Ensuring the activities of the authorized person. IX. Ensuring the activities of elected trade union bodies and the rights of trade union workers Obligations of the employer to create conditions for the implementation of the activities of an elected trade union body

24.06.2020

ST 377 of the Labor Code of the Russian Federation.

The employer is obliged to provide the elected bodies with primary
trade union organizations uniting its employees, a room for meetings,
storage of documentation, as well as provide the opportunity to place information in an accessible
for all employees of the location(s).

An employer with more than 100 employees, free of charge
provides for use by the elected bodies of the primary trade union organizations as
at least one equipped, heated, electrified room, as well as
office equipment, means of communication and the necessary regulatory legal documents. Other enhancers
conditions for ensuring the activities of these trade union bodies may be provided
collective agreement.

The employer can provide in accordance with the collective agreement in
free use of the elected body of the primary trade union organization owned
employer or buildings, structures, premises and other facilities rented by him, as well as bases
recreation, sports and health centers necessary for organizing recreation, maintaining
cultural-mass, sports and health-improving work with employees and members of their families.
At the same time, trade unions do not have the right to establish fees for the use of these facilities for
workers who are not members of these trade unions, above the established
employees who are members of this trade union.

In cases stipulated by the collective agreement, the employer deducts monetary
funds of the primary trade union organization for mass cultural and physical culture
health work.

If there are written applications from employees who are members of the professional
union, the employer monthly transfers free of charge to the account of the trade union organization membership
union dues from wages workers. The order in which they are listed is determined
collective agreement. The employer does not have the right to delay the transfer of the specified
funds.

Employers who have entered into collective agreements or are subject to
the effect of sectoral (intersectoral) agreements, upon written application of employees, is not
who are members of the trade union, monthly transfer to the accounts of the trade union organization
cash from the wages of the said employees on the terms and in the manner that
established by collective agreements, sectoral (intersectoral) agreements.
The remuneration of the head of the elected body of the primary trade union organization may
be made at the expense of the employer in the amount established by the collective agreement.

Commentary on Art. 377 of the Labor Code of the Russian Federation

1. The employer is obliged to assist the trade unions in the implementation of their statutory activities. This assistance is provided on the basis of the recognition of the trade union as the legal representative of the rights and interests of trade union members, the social partner of the employer.

2. The main obligation of the employer to ensure the activities of the trade union is to provide the latter with the necessary technical means for conducting trade union activities. At the same time, the employer, by virtue of the law, is responsible for ensuring the activities of the primary trade union organization only, but not of higher trade union bodies.

Any employer is obliged to provide the primary trade union organizations, regardless of how many such organizations unite its employees, with a room for storing documentation, for holding meetings and a place for posting trade union information. The employer is not obliged to transfer the place for holding meetings to the trade union organization for permanent use. The specific characteristics of the provided premises and places for posting information, the procedure for providing premises for holding meetings (meetings) are determined in the collective agreement.

3. The employer, the number of employees of which exceeds 100 people, is assigned additional responsibilities to ensure the activities of trade unions. He is obliged to provide the primary trade union organizations with premises suitable for permanent job, office equipment, means of communication and necessary legal documents. At the same time, one room can be allocated for the needs of all trade union organizations. In this case, the procedure for using the respective premises and technical means determined by agreement between the primary trade union organizations. The provision of premises and technical facilities for the needs of each trade union organization is determined separately by the collective agreement. The collective agreement also establishes specific characteristics (location, area, etc.) of the allocated premises and technical means.

4. In addition to working to represent the rights and interests of their members before the employer, trade unions can carry out mass cultural and physical culture and health-improving work. To ensure this activity, the employer has the right to provide trade unions with facilities suitable for conducting the relevant work, as well as deduct funds. The mutual obligations of the parties to conduct such work are determined by the collective agreement. The trade union in this case is entrusted with the duty not to discriminate against workers. The payment for the use of transferred objects for workers should be equal regardless of membership in the trade union.

The Constitution of the Russian Federation establishes the right of citizens to unite and guarantees the freedom of trade unions that perform representative and protective functions. Therefore, the creation of a trade union does not depend on the will and desire of the employer and can occur at any time. But maybe it makes sense to find common interests and treat the trade union as an equal partner? After all, interaction within the framework of social partnership is even beneficial for the employer.

According to paragraph 1 of Art. 2 federal law dated 01/12/1996 N 10-FZ "On trade unions, their rights and guarantees of activity" (hereinafter referred to as the Law on Trade Unions), a trade union is a voluntary public association of citizens connected by common industrial, professional interests by the nature of their activity, created for the purpose of representation and protection their social and labor rights and interests.

The human right to form trade unions and join them is one of the fundamental ones and is enshrined in both international norms and Russian legislation. Moreover, the laws prescribe the formation of normal conditions for the work of trade unions. The generally recognized principles and norms of international law concerning the creation of trade unions are reflected in Art. 30 of the Constitution of the Russian Federation: everyone has the right to association, but no one can be forced to join or stay in any association.

