Creation of a primary trade union organization at the enterprise. How to create an independent trade union. What is a trade union and why is it needed
Any employee not only needs to know what rights he has - it also requires the ability to defend them.
For this we need - association and creation (organization) of a trade union.
Creation of a trade union in the organization
Organizing a union involves performing several specific actions. We will talk about them on this page. Beforehand, we ask you to take part in a small survey:
Legal basis for organizing a trade union
Federal Law No. 10-FZ "On Trade Unions, Their Rights and Guarantees of Activity" stipulates that a trade union acts as an association of representatives of an organization on a voluntary basis. Usually, such a merger takes place within an enterprise, institution, company, regardless of the type of activity and form of ownership.
Previously, the creation of a trade union presupposed the existence of a provision that was basic for its activities. It was drawn up in accordance with the Charter or with a standard regulation on the primary trade union organization.
Update: In accordance with the current legislation, the primary trade union organization develops its own Charter or is guided by the Charter of the Trade Union
The creation of a trade union in an organization is possible if the intention is to unite at least three employees. This statement corresponds to paragraph 1 of Article 18 of the Federal Law No. 179-ФЗ "On Public Associations" (as amended on June 2, 2016)
The main stages of creating a trade union organization
To understand how to create a trade union, we will consider the entire process of forming such an association in stages.
Stage 1: Search for like-minded people for the organization of the "primary organization"
In the absence of an active union in the company, you should find like-minded people who intend to create a union. The number of such representatives must be three or more. This is enough for the initiative group.
Stage 2: Definition of an industry trade union
We conduct negotiations between the initiative group and the chairman of the trade union of the industry
The goal is to obtain permission to form the primary organization, as well as to request all documentation that may be required.
Stage 3: Conducting campaign work with the team
Colleagues should be told about the purpose of its creation and the peculiarity of the work. Next, they should introduce concepts such as a collective agreement and an industry agreement for familiarization. Provide information on how the trade union can help improve working conditions, contributes to the growth of wages, will give certain social guarantees, and so on.
Stage 4: Preparation of the meeting of founders
For a trade union, the main body is the meeting (or conference). It is being prepared by the forces of the initiative group. With the support of the idea from the employer, it can be carried out on the territory of the organization, otherwise outside it in non-working hours... The meeting must be carried out subject to the obligatory presence of a current representative of the higher trade union bodies.
Stage 5: Meeting
Within the framework of the meeting, the issue of forming a primary trade union organization is resolved, its chairman, committee, and audit commission are appointed. Next, you should approve the provision on the primary organization. Update: It is required to approve the Charter of the primary trade union organization. After all these actions, a request for registration is sent to the higher trade union body.
An application for membership in a trade union, as well as an additional application for the collection of contributions, must be submitted by all sections of the union.
Stage 6: Documenting
The minutes of the meeting must contain an indication of the place and time of the meeting. An extract from the protocol on the formation of a primary trade union organization, as well as a request for registration, must be sent to the branch trade union organization.
Stage 7: Legalization
The presidium of the parent organization must give a positive decision on registration.
When the question of how to organize a trade union has been resolved, it is required to inform the company management about the creation of a primary trade union organization.
The procedure for creating trade unions.
Every person who has reached the age of 14 has the right to join and form trade unions. This right is exercised freely, without any prior permission;
Foreign citizens those working in Russia have the right to join Russian trade unions, but do not have the right to form their own trade unions;
Trade unions have the right to create their own associations, they have the right to cooperate with trade unions of other countries.
The procedure for creating a trade union:
You can create a trade union if you have 3 people
An organizational meeting is held at which decisions are made:
A. on the formation of trade unions
B. governing bodies are elected
B. the charter of trade unions is adopted
D. A list of trade union founders is created
D. decides to register a trade union. When a trade union is created, the union itself then decides whether it is worth registering, i.e. registration of a trade union is not required, BUT, if a trade union wants to obtain the right of a legal entity, then in this case it must be registered. Then the trade union has the right to collect contributions, open a bank account, give gifts, provide material assistance, etc.
Registration is for notification purposes.
You can close a trade union only in 2 cases:
1. By decision of the members of the trade union;
2. By court decision.
1. Development of a draft regulation on the primary trade union organization.
The regulation on the organization is a mandatory document, without which its activities are legally impossible. This document should be used as a tool to strengthen the internal principles of the organization.
The regulation may include the following sections: general provisions; trade union members, their rights and obligations; the main tasks and goals of the primary trade union organization; bodies of the trade union organization; the relationship of the trade union committee with the management bodies of the enterprise; funds and property of the trade union organization, etc.
Belonging to a particular trade union (all-Russian or regional)
2. Convening a constituent assembly (conference)
The founders of the primary trade union organization are individuals(workers, citizens), at least 3, who have expressed a desire to create a primary trade union organization. The founders themselves or part of them (initiative group) convene a meeting (conference
The agenda for the meeting should include the following items:
1. On the creation of a primary trade union organization and admission to its membership.
2. On the draft Regulation on the primary trade union organization.
3. Election of the trade union committee, the head of the trade union organization and the audit commission.
4. About registration of the primary trade union organization.
5. About prof. service in the regional union of trade union members.
All these items must be included in the agenda and, if desired, can be supplemented with other current issues.
3. Holding a meeting (conference)
1. Be sure to register delegates (full name, address, place of work, position) and guests. When holding a conference, each delegate must collect minutes confirming their competence.
2. Do not allow administration officials to interfere with the meeting.
3. Select a chairperson and a secretary.
4. At registration, carry out the issuance of applications for admission to the trade union and the transfer of professional contributions (see attachment), after the meeting, be sure to collect them.
5. Be sure to keep minutes of the meeting (conference).
6. At the end of the meeting (conference), on the basis of the decisions made, draw up a list of founders (full name, full name, address, passport data, signature).
A trade union member is issued a trade union card.
4. Registration as a legal entity
Primary trade union organization is not subject to compulsory state registration trade unions like legal entities, is carried out in a notification procedure and is not the duty of the trade unions, but their right.
What does the legal entity status of a primary trade union organization give? First of all, the ability to exercise the rights and obligations of the owner of his property and use other property located in her operational management, Keep cash on a bank account, conclude an agreement. The status of a legal entity is needed by the primary trade union organization precisely in economic and property relations, but in no way in other respects for the implementation of representation and protection of social labor rights and the interests of employees. The notification nature of the registration of trade unions as a legal entity means that the primary trade union organization, which wished to have the status of a legal entity, notifies the appropriate justice authority. Trade unions cannot be denied registration as a legal entity and are not under the control of the registering authorities
HOW TO CREATE A UNION
Are you tired of low pay constant change schedules, hazardous working conditions, reduced benefits and compensation for you, or constant humiliation from your boss? Have you decided that you need to protect your rights at your workplace?
Legal way to change the situation in better side- trade union.
It may happen that your company already has a trade union. At the same time, you see that this trade union is engaged in anything, just not protecting the rights of workers, and the conclusion of a collective agreement takes place behind closed doors, without discussion with the collective, while the terms of the collective agreement only duplicate the norms of the Labor Code.
This means that at your enterprise there is (and does not operate) a primary trade union organization of any industrial trade union - the trade union of workers of the coal industry Rosugleprof (PRUP), the mining and metallurgical trade union (GMPR), workers of the natural resource complex, the trade union of workers of chemical industries, or others - old, bureaucratized professional structures, still remaining in the past life.
In those past times, we lived in a different, planned economic system, and the tasks of the trade unions were different. However, times have changed. The enterprises were privatized long ago and became private. The economy became a market economy, and in market economy the owners are only interested in profit. The state has actually abandoned regulation labor relations- the size wages and other working conditions are determined by the owner of the enterprise. And the old trade unions have so far remained, unfortunately, appendages of the director or the state - about such "trade unions" one of the top managers, at one of the seminars, even made a report: "Trade union as a way of managing a team."
