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B E I T E N B U R K H A R D T I n t e r n a t i o n a l L a w F i r m Social partnership, collective bargaining agreements, and individual and collective.

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Presentation on theme: "B E I T E N B U R K H A R D T I n t e r n a t i o n a l L a w F i r m Social partnership, collective bargaining agreements, and individual and collective."— Presentation transcript:

1 B E I T E N B U R K H A R D T I n t e r n a t i o n a l L a w F i r m Social partnership, collective bargaining agreements, and individual and collective grievance procedures (Art. 23–55, 381–418) © 2006 Beiten Burkhardt Rechtsanwaltsgesellschaft mbH

2 SOCIAL PARTNERSHIP Executive authorities and local governments - a party of a social partnership A new level of social partnership - inter-regional The form of social partnership (participation in grievance procedures) has lost the word “pre-trial”. Social partnership - a system of mutual relations between employees, employers, executive authorities, devoted to concordance of the interests of employees and employers on labor-related issues

3 Representatives of Employees SOCIAL PARTNERSHIP Primary trade union organizations represent the interests of all employees of an employer irrespective of their participation in the trade union Another representative of employees may be elected by secret ballot. Such representative cannot be considered an obstacle to performance by a trade union of its functions. in collective negotiations in the conclusion and amendment of the collective bargaining agreement (CBA) in collective grievance

4 Negotiations Procedure COLLECTIVE NEGOTIATIONS The day of commencement of collective negotiations is clearly defined Ban on conduction of collective negotiations on behalf of employees by parties that represent employers A unified representative body may be formed by two or more trade unions that unite in total more than half of the employees of the particular employer send an offer to participate in collective negotiations on behalf of all the employees of the particular employer as well as without prior formation of a unified representative body the general meeting of employees may elect another representative to conduct collective negotiations

5 Means of Conducting Collective Negotiations COLLECTIVE NEGOTIATIONS Additional condition for trade union to form a unified representative body Collective negotiations can start without unified representative body Other representative body can be formed Notification and 5 days for participation of other trade unions or one month to join

6 Content of a CBA COLLECTIVE BARGAINING AGREEMENTS (CBA) +meal allowance compensation, in full or in part. -obligatory provisions for inclusion in a CBA in accordance with requirements of RF legislation. Validity of a CBA signed in a branch is applicable to the employees of the branch only. remains in force in case of reorganization of a company by means of changing its corporate legal form may be prolonged several times may stipulate other means of amending

7 Types of Agreements AGREEMENTS bilateral or trilateral inter-regional Participation of federal executive authorities Time for information provision - one month

8 Individual Grievance Procedures GRIEVANCE PROCEDURES Ten days to send representatives to a commission on grievance procedures (“Commission”) One month for an employee to get a certificate, the term could be restored by the Commission Changes regarding information in the decision of the Commission mainly concern an individual entrepreneur

9 Collective Grievance Procedures GRIEVANCE PROCEDURES Notification of trade unions in writing Labor arbitration can issue decisions Obligatory formation of labor arbitration

10 Closing Provisions GRIEVANCE PROCEDURES Several laws have been annulled, mainly: Federal Law “On Collective Agreements” No I dated , Law of the USSR “On Trade Unions, Their Rights and Guarantees of Their Activity “ No dated December 10, 1990 Law of the USSR “On the Order of Resolution of Individual Grievances” No dated March 11, 1991 Federal Law “On the Order of Resolution of Collective Grievances” No. 175-FZ dated November 23, 1995

11 BEITEN BURKHARDT’s Publications PUBLICATIONS Labor Law in the Russian Federation (edition: 2005, coming soon ) Investments in Real Estate in Russia (edition: 2004, 2005, ) Investments in Russia (edition: 2003, 2004, 2005, coming soon – ) Investments in Various Areas of the Northwestern Region of the Russian Federation (edition: 2003, end 2005) Investments in Ukraine (edition: end 2004) The following brochures prepared by the firm's specialists are available in printed and electronic (www.bblaw.ru) versions:

12 CONTACTS Ms. Alla Golovanova BEITEN BURKHARDT St. Petersburg Nevsky prospect St. Petersburg, Russia tel fax Mr. Denis Martyushev BEITEN BURKHARDT St. Petersburg Nevsky prospect St. Petersburg, Russia tel fax


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