on the staff of motor transport enterprises and other organizations, are paid an additional payment for night work in the amount of 50 percent of the hourly wage rate (official salary) for each hour of work at night: for workers - based on hourly wage rate (salary), taking into account the increase for work in hazardous to health and especially difficult working conditions; for medical, pharmaceutical workers, specialists and employees - based on the official salary for the position held. , field personnel and communication workers of stations (departments) of emergency medical care, an additional payment for work at night is made, respectively, in the amount of 100 percent of the hourly tariff rate (official salary). The list of these subdivisions (positions) is approved by the head of the institution in agreement with the elected trade union body. Night time is considered to be from 10 p.m. to 6 a.m. The head doctor has no right to deprive employees of the allowances established by the Ministry of Health in accordance with the Labor Code of the Russian Federation. ... Violation of Labor and Labor Protection Legislation 1. Violation of legislation on labor and labor protection - entails the imposition of an administrative fine on officials in the amount of from five to fifty times the minimum wage; for persons engaged in entrepreneurial activities without forming a legal entity - from five to fifty times the minimum wage or administrative suspension of activities for up to ninety days; for legal entities - from three hundred to five hundred times the minimum wage or administrative suspension of activities for up to ninety days. 2. Violation of labor and labor protection legislation by an official previously subjected to administrative punishment for a similar administrative offense - entails disqualification for a period of one to three years. ... Federal Labor Inspectorate and its subordinate state labor inspectorates1 in Moscow. The Federal Labor Inspectorate and its subordinate state labor inspectorates in Moscow consider cases of administrative offenses provided for in Part 1 of Article 5.27.2. The following are entitled to consider cases of administrative offenses on behalf of the authorities specified in part 1 of this article: 1) the chief state labor inspector of the Russian Federation, his deputies; the chief state legal labor inspector of the Russian Federation; the chief state inspector of the Russian Federation for labor protection; heads of structural divisions federal labor inspectorate, their deputies (for legal issues and labor protection), chief state labor inspectors, state labor inspectors; 2) heads of their deputies (for legal issues and labor protection); heads of departments of state labor inspectorates, in Moscow their deputies (on legal issues and labor protection), chief state labor inspectors, state labor inspectors.
An employee, acting alone, cannot protect himself from illegal actions of the employer, improve working conditions or adopt laws that are necessary for him. At the same time, he feels a direct influence - pressure on himself from the outside ...
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How to create a primary trade union organization? The initiative to create a trade organization for water transport workers in the Russian Federation can come from employees of a transport complex enterprise, or those working at enterprises of other industries related to water transport with general labor and professional interests, as well as students (cadets, students) of educational institutions (Article 1.2. ) Preparatory stage. - Creation of an initiative group from among the employees who believe that the organization needs PRVT. In the future, this initiative group, with the support of specialists from the Trade Union, will carry out all the work on the creation of a primary trade union organization; - Carrying out explanatory work on the need to create a trade organization and collecting applications for admission to the PRVT RF; Preparation and holding of the constituent assembly. - Determination of the date, time and place of the constituent assembly. Informing employees who have written applications and want to join the Trade Union. Note: the process of admitting workers to the Trade Union can continue after the founding meeting, in the manner prescribed by the Charter of the PRVT. At the constituent assembly it is necessary to resolve the following issues: - to create a primary trade union organization; - to accept as members of the Trade Union those present at the meeting in accordance with the applications submitted by them; - to elect the chairman of the primary trade union organization, the trade union committee and the control and audit commission; - make a decision on the registration of the primary trade union organization (professional service) in the territorial organization of the PRVT and delegate the authorized representative of the trade organization to the corresponding bascomflot (an elected body of the territorial organization of the PRVT operating in this territory); - to determine the procedure for payment of trade union membership dues; - to make a decision on settlement and cash (financial) services for the primary trade union organization in the bascomflot. (for organizations that are not legal entities). Notification of the employer about the creation of a primary trade organization. The fact of creating a primary trade union organization