And this may not be their fault, but a disaster for the majority of workers.
You can of course try to change the way an existing trade union organization works. To be elected to a trade union committee or chairman and start acting. However, usually foremen and bosses drive workers into such a union. And the overwhelming majority of the chairmen of the trade union committee (and the trade union committee itself) are not elected by the workers, but in fact are appointed by the director. Chairmen of territorial committees or leaders of such trade unions are usually "elected" (appointed) "in agreement" with large owners and bureaucrats in power. Therefore, the real chances to change anything, in the existence of such trade unions, are minimal - this system has eaten up a lot of decent and honest people. However, we are not going to dissuade you if you choose this way of protecting your rights and interests - “Everyone chooses for himself - a woman, a religion, a road ...”.
If you do not have a trade union at your enterprise or you have come to the conclusion that the existing trade union at the enterprise (into which the bosses are driven, and the trade union committee is "elected" by the director) does not suit you?
IF YOU HAVE A REAL DESIRE TO CHANGE LIFE, so that your (your fellow workers') rights and interests are respected and taken into account by the administration of the enterprise?
The only viable way to do this is to unite and create a primary trade union organization.
But how to do it correctly, without exposing yourself and others?
How can you make your organization effective to achieve your goals?
How to create a trade union in an enterprise?
If you decide to unite and create a trade union organization, then think over which of your workmates could make you a team (company) in this noble, but at the same time, not easy business.
Immediately exclude from this list colleagues who are involved in any informal contacts with the administration or are heavily dependent on it - they will definitely “knock” (although the trade union, in principle, would not have hindered them either). Ignore the talkative ones for now - you know yourself, "a talker is a godsend for a spy."
Take into your team only those in whom you are personally sure, with whom you have worked for many years or are connected with some more or less strong bonds. It is enough if there are at least two such people besides you. More is better. But at this stage, do not get carried away with numbers. Those in whom you are not completely sure, keep in reserve. Tell the “trusted cadres” about your plans, describe the benefits and possible difficulties of being in a trade union - in such a case, you cannot deceive your comrades
At this stage, adhere to the rule: do not protrude from the trench until the process of creating a trade union organization is completed. "Filter the bazaar" so that information about your intention to engage in trade union activities does not immediately become the property of the general public, and especially the administration.
Workers who decide to form a union need to learn that the concepts trade union and primary union organization are not identical. The definition of these concepts is given in Art. 2 and 3 of the Federal Law "On trade unions, their rights and guarantees of activity."
The main difference is that the primary trade union organization brings together trade union members who work, as a rule, in one organization. And the concept of "trade union" covers all types of workers' organizations - a trade union can be in the form: a primary trade union organization, territorial union, interregional trade union, all-Russian trade union, etc.
It should be understood that the main part of the rights and powers of the trade union to protect the interests of employees of the enterprise guaranteed by legislation (Labor Code of the Russian Federation) is assigned to the primary trade union organization. Therefore, it is more expedient, at the enterprise, to create a primary trade union organization.
Establishment of a primary trade union organization.
You only need three people to form a union. It is desirable, of course, to attract more people to this, but at this stage you can not get carried away with numbers - it is more important to have a strong backbone that can withstand possible pressure. And of course, study Statute of the Independent Trade Union of Miners(NPG) (download from the link) and NPG activity program(download from the link)
Next, you need to hold a meeting and establish a primary trade union organization: the NPG Charter is adopted, the governing bodies are elected - it is imperative to draw up a protocol, which must be signed by all participants in the meeting.
At the meeting, it is necessary to elect a Council of Representatives, an executive committee (trade union committee), a chairman and deputies of the organization. The size of the executive committee (trade union committee) may vary depending on the circumstances and the size of the organization. It usually has 3-5 members if the organization is not very large. If the executive committee (trade union committee) is much smaller, its efficiency will decrease and communication with trade union members will become more difficult.
Please note that in the Independent Trade Union of Miners (NPG) there is double control on the part of workers (union members) over the work of the elected chairman, deputies and the executive committee (trade union) - the general meeting (conference) and the Council of Representatives. Therefore, it is necessary to elect (form) a Council of Representatives - from people who enjoy the confidence of their workmates, people - preferably 1-2 from a site, workshop or other structural unit. If so far it is not possible to cover all structural divisions - it does not matter - the provisions of the Charter allow, subsequently, to delegate representatives to the Council from those sections (workshops, etc.) where union members will appear.
IMPORTANT, that in the elected trade union bodies (trade union activists) decent people who are not amenable to influence from the authorities are elected.
Please note that all participants in the constituent assembly must write an application for joining a trade union (NPG Russia).
A sample Application for membership in an NPG, a sample minutes of the constituent assembly, can be downloaded from the links below:
The constituent assembly can be held both inside and outside the enterprise. If you are afraid of a negative reaction from the leadership, it is better to gather in neutral territory.
IT IS IMPORTANT to decide on the system of payment of contributions to the trade union.
Trade union activity requires certain expenses. The release of printed materials, payment for the services of lawyers and specialists, the maintenance of the premises, payment of released workers, allow the trade union to conduct its activities independently of anyone other than its members. For such expenses, each member of the NPG transfers monthly a certain amount from their income.
The monthly membership fee to the NPG is set at not less than 1% (one percent) of the monthly salary. At least 15% of this money goes to finance all-union activities. If a territorial organization of NPG operates in the region, then a certain percentage of contributions will also need to be transferred to finance its activities. The rest of the contributions remains in the primary organization (primary trade union organization - PPO) and is spent on its current activities.
Transfers of membership fees (from trade union members) are made to the current account of the primary trade union organization (if it has decided to register with the justice authorities as a legal entity) or to the account of the territorial organization of the NPG or another account (if the primary organization will not be registered with the justice authorities). It is important to note that a trade union can carry out trade union activities without forming a legal entity, in which case it cannot have a bank account or be a plaintiff (defendant) in court, but fully carries out normal trade union activities, that is, it exercises the right to a collective agreement, consideration of opinion and other rights.
In many trade union organizations, contributions are transferred (collected) through the accounting department of the enterprise. At the same time, each member of the trade union writes a personal statement for withholding trade union dues, with reference to Art. 377 of the Labor Code of the Russian Federation. This system for collecting contributions through the company's accounting department it seems to be helping the trade union activist - he does not need to remind each member of the trade union on a monthly basis about the need to pay dues and they have time to work to represent and protect the interests of workers. However, it gives the administration of enterprises power over the primary organizations (trade union committees).- she can without special labor“Punish” them by not transferring contributions or by significantly delaying this process. And, more importantly, it gives the administration of enterprises the power over the trade union and the members of the trade union - the bosses know by name who is a member of the trade union and at any time can put pressure on each member of the trade union separately. Given the negative attitude of directors towards trade unions, as well as the desire of the majority of enterprise owners to prevent the creation of workers' organizations independent of them, the system of collecting contributions through the company's accounting department does not facilitate the activities, but most likely hinders the activities and development of the trade union.
At the same time, with the current development of banking and financial systems, it is quite possible to organize a system of payment of contributions through ATMs and terminals by union members on their own.
To do this, it is necessary to conclude an agreement with Sberbank (or another bank), while the financial costs of servicing such a service are insignificant.
Of course, at the same time, it is necessary to organize the work of the trade union asset so that on a monthly basis the trade union organizer would remind each member of the trade union of his affiliation with the organization and ask him to confirm this membership by voluntary payment of membership fees and, also, organize the accounting of payment of fees.
