The Labor Code does not contain the concept of "advice labor collective". The procedure for electing and the competence of this association of employees is also absent in the Code. This article will help you understand what this advice is and why it is needed.

General provisions

The possibility of creating a labor collective council (hereinafter referred to as STK) is provided for in Art. 21 of the Labor Code of the Russian Federation, which grants employees the right to associate in order to protect their interests. indicates that in social partnership other representatives elected by employees may act as representatives of employees, in addition to trade union organizations.

The STC is a self-governing body in the organization that plays the following roles:

• contributes to the unification of employers and employees in achieving common production goals;
• enables the workforce to express their ideas and proposals on the production and organizational activities of the employer, supports and promotes them;
• increases transparency management system In the organisation;
• ensures the protection of the rights of workers, etc.

When creating the STK, the charter or regulation on the council is approved and representatives of the employees who will be included in the council are elected.

To regulate the procedure for the creation and further functioning of the council, the charter or regulation on the STC is approved. This document should govern next questions:

• goals and objectives of the council;
• functions (competence) of the council;
• the procedure for the formation of its composition, the number of members of the council, the structure of the body, the requirements for the representative of employees;
• rights, duties and responsibilities of members of the JTC;
• rights and obligations of the heads of the organization;
• the procedure for interaction between the board and management;
• other provisions.

The Council is an elected body, that is, the members of the Council are elected at general meetings of the collective by secret or open voting.

The structure of the council, as a rule, includes:

• chairman of the STK - organizes the activities of the council;
• his deputies - assist the chairman, carry out his tasks, are responsible for the work of the council in the relevant direction;
• secretary - keeps minutes of meetings, is responsible for office work, keeps records of the fulfillment by members of the council of the duties assigned to them;
• commissions on certain issues (temporary and permanent) - are appointed to work on various directions production and economic activities of the organization;
• other members of the council - participate in meetings and make decisions on issues submitted for discussion, perform the tasks assigned to them by the leadership of the council, submit their proposals for consideration by the council.

The principle of equality must be respected during the election process for members of the STC and for the above positions. However, the council should not include:

• trainee students;
• trainees;
• temporary workers.

The document regulating the activities of the JTC prescribes the following rights and duties of the chairman:

• organization of work on current issues;
• drawing up a work plan for the JTC, which must be approved by the council;
• organization of the board meeting process, participation in the preparation of issues that need to be resolved at the meeting;
• extradition operational tasks Council members and control over their implementation;
• ensuring the transparency of the work of the STK and the implementation of the decisions of the council;
• the right to propose candidates for Vice-Chairmen and Secretary;
• report on the results of the activities of the STK before the meeting of the labor collective.

Conclusion

The STK is designed to help the management solve the problems that arise before the enterprise, while ensuring the protection of the rights and interests of employees. The creation of such a council provides many benefits to both employees and the enterprise.

According to labor law, employees have the right to create trade unions and associations to defend their interests, protect rights, solve general issues. However, not every company has a representative body of employees; this association is completely voluntary. The council of the labor collective is one of the types of representative body of workers, its activities do not depend on the activities of executive power or local government, employers and their associations. Workers' unions are not subordinate to or controlled by the above groups.

Council of the labor collective: the procedure for election and competence

A representative body of employees can be created in any organization: it does not matter the size of the company, the number of employees, the form of ownership. The council can be created not only in the organization, but also in individual entrepreneur, as well as in the branch, representative office of the company.

The procedure for electing the council of the labor collective and organizing the activities of the representative body of workers has not been regulated Labor Code. This procedure is at the discretion of the employees: they need to do it on their own, for this they can adopt a regulation on a representative body (Regulations on the council of the labor collective) and establish in it the procedure for electing employees to the council and their activities in the association. In order to create a labor collective council or other representative body, workers must hold a meeting.

Thus, the election of the council of the labor collective is carried out by the collective independently and voluntarily. A meeting of employees is organized, and in the course of the meeting those citizens are elected who will represent the interests of the group in the future. The choice is made by voting - it can be either open or secret. On the this activity the employer cannot influence in any way - neither organize the creation of the council, nor coordinate its creation in any way.

There is no strict list of positions that should be included in the council of the labor collective. The composition of the council of the labor collective, as it is correct, includes:

• Chairman of the council - he is responsible for organizing all the activities of the council;
• Deputy chairmen of the council - citizens who are directly subordinate to the chairman, support him, carry out instructions, are often responsible for the work of a certain direction;
• Secretary - a responsible employee who keeps the minutes of the council of the labor collective (fixes everything that happens at the meeting), keeps records of the association;
• Working commissions (commissions can be temporary or permanent) are usually appointed to work in various areas of the company's activities;
• Members of the council take part in general meetings of the council, participate in decision-making on issues that were submitted for discussion by the council, perform the tasks assigned to them by the leadership of the council, and take initiatives.

