Rules for joining a trade union organization. Instructions for creation. Dismissal of a union member. when the opinion of a trade union organization can be ignored

What is a trade union?

Trade union

• association of citizens with the aim of protecting their rights and interests, improving working conditions and payment, finding new ways to improve the quality of life and ensuring social guarantees;
• legal and independent representative of employees in relations with the employer.

Today, the trade union is the only reliable support for workers and only it can really protect against threats of layoffs, illegal dismissal, and non-payment. wages and many others.

The trade union unites three main categories of citizens:

• workers(a person who has reached the age of 14 years and carries out labor activity By employment contract; person studying at educational institution primary, secondary or higher professional education);
• temporarily unemployed(employees who temporarily stopped working for the period of preservation labor relations; employees who lost their jobs due to reduction in numbers or staff, liquidation of the institution for the period of employment, but not more than 6 months)
• pensioners(former employees, retired, previously members of a trade union).

How to join a trade union?

Very simple, if your enterprise has a primary trade union organization(hereinafter referred to as primary). You just need to write an application to trade union committee on admission to the trade union and the accounting department - on the collection of trade union dues and transfer them to the trade union committee. A person is considered accepted into the trade union from the day the meeting or trade union committee makes a decision on admission to membership of the trade union. Confirmation of membership in a trade union is a trade union card, which is issued by the trade union committee and is kept by you.

If your enterprise does not have a trade union organization, you can create one together with other, at least 3, employees.

Familiarize yourself with the Charter of the trade union you want to join and the regulations on the primary trade union organization. After this, it is necessary to negotiate with the territorial (city, district) organization of this trade union about the desire to create a primary trade union organization at your enterprise.

If there is no territorial organization, you need to contact the trade union directly.

If accepted territorial organization trade union (trade union) decision on the establishment of a primary trade union organization, a constituent meeting is held, at which a decision is made on the creation of a primary trade union, its governing and control and audit bodies are formed. Each participant in the meeting writes an application to the trade union committee for admission to the trade union and to the accounting department for the collection of trade union dues.
Sample application for admission to a trade union
Sample application for transfer of trade union dues
Sample minutes of the founding meeting of a primary trade union organization
Trade Union Law
FPRH Charter
Labor Code

How to create a trade union

In order to begin work on creating a trade union organization at an enterprise, we offer you a certain sequence of actions in a brief summary.

How to collect the necessary information?

Before you begin work on attracting new trade union members and creating a trade union organization, you need to obtain comprehensive information about the organization in which you decide to operate. Here are some data and issues you should look into:

• number of workers, ratio to the total number of youth, women, unskilled workers;
• labor organization, shifts, staff turnover, the ratio of manual and high-tech labor, the specifics of production;
• owner of the organization, organizational and legal form;
• managerial and production structure organizations;
• compact accommodation of the organization's employees;
• the presence of a history of the work of trade unions at the enterprise;
• relationship between employer and government;
• delimitation of access for workers by divisions of the enterprise, the presence of types of work that require workers to be outside the territory of the enterprise;
• economic situation of the organization;
• employer-employee relations;
• working conditions and remuneration;
• social and labor problems;
• informal leaders;
• workers are former trade union members, a potential initiative group.

To obtain the necessary information, you can use private conversations with employees (depending on the employer’s attitude, they can be conducted at the enterprise or outside it, in a formal or informal setting), conversations with freelance workers, including former employees of the relevant enterprises, employee surveys, studies public opinion. Problems of the enterprise and employees can be identified from their speeches at general meetings, by telephone conversations, home visits to workers. You can obtain indirect information through advertising brochures and the organization’s website on the Internet. After all, the employer promotes products on the market, recruits personnel, submits reports to extra-budgetary funds, etc. The information received must be systematized, the main thing that needs to be extracted from the information received is: are there any social and labor problems in the organization that the trade union can help solve; are there potential leaders among employees; whether there have already been attempts to create a trade union organization; the expected reaction of the employer to the creation of a trade union organization now.

Establish contact with employees - potential members of the initiative group

It is very important to establish direct contacts with employees of the organization. It can be done:

• through your friends and acquaintances of trade union members;
• outside the workplace, as if in casual meetings in a bar, cafe, or on a sports ground;
• You can provide assistance to employees in resolving legal issues;
• through former employees of the enterprise, for example, in exchange for legal protection before the former employer;
• organize individual consultations.

Only the employees themselves can provide information about the state of affairs and mood in the organization, about what problems they have. In the beginning, instead of organizing mass meetings with employees, it is better to communicate with each individual individually. You can ask the following questions:

• Are you satisfied with everything in your work? (Does it correspond to your qualifications, do you have the opportunity to improve your professional qualifications, etc.)
• Can you have any influence on how your work is carried out?
• Is your salary fair in relation to the volume and intensity of your work?
• Does your salary provide for your needs and the needs of your family?
• Are your working conditions good? Is your workplace well equipped?
• Do you have the opportunity to explain your point of view to your manager and not hear in response an offer to look for another job?
• where could you go to protect yourself and your labor rights?

Ask your interlocutor how his closest colleagues would answer these questions. Find out the extent of disagreement among employees in solving their problems.

It would be good to find out which of the workers enjoys trust in their department, workshop, division, which of the workers can talk to the largest number people during work, which of the workers have already taken responsibility in resolving issues of a social and labor nature, what was the reaction of other workers, are they good workers?

Make it clear to employees that only unionization in trade union organizations will help solve their problems, because:

• workers need professional protection of their rights;
• employees need independent representation of their own interests;
• workers need an organization that will help them.

Here, for example, are tips for the organizer, which were formulated by the Department of Trade Union Development of the Solidarity Trade Union (Poland):

• establish close contacts with employees and maintain old ones;
• tell employees that the union belongs to them, and adhere to this rule yourself;
• do not do for workers what they can do themselves, but do not shift to them work that requires specific trade union skills;
• a trade union is not only about providing services in return for paid trade union dues - it is a collective action of workers who want to change the quality of their lives;
• the goal of the trade union is to help workers who want to change their lives;
• workers must be united, not divided;
• do not be afraid to approve the actions of workers who want to create their own trade union organization;
• don’t be afraid to meet in person with employees, even if they don’t do something or be afraid to talk about some problems;
• Remember to look for potential leaders among employees;
• workers have enough bosses, the organizer should not become the next;
• conduct an analysis with the trade union activists of the mistakes they have made so that they do not repeat themselves;
• workers in groups can choose their leaders;
• don't say or promise too much;
• avoid underestimating employees;
• purposefully gather strength for the fight;
• employees have the right to take risks in pursuit of their goals;
• Convince workers that there is only one strength - their will to fight for their rights and interests.

When meeting with employees in person, try to structure the conversation as follows:

1. Introduction: introduce yourself and your organization, highlight the importance of the topic of conversation, keep your interlocutor from refusing to communicate with you.
2. Identify the employee’s problems that arise in his workplace, his personal and professional interests.
3. Trade union word: what a trade union can change in the life of an employee, positive examples from trade union practice, to draw a connection with the solution of problems expressed by the employee.
4. Vaccination from the employer: why the employer behaves disloyal to the trade union and what he can do. Show the employee that we do not hide his possible problems with the employer when joining a trade union, but we know how to overcome them.
5. Breakdown of the employee's consciousness: you can't live like that. The biggest enemy on the path of an employee joining a trade union is satisfaction with the existing standard of living and relations at the enterprise.

A log of contacts with employees should be kept, where it is important to categorize the employee in relation to joining the union, the problems identified by him, etc.

Organize a union promotion

In order to understand why a trade union is needed, workers must themselves form an idea of ​​it. So that they can become more familiar with the trade union organization:

• you can invite employees of the organization to sports competitions, a professional holiday, a competition professional excellence organized by a trade union;
• offer propaganda material (flyers, calendars, posters, booklets);
• create teams of activists distributing propaganda material or promotional products of the trade union at the entrances of enterprises and public transport stops closest to the enterprises; by agreement of the parties, place stands with handouts in places where there are large concentrations of workers;
• tell or show a film about some important trade union cause, show prepared presentations aimed at motivating workers and other interested parties to create trade union organizations.