With the introduction of the system of payment of contributions through ATMs and terminals, not only the administration of enterprises loses power over the trade union and trade union members, but the trade union members have a powerful mechanism of trade union self-identification (each person's feeling of belonging to an organization), but also elementary norms of trade union democracy - trade union the asset regularly meets with workers (during such meetings, usually there is talk not only about contributions).
Of course, the right of which system of collecting trade union dues to choose remains with the meeting of the primary trade union organization - it is important that everyone understands and realizes the pros and cons of each.
Remember the following:
1. Never go it alone.
Agree with workmates. The more of you from the start, the better. Be sure you can count on each other. Even a small group can achieve success and then grow if it is close-knit. But the efforts of one leader are clearly not enough for success!
With the support of colleagues, contact your city or regional organization NPG of Russia or the central office. This is necessary not only for the official registration of the trade union, but also because it will allow you to get help and establish contacts with other organizations - the strength of the trade union in the wide association and solidarity of workers.
2. You are not required to inform your employer about the creation, composition and size of your union, or its plans.
Notify him only when the trade union has already been created, the relevant documents have been drawn up, and you are ready to start work, i.e. when the need arises. This will provide you legal protection your union rights from harassment and repression. Avoid widespread rumors of union plans!
3. Your rights
Your rights to join a trade union are enshrined in the Constitution of the Russian Federation(Article 30.1 - "Everyone has the right to association, including the right to form trade unions to protect their interests") and numerous laws and international conventions in force in Russia.
Labor Code and "Law on Trade Unions, Their Rights and Guarantees of Activity" describe the rights of trade union organizations in Russia. They should be yours desk books!
The first steps of a trade union organization
Since your union was created against the background of certain problems - low wages, constant changes in schedules, dangerous working conditions, reduced benefits and compensations, constant humiliation from the authorities or other problems - accordingly, it is called upon to solve these problems.
However, you need to decide where to start.
Don't grab onto everything at once!
1. First, pick one or two problems, no more!
What problem you put at the forefront depends on the situation and will be determined by the general opinion of the trade union activists (Council of Representatives and the Executive Committee).
It is important that you are well prepared to deal with any problem.
You must have a clear idea of what it is, how you want to solve it, whether there is a consensus among you on this matter, whether your workmates will be ready to actively support your demands.
Some organizations decide to immediately put the most pressing questions to their bosses - this can be done when the team really has unity and readiness to act - evaluate the team's readiness to take decisive action to protect their rights and enter into an acute conflict with the bosses.
If your organization is still small, “the people are not ripe,” and tension and discontent in the team are manifested only in the form of conversations in the smoking room, think about whether it is worth getting involved immediately in an acute conflict. He may choose a strategy of small steps - at first, for example, to seek the elimination of obvious violations of the law - this will also be difficult to achieve, but in this case the law will be on your side, and this will strengthen your position. Success will prove to the doubters the benefits of the union.
2. Organize your work environment.
Be prepared for the fact that negotiations with the administration will bring a lot of paperwork. Therefore, it is important that you are provided with the conditions for this! Ask the administration about the provision of premises. The trade union organization has the right to provide premises and office equipment (Article 377 of the Labor Code).
Insist that management take the union's views into account when required by law - for example, scheduling, layoffs or layoffs of union members, local labor regulations. Remember that the union has the right to receive information about the socio-economic situation at the enterprise and all issues related to working conditions.
3. Grow!
Any trade union organization should try to involve as many members in the trade union as possible - first of all, its strength and influence on the employer depends on this.
If you have already informed the management about the existence of your organization, you have the right to post information about your activities in a place accessible to employees (Article TC 377). Spread this information as quickly as possible. Communicate actively with colleagues about the goals of the organization, learn about their problems and suggest how they can be addressed with the union. Wherein:
Take people's fears and fears seriously. Explain how you can protect yourself from pressure.
Don't promise to make progress that you're not sure about. Gossip will only undermine the credibility of the union organization.
Remind colleagues that union membership does not mean that others will solve their problems, but that it will depend on them, how much and what can be achieved.
4. Communicate, keep in touch
It is very important that both union and non-union members are aware of the organization's activities.
While the organization is small, it is possible to communicate informally, but at the same time, you need to try to convey information completely and clearly in order to prevent rumors.
Try to set up regular meetings or gatherings right away where possible.
In large organizations, the task of informing employees can be solved either by creating active precinct organizations, or through the division of responsibility, determining who in the Executive Committee (trade union committee) and the Council of Representatives will be responsible for information work, and in which department.
It is very important to issue newsletters. Printed information is generally more accurate and will reach people you may not be able to speak to in person.
Be sure to share your successes, even if they seem insignificant to you! Moscow was not built right away either. First, they convince people that union membership makes sense. Second, they can serve as an example of how to proceed to achieve the next goal.
What if the administration is against the creation of a trade union?
Unfortunately, not all employers are willing to respect our rights to form a union and defend our interests. Where management is not yet accustomed to the idea of coexistence with a union, and union activists are still inexperienced, administration harassment can pose a serious threat. Harassment can be overt or covert.
Often, the administration tries to track down trade unionists and prosecute them one at a time. In order to split the ranks of workers, all kinds of rumors are spread about them, they can be accused of corruption, unfair work, etc.
Here we will not be able to give a complete list of all possible types of counteraction to such pressure, only a few short tips.
1. The administration has no right to interfere in trade union activities !.
Any attempt to prohibit or prevent people from joining a trade union or taking an active part in its legal actions is unconstitutional and illegal!
2. Don't stop communicating!
When the pressure begins, you should not take a wait-and-see attitude or go into the shadows - this will play into the hands of the administration, which is trying to divide you and deal with you one by one. Try to get in touch with colleagues as soon as possible, call a meeting, and discuss your overall response. Depending on the situation, the meeting can take place at the enterprise or outside it, at someone's home, at the nearest cafe, at the office of the superior union, at the school next door ...
Work together! Always remember - everyone will not be fired, everyone will not be punished. Cohesion is your strength!
3. Record all violations of your rights in writing!
Ask for written confirmation of illegal orders. Create your own testimony of who, when and how interfered in union activities or threatened you with negative consequences of your membership or activity in the union. Fix the sequence if immediately after the creation of the trade union you were bombarded with unjustified reprimands and fines, if you immediately after your joining the trade union turned from good worker in bad.
Appeal such facts to the administration, and if it does not correct them, notify the labor inspectorate, higher trade union bodies.
Keep copies of all documents, both received from the administration and sent by you, with a stamp registering the receipt! This also applies to official correspondence, and pay slips, and labor contracts, and other materials!
4. Don't let people divide!
The most common tactic for employers is to put pressure on each union member individually. For this, they usually choose either the most vulnerable or the most active. Talk to your union members ahead of time about how to behave if they are called into the office one by one and offered to get a promotion and quit the union or quit right away. Try to avoid these situations. You have the right to interrupt the conversation if the leaders start talking about your trade union activities, or call your representative, for example, the chairman of the primary organization or a member of the trade union committee. Look after each other if one of you is called on the carpet, think about how you can help him. Sometimes even a mobile phone call or a "casual" visit with a minor question to the manager's office where the conversation is taking place can be helpful.
If one is called, most likely, others will be called. Try to stop it right away. It is best for everyone to come to this leader together and explain to him that his actions are illegal and that you are ready to appeal them together. Again, record (in writing, as well as audio and video) all such conversations and attempts at intimidation. Cohesion is your strength!
5. Do not believe the rumors spread by the administration!
Another way to fight a union is to quarrel its members among themselves by spreading rumors. For example, that the chairman wants to solve only his own problems. Or that he is mentally unbalanced or a drunkard, and therefore such a troublemaker. Or that "it has already been purchased." Or that everyone else has already left the union, only, they say, "You are the only one so stubborn."
Do not believe the words of the administration! Check all information received from them with colleagues. If rumors are spreading about you, think about how to convey the truth to people - orally or in writing.
