Improving the forms and methods of library work, expanding the range of services provided, increasing competitiveness in the specialized market, on the one hand, and the need to develop resources, on the other, create objective prerequisites for the participation of libraries as one of the full partners of social cooperation.
The modern library is an institution that accumulates the interests of almost all sectors of society. The gradual formation of the foundations of a rule of law state, ensuring the transparency of the activities of power structures at different levels, improving the legislative system, broad and reliable information of citizens to ensure their informed political choice, and the development of the non-state sector of the economy create an opportunity to implement long-term library initiatives as opposed to short-term changes in the situation. This is the reason for the need for professional cooperation of libraries with various institutions, organizations, and movements.
The versatility of library activities allows you to create multilateral partnership projects that combine the efforts of several partners to solve common problems. Social partnership with the participation of the municipal library today can be legitimately considered as a socio-cultural phenomenon, which objectively acts as one of the important conditions for the development of territorial library services.
But at the same time, it should be noted that in order to obtain a significant economic and social effect from social partnership activities, their organizational and legal aspects should be clearly defined. Theorists and practitioners have not yet fully identified the subjects of social partnership in relation to librarianship. As the subjects of partnership, mainly institutions of culture, education, and the recreational sphere are considered. The essence of social partnership as a socio-political democratic institution, which is replacing the social practice of the undivided domination of state property, is to create such conditions for interaction under which a combination of interests of all social groups and communities will be realized on the basis of mutually beneficial cooperation, and not competition.
Social partnership has undeniable prospects for the development of all forms of library activity and deserves closer study in order to apply it in the practical activities of municipal libraries.
The fundamental organizational aspects of the creation and development of social partnership are: determining one's place in the socio-cultural space of the served territory; implementation of the development strategy; establishment of sustainable relationships with various structures of the territorial entity on the basis of legal regulation.
It is impossible to present a complete picture of the emergence, functioning and development of social partnership as one of the factors for improving territorial library services without classifying its types. Adapting the approach of the prominent researcher of the problem, the American sociologist A. Diamond, we propose the following classification of the types of social partnership that develops in the practice of library work in a municipality.
Civil partnership. It is implemented on the basis of the "first sector" of civil society, which includes: government structures, legislative structures, etc. Of paramount importance for municipal libraries is partnership with municipal authorities, the possibility of establishing which determines the fact that (with all the differences between these social institutions) in this period of the formation of civil society in the country, a transformation of their activities is taking place.
The social modernization of libraries puts forward the tasks of changing the content of information and library work, developing new social functions, adapting to the new socio-political and economic environment at the level of the municipality. The above circumstances predetermine changes in relationships and stereotypes of behavior, the creation of fundamentally new models of interaction. The process of formation of a social institution of local self-government of library services based on social partnership. Legislatively, the model of relations between the library and the authorities is enshrined in the first part of the Civil Code of the Russian Federation (1994), the federal law "On Library Science" (1994), and regional legislative acts. Authorities are the founders of municipal libraries, and libraries are institutions formed with the aim of implementing the tasks delegated by the society to the authorities. The founder determines for the library a list of functions and directions of its activity, which correlates with the needs of the population. In turn, the library must perform the functions assigned by the founder, making their proposals for their addition and development.
The most important innovation for libraries associated with the reform of local self-government was their actual transfer to the direct undivided jurisdiction of local authorities, including in terms of resource provision. The main provisions of the Federal Law "On the general principles of the organization of local self-government in the Russian Federation" dated 6 October. 2003 No. 131-FZ, which establish the legal, territorial, organizational and economic norms for the functioning of local self-government in the Russian Federation, will fully enter into force on January 1, 2009. In this regard, the primary task of municipal libraries is to form a system of relationships with authorities and other subjects of municipal formations from the standpoint of a social institution. In this context, libraries should be considered as an active subject, and not a passive object of municipal policy, which is important to fix in the legal field, which is being formed in accordance with the above-mentioned federal law.
Considering social partnership as a condition for an effective territorial library strategy, one should not lose sight of such an important aspect of it as economic cooperation with authorities. With a significant reduction in state funding, one of the priority tasks of library policy is to prove to local administration officials the need to actively promote the development of the library, additional (program-targeted) funding for its activities to solve the problems of free access to information, spiritual development of the individual. At present, when the local community is increasingly declaring its interests, the demand for the library by the population, the correspondence of the level of tasks to be solved to the level of user needs directly affect the attitude of the local authorities towards the library. The effectiveness of the library as the main resource of information for the municipality, without which the normal functioning of socially useful areas is impossible, is largely determined by the amount of budget funding. In the practice of municipal libraries, such a mechanism of social partnership with local authorities as targeted financial support for project activities should be fully used. In a number of regions, one of its types is municipal grants in the field of culture, provided on a competitive basis, as well as investing in targeted programs of libraries to provide additional social services to the population.
Partnership with information organizations. This partnership option includes organizations that contribute to the formation of civil society through the dissemination of various types of information. Partnership with information organizations allows libraries to carry out the development of library marketing policy, form a positive image of the library and its employees among the population, government and public structures, position the library's ability to meet the needs of the local community. Among the potential participants in such a social partnership, first of all, the mass media should be singled out. Informational support of library campaigns by the media helps to promote the book and motivate reading, attracting new ones to the library. This type of library partnership has been most actively used by municipal libraries in recent years.
Promising is partnership with book publishing and bookselling firms. There are many examples of developing cooperation between libraries and bookselling organizations. The active participation of the library in the formation of the municipal book market makes it possible to introduce elements of organization into its spontaneous state. The basis for this kind of partnership is the fact that library specialists are professionals in the field of book business, are constantly connected not only with products, but also with its consumers from various social strata, freely orient themselves in the range of publications and the book market conditions.
One of the directions of this type of modern partnership is the innovative activity of libraries in the field of mastering information technologies. The implementation of an integrated approach to the problems associated with the formation and development of an external territorial information space, the information system of a municipality, involves not only solving the issues of collecting funds with traditional documents, but also developing technologies that expand the possibilities and efficiency of information and bibliographic services. In this regard, partnerships are being developed with distributors offering modern information products and technologies.
Satisfying the needs of the user of a modern library involves the creation of a comfortable library environment. In this regard, the latest achievements in ergonomics, design art, and the possibility of a highly efficient internal information system should be used. All of the above requirements cannot always be met by the efforts of the library staff only, therefore, the partnership of libraries with outdoor advertising studios, design agencies, which can also be classified as information dissemination organizations, has become widespread.
Partnership with cultural organizations. Partnership in the field of culture is traditionally common in the practice of library work. But here, too, new trends have been observed in recent years. Libraries act as a guarantor of the preservation of traditional book culture, the development of general cultural trends, and ensure the availability of cultural values to all social strata of the population. The partnership between libraries and museums has been developing most actively throughout the last decade, which is largely due to the coincidence of the memorial function that both museums and libraries perform.
Partnership with educational institutions. Partnership in the field of education is quite widely represented in the practice of municipal libraries and is based on many years of cooperation between libraries and organizations and institutions related to the library in terms of goals and objectives of work. This type of partnership is altruistic, develops on a non-commercial basis and solves, first of all, the tasks of the local community related to the widest range of information requests in the field of education and upbringing.
The role of the library is to provide information support for the curricula of basic and additional education, to promote the expansion and deepening of the educational process, to study, accumulate and disseminate information about regional educational resources. Institutions of all types of education traditionally coordinate their activities with information and library institutions in matters of education.
Partnership with public organizations and associations. Democratic transformations, the formation and development of civil society in the Russian Federation involve the expansion and strengthening of public structures, the most important of which are public associations. The possibilities of joint activities of libraries and local non-profit organizations are predetermined in their initially socially oriented activities. Public associations include political parties, mass movements, women's youth and children's organizations, creative unions, communities, associations and other voluntary associations of citizens.
The involvement of public (non-governmental) organizations in cooperation seems to be especially important for positioning the library as the center of the local community, it implies the active functioning of the library as a component of the information and communication network that unites the activities of the third sector of civil society and library institutions at the municipal level.
The social partnership that develops between the library and public organizations can be divided into the following subtypes: partnership with creative informal organizations; with environmental organizations and movements; human rights organizations; with women's, children's and youth organizations, etc.
