Council of the labor collective: the procedure for election and competence. About the council of the labor collective — Local acts — Regional educational portal of the Pskov region

Labor Code does not contain the concept of "advice labor collective". The procedure for electing and the competence of this association of employees is also absent in the Code. This article will help you understand what this advice is and why it is needed.

General provisions

The possibility of creating a labor collective council (hereinafter referred to as STK) is provided for in Art. 21 of the Labor Code of the Russian Federation, which grants employees the right to associate in order to protect their interests. indicates that in social partnership other representatives elected by employees may act as representatives of employees, in addition to trade union organizations.

The STC is a self-governing body in the organization that plays the following roles:

• contributes to the unification of employers and employees in achieving common production goals;
• gives the opportunity to the labor collective to express their ideas and proposals on the production and organizational activities employer, supports and promotes them;
• increases the transparency of the management system in the organization;
• ensures the protection of the rights of workers, etc.

When creating the STK, the charter or regulation on the council is approved and representatives of the employees who will be included in the council are elected.

To regulate the procedure for the creation and further functioning of the council, the charter or regulation on the STC is approved. This document should regulate the following issues:

• goals and objectives of the council;
• functions (competence) of the council;
• the procedure for the formation of its composition, the number of members of the council, the structure of the body, the requirements for the representative of employees;
• rights, duties and responsibilities of members of the JTC;
• rights and obligations of the heads of the organization;
• the procedure for interaction between the board and management;
• other provisions.

The Council is an elected body, that is, the members of the Council are elected at general meetings of the collective by secret or open voting.

The structure of the council, as a rule, includes:

• chairman of the STK - organizes the activities of the council;
• his deputies - assist the chairman, carry out his tasks, are responsible for the work of the council in the relevant direction;
• secretary - keeps minutes of meetings, is responsible for office work, keeps records of the fulfillment by members of the council of the duties assigned to them;
• commissions on certain issues (temporary and permanent) - are appointed to work in various areas of the organization's production and economic activities;
• other members of the council - participate in meetings and make decisions on issues submitted for discussion, perform the tasks assigned to them by the leadership of the council, submit their proposals for consideration by the council.

The principle of equality must be respected during the election process for members of the STC and for the above positions. However, the council should not include:

• trainee students;
• trainees;
• temporary workers.

The document regulating the activities of the JTC prescribes the following rights and duties of the chairman:

• organization of work on current issues;
• drawing up a work plan for the JTC, which must be approved by the council;
• organization of the board meeting process, participation in the preparation of issues that need to be resolved at the meeting;
• issuance of operational tasks to members of the council and control over their execution;
• ensuring the transparency of the work of the STK and the implementation of the decisions of the council;
• the right to propose candidates for Vice-Chairmen and Secretary;
• report on the results of the activities of the STK before the meeting of the labor collective.

Conclusion

The STK is designed to help the management solve the problems that arise before the enterprise, while ensuring the protection of the rights and interests of employees. The creation of such a council provides many benefits to both employees and the enterprise.

Labor Council in organizations or institutions, it is a representative body of self-government of the collective of employees of the institution. It is a permanent elected body that functions on behalf of all employees of this organization. the main objective labor council collective - decision-making between the head and employees of the organization. Tasks - ensuring the interaction of the administrative apparatus of the institution with its labor collective, its individual members and others public organizations.

Is it obligatory to create a labor council in an institution? It is not necessary, but if it is created, then all accepted and approved documents of the organization, especially those relating to changes in reporting forms of documentation, wage regulations, internal regulations and some others - must, before approval and adoption, be agreed upon at a meeting of the labor collective.

Can the director of an institution stop the activities of the labor council? Yes, by issuing an appropriate order to terminate its functions. It must be said that all decisions of the labor council of the collective are of a precautionary and advisory nature, the last word is always with the head of the organization.

On the letterhead of the organization, a simple order for the main activity is written in something like this:

“In order to improve the efficiency of the institution’s activities, in order to:

1. Create a council of the labor collective in the institution.
2. I leave control over the execution of the order to the deputy director.

Director I. O. Surname.

Remember:

The Council is first created. Then the Regulations on it are developed, at a meeting of the council it is agreed with its chairman.