6. Don't let your colleagues be offended!
Do not stand aside if you see pressure on your workmates. Remember, you could be the victim. A person who has come under attack for your joint business needs your support!
You can come to the leadership together and express your protest, collect signatures under a joint statement in defense of colleagues, come up with other actions of solidarity and take part in them, testify inappropriate behavior bosses, and much more. The main thing is to make it clear that no one is alone in this conflict!
7. Don't sign documents against yourself!
Any administration tries to avoid evidence that it is harassing workers because of its union membership. Therefore, people are persuaded to sign a "voluntary" withdrawal from the trade union, to quit "according to on their own"Or" by agreement of the parties ", confess to dishonest work or other actions.
Don't sign documents against yourself! If you are fired for union activities, you can be reinstated in your job through the courts and receive compensation for your involuntary absence from work. If you leave of your own accord, then it will be much more difficult to prove later that you were persecuted. If you are forced to sign your signature that you are familiar with the document, then always indicate which part of its content you disagree with!
8. Mobilize solidarity outside the mine, mine, factory!
The violation of trade union rights is a matter of the entire trade union movement. An attack against one union is an attack against all. And the administration will do everything to ensure that these events remain within the framework of your enterprise. Mobilize support from the higher trade organization, colleagues from other enterprises. If, for example, representatives of other trade unions start calling your administration and inquiring about the course of the conflict, then the management will understand that it is under supervision.
9. Inform the public and supervisory authorities about violations!
In a serious situation, the media and supervisory authorities can be involved.
The media is a powerful weapon, especially if the owners of your company value their reputation, since both the level of sales and the value of its shares depend on the company's image. However, communication with the press has its own characteristics - you need to understand exactly what you want to talk to them about, and what kind of reaction might follow. The basic rules for writing messages for the media are set out in the manual (link to the "Press release manual NPGR"). Check with experienced union colleagues before taking this step!
10. Do not wage personal wars!
Very often in the role of " chain dog»One of the middle managers speaks. Perhaps he just has a vicious personality. However, most often this happens with the authorization or at the direction of higher management. Do not allow yourself to be drawn into a personal war with this or that boss. He must do his job without violating your rights. If he does not fulfill this duty, then his management should figure it out. This is what we need to put pressure on - the management of the enterprise is responsible for the observance of trade union rights!
11. Don't fall for provocations!
They may try to provoke you into illegal actions or disrespectful behavior, and then use reprisals on this basis. There were cases when the union leader was tried to incite him into a fight, severely insulting him - under the supervision of a surveillance camera that records the image, but not the sound. Weigh your reactions!
12. Don't stop solving your problems!
Harassment from the administration can sometimes take all your attention, energy and time. But always remember that you have to deal with specific problems and fair questions. Return to them, try to reduce conversations to resolving these issues. An organization dedicated exclusively to self-defense will not be able to achieve the real improvement in the situation for which it was created!
More detailed information and advice on the creation of a trade union primary organization, you can get in the city or regional organization NPG Russia or the central office.
By deciding to create a Primary Trade Union Organization (PCO), you have taken the right step in choosing an organization that you have been entrusted with protecting and representing your interests.
Tell your colleagues about your decision, tell them how to create a union in the organization, convince them to do the same, find like-minded people. This will allow you to organize your own PPO in the work collective. Remember, the more workers in your facility support the solution, the stronger the organization will be!
The practice of resolving labor conflicts, defending the interests of the working people shows that only the trade union can conclude an effective collective agreement with the employer, which allows regulating the work schedule and wages, and seeking better conditions labor, social guarantees and much more. If someone has not done this, simply because they do not know how to create a union in the enterprise .
The Federal Law "On trade unions, their guarantees of activity and rights" states that PPO is an association of trade union members on a voluntary basis, working, usually in one company, one organization, in one institution, regardless of the form of subordination and ownership, acting based on the provision adopted in accordance with the charter, or based on general provision about the PPO of the respective trade union. The Federal Law "On Public Associations" states that when a public association is established in the form of a public organization, the founders of the society, by default, become members of the public organization, receive the corresponding duties and rights.
If you have like-minded people, are ready to take on the creation of a trade union at the enterprise, that is, to create a trade union primary organization, then the first step should be the choice of a trade union association, which will include the future PPO.
On the site in the section "" all trade union associations that are part of the Trade Union are listed. Some of them have their own Internet resources, on which the Statutory documents and the work that this association is carrying out is published.
Traditionally, trade union organizations are created on a sectoral professional basis, but there is a practice of uniting workers from different industries into one trade union.
How to create a union at work step by step instructions
Usually, carrying out organizational activities is no different from each other. Below we have provided an example of how to create an application software:
- If you are not a member of a trade union, but have decided to become one and you want the company to have a trade union organization, find like-minded people, organize an initiative team (at least three people).
- The initiative team needs to agree on the creation of the PPO with representatives of the trade union, in which future organization will be registered.
- Preparing and conducting the meeting.
Tell your colleagues about the concept of a "collective agreement", how exactly with its help it is possible to regulate wages, achieve better working conditions, and receive social guarantees.
It is necessary to take into account the opinion of the employer about the idea of creating a trade union organization. If he does not like it, this should not be an obstacle in the endeavor, however, it can worsen the life of the organizer. The preparation for the meeting will need to be conducted quietly, without informing employers of the time and place of the meeting. It is possible that the meeting will not be on site.
If the employer realizes the benefits of working with an organized team that is ready for partnerships for the prosperity of the company, then you need to agree with him on some formal issues: the number, time and place of the first organizational meeting.
The meeting decides to found the PPO, elects an audit commission and a trade union committee.
- The participants in the meeting write applications for joining a trade union and an application for collecting a trade union fee from them.
The payment of the membership fee is the statutory obligation of each member of the trade union. According to the law, the employer is obliged to transfer trade union contributions to the PPO free of charge if there are personal statements of the members of the trade union about the collection of a contribution from them and the inclusion of this condition in the collective agreement.
If you have any organizational issues, the specialists of the City Committee will help to solve them.
Conducting campaigning and propaganda work, you need to use different arguments in the need to create a PPO, while you need to take into account who you are influencing: the workers or the employer.
Arguments to use when talking with an employer
A system has been formed in Moscow social partnership, the law of Moscow "On social partnership" is working. Trade unions act as one of the equal parties. The primary organization at work can be an equal partner to the employer during the conclusion of the collective agreement. The collective agreement guarantees loyalty to you as an entrepreneur from the city authorities and authorities.
According to the new labor legislation, the representatives of workers in the social partnership are primarily trade unions. They are the ones who are interested in concluding a collective agreement with the employer.
The trade union organization is interested in the stable work of the company, in the release of a good, competitively capable product. We guarantee social peace in the company, subject to the observance of the collective agreement.
The trade union organization is interested in the growth of the qualifications of the workers of the enterprise, in their observance of the rules internal regulations, The Charter of the organization.
The trade union organization, among other things, sets itself the task of regulating social and labor relations. In case of non-compliance with the collective agreement, the trade union organization is ready to provide assistance in resolving labor disputes.
1. General Provisions
1.1. A primary trade union organization is a voluntary association of citizens - trade union members bound by common industrial, professional interests by the nature of their activities, working, as a rule, in one enterprise, in one institution, in one organization (hereinafter - "organization") - independently from the form of ownership and subordination.
1.2. Full name of the primary trade union organization:
Public organization - primary trade union organization
Abbreviated name of the primary trade union organization:
Primary trade union organization
[name of the enterprise, institution, organization]
Address of the location of the governing bodies of the primary trade union organization:
[write in what you want].
1.3. The primary trade union organization acts on the basis of the Charter of the trade union of workers [indicate the field of activity, name of the enterprise, organization, etc.], this regulation, current legislation RF.
