Obligations of the employer to create conditions for the implementation of the activities of the elected trade union body. union

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

Chapter 58. PROTECTION OF LABOR RIGHTS AND LEGAL INTERESTS

WORKERS BY TRADE UNIONS

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

Article 370. The right of trade unions to exercise control over compliance labor law and other normative legal acts containing labor law norms, fulfillment of the terms of collective agreements, agreements

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

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

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

Interregional, as well as territorial association (association) of organizations of trade unions operating in the territory of the subject Russian Federation, may establish legal and technical labor inspectorates of trade unions, which act on the basis of the regulations adopted by them in accordance with model provision corresponding all-Russian association of trade unions.

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

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

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

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

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

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

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

Article 372

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

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

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

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

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

Article 373 employment contract at the initiative of the employer

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

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

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

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

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

Article 374. Guarantees for employees who are members of elected collegial bodies trade union organizations and not exempted from the main work

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

Dismissal at the initiative of the employer in accordance with clauses 2, 3 or 5 of the first part 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 structural divisions organizations (not lower than the shop and equated to them), not released from the main work, is allowed, in addition to the general procedure for dismissal, only with the prior consent of the relevant higher elected trade union body.

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

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

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

Article 375. Guarantees for released trade union workers

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

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

Liberated union workers have the same labor rights, guarantees and benefits, as well as employees of the organization, individual entrepreneur in accordance with the collective agreement.

Article 376

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

Article 377

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

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

In cases stipulated by the collective agreement, the employer deducts cash the primary trade union organization for mass cultural and health-improving work.

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

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

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

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

Article 377

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

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

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

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

The employer is obliged to provide the elected bodies of the primary trade union organizations that unite his employees with a room for meetings, storage of documentation, and also provide the opportunity to post information in a place (places) accessible to all employees. An employer with more than 100 employees shall, free of charge, provide the elective bodies of primary trade union organizations with at least one equipped, heated, electrified premises, as well as office equipment, communications equipment and the necessary regulatory legal documents for use. Other improving conditions for ensuring the activities of these trade union bodies may be provided for by the collective agreement. The employer may provide, in accordance with the collective agreement, for free use to the elected body of the primary trade union organization buildings, structures, premises and other objects owned by the employer or leased by him, as well as recreation centers, sports and health centers necessary for organizing recreation, conducting cultural and mass events, physical culture and health-improving work with employees and members of their families. At the same time, trade unions do not have the right to establish a fee for the use of these facilities for workers who are not members of these trade unions, higher than that established for workers who are members of this trade union. In the cases stipulated by the collective agreement, the employer deducts funds from the primary trade union organization for cultural and mass and sports and recreational work. If there are written applications from employees who are members of a trade union, the employer monthly transfers trade union membership dues from the employees' wages to the account of the trade union organization free of charge. The order of their transfer is determined by the collective agreement. The employer has no right to delay the transfer of these funds. Employers who have concluded collective agreements or are subject to sectoral (intersectoral) agreements, at the written request of workers who are not members of the trade union, monthly transfer funds from the wages of these workers to the accounts of the trade union organization on the terms and in the manner established by collective agreements, sectoral (intersectoral) agreements. The wages of the head of the elected body of the primary trade union organization may be paid at the expense of the employer in the amount established by the collective agreement.

Legal advice under Art. 377 of the Labor Code of the Russian Federation

Artem Kosheverov

Is it the responsibility of the employer to provide conditions for the activities of trade union organizations? CJSC Remdorservis formed a trade union organization, which included 325 people. The chairman of the trade union committee Silakov addressed 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 CEO? Is it the responsibility of the employer to provide conditions for the activities of trade union organizations?

Lawyer's response:
The primary trade union organization must be registered as a legal entity. persons (Article 8 of the Federal Law of January 12, 1996 N 10-FZ "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 of their state registration(notifying nature). After that, he has the right to premises in accordance with article 377 Labor Code RF. Article 377 (places) . An employer with more than 100 employees shall, free of charge, provide the elective bodies of primary trade union organizations with at least one equipped, heated, electrified premises, as well as office equipment, communications equipment and the necessary regulatory legal documents for use. Other improving conditions for ensuring the activities of these trade union bodies may be provided for by the collective agreement.

Timur Shukrin

What is the criminal liability in Russia for killing animals?

Lawyer's response:
Ren is right - there is no responsibility specifically for killing animals in the Russian Federation - there may be responsibility: 1. Deliberate 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. - responsibility usually occurs when an animal is maimed in front of many witnesses - especially children - for example, in the courtyard of a house - in general, it is extremely rare. 3. Administrative responsibility for hooligan cries - barking outrages - and so on - at the request of citizens.

Denis Tereshin

Zombies on the Internet .... does it happen?

It's easy to do--computer addiction, and we're all addicted in some way, expressed as a TRANS STATE--and any delusion can become a belief.

Evdokia Semenova

Under what article did Putin pass?

Article 58 of the Criminal Code of the RSFSR CRIMINAL CODE OF THE RSFSR SPECIAL PART Chapter One State crimes 1. Counter-revolutionary crimes 58-1. Any action aimed at overthrowing, undermining or weakening ...

Andrey Vicheslov

"They say they milk the chickens"?

Who says?) As a livestock specialist with experience, it became interesting to me) for feathers, well) And cows are planted on eggs. if a cow carries eggs, then she is a bull

Nadezhda Molchanova

Can you please tell me what is the law on vacation pay?

The procedure for calculating average earnings for vacation pay is contained in Decree of the Government of the Russian Federation of December 24, 2007 No. 922 “On the features of the procedure for calculating average wages”.

Valery Shchennikov

Lawyer's response:
Article 183 of the Labor Code of the Russian Federation. Guarantees for an employee in case of temporary disability In the event of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal laws. The amount of benefits for temporary disability and the conditions for their payment are established by federal laws.

Maria Markova

sellers steal from a kiosk. how can they be pressed under the law? e

Olesya Volkova

Nights payment. I heard back in the summer that the nightly payment increased by 20%, the night is considered from 22 to 06 hours. 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 per month and was multiplied by 35 again. That is, it turned out that we were paid 35 % of actual hours worked. If the increase is 20%, then we have to pay 55%??? Or have I misunderstood something? ? We just haven't changed anything yet. Or maybe this increase does not apply to us? Explain please, who knows?