must be documented. For this: 1. The minutes of the constituent assembly are drawn up. 2. the employer is officially informed (it is necessary in order to ensure the participation of the trade union organization in the regulation of social and labor relations at the enterprise in cases stipulated by the current legislation). The employer is sent a notification letter, a copy of the minutes of the constituent assembly and a copy of the decision of the territorial committee of the PRVT (bascomflot) on the creation of a primary trade union organization and its inclusion in the register of the Trade Union. Note: The first practical deed of a newly created trade union organization may be the conclusion of a collective agreement. If, simultaneously with the notification of the creation of a trade union organization, the employer is sent a notification of the intention to start negotiations on the conclusion of a collective agreement and specific proposals on its content, this will help to increase the authority of the newly created organization. More details -
- Lawyer's answer:
The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (order) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of workers authorized for labor protection. The commission is headed by the employer (his representative), and in the cases provided for by this Code, by an official of the relevant federal executive body exercising state control (supervision) in the established area of activity. When investigating an accident (including a group one), as a result of which one or several victims received serious health injuries, or an accident (including a group one) with a fatal outcome, the commission also includes the state labor inspector, representatives of the executive authority of the constituent entity of the Russian Federation. Federation or local government (as agreed), a representative of the territorial association of trade union organizations, and when investigating these accidents with the insured - representatives of the executive body of the insurer (at the place of registration of the employer as an insured). The Commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms.
- Lawyer's answer:
The sequence of granting paid leaves is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the onset of the calendar year in the manner prescribed by Article 372 of this Code for the adoption of local regulations. For certain categories of employees in the cases provided for by this Code and other federal laws, annual paid leave is provided at their request at a time convenient for them. (Art. 123 of the Labor Code of the Russian Federation) That is, if you belong to these very "separate categories", then your wishes will be taken into account, and if you do not, then the vacation will be granted when the employer deems it necessary. 99% of employees want to go on vacation in the summer, so now all businesses should be closed about this?
- Lawyer's answer:
Article 123. The order of granting paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the onset of the calendar year in the manner prescribed by Article 372 of this Code for the adoption of local regulations. The vacation schedule is compulsory for both the employer and the employee.
- Lawyer's answer:
Article 124. Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in cases of: temporary disability of the employee; fulfillment by the employee during the annual paid leave of state duties, if for this purpose the labor legislation provides for exemption from work; in other cases stipulated by labor legislation, local regulations. If the employee was not paid in a timely manner for the period of the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before its start, then the employer, upon the employee's written application, is obliged to postpone the annual paid vacation for another period agreed with the employee. In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of an organization, an individual entrepreneur, it is allowed, with the employee's consent, to postpone the vacation to the next working year. In this case, the vacation must be used no later than 12 months after the end of the working year for which it is granted. Failure to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) hazardous working conditions is prohibited. Article 358 ... State labor inspectors are obliged to keep secrets protected by law (state, official, commercial and other), which became known to them in the exercise of their powers, as well as after leaving their office, to consider the source of any complaint about shortcomings or violations of provisions absolutely confidential of labor legislation and other normative legal acts containing labor law norms, refrain from informing the employer of information about the applicant if the check is carried out in connection with his appeal, and the applicant objects to informing the employer about the source of the complaint. Onward and with the song. You are right - the employer is not. Article 123. The order of granting annual paid leaves The order of granting paid leaves is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the onset of the calendar year in the manner prescribed by Article 372 of this Code for adoption local regulations. The vacation schedule is compulsory for both the employer and the employee. The employee must be notified of the start time of the vacation against signature no later than two weeks before the start.