Economic partnership. The acquisition by libraries of legal and economic independence marked the beginning of the development of partnerships based on economic cooperation, mutually beneficial for both libraries and organizations entering into economic relations with them. The empirical material obtained in the course of the study allows us to conclude that economic cooperation is often not perceived quite adequately by the library community. An economic approach to the problem of reproduction and increase of library resources should take into account the original social essence of the library and provide for the priority solution of the social problems of the population served. Obtaining material benefits for the library in the process of economic cooperation is not an end in itself, but an intermediate result, one of the conditions for further solving a social problem.
Social and economic cooperation should become the central vector of social partnership. The amount of funding is directly related to socially significant and economically viable projects that consolidate efforts to achieve the goals of various forces of the local community. Moreover, the sources of financing can be not only the local budget, but also the funds of various funds, as well as commercial structures. It is the social significance of library programs aimed at meeting consumer demand that creates the basis for extrabudgetary additional funding.
Libraries often partner with economic associations and networks of commercial and industrial organizations, as well as entities engaged in independent economic and economic activities. Among them are industrial and production structures.
Departments of industrial literature and other structures providing information services to industrial enterprises are being created in libraries. The areas of cooperation that have become widespread in the practice of libraries are: the fulfillment by libraries of social and creative orders for participation in sociological research, the packaging of information on the topics of the customer, the provision of regulatory documents, including standards, norms and rules, holding days of information and days of specialists in quality management, etc.
The modern period of the development of libraries as independent economic entities, the expansion of the rights and economic opportunities of labor collectives provide an opportunity to expand the choice of partnership subjects. Economic partnerships include partnerships with small and medium-sized businesses, which most often develop in two areas: information and library services for small and medium-sized businesses, co-financing of library projects by business structures.
Thus, the search for social partners is an important activity of a modern library, directly related to the success and purposefulness of its activities.
Irkutsk
We, the undersigned, the Regional Council of Veterans, on the one hand, the Ministry of Socialdevelopment, guardianship and guardianship of the Irkutsk region, represented by the MinisterRodionov Vladimir Anatolyevich, on the other hand, have concluded this agreement as follows:
The parties proceed from the fact that attention to veterans and pensioners, attitude towards them as equal members of civil society, concern for the observance of the rights and satisfaction of the needs of older peoplegenerations, including educational ones, involvement in activesocial activities, promotion of a healthy lifestyle andactive longevity - is an important social task of our society.
1. THE SUBJECT OF THE AGREEMENT
The subject of the agreement is joint activities for the implementationsocially significant and socially oriented project of creation in2y. d. the system of continuous education of pensioners of the Irkutsk region based on the model of the Higher Public School (HNS). The essence of the project lies in the consistent expansion of the network of organizations and institutions of social policy, guardianship andguardianship of educational structures (clubs of interests, schools,centers, creative associations, groups, etc.), in which peopleretirement age receive the necessary knowledge and skills that meettheir interests and needs. Flexibility of the Folk High School Modelprovides a broad initiative and initiative in the choice of topicstraining, the number of training hours, forms of conducting classes. The implementation of the project is possible subject to the social partnership of veteran organizations, bodies and institutions of the social sphere and is carried out in accordance with the "concept of creating a system of continuous educationpensioners of the Irkutsk region within the model of the Higher public school"
2. OBLIGATIONS OF THE PARTIES
Regional Council of Veterans:
- conducts organizational work with territorial and sectoral Councils of Veterans to create and develop a network of Higher Public Schools on the basis of primary, city, district and district veteran organizations;
- receives, summarizes and analyzes information about the work of VNTTT in the Irkutskarea, develops recommendations for improving their activities;
- together with the East Siberian State Academy of Educationsummarizes the experience of the Higher School of Economics in the region, provides scientific and methodological support for the project, promotes Russian and foreign experienceactivities of such schools;
- disseminates the generalized experience of the Higher Folk Schools, promotes the best experience through the media andby other means;
- sends methodological recommendations to the Councils of Veterans on the contentcurricula and plans for the most common educational programs, including those developed jointly with the Ministry of Social Policy, Guardianship and Guardianship.
Interaction with the Ministry of Social Development, Guardianship andguardianship for the creation and development of the VNS network is carried out by the deputy chairman of the regional Council of Veterans andCommission for Social Protection of the Regional Council of Veterans ()
Ministry of Social Development, Guardianship and Guardianship:
- promotes through municipal governments and institutionssocial development, guardianship development networkeducational structures for pensioners on the basis of veteransorganizations, and on the basis of institutions for social development, guardianship and guardianship;
- joint work on the development of the network VNS builds on the following directions:
* creation of the VNSh in stationary institutions subordinated to
ministry;
* assisting veteran organizations in clarifying and
promotion of legislation on social benefits for veterans and
pensioners.
- together with the regional Council of Veterans develops methodological
recommendations on the organization and content of curricula and programs for
the most popular educational programs.
Until September 1, 2011 will send to the municipal authorities of the social development, guardianship and trusteeship recommendations for their participation in the implementationof the project of continuous education of pensioners, then periodically at working meetings with the heads of municipal bodies discusses the issues of organizing the work of the Higher Folk Schools.
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Social partnership. Contractual regulation of legal relations in the library sphere (Part 1)[ Directory of the head of the cultural institution. - 2006. - No. 3. - P. 93-105]
Social partnership is a civilized system of social relations based on the coordination and protection of the interests of employees, employers, representatives of state authorities and local self-government through the conclusion of contracts, agreements, reaching compromises, consensuses on topical economic and socio-political problems.
Let's consider the main issues of social partnership on the example of the library industry.
Social partnership as a new stage in library development
In the library sector, social partnerships are developing both at the internal and external levels. In the first case, they represent the process of forming social and labor relations in teams and help to solve such important issues for libraries as:
• improvement of working conditions; • wages, including the establishment of allowances and other benefits; • social assistance and protection of workers; • organization of the system of training and retraining of library personnel.
In the second case, it is the interaction of libraries with all subjects of society: users, authorities, business structures, public organizations, publishing houses, bookselling associations, other libraries, as well as with domestic and foreign charitable foundations.
Libraries often do not have enough of their own strength to solve such important social problems as, for example, improving library and information services for users based on computerization, improving acquisitions and preserving funds. This requires joint efforts, i.e. social partnership.
Today is actively developing:
• interdepartmental interaction of libraries of various types (university, pedagogical, school, music, museum); • their interdepartmental interaction; • interaction of libraries with other organizations outside the professional system.
The importance of partnerships for the cooperation of libraries with other organizations, as well as for the regulation of internal labor relations, is discussed in detail at professional meetings, scientific and practical conferences of heads of federal and regional libraries in Russia. The library community exchanges tried and tested methods of attracting additional (extrabudgetary) funds, opportunities for more active creation of a single library and information space through the introduction and dissemination of advanced computer technologies, and the creation of corporate systems. Legal issues are analyzed, such as: development of contractual relations with partners; opportunities for salary increases; social assistance and protection of librarians; features of the development of constituent and local regulatory and legal library documents. All this allows us to conclude that social partnership strengthens the position of libraries in the renewing socio-cultural environment of Russian regions.
Libraries are currently mastering the stage of formation of non-commercial social and business partnership.
The nature and content of relations between libraries change significantly if they are based on coordination, cooperation and integration. Social partnership mostly develops on the basis of contractual relations, for which new local regulations are being developed, for example: statutory documents of libraries, rules of use, job descriptions.
Legislation regulating social partnership
The legal field for the development of library partnerships is regulated by the norms of both general and sectoral legislation.
The basic principles of social partnership are proclaimed in the Constitution of the Russian Federation, which determined the range of socio-economic, socio-political and socio-cultural issues. The legal foundation of social partnership is the Civil Code of the Russian Federation (Criminal Code of the Russian Federation), which:
• regulates fundamental relations in the life of society; • regulates the obligations of the parties on a contractual basis; • determines the legal status of all participants in civil circulation, the grounds for the emergence and procedure for exercising the right of ownership, the right to the results of intellectual activity; • regulates contractual relations, as well as other property and related personal non-property relations.
