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If you want to know how to create a union, then in this article we will try to give a comprehensive answer. The creation of a trade union is a simple process, much more difficulties are usually encountered in the conduct of activities and registration of a trade union.

What is a trade union

What is a trade union? A trade union is an organization whose purpose is to protect the interests of employees of an enterprise or people united by common labor problems. You can create a union for workers in any area: taxi drivers, factory workers or entrepreneurs.

The activity of such organizations was especially active in the recent past, when many norms protecting a person were not yet legally enshrined. Now, with the improvement of the labor code, official registration is often enough to protect the rights of the state. But although the role of trade unions has diminished, it still remains quite large.

Who can open a union? Any employee of the organization on the basis of which the association is created has the right to this. Trade unions do not require mandatory registration.

How to create a union

To create a trade union, an initiative group of employees of the enterprise is sufficient. According to the law, such organizations do not have to be registered. You can send documents to registration authorities, but this is a notification procedure, and not mandatory. The union's activities are legal even if no official permission has been obtained: no one should issue such permission.

If the company already has a trade union organization, then a new one can be created. The number of simultaneously functioning trade union associations is not limited anywhere. Nobody will prohibit the creation of a second or third association. The order of creation requires that a meeting of the founders be held. The meeting is to resolve the following issues:

selection of the chairman;
selection of a secretary;
the decision to create a trade union organization;
selection of a governing body;
admitting members to a new organization;
approval of regulations on primary organization.

During the meeting, it is necessary to keep minutes - this is the main document that records the moment the organization was created. It is especially important if a decision is made on legal registration... A trade union needs at least three founders.

Regulations on the primary organization of the trade union

The regulation on the primary organization is the main document of the trade organization. As for commercial companies, their activities are regulated by the charter, so for trade unions this role is played by the regulation. There may also be a charter, but it is not required if registration with the Ministry of Justice is not carried out. The regulation is necessary in order to regulate the work of the trade union in the future.

Topics that must be present in the position:

general provisions;
a description of the governing bodies of the union;
tasks and goals of creation;
the rights and obligations of members of the organization;
trade union property, if any;
contributions to the budget of the union. If this point is not specified in the regulation, it must be described in the charter. To collect dues, a union must be registered as it will need a checking account;
what to spend the organization's funds on. Typically, a union will charge 1% of the salaries of its employees;
algorithm of voting and election of leaders. It is necessary to describe the voting as secret, so that the management of the enterprise cannot interfere with the activities of the union;
type of trade union: autonomous, regional or all-Russian. The autonomous one exists on its own, while the other two types cooperate with older organizations. Such assistance may not be superfluous if the company's management does not intend to meet the workers halfway.

How to register a trade union with the Ministry of Justice

If a decision was made to create a legal entity, then you need to prepare documents for registering a trade union in the Ministry of Justice:

application form in the form of Р11001 in duplicate. One of them must be certified by a notary;
the provision on the primary organization, which addresses the fundamental issues of creating a trade union;
minutes of the meeting with the adoption of a decision on registration of the organization;
passport details of founders, copies of passports;
letter of guarantee confirming legal address trade union. It is also certified by a notary.

Important: you need to make a decision about registering a trade union within a month from the date of its foundation. All documents must be taken to the Ministry of Justice, which cannot but accept them. But if mistakes are made in the papers, then the trade union may be denied registration of a legal entity. As an organization, it does not cease to exist.

How to create a partnership of entrepreneurs

The partnership of entrepreneurs is a form of impoverishment of people engaged in one professional activity. Strictly speaking, it does not apply to unions, but it is useful to address this topic here. Individual entrepreneur- it individual, but the partnership created by several such people has the status of a legal entity. face, which opens up to everyone who is in it, certain opportunities.

What do you need to register a partnership? The process is carried out according to the same algorithm as the registration of other NPOs. For the foundation of a company, constituent documents must be drawn up:

partnership charter;
creation contract.

