Council of the labor collective of a cultural institution. Work collectives and their powers. Labor Code of the Transnistrian Moldavian Republic

Labor Code does not contain the concept of “advice” labor collective" The procedure for the election and competence of this association of workers is also absent from the Code. This article will help you understand what this advice is and why it is necessary.

General provisions

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

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

promotes the unification of employers and employees in achieving common production goals;
enables the workforce to express their ideas and proposals regarding the employer’s production and organizational activities, supports and promotes them;
increases the transparency of the management system in the organization;
ensures protection of workers' rights, etc.

When creating the STC, the charter or regulations of the council are approved and employee representatives who will join the council are elected.

To regulate the procedure for the creation and further functioning of the council, the charter or regulations on the STC are approved. This document should regulate the following issues:

goals and objectives of the council;
functions (competence) of the council;
the procedure for forming its composition, the number of council members, the structure of the body, requirements for the employee representative;
rights, duties and responsibilities of members of the STC;
rights and responsibilities of organization leaders;
the procedure for interaction between the board and management;
other provisions.

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

The structure of the council usually includes:

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

In the process of elections to members of the STC and to the above positions, the principle of equality must be observed. However, the council should not include:

student interns;
interns;
temporary workers.

The document regulating the activities of the STC stipulates the following rights and responsibilities of the chairman:

organization of work on current issues;
drawing up a work plan for the STC, which must be approved by the council;
organizing the council meeting process, participating in the preparation of issues that need to be resolved at the meeting;
issuing operational tasks to council members and monitoring their implementation;
ensuring the transparency of the work of the STC and the implementation of council decisions;
the right to propose candidates for deputy chairman and secretary;
report on the results of the STC activities before the meeting of the labor collective.

Conclusion

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

According to labor legislation, employees have the right to create trade unions and associations to defend their interests, protect their rights, and resolve common issues. However, not every company has a representative body of workers; this association is completely voluntary. The Labor Collective Council is one of the types of representative bodies of workers; its activities do not depend on the activities of executive power or local government, employers and their associations. Workers' unions are not affiliated or controlled by the groups listed above.

Labor Council: election procedure and competence

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

The procedure for electing a labor council and organizing the activities of a representative body of workers is not regulated by the Labor Code. This procedure remains at the discretion of the workers: they need to do this on their own; to do this, they can adopt a regulation on a representative body (Regulations on the Council of the Work Collective) and establish in it the procedure for electing workers to the council and their activities in the association. To create a labor council or other representative body, workers must hold a meeting.

Thus, the election of the work collective council is carried out by the collective independently and voluntarily. A meeting of workers is organized, and during the meeting, those citizens who will further represent the interests of the group are elected. The choice takes place through voting - it can be either open or secret. The employer cannot influence this activity in any way - neither organize the creation of a council, nor coordinate its creation in any way.

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

Chairman of the Council - he is responsible for organizing all activities of the council;
Deputy chairmen of the council are citizens who are directly subordinate to the chairperson, provide him with support, carry out assignments, and are often responsible for the work of a certain area;
Secretary - a responsible employee who keeps minutes of the council of the labor collective (records everything that happens at the meeting), conducts office work of the association;
Working commissions (commissions can be temporary or permanent) are usually appointed to work on various areas of the company's activities;
Council members take part in general meetings of the council, participate in decision-making on issues that were brought up for discussion by the council, carry out tasks assigned to them by the management of the council, and take initiatives.

The employer is obliged to listen to the opinion of the work council on a number of issues defined labor legislation. Thus, in certain cases, before final approval of a draft local regulatory act, the employer must show it to the association of employees and obtain their consent to adopt this act. Within five days, the labor council must review the submitted project and send its opinion to the employer. If the employer and the employee council do not come to a common decision on the document and cannot agree, the employer can accept it, but employees have the right to appeal it through the court or file a complaint with state inspection labor.