The Civil Code of the Russian Federation is a universal act, the norms of which apply both to citizens (in the context of a library - to individual users), and to all other individuals and legal entities engaged in partnership in various areas of activity.
With regard to the development of partnerships between libraries, the most relevant are the provisions of the legislation on the conclusion of contracts:
• purchase and sale, exchange, donation; • lease, sublease; • contracts, supply of goods for state needs, provision of paid services (including library and information services), performance of research, development and technological work; • loan (credit); • insurance, compulsory state insurance. Legislative acts regulating contractual relations together constitute the legal foundation on the basis of which qualitatively new partnerships are being established between libraries interacting both with each other and with public authorities, local government, various organizations, trade unions and employers.
The regulation on partnerships between libraries of various types, libraries and centers of scientific and technical information, archives, as well as on the labor relations of library workers on a contractual basis is enshrined in the Federal Law of December 29, 1994 No. No. 78-FZ). Article 26 Ch. VI "Organization of interaction between libraries" of Law No. 78-FZ is devoted to the regulation of labor relations between the library administration and library workers in accordance with labor legislation. Law No. 78-FZ establishes the need for periodic certification of library workers.
Issues of improving the working conditions of library workers and their economic situation are regulated by the Labor Code of the Russian Federation (Labor Code of the Russian Federation). The section “Social partnership in the sphere of labor” defines social partnership as a system of relationships between employees (representatives of employees), employers (representatives of employers), state authorities and local governments, aimed at ensuring the coordination of interests on the regulation of labor relations and other directly related economic relations with them.
The system of social partnership in the sphere of labor consists of five levels:
• federal; • regional (in the subject of the Russian Federation); • branch (in branch, branches); • territorial (in the municipality: city, district, etc.); • specific organization (library).
This makes it possible to solve the tasks inherent in each of them through contractual regulation, combination and coordination of interests (sometimes conflicting) using established rules and procedural norms.
Forms, methods and mechanisms of legal regulation of social partnership on a contractual basis are also indicated in federal laws No. 175-FZ of November 23, 1995 “On the procedure for resolving collective labor disputes” and No. 156-FZ of November 27, 2002 “On associations of employers” (hereinafter - Law No. 156-FZ), as well as in the Law of the Russian Federation of March 11, 1992 No. 2490-1 “On collective agreements and agreements” (hereinafter - Law No. 2490-1). The norms contained in them are the legal foundation for the formation and development of a new type of labor socio-economic relations in libraries.
Principles of social partnership
The Labor Code of the Russian Federation has fixed the basic principles of social partnership, which create the basis and determine the general direction of regulation of intra-industry relations. The most important among them are:
• tripartism (tripartism) in accordance with the international legal regulation of labor relations; • equality, respect for the parties, their interest in contractual relations; • observance by the parties and their representatives of laws and other normative acts; • Ensuring freedom of choice when discussing issues within the scope of work, voluntariness and reality of the obligations assumed by the parties; • state assistance in strengthening and developing social partnership on a democratic basis.
Control over the implementation of collective agreements, agreements is carried out by the parties to the social partnership, their representatives, and the relevant labor authorities. In this case, the representatives of the parties are obliged to provide each other with the necessary information.
For failure to comply with a collective agreement or agreement in Ch. 9 of the Labor Code of the Russian Federation and Art. 5.28-5.31 of the RF Code of Administrative Offenses provides for legal liability.
In accordance with Art. 25 of the Labor Code of the Russian Federation, the parties to social partnership are employees and employers represented by duly authorized representatives. In relation to libraries, the parties to social partnership, as a rule, are employees and representatives of the administration.
Representation in social partnership
The interaction of social partners or their representatives, the convergence of all positions and the coordination of interests are carried out in different ways. The Labor Code of the Russian Federation establishes the main forms of social partnership that allow using various legal means to regulate labor relations in libraries (Article 27), namely:
• Collective negotiations on the preparation and conclusion of collective agreements, agreements; • Mutual consultations (negotiations) on issues of labor regulation, guarantees of labor rights and improvement of labor legislation; • participation of employees and their representatives in the management of the organization, including the library; • participation of employees' and employers' representatives in the judicial resolution of labor disputes.
Chapter 4 of the Labor Code of the Russian Federation (Articles 29~34) establishes the representation of employees and employers as social partners.
Representatives of employees in the social partnership are trade unions, their organizations, associations provided for by the charters of all-Russian trade unions, or other representatives elected by employees.
The interests of library workers in the management of the institution and the consideration of labor disputes are represented by the primary trade union organization (trade union committee) or other representatives elected by the workers. In the absence of a trade union committee or if it combines less than half of the library staff, employees can entrust the representation of their interests to someone else (Articles 29, 31 of the Labor Code of the Russian Federation). Employees who are not members of a trade union have the right to authorize the trade union body of the library to represent their interests in relations with the employer.
Representatives of the employer in the social partnership in accordance with Art. 33 of the Labor Code of the Russian Federation are the head of the library or persons authorized by him.
During the conduct of collective bargaining and the conclusion of agreements, as well as the resolution of labor disputes about them, the interests of employers are represented by associations of employers corresponding to the level of agreements.
In accordance with Law No. 156-FZ, an association of employers is a non-profit organization that unites employers on a voluntary basis to represent and protect the interests of its members in social partnership with trade unions, state authorities and local self-government. This form of partnership is based on the membership of employers (legal entities and individuals). Representatives of employers - libraries at the level of constituent entities of the Russian Federation and municipal libraries financed from the relevant budgets, may be executive authorities of either a constituent entity of the Russian Federation or local self-government, respectively.
Bodies of social partnership
The bodies of social partnership are the commissions created by partners for the regulation of social and labor relations at all the above five levels.
At the federal level, a tripartite standing commission is formed to regulate social and labor relations. Its legal status is determined by Federal Law No. 92-FZ of May 1, 1999 “On the Russian tripartite commission for the regulation of social and labor relations”. It consists of representatives of all-Russian associations of trade unions, all-Russian associations of employers and the Government of the Russian Federation.
In a constituent entity of the Russian Federation (at the regional level), a tripartite commission may be formed to regulate social and labor relations on its territory, the activities of which are regulated by the law of the constituent entity of the Federation.
In the constituent entities of the Russian Federation - autonomous republics, territories, regions - the process of formation of regional legislation is currently underway, which determines the features of the development of social partnership and labor relations in libraries of specific regions.
On the one hand, in the constituent entities of the Russian Federation, relevant regional laws on social partnership are adopted to regulate labor relations. On the other hand, the issues of social partnership in the sphere of labor are included in the regional legislative acts on librarianship, where there are sections regulating the issues of remuneration and allowances for library workers, ensuring social protection and social guarantees. Thus, similar provisions are found in legislative acts on librarianship in the Republic of Karelia, Altai Territory, Belgorod, Pskov, Kamchatka, Kirov, Ivanovo, Ryazan, Sverdlovsk, Tomsk, Tula and other regions.
At the territorial level, the activities of tripartite commissions are regulated by regulations on commissions approved by the representative bodies of local self-government.
Industry commissions are possible both at the federal level* and at the level of a constituent entity of the Russian Federation.
At the library level, the formation of a commission is necessary for collective bargaining, preparation and conclusion of a collective agreement.
Collective agreement
The procedure for conducting collective bargaining and the development of social partnerships at levels above the library are regulated by the above-mentioned Law No. 2490-1, which establishes the legal framework and principles for the development, conclusion and operation of collective agreements and agreements, and also expands the scope of partnership regulation of working conditions and socio-economic issues of labor.
Taking into account the new socio-economic conditions, Law No. 2490-1 defines:
• the concepts of "collective agreement" and "social partnership agreement"; • types and content of collective agreements and social guarantees for their implementation; • the procedure for resolving disagreements arising in the course of collective bargaining.
A collective agreement is a legal act that regulates social and labor relations in a particular library. It is between its employees and employers represented by their representatives.
The parties to the collective agreement, the content, conditions and procedure for its conclusion, as well as monitoring the implementation are defined in Ch. 7 of the Labor Code of the Russian Federation (Art. 40-44).