Lawyer's response:
According to Article 96 of the Labor Code of the Russian Federation, payment for night hours from 10 p.m. to 6 a.m. is carried out at an increased rate provided for by the collective agreement of the organization, while it should not be lower than the rates 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 is 7 hours, however, it should be noted that the duration of work (shift) at night is not reduced for employees who have reduced working hours, but also for workers hired specifically for night work, unless otherwise provided by the collective agreement. Thus, in accordance with the current labor legislation, the work of workers at night must be paid at an increased rate, however, it should be borne in mind that the Labor Code of the Russian Federation names only the minimum level of increased wages, and the specific amounts of payment (which may exceed the minimum level, but cannot be lower) must be established by the 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 the regulation on wages) - an employment contract with an employee It should also be noted that with regard to night time Art. 154 of the Labor Code of the Russian Federation only establishes that each hour of work at such a time is paid at an increased rate compared to work under normal conditions, but not lower than the rates established by labor legislation and other regulatory legal acts containing labor law norms. The minimum wage increase for night work should be set by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite 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 continue to apply regulatory legal acts, including those of the former USSR, by which additional payments for night work were established for various sectors of the economy and various categories of workers. The amounts of surcharges in them are different. For example, for employees of paramilitary, professional fire and guard guards, the extra payment for work at night is 35% of the hourly wage rate (salary) (see Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated 08.06.1990 No. 313 / 14-9 "On the remuneration of workers security at night). According to the Order of the Ministry of Health of the Russian Federation dated October 15, 1999 No. 377 “On approval of the regulation on the remuneration of healthcare workers”, employees of healthcare institutions for each hour of work at night are paid an additional payment in the amount of 50 percent of the hourly tariff rate (official salary). In addition, by Order of the Ministry of Justice of the Russian Federation dated May 16, 2000 No. 155 “On approval of instructions on the procedure for providing compensation to persons of ordinary and commanding staff of the penitentiary system for working in excess of the statutory working hours, on weekends and holidays, as well as for work at night” persons of private and commanding staff of the criminal correctional system are paid 35 percent of the hourly tariff rate (salary) for each hour of work at night. According to established practice, the specific amounts of allowances for night work are 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 set in a three-shift mode. The company operates around the clock. Employees work in shifts 8 hours a day, 5 days a week. The first shift is from 08:00 to 16:00, the second - from 16:00 to 24:00, the third - from 24:00 to 08:00 the next day. According to the terms of the collective labor agreement, a bonus of 35 per cent of the official salary is paid for night work. In the month of 2005, an employee who has a salary of 5,000 rubles, work

Daria Stepanova

Medical examination for employment. In an area equated to the regions of the Far North, when applying for a job, does everyone need to undergo a medical examination in a row? Or only to pests and those who arrived in the North from other regions?

Lawyer's response:
The fundamentals of the legislation of the Russian Federation on the protection of the health of citizens regulate the conduct of mandatory preliminary medical examinations upon admission to work and periodic medical examinations , institutions and organizations, the list of which is approved by the Government of the Russian Federation, undergo mandatory preliminary 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 at the conclusion of an employment contract is established by the Code or other Federal laws. Decree of the Government of the Russian Federation of September 8, 1999 N 1020 approved a list of professions and positions of employees who ensure the movement of trains subject to mandatory preliminary to work and periodic medical examinations. or 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 may 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. 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 Resolution of the Council of Ministers - Government of the Russian Federation of April 28, 1993 N 377 Employers are responsible for allocating funds for mandatory and periodic medical examinations of employees in cases and in the manner prescribed by the legislation of the Russian Federation, the republics within the Russian Federation. For payment of expenses for mandatory preliminary and periodic medical examinations, see letter of the Federal Compulsory Medical Insurance Fund dated January 21, 2003 N 207 / 30-3 / and

Marina Komarova

Please help me with my labor law problem! Pimenova worked as a cloakroom attendant. By order of the head of the studio, she was transferred without her consent to the janitors. The reason for the transfer was that her underage son, having come to her work, stole 400 rubles from one employee. Disagreeing with the transfer, Pimenova did not show up for work, as a result of which she was fired for absenteeism. The People's Court, where Pimenova applied with a claim for reinstatement, refused to satisfy her, motivating the decision by the fact that the plaintiff was responsible for the actions of her underage son. Assess 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!)

Lawyer's response:
Chapter 14. FEATURES OF CRIMINAL LIABILITY AND PUNISHMENT OF MINORS Article 87. Criminal liability of minors 1. Persons who by the time of the commission of a crime were fourteen years old, but not eighteen years old, are recognized as minors. 2. Compulsory measures of educational influence may be applied to minors who have committed crimes, or they may be punished, and if they are released from punishment by a court, they may also be placed in a special educational and educational institution of a closed type of an education management body. (part two as amended by Federal Law No. 162-FZ of 08.12.2003) (see the text in the previous wording) Article 88. Types of penalties imposed on minors 1. The types of penalties imposed on minors are: a) a fine; b) deprivation of the right to engage in certain activities; c) compulsory work; d) correctional work; e) restriction of freedom; (clause "e" as amended by the Federal Law of December 27, 2009 N 377-FZ) (see the text in the previous edition) f) deprivation of liberty for a certain period. As you can see, the list does not indicate anything about demotion in the work of parents ... The actions of the administration are illegal. Changing the terms of the employment contract determined by the parties, including transfer to another job, is 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 locality, entrusting him to 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. functions, it is considered that she was transferred to another job. In the absence of written consent to such a transfer, the employer acted illegally. Pimenova has the right to recognize the transfer order as illegal in court 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 for a period of up to one month is possible to prevent these cases or eliminate their consequences. You will expand further.

Roman Shelontsev

Explain to me, referring to the law if possible, whether the employer is doing the right thing? So the situation is like this... I worked at the LLC dispensary for three months. This is also a medical facility. Then she got a job in the city clinic. At once. The accountant of the settlement group tells me that my medical experience is lost, because. this institution belongs to private, not public ... I don’t understand why this is so? After all, I performed all the same functional duties of a physician ... How did that experience suddenly get lost? In general, I am not paid extra for my experience, is this legal? What can you refer to, proving your case? Tell me please!