The Law on Trade Unions is based on these constitutional norms. It sets legal framework creation and activities of trade unions, regulates their relations with the bodies state power and local government, employers, their associations (unions, associations), other public associations, legal entities, citizens. In addition, the activities of trade unions are regulated by Federal Laws No. 82-FZ of May 19, 1995 “On Public Associations” (hereinafter referred to as the Law “On Public Associations”), No. 7-FZ of January 12, 1996 “On Non-Commercial Organizations” (a trade union is non-profit organization, created in the form public association), as well as the norms of the Labor Code of the Russian Federation.

How to create a trade union?

To create in construction company the primary trade union organization (hereinafter referred to as the PPO) formally only seven people are enough: at least three members of the trade union committee, up to three members of the revision commission, one of which is the auditor, and "ordinary" members of the trade union.

The law does not directly regulate the procedure for creating a PPO. However, according to par. 3 p. 1 art. 8 of the Law on Trade Unions, the decision to create it, the approval of charters and regulations are within the competence of general meetings, conferences or congresses. The congress (conference) or general meeting is convened by the founders of the trade union, which can be both individuals and legal entities(Art. 6 and 18 of the Law "On Public Associations"). A protocol must be drawn up on the fact of the creation of the association, which must be signed by the chairman and secretary of the meeting. At the meeting it is necessary to elect the trade union committee, its chairman and deputies. The size of the committee may vary depending on the circumstances and the size of the organization, but it must include at least three people. The trade union is considered to be established from the moment of adoption of the above decisions. From the same moment, the PPO has the right to carry out its statutory activities, acquire rights and assume obligations.

In order to take account of trade union members (in order to ensure their equality and confirm their interest in joint problem solving), admission to membership is carried out on the basis of individual applications. That is, the employee is obliged to express his desire to join the trade union in writing. Moreover, he must write a statement of payment membership dues. We note that Art. 377 of the Labor Code of the Russian Federation obliges the employer, in the presence of personal written statements from employees - members of the PPO, to monthly transfer membership fees from the wages of employees to the account of the trade union by bank transfer.

It is also important that PPO does not need state registration(that is, in obtaining the rights of a legal entity).

Thus, the creation of PPO is not very difficult and does not require costs. The fact that a trade union cell has appeared at the enterprise will be reported to the employer, but this will happen after its creation.

Pros and cons

AT modern Russia exists a large number of trade union organizations, their unions and associations total strength about 30 million people. Their representatives regularly take part in meetings of federal and regional governments, international symposiums, forums and conferences. However, most of the country's trade unions, in fact, can hardly be called associations of workers on interests. Simultaneously with the workers and engineering and technical personnel, administrative personnel may be in the same trade union cell. In addition, in many companies, under the "sign" of trade union bodies, the social security of workers is carried out at all.

The attitude of the general public towards trade unions is clearly shown by the results of polls conducted by VTsIOM. According to them, 39% of the citizens surveyed consider the activities of trade unions to be inconspicuous, useless and ineffective, 16% believe that trade unions fight for the interests of workers, while fulfilling the will of the authorities. Almost half of the respondents (46%) do not trust trade unions at all.

However, all this, of course, does not mean that real trade unions have disappeared in Russia. Over the past 10 years, many new organizations have emerged that have proven in practice their ability to protect the rights and interests of workers. Some of the "old" trade union organizations have also managed to win the respect of today's workers.

Trade unions in the world

The first trade unions arose at the end of the 18th century. in England. Then, as the economic and political prerequisites matured, they began to appear in the United States, France, Germany and other countries. The peak of the trade union movement in most states occurred in the 1960s.

However, in the 1980s, union membership began to decline steadily. The world indicator of coverage of workers by the trade union movement in 1970 was 29%, and by the beginning of the XXI century. fell below 13%.

Among the reasons for the crisis of the trade union movement, experts cite the growth of employment in small businesses, where it is difficult for unions to work, the decline of the "old" industries in which such associations were traditionally strong, the widespread non-standard forms employment (part-time, temporary employment, home work, job sharing, etc.). played a role and rapid change the ethnic composition of the working population (attracting migrants, people from Africa, Asia, the Middle East, where there are no stable traditions of the trade union movement). In addition, today it can be argued that the main goals of the trade union movement have been achieved - trade unions enjoy broad rights, employees are guaranteed a minimum wage, an 8-hour working day, a 40-hour working week.

At the same time, one cannot say that trade unions are a phenomenon of the past and in modern society they have no future. They are quite strong in the US public sector. The European Trade Union Confederation is gradually being strengthened, uniting 78 national trade union confederations, the total number of members of which is 60 million people.