- for reasons related to changes in organizational or technological working conditions In the case when, for reasons related to changes in organizational or technological working conditions (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, it is allowed to change them at the initiative of the employer, with the exception of changes in the employee's labor function. The employer is obliged to notify the employee in writing not later than two months in advance of the upcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that caused the need for such changes, unless otherwise provided by this Code. If the employee does not agree to work in the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract. In the absence of the specified work or refusal of the employee from the proposed work, the employment contract shall be terminated in accordance with paragraph 7 of the first part of Article 77 of this Code. In the event that the reasons specified in part one of this article may lead to mass dismissal of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code for the adoption of local regulatory acts, introduce part-time work (shift) and (or) part-time work week for up to six months. If the employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated in accordance with paragraph 2 of part one of Article 81 of this Code. In this case, the employee is provided with appropriate guarantees and compensation. The cancellation of the part-time (shift) and (or) part-time working week before the period for which they were established is made by the employer, taking into account the opinion of the elected body of the primary trade union organization. Changes to the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement, agreements. Seek help from the Federal Priority for the provision of annual paid vacations. You will somehow explain the question more delicately, or they will really think that they are being carried in a spray, and you are the executioners. Article 297. General provisions on work on a rotational basis Rotational work is a special form of implementation of the labor process outside the place of permanent residence of workers, when their daily return to their place of permanent residence cannot be ensured. The rotational method is used at a significant distance from the place of work from the place of permanent residence of employees or the location of the employer in order to reduce the construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as for the implementation of other production activities. Employees involved in work on a rotational basis, during their stay at the work production facility, live in rotational camps specially created by the employer, which are a complex of buildings and structures designed to ensure the life of these workers during their work and between shifts, or in adapted for these purposes and paid for by the employer hostels, other residential premises. The procedure for applying the rotational method is approved by the employer, taking into account the opinion of the elected body of the primary trade union organization in the manner established by Article 372 of this Code for the adoption of local regulations.
Changes to the terms of the employment contract determined by the parties for reasons related to changes in the organizational or technological working conditions In the case when, for reasons related to changes in the organizational or technological working conditions (changes in technology and production technology, structural reorganization of production, other reasons) determined by the parties the terms of the employment contract cannot be saved, it is allowed to change them at the initiative of the employer, with the exception of a change in the employee's labor function. The employer is obliged to notify the employee in writing not later than two months in advance of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that caused the need for such changes, unless otherwise provided by this Code. If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract. In the absence of the specified work or refusal of the employee from the proposed work, the employment contract shall be terminated in accordance with paragraph 7 of the first part of Article 77 of this Code. In the event that the reasons specified in part one of this article may lead to mass dismissal of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code for the adoption of local regulatory acts, introduce part-time work (shift) and (or) part-time work week for up to six months. The cancellation of the part-time (shift) and (or) part-time working week before the period for which they were established is made by the employer, taking into account the opinion of the elected body of the primary trade union organization. Changes to the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement, agreements.
The sequence of granting annual paid vacations The sequence of granting paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the onset of the calendar year in accordance with the procedure established by Article 372 of this Code for the adoption of local regulations ... The vacation schedule is compulsory for both the employer and the employee. The employee must be notified of the start time of the vacation against signature no later than two weeks before the start. For certain categories of employees in the cases provided for by this Code and other federal laws, annual paid leave is provided at their request at a time convenient for them. At the request of the husband, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work with this employer. Article 125. Division of annual paid leave into parts. Withdrawal from vacation The order of granting annual paid leaves The order of granting paid leaves is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the onset of the calendar year in the manner prescribed by Article 372 of this Code for adoption local regulations. The vacation schedule is compulsory for both the employer and the employee. The employee must be notified of the start time of the vacation against signature no later than two weeks before the start. Article 124. Extension or postponement of annual paid leave Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases: temporary disability of the employee; fulfillment by the employee during the annual paid leave of state duties, if for this purpose the labor legislation provides for exemption from work; in other cases stipulated by labor legislation, local regulations. If the employee was not paid in a timely manner for the period of the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before its start, then the employer, upon the employee's written application, is obliged to postpone the annual paid vacation for another period agreed with the employee. In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of an organization, an individual entrepreneur, it is allowed, with the consent of the employee, to postpone the vacation to the next working year. In this case, the vacation must be used no later than 12 months after the end of the working year for which it is granted. Failure to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) hazardous working conditions is prohibited. Article 125. Division of annual paid leave into parts. Withdrawal from vacation By agreement between the employee and the employer, the annual paid vacation can be divided into parts. Moreover, at least one of the parts of this leave must be at least 14 calendar days. The recall of an employee from vacation is allowed only with his consent. The unused part of the leave must be granted at the choice of the employee at a time convenient for him during the current working year or added to the leave for the next working year. The recall of workers under the age of eighteen years, pregnant women and workers engaged in work with harmful and (or) dangerous working conditions is not allowed.
