How to organize an independent trade union at the enterprise. How to create a primary trade union organization at an enterprise? The trade union as an instrument for protecting the rights of employees

1. General Provisions

1.1. The primary trade union organization is a voluntary association of citizens - members of a trade union, connected by common industrial, professional interests by the nature of their activities, working, as a rule, at one enterprise, in one institution, in one organization (hereinafter referred to as "organization") - independently from the form of ownership and subordination.

1.2. Full name of the primary trade union organization:

Public organization - primary trade union organization

Abbreviated name of the primary trade union organization:

Primary trade union organization

[name of enterprise, institution, organization]

Address of the location of the governing bodies of the primary trade union organization:

[fill in as needed].

1.3. The primary trade union organization operates on the basis of the Charter of the trade union of workers [indicate the field of activity, name of the enterprise, organization, etc.], this provision, and the current legislation of the Russian Federation.

1.4. A primary trade union organization may be created as a result of its establishment, as well as as a result of reorganization (merger, accession, division, separation) of an existing primary trade union organization in the manner prescribed by the Charter of the trade union and the current legislation of the Russian Federation.

1.5. The primary trade union organization is considered accepted into the Trade Union from the moment the minutes of the constituent assembly (conference) are approved, by the decision (decree) [indicate the name of the supreme governing body of the trade union].

1.6. The primary trade union organization is guided in its activities by the Constitution Russian Federation, the Federal Law "On trade unions, their rights and guarantees of activity", laws and other legal acts of the Russian Federation, the Charter of the trade union, as well as these regulations on the primary trade union organization, acts and decisions of trade union bodies.

1.7. The primary trade union organization is independent in its activities from executive authorities, local governments, employers, their associations (unions, associations), political parties and others. public associations, which is not accountable or controlled by them, builds relationships with them on the basis of social partnership, dialogue and cooperation.

1.8. The primary trade union organization is a legal entity. Legal capacity of the primary trade union organization as legal entity arises from the moment of its state registration, carried out in accordance with the Federal Law "On State Registration of Legal Entities and individual entrepreneurs"taking into account the established special procedure for state registration of primary trade union organizations.

State registration of the primary trade union organization as a legal entity is carried out in a notification manner.

1.9. The primary trade union organization has a seal, stamps and letterheads, accounts in credit institutions, owns or manages separate property, can acquire and exercise property and non-property rights, bear obligations, be a plaintiff and defendant in court.

1.10. The primary trade union organization freely disseminates information about its activities, has the right, in accordance with the legislation of the Russian Federation, to organize and conduct meetings, rallies, processions, demonstrations, picketing, strikes and other collective actions, using them as a means of protecting social labor rights and professional interests of members of the Trade Union.

1.11. In accordance with the Charter of the Trade Union of the primary trade union organization, the rights of the territorial organization of the Trade Union may be granted in terms of organizational and statutory issues determined by the elected body of the corresponding higher territorial organization of the Trade Union.

2. Goals and objectives of the primary trade union organization

2.1. The main goal of the primary trade union organization is the implementation, in cooperation with the employer, of the statutory goals and objectives of the trade union for the representation and protection of individual and collective social and labor, professional rights and interests of trade union members and the social interests of their families.

2.2. To achieve these goals, the primary trade union organization, through its elected bodies, solves the following tasks:

Represents and defends the rights and interests of trade union members on the terms of employment and use work force, organization of production and life, social and material guarantees;

Carries out public control over compliance with labor legislation, legislative and other regulatory legal acts on labor protection and health, environment, social insurance and social security, employment, improvement of living conditions and other types of social protection of employees of the organization, as well as control over the implementation of the collective agreement, industry, regional and other agreements, other regulations affecting and regulating the interests and rights of employees of the organization;

Conducts collective negotiations, concludes a collective agreement, promotes the realization of rights and monitors the fulfillment of obligations by the parties to the collective agreement;

Carries out public control over the provision of healthy and safe working conditions, controls the use of funds for these purposes;

Participates in the settlement of collective and individual labor disputes, using various forms of collective protection of social and labor rights and professional interests of members of the Trade Union, provides members of the trade union with free legal assistance and provides, where necessary, their legal protection;

Organizes recreational and cultural events for members of the Trade Union and their families, interacts with local authorities, public associations for the development of sanatorium treatment, recreation facilities, tourism, mass physical education and sports;

Organizes meetings, rallies, marches, demonstrations and other mass actions in defense of the rights of trade union members;

Assists in the organization of insurance of trade union members against accidents, pensions (including non-state), sanatorium treatment and recreation;

Carries out economic entrepreneurial activity, the profit from which is directed to the achievement of the statutory goals of the trade union;

Provides methodological, consulting, legal and material assistance to trade union members, provides training, retraining, advanced training of trade union personnel and activists, legal training of trade union members;

Organizes admission to the trade union and registration of trade union members, carries out organizational measures to increase the motivation of trade union membership;

Carries out public control over the use of social insurance funds for their intended purpose;

Carries out information work, ensuring wide publicity of the activities of the primary trade union organization, its bodies and the trade union, campaigning to involve workers in trade union members;

Participates in election campaigns in accordance with the current legislation on elections;

Carries out other activities that do not contradict the provisions of the Charter of the trade union, as well as the current legislation of the Russian Federation.

The primary trade union organization is the representative of workers, while employees who are not members of the trade union have the right to authorize the body of the primary trade union organization to represent their interests in relations with employers. In accordance with the legislation, the employer has the right, only taking into account the opinion of the primary trade union organization after its prior notification and negotiations with it on the observance of the rights and interests of trade union members, to make decisions:

On the introduction of part-time work in organizations for up to six months (Article 73 of the Labor Code of the Russian Federation);

Draw up a shift schedule for work (Article 103 of the Labor Code of the Russian Federation);

On the division of the working day into parts (Article 105 of the Labor Code of the Russian Federation);

About attraction to work on weekends and non-working days holidays(Article 113 of the Labor Code of the Russian Federation);

Draw up a schedule of annual paid holidays (Article 123 of the Labor Code of the Russian Federation);

On the system of remuneration and incentives for labor, including an increase in remuneration for work at night, weekends and non-working holidays, overtime work and in other cases (Articles 135, 147 of the Labor Code of the Russian Federation);

On termination of the employment contract at the initiative of the administration with an employee - a member of the trade union;

On the liquidation of an organization, its divisions, a change in the form of ownership or its organizational and legal form, a complete or partial suspension of production (work), entailing a reduction in the number of jobs or deterioration in working conditions.

3. Rights of the primary trade union organization

The primary trade union organization has the right:

To exercise trade union control over compliance by employers, officials labor legislation, including on issues of an employment contract (contract), working hours and rest time, remuneration, guarantees and compensations, benefits and benefits, as well as other social and labor issues in organizations in which members of this trade union work, as well as the right to demand the elimination of identified violations. Employers, officials are obliged to inform the trade union about the results of its consideration and the measures taken within a week from the date of receipt of the requirement to eliminate the identified violations;

In order to exercise trade union control over compliance with labor legislation, create their own labor inspectorates, which are vested with the powers provided for by the provisions approved by the trade unions; freely visit organizations and workplaces where trade union members work;

To receive free and unhindered information from the employer on issues within the competence of the primary trade union organization;

Invite representatives of the employer to discuss the information received;

Participate in the investigation of accidents at work;

In cases of detection of violations that threaten the life and health of employees, require the employer to immediately eliminate the violations while simultaneously contacting the Federal Labor Inspectorate for urgent action, and also require the employer to suspend work until the final decision is made by the inspectorate; be a member of the certification committee;

Participate in the examination of the safety of working conditions at the designed, constructed and operated production facilities, as well as in the safety review of designed and operated mechanisms and tools;

In cases of violation of labor legislation, the primary trade union organization has the right, at the request of workers, as well as on its own initiative, to apply in defense of their labor rights to the bodies considering labor disputes;

Create legal services and consultations for the protection of social, labor and other civil rights and professional interests of its members;

Elect (delegate) their representatives to trade union bodies, recall and replace them;

Participate through their representatives in the work of collegial trade union bodies;

Participate in the formation social programs aimed at creating conditions that ensure a decent life and free development of a person, in the development of measures to social protection workers, determining the main criteria for living standards, the size of indexation wages, pensions, scholarships, allowances and compensations depending on changes in the price index, and also has the right to exercise trade union control over compliance with the law in this area;

