Responsibility for non-application of the sectoral agreement

For example, the legislation on remuneration is based on: the main areas of State regulation of the remuneration of employees in enterprises are regulated by art. In particular, it is implemented by: (a) setting the amount of the MLA; (b) the head of the medical institution and the other responsible person of the organization may be charged with administrative liability in the form of a fine for violations of the labour law; and (c) re-offending may be disqualified.

Contents:

• Responsibility for non-application of the sectoral agreement
• Fine for lack of salary indexation 2019

Responsibility for non-application of the sectoral agreement

For example, the legislation on remuneration is based on: the main areas of State regulation of the remuneration of employees in enterprises are regulated by art. In particular, it is implemented by: (a) setting the amount of the MLA; (b) the head of the medical institution and the other responsible person of the organization may be charged with administrative liability in the form of a fine for violations of the labour law; and (c) re-offending may be disqualified.

All employers, including IPs and commercial organizations, are obliged to index wages: do employers have an obligation to index wages in the absence of a collective agreement or local act? Get free advice right now: a call to a free sectoral agreement by the collective agreements of the organizations of the Ministry of Internal Affairs of the Czech Republic cannot contain conditions that reduce the rights and guarantees of civil servants and workers established by the legislation of the Russian Federation, the legal acts of the Russian Federation containing labour law and the agreement.

In the absence of a collective agreement in the organizations of the Ministry of Internal Affairs of the Russian Federation, the Agreement shall have direct effect; this Agreement shall enter into force on 1 January and shall remain in force until 31 December; the Parties undertake to enter into negotiations for the conclusion of the Agreement for a new term or its extension not later than 6 months before the end of the term of this Agreement and to sign it before the end of the term of this Agreement.

The agreement applies to all representatives of the employer, employers, civil servants and employees of organizations of the Ministry of Internal Affairs of the Czech Republic and is mandatory for representatives of the employer, employers and the elected bodies of the trade union organizations to carry out their duties.

The absence of an elected trade union body shall not exempt the employers' representatives or employers from the Agreement; in the event of conditions requiring the addition or amendment of this Agreement, the Party concerned shall notify the other Party in writing of the commencement of negotiations in accordance with the legislation of the Russian Federation and the Agreement.

The amendments and additions to the Agreement adopted by the Parties shall be drawn up by agreement, which shall be an integral part of the Agreement and shall be communicated to the representatives of the employer, employers, elected trade union bodies, civil servants and employees of the organizations of the Ministry of Internal Affairs of the Russian Federation in the Chelyabinsk region, and shall ensure the participation of representatives of the other Party to the Agreement in the work of its bodies in the consideration of the content of the Agreement and its implementation.

The interpretation and clarification of the provisions of the Agreement shall be subject to the mutual agreement of the representatives of the Parties and, in the event of reorganization by one of the Parties to the Agreement, the rights and obligations of the Parties to the Agreement shall be transferred to their successors and retained until the conclusion of a new Agreement or the amendment of the Agreement, but not longer than the term of this Agreement.

The entry into force of the Agreement does not depend on the fact of its notification; within two weeks of the notification of the registration of the Agreement, the Ministry of Internal Affairs transmits the text to the organizations of the Ministry of Internal Affairs of the Czech Republic and the trade union to the elected trade union bodies for information and fulfilment of their obligations.

The parties shall, within the limits of their powers, assume the obligations and rights enshrined in the general agreement between the general Russian trade union associations, the general Russian employers ' associations and the Government of the Russian Federation.

The Ministry of Internal Affairs, guided by the basic principles of social partnership, is aware of the responsibility for the functioning and development of the organizations of the system of the Ministry of Internal Affairs of the Czech Republic and of the need to improve the situation of civil servants and employees of the organizations of the Ministry of Internal Affairs of the Czech Republic:

Provides full and timely funding to the organizations of the Ministrys' system in Chelyabinsk province, in accordance with the limits of budgetary obligations approved by the federal law on the federal budget for the year and the planning period, and in the exercise of the functions of the State customer of the federal targeted programmes, provides the Trade Union with information on relevant federal targeted programmes affecting the social and labour rights of civil servants and employees of organizations of the Ministrys' system in Chelyabinsk province and affecting their socio-economic situation.