Form an initiative group

First, find like-minded people. Those who believe that a trade union is needed in the organization. There must be at least three people. But it is much better if there are more such people, and they represent various structural divisions of the organization.

Usually the initiative group consists of volunteers who are in contact with the trade union. This group can be joined by people who have a desire to join a trade union after the first contacts with the organizer, when they are explained why a trade union is needed at the enterprise, and how the workers themselves can change the situation.

A meeting should be held with members of the initiative group, at which it is necessary to explain the functions and tasks of the initiative group, talk about possible anti-union actions of both the employer and some employees, and it is necessary to organize training for the initiative group.

It is important to understand in advance what to expect from the employer and prepare accordingly. The better prepared they are, the less unexpected the employer's reaction will be. Remember:

1. The employer has no right to interfere in trade union activities.
2. Record all violations of your rights in writing.
3. Don't let people be divided!
4. Do not believe the rumors spread by employer representatives!
5. Don't offend your colleagues!
6. Don't sign documents against yourself!
7. Look for support and solidarity outside your company, in other trade union organizations!
8. Inform the public about violations of workers' rights and the rights of the trade union organization!
9. Don't fight one-man wars.
10. Don't give in to provocations.
11. Do not stop trade union activities, steadily solve problems to protect the rights of workers.

Functions of the initiative group

The creation of an initiative group is a key point in the organizer’s activities to involve workers in the trade union and create new organization trade union because:

• there is an opportunity to rely on specific people in the organization;
• you can obtain reliable information about the mood of employees and coordinate their actions;
• members of the initiative group can come into contact with the employer and respond to his anti-union attacks, deny allegations that a trade union is an organization that complicates relations between employees and the employer;
• members of the initiative group become the central link in discussions about the activities of the trade union.

The tasks of the initiative group are to:

• support the organizer in his work;
• create a network of intensive communication between employees of the organization;
• neutralize anti-union sentiment among workers;
• create lists of employees of the organization with characteristics of their attitude towards the trade union (former member of the trade union, positive, negative, determined opponent, indifferent);
• members of the initiative group can be assigned to work with employees of specific departments, distribute printed materials, posters, leaflets, etc.

Assign to each member of the initiative group 5-10 specific potential trade union members with whom he should carry out propaganda work. After these workers join the trade union, they must remain in the area of ​​responsibility of this member of the initiative group in order to involve them in trade union actions. At asset meetings, ask team members about conversations they have had with employees.

Initiative group training

In order for members of the initiative group to become real helpers, it is very important that they receive answers to the questions that arise in their minds as quickly as possible. They must share the values ​​of the union and learn to comply with the statutory requirements. The initiative group must be taught to anticipate and, if necessary, be able to respond to the employer’s propaganda.

One should not hope that the organizing campaign will be easy and successful. At each stage of creating a trade union organization, both the organizer and members of the initiative group may encounter anti-union activities of the employer. Unfortunately, not all employers are ready to respect the rights of employees to join a trade union and protect their interests. Often the employer tries to prevent the creation and strengthening of a trade union organization at his enterprise. To successfully resist employer opposition, workers need, first of all, resilience and unity.

Thus, the initiative group plays a key role in suppressing the employer’s anti-union propaganda. Very often, employer propaganda is effective because neither the group nor the organizer has prepared workers for it. To this end, the organizer should hold a series of educational meetings.

Meeting 1.

Give a basic idea of ​​the trade union, its mission in society, and what characteristics a real trade union should meet. Show feature films on trade union themes and discuss them.

Follow with your group the entire chain of creation of a trade union organization. Introduce the structure of the Federation of Independent Trade Unions of Russia, the Federation of Trade Unions of the Republic of Khakassia. Determine which trade union uniting workers in your or a similar industry the future primary trade union organization would like to join. Consider the structure of the trade union and find a place for your future organization in it. Discuss positive examples of the activities of trade union organizations at enterprises in the industry.

The meeting should take place in a relaxed atmosphere. Meeting participants should get to know each other well. Let them actively discuss the problems of creating an organization and its active work.

Make a list of members of the initiative group with contact numbers and arrange the next meeting.

Instruct members of the initiative group to talk with employees of the organization, find out their interests, problems and concerns. Assign a role to each member of the initiative group structural subdivision organization, group of workers.

Meeting 2.

Discuss some points labor legislation(focus on the problems that the organization’s employees have already encountered or those that may arise).

Consider trade union rights, remembering to add that employers often violate these rights, but this can be fought.

Consider the topic of possible anti-union activity by the employer and how this can be prevented.

Let the members of the initiative group tell you with whom they have already managed to communicate and how the employees reacted to the conversation.

Give them new tasks. For example, distribute leaflets and trade union propaganda materials.

Consider the charter of the trade union: the rights and responsibilities of trade union members, the procedure for forming elected bodies. It is useful to talk about the guarantees that trade union activists have. Discuss on the topic: what an employer can and cannot do during an emergency labor disputes; how a trade union can participate in resolving individual and collective labor disputes.

Invite members of the initiative group to write applications to join the trade union (only if you, as the organizer, are sure that they are ready for this decision).

Address the issues of labor disputes. Consider specific situations that have arisen in the organization.

Talk about strikes, about the problems of legality and illegality of actions of the employer and employees.

It is useful to show a chronicle of the collective actions of the trade union, how the actions ended, who took part in them, give examples of trade union solidarity. Information on this issue can be found on the FPRH website.

Give the task to compile information about the mood of employees in the department assigned to them.

Meeting 3.

You can consider the topic of social partnership. Consider the content of a regional tripartite agreement, an industry tariff agreement, and the content of a standard collective agreement. You can play a business game “Negotiations with the employer.”

Analyze information about employee sentiment. Give the task to talk with employees about the collective agreement, which provisions they consider the most important.

Consider the proposals of the enterprise employees, which the members of the initiative group will talk about. Please note that the employer does not always agree with the employees’ proposals, that negotiations can be difficult and sometimes reach a dead end. Tell us what kind of help negotiators can receive from the trade union, what trade union trust funds are available, about the work of the legal service and technical labor inspection.

Now we can talk about trade union dues, how they are collected, distributed, and the feasibility of using them. Consider the provision on audit commission, its goals, objectives and functions.

Ask the members of the initiative group for the next lesson to prepare a detailed analysis of the sentiments of workers in their departments in the form, shading the corresponding cell of the table, in case of a positive answer:

Meeting 4.

Conduct an analysis of employee sentiment based on the information provided to you by members of the initiative group. You will be able to clearly see the mood map and draw a conclusion about the readiness of the organization’s employees to join a trade union.

If you think the situation allows it, start preparing an organizational meeting.

Work out the agenda and procedure for conducting the meeting. Discuss the possible composition of the elected bodies: the trade union committee and the audit commission, the chairman of the trade union organization.

When preparing for a meeting, you should consider how the employer views the union. If it is sharply negative, this cannot serve as an obstacle to the creation of a trade union organization at the enterprise, but it can cause some complications. In this case, it is desirable that:

• the time of the meeting (conference) did not coincide with working hours;
• the location of the meeting was chosen outside the territory of the enterprise;
• all preparations for the meeting and propaganda work were carried out in conditions of “secrecy”.

Provide union membership application forms for distribution to positive employees.

Remember: a trade union member has the right to limit the right of the trade union to disseminate information about his membership in the trade union, and above all to the employer. Often workers refuse to join a union if the employer immediately finds out about it. Please keep the following in mind:

1. In the questionnaire or other documents, the joining employee must express his will on the issue of limiting the dissemination of data about his membership (if he wants to be an illegal member of the trade union) and in what cases this restriction applies.
2. In this case, the employee must be warned that his right to take into account the opinion of the trade union upon his dismissal, approval by the trade union of dismissal in relation to the chairman and his deputies, occurs only if the employer has been previously notified of his trade union membership.
3. Undocumented membership status does not have to be permanent. The termination date should be specified. this provision cases: after 50 or more percent of the employees of an enterprise or division join the trade union, during a trade union action, etc.
4. A union member must give the union the right to disclose his membership information law enforcement agencies(court, prosecutor's office, labor inspectorate) on the condition that this data does not leave the boundaries of these structures.
5. In this situation, it is necessary to have ways of collecting union dues from illegal union members that are alternative to withholding through the enterprise’s accounting department.