Russian features

Trade unions began to form in Russia at the beginning of the 20th century. At first, these were illegal associations that arose to organize individual actions and disintegrated after they ended. Then the colonel of the Separate Corps of Gendarmes S.V. Zubatov suggested appointing his leaders to workers' associations. Thus, in 1901, the Society for the Mutual Assistance of Workers in Mechanical Production was created in Moscow, and by 1902 a huge network of already legal workers' organizations covered the entire empire.

Thus, the first trade unions in Russia were created by decree "from above", with the royal permission, in order to preserve the monarchy and the state, and not "from below", as it should have been.

It should be noted that the first conference of the trade union of builders of Russia took place on February 8, 1907 and was attended by representatives of Moscow, Riga, Lodz and other regions that at that time were part of the empire. The first trade union united masons, carpenters, plumbers and painters. The charter was adopted at the conference, and from that moment the countdown of the history of domestic trade unions began.

If in 1907 there were 652 trade union associations in the country, and their total number was 245 thousand people (3.5% of the total number of workers employed in production), after 10 years more than 2 thousand trade unions had already been created, which covered more than 2 million workers. However, the role of domestic trade unions was fundamentally different from global standards. In fact, they turned out to be social divisions of the administration of enterprises.

After the collapse of the USSR, associations of a new type began to appear, the so-called alternative trade unions, which began to actively defend the rights of workers and organize strikes. Today the most famous are "Protection of Labor", "Siberian Confederation of Labor", "Sotsprof", "All-Russian Confederation of Labor". However, in practice, such trade unions have shown their weakness and have not been able to seriously compete with the traditional ones (those that have existed since Soviet times) that have state support.

In turn, traditional trade unions have changed. Most of them united in the Federation of Independent Trade Unions of Russia (FNPR), which today has about 25 million people - 95% of all trade union members in the country. But these impressive figures still do not speak of the popularity of the trade union movement among the working people. Polls recent years testify that only a third of the members of trade union organizations turned to them with any problems. In most cases, as in Soviet times, they were concerned about social and domestic issues that arise at the level of a particular company. And, in their opinion, social support was provided not so much by trade unions as by the management of enterprises.

Social partnership

The search for solutions to the problem of building civilized relations in the social and labor sphere has led to the emergence of a new direction - social partnership. His the main objective- to achieve a balance between workers, employers and the state. This specific type of relationship is governed by laws, regulations, collective agreements and agreements. Its main principles are the equality of the parties, respect and consideration of the interests of each of them, voluntariness, consistency, etc. However, social partnership is a mechanism for a developed, stable and democratic society, so our country has a long and difficult path to it.

The idea of social partnership was realized in the 1990s, during the period of economic reforms, after the issuance of Decree of the President of the Russian Federation of November 15, 1991 N 212 "On social partnership and resolution of labor disputes (conflicts)". In 1992, the Russian Tripartite Commission (RTK) began its work on the regulation of social labor relations. The FNPR, Sotsprof, and others were formed, and associations of employers began to appear - the Russian Union of Industrialists and Entrepreneurs, the Congress of Russian Business Circles.

However, in practice, the system of social partnership in Russia has not yet received significant development. For several years now, the number of "old" and "new" trade unions has not increased. Fixed-term workers have appeared who are not inclined to join workers' associations. Another weak link is the loss of communication between the leadership of the trade union and its members, the inability to offer them labor protection, social benefits and services. At the same time, employers (another indispensable participant in social partnership) are not ready to sign collective agreements or take on real obligations in the sphere of labor relations. It is not yet possible to force them to act within the law and strive for mutual interest, as in most developed countries. Yes, and on the part of the third participant - the state - there are many problems: gaps in legislative framework, the loss of the ability to coordinate the processes of social development, the stratification of society as a whole, the discord and disunity of the subjects of social partnership.

Meanwhile, in economically developed countries, such partnership has become a necessary element of market relations. With its help, conditions are created to ensure employment of the able-bodied population, the organization of production and working conditions are improved, and the standard of living is raised.

Benefits for the employer

If we do not consider social partnership on a national scale, but focus on the level of an individual enterprise, we will find many qualities of the trade union movement that are useful for company leaders.

First of all, the trade union is an intermediary between the employee and the management of the company. Thanks to him, you can avoid negative moods among workers, learn about the microclimate in the team, solve problems, avoiding social tension. With the trade union it is easier and more productive (than with the workers themselves) to resolve issues within the framework of social partnership, relying on legislation.

It is necessary to conclude a collective agreement with representatives of workers represented by the trade union. Thus, the employer will protect himself from unreasonable claims on the use of funds to provide guarantees and benefits from employees and inspection bodies. In the contract, you can immediately prescribe the refusal of workers to strike.

A competent employer, who is interested not only in saving money on the working conditions of employees, who cares about the reputation of the company, understands that the trade union is his assistant in creating safe conditions and labor protection. Cooperation with workers' associations on various issues enhances the authority of the manager, both in work collective, as well as beyond.