In accordance with the established procedure, he shall bring to the attention of the relevant elected trade union bodies, insofar as they relate to the regulations of the Ministry of Internal Affairs and the legal acts of the Ministry of Internal Affairs concerning the official and social labour interests of civil servants and employees of organizations of the Ministry of Internal Affairs of the Czech Republic.

At the request of the trade union, it informs of existing and or pending regional and other social programmes affecting workerss'ocial and labour rights and, in conjunction with the trade union, organizes consultations on the possible foreseeable socio-economic consequences of such programmes.

Develop and improve forms of social partnership in organizations of the system of the Ministry of Internal Affairs of the Czech Republic at the regional and local levels, and assist representatives of employers, employers and elected trade union bodies in concluding regional sectoral agreements and collective agreements in organizations of the system of the Ministry of Internal Affairs of the Czech Republic.

The representatives of the employer, employers, upon receiving written notification from a regional interregional, territorial or primary trade union organization of the intention to conclude a regional sectoral agreement or collective agreement, are obliged to enter into negotiations and conclude them on the terms agreed by the Parties and to promote the effectiveness of collective agreements concluded in the organizations of the Ministry of Internal Affairs of the Czech Republic.

To invite a representative of the other Party to participate in the work of its bodies when matters related to the implementation of the Agreement are being considered; to send representatives to participate in the work of the said bodies when invited; to provide one another with full and timely information on social and labour issues necessary for collective bargaining; on the status of implementation of the Agreement; on decisions taken concerning labour relations; on professional and socio-economic rights; and on the interests of civil servants and employees of organizations of the Ministry of Internal Affairs of the Russian Federation in the Chelyabin region; and to consult each other on these issues.

To address the most important issues affecting the rights and interests of civil servants and employees of organizations of the Ministry of Internal Affairs of the Czech Republic at joint meetings of the boards and bureaux of the respective trade union committees.

To hold consultations on the regulation of labour and other directly related relations in the organizations of the Ministry of Internal Affairs of the Russian Federation in the Chelyabinsk region, on ensuring the social and labour rights of civil servants and workers, on social and economic problems and on the tasks of organizing the Ministry of Internal Affairs system in the Chelyabinsk region, if requested to do so by the other Party.

To undertake mutual consultations on socio-economic issues not included in the Agreement but of mutual interest; to consider the submissions of the relevant trade union bodies concerning violations of legislative and other normative acts containing labour law, to take measures to eliminate them and to report on the measures taken; and to reaffirm the inalienable right of each Party to develop measures to improve labour relations in accordance with the legislation of the Russian Federation and to undertake effective cooperation in this field.

The content of the service contract and the employment contract and the procedure for their conclusion, modification and termination shall be determined in accordance with the Federal Act of 27 July 2001. The parties to the service contract and the employment contract shall determine its terms, taking into account the relevant provisions of the legislation of the Russian Federation and this Agreement, and other local acts of the organizations of the Ministry of Internal Affairs of the Czech Republic.

The terms of the service contract and the employment contract, which reduce the rights and guarantees of civil servants and employees established by the legislation of the Russian Federation, the Agreement and the collective agreement, are null and void and cannot be applied; the employment contract with employees of organizations of the Ministry of Internal Affairs of the Czech Republic is generally concluded for an indefinite period; and the fixed-term employment contract is concluded in the cases provided for by the legislation of the Russian Federation.

The employers' representative, the employer, must, before signing a service contract, an employment contract with a civil servant, an employee of an organization of the Ministrys' system in the Chelyabinsk region of the Russian Federation, inform him, by means of a receipt, of the official regulations, the internal labour regulations of the organization of the Ministrys' system in the Chelyabinsk region, the agreement, the collective agreement and other legal acts directly related to the civil servants' service and the workers' work.

In organizations of the Ministrys' system in Chelyabinsk province, where daily or weekly working hours cannot be established under the conditions of work, a summary account of working hours may be entered to be used in the development of shift schedules.

The working hours during the month, quarter and other periods may not exceed the standards established for the category of workers concerned; the reference period may not exceed one year; for certain categories of civil servants and employees of organizations of the Ministrys' system in the Chelyabinsk region, a non-normal working day may be established if necessary, according to which, by order of the employers' representatives, they may be engaged in their work outside the normal working hours, in accordance with the procedure established by the law of the Russian Federation.

The list of civil servants and employees with irregular working hours is established by a contract or local regulation, which takes into account the opinion of the relevant elected trade union body, and the civil servants' salary is paid in the same amount as the full working week; with the written consent of the civil servant, the performance of his or her duties outside the normal working hours shall be paid as overtime only if no additional paid annual leave is granted for an irregular working day.

