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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 13, 2022 No. 1022

Some questions of distribution of operation of the industry (cross-industry) agreement, its separate provisions

According to part two of article 9-1 of the Law of Ukraine "About collective agreements and agreements" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for distribution of operation of the industry (cross-industry) agreement, its separate provisions which is applied.

2. Bring in the resolution of the Cabinet of Ministers of Ukraine of February 13, 2013 No. 115 "About procedure for notifying registration of industry (cross-industry) and territorial agreements, collective agreements" (The Official Bulletin of Ukraine, 2013, No. 16, Art. 554; 2019, No. 70, the Art. 2455, No. 74, the Art. 2588) changes which are applied.

3. Determine that the Procedure approved by this resolution is applied to industry (cross-industry) agreements which are signed or to which changes after entry into force of this resolution are made.

4. This resolution becomes effective in 120 calendar days after the termination or cancellation of warlike situation.

Prime Minister of Ukraine 

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 13, 2022, No. 1022

Procedure for distribution of operation of the industry (cross-industry) agreement, its separate provisions

1. This Procedure determines the procedure of distribution of operation of the industry (cross-industry) agreement (further - the agreement), its separate provisions on employers, irrespective of pattern of ownership, performing the activities in the corresponding industry / industries (types/types of economic activity) (further – employers).

2. Operation of the agreement, its separate provisions can be extended by Ministry of Economics (further - registering body) to all employers, in case:

receipts of the corresponding joint appeal from subjects of agreement parties;

agreement signatures according to the Law of Ukraine "About collective agreements and agreements" the central body (bodies) of the executive authority and representative subjects of the parties/party (in case of agreement signature on bilateral basis);

registration of the agreement without notes registering body.

3. In case of provision when carrying out notifying registration of notes by registering body to agreement provisions concerning reduction of its provisions in compliance with requirements of the legislation such notes shall be considered by its parties by introduction of amendments and amendments to the agreement before representation of the joint appeal of subjects of the parties to registering body concerning distribution of operation of the agreement or its separate provisions.

4. The agreement, its separate provisions are obligatory for employers to whom its action is extended.

Employers to whom operation of the agreement or its separate provisions extends are determined by main type of their economic activity.

Operation of the agreement extends in case in coverage of its parties there are 60 and more percent of average number of staff employees on the corresponding type / to types of economic activity.

The operation of the agreement, its separate provisions extended according to this Procedure does not extend to employers at whom the number of workers does not exceed 10 people.

Operation of the agreement or its separate provisions at the companies, can be widespread in organizations, the organizations of the state and municipal pattern of ownership only with the consent of bodies to which management sphere they belong.

5. For distribution of operation of the agreement subjects of agreement parties provide to registering body the joint appeal in the form of the original of the paper document or in the form of the original of the electronic document with the imposed digital signatures with observance of requirements of the legislation in the sphere of electronic documents, electronic document management and electronic confidential services, or in the form of the electronic copy of the paper original document (photocopy), the confirmed qualified electronic seal which is constituted in any form, and shall contain:

name of the agreement, number and date of notifying registration of the agreement;

offers on distribution of action of all or separate provisions of the agreement (in case of distribution of action of separate provisions of the agreement - Items/Items of the agreement are specified and their text is provided);

offers concerning date with which it is offered to extend operation of the agreement, its separate provisions (taking into account the term necessary for the procedure of informing, the stipulated in Item 7 presents About);

certain codes/codes and the name of types/types of economic activity according to the National qualifier of Ukraine of group of companies 009:2010 "Classification of types of economic activity" for distribution on the employers performing the activities for such/such types of economic activity;

contact information (location, e-mail address, phone number).

According to the solution of subjects of agreement parties the joint appeal about distribution of operation of the agreement or its separate provisions can be directed by authorized representatives of subjects of agreement parties. In that case in registering body the copy of the relevant decision of subjects of agreement parties moves.

For reliability of information provided to registering body responsibility is born by subjects of agreement parties.

6. The registering body within five calendar days from the date of receipt of the joint appeal of subjects of the parties sends to National service of mediation and conciliation request for confirmation of information concerning representativeness of subjects of the trade-union party and the party of the employers who signed the agreement and for confirmation of total number of workers who work at the companies - members of the relevant organizations of employers, their associations, and Gosstata - for submission of information on the sredneuchetny number of staff employees by the corresponding type / to types of economic activity for month in which the agreement was signed, considering the cuts and terms provided by the plan of the state statistical observations for the corresponding year.

In case of non-presentation of required information by National service of mediation and conciliation and Gosstat within seven calendar days the registering body sends repeated inquiry.

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