The employer is obliged to listen to the opinion of the council of the labor collective in a number of issues determined by labor law. So, in certain cases, before finally approving the draft local regulatory act, the employer must show it to the association of workers and obtain their consent to the adoption of this act. Within five days, the council of the labor collective must consider the submitted project and send its opinion to the employer on his account. If the employer and the council of employees do not reach a unanimous decision on the document and cannot agree, the employer can accept it, but employees have the right to appeal it through the courts or file a complaint with state inspection labor.

Question:
What legal status general meeting of employees of the institution and the council of the labor collective of the institution? What is their competence, the procedure for the formation and organization of activities?

Answer:
The general meeting of employees of the organization is endowed with sufficiently large powers in the field of social partnership. Let's consider the main ones.
According to Art. 31 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation), if the organization does not have a primary trade union body, or it does not unite more than half of the employees of the organization, the general meeting of employees has the right to elect another representative (representative body), which is empowered to represent the interests of employees in social partnership .
The general meeting of workers has the right, if none of the primary trade union organizations or in aggregate the primary trade union organizations that wished to create a single representative body, unite more than half of the employees of the organization, to determine that primary trade union organization, which, with the consent of its elected body, is instructed to send the employer a proposal on initiating collective bargaining on behalf of all employees. In cases where such a primary trade union organization is not defined or the employees of the organization are not united in any primary trade union organizations, the general meeting of employees by secret ballot can elect another representative (representative body) from among the employees and give him the appropriate powers (Article 37 of the Labor Code of the Russian Federation).
In accordance with Art. 384 of the Labor Code of the Russian Federation, the general meeting of employees elects representatives of employees to the commission on labor disputes or approves representatives elected by the representative body of employees. The general meeting of employees has the right to decide on the formation of commissions for labor disputes in the structural divisions of the organization.
In case of collective labor disputes, the general meeting of employees approves the requirements put forward by the employees or the representative body of the employees of the organization (Article 399 of the Labor Code of the Russian Federation).
According to Art. 410 of the Labor Code of the Russian Federation, the meeting of workers decides to declare a strike.
As for the council of the labor collective, the Labor Code does not contain any mention of such a body. This body was mentioned in the previous Labor Code of the Russian Federation (see Articles 227, 235.1 of the Labor Code of the Russian Federation).
However, if the council of the labor collective meets the criteria of Art. 31 of the Labor Code of the Russian Federation (elected by secret ballot at a general meeting of employees, consists only of employees of this organization), it is a representative body of employees. Please note that the presence of another representative cannot be an obstacle to the exercise of their powers by the primary trade union organizations.
The employer is obliged to create conditions that ensure the activities of employee representatives, in accordance with labor legislation, a collective agreement, agreements (Article 32 of the Labor Code of the Russian Federation).
Consider the powers of the representative body of workers.
The representative body has the right:
- to receive from the employer complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation (Article 22 of the Labor Code of the Russian Federation);
- to participate in collective bargaining for the preparation, conclusion or change collective agreement, agreements, as well as initiating such negotiations (Article 36 of the Labor Code of the Russian Federation);
- to receive information from the employer on the reorganization or liquidation of the organization; introductions technological change entailing a change in the working conditions of employees; vocational training, retraining and advanced training of employees; on other issues provided for by the Labor Code of the Russian Federation, other federal laws, founding documents organizations, a collective agreement (Article 53 of the Labor Code of the Russian Federation);
- for submission on the issues listed in Art. 53 of the Labor Code of the Russian Federation, relevant proposals to the management bodies of the organization, as well as participation in meetings of these bodies during their consideration (Article 53 of the Labor Code of the Russian Federation);
- for familiarization against signature with the documents of the employer establishing the procedure for processing the personal data of employees, as well as about their rights and obligations in this area (Article 86 of the Labor Code of the Russian Federation);
- to jointly develop measures to protect the personal data of employees with employers and employees (Article 86 of the Labor Code of the Russian Federation);
- to submit to the employer an application for violation by the head of the organization, the head of the structural unit of the organization, their deputies of labor legislation and other acts containing labor law norms, the terms of a collective agreement, agreement (Articles 22, 195 of the Labor Code of the Russian Federation);
- to appeal to the state authorities for labor protection to conduct a state examination of working conditions (Article 216.1 of the Labor Code of the Russian Federation);
- to participate in the commission for the investigation of accidents at work (Article 229 of the Labor Code of the Russian Federation);
- to put forward proposals for the creation of committees (commissions) for labor protection and a commission for labor disputes (Articles 218, 384 of the Labor Code of the Russian Federation);
- to make a claim to the employer (Article 399 of the Labor Code of the Russian Federation);
- to participate in the creation of a conciliation commission and labor arbitration when considering a collective labor dispute (Articles 402, 403 of the Labor Code of the Russian Federation);
- to make a proposal to announce (suspend) a strike (Article 410 of the Labor Code of the Russian Federation);
- to lead the strike (Article 411 of the Labor Code of the Russian Federation);
- to maintain documentation when resolving a collective labor dispute (Article 418 of the Labor Code of the Russian Federation).