1.4. A primary trade union organization can be created as a result of its establishment, as well as as a result of reorganization (merger, acquisition, division, separation) of an existing primary trade union organization in the manner prescribed by the Charter of the trade union and the current legislation of the Russian Federation.
1.5. The primary trade union organization is considered admitted to the Trade Union from the moment of approval of the minutes of the constituent meeting (conference), decision (decree) [indicate the name of the highest management body of the trade union].
1.6. The primary trade union organization is guided in its activities by the Constitution Russian Federation, Federal law"On trade unions, their rights and guarantees of activity", laws and other legal acts of the Russian Federation, the Charter of the trade union, as well as this regulation on the primary trade union organization, acts and decisions of trade union bodies.
1.7. The primary trade union organization is independent in its activities from the executive authorities, bodies local government, employers, their associations (unions, associations), political parties and other public associations, is not accountable to them and is not controlled by them, builds relationships with them on the basis of social partnership, dialogue and cooperation.
1.8. The primary trade union organization is a legal entity. The legal capacity of a primary trade union organization as a legal entity arises from the moment of its state registration, carried out in accordance with the Federal Law "On State Registration of Legal Entities and individual entrepreneurs"taking into account the established special procedure for state registration of primary trade union organizations.
State registration of a primary trade union organization as a legal entity is carried out in a notification procedure.
1.9. The primary trade union organization has a seal, stamps and letterheads, accounts in credit institutions, owns or operates separate property, can acquire and exercise property and non-property rights, bear obligations, be a plaintiff and defendant in court.
1.10. The primary trade union organization freely distributes information about its activities, has the right, in accordance with the legislation of the Russian Federation, to organize and hold meetings, rallies, processions, demonstrations, picketing, strikes and other collective actions, using them as a means of protecting social and labor rights and professional interests of members Trade union.
1.11. In accordance with the Charter of the Trade Union, the primary trade union organization may be granted the rights of the territorial organization of the Trade Union in terms of organizational and statutory issues determined by the elected body of the corresponding higher territorial organization of the Trade Union.
2. Goals and objectives of the primary trade union organization
2.1. The main goal of the primary trade union organization is to implement, in cooperation with the employer, the statutory goals and objectives of the trade union to represent and protect the individual and collective social and labor, professional rights and interests of trade union members and the social interests of their families.
2.2. To achieve these goals, the primary trade union organization through its elected bodies solves the following tasks:
Represents and protects the rights and interests of union members in terms of terms of employment and use work force, organization of production and everyday life, social and material guarantees;
Carries out public control over the observance of labor legislation, legislative and other regulatory legal acts on labor protection and health, environment, social insurance and social security, employment, improvement of housing conditions and other types of social protection of employees of the organization, as well as control over the implementation of the collective agreement, sectoral, regional and other agreements, other regulations affecting and regulating the interests and rights of employees of the organization;
Conducts collective bargaining, concludes a collective agreement, promotes the implementation of rights and monitors the performance of obligations by the parties to the collective agreement;
Carries out public control over the provision of healthy and safe working conditions, controls the use of funds for these purposes;
Participates in the settlement of collective and individual labor disputes using various forms collective protection of the social and labor rights and professional interests of the members of the Trade Union, provides the members of the trade union with free legal assistance and provides, if necessary, their legal protection;
Organizes recreational and cultural events for members of the Trade Union and their families, interacts with local authorities, public associations on the development of sanatorium and resort treatment, recreation facilities, tourism, mass physical culture and sports;
Organizes meetings, rallies, processions, demonstrations and other mass actions in defense of the rights of trade union members;
Assists in organizing insurance of trade union members against accidents, retirement benefits (including non-state), sanatorium treatment and recreation;
Carries out economic, entrepreneurial activity the profit from which is directed to achieve the statutory goals of the trade union;
Provides methodological, consulting, legal and material assistance to members of the trade union, provides training, retraining, advanced training of trade union personnel and activists, legal training for members of the trade union;
Organizes admission to the trade union and registration of trade union members, carries out organizational measures to increase the motivation of trade union membership;
Carries out public control over the intended use of social insurance funds;
Carries out information work, providing broad publicity of the activities of the primary trade union organization, its bodies and the trade union, campaigning work to involve workers in trade union members;
Participates in election campaigns in accordance with the current electoral legislation;
Carries out other types of activities that do not contradict the provisions of the Charter of the trade union, as well as the current legislation of the Russian Federation.
The primary trade union organization is the representative of workers, while workers who are not members of the trade union have the right to authorize the body of the primary trade union organization to represent their interests in relations with employers. In accordance with the legislation, the employer has the right, only taking into account the opinion of the primary trade union organization, after its prior notification and negotiations with it on the observance of the rights and interests of trade union members, to make decisions:
On the introduction of part-time work in an organization for up to six months (Article 73 of the Labor Code of the Russian Federation);
Draw up a work shift schedule (Article 103 of the Labor Code of the Russian Federation);
On the division of the working day into parts (Article 105 of the Labor Code of the Russian Federation);
About attracting to work on weekends and non-working days holidays(Article 113 of the Labor Code of the Russian Federation);
Draw up a schedule of annual paid vacations (Article 123 of the Labor Code of the Russian Federation);
On the system of remuneration and incentives for labor, including an increase in remuneration for work at night, weekends and non-working holidays, overtime work and in other cases (Articles 135, 147 of the Labor Code of the Russian Federation);
On termination of an employment contract on the initiative of the administration with an employee who is a member of the trade union;
On the liquidation of an organization, its divisions, a change in the form of ownership or its organizational and legal form, full or partial suspension of production (work), entailing a reduction in the number of jobs or deterioration of working conditions.
3. Rights of the primary trade union organization
The primary trade union organization has the right:
To exercise union control over employers' compliance, officials labor legislation, including on issues of an employment agreement (contract), working hours and rest time, remuneration, guarantees and compensations, benefits and benefits, as well as on other social and labor issues in organizations in which members of this trade union work, as well as the right to demand the elimination of identified violations. Employers, officials are obliged to inform the trade union of the results of its consideration and the measures taken within a week from the date of receipt of the request to eliminate the identified violations;
To exercise trade union control over the observance of labor legislation, create their own labor inspectorates, which are vested with the powers provided for by the provisions approved by the trade unions; freely visit organizations and workplaces where union members work;
Receive free and unhindered information from the employer on issues within the competence of the primary trade union organization;
Invite representatives of the employer to discuss the information received;
Participate in the investigation of industrial accidents;
In cases of detecting violations that threaten the life and health of employees, require the employer to immediately eliminate the violations with a simultaneous appeal to the Federal Labor Inspectorate for taking urgent measures, and also require the employer to suspend work pending a final decision by the inspectorate; be a member of the attestation commission;
Participate in the examination of the safety of working conditions at the designed, constructed and operated production facilities, as well as in the examination of the safety of the designed and operated mechanisms and tools;
In cases of violation of labor legislation, the primary trade union organization has the right, at the request of employees, as well as on its own initiative, to file applications in defense of their labor rights to the bodies considering labor disputes;
Create legal services and consultations to protect social, labor and other civil rights and the professional interests of its members;
Elect (delegate) their representatives to trade union bodies, recall and replace them;
Participate through their representatives in the work of collegial trade union bodies;
Participate in the formation of social programs aimed at creating conditions that ensure a dignified life and free development of a person, in the development of measures for the social protection of workers, in determining the main criteria for living standards, the amount of indexation of wages, pensions, scholarships, benefits and compensations depending on the change in the index prices, and also has the right to exercise trade union control over compliance with legislation in this area;
Submit draft documents and proposals for consideration by trade union bodies, receive information on the results of their consideration;
Apply to the trade union bodies of the territorial organization of the trade union with a petition to protect their rights and interests in the representative, executive and judicial authorities;
Participate in the development of proposals of the trade union to draft laws and other regulatory legal acts affecting the social and labor rights of workers;
Establish the number of staff members, released trade union workers and determine the conditions of remuneration for their work;
Use the property of the trade union and the territorial organization of the trade union; manage their own financial resources remaining in the primary trade union organization after all payments;
Apply to trade union bodies for advice, assistance and support, as well as attract paid experts and other specialists to carry out their functions;
Submit proposals to local governments in the formation of plans and programs for the development of the municipality;
Represent and protect collective social and labor rights and interests of workers, regardless of their membership in a trade union, if it is empowered to represent;
Apply to the relevant state and executive authorities, local authorities or the court to resolve disputes related to the activities of the primary trade union organization and the protection of the rights and interests of trade union members;
Have their representatives in the commissions created in the organization for the privatization of state and municipal property, including social facilities;
Make proposals and participate in the activities of the territorial organization of the trade union for the development and conclusion of a regional sectoral agreement, other agreements;
Apply to trade union bodies with proposals on organizing mass actions, including holding rallies, demonstrations, processions, picketing, declaring a strike, as well as on support by the trade union of collective actions carried out by the primary trade union organization;
Participate in the development of various programs and the creation of funds for the territorial organization of the trade union;
Use the possibilities of the territorial organization of the trade union and the trade union for training trade union personnel and activists, receiving and disseminating information necessary for their activities;
Make proposals on awarding trade union members, workers of trade union bodies with insignia of the trade union, the territorial organization of the trade union, as well as trade union associations, which include the trade union and its organizations, and to support applications for awarding them with state awards, conferring honorary titles on them.