In accordance with the norms of the Labor Code of the Russian Federation in the library, regardless of its type and type, organizational and legal form and subordination, the issue of the need to conclude a bilateral collective agreement between the administration and the elected body of trade unions is decided by the labor collective, which also considers and approves its project.
Application
Federal industry agreement between the Federal Agency for Culture and Cinematography and the Russian Trade Union of Cultural Workers for 2005-2007
1. General Provisions
1.1. This Industry Agreement (hereinafter - the Agreement) is concluded in accordance with the legislation of the Russian Federation and is aimed at protecting professional, labor rights, socio-economic interests and improving the living standards of employees of organizations and cultural institutions.
Agreement - a legal act that establishes the general principles for regulating social and labor relations and related economic relations, concluded between authorized representatives of employees and employers.
This Agreement is based on the current norms contained in the Constitution of the Russian Federation, the Labor Code of the Russian Federation, the laws of the Russian Federation "On collective agreements and agreements", "Fundamentals of the legislation of the Russian Federation on culture", "On employment in the Russian Federation", federal laws " On Trade Unions, Their Rights and Guarantees of Activities”, “On Amendments to the Legislative Acts of the Russian Federation and the Recognition of Certain Legislative Acts of the Russian Federation as Invalid in Connection with the Adoption of Federal Laws “On Amendments and Additions to the Federal Law “On the General Principles of Organization of Legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation "and" On the general principles of organizing local self-government in the Russian Federation "", "On the procedure for resolving collective labor disputes", the General agreement between all-Russian associations of trade unions unions, all-Russian associations of employers and the Government of the Russian Federation, other normative legal acts of the Russian Federation in the field of culture, the Regulations on the Federal Agency for Culture and Cinematography, approved by Decree of the Government of the Russian Federation of June 17, 2004 No. 291, and the Charter of the Russian Trade Union of Cultural Workers.
1.2. The Agreement applies to employees and employers who have authorized the respective representatives of the parties in collective bargaining to develop and conclude it on their behalf.
1.3. Based on the delegation of authority, the parties to the Agreement are:
• employers represented by their representative, the Federal Agency for Culture and Cinematography (hereinafter referred to as Roskultura); • employees of organizations and institutions of culture financed from the federal budget (hereinafter referred to as employees), represented by a representative - the Russian Trade Union of Cultural Workers (hereinafter referred to as the Trade Union).
1.4. The parties agreed that:
1.4.1. The trade union, its territorial, primary organizations act as authorized representatives of employees of organizations and cultural institutions:
• in the development and conclusion of collective agreements and agreements; • negotiating the protection of professional and social and labor rights; • wages (sizes of tariff rates (salaries), additional payments and allowances), amounts and forms of material incentives, labor standards, employment, hiring; conditions and labor protection, work and rest regime,
as well as on other issues of social support for teams and individual employees.
1.4.2. Directly in organizations and cultural institutions, the regulation of labor, professional and socio-economic relations between employees and the employer is carried out by concluding a collective agreement. The collective agreement, taking into account the characteristics of the activities of the organization, institution and their financial capabilities, may establish additional benefits for employees in comparison with the norms and provisions of the Labor Code of the Russian Federation, federal laws, other regulatory legal acts and this Agreement.
1.4.3. During the term of the Agreement, the parties have the right to make additions and changes to it on the basis of mutual agreement.
1.4.4. None of the parties can unilaterally terminate the fulfillment of the obligations assumed during the term of the Agreement. Representatives of the parties who evade participation in collective bargaining on the conclusion, amendment of the Agreement (collective agreement), unlawfully refused to sign the agreed collective agreement (Agreement) or fulfill the obligations assumed, are liable in accordance with the legislation of the Russian Federation (Articles 54, 55 of the Labor Code of the Russian federation).
1.4.5. During the validity period of this Agreement, the parties are guided by the legislation of the Russian Federation, which regulates the procedure for resolving collective labor disputes, use all opportunities to resolve conflicts in order to prevent the use of extreme measures by labor collectives to resolve them - strikes.
1.5. The Parties to the Agreement bring the text of this Agreement to the attention of the federal state authorities, state authorities of the constituent entities of the Russian Federation, local authorities, cultural organizations and institutions, territorial and primary organizations of the Trade Union and contribute to its implementation.
1.6. The trade union and its territorial organizations carry out a systematic analysis and generalization of the experience of collective agreements and territorial agreements concluded by organizations and cultural institutions.
1.7. The parties agreed that the course, intermediate and final results of the implementation of this Agreement, other agreements and collective agreements are regularly covered in the media.
1.8. The agreement was concluded for 2005-2007, comes into force from the moment of signing and is valid until December 31, 2007 inclusive.
1.9. In the event of reorganization of the parties to the Agreement, their rights and obligations under this Agreement shall pass to successors and remain until the conclusion of a new Agreement or the introduction of amendments and additions to this Agreement.
2. Obligations of the parties in the field of social and labor relations
2.1. Guided by the principles of social partnership based on mutual respect for positions, equality and consideration of interests, the parties undertake to:
2.1.1. To promote observance in organizations and cultural institutions of the labor legislation of the Russian Federation.
2.1.2. Contribute to raising the level of wages, improving social and labor relations, creating safe working conditions and protecting the health of employees of cultural institutions and organizations in accordance with labor legislation.
2.1.3. When carrying out the processes of denationalization and privatization, liquidation, reorganization of organizations and cultural institutions, conduct joint negotiations to achieve acceptable solutions to respect the rights and interests of employees.
2.2. An employment contract with employees of organizations and cultural institutions is concluded in accordance with the current labor legislation.
The terms of an employment contract that worsen the position of an employee in comparison with labor legislation are invalid.
3. Job security
3.1. The Parties believe that in the event of mass layoffs that have arisen in connection with the liquidation, reorganization of cultural institutions and organizations, the employer sends information to the Trade Union about possible mass layoffs of workers, the number, categories of those laid off, as well as the terms during which it is planned to carry out these activities.
In cases of mass dismissal of workers, employers and the Trade Union are guided by the criteria for mass dismissal of workers and the principles of interaction aimed at ensuring the employment of workers established by the Regulations on the organization of work to promote employment in conditions of mass dismissal, approved by Resolution of the Council of Ministers of the Russian Federation dated 05.02.93 No. 99.
3.2. The trade union undertakes, through elected trade union bodies, to represent the interests of trade union members in the liquidation of organizations, reduction of jobs, in resolving labor conflicts and to take measures to protect their legal rights.
3.3. Employers provide professional training, retraining and advanced training of employees.
4. Pay
4.1. The system of remuneration and incentives for work, including payment for work at night, weekends and non-working holidays, overtime work and in other cases, is determined in accordance with the procedure established by the legislation of the Russian Federation and is reflected in collective agreements (agreements), taking into account opinions of the elected trade union body.
4.2. The performance by employees of additional types of work that are not included in the scope of their direct duties is carried out for an additional payment. The amount of payment is established by agreement of the parties to the employment contract and is determined in the manner prescribed by the legislation of the Russian Federation.
4.3. The remuneration of labor of workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions is established in accordance with Art. 147 of the Labor Code of the Russian Federation.
An increased amount is also paid for the work of workers employed in the regions of the Far North and equivalent areas, as well as in other areas with special climatic conditions (Articles 146, 315 of the Labor Code of the Russian Federation).
4.4. The remuneration of the heads of organizations, their deputies and chief accountants in organizations financed from the federal budget is made in the manner and in the amount determined by the Government of the Russian Federation (Article 145 of the Labor Code of the Russian Federation).
4.5. The introduction and revision of labor standards are carried out by the employer of the organization, taking into account the opinion of the representative body of employees.
Employees must be notified of the introduction of new labor standards no later than two months in advance (Article 162 of the Labor Code of the Russian Federation).
4.6. Roskultura and the Trade Union take the necessary measures to ensure the timely payment in organizations and cultural institutions of direct management of wages, scholarships, benefits provided for by the legislation of the Russian Federation.
5. Mode of work and rest
5.1. The working time regime in organizations and cultural institutions is determined by a collective agreement or internal labor regulations.