Lawyer's response:
Well, did you have medical experience in the dispensary (shortened work week, additional vacation, etc.)? for example, at transport enterprises, paramedics engaged in pre-trip inspection, or the heads of paramedical stations do not have medical experience Approved by Decree of the Government of the Russian Federation of October 29, 2002 N 781 THERAPEUTIC AND OTHER ACTIVITIES FOR POPULATION HEALTH IN HEALTH INSTITUTIONS, IN ACCORDANCE WITH SUB-CLAUSE 20 OF PARAGRAPH 1 OF ARTICLE 27 OF THE FEDERAL LAW "ON LABOR PENSIONS IN THE RUSSIAN FEDERATION" listed: 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 medical and preventive structural subdivisions of territorial medical associations; in medical and sanitary units, medical units, outpatient clinics, infirmaries, polyclinics, polyclinic departments, offices (mobile X-ray and dental mobile), groups of specialized medical care (military district, fleet), medical support groups, medical service, medical group, military medical services, hospitals, sanitary and epidemiological laboratories, sanitary control points, medical companies, medical health centers, feldsher health centers and feldsher-obstetric stations, medical stations that are structural divisions of organizations (military units). (as amended by Decree of the Government of the Russian Federation of May 26, 2009 N 449)

Alexandra Zakharova

Hello!!! Please help me understand the situation..... .... An hour ago, a friend was sentenced to six months in prison. .with a suspension of the sentence for six months... . Tell? What does it mean? What is the difference between a "delay" and a "condition"? And what is better, from the point of view of the accused???

Lawyer's response:
Hi Ivan!! ! You have led the people into fornication ... In the Russian Federation, there really is no such thing "with a deferred sentence for six months .... " Although our legislation is similar, it is still different ... Although in the Criminal Code of the RSFSR - there was such an article - 46.1 - Postponement of the execution of a sentence .... But in general, the difference with a suspended sentence was not great there ... the most important thing was that at the end of the probationary period (if he didn’t do anything during it), the client was automatically considered to have served the sentence .... In the event of a delay - after the expiration of the deferment period, the court, ON THE REPRESENTATION of the body exercising control over the behavior of the convicted person, made a decision or to release from punishment or about being sent to serve a sentence to places of deprivation of liberty according to a previously imposed sentence .... Here is the Republic of Lithuania for you - study:) Postponement of the execution of punishment by a fine, arrest or imprisonment or several criminal offenses, intentional crimes of small and medium gravity for a period of not more than three years, or for crimes committed through negligence - for a period of not more than six years, the court may defer the execution of the punishment for a period of one to three years. The execution of the sentence may be suspended if the court concludes that there is sufficient reason to believe that the goal of the sentence can be achieved without actually serving the sentence. 2. In the event of a delay in the execution of punishment, the court imposes on the convicted person one or more of the following obligations: 1) to compensate or eliminate the property damage caused; 2) apologize to the injured person; 3) provide assistance to the victim during his treatment; 4) to find a job or register at the labor exchange, not to 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 venereal disease with the consent of the convict; 7) not to change the place of residence without the consent of the authority exercising control over the deferral of serving a 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 paragraph 2 of this article, the court determines the period during which the convicted person is obliged to fulfill them. 4. If the convict during the suspension of execution of punishment: 1) fulfilled the obligations imposed on him by the court, did not commit violations provided for by part 3 of this part, and there is reason to believe that in the future he will comply with the laws, will not commit new criminal acts, he is released by the court from punishment after the expiration 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 term of the deferred punishment by one year; 3) if the convict, without valid reasons, does not fulfill the duties assigned to him by the court or violates public order, gets drunk or commits other offenses for which administrative penalties or disciplinary measures of influence were applied to him at least twice, the court, on the proposal of the authority exercising control over the behavior convicted person, warns the convicted person about the possible cancellation of the deferral of execution of punishment. If the convicted person continues to fail to fulfill the obligations imposed on him by the court, the court, on the recommendation of the authority exercising control over the behavior of the convicted person, decides to cancel the deferral of execution of the sentence and to serve the sentence imposed by the court. Something similar to the Criminal Code of the RSFSR - conditional - departed - free, but here it is released not automatically, but by the court ...

Elizabeth Putina

Compensation for unused vacation. I got a job on 02/17/2012, 05/01/2012 all employees are fired (of their own free will) and hired again, due to a change in the name of the enterprise. Vacation of course moved away for the time worked before the dismissal. But when I asked me to pay compensation for unused vacation, they didn’t give it to me, supposedly compensation for unused vacation is accrued 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.

Lawyer's response:
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 fired under paragraph 6 of Art. 77 of the Labor Code of the Russian Federation only if the employee refuses to continue working due to a change in ownership. 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 the 2 months and 13 days worked, you were required 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.

Andrey Glyzin

Help to find the REGULATION. The people are needed: Special resolution on the duty of the All-Union Central Council of Trade Unions of April 2, 1954.

Lawyer's response:
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 mode of working time or labor process as duty. The only normative act considering this issue is the Resolution of the Secretariat of the All-Union Central Council of Trade Unions of 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 in agreement with the trade union committee. It is not allowed to involve employees on duty more than once a month. In the case of being called on duty after the end of the working day, the appearance for work for employees both with a normalized and irregular working day 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. Duty on weekends and holidays, in accordance with Decree N 233, must be compensated by providing the same duration of time off as the duty within the next 10 days. At the same time, the Labor Code of the Russian Federation of such a regime does not provide for working hours as duty, and therefore the time for performing such duties should be paid according to the rules of hours worked. If the call to duty is carried out # in excess of the normal (reduced) working hours, such time must, in accordance with Article 152 of the Labor Code of the Russian Federation, or be paid according to the rules of overtime (for the first two hours - at least one and a half times, for the next hours - at least than double) or be compensated at the request of the employee by providing additional rest time, but not less than the time worked overtime. Currently, such features have been established in relation to: - employees of the floating composition of ships of the navy - 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 time of employees of the floating composition of ships of the navy"; - members of the crews of aircraft civil aviation - Decree M Intruder of the Russian Federation of June 25, 1993 N 124 "On approval of the temporary regulation on working hours and rest time for crew members of civil aviation aircraft of the Russian Federation"; time and rest time for employees of operational communications organizations "; - rescuers of emergency rescue teams - by Decree of the Ministry of Labor of the Russian Federation of June 8, 1998 N 23 "On approval of the Regulations on recording the working time of citizens accepted into professional emergency rescue services, professional emergency rescue teams for the positions of rescuers"; - medical workers - "Regulations on the remuneration of healthcare workers of the Russian Federation", approved by order of the Ministry of Health of Russia dated October 15, 1999 N 377. November 1, 2002. "Consultant accountant", N 11, November 2002

Tatyana Dorofeeva

Can workers who are not members of a trade union apply to a trade union organization?

where else are they? what about the meaning? 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 just ...

