Registration of a collective bargaining agreement

The legal framework for the development, conclusion and implementation of collective bargaining agreements is set forth in the Law of Ukraine "On Collective Bargaining Agreements and Contracts" No. 3356 of July 1, 1993. Although this law does not contain a provision requiring the conclusion of collective bargaining agreements (as for the similar provision in the Commercial Code of Ukraine, Article 4 of the latter states that it regulates only economic relations, not labor relations), most companies are increasingly inclined to believe that almost every company should have such an agreement.

According to Art. 2 of the Law, a collective agreement is concluded at enterprises regardless of ownership and business entity that use hired labor and have the right of a legal entity. This is the most important document concluded on the basis of negotiations between the employer and a trade union representative, or in the absence of such a representative, a representative of the labor collective authorized to conduct such negotiations and defend the rights and interests of employees. It is the collective bargaining agreement that determines the specifics of the organization of the activities of each particular enterprise, and therefore no general requirements are imposed on it, except for one - its terms may in no way worsen or in any way restrict the position and rights of employees compared to the provisions of the Labor Code, which regulates labor relations in Ukraine as a whole (Article 16 of the Labor Code).

Similarly, neither the registration of a collective agreement nor penalties for its absence are directly provided for, but practice shows that in case of need, including in court, each party feels much more confident in referring to the provisions of a formalized collective agreement. A collective bargaining agreement may provide for additional guarantees, social benefits, and other benefits as compared to the current legislation, stipulate the specifics of the labor collective's participation in the distribution of the company's profits, regulate labor protection issues, etc. In particular, the owner is interested in stipulating certain benefits (additional vacations, mobile communication for employees, etc.) in the agreement, as this has a positive impact on the company's accounting.

Who registers a collective bargaining agreement?

A collective bargaining agreement may be concluded at the national, sectoral, or territorial levels on a bilateral or trilateral basis: at the national level - a general agreement; at the sectoral level - sectoral (intersectoral) agreements; at the territorial level - territorial agreements. Depending on the level of the agreement: sectoral (intersectoral) and territorial (regional and republican) agreements are subject to notification registration by the Ministry of Social Policy, while collective agreements and territorial agreements of other levels are registered by the Department of Labor and Social Policy of the local executive body.

Why register them?

Pursuant to Article 15 of the Labor Code and the new Procedure for Registration of Collective Bargaining Agreements approved by Resolution of the Cabinet of Ministers of Ukraine No. 115 dated 13.02.2013, collective bargaining agreements are subject to notified registration in order to confirm the authenticity of the samples and copies submitted for registration and to ensure that their terms and conditions can be taken into account in any labor disputes, both collective and individual.

Requirements to the agreement submitted for registration:

Important changes relating to collective bargaining agreements were introduced by Law No. 5458 "On Amendments to Certain Laws of Ukraine on Determining the Parties to Collective Bargaining" dated 16.10.2012 and Law No. 2862 "On Social Dialogue in Ukraine" dated 23.12.2010, which defines the levels and parties to social dialogue in Article 4. It is these laws that led to the revision of the previously effective Regulation No. 225, which regulated the procedure for registering a collective bargaining agreement before Procedure No. 115 came into force.

The following documents are required:

• constituent documents of the company;
• not 3 copies of the agreement, as previously required (1st, 2nd and a copy), but depending on the number of parties that signed the agreement; all copies must be stitched, including appendices, including the Internal Regulations of the labor collective, numbered, signed, sealed by the parties;
• information about the parties that participated in the negotiations;
• The parties to the sectoral (intersectoral) and territorial agreement shall also provide copies of certificates confirming the representativeness of the trade union and employer parties that participated in collective bargaining;
• the requirements for compliance with the law, spelling, and information on sources of funding, which were previously in place, have been removed.

Procedure and deadlines

The registration period is 14 business days. During this period, the registration authority verifies the authenticity of the samples and copies of the agreement submitted for registration and the compliance of its terms with the requirements of the applicable labor law. Information on registration is published not in the official publication of the registration authority, but on its official website and in the media.

The concept of "representativeness" was introduced - in particular, the right to negotiate and conclude collective agreements is granted to the parties to social dialogue, the composition of which is determined in accordance with Law No. 2862. The assessment of compliance with the representativeness criteria and its confirmation for the parties to trade unions and employers is carried out in accordance with the Procedure for Assessing Compliance with the Representativeness Criteria and Confirming the Representativeness of the Parties to Trade Unions and Employers' Organizations dated 21.07.2011 No. 73.

The agreement is valid until it is revised within the term specified in the agreement.

It is worth noting that although the conclusion and registration of a collective bargaining agreement is voluntary, Article 17 of the Law of Ukraine "On Collective Bargaining Agreements and Agreements" and Article 411 of the Code of Administrative Offenses provide for liability for evasion of participation in negotiations on the conclusion, amendment or supplementation of a collective bargaining agreement. Persons representing the owner or his authorized body or trade unions or other bodies authorized by the labor collective who violate or fail to fulfill obligations under a collective agreement may be fined from 10 to 100 tax-free minimum incomes and are subject to disciplinary action up to and including dismissal.

The parties that signed the agreement are responsible for monitoring its implementation. Also, the parties to a collective bargaining agreement must report on its implementation annually within the timeframe stipulated by the agreement. At the request of trade unions or other bodies authorized by the labor collective, the above sanctions may be applied to a company's manager found guilty of violating or failing to fulfill obligations under a collective bargaining agreement.

 

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