5.2. For employees of cultural institutions and organizations in accordance with Art. 94 of the Labor Code of the Russian Federation, the duration of daily work (shift) may be established in accordance with laws and other regulatory legal acts, local regulations, a collective agreement or an employment contract.
5.3. Overtime work is carried out only in cases provided for in Art. 99 of the Labor Code of the Russian Federation, with the written consent of the employee. In other cases, involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of this organization.
Payment for overtime work is made in accordance with Art. 152 of the Labor Code of the Russian Federation.
5.4. The parties agreed that the involvement of creative workers of cinematography organizations, theaters, theater and concert organizations, circuses to work on weekends and non-working holidays is carried out in accordance with the lists of these categories and in the manner established by the legislation of the Russian Federation (Article 91 of the Labor Code Russian Federation).
5.5. The duration of the annual paid leave for all employees of the industry is established in accordance with the current legislation.
The sequence of granting paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected trade union body of this organization, no later than two weeks before the start of the calendar year.
The employee must be notified of the start time of the vacation no later than two weeks before it starts.
5.6. Annual leave can be postponed or extended:
• in case of temporary disability of an employee; • when an employee performs public duties during the annual paid leave, if the law provides for exemption from work for this; • in other cases stipulated by the current legislation.
5.7. Annual additional paid vacations are provided to employees in accordance with applicable law.
Organizations, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by federal laws. The procedure and conditions for granting these holidays are determined by collective agreements or local regulations.
5.8. Calculation of average earnings to pay for annual leave is carried out in accordance with applicable law.
6. Labor protection
6.1. Roskultura:
6.1.1. Carries out control and coordinates the activities of subordinate organizations to ensure labor protection, keeps records and regular analysis of cases of industrial injuries of workers, summarizes state reporting in the form 7-T (injuries), 1-T (working conditions) “On the state of working conditions, benefits and compensation for work in adverse working conditions.
6.2. Employers:
6.2.1. They organize work on certification of workplaces and certification of work on labor protection in accordance with the recommendations of the Ministry of Labor of Russia (Resolution of the Ministry of Labor of Russia dated March 14, 1997 No. 12 “On the certification of workplaces in terms of working conditions”).
6.2.2. They finance measures to improve working conditions and labor protection (Article 226 of the Labor Code of the Russian Federation).
6.2.3. Take the necessary measures to prevent industrial injuries and occupational diseases.
6.2.4. They organize mandatory preliminary and periodic medical examinations of employees employed in work with difficult and harmful working conditions in accordance with the current legislation (Order of the Ministry of Health and Social Development of the Russian Federation dated 16.08.04 No. 83).
6.2.5. Provide workers employed in jobs with harmful or dangerous working conditions with certified personal protective equipment, flushing and neutralizing agents, as well as milk or other equivalent food products in accordance with established standards.
6.3. Local trade union bodies, together with representatives of the employer, carry out:
• formation and organization of activities of joint committees (commissions) for labor protection; • work of authorized (trusted) persons for labor protection of trade unions; • conducting public control of the state of labor protection, fire safety; • control over the fulfillment by cultural organizations and institutions of the requirements of laws and other normative legal acts on labor protection in order to ensure healthy and safe working conditions for industry workers (Article 370 of the Labor Code of the Russian Federation).
7. Development of the social sphere, provision of benefits and compensations
7.1. Employer and Trade Union:
7.1.1. They provide full information about the rights and guarantees in the field of pensions, the legality of using lists of industries, jobs, professions, positions and indicators for which preferential pensions are established.
7.1.2. Employees of cultural organizations and institutions permanently residing and working in rural areas enjoy benefits for public services and other benefits established by law.
7.1.3. They may, in the manner and in the amount determined in the collective agreement, within their own funds, establish additional guarantees and compensations for employees of cultural institutions and organizations, as well as in other cases provided for by the current legislation.
<...>of the Russian Federation "On the procedure for resolving collective labor disputes", the General Agreement between all-Russian associations of trade unions, all-Russian associations of employers and the Government of the Russian Federation, this Agreement, the collective agreement.
8.2. The parties draw attention to the fact that employers:
8.2.1. Obliged to respect the rights and guarantees of the Trade Union, to promote its activities.
8.2.2. They provide the trade union body with organizations, cultural institutions free of charge with the necessary premises for the work of the trade union body itself and for holding meetings of workers, storing documentation, and also create other additional conditions for the implementation of the activities of the elected trade union body, provided for in Art. 377 of the Labor Code of the Russian Federation.
8.2.3. They do not prevent representatives of trade union bodies from visiting institutions and divisions where trade union members work in order to exercise the rights granted by law.
8.2.4. Provide the trade union body, at its request, with information, information and explanations on working conditions, wages, and other socio-economic issues.
8.2.5. Provide, in the presence of written applications from employees who are members of a trade union, as well as other employees who are not members of a trade union who are covered by the collective agreement, a monthly free transfer from the settlement account of the organization and cultural institution to the settlement accounts of the Trade Union of funds as trade union membership dues in the manner established by the collective agreement. The transfer of funds is made in full and simultaneously with the issuance by the bank of funds for wages.
8.2.6. Employers and the Trade Union may establish in the collective agreement additional guarantees for employees elected (delegated) to the bodies of the trade union who are not exempt from production and creative activity (work), in addition to those established by the current legislation.
8.2.7. Preservation for elected and full-time employees of the trade union body of social guarantees and benefits in force in the institution is determined in the collective agreement.
8.2.8. Work as the chairman of a trade union organization and as part of its elected body is recognized as significant for the activities of the institution and is taken into account when encouraging all employees.
9. Obligations of the Trade Union
The trade union, its territorial and primary organizations undertake:
9.1. Promote the implementation of this Agreement, collective agreements, reduce social tension in the labor collectives of the industry, using, among other things, the funds of the Trade Union.
9.2. Submit proposals to the relevant state authorities to improve labor legislation and social support for industry workers, conduct a public examination of draft laws and other regulatory legal acts.
9.3. Protect the labor, socio-economic and professional rights and interests of trade union members, including in judicial and other state bodies, provide free legal assistance to trade union members, other employees in accordance with the collective agreement.
9.4. To assist in providing employees of organizations and cultural institutions with vouchers for sanatorium treatment and recreation, organizing summer holidays and improving the health of children of workers in the industry.
9.5. Monitor and protect the guarantees of employees in matters of employment, dismissal, provision of benefits and compensation in accordance with the legislation of the Russian Federation, this Agreement and the collective agreement.
9.6. Use all forms of information support in order to most fully inform trade union organizations and trade union members about the activities of the parties to the Agreement to ensure the socio-economic rights and guarantees of industry workers.
9.7. Provide for in territorial agreements (collective agreements) the allocation of material assistance at the expense of own funds to the family of a person who died at work as a result of an accident that occurred through no fault of the employee.
10. Control and responsibility for the implementation of the Agreement
10.1. The parties exercise constant control over the implementation of the Agreement, informing each other about their actions, decisions made affecting the labor, socio-economic and professional interests of employees, provide the opportunity for the presence of representatives of the parties to the Agreement at collegial meetings of Roskultura and the Presidium of the Trade Union when considering issues related to the implementation of the Agreement .
10.2. If employers violate this Agreement and the Trade Union plans a strike, the Trade Union informs Roskultura of the situation at least two months before the planned date of the strike.
The parties take measures to resolve conflicts in order to prevent strikes.
Head of the Federal Agency
in culture and cinematography
M. ShvydkoiChairman of the Russian Trade Union
cultural workers
G. ParoshinThe agreement has passed notification registration with the Federal Service for Labor and Employment. Registration number 20/05-07.