The contract and the charter prescribe the ways of cooperation between entrepreneurs. Property liability the partnership does not include such liability of the individual entrepreneur and vice versa. The contract fixes the size of the entrepreneurs' contributions to the common cause. Contributions can be:

material ( cash);
intangible (useful materials, information);
the skills of each individual entrepreneur can also be considered a contribution.

The partnership agreement necessarily includes information about each of its members. Insurance and other stipulated types of liability are also described. The contract can be urgent, that is, valid for a certain time, or indefinite, that is, valid until it is decided to terminate it.

Striking

A trade union can be formed for the purpose of holding a strike. A strike is an extreme measure of "negotiations" with the organization's management if it ignores the demands or requests of workers. The process consists in the fact that the company's employees do not go to work until their requirements are met, or until the management goes to negotiations.

The right to strike is regulated by the Labor Code. It can be performed if the rights of employees are violated:

do not pay wages;
do not allow to go on vacation;
lengthen the working day;
for other reasons.

The procedure for creating a trade union for a strike does not differ from the registration of a regular union. It is much easier to organize a strike when there is a union than when there is no union. The decision on it is made at the general meeting. The following conditions must be met:

formulate requirements in writing;
staff a conciliation commission that will negotiate;
to record the disagreements;
notify the employer in writing. After receiving the notification, the employer is obliged to enter into negotiations; he has no right to refuse them.

For successful holding strike is important to monitor compliance with legal subtleties. If the process can be declared illegal, then the workers may have problems, and the organizers may even be held liable.

It is important to remember that there are categories of workers who are not allowed to go on strike:

military;
ambulance doctors;
law enforcement officers and the FSB;
representatives of other professions on which the safety of people depends.

How can a trade union be properly organized and a strike can be carried out without risks? For this it is worth using legal assistance. The issue price will be less than possible problems in the absence of legal advice. Legal base means a productive strike.

All-Russian and regional trade unions

The All-Russian Trade Union is several trade organizations from all over the country, which are united for common goal... Such an alliance has much more opportunities than the usual one, created for activities within one organization. There are several all-Russian trade union associations.

The interregional trade union solves the problems of trade unions in one industry, whose enterprises are located in different regions. Usually, such a union unites employees not only of one industry, but also of several related ones.

All-Russian and interregional organizations often provide assistance to newly created trade unions. They will tell you where to start and what important steps in the creation should not be missed. In Russia, there is the Federation of Independent Trade Unions of Russia (FNPR), under the auspices of which trade organizations are united. It consists of several million people and more than a hundred organizations. There are other organizations that are solving similar problems.

The largest of these is the JDP, which actively cooperates not only with Russian organizations, but also international ones. You do not have to be a member of one of these organizations to form a union. But cooperation with them, as with older and more experienced ones, allows production associations to solve important and complex problems.

Recent events in the global economy have had a negative impact on the labor market of the Russian Federation. The crisis has clearly demonstrated the absence of any protection of the employee in front of an unscrupulous employer. Illegal dismissals under the guise of " own desire"Or" agreement of the parties ", alas, are not uncommon. Therefore, the time has come to recall such a way of protecting workers' rights as a trade union.

What is a trade union

Trade union - voluntary public association citizens connected by common production, professional interests by the nature of their activities, created in order to represent and protect their social and labor rights and interests (). In other words, it is an organization whose main task is to protect employees from possible illegal actions of the employer. This protection can be implemented through participation in the development of local regulations (orders, orders, collective agreements, etc.), participation in the procedure for staff reduction, certification of employees, etc. Thus, the employee is no longer left alone with his problems, which significantly increases the chances of solving them in his favor. It is a mistake to think that a trade union can only be organized in a large enterprise. The legislation does not provide for any restrictions on the right to unite employees on a quantitative basis, as well as their affiliation to any industry. If a trade union has passed state registration, then it has the rights of a non-profit legal entity.