Approved

General meeting of the labor collective

1. General Provisions

1.1. This Regulation has been developed in accordance with the labor legislation of the Russian Federation and determines the procedure for the formation and functioning, competence, rights and obligations of the Council of the labor collective.

1.2. The labor collective council is an elected, permanent body of a democratic management system, exercising its functions and rights on behalf of the entire labor collective of an organization (institution) and is designed to ensure the interaction of the head of the organization (institution), the employer with the labor collective and its individual employees.

1.3. In its activities, the Council of the labor collective is accountable general meeting the labor collective of the organization (institution).

2.1. Members of the Council of the labor collective are elected by the general meeting of employees in the manner prescribed by this Regulation, for a period of [fill in as appropriate].

2.2. Only employees of the organization (institution) can be members of the Council of the labor collective. Temporary workers, part-time workers, trainees cannot be elected to the Labor Collective Council.

2.3. The quantitative composition of the Council of the labor collective is [fill in as appropriate].

2.4. Candidates who receive the largest number of votes are considered elected to the Council of the Labor Collective.

2.5. Persons elected to the Council of the labor collective may be re-elected an unlimited number of times.

2.6. By decision of the general meeting of employees, the powers of all members of the Council of the labor collective may be terminated ahead of schedule.

2.7. The Chairman of the Labor Collective Council is elected by the members of the Labor Collective Council from among them by a majority vote of the total number of members of the Labor Collective Council.

2.8. The Labor Collective Council has the right to re-elect its Chairman at any time by a majority vote of the total number of members of the Labor Collective Council.

2.9. The chairman of the Council of the labor collective organizes its work, convenes meetings of the Council of the labor collective and presides over them, organizes the keeping of minutes at meetings, presides over the general meeting of employees of the organization (institution).

2.10. In the absence of the Chairman of the Labor Collective Council, his functions are performed by one of the members of the Labor Collective Council by decision of the Labor Collective Council.

3.1. The competence of the Council of the labor collective includes resolving issues on ensuring the interaction of the head of the organization (institution), the employer with the labor collective and its individual employees, with the exception of issues referred by labor legislation to the competence of the general meeting of employees.

3.2. The competence of the Council of the labor collective includes the following issues:

3.2.1. Participation in collective negotiations on the preparation, conclusion or amendment of a collective agreement, agreement. initiative for such negotiations.

3.2.2. Conducting consultations with the employer on the adoption of local regulations.

3.2.3. Obtaining information from the employer on issues that directly affect the interests of employees.

3.2.4. Discussion with the employer of questions about the work of the organization (institution), making proposals for its improvement.

3.2.5. Discussion by the representative body of employees of plans for the socio-economic development of the organization.

3.2.6. Participation in the work of commissions for tariffing, certification of employees and workplaces, labor protection and others.

3.2.7. Other issues stipulated by labor legislation.

3.3. The labor collective council has the right to receive information from the employer on the following issues:

Reorganization or liquidation of the organization;

Introduction of technological changes, entailing a change in the working conditions of workers;

Vocational training, retraining and advanced training of employees;

On other issues stipulated by labor legislation, constituent documents of the organization (institution), collective agreement.

The labor collective council also has the right to submit appropriate proposals on these issues to the management bodies of the organization (institution) and participate in the meetings of these bodies when they are considered.

4.1. The meeting of the Council of the labor collective is convened by the Chairman of the Council of the labor collective on his own initiative, at the request of a member of the Council of the labor collective, the employer or the administration of the organization (institution).

4.2. The quorum for holding a meeting of the Council of the labor collective is half of the number of elected members of the Council of the labor collective.

4.3. Decisions at a meeting of the Council of the labor collective are made by a majority vote of the members of the Council of the labor collective participating in the meeting.

4.4. When resolving issues at a meeting of the Council of the labor collective, each member of the Council of the labor collective has one vote.

When decisions are made by the Council of the labor collective in the event of an equality of votes of the members of the council of the labor collective, the right of the decisive vote belongs to the Chairman of the Council of the labor collective.

