The labour code of the Russian Federation defines that the Rules of the internal labour schedule - the local normative act regulating in accordance with the laws of the order of reception and dismissal of employees, basic rights, duties and responsibilities of the parties of labour contract, mode of operation, time of rest applied to workers of incentives and penalties, etc.
As a rule, local regulations approved in the enterprise an order or instruction of its head. According to article 190 of the labour code regulations internal labor regulations (hereinafter – the Rules TUE) approved by the employer taking into account opinion of a representative body of workers, if such a body exists in your organization.
The Labour code of the Russian Federation is not clearly defined procedure for making changes and additions to the Rules of VTR. Therefore here it is necessary to resort to such a reception address gaps in the legislation as the "analogy of law". That is, change the Rules of the VTR in the same order as accepted.And there are two possible scenario.
Option 1. VTR rules accepted in the organization as an independent local regulation. In this case they are approved, as well as expanded and modified in the manner prescribed by article 372 of the labor code. So, in the elected body of primary trade Union organization the employer sent the draft amendments and the rationale for it. Reasoned opinion on the draft in writing shall be presented to the employer no later than five working days from the date of receipt of the project.
In case of disagreement of the trade Union on the draft amendments to the Rules of VTR, the employer may accept suggested this on version changes or conducts further consultation with elected body of primary trade Union organization of employees in order to achieve a mutually acceptable solution.
All the differences in the Protocol, but even with them, the head of the organization has the right to make changes in the Rules of the VTR, which may be appealed to the elected body of the primary trade Union organization in the relevant state labour inspection in court or to initiate a collective labor dispute in the manner prescribed by this Code.
Option 2. If the Rules of VTR are annexed to the collective agreement are its integral part), then to updates and changes they need in order changes and additions to the collective agreement (article 44 of the labour code).
The lack of an enterprise elective representative body of workers is not an obstacle to the adoption of the Rules of VTR and, if necessary, their additions and changes.
If the VTR rule changes entail changes in the terms of the employment contract, the employees must be informed at least 2 months before the entry into force of the amendments (articles 72,74 of the labour code).
Advice 2: How to amend a collective agreement
A collective agreement is an internal legal document regulating social and labor relations of members of the same group (article 40 of the labour code). Document developed and agreed with the participation of management and workers ' representatives in the entity's primary or independent trade unions. Any changes or additions you can make the same composition through negotiation and a vote.
You will need
- General meeting administration and primary or independent trade Union;
- - the Protocol signed by the members voting.
According to article 41 of the labour code in the collective agreement , you can include a list of any of the matters governed in the enterprise. Instructions about a specific list of legislation does not. To change one or more items or to conclude a new collective agreement with the changes, additions, or with the same content, collect primary or an independent trade Union organization and administrative structure of the enterprise.
Announce the agenda to be entered in a written Protocol. The entire course of the meeting, put forward proposals for changes or additions to the arguments of certain of the issues raised, make in the Protocol.
Take a vote on each item changes or additions. Number of votes "for", "against", "abstained" let the record of the meeting.
Make changes or additions to the collective agreement if the number of voters for a proposal of more than 50%. The least number of votes, confirmed that the proposal did not pass the vote and internal collective agreement is not subject to change or be changed for several items voted by the majority in the Assembly.
Any collective agreement may be established for a period of one to three years. After this period the document is to be re-approval for all existing items with the additions, amendments and modifications with consideration on the agenda of new proposals to be made to the document.
Any changes to the contract or in approving the new document conduct the General meeting, voting and collecting signatures of the management and the trade Union leaders under the list of modified or approved the issues.
No change or statement in the document should not infringe on the rights of employees in relation to other citizens. All provisions of the collective agreement shall conform to the guidelines of the applicable Labor code and civil standards specified on the matter in the Civil code of the Russian Federation. If some items do not meet these requirements, then according to the law, it is invalid regardless of the overall approval and a vote.