Head of the Federal Service
for work and employment
M.L. Topilin
The term "social partnership" is widely used by cultural institutions. But the meaning given to this concept often becomes the designation of any interaction with various organizations. We believe that from the standpoint of a special library, social partnership should be viewed as a system of equal constructive relationships aimed at protecting the interests of people with disabilities. We will not describe in detail all the existing types and forms of cooperation, realizing that each library has its own experience of working with social partners. But we want to draw attention to the role of the library as a consolidating principle between partners. The specifics of the library for the blind, the main users of which are adults and children with disabilities (hereinafter - HIA) and specialists in various fields, allows you to see the problems of people with disabilities from all sides: social, educational, medical, legal, cultural. As a rule, these problems are interrelated and complex. They need to be solved by the joint efforts of various departments. But, unfortunately, it is not easy to overcome interdepartmental barriers. Social partnership should become a form of interaction that would solve significant social problems in principle, providing people with equal opportunities for a decent life. In order for government agencies, public and commercial organizations that can influence the change in the situation to be able to find common ground in solving specific problems, a unifying force is needed. It is the library that can become such a unifying and driving force in the development of partnerships. Based on the experience of our library, we have identified three successive stages in the formation and development of social partnership: monitoring the problems of people with disabilities (HIA): analysis and systematization of problems that need to be solved or predicted; identification of a priority problem; clarification of the degree of interest of various departments in solving this problem; development of mechanisms for mutually beneficial and equal cooperation aimed at solving the problem; constructive interaction, cooperation and development of multilateral relations between various structures. At the first stage, the following steps were taken. A target group was formed, which included users with disabilities and members of their families. Problems related directly to this social group are identified. A range of potential partners has been identified - various institutions and organizations that can assist in solving problems with HIA. Library resources (information, material, personnel) were monitored. The role and place of the library in the development of social partnership are outlined. The second stage was devoted to the development of a partnership cooperation mechanism. It presents particular difficulty for several reasons that need to be considered, viz. It is difficult for the heads of various departments and institutions to change the position that has been formed over decades regarding the disabled, despite the fact that now the situation is changing, albeit slowly, but. Relations between public, commercial organizations and state structures have developed, which by no means always can be called partnerships. Public and parent organizations exist in isolation. More often, their efforts are aimed at overcoming momentary difficulties and solving local problems of specific people. All this, unfortunately, makes it difficult to identify "pain points", prioritize and build a constructive dialogue. Therefore, it is at the second stage that the library needs to take on a consolidating role, to act as a kind of third independent entity capable of abstracting from a biased view of social and cultural problems and organizing constructive interaction. Here it is necessary to clarify that the library did not seek to take on a leadership role. But close communication with people with disabilities and their families, the activities of the library's correctional class, which made it possible to find out from the inside the needs of users with disabilities, served as a trigger for the development of partnerships. It so happened that traditionally the activity of any library was largely based on altruism and enthusiasm. This suited society, since cultural institutions assumed a certain responsibility in solving a number of social problems. But today, socio-cultural norms dictate the need for a transition to new models of cooperation, a qualitative change in the relationship "library - society". The principle of "playing with one goal" ceases to operate. Understanding this led the library to establish partnerships with government and public organizations. They were: the Ministry of Education of the Republic of Karelia; Commissioner for Children's Rights in the Republic of Karelia; republican institutions (State educational institution of additional professional education (advanced training) of specialists "Institute for advanced training of educators", Republican Children's Ecological and Biological Center); republican public organizations (Karelian republican organization of the All-Russian Society of the Blind - hereinafter KRO VOS, Karelian regional public organization of disabled supporters "Petrosino"); public parent organizations (Karelian Regional Public Organization of Parents of Children with Down Syndrome – hereinafter KROO RDSD, Karelian Regional Public Organization of Parents of Children with Disorders of the Musculoskeletal System); rehabilitation institutions (Rehabilitation center "Solnyshko" of the Prionezhsky municipal district, Rehabilitation center for children and adolescents with disabilities "Rodnik", Rehabilitation center at the State Health Institution "Polyclinic No. Petrozavodsk); municipal institutions (MOI for children in need of psychological, pedagogical and medical and social assistance "Center for Psychological, Medical and Social Support"); municipal specialized preschool institutions (MDOU No. 1, 11, 79); special (correctional) educational institutions for students and pupils with disabilities (GOU special (correctional) general education boarding schools No. 21, 23, 47); secondary specialized and higher educational institutions of the republic (State educational institution of higher professional education "Karelian State Pedagogical Academy", State educational institution of secondary vocational education of the Republic of Karelia "Petrozavodsk Pedagogical College"); cultural institutions (State State Institution "Karelian State Museum of Local Lore", Federal State Institution "Kizhi Museum-Reserve", State Institution "Museum of Fine Arts of the Republic of Karelia"); medical institutions (GUZ "Children's Republican Hospital", etc.). In working with partners, the library uses a variety of forms of interaction. They depend primarily on the scope of their activities. For example, let's take some forms of cooperation with the KRO VOS. Exchange of information about people with visual impairment (we provide information about families raising young children with visual impairment). Participation in joint projects (project "First Steps", designed to support families raising children with disabilities at an early age). Financial support for joint events. Organization and holding of joint events (“School for Parents”, Summer Rehabilitation Camp, leisure activities for children). Joint participation of library staff and KRO VOS in various forms of advanced training (seminars, master classes). Expanding the circle of partners, including foreign ones (for example, establishing contacts with the Finnish Federation of the Visually Impaired). At the third stage, building a model of business relations, we realized that the interaction of the parties would be truly partnership, subject to the following conditions: the interaction should be formed around a social problem. At the same time, each of the parties should be interested in its solution; each member of the partnership should be clearly aware of the purpose, role and rights, assess the possibilities and be aware of the degree of their own responsibility. Therefore, it is necessary to develop a package of documents that would regulate all aspects of social partnership, taking into account the interests, specifics and capabilities of each partner. It is not customary to “be friends” under the contract, but the precisely prescribed obligations of the parties will make it possible to more clearly build such relationships; relations of the modern level cannot be created by old methods. Therefore, the solution of social problems requires an innovative approach. We can state that our library has begun to be perceived as an institution that generates innovative ideas and technologies, breaking the stereotypes of working with people with disabilities. Of course, at the moment, it is rather difficult, figuratively speaking, to be a locomotive that has hardly moved the train and is now trying to push it forward. But there is hope that we will be able to convince all participants of the need for mutually beneficial cooperation; a true partnership must be stable, long-term and not dependent on a change in leadership; due to the fact that state organizations have a limited budget, it is more expedient to build financing for joint activities using the mechanism of project activities in the field of implementation of socially significant projects. For example, for two years now, in partnership with KROO RDSD "Open World", we have been winning grants that allow us to provide high-level information, psychological and pedagogical support to families raising young children with Down syndrome. It cannot be argued that our model of partnerships, the model of cooperation and development of multilateral relations between various structures, works perfectly, but it can already be predicted that the result of the development of partnerships will be the opportunity to most effectively solve the global problems of people with disabilities and, ultimately, improve their quality of life.
The form of the document “Exemplary form of a social partnership agreement” refers to the heading “Property, health, liability insurance agreement”. Save a link to the document on social networks or download it to your computer.
Agreement on social partnership
___________________________________ "___" _________ 200__
(indicate the place of conclusion of the contract)
1. General Provisions
1.1. This agreement is concluded in accordance with the law
Russian Federation and determines the agreed positions of the Parties on
ensuring the stable and effective activities of the educational
institutions subordinate to the Federal Agency for Education.
1.2. This agreement establishes the general principles of regulation
social and labor relations in the field of education and related
economic relations, determines the general conditions of remuneration, labor
guarantees and benefits for employees of a general education institution called
hereinafter referred to as the "Institution".
1.3. This agreement is based on the Constitution of the Russian
Federation, Labor Code of the Russian Federation, Laws of the Russian
Federation "On Education" and "On Employment in the Russian
Federation", Federal laws "On trade unions, their rights and
guarantees of activities", "On the procedure for resolving collective labor
disputes", "On the basics of labor protection in the Russian Federation", General
agreement between the all-Russian associations of trade unions,
all-Russian associations of employers and the Government of the Russian
Federation and other regulatory legal acts of the Russian Federation.
1.4. This agreement shall be applicable when concluding
collective agreements, employment contracts with employees of the Institution, with
resolution of individual and collective labor disputes.
1.5. The parties to the social partnership agreement are employees
and the employer represented by authorized persons in accordance with the established procedure
representatives.
Representatives of employees in the social partnership are
Trade union.
The interests of the employer are represented by the head of the Institution.
The subject of this agreement is the provision by the Parties
fulfillment of the obligations assumed to regulate the social and
labor and related economic relations in the Establishment.