Trade union bodies are able to inform the company management in a timely manner about the shortcomings of the existing labor protection system, which will allow taking appropriate measures to prevent accidents and occupational diseases. In addition, labor protection issues can be resolved in the following way: a committee (commission) on labor protection is created at the enterprise, which includes representatives of employees and the employer (the initiative for creation can come from either side). The purpose of such a committee is to ensure the coordination of the actions of the employer and employees aimed at creating safe working conditions in the company.

Using the mechanism of social partnership, employers solve a wide range of issues social assistance and support for their employees, create decent working conditions, rest, medical care, insurance, the provision of various benefits, etc. All this increases not only the safety of workplaces, but also the level of corporate culture, and also improves the labor protection system at the enterprise as a whole.

Full text of Art. 377 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under article 377 of the Labor Code of the Russian Federation.

The employer is obliged to provide the elected bodies of the primary trade union organizations that unite his employees with a room for meetings, storage of documentation, and also provide the opportunity to post information in a place (places) accessible to all employees.

An employer with more than 100 employees shall provide the elected bodies of primary trade union organizations with at least one equipped, heated, electrified premises, as well as office equipment, communication facilities and the necessary regulatory legal documents for use free of charge. Other improving conditions for ensuring the activities of these trade union bodies may be provided for by the collective agreement.

The employer may provide, in accordance with the collective agreement, for free use to the elected body of the primary trade union organization buildings, structures, premises and other facilities owned by the employer or rented by him, as well as recreation centers, sports and health centers necessary for organizing recreation, conducting cultural and mass events, physical culture and health-improving work with employees and members of their families. At the same time, trade unions do not have the right to establish a fee for the use of these facilities for workers who are not members of these trade unions, higher than that established for workers who are members of this trade union.

In the cases stipulated by the collective agreement, the employer deducts funds from the primary trade union organization for cultural and mass and sports and recreational work.

If there are written applications from employees who are members of a trade union, the employer monthly transfers trade union membership dues from the employees' wages to the account of the trade union organization free of charge. The order of their transfer is determined by the collective agreement. The employer has no right to delay the transfer of these funds.
Employers who have concluded collective agreements or are subject to sectoral (intersectoral) agreements, at the written request of employees who are not members of the trade union, monthly transfer funds from the wages of these employees to the accounts of the trade union organization on the terms and in the manner established by collective agreements, sectoral (intersectoral) agreements.

The wages of the head of the elected body of the primary trade union organization may be paid at the expense of the employer in the amount established by the collective agreement.

Commentary on Article 377 of the Labor Code of the Russian Federation

1. A trade union is an association of employees aimed at ensuring the rights and legitimate interests of employees, including in cooperation with the employer. In this regard, the provisions of the commented article make it the responsibility of the employer to provide comprehensive support for the activities of such an organization.

In particular, the employer is obliged to provide the primary trade union organization with premises for holding its meetings. Such premises should be within the reach, including for attracting non-exempt workers. It must match general requirements by illumination, ventilation and area, which are set for office space. The floor space standards are determined in relation to the number of permanent employees of such an organization, based on the approved federal standards for the provision of office space.

Such a room should be functional, i.e. ensure the achievement of the goals and objectives for which the this organization in particular, to provide not only the possibility of holding meetings, but also the storage of documentation, as well as the implementation of other functions of the organization.

2. The basic requirements for such a room are established within the framework of the prescriptions of part 2 of the commented article. The premises provided by the employer are recognized as suitable for the activity of the primary trade union organization, if it has the appropriate communications, in particular, is:
- heated, i.e. allows you to comply temperature regime and carry out activities at any time of the year, including during the heating season;
- electrified, i.e. having electrical network, which ensures the maintenance of the general level of illumination of the room in the dark, for example, when carrying out activities in the evening, as well as the ability to work with electronic equipment;
- equipped, i.e. having all the necessary technical devices for carrying out the activities of the primary trade union organization. To carry out the activities of such an organization, it is necessary to provide telephone and facsimile communications, computers, copying equipment, etc. Fixing the obligation of the employer to provide the organization with equipped premises, the Labor Code of the Russian Federation simultaneously determines the list of necessary technical devices to be transferred to the trade union. In this regard, the concept of an equipped room can be considered only in relation to the presence of office furniture in it, which can be used directly. intended purpose.

Without fail, the primary trade union organization must be provided with a list of necessary regulations, the composition of which is determined directly by the trade union organization. The employer is obliged to transfer the necessary materials and equipment to carry out the activities of the primary trade union organization. Such funds may be transferred from the assets of the employer or acquired by him at the expense of own funds without subsequent reimbursement by the union.