Organizational meeting

After finishing preparatory stage the initiative group must determine the date, time and place of the organizational (founding) meeting and inform the workers who have written applications and wish to join the trade union.

There should be at least three people present at the meeting, but since you have already done the preparatory work, you can be sure that many more people will attend the meeting. If it is difficult to gather all potential participants in the meeting, hold the founding meeting of the trade union organization with a minimum composition, and when other workers join the organization, you can hold a conference of the organization, where their delegates will be present. It must be taken into account that for the organizational (constituent) meeting the concept of quorum does not apply. Since the primary organization of the trade union is being established, and workers, in accordance with the Charter, join the trade union, the initiative group collected applications to join the trade union in advance. Applications can also be completed during the meeting.

The organizational (constituent) meeting is chaired by the organizer and members of the initiative group. You can invite the employer (if he is positive) and representatives of the territorial organization of the trade union to the meeting.

Agenda for the first organizational meeting:

1. On the creation of a primary trade union organization _____________________________________________________
   (name of enterprise, organization)
2. On admission to trade union membership.
3. On the election of the chairman and his deputies (it is advisable to elect all members of the trade union committee as deputies, which will ensure their legislative protection).
4. About the elections of the trade union committee.
5. On the elections of the control and audit commission.
6. On registration of the primary trade union organization as legal entity(which is undesirable, due to the problems of further accounting in small trade union organizations).
7. On the procedure for paying trade union dues.
8. On the entry of the primary trade union organization into the all-Russian trade union and the application for registration with regional organization trade union.

In accordance with the Charter of the trade union and the legislation on public associations and non-profit organizations The highest body of a trade union organization is a meeting of trade union members or a conference. The frequency of meetings and conferences is determined by the Charter of the trade union and the Regulations on the primary trade union organization. During the period between meetings (conferences), the management of the activities of the trade union organization is carried out by the trade union committee - an elected trade union body. The voting procedure (secret or open) is determined by the meeting (conference), and votes are counted for each candidate. Those for whom more than half of the meeting (conference) participants voted are considered elected. A trade union organization is considered created from the moment the relevant decision is made.

It is fundamentally important to decide whether the newly created primary trade union organization will be registered as a legal entity.

If the trade union organization is numerous and wishes to use rights of a legal entity, this means that she will have her own bank account, have the right to carry out transactions, enter into contracts, acquire and dispose of property, and represent in courts. But in this case, there is an obligation to report quarterly to the tax authorities and to extra-budgetary state funds. To do this, it is necessary to maintain a qualified accountant, which only a large trade union organization can afford.

However, for the purposes of representing and protecting the social and labor interests of workers, conducting collective negotiations, concluding a collective agreement, and conducting collective actions, state registration as a legal entity is not required. In this case, financial services to the primary trade union organization are provided by the committee of the territorial organization of the trade union. The relevant body of the territorial organization of the all-Russian trade union, based on your decision, must take own solution on the acceptance of a new primary trade union organization for financial services. Moreover, all operations with the financial resources of the organization will be carried out only by decisions of the trade union committee of the primary trade union organization.

The law obliges the employer, in the presence of personal statements from trade union members, to collect trade union dues and transfer them to the trade union account by bank transfer. However, in order for the employer not to have a list of trade union members in the event of possible reprisals on his part against employees who are members of the trade union, it is possible alternative options transfers of trade union dues, for example:

• collection of trade union dues in cash, according to the statement;
• deduction of union dues from a union member's bank account;
• payment of dues through payment terminals to cyber accounts assigned to each member of the trade union;
• payment of fees via mobile phones.

Paperwork

The fact of the creation of a primary trade union organization must be documented. To do this, after the meeting, minutes of the trade union meeting and the meeting of the audit commission should be drawn up. Drawing up protocols and documentation is an important aspect of the work. Remember that the employer may deliberately look for your mistakes in paperwork in order to recognize the union as illegitimate. The minutes of the organizational (constituent) meeting are signed by the decision of its participants by the chairman and secretary of the meeting or all members of the presidium; a list of meeting participants with their data and personal signature is attached to the minutes. Documents on the creation of a trade union organization are submitted to the territorial organization of the trade union. If it is decided that the organization will enjoy the rights of a legal entity, then documents are also necessary for registration with the justice authorities, tax authorities and extra-budgetary funds.

The employer should be officially informed about the creation of a primary trade union organization. This is necessary in order to ensure the participation of the trade union organization in the regulation of social and labor relations at the enterprise in cases provided for current legislation.

The employer is sent a notification letter, a copy of the minutes of the organizational meeting and a copy of the decision of the territorial committee of the trade union on the creation of a primary trade union organization and its inclusion in the register of the trade union.

How to create a trade union organization

Preface

The right of citizens to organize into trade unions is guaranteed by the Constitution Russian Federation(Article 30) and the Law “On trade unions, their rights and guarantees of activity” (Article 2). Everyone who has reached the age of 14 and is engaged in labor (professional) activities has the right to create a trade union, join it and engage in trade union activities. In this case, no prior permission from any government authorities or authorities is required. local government, employers to create a trade union and to join a trade union.

A trade union is voluntary public association citizens connected by common industrial, professional interests by the nature of their activities, created for the purpose of representing and protecting their social labor rights and interests.

The primary trade union organization unites trade union members, usually working at one enterprise or institution, in one organization. This creates legal conditions that facilitate the performance by primary trade union organizations of representative and protective functions, which they implement primarily through the system of collective agreements.

Workers have the right to create primary trade union organizations in organizations, enterprises, and institutions, regardless of the form of ownership (private, state, municipal or other) and enterprise management structures. A primary trade union organization can also unite trade union members working at different enterprises and institutions, but connected by common production and professional interests.

If the situation at your enterprise or organization clearly reveals the need to protect the interests of the employee by a body independent of the employer, then this material should help you form a trade union organization step by step.

When starting this task, you must take into account several important socio-psychological prerequisites for creating a trade union organization.

1. The presence of an initiative group of workers (possibly small) who are ready to show their will in creating a trade union organization.
2. The presence of a leader who is ready to take responsibility for the future fate of the trade union organization.
3. Most often, new organizations are created in conditions of conflict situations between employees and the employer, because It is at these moments that the will of the collective is more clearly manifested, and the motivation to join the union is maximum.

The procedure for creating a primary trade union organization, like other public organizations, is regulated by the Federal Law “On Public Associations”. It is necessary: ​​to develop a draft regulation on the primary trade union organization; convene a constituent meeting (conference), at which to make a decision on the creation of a primary trade union organization, the Regulations on the primary trade union organization, to form governing and control and audit bodies; register the organization as a legal entity (if the organization decides to have the rights of a legal entity).

Stage I
Development of the draft Regulations on the primary trade union organization

The regulation of the organization is a mandatory document, without which its activities are legally impossible. Therefore, it is necessary to pay great attention to this stage. This document should be used as a tool to strengthen the internal principles of the organization.

The primary trade union organization has the right to independently develop and approve the Regulations on the primary trade union organization. The regulation may include the following sections: general provisions; trade union members, their rights and obligations; main tasks and goals of the primary trade union organization; trade union bodies; relations between the trade union committee and the management bodies of the enterprise; funds and property of the trade union organization, etc.

The appendix contains a draft Regulation on the primary organization, which, of course, is not a dogma. When developing the Regulations, you should preserve the structure of the sections, and also pay attention to the following key points that may become controversial:

a) belonging to one or another trade union (all-Russian or regional):
The initiative group can do this in several ways:

Create a primary organization together with the territorial body of the relevant trade union;
- create a trade union organization, and then decide on its entry into a particular trade union;
- exist autonomously.