4. Duties of the primary trade union organization
The primary trade union organization is obliged:
In their activities, be guided by the current legislation of the Russian Federation, the Charter of the trade union and this regulation;
Transfer membership fees to the territorial organization of the trade union in the amount, procedure and on the conditions stipulated by the Charter of the trade union;
Conduct an annual reporting general meeting (conference) or a report of the trade union committee to the members of the trade union (their representatives);
Conduct collective bargaining with the employer and conclude a collective agreement or agreements on conditions agreed by the parties, in which the parties are employers and trade unions (their primary bodies) acting on behalf of employees;
Monitor compliance with the terms of the concluded collective agreement or agreement in the event that a trade union body detects violations of contracts (agreements), as well as other social and labor issues, submit submissions to the employer for consideration;
Support the activities of the trade union and take an active part in the implementation of its goals and objectives, show solidarity in protecting the rights and interests of union members;
To carry out the decisions of the trade union bodies adopted in accordance with the Charter of the trade union;
Inform the governing bodies of the trade union about the fundamental decisions and actions taken, changes in the regulations on the primary trade union organization and in the composition of the leading personnel;
Submit tax, accounting and statistical reporting in the manner and volume provided for by the current legislation of the Russian Federation;
Submit for the consideration of their collegial bodies questions proposed by higher trade union bodies;
Consider the proposals of permanent and temporary (special) commissions formed by higher trade union bodies, and inform these bodies about the results of the consideration;
Show solidarity and take part in organizing and carrying out collective actions of the trade union;
Do not allow actions that are detrimental to the trade union and the territorial organization of the trade union;
Ensure the record and safety of personnel documents, and upon termination of activity as a legal entity - their timely transfer to state storage in the prescribed manner.
5. Structure and bodies of the primary trade union organization
5.1. The primary trade union organization independently solves the issues of its organizational structure.
The structure of the primary trade union organization is determined by the trade union committee. By his decision, shop trade organizations and trade union groups are created in industries, workshops, sections, offices, departments, etc.
5.2. Primary trade union organizations independently form and approve their budget, the structure of trade union organizations, and determine the staff of trade union workers.
5.3. The supreme body of the primary trade union organization is the General Meeting (conference), which is held as needed, but at least [meaning] once a year.
5.4. General meeting (conference) of the primary organization:
Determines the priority tasks and general direction of the primary trade union organization;
Hears reports of the elected bodies of the trade union organization in all areas of their activities, on the implementation of the decisions made, assesses their activities;
Approves and makes demands on the employer (head of the enterprise) to establish new or change the existing socio-economic conditions of work and life at the enterprise, conclude and fulfill the terms of the collective agreement and agreements, decides to hold a strike at the enterprise in accordance with the current legislation;
Elects the chairman and, at his suggestion, the deputy (deputies) of the chairman of the trade union organization (trade union committee) or the trade union organizer, relieves them from office;
Determines the procedure for the formation of elected bodies, their functions;
Confirms the quantitative and elects the personnel of the trade union committee;
Elects the control and audit commission;
Elects or confirms the powers of the members of the elected body of the primary trade union organization;
Nominates and elects delegates to trade union and inter-union conferences, trade union congresses, as well as its representatives to trade union bodies, in accordance with the norm of representation;
Approves the estimate of the trade union budget and the procedure for its execution, hears reports on the execution of the estimate of the trade union budget;
Decides on reorganization, termination of activities and liquidation of the primary trade union organization;
Approves the regulations on the primary trade union organization and the introduction of amendments and additions to it;
Examines other issues related to the activities of the primary trade union organization.
The general meeting (conference) is not entitled to make decisions on issues within the competence of higher trade union bodies.
5.5. The trade union committee appoints the date of the General meeting(conference), approves the agenda, determines the rate of representation and the procedure for electing delegates to the conference. The established date of the General Meeting (conference) cannot be earlier than [value] calendar days from the date of the decision to hold a general meeting (conference).
The chairman of the primary trade union organization, no later than [value] calendar days from the date of the decision, notifies the trade union members and the higher trade union body of the date, time and agenda of the General Meeting (conference).
Trade union organizations structural units the primary trade union organization must send to the trade union committee the lists of delegates and copies of the minutes on the election of delegates to the conference no later than [value] calendar day before the conference.
5.6. The right to participate in the General Meeting (conference) is exercised by a member of the trade union (delegate) only in person.
The chairman of the primary trade union organization, his deputy and the chairman of the audit commission have the status of a conference delegate.
Members of the trade union committee and the revision commission, not elected by the delegates, are conference participants with an advisory vote.
5.7. The general meeting is eligible (has a quorum) if, at the end of registration for participation in the general meeting, at least [value] of trade union members registered with the primary trade union organization and at least [value] delegates have registered.
In the absence of a quorum, a new date for the General Meeting (conference) with the same agenda is announced.
5.8. The decision of the General Meeting (conference) is made in the form of a resolution.
Decisions on the order of conduct of the General Meeting (conference) are made by members of the trade union (delegates).
The decision to change the agenda is taken by the General Meeting (conference) by a majority of at least [value] votes of the members of the trade union (delegates) participating in the General Meeting (conference).
The decision of the General Meeting (conference) is taken by a majority of votes of the members of the trade union (delegates) participating in the general meeting (conference), unless a larger number of votes is established for the adoption of the decision by the Charter of the trade union.
5.9. The minutes of the General Meeting (conference) shall be drawn up no later than [value] calendar days after its holding. The minutes are signed by the chairman and the secretary of the General meeting (conference).
The minutes indicate: place and date of the event; the total number of union members (delegates); the number of trade union members (delegates) participating in the General Meeting (conference); chairman (presidium) and secretary of the General meeting (conference); agenda; the main provisions of the speeches and the proposals received; items put to a vote and the results of voting on them; decisions taken on the agenda.
5.10. An extraordinary General meeting (conference) is held by decision of the trade union committee on the basis of its own initiative, at the request of not less than [value] of the members of the trade union, at the request of the audit commission or at the suggestion of a higher collegial trade union body.