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

A work collective is a voluntary association of hired workers for the joint use of labor at a specific enterprise (organization, institution) on the basis of an employment contract.

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

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

Unlike the Trade Union Committee, which mainly resolves issues of production and improving the efficiency of the enterprise, the trade union committee carries out protective and social functions(raises questions about increasing wages, improving working conditions, labor protection, social development of the team).

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

considers and resolves issues of self-government of the labor collective;
has the right to make proposals to the management bodies of the enterprise;
has the right to receive information from the employer on production issues;

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

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

The company's profit sharing system is as follows. A special fund is formed at the enterprise using funds contributed by the enterprise and personnel (employees). These funds are accounted for in personal accounts opened for each member of staff. The amount of contributions made by the enterprise is distributed among employees in proportion wages each of the employees. With these funds, the employee can buy shares, bonds of his enterprise, government bonds, etc., but he cannot simply withdraw them within a specified period.

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

Can a work council and a trade union exist in an organization at the same time if more than half of the employees belong to the trade union?

An organization may have two employee representative bodies, for example, a works council and a trade union or two trade unions.

Legal basis:

Article 52 of the Labor Code of the Russian Federation establishes that the right of employees to participate in the management of an organization directly or through their representative bodies is regulated by the Labor Code of the Russian Federation, other federal laws, constituent documents of the organization, collective agreement, agreements.

According to Article 37 of the Labor Code of the Russian Federation, representatives of the parties participating in collective negotiations are free to choose issues of regulation of social and labor relations. Two or more primary trade union organizations, collectively uniting more than half of the employees of a given employer, by decision of their elected bodies, can create a single representative body for conducting collective bargaining, developing a single draft collective agreement and concluding a collective agreement (hereinafter referred to as the single representative body).

A primary trade union organization that unites more than half of the organization’s employees, an individual entrepreneur, has the right, by decision of its elected body, to send to the employer (his representative) a proposal to begin collective bargaining on behalf of all employees without first creating a single representative body.

In accordance with paragraph 1 of Art. 16 of the Federal Law of January 12, 1996 N 10-FZ “On trade unions, their rights and guarantees of activity,” relations of trade unions, primary trade union organizations and their bodies with other representative bodies of workers in the organization are built on the basis of cooperation. The presence of other representative bodies of workers in the organization cannot be used to impede the activities of trade unions in accordance with the specified Federal Law.

Information portal of Rostrud "Online inspection.RF", October 2017

Provisions

I. General provisions
1. The council of the labor collective is an elected, permanent body of the democratic management system, exercising its functions and rights in conditions of wide publicity on behalf of the entire labor collective of the enterprise (structural unit of the association)1.
2. In its activities, the labor council is guided by legislative and regulatory documents regulating the activities of the enterprise.
3. In the conditions of the functioning of the council, interaction between the administration, the enterprise and the workforce, party, trade union, Komsomol organizations, individual workers, specialists, and employees is ensured.
4. The council unites and centralizes the management functions of various bodies of the enterprise and implements the ideas of self-government through the workforce.
5. In its activities, the council is accountable to the general meeting (conference) of the enterprise’s workforce.
6. The labor collective council works according to a plan approved by it, which is brought to the attention of all members of the labor collective. Along with the issues provided for in the plan, other issues may be considered at the initiative of the administration, public organizations, structural divisions, and individual members of the workforce.
7. Heads of the enterprise, structural divisions, interested parties, and specialist consultants may be invited to meetings of the council (presidium).
8. On the issues under consideration, the council makes decisions, which are considered adopted if a majority of the council members present vote for them.
9. The decisions of the labor council are binding on the administration, public organizations and members of the workforce.
10. A protocol is kept on the issues discussed, which is signed by the chairman and secretary of the council. The contents of the protocol are brought to the attention of members of the work collective.
__________
1 Hereinafter will be referred to as “enterprise”.