Submit draft documents and proposals for consideration by trade union bodies, receive information on the results of their consideration;

Apply to the trade union bodies of the territorial organization of the trade union with a petition for the protection of their rights and interests in the representative, executive and judicial authorities;

Participate in the development of trade union proposals for draft laws and other regulatory legal acts affecting the social and labor rights of employees;

Set population staff units, released trade union workers and determine the terms of payment for their work;

Use the property of the trade union and the territorial organization of the trade union; dispose of their own financial resources remaining in the primary trade union organization after all payments;

Contact trade union bodies for advice, assistance and support, as well as attract paid experts and other specialists to carry out their functions;

Submit proposals to local self-government bodies when forming plans and programs for the development of the municipality;

Represent and protect the collective social and labor rights and interests of workers, regardless of their membership in a trade union, if it is empowered to represent;

Apply to the relevant state and executive authorities, local authorities or the court to resolve disputes related to the activities of the primary trade union organization and the protection of the rights and interests of trade union members;

Have their representatives in the commissions created in the organization for the privatization of state and municipal property, including social facilities;

Make proposals and participate in the activities of the territorial organization of the trade union on the development and conclusion of a regional industry agreement, other agreements;

Apply to trade union bodies with proposals to organize mass actions, including holding rallies, demonstrations, processions, picketing, declaring a strike, as well as support by the trade union of collective actions carried out by the primary trade union organization;

To take part in the development of various programs and the creation of funds for the territorial organization of the trade union;

Use the possibilities of the territorial organization of the trade union and the trade union for training trade union personnel and activists, obtaining and disseminating information necessary for their activities;

Make proposals on awarding members of the trade union, employees of trade union bodies with insignia of the trade union, the territorial organization of the trade union, as well as trade union associations that include the trade union and its organizations, and on supporting applications for awarding them with state awards, awarding them honorary titles.

4. Duties of the primary trade union organization

The primary trade union organization is obliged:

In their activities, be guided by the current legislation of the Russian Federation, the Charter of the trade union and these regulations;

Transfer membership dues to the territorial organization of the trade union in the amount, in the manner and under the conditions provided for by the Charter of the trade union;

Conduct annual reporting general meeting(conference) or report of the trade union committee to the members of the trade union (their representatives);

Conduct collective negotiations with the employer and conclude a collective agreement or agreements on terms agreed by the parties, in which the parties are employers and trade unions (their primary bodies) acting on behalf of employees;

To exercise control over compliance with the terms of the concluded collective agreement or agreement in the event that the trade union body detects violations of agreements (agreements), as well as on other social and labor issues, submit submissions to the employer for consideration;

Support the activities of the trade union and take an active part in the implementation of its goals and objectives, show solidarity in protecting the rights and interests of trade union members;

Implement decisions of trade union bodies adopted in accordance with the Charter of the trade union;

Inform the governing bodies of the trade union about the fundamental decisions and actions taken, changes in the regulation on the primary trade union organization and in the composition of the leading cadres;

Represent tax, accounting and statistical reporting in the manner and to the extent provided for by the current legislation of the Russian Federation;

Submit for consideration by their collegiate bodies issues proposed by higher trade union bodies;

Consider proposals of permanent and temporary (special) commissions formed by higher trade union bodies, and report to these bodies on the results of the consideration;

Show solidarity and take part in the organization and conduct of collective actions of the trade union;

Avoid actions that damage the trade union and the territorial organization of the trade union;

To ensure the accounting and safety of documents on personnel, and in the event of termination of activity as a legal entity, their timely transfer to state storage in the prescribed manner.

5. Structure and bodies of the primary trade union organization

5.1. The primary trade union organization independently decides the issues of its organizational structure.

The structure of the primary trade union organization is determined by the trade union committee. By his decision, shop trade union organizations and trade union groups are created in industries, shops, sections, departments, departments, etc.

5.2. Primary trade union organizations independently form and approve their own budget, the structure of trade union bodies, determine the staff of trade union workers.

5.3. The supreme body of the primary trade union organization is the General Meeting (conference), which is held as needed, but at least [value] once a year.

5.4. General meeting (conference) of the primary organization:

Determines the priorities and general direction of the work of the primary trade union organization;

Listens to the reports of the elected bodies of the trade union organization in all areas of their activities, on the implementation of decisions made, evaluates their activities;

Approves and submits requirements to the employer (head of the enterprise) to establish new or change existing socio-economic conditions of work and life at the enterprise, conclude and fulfill the terms of the collective agreement and agreements, decide on a strike at the enterprise in accordance with applicable law;

Elects the chairman and, at his suggestion, the deputy (deputy) chairman of the trade union organization (trade union committee) or the trade union organizer, dismisses them from office;

Determines the procedure for the formation of elected bodies, their functions;

Approves the quantitative and elects the personal composition of the trade union committee;

Elects control audit commission;

Elects or confirms the powers of the members of the elected body of the primary trade union organization;

Nominates and elects delegates to trade union and inter-union conferences, trade union congresses, as well as its representatives to trade union bodies, in accordance with the norm of representation;

Approves the estimate of the trade union budget and the procedure for its implementation, hears reports on the implementation of the estimate of the trade union budget;

Decides on reorganization, termination of activities and liquidation of the primary trade union organization;

Approves the regulations on the primary trade union organization and making changes and additions to it;

Considers other issues of activity of the primary trade union organization.

The general meeting (conference) is not entitled to make decisions on issues within the competence of higher trade union bodies.

5.5. The trade union committee sets the date for the General Meeting (conference), approves the agenda, determines the norm of representation and the procedure for electing delegates to the conference. The date set for the General Meeting (conference) may not be earlier than [value] calendar days from the date of the decision to hold the General Meeting (conference).

The chairman of the primary trade union organization, no later than [value] calendar days from the date of the decision, notifies the members of the trade union and the higher trade union body of the date, time and agenda of the General Meeting (conference).

Trade union organizations of structural divisions of the primary trade union organization must send lists of delegates and copies of protocols on the election of conference delegates to the trade union committee no later than [value] calendar days before the conference.

5.6. The right to participate in the General Meeting (conference) is exercised by a trade union member (delegate) only in person.

The chairman of the primary trade union organization, his deputy and the chairman of the audit commission have the status of a conference delegate.

Members of the trade union committee and the audit committee, not elected by the delegates, are participants in the conference with the right of an advisory vote.

5.7. The general meeting is eligible (has a quorum) if at the time of the end of registration for participation in the general meeting at least [value] members of the trade union registered with the primary trade union organization and at least [value] delegates have registered.

In the absence of a quorum, a new date for the General Meeting (conference) with the same agenda is announced.

5.8. The decision of the General Meeting (conference) is taken in the form of a resolution.

Decisions on the order of conduct of the General Meeting (conference) are taken by members of the trade union (delegates).

The decision to change the agenda is taken by the General Meeting (Conference) by a majority of at least [value] votes of trade union members (delegates) participating in the General Meeting (Conference).

The decision of the General Meeting (conference) is taken by a majority vote of the trade union members (delegates) participating in the general meeting (conference), unless a greater number of votes is established for the adoption of a decision by the Charter of the trade union.

5.9. The minutes of the General Meeting (conference) shall be drawn up no later than [value] calendar days after its holding. The minutes are signed by the chairman and secretary of the General Meeting (conference).

The protocol shall indicate: the place and date of the event; the total number of trade union members (delegates); the number of trade union members (delegates) participating in the General Meeting (conference); chairman (presidium) and secretary of the General Meeting (conference); agenda; the main provisions of the speeches and proposals received; issues put to the vote and the results of voting on them; decisions made on agenda items.

5.10. An extraordinary general meeting (conference) is held by decision of the trade union committee on the basis of its own initiative, at the request of at least [value] members of the trade union, at the request of the audit commission or at the proposal of a higher collegial trade union body.

5.11. In the period between general meetings (conferences), the leadership of the primary trade union organization is carried out by the trade union committee - an elected collegial body of the primary trade union organization, accountable to the general meeting (conference). The term of office of the trade union committee is [value] years.

In the primary trade union organization with the number of trade union members less than [value], the functions of the trade union committee are carried out by the general meeting. In this case, the issue of holding a general meeting and approving its agenda falls within the competence of the chairman of the primary trade union organization - the trade union organizer.