Trade union activities

The presence of a trade union in an organization imposes a number of responsibilities on the employer:

1) the trade union, on behalf of the labor collective, participates in negotiations with the employer on issues of conclusion (Article 29, Article 37 of the Labor Code of the Russian Federation)

2) the trade union, on behalf of the labor collective, participates in the resolution of collective labor disputes (Article 29 of the Labor Code of the Russian Federation). For example, when changing the size of wages in case of disagreement of the labor collective with such a decision, the employer is obliged to take into account the opinion of the trade union. In the absence of a trade union, workers would have to either agree with the employer's decision or quit.

3) the trade union participates in the dismissal procedure, in case of inconsistency with the position held, as well as in case of repeated failure by the employee to fulfill his labor duties (Article 82 of the Labor Code of the Russian Federation). The employer is obliged to preliminarily agree on this issue with the trade union, which, in turn, checks the validity of the employer's decision and, in case of doubts about its correctness, indicates this or protests such a decision.

4) the trade union is a member attestation commission(Article 82 of the Labor Code of the Russian Federation). Thus, an obstacle is created for the incorrect performance of the certification of workers. The likelihood of testing the skills of an employee is reduced by overstated criteria or criteria that cannot be used to assess the effectiveness of the employee performing his main function.

5) the trade union participates in commissions for the investigation of accidents (Article 229 of the Labor Code of the Russian Federation). The employer is deprived of the opportunity to hide such facts, reduce the amount of damage to health, hide the facts of violation of labor safety and other unpleasant moments for the employer.

6) the trade union monitors the employer's compliance with labor legislation, while he has the right to demand the elimination of the violations committed within the prescribed period (Article 370 of the Labor Code of the Russian Federation). With the proper approach, this method of control is much more effective than state intervention, since violations are detected immediately at the time of their implementation.

7) the trade union participates in the development of local regulations (collective agreements, orders, orders, regulations, instructions, etc.) (Article 370 of the Labor Code of the Russian Federation). Thus, conditions are created to prevent infringement of the rights of workers at the stage of preparation of these acts, that is, we can talk about the prevention of violations of labor rights.

In a situation where the employer has at his disposal the whole range of methods of pressure on the employee, the trade union can ensure maximum observance of the employee's rights.

Create a new union or join an existing one?

If you are the owner of an exotic profession, for example, an astronaut and are sure that the cosmonauts have not yet invented their own trade union, then you can become a pioneer of the near-earth trade union movement and create your own trade union. If the already existing trade union uniting workers in your profession does not suit you for some reason, then you also have the opportunity to organize your own - the current legislation allows every employee who has reached the age of 14 to create such organizations without anyone's prior consent (Art . 2 FZ "On trade unions, their rights and guarantees of activity").

If you believe that your energy and enthusiasm is not enough to create a new union, then you can become a member of an existing one. You can get information about most trade union organizations.

What is needed to create a new union

1. Charter. This document contains the main provisions on the goals and objectives of the trade union, the conditions and procedure for joining, the territory of the trade union, its branch or other affiliation, sources of income and other property, and the procedure for their use.

2. Register the newly created organization. Although the law allows the possibility of absence state registration trade union, however, such an organization does not have the rights of a legal entity, which deprives it of the right to participate in civil legal relations, i.e. make transactions, open accounts, etc. State registration is carried out in a notification procedure. Unlike the state registration of other legal entities, in this case a positive decision is not required from the registering state body, you only inform about the fact of the organization's creation. Today, the registering body of trade unions is the Ministry of Justice of the Russian Federation. Within a month from the date of the decision to create a trade union, the following documents must be submitted to the said body (its territorial division):

· Application in duplicate

· Charter in duplicate

• A copy of the decision of the meeting or conference on the creation of a trade union in duplicate

Applications for state registration of trade unions are not subject to state fees. In accordance with clause 43 of the Administrative Regulations, the state registration procedure is not commercial organizations and public associations ... "the registering body is obliged to consider within a month a written request of the trade union for state registration, register, and issue a corresponding certificate. At the same time, the registering body has the right to draw the attention of the union to the violations current legislation, other shortcomings of a legal nature, if they are revealed when familiarizing with the copies of the constituent documents, and recommend to the trade union (in writing or orally) to eliminate them. During the specified period, the necessary information is entered into a single State Register legal entities.