At the request of civil servants and employees of organizations of the Ministry of Internal Affairs of the Russian Federation, representatives of the employer, employers may establish flexible working hours and other forms of work organization convenient to them in order to ensure normal activity; civil servants are granted annual additional paid leave on account of the harsh, harmful and or dangerous conditions of civil service, including in connection with service in areas with special climatic conditions, in accordance with the legislation of the Russian Federation.

Employees are granted an annual basic paid leave of 28 calendar days, and individual employees are granted an annual basic paid leave of more than 28 calendar days extended basic leave in accordance with the Labour Code and other legal acts.

In accordance with a decision of the Government of the Russian Federation of 11 December 2001, the duration of the additional leave granted to workers with irregular working hours may not be less than three calendar days; this leave shall be granted to workers whose working conditions are deemed to be harmful to 2, 3 or 4 degrees or dangerous.

The minimum period of leave for harmful working conditions is 7 calendar days, the annual basic paid leave and additional paid leave are cumulative and may be granted in instalments on the application of the civil servant and employee.

The duration of one part of the leave granted may not be less than 14 calendar days; workers with disabilities shall be granted a period of at least 30 calendar days of basic paid leave each year, and leave schedules for civil servants and employees of the organization of the Ministry of Internal Affairs of the Czech Republic shall be approved by the employers' representatives and employers, taking into account the opinion of the elected trade union body not later than two weeks before the calendar year.

In addition to the annual additional paid leave provided for by the legislation of the Russian Federation, civil servants and employees are granted additional short-term leave without pay on the following grounds:

The duration, procedure and conditions for granting the leave provided for in this paragraph are set out in a collective agreement; representatives of the employer and employers finance and provide additional vocational education and training for civil servants and employees of the organization of the Ministry of Internal Affairs of the Czech Republic, in accordance with the requirements of the post of profession, maintaining the duty station, the post occupied and the monthly monthly wage for that period.

A representative of an elected trade union body shall be included in the commission for compliance with the requirements for the conduct of federal civil servants and for the resolution of conflicts of interest when verifying compliance with the requirements for the conduct of civil servants and the resolution of conflicts of interest.

The employers' representatives and employers, if possible, ensure that certain categories of workers are brought to work from the assembly post and from the service station in the absence of a public transport route; the organization of workers ' transport to and from work is specified in collective agreements; the employers' representatives and employers consider applications by the elected trade union bodies for the representation of civil servants and employees of organizations of the Ministrys' system in the Chelyabin region, in accordance with the legal regulations of the Russian Federation, for the awarding of State awards to the Russian Federation and the ministerial marks of the difference between the Ministry of Internal Affairs of the Russian Federation.

The representatives of the employer and employers organize their work in accordance with the requirements of article 25 of the Act of 19 April on employment of the population of the Russian Federation. They carry out measures agreed with the elected trade union bodies to ensure the employment of civil servants and employees and to provide guarantees and compensation in connection with the release of civil servants and employees.

The dismissal of civil servants in connection with the reduction of civil service posts and employees in connection with the reduction of the number or number of employees is carried out by the employers' representative as a coercive measure when all employment opportunities for these civil servants and employees have been exhausted; the employers' representatives and employers ensure that civil servants and employees released from the organization of the Ministrys' system in Chelyabinsk province are given priority in the organization if new jobs are created in the organization, as well as their employment in the newly established organizations of the Ministrys' system in Chelyabinsk province.

In the event of the reduction of civil service posts, the number or number of employees of an organization of the Ministry of Internal Affairs of the Russian Federations' province of Chelyabin, the right to remain in the civil service with equal productivity and qualifications shall also prevail:

A collective agreement may provide for other categories of civil servants and employees who have the right to remain in the workplace with equal productivity and qualifications. The Parties recommend that agreements and collective agreements include obligations under: the priority of the joint activities of the Parties to this Agreement is to attract and consolidate civil servants and employees in organizations of the Ministry of Internal Affairs of the Czech Republic and to promote their professional qualifications, career development and social protection.

Develop a staff development programme, which includes the professionalization of personnel and the preservation and rational use of the professional capacity of civil servants and employees of organizations of the Ministrys' system in the Chelyabinsk region.