Of fundamental importance is the definition of standards for the provision of premises. The law defines the minimum standards: one room is provided for 100 members of the organization. At the same time, beyond legal regulation it remains to determine the area of such a room: for 100 people, a room with an area of 50 sq.m or 150 sq.m can be presented. The normal implementation of the activities of such an organization implies compliance with the established standards, which are currently equated to 12 sq.m. per person when working with a computer. However, employers often necessary space do not possess. Currently, a significant number of employers rent premises, and therefore the allocation of a separate premises for a trade union organization is difficult and costly for them.

3. Part 3 of the commented article provides for the provision of facilities to the trade union organization, the use of which is intended to ensure the recreation and development of employees this employer and members of their families.

By general rule the premises provided by the primary trade union organization must be the property of the employer. However, there are now fewer and fewer employers who can meet the requirements. In this regard, the law provides for the possibility of transferring to them leased premises, rear, as well as individual objects, the use of which is directly related to the activities of the organization.

An approximate list of such objects is defined in part 3 of the commented article. The law refers to them: buildings; structures; premises and other objects; recreation centers, sports and health centers necessary for organizing recreation, conducting mass cultural, sports and recreational work with employees and members of their families. The transfer of these facilities is due to one purpose - to ensure the recreation and development of employees of this employer and their families.

At present, this provision has largely lost its significance, since most of these facilities have been transferred to state or municipal ownership, since their maintenance is highly costly, and the level of production development does not correspond to the level necessary costs by their content. At present, these provisions are fully implemented only by such large employers as, for example, OAO "Gazprom", etc.

These objects are provided for use for their intended purpose by all employees of this employer, regardless of whether they are members of a trade union or not.

The law expressly provides for a ban on the collection of fees for the use of these facilities by workers who are not members of the primary trade union organization.

4. Part 4 of the commented article provides for the obligation of the employer to make deductions of funds for the primary trade union organization for mass cultural and sports and recreational work. The procedure and amount of such deductions must be determined by collective agreements. At the same time, employers often do not take into account that unjustified savings of such funds significantly reduce the demand for events.

Such a deduction of funds must be justified, i.e. be carried out in relation to such activities that are in demand by employees, subject to the quality of the provision of relevant services.

5. The employer is obliged, in the presence of a written application of the employee, to systematically deduct trade union dues from the wages of employees. The systematic nature of such payments is determined in relation to the frequency of payment of wages. The procedure for transferring the said contributions is determined by the collective agreement.

Compliance with the provision on the mandatory presence of a written application, many employers neglect, withholding the amount of contributions even in the absence of such an application from the employee. It should be noted that these actions violate the rights of employees and may result in the application of a number of sanctions against the employer when the employee applies to the authorized body to protect their rights and legitimate interests.

Trade union dues are subject to a ban on violation of the terms of their transfer.

In accordance with part 5 of the commented article, the employer can make deductions not only for members of the trade union, but also for employees who are not members of such an organization. The procedure for making deductions from the wages of such employees is general, i.e. provides for the need for the will of the employee to withhold funds from his salary.

6. A special guarantee is provided for by the commented article in relation to the activities of the head of the primary trade union organization. Payment for his work in managing the activities of the organization can be carried out at the expense of the employer, i.e. in this case, the law provides for the right, but not the obligation of the employer to provide the specified guarantee to the employee.

In this case, the role of the trade union organization plays a decisive role in shaping the terms and conditions of the collective agreement. Referring the solution of this issue to the competence of the collective agreement, the law thereby indicates the possibility of its settlement by agreement of the parties: the trade union organization and the employer.

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Trade Union

(Appendix to the resolution of the Executive Committee of the FNPR dated October 18, 2006 No. 4-3)