Irina Pugacheva

Who is required to undergo a mandatory psychiatric examination?

Lawyer's response:
In accordance with Article 213 of the Labor Code of the Russian Federation, "employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as working in conditions of increased danger, undergo a mandatory psychiatric examination without less than once every five years in the manner prescribed by the Government of the Russian Federation. The list of employees subject to examination is compiled on the basis of the List of medical psychiatric contraindications for certain types of professional activities and activities associated with a source of increased danger.

Irina Soboleva

what percentage of night work pay should be if night work without the right to sleep

According to Article 96 of the Labor Code of the Russian Federation, payment for night hours from 10 p.m. to 6 a.m. is carried out at an increased rate provided for by the collective agreement of the organization, while it should not be lower than the rates established by the current legislation of the Russian Federation ...

Eduard Bogomazov

What threatens a person who has beaten his ex-wife. The woman has a concussion. brain 3 st. Examination confirm. causing minor harm to health

divorce, criminal case, conviction, compensation for moral damage to ex-wife. Plant - they will not plant, but he will get a good lesson

Natalia Matveeva

What is the procedure for applying to the "supervisory instance" court and who (what) plays this role?. I "played" for the Defendant. The case is within the framework of the Labor Code (Art 249). The magistrate's court received one decision. The plaintiff appealed against it in the district court. The district court (the judge - by his personal admission - a specialist in criminal cases) canceled the decision of the magistrate. What is a "supervisory authority" in this case? How long does it take to contact this authority? Does it make sense?

Lawyer's response:
Section IV. REVISION OF JUDICIAL DECISIONS THAT ENTERED INTO LEGAL CHAPTER 41. PROCEEDINGS IN THE COURT OF THE SUPERVISORY INSTANCE Article 376. The right to apply to the court of the supervisory instance1. Judicial decisions that have entered into legal force, with the exception of judicial decisions of the Presidium of the Supreme Court of the Russian Federation, may be appealed in the manner prescribed by this chapter to the court of supervisory authority by persons participating in the case and other persons if their rights and legitimate interests are violated by judicial decisions. .2. Judicial decisions may be appealed to a court of supervisory authority within six months from the date of their entry into legal force, provided that the said persons have exhausted other methods of appealing against a judicial decision established by this Code before the day it enters into force. Federal Law No. 330-FZ of December 4, 2007)3. The right to apply to the court of the supervisory instance with a proposal to review the decisions and rulings of the court that have entered into legal force, if a prosecutor has participated in the consideration of the case, have the officials of the prosecutor's office specified in Article 377 of this Code.

if you think that there are amendments that reduce the terms of punishment, then you are mistaken

Vasily Pchelintsev

If I haven't been on vacation since 2000 and haven't received vacation pay, will I be compensated for the entire period? upon dismissal

Lawyer's response:
But about 3 years is a moot point. In any case, refer to this - Host: "If a person, let's say, has worked for forty years and occasionally only took a week's vacation, he has accumulated a lot of rest not taken off. Will he be paid for everything?" Aleksey Anokhin, head of the department of the Federal Labor and Employment Service, said: "That's it. We do not have time limits in the Code that would allow, as it used to be, three years."

Inna Polyakova

Vacation calculation. Dear appponents, tell me. On the basis of what law, when calculating vacations, all school days and BC are deducted?? ?Thanks in advance

Lawyer's response:
Alexey Shukurov correctly pointed out Art. 121 of the Labor Code of the Russian Federation. I just want to specify to convince the employer. The so-called training days, that is, additional leave for employees who combine 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 was retained 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, excuse me, I just thought about it. Do they generally reduce your vacation by 28 calendar days for these periods? This is also illegal. These types of vacations are additional, and, of course, sick leave.

Olesya Romanova

Have there been social support measures for federal civil servants (medical workers) living in rural areas?

Lawyer's response:
MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT OF THE RUSSIAN FEDERATION LETTER No. 4795/MZ-14 dated March 15, 2006 Department for the Development of Medical Care and Resort Business on the issue of providing social support measures for paying utility bills to employees of federal health care institutions working and living in rural areas, and pensioners who worked in federal health care institutions, reports. In accordance with 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 normative living space used to calculate 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 housing and communal services services in the total family income. The size of the regional standards for the normative living space used to calculate 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. The rules for granting subsidies to pay for housing and utilities were approved by Decree of the Government of the Russian Federation of December 14, 2005 N 761 "On the provision of subsidies for the payment of housing and utilities." In view of the foregoing, medical workers of federal health care institutions living in rural areas can exercise this right 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. Annex to the order of Mi Ministry of Health of the Russian Federation dated October 15, 1999 N 377 REGULATION ON THE PAYMENT OF HEALTH WORKERS OF THE RUSSIAN FEDERATION<*>(as amended by Orders of the Ministry of Health of the Russian Federation of November 17, 2000 N 404, of April 24, 2003 N 160, of August 5, 2003 N 329, Orders of the Ministry of Health and Social Development of the Russian Federation of September 8, 2005 N 553, of September 5, 2006 N 649) 2.3. Specialists working in the countryside are paid 25 percent higher salaries (rates) compared to the salaries (rates) of specialists engaged in these types of activities in urban areas.

Stanislav Tsegelnik

please tell me dear .... the teacher of additional education was in a psychiatric clinic. Can he work with children and does he have to provide any certificate? do we have the right to demand any certificate from him? what to do in this case? send a request to the hospital?