II. Tasks
Development of self-government and creative initiative of workers, mobilization of the team’s forces to solve scientific, technical and socio-economic problems, strengthening the team’s responsibility for the final results of work.
III. Structure and formation of the council
1. The labor collective council is elected at a conference (general meeting) of the enterprise staff by secret or open voting.
2. The meeting is considered valid if more than half of the total number of team members participates in it, and the conference - at least 2/3 of the delegates.
Meetings (conferences) are convened as needed, but at least twice a year.
3. A conference (meeting) of the labor collective decides on the number of members of the council.
4. All members of the labor collective council are elected on equal terms. Seasonal, temporary workers, and interns are not elected to the council.
5. Candidates for council members are nominated at conferences (meetings) of the structural divisions of the enterprise.
6. Representatives of the enterprise administration should not exceed more than a quarter of the total number of members of the labor council.
7. The labor council has internal structure, the main elements of which are: the chairman, his deputies, the secretary, working commissions (permanent and temporary), members of the council of the labor collective, who are elected from its composition by a majority vote of the council members1.
7.1. The chairman carries out organizational and operational work on current issues, organizes the activities of the council during its meetings.
Organizes the development of a work plan for the council and submits it for approval by the council.
Issues operational tasks, monitors the progress of preparing issues for the council meeting.
Ensures the transparency of the work of the council and the implementation of its decisions. Proposes the candidacies of his deputies and secretary for approval by the council. Reports to the conference (meeting) the results of the council’s activities2.
7.2. The secretary carries out office work, keeps minutes of meetings, and records the performance of duties by members of the labor council.
7.3. Working commissions are formed within the council from its members3 to organize work in certain areas of production and economic activity of the enterprise (scientific, technical, organizational, regulatory, etc.),
7.4. A member of the labor collective council takes part in resolving issues brought up for discussion by the council and performs the range of tasks assigned to him. Submits proposals concerning the life of the work collective to the council for consideration, obeys the decisions of the council, and in case of disagreement informs the council about it.
__________
1 By decision of a meeting (conference) of the labor collective, councils of collectives of structural divisions may be created that operate on the basis of the same principles as the council of the labor collective of the enterprise.
2 A number of enterprises practice the creation of a presidium, which organizes the preparation of materials for consideration by the council, decides on the issue of extraordinary convening of the council, and resolves other current issues delegated to it by the council. In this case, the chairman of the council also manages the presidium of the council, the secretary of the council is also the secretary of the presidium.
3Specialists may be involved as consultants in working commissions.
__________________________________________________________

IV. Functions
1. Consideration and approval at the conference of promising and current plans production, reconstruction and technical re-equipment, saving all types of resources, social development, etc.
2. Review and approval of proposals for improvement at conferences organizational structure enterprises and management methods, profit distribution projects, estimates for the use of economic incentive funds, draft collective agreements, etc.
3. Development and approval, within the limits of their powers, of regulatory documents and acts regulating the basics of economic management and the development of democratic principles of management.
4. Carrying out a policy of improving the quality of all work and products, increasing organization and discipline at the enterprise.
5. Participation in certification at the enterprise, ensuring democracy and transparency during its process.
6. Development of organizational, economic and social measures influence on the team for the further development of the creative initiative of employees, the introduction on this basis of the latest achievements of science and technology, advanced experience, rationalization proposals, and inventions.
7. Participation in assessing the level of social development of the team, studying the needs and interests of team members, participation in planning social and economic indicators for the future.
8. Solving issues of housing construction, construction of children's and medical institutions, cultural and community facilities.
9. Consideration of measures to preserve health, ensure safe working conditions, improve the culture and aesthetics of production.
10. Identification of candidates for referral to study at higher and secondary vocational schools educational establishments, for advanced training courses, etc.
11.