General provisions

1.1. A model regulation on an authorized (trusted) person for labor protection of a trade union (hereinafter referred to as the Regulation) was developed in accordance with Article 370 Labor Code Russian Federation and determines the main areas of activity, the rights and obligations of the authorized (trusted) person for labor protection of the trade union (hereinafter referred to as the authorized) to exercise trade union control over compliance with labor protection requirements at enterprises, institutions and organizations (hereinafter referred to as the organization) in which members work trade union.
1.2. The Commissioner in his activities is guided by the requirements of labor protection, this Regulation, resolutions (decisions) of the primary trade union organization and its elected bodies, the collective agreement and (or) agreement, local regulations on labor protection.
1.3. The elective body of the primary trade union organization ensures the election of representatives in each of its structural unit and in the organization as a whole. The number of authorized representatives, the procedure for their election and the term of office are established by the collective agreement, local normative act depending on the specific conditions of production and the need to ensure trade union control over the observance of safe working conditions in the workplace.
1.4. If there are several trade unions in the organization, each of them is given the right to nominate candidates for the election of a representative.
1.5. An employee (official) cannot be elected as an authorized representative, in functional responsibilities which includes ensuring safe conditions and labor protection in the organization, its structural unit.
1.6. authorized persons are elected by open vote at the general trade union meeting (conference) of the employees of the organization for the term of office of the elected body of the primary trade union organization.
1.7. The nomination of authorized persons to the composition of the committee (commission) on labor protection as representatives of the employees of the organization may be carried out on the basis of the decision of the elected body (s) of the primary (s) trade union organization (s), if it (they) unites (s) ) more than half of the employees, or meetings (conferences) of employees of the organization.
1.8. The authorized persons carry out their activities in cooperation with the heads and other officials of the organization (structural unit), the labor protection service and other services of the organization, the committee (commission) on labor protection, the technical labor inspectorate of trade unions, the territorial bodies of federal executive bodies authorized to conduct supervision and control.
1.9. The activities of the commissioners are managed by the elected body of the primary trade union organization.
1.10. Commissioners for labor protection periodically report on their work at a general trade union meeting or at a meeting of the elected body of the primary trade union organization. The commissioners submit a report on their work (twice a year) to the elected body of the primary trade union organization (Appendix No. 1).
1.11. By decision of the trade union meeting or the elected body of the primary trade union organization, the authorized person may be recalled before the expiration of his powers if he does not fulfill the functions assigned to him to protect the rights and interests of workers for safe working conditions.
1.12. The elected body of the primary trade union organization and the employer (official), as well as the technical labor inspectorate of the trade union, provide the necessary assistance and support to authorized persons in the performance of their duties.
1.13. On the basis of this Regulation, all-Russian (interregional) trade unions may develop their own regulations, taking into account the specifics and characteristics of the types of economic activity.

2. Tasks of the Commissioner

The tasks of the Commissioner are:

2.1. Facilitate the creation in the organization (structural unit) of healthy and safe working conditions that meet the requirements of instructions, norms and rules for labor protection.
2.2. Implementation in the organization (structural subdivision) of control in the form of examination and (or) monitoring of the state of conditions and labor protection at workplaces.
2.3. Preparation of proposals to the employer (official) to improve the conditions and labor protection in the workplace based on the analysis.
2.4. Representing the interests of employees in the consideration of labor disputes on issues related to the obligations of the employer to ensure safe conditions and labor protection and the rights of the employee to work, in conditions that meet the requirements of labor protection.
2.5. Informing and advising employees of structural units on their rights and guarantees for safe and healthy work.

Functions of the authorized

To solve the tasks assigned to the authorized person, on him the following functions are assigned:
3.1. Conducting surveys or observations of the state of working conditions in the workplace and preparing proposals for officials to eliminate the identified violations.
3.2. Informing the employees of the structural unit about the need to follow the instructions on labor protection, the correct use of personal and collective protective equipment, their maintenance in good condition, the use and use of serviceable and safe equipment and means of production.
3.3. Implementation of control in the structural unit over the progress of the implementation of labor protection measures provided for by the collective agreement or agreement, and bringing to the attention of officials about existing shortcomings in the implementation of these measures within the time specified by the agreement.
3.4. Informing the employees of the structural unit about the measures taken to improve working conditions at workplaces, about classifying working conditions at workplaces in terms of harmfulness and danger to a certain class (optimal, permissible, harmful and dangerous) based on certification of workplaces for working conditions.
3.5. Assistance to officials in the obligatory passage by employees of the structural unit of periodic medical examinations (surveys) within the time limits established by the employer.
3.6. Control over the timely provision of employees of the structural unit with personal and collective protective equipment, milk or other equivalent products, therapeutic and preventive nutrition at work with harmful and (or) hazardous conditions labor.
3.7. Carrying out inspections and inspections of machines, mechanisms, vehicles and other production equipment located in a structural unit in order to determine their compliance with state regulatory requirements occupational safety and efficiency ventilation systems and systems that provide illumination of workplaces and safe use technological processes, tools, raw materials and supplies.
3.8. Informing the employer (official) about any situation that threatens the life and health of employees, about each accident that happened to an employee of a structural unit, about the deterioration of their health.
3.9. Participation in organizing first aid, and if necessary, providing first aid to the victim as a result of an accident that occurred in a structural unit.
3.10. Preparation of proposals to the employer, the elected body of the primary trade union organization to improve instructions on labor protection, draft local regulations on labor protection.
3.11. Participation in the investigation of accidents and accidents that occurred in the structural unit, as well as ensuring control over measures to prevent them.
3.12. In the organization, a senior commissioner for labor protection is elected from the members of the elected body of the primary trade union organization, who, as a rule, is the deputy head of the elected body of the primary trade union organization.
The senior commissioner for labor protection is entrusted with:
- organization of work and coordination of the activities of those authorized to monitor compliance in the structural divisions of the organization with the fulfillment of labor protection requirements, norms and rules for labor protection, local regulations;
- submission to the elected body of the primary trade union organization and the heads of structural divisions of proposals for improving and improving the work of labor protection commissioners;
- participation in the work of the committee (commission) on labor protection;
- control over the implementation by officials of proposals on issues of ensuring safe conditions and labor protection, made by authorized persons;
- making proposals for candidates authorized to participate in the work of commissions for the investigation of accidents at work;
- conducting an analysis of the state of conditions and labor protection in the organization, making proposals to the elected body of the primary trade union organization to reduce industrial injuries and occupational morbidity, improve working conditions and improve the health of workers.