But in any case, it is necessary to develop the Regulations on the basis of the Charter, some trade union (but not a trade union association) and refer to it in the text of the Regulations. Choose a trade union that is close to you based on industry, professional or other principles. The Law “On Trade Unions, Their Rights and Guarantees of Activities” does not regulate the concept of a “relevant” trade union. Now in Russia there are trade unions united not at all in industry or professional principles. There are examples when two or more all-Russian trade unions operate in one industry, divided on ideological and other grounds. It is also not prohibited for a primary trade union organization to join a trade union of another industry or profession with mutual consent of the parties. However, in this case, problems may arise, in particular, the inapplicability of the industry-wide tariff agreement (the tariff agreement regulates wages) to your enterprise, and such a step may have a negative impact on workers' compensation.

If a decision is made to exist autonomously, then in this case the organization acquires the status of an independent trade union, with its own Charter, which must be developed and adopted.

The existence of an autonomous trade union organization may lead to the fact that it will be left alone with the employer without solidarity support. Naturally, this is beneficial to the employer and he will make every effort to create just such a “tamed”, “home” trade union organization. A trade union as a social entity cannot be confined to the enterprise level; it is strong when enterprises of a city, region, industry and all of Russia can be involved as a whole in collective actions to defend the interests of working people;

b) the amount of trade union dues:
Typically, the charters of all-Russian trade unions determine the lower limit of trade union dues at the level of 1% of the employee’s salary. If this figure is strictly established by the charter, then you must indicate it in the regulation without changes. But most often, the charter will determine the lower limit of contributions.

Practice recent years showed that such a percentage is clearly insufficient for the efficiency of a trade union organization. From this money it is necessary to create strike funds and solidarity funds, conduct training for trade union activists, and support specialists capable of legally and economically helping the trade union and its members. Therefore, try to convince employees to set higher contributions;

c) expense items in the budget of the primary trade union organization:
It is necessary to instill in the minds of trade union members the most important principle: “The trade union is not social.” Buying gifts and providing financial assistance for trade union members is not the main task of the trade union organization. Therefore, limit the above-mentioned expense items either through clear regulation of cases of such expenditure, or by defining a percentage ceiling in the organization’s budget for these items, or by partially excluding them from the provision.

Please note that the project's expense items contain items that should gradually become key: the creation of strike, insurance and solidarity funds, training and rewarding activists for specific work performed (from making posters and participating in pickets to attracting new members ), technical equipment trade union organizations, attracting outside specialists (economists, auditors, lawyers, etc.), etc.;

b) fight against strikebreaking:
The literal translation of the word “strikebreaker” means “to break a strike.” That is, a strikebreaker is a person who does not participate in the strike and continues to work during the strike. In this regard, it is necessary to introduce appropriate clauses into the Regulations on the organization, obliging trade union members to participate in collective actions. And also indicate the sanctions in case of violation of this clause (as an option, expulsion from the trade union is proposed). This is not coercion, because... no one in the union is held by force;

c) secret voting when electing the head of a trade union organization:
make sure that initially in a trade union organization the influence of the employer on the process of electing a trade union leader is minimal. The employer may explicitly or implicitly try to promote its candidate to the post of chairman; representatives of the management are usually present at the meeting and can take advantage of an open vote. Therefore, it is advisable to provide for secret voting in the Regulations when electing the chairman of the trade union committee.

Stage II
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 their part (initiative group) convenes a meeting (conference), at which the following is adopted:

A) the decision to create a primary trade union organization;
b) Regulations on the primary organization;
c) governing and control and audit bodies are formed;
d) a decision is made to register the primary trade union organization.

For these purposes, the initiative group convening the meeting (conference) determines the date, place and time of the meeting, the agenda of the meeting, and informs employees who wish to join the trade union about this.

The meeting agenda should include the following items:

1. On the creation of a primary trade union organization and admission to its membership.
2. About the draft Regulations on the primary trade union organization.
3. Elections of the trade union committee, the head of the trade union organization and the audit commission.
4. On registration of the primary trade union organization.
5. On professional services in the regional association of trade union members.

All these items must be included on the agenda and, if desired, can be supplemented with other current issues.

It is necessary to clearly define the difference between the concepts of “meeting” and “conference”. The founders (future members of the trade union) are present at the meeting, and their delegates gather at the conference. Holding a conference is advisable if there are a large number of workers or it is impossible to gather a sufficient number of people at the same time (for example, due to shift work). Conference delegates must have protocols confirming their credentials, granted by part of the founding members, with their personal signatures. The quorum at the conference is determined by the number of delegates, and not by the number of workers who delegated them.

Common mistakes of the initiative group at this stage:

A) many people present at the meeting (conference) see draft documents for the first time and hear about candidates for the governing bodies, so they are often “taken as a basis”, and managers are assigned responsibilities for further refinement.

But an organization is considered to exist only if the above documents are available and the relevant bodies are formed. Therefore, it is necessary to at least first distribute copies of documents to delegates (highlighting the main points in them), and accept them at the meeting (conference) in the final version. Subsequent meetings can always return to review the documents and make appropriate changes. The same can be said about the composition of the governing and control bodies;

B) attempts are made to hold meetings (conferences) at a time that is work time for some or all of the participants in the meeting, without the consent of the employer.

In this case, the employer has the right to prevent such an event from taking place. But if consent is obtained or the meeting is held outside working hours, the employer has no right to interfere. The meeting (conference) will be legal even if it is not held on the territory of the enterprise;

C) the initiative group can try to gather as many workers as possible for the meeting.

As a result, the convening of the meeting is delayed, the meeting itself often becomes unmanageable due to the fact that many random people, and even provocateurs from the administration, are present at it. Anyone can attend the founding meeting (where there is still no concept of a trade union member). And this is another argument in favor of holding a conference rather than a meeting (you can attend, but only delegates vote).

There is nothing wrong, either legally or morally, in first establishing an organization on clearly defined principles (which will ensure its functioning), and then calling on employees to join the organization and accept these principles.

On at this stage employers often put forward the following arguments against the organization:

A) “Your trade union does not cover the majority of the company’s workers!”
In no way normative legal acts the percentage of professional membership coverage is not regulated;

B) “Your organization does not have a higher trade union body, which means you are not authorized!”
Representatives of territorial bodies of industry trade unions that your trade union organization would like to join can directly participate in the work of the initiative group. At the founding or subsequent meetings, your trade union organization can become part of the corresponding trade union (the solution to this issue is not limited by time). But this is a right, not an obligation of a trade union organization, which can exist autonomously. About negative consequences autonomous activity trade union organizations, see above;

C) “We have a private (secret, state, joint, etc.) enterprise, so the activity of a trade union is impossible!”

The Law “On Trade Unions, Their Rights and Guarantees of Operations” clearly stipulates the independence of the existence of a trade union from the organizational and legal forms and forms of ownership of enterprises and organizations.

Restrictions on the right to create and subsequently operate trade unions apply only to trade unions uniting military personnel, employees of internal affairs bodies of the Russian Federation, federal security service agencies, customs authorities of the Russian Federation, federal bodies tax police, judges and prosecutors (Article 4, paragraph 2)

III Stage
Holding a meeting (conference)

1. Be sure to register delegates (full full name, address, place of work, position) and guests. When holding a conference, it is necessary to collect protocols from each delegate confirming their eligibility.
2. Do not allow administration representatives to interfere with the work of the meeting.
3. Select a chairperson and secretary.
4. At registration, issue applications for admission to the trade union and transfer professional fees (see appendix); 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), based on the decisions made, make a list of founders (full full name, address, passport details, signature).

If you have provided for secret voting in the Regulations when electing the chairman of the trade union committee, then you need to prepare ballots in advance.

The primary trade union organization is considered created from the moment the relevant decisions are made at the meeting. It carries out its statutory activities, acquires rights (with the exception of the rights of a legal entity) and assumes the responsibilities provided for by the relevant laws and the Regulations on the primary trade union organization.

The founders of the primary trade union organization automatically become its members, acquiring the corresponding rights and obligations.

Membership in the primary trade union organization is formalized by individual applications and the corresponding decision of the trade union meeting. A trade union member is issued a union card.

At the meeting (conference), it is necessary to make a decision: whether the organization will have the rights of a legal entity or act without forming a legal entity. If a decision is made on registration, then the meeting determines the person who is entrusted to resolve all issues related to registration, as a rule, this is the chairman of the trade union committee.