Providing methodological assistance to councils of structural divisions and production teams, conducting training for council members on management, economics, sociology, etc.
12. Determination of the procedure for the appointment and election of management employees of the enterprise, their movement and dismissal. Hearing reports and evaluating activities management team.
13. Information from the workforce about economic, economic and social life enterprises.
V. Rights
1. Make independent decisions within the limits of your powers and in accordance with the law, monitor implementation decisions made.
2. Prohibit illegal actions of any management bodies and officials of the enterprise.
3. Raise before the conference (general meeting) the issue of applying economic, moral and administrative sanctions, up to and including the removal of the manager (including the director) from his position, if he does not ensure the successful activities of the team, violates labor laws or ignores the decisions of the council.
4. Recommend to the director of the enterprise candidates for the positions of heads of structural divisions.
5. Involve any team member in your work, request information on the issues under consideration, and issue individual tasks.
6. Rebuild the structure and nature of its activities in the process of developing the democratic foundations of governance.
7. Resolutions and decisions of the labor collective council can be canceled by a conference (meeting) of the collective.
8. A member of the labor collective council cannot be transferred to another job, dismissed or subjected to administrative penalties and material sanctions without the consent of the labor collective council.
9. If a member of the council fails to fulfill his duties, makes decisions that lead to damage to the enterprise, or loses the trust of the team, he may be deprived of his powers ahead of schedule. The decision to recall a member of the council is made by a conference (meeting) of the labor collective.
VI. Responsibility
The chairman of the council, the secretary of the council, and its members bear full responsibility for the quality and timeliness of fulfillment of the tasks and functions assigned by these Regulations to the labor collective council.

Article 235.1. Powers of the workforce

(as amended by the Russian Federation dated September 25, 1992 N 3543-1)

The workforce of an enterprise, regardless of its organizational and legal form:

decides on the need to conclude a collective agreement with the administration, reviews and approves its draft;

considers and resolves issues of self-government of the labor collective in accordance with the charter of the enterprise;

determines the list and procedure for providing employees of the enterprise with social benefits from the funds of the labor collective;

determines and regulates the forms and conditions of activity of public organizations at the enterprise;

resolves other issues in accordance with the collective agreement.

The workforce of a state or municipal enterprise, as well as an enterprise in whose property the contribution of the state or the local Council of People's Deputies is more than 50 percent:

reviews and approves, together with the founder, changes and additions made to the charter of the enterprise;

determines, together with the founder of the enterprise, the terms of the contract when hiring a manager;

makes a decision to separate one or more structural divisions from the enterprise to create a new enterprise;

participates in resolving the issue of changing the form of ownership of the enterprise in accordance with and within the limits established by law Russian Federation and republics within the Russian Federation.

The procedure and forms for exercising the powers of the labor collective are determined in accordance with the legislation of the Russian Federation. On state and municipal enterprises, as well as at enterprises in whose property the contribution of the state or the local Council of People's Deputies is more than 50 percent, the powers of the labor collective are exercised by the general meeting (conference) and its elected body - the council of the labor collective.

Relations between the workforce and the employer, labor protection, social development, the participation of employees in the profits of the enterprise is regulated by the legislation of the Russian Federation, the charter and the collective agreement.

LABOR COUNCIL OR IS IT A TRADE UNION?

IN Lately Some employers are making attempts to replace primary trade union organizations in social partnership with other employee representatives controlled by the employer, in particular the so-called labor collective councils (STK). The actions of employers in such substitution pose a considerable threat. If there is no trade union organization or when the primary trade union organization is weakened, there is no one to protect workers.

WHAT ARE STC AND TRADE UNION AND HOW ARE THEY DIFFERENT?

The Labor Code of the Russian Federation assigns to trade unions the position and rights of the main representatives of workers and only when certain conditions indicates other representatives. In other words, the legislator provides for the creation of a representative body other than a trade union to represent the interests of workers in a social partnership not arbitrarily at the request of the employer, but only in 2 cases, when:

— the employees of this employer are not united in any primary trade union organizations;

- none of the existing primary trade union organizations unites more than half of the employees of a given employer and is not authorized to represent the interests of employees in social partnership at the local level.