Rights of the Commissioner

To perform its assigned functions authorized person has the right:
4.1. Exercise control in the organization (structural unit) over compliance with the requirements of instructions, rules and regulations on labor protection, local regulations.
4.2. Carry out inspections or examinations of the state of conditions and labor protection at workplaces, the implementation of measures provided for by collective agreements, agreements, as well as the results of an investigation of accidents.
4.3. Participate in the investigation of accidents at work and occupational diseases.
4.4. Receive information from the employer and other officials of organizations about the state of working conditions and labor protection, as well as about measures to protect against exposure to harmful and (or) hazardous production factors.
4.5. Participate in the work of commissions for testing and commissioning of production facilities and means of production.
4.6. Submit proposals, obligatory for consideration by officials of organizations, to eliminate violations of labor protection requirements (Appendix No. 2).
4.7. Protect the rights and legitimate interests of members of the trade union on the issues of compensation for harm caused to their health at work (work).
4.8. Send proposals to officials on the suspension of work in cases of a direct threat to the life and health of workers,
4.9. Take part in the consideration of labor disputes related to violation of labor protection requirements, obligations stipulated by collective agreements and agreements, changes in working conditions.
4.10. Submit proposals to the employer, official and the elected body of the primary trade union organization on draft local regulatory legal acts on labor protection.
4.11. Apply to the relevant authorities with proposals to bring to justice officials guilty of violating labor protection requirements, concealing the facts of accidents at work.

Ensuring the activities of the authorized

5.1. Ensuring the conditions for the activity of the authorized person (release from the main work for the period of fulfilling the duties assigned to him, undergoing training, providing the necessary reference literature, providing premises for storing and working with documents, etc.) is established by a collective agreement, a local regulatory act of the organization.
5.2. The authorized person is issued a certificate of the established form (Appendix No. 3).
5.3. The authorized persons are trained at the expense of the Social Insurance Fund of the Russian Federation (the insurer) in accordance with the procedure established by the federal executive body exercising the functions of legal regulation in the field of labor, in the direction of the employer in educational centers for labor protection, and also undergo training at the expense of the employer industry programs.
5.4. In accordance with the collective agreement, the local regulatory act of the organization, the authorized person can be established social guarantees provided for by Articles 25, 26 and 27 of the Federal Law "On trade unions, their rights and guarantees of activity."
5.5. For active and conscientious work to prevent accidents and occupational diseases in the organization, improve working conditions at workplaces, the authorized person can be financially and morally encouraged.
5.6. employer and officials bear responsibility for violation of the rights of the authorized person or obstruction of his lawful activities in the manner prescribed by law.

New edition Art. 377 of the Labor Code of the Russian Federation

In the cases stipulated by the collective agreement, the employer deducts funds from the primary trade union organization for cultural and mass and sports and recreational work.

Employers who have concluded collective agreements or are subject to sectoral (intersectoral) agreements, at the written request of employees who are not members of the trade union, monthly transfer funds from the wages of these employees to the accounts of the trade union organization on the terms and in the manner established by collective agreements, sectoral (intersectoral) agreements.

The wages of the head of the elected body of the primary trade union organization may be paid at the expense of the employer in the amount established by the collective agreement.

Commentary on Article 377 of the Labor Code of the Russian Federation

A trade union is understood as a voluntary public association of citizens connected by common production, professional interests by the nature of their activity, created in order to represent and protect their social and labor rights and interests (clause 1, article 2 of the Federal Law of 12.01.1996 N 10-FZ " On trade unions, their rights and guarantees of activities).

Primary trade union organization - a voluntary association of trade union members working, as a rule, at one enterprise, one institution, one organization, regardless of the form of ownership and subordination, acting on the basis of a provision adopted by it in accordance with the charter or on the basis of general position on the primary trade union organization of the relevant trade union.

A trade union member is a person (employee, temporarily unemployed, pensioner) who is a member of the primary trade union organization.

An employee is an individual who works for an organization on the basis of employment contract(contract), dealing with individual entrepreneurial activity, studying at educational institution primary, secondary or higher vocational education.

Since trade union organizations are one of the types of public associations, their property is formed, among other things, on the basis of entrance and membership fees, if their payment is provided for by the charter. Consequently, the trade union organization has the right to receive entrance and membership fees for the conduct of statutory activities.

Please note that, in accordance with Article 217 of the Tax Code of the Russian Federation, payments made by trade union committees (including material assistance) to trade union members at the expense of membership fees, with the exception of remuneration and other payments for the performance job duties, as well as payments made by youth and children's organizations to their members at the expense of membership fees to cover the costs associated with holding cultural, physical culture and sports events are not subject to personal income tax.