5.12. Chairman, deputy (deputy) chairman of the trade union organization (trade union committee):

Organize the work of the primary trade union organization (trade union committee), prepare and hold General Meetings (conferences), monitor the implementation of decisions of General Meetings (conferences);

Without a power of attorney, they act on behalf of the primary trade union organization, represent its interests and the interests of trade union members before employers, officials of the enterprise, as well as in all bodies and organizations on matters and issues related to the statutory activities of the trade union;

They are personally responsible for the completeness of payment of trade union dues and compliance with the procedure for their distribution and mandatory deductions, dispose of the property and funds of the primary organization, conclude transactions, issue powers of attorney, open settlement and other accounts in banking institutions;

Conclude employment agreements (contracts) with the employees of the trade union committee, issue orders binding on the specified employees, approve instructions and other documents necessary for the activities of the apparatus of the trade union committee;

Carry out other actions within the powers provided by the legislation, decisions of the General Meetings (conferences), the trade union committee, collective agreements and agreements.

5.13. Trade Union Committee:

Represents and protects the legitimate rights and interests of trade union members;

Negotiates, organizes the development, discussion and conclusion of a collective agreement and monitors its implementation;

Participates in the establishment of the system of remuneration, sizes tariff rates(salaries), forms of material incentives for employees of the enterprise;

Carries out trade union control over compliance by the employer with labor legislation, regulations and norms of labor protection, over the implementation of collective agreements and agreements, employment contracts, carries out work to improve the working conditions, health and life of employees, controls the use of funds allocated for these purposes;

Participates in the consideration of individual and collective labor disputes on issues related to violation of the current labor legislation, the terms of the collective agreement, the establishment of new or changes in existing working conditions;

Advise union members on social issues labor relations;

Represents the interests of employees in resolving collective and individual labor disputes, makes decisions on declaring and holding a strike, holds meetings, rallies and other collective actions in accordance with the legislation of the Russian Federation;

Organizes the current work of the primary trade union organization, involves workers in the trade union; organizes registration of trade union members, conducts training of trade union activists;

Organizes and monitors the implementation of decisions of the General Meetings (conferences) of the trade union organization, the implementation of comments and suggestions of trade union members, informs the trade union organization about their implementation;

Decides to convene the General Meeting (conference), determines the procedure and date for holding General Meetings (conferences);

Determines the structure of the primary trade union organization, decides on the creation of structural units, trade union groups and commissions;

Manages its own financial resources within the amount remaining after the deduction of the established amount of trade union dues to higher trade union bodies, considers an estimate of the expenditure of trade union funds and hears a report on its implementation;

Disposes of property and implements the rights and obligations of the legal entity of the primary trade union organization within the limits of the powers granted;

Exercises the rights of an elected trade union body, provided for by the Labor and Tax Codes of the Russian Federation, other regulatory legal acts;

Organizes mass cultural and health-improving events among members of the trade union;

Makes decisions on the provision of material assistance and bonuses to members of the trade union;

Petitions for the awarding of trade union members with state awards and trade union insignia;

Carries out other functions that are delegated to him by the meeting (conference).

5.14. The chairman of the primary trade union organization - the executive elected sole body of the primary trade union organization, accountable to the meeting (conference) and the trade union committee, is elected in accordance with the provisions of the Charter of the trade union.

The term of office of the chairman of the primary trade union organization is equal to the term of office of the trade union committee.

5.15. The chairman of the primary trade union organization has the right:

Without a power of attorney to represent the primary trade union organization in relations with government bodies, public organizations, legal entities of any form of ownership and organizational and legal forms, individuals;

Make statements, if necessary, send appeals and petitions on behalf of the trade union organization;

On behalf of the General Meeting (conference) to conclude a collective agreement with employers;

Dispose of the property of the trade union organization within the powers determined by the trade union committee;

Open and close settlement and current accounts in banks and act as administrators of these accounts;

Issue powers of attorney to represent the interests of the primary trade union organization, including transactions;

Sign on behalf of the primary trade union organization statements of claim sent to the court or arbitration court, represent the interests of the primary trade union organization in a court of general jurisdiction, arbitration court, world courts with all the rights granted by law to the plaintiff, defendant, third party;

Resolve issues of hiring and dismissal of employees of the apparatus of the trade union committee.

5.16. The chairman of the primary trade union organization is responsible for:

For the financial activities of the committee, targeted use of the funds of the primary trade union organization;

For the implementation of decisions of the highest bodies of the trade union.

5.17. Meetings of the trade union committee are held as necessary, decisions on their holding are made by the members of the trade union committee.

5.18. Decisions of trade union meetings, conferences, meetings of trade union bodies are taken by a simple majority of votes in the presence of a quorum. The form of voting is determined by the general meeting, conference.

Decisions of higher bodies on issues within their competence are binding on lower trade union bodies.

5.19. Trade union bodies, if necessary, form permanent or temporary commissions and working groups in the main areas of work, and also use other forms of participation of trade union members in their activities.

5.20. A meeting of a trade union body is competent to make decisions on agenda items (has a quorum) if more than [value] of the list of members of the body participates in it.

5.21. In the election of delegates, members and leaders of trade union bodies, the candidates who receive the largest number of votes are considered elected.

5.22. Early re-elections of any trade union body and its leaders may be held at the request of at least [value] members of the trade union united by the trade union organization.

5.23. The powers of a member of a trade union committee are terminated early in the following cases:

Termination of membership in a trade union;

Submission of a written application for the resignation of their powers;

Recall by the structural unit that delegated it;

Dismissal from the organization.

The decision to terminate the powers of a member of the trade union committee in these cases is formalized by a resolution of the Trade Union Committee, which determines the date of termination of powers.

5.24. By decision of the General Meeting (conference), the powers of any member (all members) of the trade union committee may be terminated ahead of schedule. Such a decision is made by a majority of at least [value] votes of trade union members (delegates) participating in the General Meeting (conference).

5.25. Additional elections of the chairman of the primary trade union organization and members of the trade union committee to replace those who left are held at the General Meeting (conference) of the primary trade union organization.

Prior to the General Meeting (conference), the redistribution of duties among the members of the trade union committee, including the decision on the temporary performance of the duties of the chairman, is carried out at a meeting of the trade union committee.

5.26. In the event that the number of members of the trade union committee elected at the General Meeting (conference) becomes less than [fill in the required] number determined by the decision of the General Meeting (conference), the remaining members of the trade union committee have the right to decide only to convene the General Meeting (conference) for election new composition of the trade union committee.

At the same time, the members of the trade union committee, no later than [value] calendar days from the date of the occurrence of the specified circumstance, are obliged to decide on the holding of the General Meeting (conference). Fixed date of the General Meeting

(conference) cannot be later than [value] calendar days from the date of the decision to hold the General Meeting (conference).

5.27. The control and auditing body of the primary trade union organization is the Audit Commission of the primary trade union organization.

5.28. The audit commission of the primary trade union organization is created to control the financial and economic activities of the primary trade union organization, the calculation and receipt of membership and other dues, the correct spending of funds, and the use of property of the primary trade union organization.

The audit commission of the primary trade union organization is elected at the General meeting (conference) of the primary trade union organization for the term of office of the trade union committee and is guided in its activities by these regulations, the Charter of the trade union and the Regulations on the audit commission of the trade union, approved by the General meeting (conference) of the primary trade union organization.

6. Funds and property of the primary trade union organization

6.1. The rights and obligations of the primary trade union organization as a legal entity are implemented by the meeting (conference), the trade union committee, the chairman of the primary trade union organization, acting within the limits established by law and these General Regulations.

6.2. The primary trade union organization owns, uses and disposes of the property belonging to it by right of ownership, including the funds necessary to fulfill its statutory goals and objectives, owns and uses other property transferred to it in the prescribed manner for economic management or operational management.

The legislation of the Russian Federation guarantees the recognition, inviolability and protection of the property rights of the primary trade union organization, the conditions for the exercise of these rights on an equal basis with other legal entities, regardless of the form of ownership in accordance with federal laws, laws of the constituent entities of the Russian Federation, legal acts of local governments.