Lawyer's response:
Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education" Article 53. Pedagogical activity1. The procedure for recruiting employees of educational institutions is regulated by their charters. Persons with an educational qualification, which is determined by the model regulations on educational institutions of the corresponding types and types, are allowed to teach in educational institutions. Persons to whom it is prohibited 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 teach in educational institutions. The list of relevant medical Contraindications are established by the Government of the Russian Federation. On the features of the regulation of the work of pedagogical workers, see Chapter 52 of the Labor Code of the Russian Federation Chapter 52. Features of the regulation of the work of pedagogical workers Article 331. The right to engage in pedagogical activities Persons with an educational qualification, which is determined in the manner established model regulations on educational institutions of the relevant types and types, approved by the Government of the Russian Federation. Persons deprived of the right to engage in teaching are not allowed to i teaching activities 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 as incompetent in the manner prescribed by federal law; state policy and legal regulation in the field of healthcare. COMMENT: Persons with diseases listed in the list are not allowed to teach. This list is approved by the federal executive body responsible for the development of state policy and regulatory legal regulation in the field of healthcare. Currently, the List of Medical Contraindications is not specifically approved, however, some prohibitions are contained in other regulatory legal acts. In order to determine the suitability of a person for teaching activities for medical reasons, when applying for a job in educational institutions, it is necessary to undergo a preliminary medical examination. In the future, teachers 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 activities, which includes employees of educational institutions, was approved by Decree of 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 Article 51, paragraph 3. Pedagogical employees of educational institutions are required to undergo periodic free medical examinations, which are carried out at the expense of the founder. Send for examination. Until it passes, you can suspend from work Article 76. The employer is obliged to suspend (not allow to work) of an employee who has not passed a mandatory medical examination (examination) in the prescribed manner, as well as a mandatory psychiatric examination in cases provided for by federal laws and other regulatory legal acts of the Russian Federation;

Grigory Udalov

Amendments to article 161 part 2 of the Criminal Code of the Russian Federation. Tell me please! 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 ITR (corrective labor work). How true is this and where can I see these amendments? Thanks in advance.

Lawyer's response:
You probably mean the "presidential" amendments to the Criminal Code. Indeed, one of these days 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 has not been passed. What it will be in the final version is difficult to predict. Now the following is written about this project (NOT published): “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 Soviet practice when they give, as as a rule, the average term is between the minimum and maximum.A new punishment will be introduced: forced labor.All this will allow bringing 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, 707,100 people). It is assumed that the most "light" first and second parts of the articles of the Criminal Code, which do not relate to crimes against the person, terrorist and other serious crimes, will be subject to change. Liberalization, apparently, will not affect crimes against human life and health. " P.S. There is NO CORRECTIONAL LABOR, at the moment there is only correctional labor in the Criminal Code.

Ekaterina Matveeva

What is the list of professions in which a mandatory psychiatric examination is necessary .. Where is this mentioned in the laws of the Russian Federation?

Lawyer's response:
"Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ Article 213. Medical examinations of certain categories of workers ... Employees engaged in certain types of activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse 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 September 23, 2002 N 695 (as amended on February 1, 2005) "On the passage of a mandatory psychiatric examination by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production factors) 1. These Rules determine the procedure for passing a mandatory psychiatric examination (hereinafter referred to as examination) by employees engaged in certain types of activities, including activities associated with sources of increased danger (with the influence of harmful substances and adverse production 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 Decree 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 email. mail

Igor Kolov

Why don't outside ambulance workers get a federal allowance (although I work full-time)?. The government decree does not stipulate that the bonus is paid to the main workers, but not to part-time workers - it says about the bonus for the quality of care provided to doctors and paramedics, respectively. It turns out that part-timers can work so-so. No one can answer the question - who at what level decided that part-time workers should not pay this allowance.

Lawyer's response:
Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 "On the peculiarities 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 , article 3) and Decree of the Government of the Russian Federation of April 4, 2003 N 197 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical and cultural workers" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 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 pedagogical, medical, pharmaceutical and cultural workers: employees have the right to carry out part-time work - the performance of 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 job or in other organizations, including in a similar position, specialty, profession, and in cases where an abbreviated working hours (with the exception of work for which sanitary and hygienic restrictions are established by the regulatory legal acts of the Russian Federation); b) the duration of part-time work of these categories of employees during the 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 the monthly norm of working time, calculated from the established duration of the working week; - for medical and pharmaceutical workers whose half of the monthly norm of working time for their main job is less than 16 hours per week - 16 hours of work per week; - for doctors and paramedical personnel of cities, regions 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 the federal executive authorities, and in institutions and other organizations that are under the jurisdiction of the constituent entities of the Russian Federation or local governments - in the manner determined by state bodies. the authorities of the constituent entities of the Russian Federation or local governments; - for junior medical and pharmaceutical personnel - the monthly norm of working hours, calculated from the established duration of the working week; Order of the Ministry of Health of the Russian Federation of October 15, 1999 N 377 "On approval of the Regulations on the remuneration of healthcare workers" (as amended on October 9, 2007) 6.1.6. Employees holding part-time positions of medical personnel in institutions of health care and social protection of the population, allowances are also paid for combined positions in the manner and on the conditions provided for these positions. I can send you the full text of this order

Alexey Kasatkin

Please help me sort out the issues of additional payments to doctors and nurses. Medical workers work in the department of anesthesiology and resuscitation, the departments work around the clock. Staff also work night shifts, weekends and public holidays. Since the new year, the surcharge for night and holiday 100% has been removed and now they pay only 20% and not a percentage more, referring to innovations - pay at the discretion of the manager, but not less than 20%, there is only one answer to staff questions: no one violates anything, paying only 20%, no money. And one more thing: how in such a mysterious way can a nurse, working in intensive care, contribute and increase her salary, if she circles around seriously ill patients 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, what documents to refer to (in the Labor Code of the Russian Federation, the surcharge is 100%, in the Decrees of the Government of the Russian Federation, at least 20%). I will be very grateful and grateful for your answers. Thank you!

Lawyer's response:
An additional payment in the amount of 100 percent of the hourly tariff rate (official salary) to medical personnel engaged in the provision of emergency, emergency and emergency medical care, field personnel and communication workers of ambulance stations (departments) for work at night was made on the basis of the ORDER OF THE MINISTRY OF HEALTH OF THE RUSSIAN FEDERATION October 15, 1999 N 377 "ON APPROVAL OF THE REGULATION ON PAYMENT OF HEALTH 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 of October 28, 2008 N 598n. Currently, payment for night work is made on the basis of Art. 154 of the Labor Code of the Russian Federation: "Each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms. The minimum wage increase for work in night time are established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The specific amounts of wage increases 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 dated July 22, 2008 N 554 "ON THE MINIMUM AMOUNT OF INCREASING PAYMENT FOR NIGHT WORK": "In accordance with Article 154 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides: To establish that the minimum wage The increase in wages for work at night (from 22:00 to 06:00) is 20 percent of the hourly tariff 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 changes to the local regulations of the institution (Regulations on wages, a collective agreement, etc.).

Julia Dmitrieva

can you write a list of medical professions with professional harm?