5.11. In the period between general meetings (conferences), the leadership of the primary trade union organization is carried out by the trade union committee - an elected collegial body of the primary trade union organization, accountable to the general meeting (conference). The term of office of the trade union committee is [meaning] years.
In the primary trade union organization with the number of trade union members less than [value], the functions of the trade union committee are carried out by the general meeting. In this case, the decision of the issue of holding a general meeting and the approval of its agenda belongs to the competence of the chairman of the primary trade union organization - the trade union organizer.
5.12. Chairman, deputy (deputies) chairman of the trade union organization (trade union committee):
Organize the work of the primary trade union organization (trade union committee), prepare and conduct General meetings (conferences), exercise control over the implementation of decisions of General meetings (conferences);
Without a power of attorney, act on behalf of the primary trade union organization, represent its interests and the interests of trade union members before employers, officials of the enterprise, as well as in all bodies and organizations on matters and issues related to the statutory activities of the trade union;
They are personally responsible for the completeness of the payment of trade union membership dues and the observance of the order of their distribution and mandatory contributions, manage the property and funds of the primary organization, conclude transactions, issue powers of attorney, open settlement and other accounts in bank institutions;
They conclude labor agreements (contracts) with the workers of the trade union committee, issue orders binding on the indicated workers, approve instructions and other documents necessary for the activities of the apparatus of the trade union committee;
Carry out other actions within the powers provided by legislation, decisions of General Meetings (conferences), trade union committee, collective agreements and agreements.
5.13. Trade union committee:
Represents and protects the legal rights and interests of union members;
Negotiates, organizes the development, discussion and conclusion of a collective agreement and monitors its implementation;
Participates in the establishment of the remuneration system, the size tariff rates(salaries), forms of material incentives for employees of the enterprise;
Carries out trade union control over the employer's compliance with labor legislation, labor protection regulations and standards, over the implementation of collective agreements and agreements, labor contracts, carries out work to improve working conditions, health and living conditions of employees, controls the use of funds allocated for these purposes;
Participates in the consideration of individual and collective labor disputes on issues related to violation of the current labor legislation, the terms of the collective agreement, the establishment of new or changes in existing working conditions;
Consults union members on social and labor relations;
Represents the interests of employees in resolving collective and individual labor disputes, makes decisions on the announcement and conduct of a strike, holds meetings, rallies and other collective actions in accordance with the legislation of the Russian Federation;
Organizes current job a primary trade union organization, involves workers in a trade union; organizes registration of trade union members, conducts training of trade union activists;
Organizes and monitors the implementation of the decisions of the General Meetings (conferences) of the trade union organization, the implementation of comments and proposals of the members of the trade union, informs the trade union organization about their implementation;
Decides on calling a General Meeting (conference), determines the procedure and date for holding General Meetings (conferences);
Determines the structure of the primary trade union organization, decides on the creation of structural divisions, trade union groups and commissions;
Disposes of his own financial resources within the amount remaining after the deduction of the established amount of trade union dues to higher trade union bodies, considers the estimate of spending trade union funds and hears a report on its implementation;
Disposes of property and realizes the rights and obligations of the legal entity of the primary trade union organization within the limits of the powers granted;
Exercises the rights of an elected trade union body provided for by the Labor and Tax Codes of the Russian Federation and other regulatory legal acts;
Organizes cultural and recreational activities among members of the trade union;
Makes decisions about the provision material assistance and bonuses to members of the trade union;
Apply for rewarding members of the trade union with state awards and trade union insignia;
Performs other functions that are delegated to it by the meeting (conference).
5.14. The chairman of the primary trade union organization - the executive elected sole body of the primary trade union organization, accountable to the meeting (conference) and the trade union committee, is elected in accordance with the provisions of the Charter of the trade union.
The term of office of the chairman of the primary trade union organization is equal to the term of office of the trade union committee.
5.15. The chairman of the primary trade union organization has the right:
To represent the primary trade union organization without a power of attorney in relations with government bodies, public organizations, legal entities of any form of ownership and organizational and legal forms, individuals;
When necessary, make statements, send appeals and petitions on behalf of the trade union organization;
On behalf of the General Meeting (conference), conclude a collective agreement with employers;
To dispose of the property of the trade union organization within the powers determined by the trade union committee;
Open and close settlement and current accounts in banks and appear as managers of these accounts;
Issue powers of attorney to represent the interests of the primary trade union organization, including for transactions;
Sign on behalf of the primary trade union organization statements of claim sent to a court or arbitration court to represent the interests of the primary trade union organization in a court of general jurisdiction, arbitration court, magistrates' courts with all the rights granted by law to the plaintiff, defendant, third party;
To resolve the issues of hiring and dismissing employees of the apparatus of the trade union committee.
5.16. The chairman of the primary trade union organization is responsible for:
For the financial activities of the committee, targeted use of the funds of the primary trade union organization;
For the implementation of decisions of the highest bodies of the trade union.
5.17. Meetings of the trade union committee are held as necessary, decisions on their holding are made by the members of the trade union committee.
5.18. Decisions of trade union meetings, conferences, meetings of trade union bodies are made by a simple majority of votes in the presence of a quorum. The form of voting is determined by the general meeting, conference.
The decisions of the higher bodies on issues within their competence are binding on the lower level trade union bodies.
5.19. Trade union bodies, if necessary, form permanent or temporary commissions and working groups in the main areas of work, as well as use other forms of participation of trade union members in their activities.
5.20. A meeting of a trade union body is competent to make decisions on agenda items (has a quorum) if more participates in it [meaning] payroll members of the body.
5.21. In the election of delegates, members and leaders of trade union bodies, the candidates who receive the largest number of votes are considered elected.
5.22. Early re-election of any trade union body and its leaders may be held at the request of not less than [meaning] union members of the trade union.
5.23. The powers of a member of the trade union committee are terminated early in the following cases:
Termination of membership in a trade union;
Submitting a written statement of resignation;
Revocation by the structural unit that delegated it;
Dismissals from the organization.
The decision to terminate the powers of a member of the trade union committee in these cases is formalized by a resolution of the Trade Union Committee, which determines the date of termination of powers.
5.24. By decision of the General Meeting (conference), the powers of any member (all members) of the trade union committee may be terminated early. Such a decision is taken by a majority of not less than [value] votes of members of the trade union (delegates) participating in the General Meeting (conference).
5.25. By-elections of the chairman of the primary trade union organization and members of the trade union committee to replace the retired ones are held at the General meeting (conference) of the primary trade union organization.
Before the General Meeting (conference), the redistribution of duties among the members of the trade union committee, including the decision on the temporary performance of the duties of the chairman, is made at a meeting of the trade union committee.
5.26. In the case when the number of members of the trade union committee elected at the General meeting (conference) becomes less than [enter the required] number determined by the decision of the General meeting (conference), the remaining members of the trade union committee have the right to make a decision only on calling the General meeting (conference) for election the new composition of the trade union committee.
In this case, the members of the trade union committee, no later than [value] calendar days from the date of occurrence of the specified circumstance, are obliged to make a decision on holding a General Meeting (conference). Date of the General Meeting
(conference) cannot be later than [value] calendar days from the date of the decision to hold the General Meeting (conference).
5.27. The control and audit body of the primary trade union organization is the Audit Commission of the primary trade union organization.
5.28. The audit commission of the primary trade union organization is created to control the financial and economic activities of the primary trade union organization, the calculation and receipt of membership and other fees, the correct spending of funds, and the use of the property of the primary trade union organization.
The audit commission of the primary trade union organization is elected at the General meeting (conference) of the primary trade union organization for the term of office of the trade union and is guided in its activities by this regulation, the Charter of the trade union and the Regulation on the audit commission of the trade union, approved by the General meeting (conference) of the primary trade union organization.