Here the order of registration is somewhat different from.

At the first meeting of the labor collective, the director of the institution or one of the activists of the organization makes a proposal (order) to create a council, if this is supported by voting, then they elect the chairman of the council (neither the head of the organization nor his deputy can be) and appoint or elect a secretary . The secretary, together with the chairman of the council, develop a regulation on the labor council of the collective, which is then submitted for collective discussion and approval.

Here we will consider exemplary sample provisions of the council of the labor collective of the institution (organization). The regulation prescribes the goals, tasks, functions, the procedure for the work of the labor council, the procedure for electing the chairman, the election of the secretary, this also includes the competence, rights and powers of the composition of the members of the labor collective council.

The head of the document in two-column style states from left to right:

AGREED: Chairman of the council of the labor collective ___________ First and last name

"____" __________ 2017

APPROVED: Director of the Institution (Organization) ___________ First and Last Name

"____" __________ 2017

Retreat….

Now in your organization, the vast majority of newly adopted documents and changes to existing ones will be in a cap with the approval of the council before “Approved”.

Regulations "On the council of the labor collective of the "Enterprise"

1. General provisions

1.1. This provision regulates the activities of the Council of the labor collective (hereinafter referred to as the Council), which is a representative body of self-government of the labor collective "FULL NAME OF THE ORGANIZATION OR ABBREVIATED NAME" (hereinafter referred to as the Institution).

1.2. The Council is an elected, permanent body that performs its functions on behalf of the entire workforce of the Institution.

1.3. Under the conditions of the functioning of the Council, the interaction of the general management of the Institution with the labor collective of the Institution, individual members of the collective of the Institution, as well as with other public organizations is ensured.

1.4. The Council is created for the purpose of making decisions between the Employer (Director) and the employees of the Institution.

2.1. The number and composition of representation in the Council are determined by the general meeting of the labor collective, but not more than two people from structural divisions.

2.2. The term of office of the Council is three years.

2.3. Members of the Council are elected by the general meeting of the labor collective by secret or open voting (“for”, “against”, abstained).

2.4. The Director of the Institution cannot be a member of the Council, but may attend meetings of the Council.

2.5. Members of the Council work on a voluntary basis.

2.6. Council has internal structure, the main elements of which are: the chairman, his deputy, secretary, working commissions.

2.7. The Chairman of the Council is elected at the general meeting of the labor collective from the candidates elected to the Council by secret or open vote.

2.8. In the absence of the Chairman of the Council, his functions are performed by the Deputy Chairman of the Council, elected by the members of the Council, by a majority of votes.

2.9. For implementation current activities members of the Council elect a secretary from among their members, who carries out office work, keeps minutes of meetings.

2.10. The Chairman conducts organizational, operational work on current issues, organizes the activities of the Council during its meeting. Organizes the work plan, submits it for approval by the Council. Ensures the transparency of the work of the Council and the implementation of its decisions. Proposes for the Council's approval the candidacies of his deputy and secretary. Reports to the general meeting of the labor collective the results of the activities of the Council at least once a year.

2.11. Members of the labor collective, including members of the general management of the Institution, have the right to attend meetings of the Council with an advisory vote.

2.12. The date, time, agenda of the meeting of the Council are brought to the attention of the members of the Council and the labor collective no later than 3 days before the meeting.

2.13. Council meetings are held at least once a quarter.

2.14. The Council works according to the developed and adopted work plan, which is consistent with the general meeting of the labor collective and the head of the Institution.

2.15. The Council is authorized to make decisions if at least half of its members are present at the meeting. Decisions are taken by a simple majority of votes.

3.1. Approves: local acts regulating the procedure and conditions for remuneration, incentive payments to employees of the Institution; position on the board of honor, on the certificate of honor and thank you letter, and other legal documents regulating the main activities of the Institution.

3.2. Takes part in the control and organization of safe working conditions, compliance with sanitary and hygienic rules and regulations, fire and anti-terrorist measures, labor protection standards.

3.3. Contributes to the general management of the Institution in improving the working conditions of members of the labor collective, in protecting legal rights and interests, protection of life and health of employees.