This article is about the procedure. How to establish, formalize and register a trade union correctly in order to avoid mistakes and accusations of illegality.

The first step to create any union is to hold a meeting. Let us emphasize that any trade union, regardless of whether it will be a new independent trade union or a cell at an enterprise of a larger trade union, must in any case hold a meeting. It must be attended by at least three people who have reached the age of 14 and are engaged in labor (professional) activities. The form of the meeting can be different - congress, conference, general meeting... The venue also does not matter. It can be carried out: at the workplace (but not at work time!), in any other room or even in a park. The main thing is that its members - the founders of the trade union - are present in person.

This first meeting is called the founding meeting, that is, everyone who attended it becomes the founders of the trade union and automatically joins the ranks of its members.

There are three decisions to be made at the meeting:

- on the creation of a trade union

- on the approval of the charter of the trade union

- on the formation of governing and control and auditing bodies.

The course of the meeting and the adoption of these decisions must be recorded in the Minutes. The minutes of the founding meeting and the adopted Charter are the constituent documents of the trade union. Keep these documents in a safe place.

The following must be recorded in the Protocol:

date, time and place of the meeting;
Name of all those present (they will become the founders of the trade union);
elect the chairman of the meeting and the secretary (they will sign the minutes);
agenda;
the course of discussion (discussion) on each item on the agenda and decision with the results of voting;
if you are going to register your trade union, this decision must be recorded in the minutes and indicate the person who will be entrusted with submitting documents to the territorial body of the Ministry of Justice of Russia;
information about the persons who carried out the counting of votes (they may be the secretary and chairman of the meeting);
at the end, the minutes are signed by the chairman and the secretary of the meeting.

After that, the protocol is stitched. Now it is a constituent document, which, together with the Charter, confirms the fact of the creation of a trade union.

Of course, preparatory work takes place before the meeting. It is necessary to determine in advance in what form the new trade union will be created. Will it be an independent union? Or the new primary union of an existing union?

1.1 Independent trade union. In this case, it is necessary to draw up and approve the charter of the trade union at the constituent assembly, to come up with a name that may reflect the nature of the activity. For example, the Interregional Trade Union of Educational Workers "Pedagogue".

Most often, independent trade unions arise in the form of Interregional Trade Unions, since this trade union form is directly provided for by the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity" (Article 3).

At the same time, as explained by the Constitutional Court of the Russian Federation in its Resolution of 10.24.2013 No. 22-P, it is quite permissible to create trade union organizations in those forms that are not provided for in the Federal Law "On Trade Unions". For example, the Law provides a definition of an interregional trade union that can unite employees of one or different organizations, in one or several sectors (spheres of the economy), while acting in at least two constituent entities of the Russian Federation, but there is no definition for a trade union that operates only in one region or city. At the same time, it is quite permissible to create a trade union, which, according to the charter, operates only in one region of the Russian Federation or in one city (for example, Regional public organization"Trade union of workers of the Kaliningrad region", etc.).

1.2 If the enterprise creates a primary trade union organization of an existing trade union, then you can do without drawing up a charter, but only indicate in the minutes that the organization will act on the basis of the charter of the higher trade union. However, for this it is necessary that in the charter of a higher trade union (all-Russian, interregional or other) there should be a section on primary trade union organizations (their creation, management in them, etc.).

The primary trade union organization has the right to have its own charter, which should not contradict the charter of the higher trade union. Note that higher trade unions, as a rule, send employees of a specific organization a package of documents required to create a primary trade union organization, and the employees only have to fill out the sent forms.