6. Funds and property of the primary trade union organization
6.1. The rights and obligations of the primary trade union organization as a legal entity are implemented by the meeting (conference), the trade union committee, the chairman of the primary trade union organization, acting within, established by law and this General Regulation.
6.2. The primary trade union organization owns, uses and disposes of property belonging to it by right of ownership, including the funds necessary to fulfill its statutory goals and objectives, owns and uses other property transferred to it in accordance with the established procedure for economic management or operational management.
The legislation of the Russian Federation guarantees the recognition, inviolability and protection of property rights of the primary trade union organization, the conditions for the exercise of these rights on an equal basis with other legal entities, regardless of the form of ownership in accordance with federal laws, laws of the constituent entities of the Russian Federation, legal acts of local governments.
Financial control over the funds of the primary trade union organization by the executive authorities is not carried out, with the exception of control over funds from entrepreneurial activities. In accordance with the legislation, the restriction of independent financial activities trade unions are not allowed. The property of trade unions can be alienated only by a court decision.
6.3. The primary trade union organization is not responsible for the obligations of organizations, bodies state power and local governments, which, in turn, are not responsible for the obligations of the primary trade union organization.
6.4. In order to create conditions for the work of the primary trade union organization and the implementation of the rights granted to it, the employer is obliged to provide the elected trade union bodies of the primary trade union organizations operating in the organization free of charge, at least one equipped, heated, electrified room for holding meetings, storing documents, office equipment, communications and the necessary regulatory legal acts, as well as provide the ability to post information in a place accessible to all employees.
6.5. The sources of the formation of funds and property of the primary trade union organization are:
Trade union membership dues, as well as dues of employees who are not members of a trade union;
Funds directed as targeted funding for activities in accordance with the Charter of the trade union;
Employers' funds transferred in accordance with collective agreements for carrying out cultural, sports, health and other work, as well as for the remuneration of the heads of the elected trade union bodies of organizations;
Voluntary donations and charitable contributions from legal entities and individuals;
Income from the placement of free funds in credit institutions;
Income received from carrying out cultural, educational and sporting events, shares, securities belonging to the Trade Union;
Income from economic and entrepreneurial activities;
Other monetary funds and property received and acquired on the grounds provided for by the legislation of the Russian Federation.
6.6. Monthly membership fees are set in the amount of [value] percent of all types of earnings, scholarships of students, students.
Non-working pensioners, women on parental leave, students who do not receive a scholarship, workers and employees temporarily not working due to layoffs due to layoffs, liquidation of an enterprise, etc.) pay membership fees to the amount and procedure established by the trade union committee, or, by its decision, may be exempted from payment of membership fees.
6.7. The procedure and percentage of deductions from membership fees for cross-sectoral events, as well as in the committee of the trade union, is determined in accordance with the Charter of the trade union.
6.8. Estimates of the activities of the primary trade union organization and reports on their implementation are approved at extended meetings of the trade union committees of the primary organizations.
The remainder of the trade union membership dues and earmarked income is transferred to the next reporting year and spent in accordance with the approved estimates for the next calendar year.
6.9. The primary trade union organization may own land plots, buildings, structures, facilities, health resorts, tourism, sports, other health institutions, cultural and educational, scientific and educational institutions, housing stock, organizations, including publishing houses, printing houses, as well securities and other property necessary to ensure the statutory activities of the primary trade union organization.
When the primary trade union organization is liquidated, the right to own, use and dispose of its funds and property is transferred to the higher trade union body.
6.10. The primary trade union organization has the right to establish banks, solidarity funds, insurance, cultural and educational funds, education and training funds, as well as other funds that meet the statutory goals of the trade union.
6.11. A primary trade union organization has the right to carry out entrepreneurial activities on the basis of federal legislation through organizations established by it in order to achieve the goals provided for by the charter and corresponding to these goals.
6.12. The primary trade union organization has the right:
Use your funds to financially support the activities provided for by this regulation, spend them in accordance with the approved budget (estimate), followed by an annual and, in general, for the period of authority, a report on their use to members of the trade union;
Store funds in banks of her choice, receive interest on deposits, hold lotteries, have shares and provide loans.
6.13. Those who left or were expelled from the trade union are not entitled to the common trade union property, the membership fees paid by them are not refundable.
Trade union members are not responsible for the obligations of the primary trade union organization, and the primary trade union organization is not responsible for the obligations of its members.
6.14. The primary trade union organization is not responsible for the obligations of higher trade union organizations.
7. Reorganization, termination of activities, suspension, prohibition of activities and liquidation of the primary trade union organization. Final provisions
7.1. The reorganization or termination of the activity of the primary trade union organization is carried out by decision of its members in the manner determined by the Charter of the trade union, and the liquidation of the trade union or the primary trade union organization as a legal entity - in accordance with federal law.
7.2. The decision on reorganization (merger, acquisition, division, separation) and liquidation of the primary trade union organization is made by the General Meeting (conference) in agreement with the elected body of the higher territorial organization of the trade union. The reorganization or liquidation of the primary organization of the trade union can be carried out both at the initiative of the General Meeting (conference) of the primary trade union organization, and at the initiative of the presidium of the elected body of the higher territorial organization of the trade union. A decision is considered adopted if at least two-thirds of the delegates who took part in the voting voted for it, provided there is a quorum.
If a decision is made to liquidate the primary trade union organization, a liquidation commission is created. The property of the primary trade union organization, remaining after all settlements and mandatory payments have been made, are directed to the purposes provided for by the Charter of the trade union and determined by decisions of the General Meeting (conference) and the presidium of the elected body of the higher territorial organization of the trade union.
7.3. State registration of a trade union or primary trade union organization in connection with their liquidation and state registration of a trade union or a primary trade union organization created through reorganization are carried out in the manner prescribed by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", taking into account the specifics of such registration established the legislation of the Russian Federation.
Information and documents required for state registration of a trade union or primary trade union organization in connection with their liquidation are submitted to the body that issued the document on state registration of this trade union or this primary trade union organization.
The documents required for the implementation of state registration of a primary trade union organization created through reorganization are submitted to the federal state registration body or its territorial bodies in the corresponding constituent entities of the Russian Federation. In this case, the procedure for submitting these documents is determined by the Government of the Russian Federation.
Upon receipt of the documents required for state registration of a primary trade union organization in connection with its liquidation or in the event of its creation through reorganization, the federal state registration body or its territorial body sends to the authorized registering body the information and documents necessary for this body to carry out the functions of maintaining a single state register of legal entities.
On the basis of the necessary information and documents submitted by the federal state registration body or its territorial body, the authorized registering body shall, within a period of not more than five working days from the date of receipt of the specified information and documents, enter into a single State Register legal entities, and no later than the working day following the day of making the corresponding entry, notify the body that submitted the specified information and documents.
Interaction order federal body state registration and its territorial bodies with an authorized registering body for the state registration of a trade union or primary trade union organization in connection with their liquidation or in the case of their creation through reorganization is determined by the Government of the Russian Federation.
7.4. If the activity of the primary trade union organization contradicts the Constitution of the Russian Federation, the constitutions (charters) of the constituent entities of the Russian Federation, federal laws, it may be suspended for up to six months or prohibited by decision The Supreme Court Of the Russian Federation or the corresponding court of the constituent entity of the Russian Federation at the request of the Prosecutor General of the Russian Federation, the prosecutor of the corresponding constituent entity of the Russian Federation. Suspension or prohibition of the activity of the trade union by decision of any other bodies is not allowed. The activities of the primary trade union organization may be suspended or prohibited in the manner and on the grounds provided for by the Federal Law "On Counteracting Extremist Activity".
7.5. The primary trade union organization, during the period of its activity, ensures the registration and preservation of documents on personnel, as well as the transfer of documents for archival storage or in an elected body of the higher territorial organization of the trade union during the reorganization or liquidation of the organization.
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