- Lawyer's answer:
Article 297. General provisions on work on a rotational basis Rotational work is a special form of implementation of the labor process outside the place of permanent residence of workers, when their daily return to their place of permanent residence cannot be ensured. The rotational method is used at a significant distance from the place of work from the place of permanent residence of employees or the location of the employer in order to reduce the construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as for the implementation of other production activities. Employees involved in work on a rotational basis, during their stay at the work production facility, live in rotational camps specially created by the employer, which are a complex of buildings and structures designed to ensure the life of these workers during their work and between shifts, or in adapted for these purposes and paid for by the employer hostels, other residential premises. The procedure for applying the rotational method is approved by the employer, taking into account the opinion of the elected body of the primary trade union organization in the manner established by Article 372 of this Code for the adoption of local regulations. Where will they work?
Artem Kosheverov
Is it the employer's responsibility to provide conditions for the activities of trade union organizations? A trade union organization has been formed in ZAO Remdorservice, which included 325 people. The chairman of the trade union committee, Silakov, made a written request to the general director to provide premises for the placement of the trade union committee. The general director refused, referring to the fact that the CJSC employs 2,000 workers, and the trade union organization unites less than 20% of the workers and employees of the organization, in addition, the primary trade union organization is not registered as legal entity... Give a reasoned lawyer's answer to the questions: is it right? general director? Is it the employer's responsibility to provide conditions for the activities of trade union organizations?
Timur Shukrin
What is the criminal liability provided for in Russia for the killing of animals?
Denis Tereshin
Internet zombie .... does it happen?
Evdokia Semenova
What article did Putin go under?
Andrey Vicheslov
"They say that chickens are milked"?
Nadezhda Molchanova
Tell me, in which law are the rules for calculating vacation pay?
Valery Shchennikov
Maria Markova
sellers steal at the kiosk. How can they be squeezed by law?
Olesya Volkova
Payment of nights. I heard back in the summer that the payment for the night service increased by 20%, the night is counted from 22 to 06 o'clock. In our organization, payment was made in this way: the salary was divided by the male norm (although I am a woman) for a month, the resulting number was multiplied by the number of night hours worked in a month and multiplied by 35 more times. That is, it turned out that we were paid 35 % of actually worked hours. Since the increase is 20%, then we should be paid 55% ??? Or have I misunderstood something ?? ? It's just that we still haven't changed anything. Or maybe this promotion does not concern us? Explain, please, who knows?
Daria Stepanova
Medical examination when applying for a job. In an area equated to the regions of the Far North, when applying for a job, a medical examination must be passed by everyone in a row? Or only to pests and those who arrived in the North from other regions?
Marina Komarova
Please help me solve the problem of labor law !. Pimenova worked as a cloakroom attendant. By order of the head of the atelier, she was transferred without her consent to the janitors. The reason for the transfer was that her minor son, having come to her work, stole 400 rubles from one employee. Disagreeing with the transfer, Pimenova did not go to work, as a result of which she was fired for absenteeism. The People's Court, where Pimenova applied for reinstatement to work, denied her satisfaction, arguing that the plaintiff was responsible for the action of the minor son. Give an assessment of the legality of the actions of the administration and the people's court. What are the rules for transferring to another job for violation of labor discipline? Prepare a transfer order. Help me please!)