Financial control over the funds of the primary trade union organization is not carried out by the executive authorities, with the exception of control over the funds from entrepreneurial activity. In accordance with the law, the restriction of independent financial activities trade unions are not allowed. The property of trade unions can be alienated only by a court decision.

6.3. The primary trade union organization is not liable for the obligations of organizations, state authorities and local self-government bodies, which, in turn, are not liable for the obligations of the primary trade union organization.

6.4. In order to create conditions for the work of the primary trade union organization and the exercise of the rights granted to it, the employer is obliged to provide the elected trade union bodies of the primary trade union organizations operating in the organization free of charge with at least one equipped, heated, electrified room for holding meetings, storing documentation, office equipment, communication equipment and necessary regulatory legal acts, as well as provide the opportunity to post information in a place accessible to all employees.

6.5. The sources of formation of funds and property of the primary trade union organization are:

Trade union membership dues, as well as contributions from employees who are not members of the trade union;

Money sent as target financing for activities in accordance with the Charter of the trade union;

Employers' funds transferred in accordance with collective agreements for mass cultural, sports and recreational and other work, as well as for the remuneration of the heads of elected trade union bodies of organizations;

Voluntary donations and charitable contributions of legal entities and individuals;

Income from the placement of free financial resources in credit institutions;

Income received from holding cultural, educational and sports events, shares, securities belonging to the Trade Union;

Income from economic, entrepreneurial activity;

Other cash and property received and acquired on the grounds provided for by the legislation of the Russian Federation.

6.6. Monthly membership fees are set at the rate of [value] percent of all types of earnings, student scholarships, students.

Non-working pensioners who are in a trade union, women on parental leave, students who do not receive a scholarship, workers and employees who are temporarily out of work due to redundancy, liquidation of an enterprise, etc.), pay membership dues to in the amount and procedure established by the trade union committee, or, by its decision, may be exempted from paying membership dues.

6.7. The procedure and percentage of deductions from membership fees for holding intersectoral events, as well as to the trade union committee, is determined in accordance with the Charter of the trade union.

6.8. Estimates of the activities of the primary trade union organization and reports on their implementation are approved at expanded meetings of the trade union committees of the primary organizations.

The rest of the funds on trade union dues and earmarked receipts are transferred to the next reporting year and spent in accordance with the approved estimates for the next calendar year.

6.9. The primary trade union organization may own land plots, buildings, structures, structures, sanatorium, tourist, sports, other health-improving institutions, cultural, educational, scientific and educational institutions, housing stock, organizations, including publishing houses, printing houses, as well as securities and other property necessary to ensure the statutory activities of the primary trade union organization.

When the primary trade union organization is liquidated, the right to own, use and dispose of its funds and property passes to the higher trade union body.

6.10. The primary trade union organization has the right to establish banks, solidarity funds, insurance, cultural and educational funds, education and training funds, as well as other funds that correspond to the statutory goals of the trade union.

6.11. The primary trade union organization has the right to carry out, on the basis of federal legislation, through the organizations established by it, entrepreneurial activity in order to achieve the goals provided for by the charter and corresponding to these goals.

6.12. The primary trade union organization has the right:

Use your funds for financial support of the activities provided for by this regulation, spend them in accordance with the approved budget (estimate) followed by an annual and in general for the period of office report on their use to the members of the trade union;

Keep money in banks of her choice, earn interest on deposits, run lotteries, hold shares, and make loans.

6.13. Retired or expelled members of the trade union are not entitled to common trade union property, the membership fees paid by them are not returned.

Trade union members are not liable for the obligations of the primary trade union organization, and the primary trade union organization is not liable for the obligations of its members.

6.14. The primary trade union organization is not responsible for the obligations of higher trade union organizations.

7. Reorganization, termination of activities, suspension, prohibition of activities and liquidation of the primary trade union organization. Final provisions

7.1. The reorganization or termination of the activities of the primary trade union organization is carried out by decision of its members in the manner determined by the Charter of the trade union, and the liquidation of the trade union or the primary trade union organization as a legal entity - in accordance with federal law.

7.2. The decision on reorganization (merger, accession, separation, separation) and liquidation of the primary trade union organization is taken by the General Meeting (conference) in agreement with the elected body of the higher territorial organization of the trade union. Reorganization or liquidation of the primary trade union organization can be carried out both at the initiative of the General Meeting (conference) of the primary trade union organization, and at the initiative of the presidium of the elected body of the higher territorial organization of the trade union. The decision is considered adopted if at least two-thirds of the delegates who took part in the voting voted for it, if there is a quorum.

If a decision is made to liquidate the primary trade union organization, a liquidation commission is created. The property of the primary trade union organization, remaining after all settlements and mandatory payments, is directed to the purposes provided for by the Charter of the trade union and determined by the decisions of the General Meeting (conference) and the presidium of the elected body of the higher territorial organization of the trade union.

7.3. State registration of a trade union or primary trade union organization in connection with their liquidation and state registration of a trade union or primary trade union organization established through reorganization are carried out in the manner prescribed by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", taking into account the specifics of such registration established by the legislation of the Russian Federation.

The information and documents necessary for the state registration of a trade union or a primary trade union organization in connection with their liquidation are submitted to the body that issued the document on state registration of this trade union or this primary trade union organization.

Documents required for state registration of the primary trade union organization, created through reorganizations are submitted to the federal body of state registration or its territorial bodies in the respective constituent entities of the Russian Federation. In this case, the procedure for submitting these documents is determined by the Government of the Russian Federation.

Upon receipt of the documents required for the state registration of a primary trade union organization in connection with its liquidation or in the event of its creation through reorganization, the federal state registration body or its territorial body sends to the authorized registering body the information and documents necessary for this body to carry out the functions of maintaining a unified state register of legal entities.

Based on the information provided by the federal body of state registration or its territorial body necessary information and documents, the authorized registration body, within a period of not more than five working days from the date of receipt of the specified information and documents, enters into a unified State Register of legal entities, and no later than the working day following the day of making the relevant entry, informs the body that submitted the specified information and documents about this.

The procedure for the interaction of the federal body of state registration and its territorial bodies with the authorized registering body on issues of state registration of a trade union or primary trade union organization in connection with their liquidation or in the event of their creation through reorganization is determined by the Government of the Russian Federation.

7.4. If the activity of a primary trade union organization is contrary to the Constitution of the Russian Federation, the constitutions (charters) of the constituent entities of the Russian Federation, federal laws, it may be suspended for up to six months or prohibited by a decision of the Supreme Court of the Russian Federation or the relevant court of the constituent entity of the Russian Federation at the request of the Prosecutor General Russian Federation, the prosecutor of the corresponding subject of the Russian Federation. Suspension or prohibition of the activities of the trade union by decision of any other bodies is not allowed. The activities of the primary trade union organization may be suspended or prohibited in the manner and on the grounds provided for by the Federal Law "On Counteracting Extremist Activity".

7.5. The primary trade union organization during the period of its activity ensures the accounting and safety of documents on personnel, as well as the transfer of documents for archival storage or to the elected body of the higher territorial organization of the trade union during the reorganization or liquidation of the organization.

If you want to know how to create a union, then in this article we will try to give an exhaustive answer. The creation of a trade union organization is a simple process, much more difficulties are usually encountered in the conduct of activities and the formation of a trade union.

What is a trade union

What is a trade union? A trade union is an organization whose purpose is to protect the interests of employees of an enterprise or people united by common labor problems. You can create a union for workers in any field: for taxi drivers, factory workers or entrepreneurs.

The activities of such organizations developed especially actively in the recent past, when many norms protecting a person were not yet legally enshrined. Now, with the improvement of the labor code, official registration is often enough to protect the rights of the state. But the role of the trade unions, although diminished, still remains quite large.

Who can open a trade union? Any employee of the organization on the basis of which the association is created has the right to do so. Trade unions do not require mandatory registration.

How to form a union

An initiative group of employees of the enterprise is enough to create a trade union. According to the law, such organizations are not required to register. You can send documents to the registration authorities, but this is a notification procedure, not a mandatory one. The activity of a trade union is legal even if no official permission has been obtained: no one should issue such permission.

If the company already has a trade union organization, then you can create a new one. The number of simultaneously functioning trade union associations is nowhere limited. No one will forbid the creation of a second or third association. The order of creation requires that a meeting of founders be held. The meeting will address the following issues:

• election of the chairman;
• selection of a secretary;
• the decision to establish a trade union organization;
• selection of the governing body;
• admission of members to new organization;
• approval of the provision on the primary organization.