Possible complaints from the administration at this stage may be that some of the participants (delegates) are not present at the meeting (conference), even those who expressed a desire to join the trade union, therefore, they say, it is not competent due to the lack of quorum. In principle, while Russian legislation does not regulate the norms of powers of the meeting and conference, this issue can be resolved by the meeting itself. According to established practice, a conference is considered valid if at least 2/3 of the delegates take part in it.

At the founding meeting there is no concept of quorum and membership in the trade union: the founders are all those who were able to come (if there are more than 3 people), the rest can join later through individual entry by personal application.

Stage IV
Registration as a legal entity

The primary trade union organization is not subject to mandatory state registration in state judicial authorities. Registration of trade unions as legal entities is carried out by notification and is not the obligation of trade unions, but their right. If the primary trade union organization does not want to have the rights of a legal entity, it may not register with the justice authorities. Its existence as a public organization is not questioned. What does the status of a legal entity give to a primary trade union organization? First of all, the opportunity to exercise the rights and obligations of the owner of his property and to use other property located in his operational management, hold cash in a bank account, enter into agreements. The status of a legal entity is needed by the primary trade union organization specifically in economic and property relations, but in no way in other respects for the implementation of representation and protection of social and labor rights and interests of workers.

The notification nature of registration of trade unions as a legal entity means that the primary trade union organization that wishes to have the status of a legal entity notifies the relevant judicial authority about this. Trade unions cannot be denied registration as a legal entity and are not subject to the control of registration authorities.

Within a month from the date of creation of the primary trade union organization, the following documents in certified copies are submitted to the justice authorities:

Application for registration;
-Regulations on the primary trade union organization (2 copies);
-decision (minutes) of the meeting on the creation of a primary trade union organization, approval of the Regulations;
-list of founders (indicating address and passport data and personal signatures).

In addition to constituent documents a document confirming legal address primary trade union organization. This may be a certified copy letter of guarantee organization to provide the primary trade union organization with premises as its legal entity.

Only trade unions, as public organizations, can be legal entities, but not their bodies formed on the basis of charters (regulations). The primary trade union organization has the rights of a legal entity, and the trade union committee and its chairman act on behalf of the legal entity on the basis of the Regulations on the primary trade union organization.

Registration of primary trade union organizations as a legal entity can be carried out either by themselves or by a representative of the body of the relevant trade union by proxy.

A power of attorney for registration as a legal entity is issued on behalf of the trade union organization, certified by the signature of the chairman of the trade union committee and the seal of the trade union organization or enterprise, institution, organization. The power of attorney must indicate that this primary trade union organization (its full name, location) entrusts registration to the representative of the trade union body of the trade union it belongs to (indicating his full name and location).

Regardless of whether your trade union organization will receive the status of a legal entity or not, you must, within a month after the establishment of the organization, take the Regulations to the body that carries out registration and submit it for signature (registration) on your copy. In the future, it is necessary to adhere to the same procedure for providing any documents to the authorities and administration of the enterprise.

List of applications(download)
1. Minutes of the founding meeting
2. Application for admission to trade union membership
3. Regulations on the primary trade union organization
4. Application to government bodies Justice
5. Organizational structure Federation of Independent Trade Unions of Russia

Vasily Derkach, Valery Khobotkov

The association of citizens in trade unions aims to protect their rights to decent working conditions, safe work, medical care and corresponding systematic payment. The result of the activities of trade unions is supervision over the observance of social, professional and medical guarantees of workers by the administration and the employer.

Trade unions: the essence of the concept

Relations with the employer are implemented in a certain format. First of all, this is the attitude of the boss and subordinates. There must be an intermediary between the team and the manager, who must express the will of the employees in any conflict or controversial situations.

In addition, an intermediary between the staff and the employer is needed to express protest sentiments in case of categorical disagreement with personnel policy management or with the distribution of the bonus fund.

The role of trade unions can also be seen in the following situations:

• when making proposals to optimize the organization of labor in production;
• when making proposals to revise the weekend schedule or;
• during investigation;
• when the rights of pensioners (former employees of this production) are infringed.

This will optimize mutual understanding between the parties and, if necessary, ensure constructive dialogue.

The legal representative of the collective is the trade union.

Functional purpose of a trade union at an enterprise or institution:

• protection against illegal dismissal;
• control over compliance with the employer’s social obligations to the team;
• regulation of the process (if the trade union is taken into account at the enterprise, then layoffs due to layoffs are always consistent with it);
• control over compliance with the deadlines for mandatory payments of wages, insurance, pensions, and compensation contributions.

The trade union unites both team members and retired former employees. However, in order for a pensioner to become a member of a trade union, it is necessary that he was previously a member of this organization.

How to become a member of a trade union organization

In order to join a trade union, the following conditions must be met:

However, for this it is necessary that a primary cell operates in the enterprise or institution. For those who are thinking about how to join a trade union, you need to know: the application is submitted not only to the organization’s committee, but also to the accounting department. This is necessary to legitimize the systematic deduction of membership fees. From the accounting department, the application is transferred to the primary cell.

Before joining a trade union organization, an employee must attend a meeting where a decision is made or not made regarding the applicant. If the decision is positive, then the new member of the organization is issued a union card. This document is not stored in a locker, but personally with the employee.

If there is no trade union organization at the enterprise

But how to join a workers’ union if there is no such organization at the enterprise? In this case, the issue is resolved quite simply. An organization can be created on the initiative of any member of the team. To do this, the only condition is met: there must be at least 3 people in the primary cell. This is necessary so that when resolving any controversial issues, it is possible to obtain a majority when voting.

The first step in creating a trade union organization at an enterprise or institution should be familiarization with the Charter. The second stage is the holding of a constituent meeting, the result of which should be a decision on the creation of a primary cell.

Then several organizational steps are performed:

The rules are as follows: a worker joins a primary cell. This also means that he automatically becomes a member of the Russian labor union. In this case, the first responsibility of any newly admitted member to the organization is to pay dues. If there is an application from employees to transfer contributions to the trade union, the employer transfers them free of charge to the organization’s account.

As soon as a cell is created at an enterprise or organization, the elected chairman of the trade union committee is obliged to inform the Regional Committee of Trade Unions about the creation of the primary organization. This automatically results in the registration of the primary cell with the all-Russian trade union register.

This means that the primary organization can take part in all-Russian trade union actions, rallies, demonstrations or cultural events. It can send its delegates to congresses and meetings of trade unions held in other regions.

The application for admission to the trade union is filled out in accordance with the established procedure according to the federal model.

For those who have already forgotten this word (or have not heard of it at all), let us remind you right away that a trade union is a voluntary public association of citizens bound by common production, professional interests in the type of their activity, created for the purpose of representing and protecting their social labor rights and interests (Article 2 Federal Law dated January 12, 1996 N 10-FZ “On trade unions, their rights and guarantees of activity”, hereinafter referred to as the Law on Trade Unions).

And at the present time, when violation of the labor rights of citizens has become commonplace, the question in the title should hardly be perceived as an anachronism. However, to solve it it is necessary to clarify a number of other issues. For example…

Can an employer prohibit the formation of a trade union?

The answer is unequivocal and without options: no.

Is it worth joining a trade union?

The Constitution (Article 30) declares that:

• everyone has the right to association, including the right to create trade unions to protect their interests;
• freedom of activity of public associations is guaranteed;
• no one can be forced to join or remain in any association.

No one's permission is required to form a trade union. Everyone who has reached the age of 14 and is engaged in labor (professional) activities has the right to choose:

• create trade unions to protect their interests;
• join them;
• engage in trade union activities;
• leave the trade unions.

Note. The law prescribes not only not to create obstacles to the implementation of trade union activities, but also to ensure normal conditions for the work of trade unions (Article 32 of the Labor Code of the Russian Federation).

By the way, a trade union can be created either by a legal entity or by an employer - individual(Article 3 of the Law on Trade Unions).

Can an employer not ban, but suspend the activities of a trade union?