An important point is the period of registration of a trade union. If you decide to register your trade union / primary trade union organization as a legal entity, then this must be done within 1 month from the moment of the establishment of the trade union organization (drawing up a protocol), this is stated in par. 4 p. 1 of Art. 8 of the Federal Law "On Trade Unions".

Neither the created trade union, nor the primary trade union organization can be registered as a legal entity - they can operate without registration (see paragraph 9, paragraph 1, article 8 of the Federal Law "On Trade Unions").

However, interregional trade unions are usually registered as legal entities. The fact is that it’s easier to “prove” to employers and authorities state power the reality of their activities, as well as collect membership fees.

If the primary trade union organization plans to collect membership fees and have financial relationships with the employer, for example, organize leisure activities for employees at the expense of the company, then it is also registered as a legal entity.

Registration is carried out by the territorial bodies of the Ministry of Justice of the Russian Federation(with the exception of all-Russian trade unions). For example, to register an Interregional Trade Union whose address is in Moscow, you must contact the Main Department of the Ministry of Justice in Moscow. Lower-level trade unions, including primary trade union organizations, are also registered with the territorial divisions of the Ministry of Justice in the corresponding region of Russia, where their legal address will be located.

To register, you will need to provide: an application for registration in the P11001 form, a protocol on the establishment of a trade union, a union charter certified by you (in triplicate), a receipt for payment of the state duty for registering an organization (4000 rubles as of September 30, 2017), documents on the right to use the address of the location organizations. To register a primary trade union organization, you will need: an application in the P11001 form, a protocol on the creation of a primary trade union organization in the company, the charter of a superior trade union, documents confirming the payment of state fees and also documents on the right to use the address.

Copies of all these documents must also be submitted to the bodies of the Ministry of Justice of Russia.

Note that for officials territorial bodies of the Ministry of Justice often have their own idea of the list of documents required for registration, and therefore it makes sense to go before submitting documents for consultation to the appropriate territorial body of the Ministry of Justice of Russia.

4. The procedure for filling out the necessary documents.

An application for registration of an organization in the form was originally intended for the registration of commercial organizations, this form was approved by order of the Federal Tax Service of 01/25/2012 No. ММВ-7-6 / [email protected]... The same order approved the requirements for filling out this form. The P11001 form itself is large, but to register a trade union, it is enough to fill out only the 1st and 2nd pages, which indicate general information about the organization being created, sheet "B", where the passport data of the founders of the organization are indicated (a separate sheet "B" for each of the founders of the trade union), sheet "E", which contains the data of the head of the organization, sheet "I", in which you need to indicate at least one Code from the species classifier economic activity, as well as sheet "H", which indicates the applicant's data (each founder of the trade union is an applicant, and therefore a separate sheet "H" is filled in for each applicant). Applicants' signatures on sheet "H" must be certified by a notary. A notary should also issue a power of attorney to represent interests in the bodies of the Ministry of Justice of Russia from all founders to one of the founding applicants, who will go to submit documents to the territorial bodies of the Ministry of Justice of Russia. You can fill out the P11001 form in the Excel program or in special programs created to fill out this form. Pay Special attention on the rules for filling out the R11001 form, which are approved by order of the Federal Tax Service of 01/25/2012 No. ММВ-7-6 / [email protected], all the nuances are exhaustively described there, down to the font size, allowed abbreviations, etc.

Interesting fact!

If a trade union is founded, then in order to save energy and financial resources, a decision is made at the constituent meeting to instruct three persons (this is the minimum) present at the meeting to act as founders of the trade union for the purpose of state registration. After making such a decision and filling out the minutes of the meeting in the R11001 form, sheets "B" and "H" are filled out only for three "appointed" founder-applicants, and not all those present at the constituent meeting. In our opinion, such a scheme does not fully comply with the law and in the P11001 form, the founders-applicants must indicate all those present at the constituent assembly, however, it is applied in practice, and therefore such a scheme can be fully used. Note that before registering a trade union, it is worth consulting with your department of the Ministry of Justice on this issue, since the position of specialists from the Ministry of Justice is ambiguous.