3.4. Rendering assistance and control to the general management of the Institution in matters of strengthening labor discipline employees and their compliance with their duties.

3.5. Participation in solving problems related to the activities of the Institution.

3.6. Assists the general management of the Institution in planning general meetings labor collective.

3.7. Participation in the investigation of accidents.

3.8. Carries out other activities within its competence.

In accordance with the competence established by this regulation, the Council has the right to:

4.1. On a motivated opinion on local regulations: internal rules work schedule; regulation on wages and material incentives for employees; vacation schedule; orders for rewarding employees; other documents containing labor law norms.

4.2. Make proposals to the general management of the Institution and receive information on the results of their consideration.

4.3. Involve any member of the team in their work, request information on the issues under consideration, issue separate tasks.

4.4. Decisions of the Council may be canceled by the general meeting of the labor collective.

4.5. Decisions made by the Council within its competence are binding on all employees of the Institution.

4.6. In case of non-fulfillment of his duties, loss of trust of the team, a member of the Council may be deprived of his powers. The decision to recall a member of the Council is made by the general meeting of the labor collective.

4.7. Council members are required to attend Council meetings.

1. office work

5.1. Council meetings are documented in minutes.

5.2. The protocols record: the date of the event; quantitative presence of Council members; invitees (name, position); agenda; course of discussion of issues; suggestions, recommendations, comments, solutions.

5.3. The minutes are signed by the chairman and the secretary of the Council.

5.4. The protocols are numbered from the beginning of the calendar year.

5.5. Responsibility for office work in the Council rests with the chairman and secretary.

Sample minutes of the meeting (meeting)

The minutes of the meeting are kept by the secretary of the council of the labor collective, specifying the date, venue, number of the meeting, who is the chairman and secretary, the composition of the members of the council present, other persons, as well as the agenda.

The entire course of the meeting is written in detail point by point. Who was listened to, who spoke, what was decided. At the end of the minutes, it is advisable to make all decisions of the council meeting separately. At the bottom, the document is signed by the chairman and secretary. You can see this in the example.

Work plan for next year

Written at the end of the year, agreed with the chairman of the labor council of the team, approved by the director of the institution. It is a listing of the main events planned in the institution, the dates and places of their holding, as well as the responsible executors.

But, nevertheless, there may not be a work plan for next year, because it is impossible to take into account all the main topics of the meetings. Everything is spelled out here.

Annual report (semi-annual)

A simple enumeration of the meetings of the council represents the activity of the council of the collective of the organization: date, place of holding, number of the meeting (quantitative). All decisions (resolutions) made at the meetings are written in detail.

POSITION
about the council of the labor collective

municipal budgetary educational institution

additional education children

"Center for additional education of children"

municipality

"Loknyansky district"

Pskov region

I. General provisions

1.1. The Council of the labor collective is an elected, permanent body of the democratic system of management, exercising its functions and rights in conditions of wide publicity on behalf of the entire labor collective of the institution.

1.2. In its activities, the council of the labor collective is guided by legislative and normative documents governing the activities of the institution.

1.3. Under the conditions of the functioning of the council, the interaction of the administration, the institution with the labor collective, individual specialists, employees, and workers is ensured.

1.4. The Council unites and centralizes the management functions of the various bodies of the institution and implements the ideas of self-government through the workforce.

In its activities, the council is accountable to the general meeting of the labor collective of the institution.

1.5. The labor collective council works according to the plan approved by it, which is brought to the attention of all members of the labor collective. Along with the issues provided for in the plan, other issues may be considered at the initiative of the administration, individual members of the labor collective.

1.6. The administration of the institution, interested persons, consultants may be invited to meetings of the council.

1.7. On the issues under consideration, the council makes decisions that are considered adopted if the majority of the members of the council present voted for them.

1.8. Decisions of the council of the labor collective are binding on the administration and members of the labor collective.

1.9. A protocol is kept on the issues discussed, which is signed by the chairman and secretary of the council. The content of the protocol is brought to the attention of the members of the labor collective.

II. Tasks

Development of self-government and creative initiative of the employees of the institution, mobilization of the collective forces to solve urgent problems, strengthening the responsibility of the collective for the final results of work.