Suspension of the activities of a trade union for a period of up to six months or a ban on activities is possible by decision of the Supreme Court of the Russian Federation or the relevant court of a constituent entity of the Russian Federation upon the application of the Prosecutor General of the Russian Federation, the prosecutor of the corresponding constituent entity of the Russian Federation. The basis for this is the contradiction of the activities of the trade union with the Constitution of the Russian Federation, the constitutions (charters) of the constituent entities of the Russian Federation, and federal laws.

Suspension or prohibition of trade union activities by decision of any other bodies is not permitted.

Also, the activities of a trade union or primary trade union organization may be suspended or prohibited in the manner and on the grounds provided for by the legislation on countering extremist activities. For example, in case of carrying out extremist activities that entailed:

• violation of human and civil rights and freedoms;
• causing harm to the person, health of citizens, environment, public order, public safety, property, legitimate economic interests of individuals and (or) legal entities, society and the state -

or creating a real threat of causing such harm (Article 10 of the Federal Law of July 25, 2002 N 114-FZ “On Combating Extremist Activities”).

If, during the period of suspension of activities established by the court, the trade union organization eliminates the violation that served as the basis for the suspension, the trade union resumes its activities by decision of the court that suspended this activity.

Note. The decision to suspend the activities or liquidate a trade union organization may be appealed in cases and in the manner established by federal laws. Cancellation of the decision to liquidate a trade union organization entails compensation by the state for all losses incurred by the trade union organization in connection with its illegal liquidation.

What is the minimum number of union members?

Three people are the minimum that should be included in the initiative group for creating a trade union (primary trade union organization). This is established by Art. 18 of the Federal Law of May 19, 1995 N 82-FZ “On Public Associations” (hereinafter referred to as the Law on Public Associations).

If there are three people who wish to create a trade union (or join an existing one), it is already possible to hold a constituent meeting.

The founding meeting, as a rule, is prepared by an initiative group, actively working among colleagues, talking about the advantages and opportunities of the trade union.

How is a trade union created?

The Law on Trade Unions does not directly establish this, saying only that the decision to create a trade union, primary trade union organization, approval of charters and regulations fall within the competence of general meetings, conferences or congresses (Part 3, Clause 1, Article 8).

The Law on Public Associations establishes that the approval of the charter, the formation of governing and control and audit bodies fall within the competence of the general meeting, conference or congress.

Congress (conference) or general meeting citizens for the purpose of establishing a trade union is convened by its founders, who can be both individuals and legal entities (Articles 6, 18 of the Law on Public Associations).

A public association is considered created from the moment the above decisions are made.

From this moment the public association has the right:

• carry out statutory activities;
• acquire rights and assume obligations (except for the rights and obligations of a legal entity).

The founders of the trade union (individuals and legal entities) have equal rights and obligations.

How is membership in a trade union obtained?

According to the Law on Public Associations, admission to membership in our case of a trade union is carried out on the basis of individual applications. Thus, employees expressing a desire to join a trade union must write an application to join the union and an application to pay membership dues.

The employer is obliged, in the presence of personal written statements from trade union members, to monthly transfer trade union membership dues from the wages of employees to the trade union account by non-cash means (Article 377 of the Labor Code of the Russian Federation).

An employee cannot be forced to leave the union, become a member of the union, or inform anyone about his joining the union.

What is the structure of trade unions?

There are three levels in the organizational structure of trade unions:

• all-Russian trade union. Its collegial governing body is the central committee of the trade union, elected at the congress;
• territorial organization of the trade union. It operates, as a rule, in one or several cities, regions, and constituent entities of the Russian Federation. Collegial body - a territorial committee (council) of a trade union, elected at a conference of the territorial organization;
• primary trade union organization created at a specific employer. Its collegial body is the trade union committee, elected at a meeting (conference) of the primary trade union organization.

Workers employed by one employer, being members of a trade union, create a primary trade union organization.

Persons on whose initiative a trade union is created decide which existing trade union, uniting workers in a similar industry, their primary trade union organization would like to join.

Note. If the founders have chosen any trade union already operating in the industry, then for their own good and strengthening their positions they need to negotiate with representatives of the territorial organization of the trade union about joining this organization and creating a primary trade union cell at their employer.

Why should a primary trade union organization enter anywhere?

The law does not oblige individual trade unions to consolidate: doing otherwise would mean a violation of constitutional rights to association.

However, which is quite natural, if an employer “starts” three trade unions, then, as a rule, they are not engaged in protecting the rights of their members, but in the struggle to increase their number.

Therefore, in 2006, the Labor Code of the Russian Federation introduced a rule stating that the interests of employees in an organization are represented by the trade union organization that unites more than half of the employees of a given employer (Article 31).

Who determines the structure of the trade union?

They themselves. The Law on Trade Unions establishes that trade unions independently and independently determine their structure, the procedure for the formation and actions of their bodies and enshrine these norms in their statutory documents.

The highest body of a trade union organization is a meeting of trade union members or a conference (in accordance with the charter of the trade union and the legislation on public associations and non-profit organizations).

The frequency of meetings and conferences is determined by the trade union charter and the regulations on the primary trade union organization.

During the period between meetings (conferences), the management of the activities of the trade union organization is carried out by the trade union committee - an elected body.

After the trade union meeting, its minutes are drawn up. Documents on the creation of a primary trade union organization are submitted to the territorial organization of the trade union. If the organization will enjoy the rights of a legal entity, then documents are also required for registration with the Federal Registration Service, tax authorities and extra-budgetary funds.

The organizational basis of any trade unions or their associations is the primary trade union organization, i.e. a voluntary association of trade union members who, as a rule, work at the same enterprise and act on the basis of an accepted or standard regulation.

Do I need to register a trade union?

Trade unions, their associations (associations), primary trade union organizations have the right not to register (Article 8 of the Law on Trade Unions). In this case, they do not enjoy the rights of a legal entity, which, however, does not entail restrictions on the rights vested in trade unions.

It will be necessary to make a decision on financial services in the territorial organization of the trade union. The body of the territorial organization of the all-Russian trade union, based on the decision of the constituent meeting (conference), must make a decision on financial services for the primary trade union organization. Moreover, all transactions with the financial resources of the primary organization will be carried out only in accordance with the decisions of the trade union committee.

Note. If the union wants to be able to:

• open a bank account;
• have the right to enter into transactions;
• acquire property and dispose of it;
• to represent in courts without additional power of attorney, -

then registration as a legal entity is necessary.

What is the procedure for registering a trade union?

By notification procedure (Article 8 of the Law on Trade Unions).

State registration of a trade union serves as the basis for its inclusion in the Unified State Register legal entities, open to the public (Article 21 of the Law on Public Associations).

State registration of trade unions is carried out by notification procedure. For state registration, trade unions, their associations (associations), primary trade union organizations, within a month from the date of their formation, submit to the Ministry of Justice of Russia or its territorial body in the constituent entity of the Russian Federation at the location of the corresponding trade union body:

• application in two copies, on one of which the signatures of the applicants must be notarized;
• originals or notarized copies of charters or regulations on primary trade union organizations in two copies;
• copies of decisions of congresses (conferences, meetings) on the creation of trade unions, their associations (associations), primary trade union organizations, on the approval of charters or regulations on primary trade union organizations in two copies;
• list of participants of the relevant trade unions, their associations (associations).

Copies of documents, except for copies of charters or regulations on primary trade union organizations, are signed by the head of the trade union body and certified by the seal of this body or organization where the trade union operates.

Trade unions do not pay state registration fees.

Upon receipt of these documents, the Ministry of Justice of Russia or its territorial body sends to the registration authority the information and documents necessary for entering into the Unified State Register of Legal Entities information on the creation, reorganization or liquidation of a trade union, association (association) of trade unions of the primary trade union organization. Upon receipt of information from the registration authority about making an entry in the register about a trade union, association (association), about a primary trade union organization, the Ministry of Justice or its territorial body issues the applicant a registration certificate confirming the fact of making an entry in the Unified State Register of Legal Entities.

The necessary actions for state registration of primary trade union organizations as a legal entity can also be carried out by a representative of the trade union body of the relevant trade union by proxy.