The professionalism of all doctors is that the work is very harmful ... And the elect receive bonuses for this from 50 to 15% ... 50% are psychiatrists and infectious disease specialists of especially dangerous infections ... Less are radiologists, radiologists, neuropathologists and pathologists. ..

Lilia Bobrova

They say: "The miser pays twice," but how do you feel about the fact..... ... that, the head physician, due to the initially (in my opinion) decision to "rejuvenate the team" - fired pensioners, and now, from -for the resulting damage in the budget, he wants to deprive paramedics and drivers of 50% of nightly payments. Really, the head of the MUZ - has the right to do this?

Lawyer's response:
The dismissal of pensioners is discrimination (see Articles 2, 3 of the Labor Code of the Russian Federation), respectively, pensioners can be reinstated at work with payment of earnings 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 pensioners by age is not in the list. THE MINISTRY OF HEALTH OF THE RUSSIAN FEDERATION ORDER dated October 15, 1999 N 377 ON THE APPROVAL OF THE REGULATION ON THE PAYMENT OF HEALTH WORKERS 5.1. Employees of healthcare institutions, including drivers of ambulance vehicles, who are on the staff of motor transport enterprises and other organizations, are paid extra for night work in the amount of 50 percent of the hourly tariff rate (official salary) for each hour of work at night: for workers - at the rate of hourly wage rate (salary), taking into account the increase for work in hazardous and especially difficult working conditions; medical, pharmaceutical workers, specialists and employees - based on the official salary for their position. Medical personnel engaged in the provision of emergency, emergency and emergency medical care , 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 units (positions) is approved by the head of the institution in agreement with the elected trade union body. The time from 10 pm to 6 am is considered night time. The head physician has no right to deprive employees of allowances established by the Ministry of Health in accordance with the Labor Code of the Russian Federation. . Violation of the legislation on labor and labor protection1. Violation of the 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; on persons engaged in entrepreneurial activities without forming a legal entity - from five to fifty times the minimum wage or an administrative suspension of activities for a period of up to ninety days; on legal entities - from three hundred to five hundred times the minimum wage or an administrative suspension of activities for a period of up to ninety days.2. Violation of the legislation on labor and labor protection by an official who was previously subjected to administrative punishment for a similar administrative offense - entails disqualification for a period of one to three years. . The Federal Labor Inspectorate and its subordinate state labor inspectorates1 in Moscow. The Federal Labor Inspectorate and the state labor inspectorates subordinate to it in Moscow consider cases of administrative offenses provided for in part 1 of Article 5.27.2. To consider cases of administrative offenses on behalf of the bodies specified in part 1 of this article, the following have the right: 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.

Ksenia Zakharova

Kochetkov joined the primary trade union organization operating with his employer, whom about this ...

The worker, acting alone, cannot protect himself from the illegal actions of the employer, achieve better working conditions or the adoption of laws necessary for him. At the same time, he feels a direct influence - pressure on himself from outside ...

Vadim Nukhimovich

The procedure for notifying the employer of the established trade union organization

Lawyer's response:
How to create a primary trade union organization? The initiative to create a trade union organization of water transport workers of the Russian Federation may come from employees of a transport complex enterprise, or those working at enterprises of other industries related to water transport with common labor and professional interests, as well as students (cadets, students) of educational institutions (Article 1.2. of the Charter of the Trade Union ) Preparatory stage. - Creation of an initiative group from among the employees who believe that HRT is needed in the organization. In the future, this initiative group, with the support of specialists from the Trade Union, will carry out all the work to create a primary trade union organization; - Carrying out explanatory work on the need to create a trade union organization and collecting applications for admission to the RF Trade and Trade Union; Preparation and holding of the constituent assembly. - Determining the date, time and place of the constituent assembly. Informing employees who have written applications and wish to join the Trade Union. Note: the process of admission of workers to the Trade Union may continue after the founding meeting, in the manner determined by the Charter of the HTP. At the constituent assembly it is necessary to resolve the following issues: - create a primary trade union organization; - accept as members of the Trade Union those present at the meeting in accordance with the applications submitted by them; - elect the chairman of the primary trade union organization, the trade union committee and the control and audit commission; - make a decision to register the primary trade union organization (professional service) with the territorial organization of the HRT and delegate an authorized representative of the trade union organization to the corresponding bascomflot (an elected body of the territorial organization of the HRT, operating in this territory); - to determine the procedure for paying trade union dues; (for organizations that are not legal entities). Notification of the employer about the creation of a primary trade union organization. The fact of creating a primary trade union organization must be documented. To do this: 1. the minutes of the constituent assembly are drawn up. 2. the employer is officially informed (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 founding meeting and a copy of the decision of the territorial committee of the HWP (Baskomflot) on the creation of a primary trade union organization and its inclusion in the register of the Trade Union. Note: The first practical action 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, a notification of the intention to start negotiations on the conclusion of a collective agreement and specific proposals on its content is sent to the employer, this will help increase the authority of the newly created organization. More -

Alla Petukhova

The mandatory composition of the commission for the investigation of an accident includes

Lawyer's response:
The commission includes a labor protection specialist or a person appointed responsible for organizing work on labor protection by an order (instruction) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of employees, 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 field of activity. When investigating an accident (including a group one), as a result of which one or more victims received severe injuries to health, or an accident (including a group one) with a fatal outcome, the commission also includes a state labor inspector, representatives of the executive authority of a 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 insurer). 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.

Vera Denisova

Vacation schedule?. How is the vacation schedule set up? That is, during what period should it be drawn up for the next year? And how do employees 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, in June, but the authorities do not want to set it for this month. For example, referring to the fact that many people go on vacation this month or for another reason. How legitimate is this?

Lawyer's response:
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 start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations. Certain categories of employees, in the cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. (Article 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 belong, then leave will be granted when the employer deems it necessary. 99% of employees want to go on vacation in the summer, so now all enterprises are closed for this?

Valery Pavleev

Which one of us deserves a vacation? At work, the following situation has developed: there are two people who have 10 days of non-holiday vacation, for one girl the vacation time comes in late September or early October, for the other in mid-October, but she already took at her own expense in July, and I one more employee vacation at the end of November. More than one person is not allowed on vacation, and everyone wants a vacation in December, and at the end. I need from December 12 to December 26, all of the above apply for this time (more precisely, for its last week), in addition there is another employee whose vacation is suitable for December 20. How to get a vacation at the right time for me? Which one of us has the priority right to vacation in December?