During the meeting, it is necessary to keep minutes - this is the main document that records the moment the organization was created. This is especially important if the decision is to legal registration. A trade union needs at least three founders.

Regulations on the primary organization of the trade union

The regulation on the primary organization is the main document of the trade union organization. As for commercial companies, their activities are regulated by the charter, so for trade unions this role is played by the regulation. There may also be a charter, but it is not required if registration with the Ministry of Justice is not performed. The provision is necessary in order to regulate the work of the trade union in the future.

Topics that should be included in the position:

• general provisions;
• description of the governing bodies of the trade union;
• tasks and goals of creation;
• rights and obligations of members of the organization;
• trade union property, if any;
• contributions to the union budget. If this point is not defined in the regulation, it should be described in the bylaws. In order to collect dues, the trade union must be registered, as it will need a current account;
• on what to spend the funds of the organization. Typically, a union charges 1% of the wages of employees who are part of it;
• algorithm of voting and election of leaders. It is necessary to describe the voting as secret, so that the management of the enterprise cannot interfere with the activities of the trade union;
• type of trade union: autonomous, regional or all-Russian. The autonomous one exists on its own, while the other two types cooperate with senior organizations. Such assistance may not be superfluous if the company's management does not intend to meet the workers halfway.

How to register a trade union in the Ministry of Justice

If it was decided to create a legal entity, then you need to prepare documents for registering a trade union with the Ministry of Justice:

• application form P11001 in two copies. One of them must be certified by a notary;
• regulation on the primary organization, which addresses the fundamental issues of creating a trade union;
• minutes of the meeting with the decision to register the organization;
• passport details of the founders, copies of passports;
• a letter of guarantee confirming the legal address of the trade union. It is also certified by a notary.

Important: a decision to register a trade union must be made within a month from the date of its foundation. All documents must be taken to the Ministry of Justice, which cannot but accept them. But if mistakes are made in the papers, then the trade union may be denied registration of a legal entity. As an organization, it does not cease to exist.

How to create a partnership of entrepreneurs

The partnership of entrepreneurs is a form of impoverishment of people employed in one professional activity. Strictly speaking, it does not apply to trade unions, but it is useful to consider this topic here. The individual entrepreneur is individual, but a partnership created by several such people has the status of a legal entity. face, which opens up certain opportunities for everyone who is in it.

What is needed to form a partnership? The process is carried out according to the same algorithm as the registration of other NGOs. To establish a company, constituent documents must be drawn up:

• the articles of association of the partnership;
• creation agreement.

The contract and the charter prescribe ways of cooperation between entrepreneurs. The property liability of a partnership does not include such liability of an individual entrepreneur and vice versa. The contract fixes the size of the contributions of entrepreneurs to the common cause. Contributions can be:

• material (cash);
• intangible (useful materials, information);
• the skills of each IP can also be considered a contribution.

The partnership agreement must include information about each of its members. Insurance and other stipulated types of liability are also described. The contract can be urgent, that is, valid for a certain time, or indefinite, that is, valid until it is decided to terminate it.

Holding a strike

A trade union may be formed for the purpose of holding a strike. A strike is an extreme measure of “negotiations” with the management of an organization if it ignores the demands or requests of employees. The process is that the employees of the company do not come to work until their requirements are met, or until the management goes to negotiations.

The right to strike is regulated by the Labor Code. It can be performed if the rights of employees are violated:

• do not pay wages;
• not allowed to go on vacation;
• lengthen the working day;
• for other reasons.

The procedure for creating a trade union for a strike is no different from registering an ordinary union. It is much easier to organize a strike when there is a trade union than when there is none. The decision on it is taken at the general meeting. The following conditions must be met:

• formulate written requirements;
• staff a conciliation commission that will negotiate;
• record disagreements;
• notify the employer in writing. After receiving the notification, the employer is obliged to enter into negotiations; he has no right to refuse them.

To successfully conduct a strike, it is important to follow the legal subtleties. If the process can be found illegal, then the workers may have problems, and the organizers may even be held accountable.

It is important to remember that there are categories of workers who do not have the right to strike:

• military;
• emergency doctors;
• law enforcement officers and the FSB;
• representatives of other professions on which the safety of people depends.

How can you properly organize a union and strike without risks? To do this, you should seek legal advice. The price of the issue will be less than the possible problems in the absence of legal advice. A legal base means a successful strike.

All-Russian and regional trade unions

The All-Russian trade union is several trade union organizations from all over the country that are united for a common goal. Such an alliance has much more opportunities than a conventional one created for activities within one organization. There are several all-Russian associations of trade unions.

An interregional trade union solves the problems of trade unions in the same industry, whose enterprises are located in different regions. Typically, such an alliance unites employees not only in one industry, but also in several related ones.

All-Russian and interregional organizations often provide assistance to newly formed trade unions. They will tell you where to start and what important stages in the creation cannot be missed. In Russia, there is the Federation of Independent Trade Unions of Russia (FNPR), under whose auspices trade union organizations unite. It consists of several million people and more than a hundred organizations. There are other organizations that solve similar problems.

The largest of them is the SPR, which actively cooperates not only with Russian organizations, but also with international ones. You don't have to be a member of one of these organizations to form a union. But cooperation with them, as with older and more experienced ones, allows production associations to solve important and complex problems.

Having made the decision to create a primary trade union organization (PPO), you have taken the right step in choosing an organization that you have entrusted to protect and represent your interests.

Tell your colleagues about your decision, tell them how to create a union in the organization, convince them to do the same, find like-minded people. This will allow to organize their own PPO in the labor collective. Remember that the more workers in your enterprise support the decision, the stronger the organization will be!

The practice of resolving labor conflicts, defending the interests of the working people shows that only the trade union can conclude an effective collective agreement with the employer, which allows you to regulate the working hours and wages, achieve better conditions labor, social guarantees and much more. If someone did not do this, simply because they do not know how to create a trade union at the enterprise .

The Federal Law “On trade unions, their guarantees of activities and rights” states that PPO is an association of trade union members on a voluntary basis, usually working in one company, one organization, in one institution, regardless of forms of subordination and ownership, acting on the basis of the regulation adopted in accordance with the charter, or based on general position about the PPO of the respective trade union. The Federal Law "On Public Associations" states that when a public association is established in the form of public organization, the founders of the company by default become members of the public organization, receive appropriate duties and rights.

If you have like-minded people, are ready to take on the creation of a trade union committee at the enterprise, that is, to create a primary trade union organization, then the first step should be the choice of a trade union association, which will include the future PPO.

On the site in the section "" all trade union associations that are part of the Trade Union are listed. Some of them have their own Internet resources, where the statutory documents and the work carried out by this association are published.

Traditionally, trade union organizations are created on the basis of sectoral professionalism, but there is a practice of uniting workers from different sectors into one trade union.

How to create a union at work step by step instructions

Usually, organizing events is no different from each other. Below we have given an example of how to create a PPO:

1. If you are not a member of a trade union, but have decided to become one and you want the company to have a trade union organization, look for like-minded people, organize an initiative team (at least three people).
2. The initiative team needs to agree on the creation of a PPO with representatives of the trade union in which the future organization will be registered.
3. Preparing and holding the meeting.

Tell your colleagues about the concept of a "collective agreement", how exactly it can be used to regulate wages, achieve improvement working conditions receive social guarantees.

It is necessary to take into account the opinion of the employer on the idea of ​​creating a trade union organization. If he does not like it, this should not be an obstacle in the endeavor, but this may worsen the life of the organizer. Preparations for the assembly will need to be carried out without strong publicity, without informing employers of the time and place of the assembly. There is a possibility that the meeting will not be on the premises of the enterprise.

If the employer realizes the benefits of working with an organized team that is ready for partnerships for the prosperity of the company, then you need to agree with him on some formal issues: the number, time and place of the first organizational meeting.

The meeting decides to establish the PPO, selects the audit commission and the trade union committee.

1. Participants of the meeting write applications for joining the trade union and an application for the collection of the trade union dues from them.

The payment of the membership fee is the statutory duty of each trade union member. By law, the employer is obliged to transfer trade union dues to the PPO free of charge if there are personal applications from members of the trade union to collect the contribution from them and include this condition in the collective agreement.