The union charter must contain:

the name, goals and objectives of the trade union;

conditions and procedure for the formation of a trade union, admission to and withdrawal from a trade union, the rights and obligations of trade union members;

the territory within which the trade union operates;

organizational structure;

the procedure for the formation and competence of trade union bodies, their terms of office;

the procedure for making additions and changes to the charter, the procedure for paying admission and membership fees;

sources of income and other property, the procedure for managing the property of trade unions;

the location of the trade union body;

the procedure for reorganization, termination of activities and liquidation of the trade union and the use of its property in these cases;

other issues related to the activities of the trade union.

If you are not going to register your trade union as a legal entity, then the issues related to the payment of membership fees and the use of the property of the trade union can be settled in the Charter by specifying that the trade union does not have separate property and does not collect membership fees. You can see an example of such a charter.

When determining the competence of trade union governing bodies, it should be borne in mind that, in addition to the Federal Law "On Trade Unions", the activities of the trade union are regulated by the Civil Code of the Russian Federation (Articles 123.4 - 123.7), the Federal Law "On Public Associations", the Federal Law "On Non-Commercial Organizations", since the trade union - it is both a public association and a non-profit organization at the same time, and these laws give some instructions for the construction of trade union bodies and establish some of their powers.

For example, according to Art. 20 of the Federal Law "On Public Associations" in the charter of a public association, control and auditing bodies should be indicated. Therefore, we recommend that you, in any case, provide for the presence of an auditor or an audit commission in the charter and elect one of the founders to the audit commission (elect a trade union auditor).

In Art. 123.7 of the Civil Code of the Russian Federation states that the main powers: appointment of governing bodies, reorganization and liquidation, changes in the charter, decisions on membership fees, determination of the main activities, approval annual reports, determination of requirements for members of the organization, participation in other organizations. At the same time, in a public organization, it is allowed to create, in addition to the sole executive body (head), a permanent collegial executive body, i.e. council, board, etc. (Article 123.7 of the Civil Code of the Russian Federation).

As a rule, the following bodies are provided for in the charter of a trade union:

1) general meeting of members (to address the "key" issues identified above);

2) collegial executive agency(council, board);

3) the head of the organization;

4) an auditor or audit committee.

Examples of drawing up the charters of interregional trade unions that have passed registration with the bodies of the Ministry of Justice, including options for the distribution of powers between governing bodies, can be viewed on the websites of existing trade union organizations, for example, the Interregional Trade Union of Educational Workers "Teacher" - http: // pedagog-prof .org / o-nas / dokumenty or the Interregional Trade Union "Working Association" - https://mpra.su/mpra/ustav, etc.

Regardless of the registration or non-registration of the trade union / primary trade union organization as a legal entity, do not forget to provide the employer with documents on the existence of the primary trade union organization in the company, have proof of receipt by the employer of these documents. Otherwise, the leaders of your primary trade union organization may lose the guarantees they are entitled to under the law, since the employer simply will not provide them, and then will say in court that he was in good faith mistaken and did not know about the existence of the primary organization in his organization. Such a case has already been described on the pages of our site, you can read about it here -.

Notes (edit)

It is applied by the bodies of the Ministry of Justice of Russia when registering non-profit organizations in accordance with the Order of the Ministry of Justice of Russia dated 07.05.2013 No. 68 "On determining the forms of documents to be submitted to the Ministry of Justice Russian Federation and its territorial bodies for state registration of non-profit organizations "

Codes must be taken from OK 029-2014 (NACE Rev. 2). All-Russian classifier types of economic activities ", approved. By order of Rosstandart dated January 31, 2014 No. 14-st. You can specify one activity code - 94.20 ("Activities of trade unions").