Lawyer's response:
Article 123. The sequence of granting paid holidays 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 start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations. The vacation schedule is mandatory for both the employer and the employee.

Vasily Konovnitsyn

The leader takes a vacation, should there be compensation? I am graduating, 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 him. Despite the fact that there was no vacation for the session, there were only deductions from the salary for missed days. Is there compensation from the director for postponing the vacation? What dir. does not comply with the Labor Code is not a secret for a long time, I do not leave, because few places like to hire students.

Lawyer's response:
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 the following cases: temporary disability of the employee; performance 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 provided for by labor legislation, local regulations. If the employee was not timely paid for the annual paid leave or the employee was warned about the start time of this leave later than two weeks before it began, the employer, upon the written application of the employee, is obliged to postpone the annual paid leave for another period agreed with the employee. In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted. It is prohibited not to grant 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 employed in jobs with harmful and (or) dangerous working conditions. Article 358 ... State labor inspectors are required to keep legally protected secrets (state, official, commercial and other), which became known to them in the exercise of their powers, and also after leaving their positions, to consider absolutely confidential the source of any complaint about shortcomings or violations of the provisions of the labor legislation and other normative legal acts containing labor law norms, refrain from informing the employer of information about the applicant if the verification is carried out in connection with his appeal, and the applicant objects to informing the employer about the source of the complaint. Go ahead with the song. You are right, the employer does not. Article 123 local regulations. The vacation schedule is mandatory for both the employer and the employee. The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation.

Ruslan Semidevkin

Do employees need to write any statements when moving from old structural units to new ones?

for reasons related to changes in organizational or technological working conditions In the event that, for reasons related to changes in organizational or technological working conditions (changes in equipment 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 changing the labor function of the employee. The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, at least two months in advance, unless otherwise provided by this Code. If the employee does not agree to work under the new conditions, the employer is obliged in writing to offer him another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or a lower-paid job), which the employee can perform taking into account his health status. 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 given 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 the refusal of the employee from the proposed work, the employment contract is 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 the mass dismissal of employees, the employer, in order to save 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, to adopt local regulatory acts, introduce a part-time (shift) and (or) part-time working week for up to six months. If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated in accordance with clause 2 of part one of Article 81 of this Code. At the same time, the employee is provided with appropriate guarantees and compensation. Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization. Changes in 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. Ask for help from the Federal Priority for Granting Annual Paid Leave. You will somehow state the question more delicately, or else they will really think that they are being sprayed, and you are executioners. article 297 The rotational method is used when the place of work is significantly removed from the place of permanent residence of employees or the location of the employer in order to reduce the time for construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as in order to implement other production activities. Employees involved in work on a rotational basis, while at the work site, live in shift camps specially created by the employer, which are a complex of buildings and structures designed to ensure the vital activity of these workers during the performance of work and inter-shift rest, or in those adapted for these purposes and paid at the expense of 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 prescribed by Article 372 of this Code for the adoption of local regulations.
Changing the terms of the employment contract determined by the parties 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 equipment and production technology, structural reorganization of production, other reasons), determined by the parties the terms of the employment contract cannot be saved, they can be changed at the initiative of the employer, with the exception of changing the labor function of the employee. The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, at least two months in advance, unless otherwise provided by this Code. If the employee does not agree to work under the new conditions, the employer is obliged in writing to offer him another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or a lower-paid job), which the employee can perform taking into account his health status. 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 given 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 the refusal of the employee from the proposed work, the employment contract is 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 the mass dismissal of employees, the employer, in order to save 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, to adopt local regulatory acts, introduce a part-time (shift) and (or) part-time working week for up to six months. Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization. Changes in 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 start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations . The vacation schedule is mandatory for both the employer and the employee. The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation. Certain categories of employees, in the cases provided for by this Code and other federal laws, are granted annual paid leave 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 Recall from vacation The order of granting annual paid holidays The order of granting paid holidays 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 start of the calendar year in the manner established by Article 372 of this Code for adoption local regulations. The vacation schedule is mandatory for both the employer and the employee. The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation. 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; performance 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 provided for by labor legislation, local regulations. If the employee was not timely paid for the annual paid leave or the employee was warned about the start time of this leave later than two weeks before it began, the employer, upon the written application of the employee, is obliged to postpone the annual paid leave for another period agreed with the employee. In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted. It is prohibited not to grant 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 employed in jobs with harmful and (or) dangerous working conditions. Article 125 Recall from vacation By agreement between the employee and the employer, the annual paid vacation can be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days. Recall of an employee from vacation is allowed only with his consent. The unused part of the vacation in connection with this must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year. Employees under the age of eighteen, pregnant women and employees employed in jobs with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

Daniel Konstantinovsky

If the company is registered in Moscow, can it organize a shift method of work in Moscow for workers from other regions

Lawyer's response:
article 297 The rotational method is used when the place of work is significantly removed from the place of permanent residence of employees or the location of the employer in order to reduce the time for construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as in order to implement other production activities. Employees involved in work on a rotational basis, while at the work site, live in shift camps specially created by the employer, which are a complex of buildings and structures designed to ensure the vital activity of these workers during the performance of work and inter-shift rest, or in those adapted for these purposes and paid at the expense of 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 prescribed by Article 372 of this Code for the adoption of local regulations. Where will they work?

New edition Art. 377 of the Labor Code of the Russian Federation

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

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

Commentary on Article 377 of the Labor Code of the Russian Federation

The trade union is understood as a voluntary public association of citizens connected by common production, professional interests by the nature of their activity, created in order to represent and protect their social and labor rights and interests (clause 1, article 2 of the Federal Law of 12.01.1996 N 10-FZ " On trade unions, their rights and guarantees of activities).

Primary trade union organization - a voluntary association of trade union members working, as a rule, at one enterprise, in one institution, one organization, regardless of the form of ownership and subordination, acting on the basis of a provision adopted by it in accordance with the charter or on the basis of the general provision on the primary trade union organization of the relevant trade union.

A trade union member is a person (employee, temporarily unemployed, pensioner) who is a member of the primary trade union organization.

An employee is an individual working in an organization on the basis of an employment contract (contract), engaged in individual entrepreneurial activities, studying in an educational institution of primary, secondary or higher professional education.

Since trade union organizations are one of the types of public associations, their property is formed, among other things, on the basis of entrance and membership fees, if their payment is provided for by the charter. Consequently, the trade union organization has the right to receive entrance and membership fees for the conduct of statutory activities.