III. Structure and formation of the council

3.1. The council of the labor collective is elected at the general meeting of the staff of the institution by secret or open voting.

3.2. The general meeting is convened as needed, but at least twice a year, is considered eligible if more than half of the total number of team members participate in it.

3.3. The general meeting of the labor collective decides on the quantitative composition of the council.

3.4. All members of the council of the labor collective are elected on equal terms. Temporary workers, part-time workers are not elected to the council.

3.5. Representatives of the administration of the institution should not exceed more than a quarter of the total number of members of the council of the labor collective.

3.6. The labor collective council has an internal structure, the main elements of which are: the chairman, his deputies, secretary, working commissions (permanent and temporary), members of the labor collective council, who are elected from among its members by a majority vote of the council members.

3.6.1 The Chairman conducts organizational, operational work on current issues, organizes the activities of the Council during its meeting.

Organizes the development of the work plan of the council, submits it for approval by the council.

Issues operational tasks, monitors the preparation of questions for the council meeting. Ensures the transparency of the work of the council and the implementation of its decisions. Proposes for the approval of the council the candidacies of his deputies and the secretary. Reports to the general meeting the results of the council's activities.

3.6.2 Working commissions are formed as part of the council of its members to organize work in certain areas of the institution's activities.

3.6.3 A member of the council of the labor collective takes part in resolving issues submitted for discussion by the council, performs the range of tasks assigned to him. Submits to the council for consideration proposals relating to the life of the labor collective, obeys the decisions of the council, in case of disagreement, informs the council about this.

IV. Functions

4.1. The Council of the labor collective is elected for a period of 3 years and performs the following functions:

4.2.1 monitors the implementation of decisions of the General Meeting of the labor collective, informs the labor collective about their implementation;

The composition of the Council of the labor collective of the institution:

Chairman: Sorokina Valentina Vladimirovna, teacher;

Members:

Zubkova Svetlana Anatolyevna, teacher;

Egorova Elena Konstantinovna, primary school teacher;

Maltseva Elena Alexandrovna, teacher of preschool groups;

Mikhailova Lyudmila Alekseevna, office cleaner

BEI "Kugesskaya boarding school for students with disabilities" Ministry of Education of Chuvashia

Considered and accepted work team meeting MINUTES dated December 25, 2015 No. 5; pedagogical council Minutes dated December 30, 2015 No. 5

Approved Order dated December 31, 2015 No. 300 - O

Regulations on the Council of the labor collective

1. General Provisions.

This Regulation regulates the activities of the Council of the labor collective of the institution, which is a representative body of self-government of the labor collective of the Kuge General Education Boarding School for Students with Disabilities of the Ministry of Education of Chuvashia.

1.1. The labor collective council is an elected, permanent body exercising its functions and rights on behalf of the entire labor collective of the institution.

1.2. In its activities, the Council of the labor collective is guided by legislative and regulatory documents regulating the activities of the institution.

1.3. Under the conditions of the functioning of the Council, interaction between the administration and the labor collective, public organizations, and individual members of the collective is ensured.

1.4. The Council unites and centralizes the management functions of various departments of the institution and implements the ideas of self-government through the workforce.

1.5. In its activities, the Council is accountable to the general meeting of the labor collective of the institution.

1.6. The council of the labor collective works according to the approved plan, which is brought to the attention of all members of the labor collective. Along with the issues provided for in the plan, other issues may be considered at the initiative of the administration, public organizations, structural divisions, individual members of the labor collective.

1.7. Representatives of the administration, structural subdivisions, interested persons, individual members of the team may be invited to meetings of the Council.

1.8. On the issues under consideration, the Council makes decisions that are considered adopted if the majority of the members of the Council present have voted for them.

1.9. Decisions of the Council of the labor collective are binding on the administration, public organizations and members of the labor collective, if they do not contradict the Laws of the Russian Federation, the Chuvash Republic and in order to implement which an order is issued for a general educational institution.

1.10. A protocol is kept on the issues discussed, which is signed by the chairman and secretary of the Council. The content of the protocol is brought to the attention of the members of the labor collective.