If organizational issues arise, the City Committee specialists will help to solve them.

When conducting campaigning and propaganda work, you need to use different arguments for the need to create a PPO, while you need to consider who you are influencing: the workers or the employer.

Arguments to use when talking to an employer

A system of social partnership has been formed in Moscow, the law of Moscow “On social partnership". Trade unions act as one of the equal parties. The primary organization at work can be an equal partner to the employer during the conclusion of the collective agreement. The collective agreement guarantees loyal attitude to you as an entrepreneur from city governments and authorities.

According to the new labor legislation, the representatives of workers in the social partnership are, first of all, trade unions. It is they who are interested in concluding a collective agreement with the employer.

The trade union organization is interested in the stable operation of the company, in the production of a good, competitive product. We guarantee social peace in the company, subject to the observance of the collective agreement.

The trade union organization is interested in the growth of the qualifications of the workers of the enterprise, in their observance of the rules of internal regulations, the Charter of the organization.

The trade union organization, among other things, sets as its task the regulation of social and labor relations. In case of non-compliance with the collective agreement, the trade union organization is ready to assist in resolving labor disputes.

Bagalova Tatyana Konstantinovna(05/03/2017 at 22:43:10)

Good evening!

1. Everyone has the right to association, including the right to form trade unions for the protection of their interests. The freedom of activity of public associations is guaranteed.

2. No one may be forced to join or remain in any association.

Art. 30, "The Constitution of the Russian Federation" (adopted by popular vote on 12/12/1993) (taking into account the amendments made on amendments to the Constitution of the Russian Federation of 12/30/2008 N 6-FKZ, of 12/30/2008 N 7-FKZ, of 02/05/2014 N 2 -FKZ, dated 07/21/2014 N 11-FKZ)

1. The legal capacity of a trade union, an association (association) of trade unions, a primary trade union organization, another trade union organization that is part of the structure of an all-Russian or interregional trade union, an association (association) of trade union organizations arises from the moment information about their creation and shall be terminated at the moment of entry into the specified register of information on the termination of their activities.

(as amended on December 22, 2014 N 444-FZ)

State registration of a trade union, union (association) of trade unions, primary trade union organization as a legal entity is carried out in a notification manner.

For the state registration of trade unions, their associations (associations), primary trade union organizations with the federal executive body authorized in the field of state registration of public associations (hereinafter referred to as the federal state registration body), or its territorial body in the constituent entity of the Russian Federation at the location of the relevant trade union body originals or notarized copies of the statutes are submitted, certified copies of the decisions of congresses (conferences, meetings) on the creation of trade unions, their associations (associations), primary trade union organizations, on the approval of charters, lists of participants - the relevant trade unions, their associations (associations).

(as amended by Federal Laws No. 58-FZ of June 29, 2004, No. 444-FZ of December 22, 2014)

Trade unions, their unions (associations), primary trade union organizations submit these documents within a month from the date of their formation.

Upon receipt of these documents, the federal body of state registration or its territorial body sends to the authorized body in accordance with Article 2 federal law"On State Registration of Legal Entities and Individual Entrepreneurs" federal executive body (hereinafter referred to as the authorized registering body) information and documents necessary for this body to carry out the functions of maintaining a unified state register of legal entities.

(as amended by Federal Laws No. 169-FZ of 08.12.2003, No. 58-FZ of 29.06.2004)

The entry into the Unified State Register of Legal Entities of information on the creation, reorganization and liquidation of a trade union, an amalgamation (association) of trade unions, a primary trade union organization, as well as other information provided for by federal laws, is carried out by the authorized registering body on the basis of documents submitted by the federal state registration body or its territorial body. At the same time, the procedure for the interaction of the federal body of state registration and its territorial bodies with the authorized registering body on the state registration of trade unions, their associations (associations), primary trade union organizations is determined by the authorized federal executive body.

(as amended by Federal Laws No. 58-FZ of 29.06.2004, No. 160-FZ of 23.07.2008)

Upon receipt from the authorized registering body of information about an entry made in the unified state register of legal entities about a trade union, or about an association (association) of trade unions, or about a primary trade union organization, the federal state registration body or its territorial body issues to the applicant a document confirming the fact of making an entry about the trade union , or on the unification (association) of trade unions, or on the primary trade union organization into a single state register of legal entities.

The federal body of state registration, its territorial bodies in the constituent entities of the Russian Federation, the authorized registering body shall not have the right to control the activities of trade unions, their unions (associations), primary trade union organizations, and also to refuse to register them.

(as amended by Federal Law No. 58-FZ of June 29, 2004)

Trade unions, their unions (associations), primary trade union organizations have the right not to register. In this case, they do not acquire the rights of a legal entity.

State registration of a primary trade union organization as a legal entity may also be carried out by a representative of the trade union body of the relevant trade union by proxy.

2. Denial of state registration or evasion of it may be appealed by trade unions, their unions (associations), primary trade union organizations in court.

HOW TO CREATE A TRADE UNION

Are you tired of low wages, constantly changing schedules, dangerous working conditions, reduced benefits and compensation, or constant humiliation from superiors? Have you decided that you need to protect your rights in your workplace?

legal way to change the situation in better side- trade union.

It may happen that your company already has a trade union. At the same time, you can see that this trade union does anything but protect the rights of workers, and the conclusion of a collective agreement takes place behind closed doors, without discussion with the team, while the terms of the collective agreement only duplicate the norms of the Labor Code.

This means that at your enterprise there exists (and does not operate) the primary trade union organization of any branch trade union - the trade union of workers coal industry Rosugleprof (PRUP), the mining and metallurgical trade union (GMPR), workers of the natural resource complex, the trade union of workers in the chemical industries, or other old, bureaucratized trade union structures that are still in their past life.

In those past times, we lived in a different, planned economic system and the tasks of the trade unions were different. However, times have changed. Enterprises have long been privatized and become private. The economy has become a market economy, and in a market economy, the owners are only interested in profit. The state has actually abandoned the regulation of labor relations - wages and other working conditions are determined by the owner of the enterprise. And the old trade unions have so far remained, unfortunately, appendages of the director or the state - about such "trade unions" one of the top managers, at one of the seminars, even made a report: "The trade union as a way to manage a team."

And this may not be their fault, but the trouble for the majority of workers.

Of course, you can try to change the work of the trade union organization existing at the enterprise. To be elected to the trade union committee or chairman and start acting. However, usually foremen and bosses are driven into such a union of workers. And the overwhelming majority of chairmen of the trade union committee (and the trade union committee itself) are not elected by the workers, but are in fact appointed by the director. The chairmen of the territorial committees or the leaders of such trade unions are usually "elected" (appointed) "in agreement" with the big owners and bureaucrats in power. Therefore, the real chances to change anything in the existence of such trade unions are minimal - this system has eaten a lot of decent and honest people. However, we are not going to dissuade you if you choose this way of protecting your rights and interests - "Everyone chooses for himself - a woman, religion, a road ...".

If your enterprise does not have a trade union at all, or you have come to the conclusion that the trade union that exists at the enterprise (which the authorities drive into, and the trade union committee is “elected” by the director) does not suit you?

IF YOU HAVE A REAL DESIRE TO CHANGE YOUR LIFE, so that your (your workmates) rights and interests are respected and taken into account by the administration of the enterprise?

The only effective way for this is to unite and create a primary trade union organization.

But how to do it right, without substituting yourself and others?

How to make your organization effective in order to achieve your goals?

How to create a trade union at the enterprise?

If you decide to unite and create a trade union organization, then consider which of your workmates could make up a team (company) for you in this noble, but at the same time, not an easy task.

Immediately exclude colleagues from this list who are involved in any informal contacts with the administration or are highly dependent on it - they will definitely “knock” (although the trade union, in principle, would not interfere with them either). Ignore the talkative ones for now - you yourself understand, "a talker is a godsend for a spy."

In your team, take only those in whom you are personally confident, with whom you have worked for many years or are connected by some more or less strong ties. It is enough if there are at least two people besides you. More will be better. But at this stage, do not get carried away with numbers. Those in whom you are not completely sure, keep in reserve. Tell the “proven personnel” about your plans, describe the benefits and possible difficulties of being in the trade union - in such a case you cannot deceive comrades

At this stage, adhere to the rule: do not stick out of the trench until the process of creating a trade union organization is completed. “Filter the bazaar” so that information about your intention to engage in trade union activities does not immediately become the property of the general public, and especially the administration.