In theory, all applicant founders can appear directly at the territorial body of the Russian Ministry of Justice to submit documents. A power of attorney for submitting documents to the Ministry of Justice can be issued for another person who is not the founder.

You can find out the details for paying the state duty, as well as its current amount, in your territorial department of the Ministry of Justice. As a rule, this information is provided on the websites of the corresponding departments of the Ministry of Justice of Russia.

The address may be the place of residence (place of registration) of a person who has the right to act on behalf of the organization (i.e., the head of the organization) without a power of attorney. If someone is ready to provide you with premises, then this organization or citizen will need a letter of guarantee written in free form.

A trade union is a voluntary public association of citizens bound by common industrial and professional interests, created to protect their social and labor rights and interests.

How to start a union: 13 steps

If you decide to create a trade union organization at your place of work, carefully study the creation algorithm.

1. Making a decision on the creation of a primary trade union organization and the creation of an initiative group

If you are not a member of a trade union and there is no trade union organization at your place of work, but you want a trade union organization at your enterprise, find like-minded people and create an initiative group. To create a primary trade union organization, only three people who have reached the age of 14 are enough. However, it is more advisable to involve more colleagues.

2. Definition of the structure

You can create an independent trade union organization, or apply to a regional, sectoral, cross-sectoral trade union with a request to be included in the appropriate structure.

3. Preparation for the constituent meeting

In order to draw up all documents in accordance with legislative norms, you need to seek advice from a future parent organization, or independently study all regulations... If your company is included in the perimeter of the Rosneft Company, then you can get advice by calling 8 495 955 9004 or by e-mail [email protected] site If your organization is not included in the perimeter of the Rosneft Company, then you can get Additional information on the website of the Federation of Independent Trade Unions of Russia: www.fnpr.ru

4. Required regulations

1. the federal law dated 12.01.1996 No. 1-FZ "On trade unions, their rights and guarantees of activity"

2. Federal Law of May 19, 1995 No. 82-FZ "On Public Associations"

3.Federal Law of 23.12.2003 No. 7-FZ "On Non-Commercial Organizations"

4.Federal Law of 08.08.2001 No. 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs"

5.Labor Code of the Russian Federation, Ch. 58

5. Place of the meeting

The place of the meeting is not limited by law; it can be held both on the territory of the enterprise and outside it. However, please note that the location of the meeting must be recorded in the minutes.

6. Definition of the name

The name of the trade union organization must contain the name of the enterprise (branch or other separate subdivision)

7. Agenda

The agenda of the constituent assembly (conference) includes the following issues:

On the creation of a primary trade union organization;

On the election of the chairman of the primary trade union organization;

On the election of members of the trade union committee;

On the election of the audit commission of the primary trade union organization;

On the approval of the Regulations on the primary trade union organization (if a decision is made to join a higher organization, in the future it will be necessary to use the text of the document approved by that organization);

About financial and trade union services (you can contact the trade union of workers in your industry or a higher organization with a request to accept your primary trade union organization into the structure of the Trade Union);

On state registration of a primary trade union organization as a legal entity (or on the action of a primary trade union organization without forming a legal entity).

8. Registration of the minutes of the meeting

The following must be recorded in the Protocol:

Date and place of the meeting;

All those present (they will become founders of the trade union organization);

Election of the chairman of the meeting and the secretary of the meeting;

The agenda;

The course of discussion (discussion) on each item on the agenda and the adopted decision with the results of voting;

If a trade union organization is registered as a legal entity, this decision must be recorded in the Protocol;

The minutes must be signed by the chairman and the secretary of the meeting.

The protocol is a mandatory constituent document, along with the Regulations, confirming the fact of the creation of a trade union organization. In this regard, the issue of registration and further storage of documents should be given special attention.