Roman Shelontsev
Explain to me, referring to the law, if possible, is the employer doing the right thing? So the situation is like this ... I worked in the LLC dispensary for three months. This is also a medical institution. Then she got a job in a city clinic. Immediately. The accountant of the settlement group declares to me that my medical experience is lost, tk. this institution belongs to private, not state ... I do not understand why this is so? After all, I performed all the same functional duties as a physician ... How did that experience suddenly disappear? In general, I am not paid extra for my seniority, is this legitimate? What can you refer to when proving your case? Please tell me!
Alexandra Zakharova
Hello !!! Please help me understand the situation ..... .... An hour ago a friend was sentenced: six months in prison. . with a suspension of the sentence for six months .... Tell? What does it mean? What is the difference between "deferment" and "conditional" ??? And what is better, from the point of view of the accused ??? Suspension of the sentence, or a suspended sentence ???
Elizabeth Putina
Compensation for unused vacation. I got a job on 02/17/2012, 05/01/2012 all employees are dismissed (of their own free will) and are hired again, due to the change in the name of the company. The vacation was of course postponed for the time worked before the dismissal. But when I asked me to pay compensation for unused vacation, I was not given it, allegedly compensation for unused vacation is charged and paid only to employees who have worked for at least 9 months. Is this so, and if possible, please indicate the article in the labor code.
Andrey Glyzin
Help me find the REGULATION. People need: A special decree on the duty of the All-Union Central Council of Trade Unions of April 2, 1954.
Tatiana Dorofeeva
Can non-union workers contact a trade union organization?
Irina Pugacheva
Who must undergo a mandatory psychiatric evaluation?
Irina Soboleva
what percentage of night work should be paid if night work without the right to sleep
Eduard Bogomazov
What threatens people who beat their ex-wife. The woman shook. brain 3st. Expertise Confirmed. causing slight harm to health
Natalia Matveeva
What is the procedure for applying to the “supervisory instance” court and who (what) plays this role? I "played" for the Respondent. The case is within the framework of the Labor Code (Art 249). One decision was received in the magistrates' court. The plaintiff appealed against him in the district court. The district court (the judge - by his personal admission - a specialist in criminal cases) overturned the decision of the peace. What is the "supervisory authority" in this case? How long can you apply to this authority? Does it make sense?
Vasily Pchelintsev
If I have not been on vacation since 2000 and did not receive vacation pay, will I receive compensation for the entire period? upon dismissal
Inna Polyakova
Vacation calculation. Dear applicants, podskazhite. On the basis of what law, when calculating vacation, deduct all school days and BC ?? ?Thanks in advance
Olesya Romanova
Have there been any social support measures for federal civil servants (health workers) living in rural areas?
Stanislav Tsegelnik
please tell me dear .... the pedagogue of additional education was in a psychiatric clinic. Can he work with children and should he provide any kind of help? Do we have the right to demand any kind of certificate from him? what to do in this case? send a request to the hospital?
Grigory Udalov
Amendments to Article 161 Part 2 of the Criminal Code of the Russian Federation. Please tell me! I heard that in 2010 there will be amendments to Article 161 Part 2 of the Criminal Code of the Russian Federation, sort of like replacing imprisonment with engineers and technicians (corrective labor). How true is this and where can you look at these amendments? Thanks in advance.
Ekaterina Matveeva
What is the list of professions for which a mandatory psychiatric examination is required .. Where is it said in the laws of the Russian Federation?
Igor Kolov
Why aren't external part-time ambulances paid a federal supplement (although I work full-time)? The government decree does not stipulate that the bonus is paid to basic workers, but not part-time workers - it says about the bonus for the quality of care provided to doctors and nurses, respectively. It turns out that part-time workers can work so-so. No one can answer the question - who at what level has decided not to pay this premium to part-time workers.