Please note that in accordance with Article 217 of the Tax Code of the Russian Federation, payments made by trade union committees (including material assistance) to members of trade unions at the expense of membership fees, with the exception of remuneration and other payments for the performance of labor duties, as well as payments made by youth and children organizations to their members at the expense of membership fees to cover the costs associated with holding mass cultural, physical culture and sports events are not subject to personal income tax.

Consequently, when members of the trade union receive payments from the trade union committee in the form of material assistance, for the education of their son at the institute, for treatment, for improving housing conditions, as well as gifts for the holidays, they are not included in the tax base for personal income tax of such individuals if they were paid for membership dues account. Moreover, if these payments are made to members of their families, then they are subject to personal income tax on a general basis.

The object of UST taxation for organizations is recognized as payments and other remuneration accrued by taxpayers in favor of individuals under labor and civil law contracts, the subject of which is the performance of work, the provision of services (with the exception of remuneration paid to individual entrepreneurs), as well as under copyright agreements (p. 1 article 236 of the Tax Code of the Russian Federation).

Members of the trade union are not in labor or civil relations with your trade union committee. Consequently, when they receive payments from the trade union committee in the form of material assistance, for their son's education at the institute, for treatment, for improving housing conditions, as well as for receiving gifts for the holidays, UST is not charged.

Trade union organizations of any level are independent entities that carry out statutory and financial and economic activities in accordance with their charters or other constituent documents. Consequently, the amount of various payments and remuneration for their trade union members can be determined by the trade union committee and the trade union organization independently.

According to Article 7 of Law N 10-FZ, trade unions and their associations are given the right to independently develop and approve their charters, regulations on primary trade union organizations, their own structure, form trade union bodies, organize their activities, hold meetings, conferences, congresses and other events.

At the same time, we draw your attention to the fact that the charter of the trade union must necessarily provide for:

Aims and tasks of the trade union;

Conditions and procedure for the formation of a trade union, admission to the membership of the trade union and withdrawal from it, the rights and obligations of members of the trade union;

The territory within which the trade union operates;

organizational structure;

The procedure for the formation and competence of trade union bodies, the terms of their powers;

The procedure for making additions and changes to the charter, the procedure for paying entrance and membership fees;

Sources of income and other property, the procedure for managing the property of trade unions;

Location of the trade union body;

The procedure for the reorganization, termination of activities and liquidation of the trade union, the use of its property in these cases;

Other issues related to the activities of the trade union.

As for the employer, he is obliged to provide the elected bodies of the primary trade union organizations with a room free of charge for holding meetings, storing documentation, and also to provide the opportunity to post information in a place accessible to all employees.

And those employers whose number of employees exceeds 100 people must also provide at least one equipped, heated, electrified room free of charge. And also, in addition, office equipment, communication facilities and the necessary regulatory legal documents. This is the legal minimum. Other improving conditions for ensuring the activities of these trade union bodies may be provided for by the collective agreement.

The collective agreement can also provide for the obligation of the employer to make monetary contributions to the primary trade union organization for mass cultural and sports and recreational work.

At the written request of an employee who is a member of a trade union, the employer monthly transfers trade union membership dues from the wages of employees to the account of the trade union organization free of charge. Moreover, the Code clearly states that the delay in such transfers is unacceptable. But the work of the head of the elected body of the primary trade union organization can be paid, carried out at the expense of the employer in the amount, again, if this is stipulated in the collective agreement.

Another commentary on Art. 377 of the Labor Code of the Russian Federation

1. The employer is obliged to assist the trade unions in the implementation of their statutory activities. This assistance is provided on the basis of the recognition of the trade union as the legal representative of the rights and interests of trade union members, the social partner of the employer.

2. The main obligation of the employer to ensure the activities of the trade union is to provide the latter with the necessary technical means for conducting trade union activities. At the same time, the employer, by virtue of the law, is responsible for ensuring the activities of the primary trade union organization only, but not of higher trade union bodies.

Any employer is obliged to provide the primary trade union organizations, regardless of how many such organizations unite its employees, with a room for storing documentation, holding meetings and a place for posting trade union information. The employer is not obliged to transfer the place for holding meetings to the trade union organization for permanent use. The specific characteristics of the provided premises and places for posting information, the procedure for providing premises for holding meetings (meetings) are determined in the collective agreement.

The employer is also obliged to transfer in a non-cash form to the account of the relevant trade union organization trade union membership dues from the wages of employees. The condition for such a transfer is the submission by an employee who is a member of a trade union of a written application for a non-cash transfer of trade union membership dues to the account of the trade union organization. The employer is not entitled to demand payment from the trade union for the specified transfer. The specific procedure for transferring funds is determined by the collective agreement. The non-cash procedure for transferring trade union membership dues allows the trade union to minimize its organizational and financial costs. At the same time, it enables the employer to obtain information on the membership of specific individuals in the trade union and on the amount of funds received by the trade union as trade union membership dues.

3. The employer, the number of employees of which exceeds 100 people, is assigned additional obligations to ensure the activities of trade unions. He is obliged to provide the primary trade union organizations with premises suitable for permanent work, office equipment, means of communication and the necessary legal documents. At the same time, one room can be allocated for the needs of all trade union organizations. In this case, the procedure for using the relevant premises and technical means is determined by an agreement between the primary trade union organizations. The provision of premises and technical facilities for the needs of each trade union organization is determined separately by the collective agreement. The collective agreement also establishes specific characteristics (location, area, etc.) of the allocated premises and technical means.

4. In addition to working to represent the rights and interests of their members before the employer, trade unions may carry out mass cultural and physical culture and health-improving work. To ensure this activity, the employer has the right to provide trade unions with facilities suitable for conducting the relevant work, as well as deduct funds. The mutual obligations of the parties to conduct such work are determined by the collective agreement.

The trade union in this case is entrusted with the duty not to discriminate against workers. The payment for the use of transferred objects for workers should be equal regardless of membership in the trade union.

9.1. Joint Commitments:

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

9.2. Obligations of employers:

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

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

9.3. The obligations of the trade union:

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

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

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

9.4. Obligations of the Federal Space Agency:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Obligations of the employer to create conditions for the implementation of the activities of the elected trade union body. union

Article 377

Legal advice under Art. 377 of the Labor Code of the Russian Federation

Commentary on Article 377 of the Labor Code of the Russian Federation

Another commentary on Art. 377 of the Labor Code of the Russian Federation

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