The parties build their relations on the principles of social
partnership, which is a way of combining interests
employees and the employer, resolving conflicts arising between them
by reaching agreement and mutual understanding.
The agreement on social partnership is aimed at social
responsible regulation of labor issues, employment, quality improvement
working and living conditions of employees (members of their families), improvement
social insurance and is a system of measures,
allowing the employer and employees to participate jointly in the development
and the implementation of a coherent socio-economic policy as
federal level, and in the Institution by concluding a collective
agreements in the institution.
The Parties undertake to comply with the following principles of social
partnerships:
Confidential cooperation and prevention of social
conflicts;
Respect for mutual interests;
Coordination of their positions and actions on issues related to
implementation of measures to improve economic efficiency
activities of the Institution, which is the basis for ensuring the implementation
of this agreement, collective agreements and agreements.
1.6. The parties have agreed that:
1.6.1. In order to regulate social and labor and other related
relations between employees and the employer, must be concluded
collective agreement.
In the collective agreement, taking into account the specifics of the activity
The institution and its financial capacity can be established
additional benefits, guarantees, more favorable working conditions for
compared with those established by the legislation of the Russian Federation, other
normative legal acts, this agreement.
1.6.2. During the term of this Agreement, the Parties to
on the basis of mutual agreement have the right to make additions to it and
changes. Upon the occurrence of conditions requiring an addition or
amendments to this Agreement, the Party concerned sends the other
A party written notice of the start of negotiations in accordance with
the legislation of the Russian Federation and this agreement.
1.6.3. The parties may not, during the term of this
agreement to unilaterally terminate the fulfillment of the obligations assumed
obligations.
1.6.4. The parties are interested in strengthening social partnership,
creating and maintaining harmonious relations, an atmosphere of mutual understanding and
trust at all levels, finding ways to resolve emerging disputes
issues through negotiations.
1.6.5. In case of reorganization (change of legal status)
Institutions of the rights and obligations of the parties under this agreement are transferred
to their successors and remain until the conclusion of a new contract or
amendments and additions to this Agreement.
1.6.6. The parties are responsible for evading participation in
collective bargaining on the conclusion, amendment of this agreement, for
failure to provide information necessary for the conduct of collective
negotiations and control over its observance, violation or
failure to fulfill obligations under this agreement, other
illegal actions (inaction) in accordance with the law
Russian Federation.
1.7. The Parties consider it expedient to jointly ensure:
1.7.1. Timely and full funding of the Institution for
approved in the federal budget items of expenditure of the economic
budget classification, including social expenditure items
orientation.
1.7.2. Compliance with the Law of the Russian Federation "On
education" of the right of the Institution to independently develop an estimate for
rational use of extrabudgetary funds.
1.8. The parties agreed:
1.8.1. Based on articles 52 and 53 of the Labor Code of the Russian
Federation to provide in collective agreements specific forms
participation of employees (their representatives) in the management of the Establishment.
1.8.2. Provide for the allocation of extrabudgetary funds for
ensuring social protection of workers, determine the direction
the use of these funds with the participation of the trade union organization of the Institution.
1.8.3. In order to provide financial support to workers laid off in
due to downsizing or staffing, liquidation of the Institution or its
structural unit, provide for in collective agreements
the following measure of their social support:
Employees who, in accordance with the Law of the Russian Federation
"On Employment in the Russian Federation" at the suggestion of the authorities
employment service ahead of schedule assigned a pension, to produce a monthly
additional payment to the pension at the expense of the Institution in the amount of two minimum amounts
wages in the Russian Federation until the onset of age,
entitling to an old-age pension.
1.9. When conducting certification of pedagogical and managerial
employees of the Institution to be guided by the regulation on certification.
1.10. Facilitate and provide methodological assistance during the
regional competitions of pedagogical skills, as well as financial
assistance in organizing and conducting competitions.
2. Social partnership and coordination of actions of the Parties to the agreement
2.1. In order to develop and further deepen the social
partnership, the Parties undertake:
2.1.1. Establish on an equal and permanent basis a Commission for
regulation of social and labor relations, hereinafter referred to as the "Commission",
for collective bargaining, preparation of draft agreements and their
conclusion, development and approval of annual action plans for
implementation of this agreement, as well as for the implementation of the current
control over the implementation of this agreement.
The Commission has the right to give clarifications on the content and application
legal acts of social partnership concluded by the Parties.
The composition of the Commission and the term of its powers are determined by the Parties.
2.1.2. Conduct mutual consultations (negotiations) on issues
development and implementation of socio-economic policy, on issues
regulation of labor and other directly related relations,
ensuring guarantees of social and labor rights of employees of the Establishment and
other socially significant issues.
2.1.3. Ensure the participation of representatives of the other Party
of this treaty in the work of its governing bodies when considering
issues related to the fulfillment of obligations under this agreement;
provide the other Party with a complete, accurate and timely
information about decisions made affecting social and labor,
economic rights of workers.
a similar procedure for interaction in terms of providing complete,
reliable and timely information about decisions made,
affecting the social and labor, economic rights of employees.
2.1.4. Facilitate implementation in the Institution in cases where
provided for by the legislation of the Russian Federation, the establishment or
changes in working conditions and other socio-economic conditions
agreement with the relevant elected trade union body.
The parties shall promptly provide each other with the received
regulatory information on these matters.
2.1.5. Differences that arise during collective bargaining
to regulate in accordance with the procedure established by labor legislation
Russian Federation.
3. Labor relations
3.1. When regulating labor relations, the parties proceed from the fact that
3.1.1. An employment contract with employees is concluded for an indefinite period.
term. The conclusion of an employment contract for a fixed period of not more than five
years (fixed-term employment contract) is allowed in cases where labor
relationship cannot be established indefinitely given
the nature of the work to be done or the conditions under which it is to be carried out, and
cases stipulated by the legislation of the Russian Federation.
3.1.2. Employment contract for a fixed period of not more than five years
is concluded with pedagogical workers in higher educational institutions.
Conclusion of a fixed-term employment contract when filling positions of scientific and
teaching staff, with the exception of the positions of the dean of the faculty and
head of the department, preceded by a competitive selection.
Competitive selection of applicants is carried out in accordance with
Regulations on the procedure for filling positions of scientific and pedagogical
employees in a higher educational institution of the Russian Federation, approved
order of the Ministry of Education of the Russian Federation.
The positions of the dean of the faculty and the head of the department are
elected. The procedure for elections to these positions is determined by the Charter
educational institution.
terminations are determined in accordance with the Labor Code of the Russian
Federation.
The parties to the employment contract determine its terms, taking into account
the provisions of the relevant regulatory legal acts of the Russian
Federation, collective agreement, Charter and other local acts
institutions.
Conditions of an employment contract that reduce the level of rights and guarantees
employee, established by labor legislation, this contract,
other agreements and the collective agreement are invalid and
cannot be applied.
3.3. The employer is obliged when concluding an employment contract with
employee to acquaint him against signature with the Charter of the Institution, this
agreement, collective agreement, rules of internal labor
the order of the Institution and other local regulations,
operating in the Establishment and related to the labor function of the employee.
4. Pay and labor standards
4.1. The parties have agreed:
4.1.1. To make payment for employees of the Institution,
financed from the budget, on the basis of the Unified Tariff Scale (UTS) in
in accordance with the legislation of the Russian Federation and other
normative legal acts.
Tariff rate (salary) of the first category of the Unified tariff scale
determined by federal law.
determined by the Government of the Russian Federation.
4.1.3. Apply incentive and compensation payments (surcharges,
allowances, bonuses and others) in an Institution financed from the funds
federal budget, in the manner and under the conditions established
Government of the Russian Federation.
4.1.4. Monthly salary of a full-time worker
the norm of working hours determined for this period and who fulfilled the norms
labor (labor duties), cannot be lower than the established
federal minimum wage law.
4.1.5. The system of remuneration and incentives for work, including an increase in
wages for work at night, weekends and non-working holidays
days, overtime work and in other cases, is established
The employer, taking into account the opinion of the elected trade union body of the Institution.