Alexey Kasatkin
Please help me figure out the issues about additional payments for doctors and nurses .. Medical workers work in the department of anesthesiology and intensive care, the departments of this work by themselves around the clock. Staff also work night shifts, weekends and holidays. Since the new year, they have removed the surcharge for night and holiday 100% and now they pay only 20% and not a percentage more, referring to innovations - to pay at the discretion of the head, but not less than 20%, there is only one answer to staff questions: no one breaks anything, paying only 20%, no money. And one more thing: how in such a mysterious way a nurse, working in intensive care, can contribute and increase her salary if she is already circling around the seriously ill all night, as well as a doctor who makes decisions for days on which the patient's life depends. Please comment on this situation and, if possible, which documents to refer to (in the Labor Code of the Russian Federation, the surcharge is 100%, in the Resolutions of the Government of the Russian Federation at least 20%). I would be very grateful and grateful for your answers. Thank you!
Yulia Dmitrieva
can you write a list of medical professions with occupational hazards?
Lilia Bobrova
They say: "Stingy - pays twice", but how do you feel about the fact ... ... that the chief doctor, by virtue of the initially (in my opinion) decision taken to "rejuvenate the team" - dismissed pensioners, and now, from - for the damage received in the budget, he wants to deprive paramedics and drivers of 50% of the night's payment. Really, the head of the MUZ - has the right to do this?
Ksenia Zakharova
Kochetkov joined the primary trade union organization operating for his employer, which about this ...
Vadim Nukhimovich
The procedure for notification of the employer about the created trade union organization
Alla Petukhova
The mandatory composition of the accident investigation commission includes
Vera Denisova
Vacation schedule?. How is the vacation schedule set up? That is, over what period should it be drawn up for the next year? And how does the workers choose him, in what month will he go on vacation? That is, for example, an employee wants to be given a vacation according to the schedule, for example, for June, but the management does not want to put it on this month. For example, referring that a lot of people are going on vacation this month or some other reason. How legitimate is this?
Valery Pavleev
Which of us is entitled to vacation ?. At work, the following situation has developed: there are two people who have 10 days of non-holiday leave, for one girl the vacation time comes in late September-early October, for the other in mid-October, but she already took at her own expense in July, and another employee leave at the end of November. More than one person is not allowed on vacation, but everyone wants a vacation in December, and at the end. I need it from December 12 to 26, all of the above apply for this time (more precisely, for its last week), in addition, there is also an employee whose vacation is suitable for December 20. How do I get my vacation at the right time? Which one of us has priority on vacation in December?
Vasily Konovnitsyn
The manager is postponing the vacation, should there be compensation? I am getting higher education, the session ended a week ago. I have to go on vacation in a week, the manager says that he is postponing the vacation, because there is no one to replace. Despite the fact that there was no vacation for the session, there were only deductions from the salary for the missed days. Is the director entitled to compensation for postponing vacation? What a dir. does not comply with the TC for a long time not a secret, I am not leaving, because there are few places where they like to hire students.
Ruslan Semidevkin
Do employees need to write any statements when moving from old structural divisions to new ones
Daniil Konstantinovsky
If the company is registered in Moscow, can it organize a rotational work method in Moscow for workers from other regions
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
EMPLOYEES BY PROFESSIONAL UNIONS
(as amended by Federal Law of 30.06.2006 N 90-FZ)
Article 370. The right of trade unions to monitor compliance with labor legislation and other regulatory legal acts containing labor law norms, compliance with the terms of collective agreements and agreements
Trade unions have the right to monitor compliance by employers and their representatives with labor legislation and other regulatory legal acts containing labor law norms, their compliance with the terms of collective agreements and agreements.
Employers are obliged to inform the appropriate trade union body of the results of consideration of this requirement and the measures taken within a week from the date of receipt of the request to eliminate the identified violations.