The Trade Union Law does not contain provisions regulating the grounds for refusal of state registration. The Ministry of Justice of Russia or its territorial body and the authorized registration body do not have the right to control the activities of trade unions, as well as refuse to register them without motivation (paragraph 8, paragraph 1, article 8 of the Law on Trade Unions).

Lawyer of a group of companies

LLC "Notra"

WHY AND WHO NEEDS A TRADE UNION?

Life itself gives the answer to these questions.
First of all, a trade union is needed by an employee. It is needed because it provides him with reliable protection from the arbitrariness of his bosses and owners.
Many, unfortunately, do not understand and do not know the role and importance of trade unions for each of us. And perhaps that is why in the minds of some there is an erroneous opinion about the trade union as an organization that is useless to them, and they are in no hurry to join its ranks.

But there are many who are well aware of the role of the primary organization for employees, but does not join it, hoping to solve their production and material problems through comrades who are members of the trade union. Simply, they are dependents. They quite often push trade unionists to solve those problems that bother them most personally, since they themselves cannot implement these problems alone.

Let's look in more detail at what a trade union gives to a worker.
First of all, association by profession is an initiative of the hired workers themselves, gained through centuries of struggle with their oppressors for a decent existence, against over-exploitation, poverty and lack of rights.

It is thanks to unification that it is possible to force employers to take into account the demands of employees and achieve better conditions labor, higher wages, compliance by bosses with labor legislation. The workers were convinced in practice that their strength lies in unity and cohesion. They can achieve this only through the creation of their own trade union. Therefore, trade unions in Russia are an objective need to unite in order to confidently and effectively defend their rights and interests at the level of the President, Government, State Duma and local authorities, and to encourage people to go on strike. At their initiative and request, laws “On trade unions, rights and guarantees of their activities”, “On the fundamentals of labor protection in the Russian Federation”, “On collective bargaining agreements” were adopted. And most importantly, the trade unions managed to defend their option Labor Code.

Today it is clearly visible who is actively speaking out in defense of hired workers. These are trade unions, because they know and can do this. Having become a member of a trade union, an employee immediately falls under the protection of the collective, and he has the legal right to appeal to his trade union committee, as well as to a higher trade union body for free help and consultation on any vital important issue. In his primary organization, he gains the opportunity to resolve issues of wages, social guarantees and compensation, labor protection and others. Outside the trade union, workers are separated from each other, are face to face with the administration and, as a rule, cannot even defend their legal rights.

According to the Labor Code of the Russian Federation (Article 82), it is impossible to dismiss a trade union member without taking into account the opinion of the trade union committee:
- when reducing the number or staff;
- due to insufficient qualifications;
- in case of repeated failure by the employee to comply without good reasons their labor responsibilities;
- in cases stipulated by the collective agreement.

Through their trade union, hired workers acquire the right to control the activities of the administration in compliance with labor legislation, its protection and conditions, payment and rationing, everyday life, and medical care. The administration is obliged by law to take prompt measures to eliminate the comments of the trade union and to inform it about this within 7 days (Article 370). System of remuneration and labor incentives, bonuses, establishment of labor standards, development and approval of labor protection instructions, drawing up a vacation schedule and other local regulations organizations are established by the employer taking into account the opinion of the trade union body.

The law prohibits any interference by the administration in the statutory activities of the trade union. The trade union has the legal right to demand that the State Labor Inspectorate and the prosecutor's office bring a manager of any rank at the enterprise to disciplinary, administrative and criminal liability for violating labor laws, labor protection, and the rights of trade union members, up to and including removal from office and prosecution.

The practice of the last 10 years has shown that at his enterprise, a hired worker has practically nowhere to turn for help if he is not a member of a trade union. But the most important thing is that he is afraid to do this, because he is not protected from possible counter-actions of the owner. Only in a trade union will an employee truly find his assistant and interested consultant, who can become a real “counterweight” to the administration and force it to respect legal rights and interests. If an employee is not in a trade union, then the administration receives uncontrolled, unlimited power over him and, as practice shows, can put him in an absolutely powerless position.

So, if someone advises any of you to leave the union or not to join it, know that this adviser is your enemy, because he wants you to lose the right and opportunity to be protected by your union. Think about it, or better yet, ask why he is doing this? What does this give to the “well-wisher”? Whose interests does he defend by opposing the professional association?

Coercion to join a trade union

Also ask if he will protect you instead of the union?

The more united employees are among themselves, the more confident they feel at work, the more and more often the administration is forced to take into account their demands when resolving issues of social and labor disputes.

And those who claim that you can’t really fight with a private owner are a thousand times wrong. But, probably, everyone has at least once become acquainted with information in the media about how trade unions behave and what they are capable of in developed capitalist countries, where private property has existed since time immemorial. However, employers are forced to take into account the demands of trade unions, since they are strong in their solidarity.

And if they insist on something, be it an increase in wages or a reduction working week, then they stand their ground until the bitter end.

We don’t have such cohesion, which employers take full advantage of, violating the labor rights of workers, instilling fear, getting rid of those who demand what is due to them by law or under the terms of the collective agreement.

THE TRADE UNION WILL PROTECT YOU!

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Moreover, in Russia, a country where, from a legal point of view, the interests of workers are much more protected than the interests of employers, such organizations can have a really high weight in resolving labor disputes, although their activities are not fully regulated. I even think that in the current legislative situation, the activation of trade unions would be dangerous for Russian industry, since they could create very serious troubles for employers. Whether to join a trade union or not is solely the choice of the employee himself. When making a decision, you need to remember that a trade union, like any organization, has its own rules and regulations, compliance with which is mandatory for its members, as well as positive and negative aspects.

• “subsidies mortgage agency of Ugra payments 2012”
• My own lawyer
• Why do we need a union?
• How to refuse to join a trade union?

Dismissal of a union member. when the opinion of a trade union organization can be ignored. Is it necessary to obtain consent to dismiss the head of a trade union organization? A trade union member or trade union organization can appeal the dismissal in court, even if the employer has followed the procedure for taking into account a reasoned opinion. The procedure for notifying the head (deputy) of a trade union committee about the termination of trade union relations differs little from the general one.

The only difference is that the employer must request a reasoned opinion from a higher elected trade union body, and not from the trade union committee itself).

Why you should join a trade union

Trade union organizations are often united along industry lines.

“subsidies mortgage agency of Ugra payments 2012”

You can also send a request to the trade union, which is supposedly a higher one. Previously, leaders and deputies of the trade union committee could not be dismissed even for a system of disciplinary sanctions, unless the higher trade union gives consent. The situation changed after the ruling of the Constitutional Court of the Russian Federation of November 3, 2009.

№ 1369-

O-P. He recognized the provisions of Part 1 of Art. 374 of the Labor Code of the Russian Federation contradicts the Constitution of the Russian Federation in the part in which it does not allow the dismissal of the head (deputy) of the primary trade union organization for repeated failure to fulfill labor duties without good reason, if he has disciplinary action. Now, to dismiss the head of a trade union organization on this basis, there is no need to obtain the consent of a higher-level trade union; it is enough to just notify him about it.

• Dismissal of a union member.

Joining a trade union: how to protect your rights

Therefore, your management’s demand for mandatory membership in a trade union is absolutely illegal! Regarding this Fact, we believe it is necessary to give your written refusal with its obligatory sending to the employer and the chairman of the trade union organization of the institution, through official channels (through the office - with a mandatory mark on the copy of receipt, or by mail by registered mail with notification and description of the attachment). In our written refusal, we consider it sufficient to refer to Part 2 of Art.
30 of the Constitution of the Russian Federation, as well as Article 3 of the Labor Code of the Russian Federation, which talks about non-discrimination of an employee for various circumstances (including in connection with belonging or not belonging to a public association) not related to his business qualities.

Dismissal of a union member. when the opinion of a trade union organization can be ignored

Tritium Forum: Should I Join a Trade Union? - tritium forum Subsequent actions of the employer depend on the opinion of the trade union committee. If a positive response is received, the employee can be dismissed no later than one month from the date of receipt of such a response. It happens that the trade union committee ignores the employer’s request and does not submit a reasoned opinion on time.

