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Registration of a collective agreement: procedure, terms, features
A collective agreement is a local regulatory act that regulates labor, social, economic and professional relations between the employer and employees at the enterprise. He is
an important tool of social partnership, which allows taking into account the interests of both sides of labor relations.
Who can conclude a collective agreement?
A collective agreement is concluded at enterprises, institutions, organizations that use hired labor and have the status of a legal entity. According to the new draft of the Labor Code, it is planned to grant this right also to natural persons-entrepreneurs who use hired labor.
Content of the collective agreement
A standard collective agreement contains provisions on:
- The system of labor payment and its dimensions
- Mode of work, duration of working hours and rest
- Conditions and labor protection
- Social guarantees, benefits, compensations
- The procedure for resolving labor disputes
- Conditions of activity of trade unions or other representatives of employees
The procedure for registering a collective agreement
After the collective agreement is signed by the parties, it is submitted for registration to the local executive authority or local self-government body at the location of the enterprise.
For registration, you must submit:
- Three copies of the contract (two originals and one copy)
- All annexes to the contract
- Protocols of disagreements (if any)
- Information about representatives of the parties
It is important that the documents do not contradict the current legislation and higher-level agreements, contain information on the sources of financing additional social benefits and meet the requirements of the language legislation.
Terms of registration of a collective agreement and its features
The legislation does not establish a clear deadline for submitting the contract for registration after it is signed. However, the registration itself is carried out within 14 days from the date of receipt of the documents. The registration process is free, and the registering body cannot require changes to the content of the contract.
If inconsistencies are detected, the registrar can point out the deficiencies and set a deadline for their elimination. Refusal of registration is possible only if the copies of the contract are not authentic.
Important aspects of collective agreement registration:
- Registration does not affect the validity of the contract. It is effective from the moment of signing or from the date specified in the contract itself.
- Changes and additions to the collective agreement are also subject to registration.
- Lack of registration does not entail legal liability but may create practical difficulties when interacting with state authorities.
Registration of a collective agreement is a simple but important procedure. It ensures transparency of labor relations and respect for the rights of both parties. Timely and correct registration will help to avoid problems in the future.
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Lawyer
Lawyer, specializes in resolving international arbitration and court disputes, corporate, labor, medical, contract law, as well as supporting the economic activities of legal entities and individual entrepreneurs.
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