Send a civil servant who has been certified as an inappropriate civil service post, with his/her consent, to participate in professional development activities or be reassigned to another post.

In accordance with the established procedure, civil servants and employees of organizations of the Ministry of Internal Affairs of the Republic of China are selected and sent to educational institutions in the system of the Ministry of Internal Affairs of the Russian Federation, taking into account the results of vocational training when promoting the work of civil servants and employees in the civil service.

Employers ' representatives and employers are actively using the institution of mentoring with the participation of the most experienced civil servants and employees of the organization of the Ministrys' system in Chelyabinsk province.

On the basis of need, they provide posts in organizations of the Ministrys' system in the Chelyabinsk region to graduates of higher education organizations studying in the targeted areas of the Ministry of Internal Affairs of the Russian Federation.

Inform young professionals about the tasks and activities of the trade union organization in the protection of their social and labour rights and economic interests, promote young peoples' professional competitions, compile and disseminate best practices.

Young professionals are encouraged to achieve high performance in the labour force and participate actively in the activities of the primary trade union organization and to contribute to the creation in the organizations of the Ministrys' system of the Chelyabinsk region of conditions for the upgrading of the qualifications and general level of education of young people; they contribute to the creation in the organizations of the Ministrys' system of the Chelyabin region of the Russian Federation of a youth fund and to the mobilization of funds in it; the regional agreements and collective agreements may provide for:

Assisting young professionals in professional and social adaptation, coordinating the effective use of human resources.

Creating conditions for the psychological and social stability of young professionals and strengthening the authority of the family institution, the formation of labour dynasties and the institution of mentoring, and the creation of conditions for the conduct of patriotic and spiritual education for young people.

Fine for lack of salary indexation 2019

For the absence of an INA regulating wage indexing, the Government's annual wage indexation is news: all employers, including IPs and business organizations, are required to index wages. Are employers obliged to index wages in the absence of a collective agreement or local act?

The registration of the VBO makes the situation worse than the existing legislation and agreements, and brought the case before the court; the Court of Appeal, by setting aside the decision of the court of first instance, granted the claims; the Supreme Court agreed with the Court of Appeals' finding that there were legal grounds for satisfying the claims.

The Sectoral Agreement provides for the possibility of concluding sectoral agreements under the rules of the Labour Code of the Russian Federation: the Sectoral Agreement, together with the Acts of Labour Law, contains the rules of labour law for the parties to this Agreement. Art. The Sectoral Agreement applies to: 1 of all employers in the industry who have entered into a Sectoral Agreement; 2 of employers in the industry, although they have not entered into an Industry Agreement but have either acceded to it or refused to accede to it in accordance with the established procedure after its conclusion; i.e., 3 of all employees who are in a labour relationship with the above-mentioned employers. Art. In accordance with the current legislation, the said proposal is subject to official publication and must contain information on the registration of the Agreement and the source of its publication. In this letter, employers in the industry that were not parties to the Sectoral Agreement were invited to accede to it; this means that if within 30 calendar days of the date of the official publication of the proposal to the Ministry of Health and Social Development of Russia by employers who did not participate in the Sectoral Agreement will not be submitted, in accordance with the established procedure, a motivated written refusal to join the Agreement under the Sector Agreement, it will be considered to be subject to be subject to the Field of duty to do so.

The Agreement is a legal act establishing general conditions of remuneration for workers in the industry, their guarantees, compensation and benefits aimed at creating positive motivation for workers ' work, and the Parties consider that the labour and social guarantees established by the Agreement are minimal; it is the basis for the conclusion of collective agreements and agreements in organizations in the field of communications and information technology of the Russian Federation, as well as for the settlement of individual and collective labour disputes; agreements and collective agreements concluded by workers and employers cannot impair the level of workers ' rights, guarantees and compensation established by labour law and this Agreement.

The inspections of enterprises, institutions and organizations by the trade union bodies further confirm that not all employers are interested in establishing guarantees and rights for workers, in reconciling their interests with those of the owners of enterprises, in a socially important document such as a collective agreement, and that the reason for not concluding collective agreements is often a lack of knowledge of Ukrainian labour legislation, in particular the view that such a conclusion is not necessary; it should be noted that, to date, Ukrainian legislation in force has ambiguously interpreted the requirement to conclude collective agreements and agreements; although some believe that this Code does not regulate labour relations.

.

.

.

.

.

.

.

.

.