4.5. The meetings of the Council of the labor collective may be attended by the head of the organization (institution), heads structural divisions, stakeholders, consultants.

4.6. Minutes are kept at the meeting of the Council of the labor collective.

The minutes of the meeting of the Council of the labor collective shall be drawn up no later than three days after its holding.

The minutes of the meeting indicate:

The place and time of the event;

Persons present at the meeting;

Agenda of the meeting;

Decisions taken.

The minutes of the meeting of the Council of the labor collective are signed by the chairman of the meeting, who is responsible for the correctness of the minutes.

4.7. Decisions of the Council of the labor collective, adopted in violation of the competence of the Council of the labor collective, in the absence of a quorum for holding a meeting of the Council of the labor collective, or without the majority of votes of the members of the Council of the labor collective necessary for making a decision, are not valid.

During the period of Soviet power, labor collectives had, at least on paper, fairly broad rights. At present, their role and importance have decreased, and their rights have become much narrower. Yes, this is understandable: owners and only owners have the right to decide the fate of the means of production belonging to them, risking their capital invested in production. Employees have their own interests, and often they are directly opposed to the interests of the owners.

A labor collective is a voluntary association of employees for the joint use of labor at a particular enterprise (in an organization, institution) on the basis of an employment contract.

The structure of the workforce. The labor collective is not an amorphous association, but an association organized in such a way that it has a real opportunity to solve production, social, organizational and other issues common to all or many of its members.

1. General meeting of the labor collective. As a rule, the most important, fundamental questions of the life and work of the labor collective fall into his field of vision. If the labor collective is large and the convocation of a general meeting is difficult due to the large number or territorial disunity, then meetings can be held in workshops, departments, sections, brigades and other divisions, where issues of interest to all members of the labor collective are discussed. The final decision in this case is made by the conference of the labor collective, whose participants are representatives of all structural divisions of the labor collective. The order of elections and norms of delegates to it are determined separately. Meetings of the labor collective are convened as needed, as a rule, once or twice a year.
2. Labor Collective Council (STK) is a representative body of the labor collective, exercising its powers in the period between general meetings. The STC is elected by the general meeting, which determines the size of the Council and its duration. The STK is accountable to the general meeting. All members of the STK perform their duties on a voluntary basis. A member of the STK who has not justified confidence may be removed from its composition by the general meeting.
3. Trade Union Committee. Trade unions are the most massive organization of workers, created to protect their socio-economic and labor rights and interests. Although at present in Russia there is not one, but several trade unions, in specific enterprises, as a rule, there is no such diversity. One trade union headed by a trade union committee often represents the interests of all employees of the enterprise. The trade union committee has broad rights.

Unlike the STK, which mainly deals with issues of production, improving the efficiency of the enterprise, the trade union committee performs protective and social function(raises questions about raising wages, improving working conditions, labor protection, social development team).

The charter of the enterprise provides for the principles, procedure, terms, powers and other issues of the formation and work of the bodies of the labor collective. The powers of the labor collective are defined in Art. 53 of the Labor Code of the Russian Federation. It notes that the labor collective, regardless of the organizational and legal form of the enterprise:

• resolves the issue of the need to conclude a collective agreement with the administration, considers and approves its draft;
• considers and resolves issues of self-government of the labor collective;
• has the right to make proposals to the management bodies of the enterprise;
• has the right to receive information from the employer on production issues;
• decides other issues in accordance with the collective agreement.

As we can see, the role of labor collectives cannot be called significant. However, it will increase only if employees, using the system of participation in the profits of the enterprise (purchase of its shares, bonds), will simultaneously become the owners of a part (share) of the capital (property) belonging to the enterprise where they work. Then they will be truly interested in the most effective solution of all issues of the life of the enterprise.

If now employees are mainly concerned with their own destiny and the subject of their special attention is the increase in wages, then the working owners are by no means indifferent to the interests of the enterprise as a whole, and, as owners of shares, they will prefer to invest more in order to receive a large income in the future. dividends, rather than constantly and persistently demanding higher wages.

The system of participation in the profit of the enterprise is as follows. The enterprise forms a special fund at the expense of funds contributed by the enterprise and personnel (employees). These funds are recorded in personal accounts opened for each member of the staff. The amount of contributions made by the enterprise is distributed among employees, in proportion wages each of the employees. With these funds, the employee can buy shares, bonds of his enterprise, government debt obligations, etc., but he cannot simply withdraw them within a set period.

For purchased securities dividends are credited to personal accounts of employees. However, if the enterprise finds itself in a difficult situation, the employees will be required to share the risk of incurring losses together with other participants (owners) of this enterprise.