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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

(as amended on 11-09-2019)

According to Article 15 of the Labor code of Ukraine, article 9 of the Law of Ukraine "About collective agreements and agreements" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for notifying registration of industry (cross-industry) and territorial agreements, collective agreements which is applied.

2. To the ministry of development of economy, trade and agricultural industry, local executive bodies within powers to consider industry (cross-industry) and territorial agreements, collective agreements, changes and amendments to them concerning compliance to the legislation and in case of identification of violations to provide recommendations concerning their elimination.

3. Recommend to local government bodies to consider within powers collective agreements and agreements, changes and amendments to them concerning compliance to the legislation and in case of identification of violations to provide recommendations concerning their elimination.

4. To provide to the ministry of development of economy, trade and agricultural industry explanations concerning application of the Procedure approved by this resolution.

5. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine of April 5, 1994 as No. 225 "About procedure for notifying registration of industry and regional agreements, collective agreements" (ZP of Ukraine, 1994, No. 8, the Art. 193) and of July 20, 1996 No. 819 "About modification of Item 1 Regulations on procedure for notifying registration of industry and regional agreements, collective agreements" (ZP of Ukraine, 1996, No. 15, the Art. 404).

 

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 13, 2013, No. 115

Procedure for notifying registration of industry (cross-industry) and territorial agreements, collective agreements

1. Industry (cross-industry) and territorial (regional and republican) agreements are subject to notifying registration of Ministry of Economics, and collective agreements, territorial agreements of other level - district, district in Kiev and Sevastopol the state administrations, executive bodies of village, settlement and city councils (further - registering body).

Changes and amendments to the industry (cross-industry), territorial agreement, the collective agreement (further - agreements (agreements) are subject to notifying registration according to this Procedure.

Notifying registration is carried out for the purpose of promulgation of information on the conclusion of transactions (agreements), introduction of changes in them and amendments.

2. Agreement parties (agreement) give to registering body on notifying registration copy of the agreement (agreement) together with appendices and the cover letter in the form of the original of the paper document with the stitched and numbered pages or in the form of the original of the electronic document with the related qualified digital signatures or in the form of the electronic copy of the paper original document (photocopy), the confirmed qualified electronic seal.

Agreement parties represent also copies of certificates on confirmation of representativeness of subjects of the trade-union party and the party of the employers who were taking part in collective bargainings concerning the conclusion of this agreement.

Agreement parties in case of achievement of the arrangement by them concerning representation to registering body of the list of the companies, organizations and organizations (the name and the EGRPOU code) for which provisions of this agreement are obligatory can submit the specified list to registering body.

3. During notifying registration the registering body enters the corresponding record in the register of industry (cross-industry) and territorial agreements, collective agreements, changes and amendments to them (appendix).

4. The registering body cannot refuse notifying registration of the agreement (agreement), return on completion, request from additional documents and establish requirements to execution of agreements (agreements).

5. Notifying registration is carried out within 14 working days from the date of, the receipt of the agreement (agreement) following later to registering body.

6. No later than the next working day after registration of the agreement (agreement) the registering body in writing informs on it the subject who submitted the agreement (contract) for registration.

7. The registering body publishes on own official website and monthly updates the register of industry (cross-industry), territorial agreements, collective agreements, changes and amendments to them, their text, recommendations about reduction of the agreement (contract) in compliance with requirements of the legislation (in case of their availability).

In case of giving by agreement parties of the list of the companies, organizations, organizations for which provisions are obligatory such list will be promulgated on the official website of registering body together with the text of the agreement.

The text of the agreement, changes and amendments to it will be promulgated, except for information, access to which is limited by the parties according to the law or according to their decision.

8. Copying and publication of the text of the agreement (agreement), changes and amendments to it (it) are performed together with information on notifying registration, and also recommendations of registering body about reduction of the agreement (contract) in compliance with requirements of the legislation (in case of their availability).

9. The copy of the agreement (agreement) provided on notifying registration in paper or electronic form is stored in registering body before replacement with the new agreement (agreement).

Appendix

to the Procedure

Register of industry (cross-industry), territorial agreements, collective agreements, changes and amendments to them

The name of the agreement (agreement), changes and amendments to it (it) with indication of the list of subjects of the parties

The effective date, the term for which it is concluded

Subject which gave on notifying registration, the outgoing, entering number, date of the cover letter

Registration number, date of notifying registration of the agreement (agreement), changes and amendments to it (it)

Number and date of the letter of registering body with information on notifying registration of the agreement (agreement)

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