Accepted at the ninth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS by the resolution of June 8, 1997, No. 9-10

MODEL LAW

About collective agreements and agreements

Chapter 1. General provisions

Article 1. Tasks and coverage of the Law

This Law determines the legal basis of development, the conclusion and accomplishment of collective agreements and agreements for the purpose of assistance to contractual regulation of the social and labor relations and protection of interests of workers.

Operation of the Law extends to all employers, workers, representatives of employers and employee representatives, and also executive bodies.

Article 2. Basic concepts

The collective agreement - the legal act governing the social and labor relations and concluded by employees of the organization with the employer.

The agreement - the legal act containing obligations on establishment of working conditions, employment and social guarantees for workers and concluded at the level of the state, the subject of the state, the territory, industry, profession.

The worker - the person consisting in employment relationships with the employer and working according to the employment contract (contract).

The employer - the physical or legal entity (organization) who signed the employment contract (contract) with the worker.

Employee representatives - primary trade-union organizations, labor unions, merging (association) of labor unions, their elected bodies (heads) or other bodies formed at meetings (conferences) of workers and representatives on representation.

Representatives of employers are heads of the organizations or other authorized persons, authorities of associations of employers.

Article 3. Basic principles of conducting collective bargainings, conclusions of collective agreements and agreements

The basic principles during the conducting collective bargainings, the conclusion of collective agreements and agreements are:

observance of regulations of the national legal system;

polnomochnost of agents of the parties;

equality of participants;

participation of workers in development of the collective agreement and agreement;

accounting of the rights and interests of all social employee groups of the organization, territory, industry, profession;

liberty of choice and discussions of the questions constituting contents of collective agreements and agreements;

voluntariness of adoption of obligations;

systematicity of control;

responsibility of the parties for default on obligations.

Article 4. Ratio of the legislation and collective agreement, agreement, employment contract (contract)

The conditions of collective agreements or agreements worsening situation of workers in comparison with the legislation are invalid.

It is forbidden to include in employment contracts (contracts) of condition worsening situation of workers in comparison with the national legal system, the collective agreement and the agreement extending to them.

Chapter 2. Collective bargainings

Article 5. Purpose of negotiations

Main objective of negotiations is achievement of arrangements on: to providing working conditions and rest, social security and medical attendance of workers; to establishment to workers of additional social benefits and guarantees, and also settlement of the social and labor sphere.

Article 6. Parties of negotiations

In case of development and the conclusion of collective agreements by the parties of negotiations employee representatives and employers act.

Can act as the parties of negotiations in case of development and the conclusion of agreements:

- at the national level (general agreement) representatives of trade union associations, associations of employers, the government or its representatives;

- at the industry level (the industry, cross-industry, professional agreement) - representatives of the relevant industrial trade unions (their associations), associations of employers and executive bodies;

- at the level of subjects of administrative-territorial formations of the states - representatives of relevant organs of labor unions (their associations), associations of employers, executive bodies.

In transnational associations and corporations by the party of negotiations from employee name council of representatives of trade-union committees of the organizations - participants of consolidation or corporation, on behalf of employers - authorized governing body of consolidation (the central company) acts.

In the presence of several employee representatives the party of negotiations is the representative (representatives) of body of the labor union having the greatest membership or the representative (representatives) pushed under approval of all employee representatives.

In case of absence in the organization of labor union by the party of negotiations the representative (representatives) of the body formed at meetings (conferences) of workers and the representative on representation acts.

Article 7. Procedure for conducting collective bargainings

The party which received the written notice of the beginning of negotiations from other party shall begin negotiations in seven-day time.

For conducting collective bargainings and preparation of the draft of the collective agreement, the agreement of the party on equal basis form commission of the representatives given necessary authority.

The structure of the commission, terms, the venue and the agenda of negotiations are determined by the parties.

The parties participating in negotiations are given free rain in the choice and discussion of the questions constituting contents of the collective agreement, agreement.

Date of the first commission session is considered the beginning of negotiations.

If during negotiations of the party did not reach consent, the protocol of disagreements in which offers of the parties, on elimination of the reasons of disagreements and terms of resumption of negotiations are made is constituted.

Settlement of disagreements during collective bargainings is made according to the legislation on permission of collective employment disputes.

Article 8. State guarantees of negotiations

The state helps the organization of negotiations for the purpose of the conclusion of collective agreements and agreements at all levels.

Negotiating and the conclusion of collective agreements and agreements from employee name is not allowed by persons representing employers.

Any intervention capable to limit legitimate rights of workers and their representatives is forbidden or to prevent their implementation in case of the conclusion, review and accomplishment of collective agreements and agreements, from executive bodies, political parties and other public associations, employers and their representatives.

Executive bodies, employers provide on a grant basis to employee representatives information necessary for conducting collective bargainings.

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