To monitor compliance with labor legislation and other normative legal acts containing labor law norms, compliance with the terms of collective agreements, agreements, all-Russian trade unions and their associations may create legal and technical labor inspections of trade unions, which are vested with powers provided for by provisions approved by 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 inspections of trade unions, which act on the basis of the provisions adopted by them in accordance with the standard provision 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 part of the association, to conduct 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 to:
monitor compliance by employers with labor legislation and other regulatory legal acts containing labor law;
conduct an independent examination of working conditions and ensuring the safety of workers;
take part in the investigation of industrial accidents and occupational diseases;
receive information from managers and other officials of organizations, employers - individual entrepreneurs about the state of working conditions and labor protection, as well as about all industrial accidents 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);
make demands on employers to suspend work in cases of immediate 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 working conditions and labor protection, fulfillment of employers' obligations stipulated 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 laws and other normative legal acts containing labor law norms, obligations stipulated by collective agreements and agreements, as well as with 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 constituent entities of the Russian Federation, regulatory legal acts of local government bodies containing labor law norms;
take part in the development of draft by-laws, establishing state regulatory requirements for labor protection, as well as agreeing on them in the manner established by the Government of the Russian Federation;
apply to the relevant authorities with a requirement to bring to justice persons 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 the observance of labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies, other federal executive bodies, carrying out the functions of control and supervision in the established field of activity.
The authorized (proxies) persons for labor protection of trade unions have the right to freely check compliance with labor protection requirements and make mandatory for consideration by officials of organizations, employers - individual entrepreneurs, proposals to eliminate identified violations of labor protection requirements.
Article 371. Adoption of 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 procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting local regulations
The employer, in the cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation, collective bargaining agreements, 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 most of the 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 normative 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 a reasoned opinion workers in order to achieve a mutually acceptable solution.
If no agreement is reached, the disagreements that have arisen are formalized 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 relevant state labor inspectorate or to the court. The elected body of the primary trade union organization also has the right to initiate a collective labor dispute procedure in the manner prescribed by this Code.
Upon receipt of a complaint (application) by an elected body of a primary trade union organization, the State Labor Inspectorate is obliged, within one month from the date of receipt of the complaint (application), to conduct an inspection and, if a violation is found, issue an order to the employer to cancel the specified local normative act, which is binding.
Article 373. The procedure for taking into account the reasoned opinion of the elected body of the primary trade union organization when terminating an employment contract on the initiative of the employer
When making a decision on the possible termination of an employment contract in accordance with clauses 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 a draft order to the elected body of the relevant primary trade union organization, as well as copies of documents that are the basis to make the specified 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 proposed decision of the employer, it will hold additional consultations with the employer or his representative within three working days, the results of which are recorded in a protocol. If general agreement is not reached based 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 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 the right to appeal the dismissal directly to the court, and the employer - to appeal the order of the state labor inspectorate in court.
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. This period does not include 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).
Article 374. Guarantees to employees who are members of the elected collegial bodies of trade union organizations and who are not released from their main job
Part one of Article 374 shall be applied in accordance with the constitutional and legal meaning identified in the definition of the Constitutional Court of the Russian Federation of 04.12.2003 N 421-O.
Dismissal on the initiative of the employer in accordance with paragraphs 2, 3 or 5 of part one of Article 81 of this Code of heads (their deputies) of 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 the main job, in addition to the general procedure for dismissal, is allowed only with the prior consent of the corresponding higher elected trade union body.
Note: since December 2009 the article has been declared unconstitutional, therefore - not functioning
In the absence of a superior elected trade union body, the dismissal of these workers shall be carried out in compliance with the procedure established by Article 373 of this Code.
Members of the elected collegial bodies of trade union organizations who are not exempt from their main job are exempt from it to participate as delegates in the work of congresses and conferences convened by trade unions, to participate in the work of the elected collegial bodies of trade unions, and in cases where this is provided for by the collective agreement, - also for the period of short-term trade union studies. The terms of 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 an elected body of a primary trade union organization (hereinafter also referred to as an exempt 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) for the same employer. If it is impossible to provide the specified work (position) in connection with the liquidation of the organization or the termination of activities by the individual entrepreneur or the absence in the organization, 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 studies or retraining - for up to one year. If the employee refuses the proposed corresponding job (position), the average earnings for him for the period of employment shall not be retained, unless otherwise established by the decision of the all-Russian (interregional) trade union.