2. Structure and formation of the council

2.1. The council of the labor collective is elected at the general meeting of the collective by secret or open voting.

2.2. The meeting is considered eligible if more than half of the total number of members of the collective participates in it.

Meetings are convened as needed, but at least once a year.

2.3. The meeting of the labor collective decides on the quantitative composition of the Council.

2.4. All members of the Labor Collective Council are elected on equal terms. Part-time workers, temporary workers, interns are not elected to the Council.

2.5. Candidates for members of the Council are nominated at meetings of the structural divisions of the institution.

2.6. Representatives of the administration should not exceed more than a quarter of the total number of members of the Council of the labor collective.

2.7. The council of the labor collective has an internal structure, the main elements of which are: the chairman, his deputy, secretary, working commissions (permanent and temporary).

2.8. Chairman:

Conducts organizational, operational work on current issues, organizes the activities of the Council during its meeting;

Organizes the development of the work plan, submits it for approval by the Council;

Issues operational tasks, monitors the preparation of questions for the Council meeting;

Ensures the transparency of the work of the Council and the implementation of its decisions;

Proposes for the approval of the Council the candidacies of his deputy and secretary;

Reports to the meeting the results of the activities of the Council.

2.9. The secretary carries out office work, keeps minutes of meetings, keeps records of the fulfillment of duties by members of the Council of the labor collective.

2.10. Working commissions are formed as part of the Council from its members to organize work in certain areas of the institution's activities.

2.10. In case of non-fulfillment of his duties, loss of trust of the collective, a member of the Council of the labor collective may be prematurely deprived of his powers. In case of early expulsion of a member of the Council, the chairman calls an extraordinary general meeting of the staff of the unit and conducts by-elections of the composition of the Council. Any member of the Council may be prematurely recalled by the decision of the general meeting of the staff of the unit.

2.11. Council meetings are held as needed, at least once every six months.

2.12. The Council works according to the developed and adopted regulations and work plan, which are consistent with the general meeting of the labor collective and the head of the institution.

2.13. The Council reports on its work to the general meeting of the labor collective at least once a year.

2.14. The Council is authorized to make decisions if at least half of its members are present at the meeting. Decisions are taken by a simple majority of votes.

2.15. The term of office of the Labor Collective Council is three years. The term of office of the chairman, if re-elected, may not exceed six years.

3. Main tasks.

The main tasks of the Council are:

3.1. Assistance to the administration of the institution:

in improving the working conditions of members of the labor collective, protecting the life and health of employees;

in protecting the legitimate rights and interests of employees;

in organizing and conducting events with employees.

3.2. Organization of work in the labor collective to clarify rights and obligations.

3.3. Protection of the rights and interests of employees of the institution.

3.4. Control over the observance by the administration of legislation in the spheres of labor, wages, occupational health and safety.

3.5. Participation in the investigation of accidents.

3.6. Promoting the creation of a calm, working atmosphere, a normal psychological climate in the workforce of the boarding school.

3.7. Providing the administration of the institution with active assistance and control in matters of strengthening the labor discipline of employees and their compliance with their duties.

3.8. Active participation in solving problems related to the activities of the institution.

4. Functions of the Council of the labor collective.

4.1. Contributes to the provision optimal conditions work for members of the workforce.

4.2. Conducts explanatory and consulting work among the members of the team about their rights and obligations.

4.3. Assists the administration of the educational institution in planning general meetings of the labor collective.

4.4. Takes part in the control and organization of safe working conditions, compliance with sanitary and hygienic rules and regulations, fire and anti-terrorist measures.

4.5. Interacts with other self-governing bodies of the institution on issues within the competence of the Council.

4.6. Participates in the assessment of the level social development team, studying the needs and interests of team members.

4.7. Considers measures to preserve health, ensure safe conditions, improve the culture and aesthetics of work.

4.8. Participates in the preparation of estimates and monitors the correctness and timeliness of its implementation.

4.9. Oversees the maintenance and storage work books employees, the timeliness of making entries in them, including when awarding awards and qualification categories based on the certification results.