The election of a representative body of employees is carried out at a general meeting (conference) of employees by secret ballot. At the same time, the functions of the STC are unclear, and the powers are insignificant; in addition, the labor legislation does not specify what the STC should be guided by in its activities. Of no small importance is the fact that the STC, being a representative of employees, is not based on membership and is not part of other organizations that have a higher (legal, political, etc.) status, and, therefore, does not have a higher organization. STC is not an alternative to the primary trade union organization and, in accordance with Art. 31 of the Labor Code of the Russian Federation in its activities does not have the right to replace the primary trade union organization, moreover, the STC cannot be an obstacle to the exercise of its powers by the primary trade union organization. From all that has been said, the question arises: to whom is the STC accountable, to whom is it responsible, who has the right to hold it accountable “for the results of its work”? Formally, the STC is accountable to the general meeting (conference) of employees. But a general meeting (conference) of employees, as a rule, is held no more than once a year. In addition, if employees made the decision to create an STC under the “pressure” of the employer, then they will approve any report in the same way and approve any actions of the STC. Therefore, in fact, there is no one (with the exception of the employer) to demand a report on the activities of the STC.

In their activities, trade unions are guided by legislation and the charters adopted by them. In addition to the Constitution of the Russian Federation, the Federal Law “On Trade Unions, Their Rights and Guarantees of Activities” (taking into account the introduction of the Code), trade unions use the Federal Law “On Public Associations”

Trade unions and their associations independently approve their charters, regulations on primary trade union organizations, their structure, form trade union bodies, organize their activities, hold meetings, conferences, congresses and other events. Whereas it is not clear what the STC should be guided by in its activities.

Only the trade union (and not any other representative body) is vested with the right to monitor compliance by the employer and its representatives with labor legislation (Article 370 of the Labor Code of the Russian Federation). Only a trade union has the right to appeal a local regulatory act adopted by the employer to the state labor inspectorate or to court (Article 372 of the Labor Code of the Russian Federation). Only a trade union (and no other representative body) has the right to go to court in the interests of an employee (Part 1 of Article 391 of the Labor Code of the Russian Federation). Upon termination of an employment contract at the initiative of the employer, Art. 373 of the Labor Code of the Russian Federation provides for taking into account only the opinion of the elected body of the primary trade union organization (the participation of any other representative body is not provided for).

SCREEN FOR EMPLOYER

Based on the analysis of the Labor Code of the Russian Federation, we can say that the main purpose of the STC is representation - to represent the interests of workers when concluding a collective agreement and when adopting local regulations. The trade union is also given the function of monitoring the employer’s compliance with the law. The STC represents the interests of workers only at the level of the organization (enterprise), while the trade union carries out the function of representation not only at the level of the organization (enterprise), but also at the state level (in state and municipal organizations). The purpose of trade union representation is to create additional (compared to existing) benefits and services (for social services, social security, additional health insurance, etc.).

A trade union has the right to represent the interests of all employees of an organization (enterprise), and not just trade union members. Why then is it necessary to pile up the institution of representation and create some other representative body of workers in the organization, and not authorize the primary trade union organization to represent the interests of all workers? Most often, this is beneficial for the employer, in order to make his “life” easier, to act on the “divide and conquer” principle. The status of the STC - it is not clear who will be included in the STC often depends on the employer, and if it includes a majority of people pleasing to the employer, then everyone understands what this will lead to. If workers are not satisfied with the current composition of the primary trade union organization, then they have the right to draw appropriate conclusions and re-elect members of the trade union committee (primary trade union organization). If the current trade union committee does not suit the employer, then you need to think before following the employer’s lead and electing the Trade Union Committee, and whether employees generally need such a body created to please the employer. Moreover, for issues that the STC, as a representative body of workers, has the right to consider, the competence of the trade union is significantly narrower.