The working time of a freed trade union worker in an elective position in an elected body of a primary trade union organization shall be counted in his general and special length of service.
Released trade union workers have the same labor rights, guarantees and benefits as employees of an organization, an individual entrepreneur in accordance with the collective agreement.
Article 376. Guarantees of the right to work for employees who were members of an elected trade union body
Termination of an employment contract on the initiative of the employer on the grounds provided for in paragraphs 2, 3 or 5 of part one 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. Obligations of the employer to create conditions for the activities of the elected body of the primary trade union organization
The employer is obliged to provide the elected bodies of the primary trade union organizations uniting his employees free of charge with a room for holding meetings, storing documents, and also provide the opportunity to post information in a place (places) accessible to all employees.
An employer with more than 100 employees provides free of charge for use by the elected bodies of primary trade union organizations at least one equipped, heated, electrified premises, as well as office equipment, communications and the necessary regulatory legal documents. Other improving conditions for ensuring the activities of these trade union bodies may be provided for by a collective agreement.
The employer can provide, in accordance with the collective agreement, for free use to the elected body of the primary trade union organization the buildings, structures, premises and other objects owned by the employer or rented by him, as well as recreation centers, sports and health centers necessary for organizing recreation, conducting cultural activities, physical culture and health-improving work with employees and their families. At the same time, trade unions do not have the right to set a fee for the use of these facilities for workers who are not members of these trade unions, higher than the established one for workers who are members of this trade union.
In cases stipulated by the collective agreement, the employer allocates funds to the primary trade union organization for cultural and physical culture and health-improving work.
In the presence of written applications of employees who are members of a trade union, the employer monthly transfers to the account of the trade union organization the trade union dues from the wages of employees 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 entered into collective agreements or who are subject to sectoral (intersectoral) agreements, upon a written application from employees who are not members of the trade union, monthly transfer to the accounts of the trade union organization funds from the wages of these employees on the terms and in the manner established by collective agreements, sectoral (intersectoral) agreements.
The remuneration of the head of the elected body of the primary trade union organization can be made 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 who violate the rights and guarantees of the activities of trade unions are liable in accordance with this Code and other federal laws.
Article 377. Obligations of the employer to create conditions for the activities of the elected body of the primary trade union organization
The employer is obliged to provide the elected bodies of the primary trade union organizations uniting his employees free of charge with a room for holding meetings, storing documents, and also provide the opportunity to post information in a place (places) accessible to all employees.
An employer with more than 100 employees provides free of charge for use by the elected bodies of primary trade union organizations at least one equipped, heated, electrified premises, as well as office equipment, communications and the necessary regulatory legal documents. Other improving conditions for ensuring the activities of these trade union bodies may be provided for by a collective agreement.
The employer can provide, in accordance with the collective agreement, for free use to the elected body of the primary trade union organization the buildings, structures, premises and other objects owned by the employer or rented by him, as well as recreation centers, sports and health centers necessary for organizing recreation, conducting cultural activities, physical culture and health-improving work with employees and their families. At the same time, trade unions do not have the right to set a fee for the use of these facilities for workers who are not members of these trade unions, higher than the established one for workers who are members of this trade union.
In cases stipulated by the collective agreement, the employer allocates funds to the primary trade union organization for cultural and physical culture and health-improving work.
In the presence of written applications of employees who are members of a trade union, the employer monthly transfers to the account of the trade union organization the trade union dues from the wages of employees 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 entered into collective agreements or who are subject to sectoral (intersectoral) agreements, upon a written application from employees who are not members of the trade union, monthly transfer to the accounts of the trade union organization funds from the wages of these employees on the terms and in the manner established by collective agreements, sectoral (intersectoral) agreements.
The remuneration of the head of the elected body of the primary trade union organization can be made at the expense of the employer in the amount established by the collective agreement.
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