4.10. Together with the employer and employees, it develops measures to protect the personal data of employees.

4.11. Represents and defends the rights of employees in the commission on labor disputes and court.

4.12. Sends the founder a statement about the violation by the head of the institution, his deputies of laws and other regulatory acts on labor, the terms of the Collective Agreement with the requirement to apply measures disciplinary action up to and including dismissal.

5. Rights of the Council of the labor collective:

In accordance with the competence established by these Regulations, the Council of the labor collective has the right:

5.1.For a reasoned opinion on the following local regulations:

Internal labor regulations;

Regulations on material incentives for employees;

Working hours for certain types activities;

Performance and performance indicators for the distribution of payments from the incentive part of the wage fund;

Vacation schedule;

Order on the distribution of the teaching load for the academic year;

Orders on rewarding employees;

Termination orders employment contract with employees;

Other documents containing labor law norms.

5.2. Make proposals to the administration, self-governing bodies of the institution and receive information on the results of their consideration.

5.3. Apply for clarifications to higher institutions and organizations.

5.4. Listen and receive information from the administration of the institution on issues related to the life of the workforce.

5.5. Give clarifications and take measures on the considered appeals of members of the labor collective.

5.6. Make independent decisions within their powers and in accordance with the law, control the implementation of decisions made.

5.7. Prohibit illegal actions of any governing bodies and officials institutions.

5.8. In agreement with the employer considers the following issues:

a) termination of the employment contract with employees at the initiative of the employer;

b) attracting employees to overtime work work on weekends and holidays;

d) the order in which vacations are granted;

e) application of labor rationing systems;

f) establishing a list of positions with irregular working hours;

g) removal of a disciplinary sanction before the expiration of one year from the date of application;

i) setting deadlines for the payment of wages to employees.

5.9. Involve any member of the team in their work, request information on the issues under consideration, issue separate tasks.

5.10. Resolutions and decisions of the Council of the labor collective may be canceled by the meeting of the collective.

5.11. A member of the Council of the labor collective cannot be transferred to another job, dismissed or subjected to administrative penalties and material sanctions without the consent of the Council of the labor collective.

5.12. In case of non-fulfillment of his duties, development of decisions that led to damage to the enterprise, loss of trust of the team, a member of the Council may be prematurely deprived of his powers. The decision to recall a member of the Council is made by a meeting of the labor collective.

6. Rights of the Council of the labor collective in the implementation of the collective agreement

6.1. Acting as a representative of employees and being a party to the collective agreement, the Council of the labor collective assumes obligations under all sections of the collective agreement.

6.2. The director of the institution recognizes the Council of the labor collective as the only authorized representative of the labor collective.

6.2. The administration undertakes to include the chairman of the Council of the labor collective in the Governing Council, to ensure his participation in meetings with the director.

6.3. The labor collective council has the right to control compliance with the administration labor law and normative acts containing labor law norms.

6.4. In cases provided for by the Labor Code of the Russian Federation, the director of the institution makes decisions and issues local regulations containing labor law norms, taking into account the opinion of the Council of the labor collective.

7. Paperwork.

7.1. The Council keeps minutes of its meetings and general meetings of the staff in accordance with the Instructions on record keeping.

7.2. Responsibility for office work in the Council rests with the chairman of the Council and the secretary.

Work plan of the Council of the labor collective for 2015-2016

No. p / p		Deadlines
	Report of the Council of the labor collective on the work done for the 1st half of 2015.	January
		February March
	Preparation and holding of general meetings of the labor collective.	once every six months (additional unscheduled if necessary)
	Celebrating Labor Day.	May
	Preparations for the celebration of Victory Day
	Nominations for awards diplomas of the Department of Education of the Cheboksary region, the Ministry of Education of Chuvashia, the Ministry of Education and Science of the Russian Federation	September
	Consideration of local regulatory acts of the institution in accordance with Law No. 279-FZ "On Education in the Russian Federation", the Charter	September
	Preparations for the celebration of Teacher's Day, honoring veterans as part of the month of the Elderly.	October
	Preparing for New Year's Eve	December
	Planning the activities of the Workers' Council for 2016	December
	Distribution of duties between the members of the Council of the labor collective, approval of the composition of the Council of the labor collective.	December