The Labor Code of the Russian Federation defines situations when an employer, when making a decision, must take into account the opinion of a representative body (for example, Article 136 when approving the form of a pay slip, Article 190 when approving internal labor regulations, etc.), and when - a trade union body (for example, Article 74 when introducing a part-time regime, Articles 99 and 113 when attracting overtime work and to work on weekends and non-working days holidays, Article 123 when approving a vacation schedule, Article 135 when adopting a local regulatory act establishing a wage system, etc.).

Fundamentals of Russian law

From the analysis of the Labor Code of the Russian Federation it follows that in cases where the code requires the opinion of a representative body to be taken into account, the interests of workers can be represented by both the STC and trade unions. In those cases where the Labor Code of the Russian Federation obliges the employer to take into account the opinion of the trade union, the opinion of the STC is not taken into account. Thus, if an organization does not have a trade union body, but has a labor union, some of the issues that could be resolved with the participation of trade unions will be decided by the employer alone. This reduces the level of protection for workers.

Trade union organizations have resources that other employee representatives do not have. It is necessary to understand and remember that the employer, thanks to the creation of such a body as the STC, can, under the guise of a collective agreement, impose a legal fiction on workers that does not guarantee anything other than what is already guaranteed by the Labor Code of the Russian Federation.

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1. General Provisions

1.1. These Regulations have been developed in accordance with the labor legislation of the Russian Federation and determine the procedure for the formation and functioning, competence, rights and responsibilities of the Labor Council.

1.2. The Labor Collective Council is an elected, permanent body of a democratic management system that exercises its functions and rights on behalf of the entire workforce of an organization (institution) and is designed to ensure interaction between the head of the organization (institution), the employer, and the labor collective and its individual employees.

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

2.1. Members of the Labor Collective Council are elected by the general meeting of workers in the manner prescribed by these Regulations for a period of [fill in as necessary].

2.2. Only employees of an organization (institution) can be a member of the Labor Collective Council. Temporary workers, part-time workers, and interns cannot be elected to the Labor Collective Council.

2.3. The quantitative composition of the Labor Collective Council is [fill in what is required].

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

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

2.6. By decision of the general meeting of employees, the powers of all members of the Labor Council may be terminated early.

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

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

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

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

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

3.2. The following issues fall within the competence of the Labor Collective Council:

3.2.1. Participation in collective negotiations for the preparation, conclusion or amendment of a collective agreement or agreement. Initiative to conduct such negotiations.

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

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

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

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

3.2.6. Participation in the work of commissions on tariffs, certification of workers and workplaces, labor protection and others.

3.2.7. Other issues provided for by labor legislation.

3.3. The Labor Council has the right to receive information from the employer on the following issues:

Reorganization or liquidation of an organization;

Introduction of technological changes entailing changes in working conditions for workers;

Professional training, retraining and advanced training of workers;

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

The council of the labor collective also has the right to submit relevant proposals on these issues to the management bodies of the organization (institution) and to participate in meetings of these bodies when considering them.

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

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

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

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

When the Work Collective Council makes decisions in the event of an equality of votes among members of the Work Collective Council, the right of casting vote belongs to the Chairman of the Work Collective Council.

4.5. The meetings of the Workforce Council may be attended by the head of the organization (institution), heads of structural divisions, interested parties, and specialist consultants.

4.6. Minutes are kept at the meeting of the Labor Collective Council.

The minutes of the meeting of the Labor Collective Council are drawn up no later than three days after it is held.

The minutes of the meeting indicate:

Place and time of its holding;

Persons present at the meeting;

Agenda of the meeting;

Decisions made.

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

4.7. Decisions of the Labor Collective Council adopted in violation of the competence of the Labor Collective Council, in the absence of a quorum for holding a meeting of the Labor Collective Council, or without the majority of votes of the members of the Labor Collective Council required to make a decision, are not valid.

General provisions

Conclusion

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1. General Provisions