Workers who decide to form a union need to learn that the concepts trade union And primary trade union organization are not identical. These terms are defined in Art. 2 and 3 of the Federal Law "On trade unions, their rights and guarantees of activity."

The main difference is that the primary trade union organization unites trade union members who, as a rule, work in one organization. And the concept of "trade union" covers all types of workers' organizations - a trade union can be in the form of: a primary trade union organization, a territorial trade union, an interregional trade union, an all-Russian trade union, etc.

At the same time, it is necessary to understand that the main part of the rights and powers of the trade union to protect the interests of employees of the enterprise, guaranteed by the legislation (Labor Code of the Russian Federation) is assigned to the primary trade union organization. Therefore, it is more expedient, at the enterprise, to create a primary trade union organization.

Establishment of a primary trade union organization.

You only need three people to form a union. It is desirable, of course, to attract more people to this, but at this stage you can not get carried away with the numbers - it is more important to have a strong backbone that can withstand possible pressure. And of course, study Charter of the Independent Trade Union of Miners(NPG) (download link) and Program of activities of the NPG(download link)

Next, you need to hold a meeting and establish a primary trade union organization: the Charter of the NPG is adopted, the governing bodies are elected - it is necessary to draw up a protocol, which must be signed by all participants in the meeting.

At the meeting, it is necessary to elect the Council of Representatives, the executive committee (trade union committee), the chairman and deputies of the organization. The size of the executive committee (trade union committee) may vary depending on the circumstances and the size of the organization. It usually consists of 3-5 members if the organization is not very large. If the executive committee (trade union committee) is much smaller, its efficiency will decrease and communication with trade union members will become more difficult.

Please note that the Independent Trade Union of Miners (NPG) has dual control by workers (trade union members) over the work of the elected chairman, deputies and the executive committee (trade union committee) - the general meeting (conference) and the Council of Representatives. Therefore, it is necessary to elect (form) a Council of Representatives - from people who enjoy the confidence of their workmates, preferably 1-2 from a site, workshop or other structural unit. If it is not yet possible to cover all structural units- it doesn't matter - the provisions of the Charter allow, subsequently, to delegate representatives to the Council from those sections (workshops, etc.) where members of the trade union will appear.

IMPORTANT, so that decent people who are not amenable to influence from the authorities are elected to the elected trade union bodies (trade union activists).

Please note that all participants in the constituent assembly must write an application for joining a trade union (NPG of Russia).

A sample Application for joining the NPG, a sample of the minutes of the constituent assembly, can be downloaded from the links below:

The Constituent Assembly can be held both at the enterprise and outside it. If you are afraid of a negative reaction from the leadership, it is better to gather in neutral territory.

It is IMPORTANT to decide on the system of payment of dues to the union.

Trade union activity requires certain expenses. Release printed matter, payment for the services of lawyers and specialists, the maintenance of the premises, the payment of released workers, allow the trade union to conduct its activities independently of anyone other than its members. For such expenses, each member of the NPG monthly transfers a certain amount from their income.

The monthly membership fee to the NPG is set at no less than 1% (one percent) of the monthly salary. At least 15% of this money is used to finance trade union activities. If a territorial organization of the NPG operates in the region, then a certain percentage of contributions will also need to be transferred to finance its activities. The remaining part of the contributions remains in the primary organization (primary trade union organization - PPO) and is spent on its current activities.

Transfers of membership dues (from trade union members) are made to the settlement account of the primary trade union organization (if it has decided to register with the justice authorities as a legal entity) or to the account of the territorial organization of the NPG or another account (if the primary organization will not be registered with the justice authorities). It is important to note that a trade union can carry out trade union activities without forming a legal entity, in which case it cannot have a bank account or be a plaintiff (respondent) in court, but it fully carries out ordinary trade union activities, that is, it exercises the right to a collective agreement, consideration of opinion and other rights.

In many trade union organizations, dues are transferred (collected) through the accounting department of the enterprise. At the same time, each member of the trade union writes a personal application for the withholding of trade union dues, with reference to Art. 377 of the Labor Code of the Russian Federation. This system for collecting contributions through the company's accounting department it seems to help the trade union activists - he does not need to remind every member of the trade union every month about the need to pay contributions, and they have time to work to represent and protect the interests of workers. However, it gives the administration of enterprises power over primary organizations (trade union committees)- it can easily “punish” them by not transferring contributions or significantly delaying this process. And, more importantly, it gives the administration of enterprises power over the trade union and trade union members - the authorities know by name who is a member of the trade union and at any time can put pressure on each member of the trade union individually. Taking into account the negative attitude of directors towards trade unions, as well as the desire of the majority of enterprise owners to prevent the creation of workers' organizations independent of them, the system of collecting fees through the accounting department of the enterprise does not facilitate the activity, but most likely hinders the activity and development of the trade union.

At the same time, with the current development of the banking and financial systems, it is quite possible to organize a system for paying fees through ATMs and terminals by trade union members on their own.

To do this, it is necessary to conclude an agreement with Sberbank (or another bank), while the financial costs of servicing such a service are insignificant.

Of course, at the same time, it is necessary to organize the work of the trade union activists in such a way that the trade union organizer monthly reminds each member of the trade union of his membership in the organization and asks to confirm this membership by voluntary payment of membership dues and also organize accounting for the payment of dues.

With the introduction of the system of paying fees through ATMs and terminals, not only the administration of enterprises loses power over the trade union and trade union members, but trade union members have a powerful mechanism of trade union self-identification (the feeling of each person personally belonging to the organization), but elementary norms of trade union democracy begin to operate - trade union the asset regularly meets with workers (at such meetings, it is usually not only about contributions that are discussed).

Of course, the right to choose which system for collecting trade union dues remains with the meeting of the primary trade union organization - it is important that everyone understands and realizes the pros and cons of each.

Remember the following:

1. Never act alone.

Make arrangements with co-workers. The more of you from the start, the better. Be sure you can count on each other. Even a small group can achieve success and then grow if it is united. But the efforts of one leader are clearly not enough for success!

After enlisting the support of colleagues, contact the city or regional organization NPG Russia or the central office. This is necessary not only for official registration trade union, but also because it will allow you to get help and establish contacts with other organizations - the strength of the trade union is in broad association and solidarity of workers.

2. You are not obliged to inform the employer about the creation, composition and size of your trade union organization, as well as about its plans.

Notify him only when the trade union has already been created, the relevant documents have been drawn up, and you are ready to start work, i.e. when you need it. This will ensure that your trade union rights are legally protected from harassment and reprisals. Don't let rumors spread about union plans!

3. Your rights

Your right to join a trade union is enshrined in the Constitution of the Russian Federation(art. 30.1 - “Everyone has the right to associate, including the right to form trade unions for the protection of their interests”) and numerous laws and international conventions operating in Russia.

Labor Code and "Law on trade unions, their rights and guarantees of activities", describe the rights of trade union organizations in Russia. They must be yours. desk books!

The first steps of trade union organization

Since your union was formed against a background of certain problems - low pay, constantly changing schedules, dangerous working conditions, reduced benefits and compensation, constant humiliation from superiors or other problems - accordingly, it is designed to solve these problems.

However, you need to decide where to start.

Don't grab everything at once!

1. Pick one or two problems to start, no more!

What problem you put at the forefront depends on the situation and will be determined by the general opinion of the trade union activists (Council of Representatives and the Executive Committee).

It is important that you are well prepared to deal with any problem.

You must have a clear idea of ​​what it consists of, how you want to solve it, whether there is a consensus among you on this matter, whether your workmates will be ready to actively support your demands.

Some organizations decide to immediately pose the most pressing questions to the authorities - this can be done when the team really has unity and a willingness to act - evaluate the readiness of the team to take decisive action to protect their rights and enter into a sharp conflict with the authorities.

If your organization is still small, “the people have not matured”, and tension and discontent in the team are manifested only in the form of conversations in a smoking room, think about whether it is worth getting involved in a sharp conflict right away. May choose a strategy of small steps - first, for example, seek to eliminate obvious violations of the law - this will also be difficult to achieve, but in this case you will have the law on your side, and this will strengthen your position. Successes will prove to doubters the benefit of the union.