Consequently, when members of the trade union receive payments from the trade union committee in the form of material assistance, for the education of their son at the institute, for treatment, for the improvement of living conditions, as well as gifts for the holidays, they are not included in the tax base for personal income tax of such individuals if they were paid from membership dues. Moreover, if these payments are made to members of their families, then they are subject to personal income tax on a general basis.

The object of UST taxation for organizations is recognized as payments and other remuneration accrued by taxpayers in favor of individuals under labor and civil law contracts, the subject of which is the performance of work, the provision of services (with the exception of remuneration paid individual entrepreneurs), as well as under copyright agreements (clause 1, article 236 of the Tax Code of the Russian Federation).

Members of the trade union are not in labor or civil relations with your trade union committee. Consequently, when they receive payments from the trade union committee in the form of material assistance, for their son's education at the institute, for treatment, for improving housing conditions, as well as for receiving gifts for the holidays, UST is not charged.

Trade union organizations of any level are independent entities that carry out statutory and financial and economic activities in accordance with their charters or other constituent documents. Consequently, the amount of various payments and remuneration for their trade union members can be determined by the trade union committee and the trade union organization independently.

According to Article 7 of Law N 10-FZ, trade unions and their associations are given the right to independently develop and approve their charters, regulations on primary trade union organizations, their own structure, form trade union bodies, organize their activities, hold meetings, conferences, congresses and other events.

At the same time, we draw your attention to the fact that the charter of the trade union must necessarily provide for:

Aims and tasks of the trade union;

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

The territory within which the trade union operates;

organizational structure;

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

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

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

Location of the trade union body;

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

Other issues related to the activities of the trade union.

As for the employer, he is obliged to provide the elected bodies of the primary trade union organizations with a room free of charge for holding meetings, storing documentation, and also to provide the opportunity to post information in a place accessible to all employees.

And those employers whose number of employees exceeds 100 people must also provide at least one equipped, heated, electrified room free of charge. And also, in addition, office equipment, communication facilities and the necessary regulatory legal documents. This is the legal minimum. Other improving conditions for ensuring the activities of these trade union bodies may be provided for by the collective agreement.

The collective agreement can also provide for the obligation of the employer to make monetary contributions to the primary trade union organization for mass cultural and sports and recreational work.

At the written request of an employee who is a member of a trade union, the employer monthly transfers trade union membership dues from the wages of employees to the account of the trade union organization free of charge. Moreover, the Code clearly states that the delay in such transfers is unacceptable. But the work of the head of the elected body of the primary trade union organization can be paid, carried out at the expense of the employer in the amount, again, if this is stipulated in the collective agreement.

Another commentary on Art. 377 of the Labor Code of the Russian Federation

Any employer is obliged to provide primary trade union organizations, regardless of how many such organizations unite its employees, with a room for storing documentation, holding meetings and a place for placing trade union information. The employer is not obliged to transfer the place for holding meetings to the trade union organization for permanent use. The specific characteristics of the provided premises and places for posting information, the procedure for providing premises for holding meetings (meetings) are determined in the collective agreement.

The employer is also obliged to transfer in a non-cash form to the account of the relevant trade union organization trade union membership dues from the wages of employees. The condition for such a transfer is the submission by an employee who is a member of a trade union of a written application for a non-cash transfer of trade union membership dues to the account of the trade union organization. The employer is not entitled to demand payment from the trade union for the specified transfer. The specific procedure for transferring funds is determined by the collective agreement. The non-cash procedure for transferring trade union membership dues allows the trade union to minimize its organizational and financial costs. At the same time, it enables the employer to obtain information on the membership of specific individuals in the trade union and on the amount of funds received by the trade union as trade union membership dues.

3. The employer, the number of employees of which exceeds 100 people, is assigned additional obligations to ensure the activities of trade unions. He is obliged to provide the primary trade union organizations with premises suitable for permanent work, office equipment, means of communication and the necessary legal documents. At the same time, one room can be allocated for the needs of all trade union organizations. In this case, the procedure for using the relevant premises and technical means is determined by an agreement between the primary trade union organizations. The provision of premises and technical facilities for the needs of each trade union organization is determined separately by the collective agreement. The collective agreement also establishes specific characteristics (location, area, etc.) of the allocated premises and technical means.

4. In addition to the work of representing the rights and interests of their members before the employer, trade unions may carry out mass cultural and physical culture and health-improving work. To ensure this activity, the employer has the right to provide trade unions with facilities suitable for conducting the relevant work, as well as deduct funds. The mutual obligations of the parties to conduct such work are determined by the collective agreement.

The trade union in this case is entrusted with the duty not to discriminate against workers. The payment for the use of transferred objects for workers should be equal regardless of membership in the trade union.