9. Informing the employer

After the founding meeting, it is necessary to inform the employer (it is also advisable to convey this information to the rest of the employees of the enterprise) about the establishment of the primary trade union organization.

10. Campaigning

Tell your colleagues about the creation of a trade union organization, about why a trade union is needed at an enterprise, about the Collective Agreement, about levels social partnership, about the possibility of solving many issues related to the regulation of wages, improving working conditions, obtaining additional social guarantees.

Information on the main labor rights we can find it on our website in the section "Everyone should know this"

11. Membership

A participant in the meeting must write an application for joining a trade union and an application for collecting union dues from him.

According to established practice, admission to a trade union is carried out by primary trade union organizations, but if you have decided to join, for example, an industry trade union, the application for admission should contain an indication of the desire to join this industry trade union. Please note that it is the statutory duty of the union member to pay membership dues. In accordance with the Law on Trade Unions, the employer is obliged to transfer trade union contributions to the primary trade union organization free of charge if there are personal statements of union members about the collection of contributions from them and the inclusion of this condition in collective agreement... Membership fees are usually 1% of the employee's salary.

When your organization is included in the structure of higher trade union bodies, you will need to transfer a certain share of the contributions received for the development and maintenance of the activities of these organizations.

12. Registration of bank documents

You need to open a bank account of the created organization, which will receive union dues. If you have decided to include your organization in the structure of an interregional, regional, territorial organization or an industry union, then you can apply to receive financial services from that organization.

13. Registration of a legal entity

If you have made the decision to act as entity, then you need to register as non-profit organization in the territorial administration of the bodies of the Ministry of Justice of the Russian Federation. Information about required documents and the procedure for filling them out can be obtained from the territorial administration, or on the website of the Ministry of Justice http://www.minjust.ru/activity/nko

MPO PJSC "NK" Rosneft "of the All-Russian Trade Union of Oil, Gas Industry and Construction Workers

If your enterprise is located within the perimeter of the Rosneft Company, then you will go through all the steps to create a trade union organization faster by contacting us for help.

Our phone number: 8 495 955 9004;

Instructions

To create an independent union, select a group of employees. The number of trade union members must be at least six. One of them will be the chairman, two - deputies, three - members of the audit commission, one of them - the chairman of the audit commission. All members independent organization must have oratorical and organizational skills, have any education, but be well-trained and have basic knowledge Labor Code and the Constitution of the Russian Federation.

To elect leaders, hold a general meeting of all employees in the enterprise. The meeting can be held within the walls of the enterprise itself or outside it, it does not matter at all. Choose the chairman of the meeting, the secretary who will announce the agenda, keep the minutes. Record and announce that a meeting is being held to establish an independent union, elect a committee, and adopt a charter organizational activities.

Enter all points in the protocol: the choice of the chairman, deputies and the audit commission. The chairman of the RK will be elected by the members of the created commission by internal voting.

To write the charter, hire an experienced or borrow the charter of an existing independent trade union in another organization and transfer it to your charter document, taking into account the specifics of the enterprise.

All selective actions are carried out by general voting, enter the number of votes during the elections into the minutes of the meeting, collect the signatures of all workers who participated in the elections under the minutes, familiarize the head of the enterprise with the results.

An independent trade union has the right to monitor the work of the company's management, make decisions on changing internal legal acts and documents, demand an increase in wages taking into account the prices of retail goods, introduce part-time work (Article 73 of the Labor Code of the Russian Federation), participate in drawing up a work schedule (Article 103 Labor Code of the Russian Federation). And also raise the issue of early re-election of elective positions, if the work of the selected does not suit the majority of those working at the enterprise, control the involvement of workers in overtime work, participate in the coordination of vacation schedules.

The chosen independent trade union can call on workers to rallies, strikes, contact the labor inspectorate on behalf of all workers, hold demonstrations, pickets and use other available methods of influencing the leadership, but at the same time be limited by the framework of the current legislation, that is, do not translate constructive methods into battles.

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