Attention

However, this is not an obstacle to dismissal. If the trade union committee expresses its disagreement with the proposed dismissal, it will have to hold additional consultations with the employer on this issue within three working days. If, as a result of consultations, the parties do not reach a common opinion, the employer may dismiss the employee.

Ten working days must pass from the moment the notification is sent to the trade union.

Employer and trade union: why is a trade union needed and what does it give?

Trade unions, on behalf of a trade union member as his representative, can, without the personal participation of the employee, on his instructions or request, represent his interests in resolving disagreements with the employer; - in considering an individual labor dispute of an employee - a trade union member with the employer or his representatives; - for the assistance of the trade union and its representatives; specialists on issues of remuneration, wages and timely payment; - to assist in improving the employee’s qualifications and obtaining an appropriate job with more high pay labor; - protection by the trade union in case of dismissal from work, other unfair actions: - the trade union provides free legal assistance in considering its issues in court: - prompt protection of interests on other issues, incl.
Why do we need a union? Many workers who are faced with the choice of whether to join a trade union often ask the question: “Why should I join a trade union? What benefits will it give me? Each trade union organization strives to increase its number, since this strengthens its authority, gives weight, and promotes efficiency in the implementation of goals and objectives. Therefore, at one of the last council meetings Independent trade union a discussion took place on the topic “Increasing the motivation of trade union membership.”

Based on the thoughts and proposals expressed by trade union activists, this material appeared, which we bring to the attention of our readers. How to refuse to join a trade union? Refusal to join a trade union organization Hello! Please help me figure it out: I am a civil service employee.

How to refuse to join a trade union?

At enterprises and organizations the question is often asked: “Why do we need a trade union and what does it give?” These questions are asked due to people’s lack of reliable information about the activities of the trade union and its tasks at the present stage.
It would be correct to ask three questions at once:

• “Why do we need a union?”
• “What is a trade union for?”
• “Who needs a trade union for?”

Before we start answering all these questions, let’s answer one more small question: “What is a trade union?” Definition: What is a trade union? A trade union (professional union) is public organization, uniting workers to solve pressing and important issues, but not only in one particular enterprise. This is an organization that brings together workers from all enterprises and industries to solve issues common to all.
Trade unions can also regulate collective labor disputes and monitor compliance with labor laws. In addition, trade unions assist employees in exercising their labor rights and verify the legality of the employer’s actions towards the employee.

Certain norms of the Labor Code, associated, as a rule, with the regulation of “non-standard” working conditions, can only be applied with the participation of a trade union (of course, if there is a primary body at the enterprise). The number and types of benefits in trade unions are determined differently; each trade union has an individual system.

Typically, benefits for trade union members are expressed in the possibility of purchasing discounted vouchers to a sanatorium for an employee and his family members or financial assistance to an employee in need of money who finds himself in a difficult life situation.

Do I need to join a trade union before resigning?

Today, an employee just needs to write an application for membership, find out the procedure for deducting contributions and, if there is an entry fee, pay it. Proof of membership is a union card. Trade unions that are of no benefit If a trade union conscientiously performs its functions, then there are practically no downsides to trade union membership for an employee (if you don’t count membership fees as a downside).

According to Anton Tolmachev, the institution of trade unions is currently experiencing a crisis. “As a rule, primary trade union organizations are almost never found in small and medium-sized businesses or in young companies. In addition, the practice of “fictitious” trade unions, created according to the “just to be” model, or, worse, created not to protect workers, but, on the contrary, to infringe on their rights, is widespread. There are also unions that are actually run by employers rather than employees.
In advance, very grateful! Veronica Answer: Dear Veronica! A trade union is a voluntary public association of citizens bound by common production and professional interests by the nature of their activities, created for the purpose of representing and protecting their social and labor rights and interests (Federal Law “On Trade Unions, Their Rights and Guarantees of Activities” dated January 12, 1996 N10 -FZ). To do this, they have the right to freely visit and inspect workplaces, conduct an independent examination of working conditions. If a threat to the life and health of employees is identified, the trade union has the right and must demand that the employer or its administration immediately stop work, as in the workplace , and in the enterprise as a whole for the time necessary to eliminate the threat, with the obligatory payment of all wages for this period.

Every worker, employee and student (clause 1.1. of the Charter) who has reached the age of 14, recognizes the Charter and pays membership fees can become a member of the Trade Union. Admission to membership of the Trade Union is carried out upon a personal written application of a state, municipal employee, employee or student at a meeting of the primary trade union organization.

Tritium Forum: Should I join a trade union? — Tritium Forum

If there is no primary trade union organization in the Institution, admission to membership of the Trade Union is carried out by the elected body of a higher organization with the determination of the primary trade union organization for temporary registration.

Those admitted as members of the Trade Union are given a trade union card, an registration card is filled out and the trade union experience is calculated from the date of admission.

Accepted as a member of the Trade Union by the fact of submitting an application to join the Trade Union delegates to the Trade Union the power of representation to protect their social and labor rights and interests.

Members of the Trade Union have equal rights and responsibilities.

A member of the Trade Union has the right:

• contact any trade union body to receive free consultation, legal assistance, public protection of social and labor rights and interests;
• participate in the activities of the Trade Union, development, discussion and adoption of decisions, monitoring their implementation and the work of trade union bodies;
• receive information about the work of the trade union organization and elected bodies;
• for the Trade Union to protect its professional, official and social-labor rights and interests;
• elect and be elected to trade union bodies;
• participate in trade union meetings, as well as meetings of trade union bodies when considering its issues;
• receive from the funds of the Trade Union financial assistance, incentive payments and other benefits provided by the Trade Union to its members, to use the funds of the Trade Union;
• freely leave the Trade Union upon personal written application to the elected trade union body at the place of registration.

A member of the Trade Union is obliged:

• comply with the Charter of the Trade Union, carry out decisions and instructions of trade union bodies and organizations;
• support the activities of the Trade Union and take part in the implementation of its goals;
• support collective actions organized by the Trade Union and its elected bodies in accordance with current legislation and take part in them;
• take care to strengthen the authority of the trade union organization and the Trade Union, and prevent actions that cause harm to the Trade Union;
• personally participate in trade union meetings (conferences);
• fulfill the duties stipulated by the collective agreement and industry agreement adopted with the participation of the Trade Union;
• pay trade union dues monthly in the prescribed manner and amount.

Application for joining the Trade Union

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Join a trade union

Trade union

Uniting citizens in order to protect their rights and interests, improve working conditions and pay, find new ways to improve the quality of life and provide social guarantees;

Legal and independent representative of employees in relations with the employer.

Today, the trade union is the only reliable support for workers and only it can really protect against threats of layoffs, illegal dismissal, non-payment of wages and many others.

The trade union unites three main categories of citizens:

- employees(a person who has reached the age of 14 years and is working under an employment contract; a person studying in an educational institution of primary, secondary or higher vocational education);

- temporarily unemployed(employees who have temporarily stopped working for the period of maintaining their employment relationship; employees who have lost their jobs due to a reduction in numbers or staff, or the liquidation of an institution for the period of employment, but not more than 6 months)

- pensioners(former employees, retired, previously members of a trade union).

How to join the Trade Union?

Very simple, if your enterprise has a primary trade union organization. You just need to write an application to the trade union committee for admission to the Trade Union and to the accounting department for the collection of trade union dues and submit them to the trade union committee. Admission to the Trade Union is carried out at a meeting of the primary trade union organization, or at a meeting of the trade union committee. Confirmation of membership in the Trade Union is a trade union card, which is issued by the trade union committee and is kept by you.

If your enterprise does not have a trade union organization, you can create one together with other, at least 3, employees.

Familiarize yourself with the Charter of the Trade Union you want to join and the regulations on the primary trade union organization. After this, it is necessary to negotiate with the territorial (city, district) organization of this Trade Union about the desire to create a primary trade union organization at your enterprise.

If there is no territorial organization, you need to contact directly the Central Committee of the Trade Union.

If the territorial organization of the Trade Union makes a decision to establish a primary trade union organization, a constituent meeting is held, at which a decision is made to create a primary organization, and its governing and control and audit bodies are formed. Each participant in the meeting writes an application to the trade union committee for admission to the trade union and to the accounting department for the collection of trade union dues.

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