2. Organize your work environment.

Be prepared for the fact that negotiations with the administration will bring with them a lot of paperwork. Therefore, it is important that you are provided with the conditions for this! Raise the issue of providing premises to the administration. A trade union organization has the right to provide premises and office equipment (Article 377 of the Labor Code).

Insist that the management take into account the opinion of the union in cases provided for by law - for example, scheduling, reduction or dismissal of union members, the adoption of local regulations regarding labor relations. Remember that the trade union has the right to receive information about the socio-economic situation in the enterprise and all matters relating to working conditions.

3. Grow!

Any trade union organization should try to involve as many members as possible in the trade union - its strength and influence on the employer primarily depend on this.

If you have already informed management about the existence of your organization, you have the right to post information about your activities in a place accessible to employees (Article TK 377). Disseminate such information as quickly as possible. Actively tell colleagues about the goals of the organization, learn about their problems and suggest how they can be solved together with the union. Wherein:

Take people's concerns and fears seriously. Explain how you can protect yourself from pressure.

Do not promise to achieve success that you are not sure about. Unfoundedness will only undermine the credibility of the trade union organization.

Remind colleagues that union membership does not mean that others will solve their problems, but that it will depend on them how much and what can be achieved.

4. Communicate, keep in touch

It is very important that both members and non-members of the trade union are aware of the activities of the organization.

When the organization is small, it is possible to communicate informally, but at the same time, one should try to convey information completely and clearly to prevent rumors.

Try to set up regular meetings or meetings right away, where possible.

In large organizations, the task of informing employees can be solved either by creating active district organizations, or through the division of responsibility, determining who in the Executive Committee (trade union committee) and the Council of Representatives will be responsible for information work, and in which unit.

It is very important to produce information leaflets. Printed information, as a rule, is more accurate and will reach those people with whom you will not be able to talk in person.

Be sure to talk about your successes, even if they seem insignificant to you! Moscow, after all, was not built right away either. First, they convince people that union membership makes sense. Secondly, they can serve as an example of how to proceed in order to achieve the next goal.

What to do if the administration is against the creation of a trade union?

Unfortunately, not all employers are willing to respect our rights to form a union and protect our interests. Where management is not yet accustomed to the idea of ​​coexisting with a union, and union activists are still inexperienced, management harassment can pose a serious threat. Persecution can be both overt and covert.

Often the administration tries to figure out trade union activists and persecute them one by one. In order to split the ranks of workers, all sorts of rumors spread about them, they can be accused of corruption, dishonest work, etc.

Here we cannot give a complete list of all possible types countering such pressure, only a series of brief tips.

1. The administration has no right to interfere in trade union activities!.

Any attempt to forbid or prevent people from joining a trade union or taking an active part in its legitimate activities is unconstitutional and illegal!

2. Don't stop talking!

When the pressure starts, you should not take a wait-and-see attitude or go into the shadows - this will play into the hands of the administration, which is trying to divide you and deal with you one by one. Try to contact colleagues as soon as possible, call a meeting and discuss your overall response. Depending on the situation, the meeting may take place at the enterprise or outside it, at someone's home, at the nearest cafe, at the office of a higher trade union, at a school in the neighborhood ...

Act together! Always remember - everyone will not be fired, everyone will not be punished. Your strength is in unity!

3. Record all violations of your rights in writing!

Ask for written confirmation of illegal orders. Make up your own evidence of who, when and how interfered with trade union activities or threatened you negative consequences your union membership or activity. Fix the order if, immediately after the creation of the trade union, unjustified reprimands and fines fell on you, if immediately after you joined the trade union, you turned from a good employee into a bad one in the eyes of the management.

Appeal such facts to the administration, and if it does not correct them, notify the labor inspectorate, the higher trade union bodies.

Keep copies of all documents, both received from the administration and sent by you, with a seal registering receipt! This applies to official correspondence, and pay slips, and employment contracts, and other materials!

4. Don't let people divide!

The most common tactic of employers is to put pressure on each union member individually. For this, either the most vulnerable or the most active are usually chosen. Talk to union members in advance about how to behave if one by one they are called into the office and offered to get a promotion and leave the union or quit immediately. Try to avoid such situations. You have the right to interrupt the conversation if the leaders talk about your trade union activities, or call your representative, for example, the chairman of the primary organization or a member of the trade union committee. Look after each other, if one of you was called “on the carpet”, think about how you can help him. Sometimes even a mobile phone call or a "casual" visit with a minor question to the executive's office where the conversation is taking place can be helpful.

If one is called, the others will most likely be called. Try to stop it right away. It is best for everyone to come together to this leader and explain to him that his actions are illegal and that you are ready to appeal against them together. Again, record (in writing, as well as audio and video) all such conversations and attempts at intimidation. Your strength is in unity!

5. Do not believe the rumors spread by the administration!

Another way to deal with a union is to quarrel its members among themselves by spreading rumors. For example, about the fact that the chairman wants to solve only his own problems. Or that he is mentally unbalanced or a drunkard, and therefore such a troublemaker. Or that "it has already been bought." Or that everyone else has already left the union, only, they say, “You are the only one so stubborn.”

Do not believe the words of the administration! Check all the information received from them with colleagues. If rumors are being spread about you, think about ways to get the truth across to people, either orally or in writing.

6. Do not let your colleagues offend!

Don't stand aside if you see your co-workers being pressured. Remember, you could have been chosen as a victim. A person who has been hit for your joint cause needs your support!

You can come together to the leadership and express your protest, collect signatures under a joint statement in defense of colleagues, come up with other actions of solidarity and take part in them, witness the incorrect behavior of the authorities, and much more. The main thing is to make it clear that no one is alone in this conflict!

7. Do not sign documents against yourself!

Any management tries to avoid evidence that they are persecuting workers because of union membership. Therefore, people are being persuaded to sign a “voluntary” withdrawal from the trade union, to resign “according to own will” or “by agreement of the parties”, confess to dishonest work or other actions.

Do not sign documents against yourself! If you are fired because of trade union activities, you can be reinstated through the courts and receive compensation for the forced absence from work. If you leave of your own free will, then it will be much more difficult to prove later that you were persecuted. If you are forced to put your signature that you are familiar with the document, then always indicate which part of its content you do not agree with!

8. Mobilize solidarity outside the mine, mine, factory!

Violation of trade union rights is the business of the entire trade union movement. An attack against one union is an attack against all. And the administration will do everything to keep these events within the framework of your enterprise. Mobilize support from a higher trade union organization, colleagues from other enterprises. If, for example, representatives of other trade unions begin to call your administration and be interested in the course of the conflict, then the leadership will understand that it is under supervision.

9. Inform the public and supervisory authorities about violations!

In a serious situation, you can involve the media and supervisory authorities.

The media is a powerful weapon, especially if the owners of your enterprise value their reputation, since both the level of sales and the value of its shares depend on the image of the company. However, communication with the press has its own characteristics - you need to imagine exactly what you want to talk about with them, and what kind of reaction may follow. The basic rules for writing messages for the media are set out in the training manual (link to the "Press release manual NPGR"). Consult with experienced trade union colleagues before taking such a step!

10. Don't fight personal wars!

Very often in the role watchdog one of the middle managers speaks. Maybe he just has a bad temper. However, most often this happens with the sanction or at the direction of higher management. Do not let yourself be drawn into a personal war with this or that boss. He must do his job without violating your rights. If he does not fulfill this duty, then his leadership should sort it out. This is what we need to put pressure on - the management of the enterprise is responsible for observing trade union rights!

11. Do not give in to provocations!

They may try to provoke you into illegal actions or disrespectful behavior, and then apply repressions on this basis. There have been cases when a trade union leader was tried to get into a fight by severely insulting him - under the supervision of a surveillance camera that records the image, but not the sound. Weigh your reactions!

12. Don't stop solving your problems!

Persecution by the administration can sometimes take all your attention, effort and time. But always remember that you have to solve specific problems and fair questions. Go back to them, try to reduce conversations to solving these issues. An organization devoted exclusively to self-defence cannot achieve the real improvement of the situation for which it was created!

More detailed information and consultations on the creation of a trade union primary, you can get in the city or regional organization of the NPG of Russia or the central office.