The conditions of remuneration determined by the employment contract cannot
be worse than the conditions of remuneration established by
the legislation of the Russian Federation, other regulatory legal
acts, the collective agreement and this agreement.
4.1.6. Establishment of various bonus systems and other forms
stimulation of labor The employer carries out, taking into account the opinion of the elected
trade union body. These systems can also be installed
collective agreement, and in relation to individual employees - labor
contract.
4.1.7. Additional payments of a compensatory nature for the performance of work in
night work, overtime work, work on weekends and holidays,
established in the amounts provided for by the collective agreement,
employment contract, but not lower than the level established by the labor
the legislation of the Russian Federation.
4.1.8. Tariffication of work, the name of the professions of workers and
positions of other employees is carried out according to the current Unified Tariff
qualification directory of works and professions of workers and
Qualification directory of positions of managers, specialists and
employees, tariff and qualification characteristics approved in
established procedure for public sector organizations.
4.1.9. The employer pays wages evenly,
at least twice a month, with the obligatory issuance of pay slips in
the terms established by the collective agreement, and bears the personal
responsibility for violation of the specified terms.
5. Working time and rest time
5.1. In accordance with the legislation of the Russian Federation for
teaching staff of educational institutions is established
reduced hours of work no more than 36 hours per week
for one wage rate (official salary). Depending on the
positions and (or) specialties of teaching staff, taking into account
characteristics of their work, the specific duration of working hours
(norm of hours of pedagogical work for the wage rate)
regulated by the Decree of the Government of the Russian Federation dated
pedagogical work for the wage rate) pedagogical
employees of educational institutions.
5.2. Involvement of individual employees of the Institution to work in
weekends and holidays are allowed in exceptional cases,
provided for by labor legislation, with written consent
workers, taking into account the opinion of the elected trade union body of this
Institutions by written order (instruction) of the Employer.
Work on weekends and non-working holidays is not paid
less than double.
At the request of an employee who worked on a weekend or non-working
holiday, he may be granted another day of rest.
5.3. Provision of annual basic and additional
paid vacations are usually taken at the end of the academic year.
of the year during the summer period in accordance with the vacation schedule approved by
The employer, taking into account the opinion of the elected trade union body of the Institution,
not later than two weeks before the start of the calendar year, taking into account
the need to ensure the normal operation of the Institution and favorable
conditions for the rest of workers.
5.4. Splitting vacation, granting vacation in installments, transferring
vacation in whole or in part for another year, as well as a recall from vacation
allowed only with the consent of the employee. Vacation pay is not
later than three days before it starts.
5.5. Annual leave must be rescheduled
agreement between employees and employers in cases stipulated
legislation of the Russian Federation, including if employees
payment was not made on time during this vacation, or
employees were warned about the start time of the vacation later than two
weeks before it starts.
5.6. Establishment taking into account production and financial capabilities
may provide employees with additional paid leave for
account of available own funds, which are added to the annual
main vacation. Conditions of provision and duration of additional
paid holidays are stipulated in the collective agreement.
5.7. Employees may be granted paid leave
family circumstances (marriage registration or wedding of children, birth
child, caring for sick family members, death of family members and other
good reasons) on the terms provided for in the collective
contracts.
5.8. Teaching staff of an educational institution at least
than every 10 years of continuous teaching are eligible
for a long vacation for up to one year, the procedure and conditions
the provision of which is determined by the founder or the Charter
educational institution.
6. Social guarantees, benefits, compensations
6.1. The parties proceed from the fact that:
6.1.1. teaching staff, including those working for
part-time conditions or performing pedagogical work in the same
An institution without holding a full-time position, in addition to the main job, as well as
executives whose activities are related to educational
process, monthly monetary compensation must be paid for
providing them with book publishing products and periodicals in
the amount provided for by the legislation of the Russian Federation,
regardless of whether they are on vacation, on leave to care for
child until he reaches the age of three years, a period of temporary
disability and absence for other valid reasons, as well as
regardless of the study load.
6.2. Collective agreements should provide for
dismissal of employees for the first time due to retirement, regardless of
age, including disability groups 1 and 2, as well as
elected and full-time trade union workers payment at the expense of extrabudgetary
means of a one-time incentive for exceptionally conscientious work in
Institution.
6.3. The specific amount and procedure for paying a one-time incentive
are established in the collective agreement, taking into account financial possibilities
institutions.
6.4. The collective agreement of the Institution provides
the possibility of paying bonuses to employees in connection with anniversaries, and
after their retirement - every subsequent ____ years.
6.5. The specific amount and procedure for the payment of these bonuses, benefits
are established in the collective agreement of the Institution, but it cannot be
less than the minimum wage in the Russian Federation.
6.6. The collective agreement of the Institution provides for measures to
implementation of voluntary medical insurance for employees.
7. Conditions and labor protection
7.1. The parties have agreed:
7.1.1. Contribute to the creation of labor protection services in the Establishment, their
providing methodological aids.
7.1.2. Annually review reports on the state of labor protection,
industrial injuries and occupational diseases.
Institutions when establishing a disability group for an employee due to
accident at work at the expense of the Employer
a one-time disability benefit in the amount of not less than:
Group I - 0.75% of the annual earnings of this employee;
Group II - 0.5% of the annual earnings of this employee;
Group III - 0.25% of the annual earnings of this employee, excluding
the sum of the lump-sum insurance payment to the victim, provided for
Article 11 of the Federal Law "On compulsory social insurance against
accidents and occupational diseases.
7.2. Employer:
7.2.1. Carries out at the expense of the Institution and fund of social
insurance training and certification of employees on the knowledge of standards,
rules on labor protection and environmental safety.
7.2.2. Provides, at the expense of the Institution, the mandatory
preliminary (when applying for a job) and periodic medical
examinations (examinations) of employees, as well as extraordinary medical
inspections (examinations) of employees at their request in accordance with
(positions) and average earnings at the time of passing the specified
medical checkups.
7.2.3. Provides unhindered access to representatives of authorities
trade union control, including legal and technical labor inspection
To conduct inspections of working conditions and labor protection in
Establishment and investigation of accidents and professional
diseases.
7.2.4. Involves representatives of the trade union body (technical
labor inspectorate) to participate in the commissions for the acceptance of objects upon completion
construction of facilities for the Institution.
7.2.5. Provides funding sources for this contract.
7.2.6. Provides employees with transparency of ongoing
socio-economic policy in the Institution.
7.2.7. Takes all necessary measures to create working conditions,
meeting the requirements of labor protection.
7.2.8. In accordance with the current legislation of the Russian
The Federation shall take measures against the official through whose fault
or the terms of this agreement, collective agreements and
agreements.
7.3. Trade union organization:
7.3.1. Provides the Institution with methodological assistance in the implementation of their
protective functions to create healthy and safe working conditions;
provides trade union committees with the necessary legal and regulatory
documentation, keeps records of the results of their survey activities
the state of labor protection in the Establishment, organizes and conducts seminars
Technical Labor Inspectorate, coordinates sectoral legal and regulatory
7.3.2. By the forces of the technical labor inspectorate and trade union activists
provides practical assistance to trade union committees in the implementation of public
control over working conditions and labor protection, analysis of the state
industrial injuries, occupational diseases.
7.3.3. Monitors the health and safety conditions and
the performance by the Authority of its obligations under Article 25
Federal Law "On trade unions, their rights and guarantees
activities".
7.3.4. Participates in commissions for attestation of workplaces under the conditions
labor upon acceptance of the Institution for the new academic year, brings to the attention
working information about the presence of harmful and dangerous factors, the severity and
intensity of the labor process, controls the implementation of measures to
improvement of working conditions.
7.3.5. Ensures the implementation of the employee's right to keep
places of work (positions) and average earnings at the time of suspension of work
in the Establishment or directly at the workplace due to a violation
legislation of the Russian Federation on labor protection, regulatory
labor protection requirements through no fault of the employee.
7.3.6. Contributes to the formation and organization of activities
joint committees (commissions) on labor protection in institutions.
7.3.7. Ensures the election of authorized (trusted) persons by
labor protection of trade union committees of Institutions, organizes their training at the expense of
Social Insurance Fund and assists in their work on
implementation of public control over the state of labor protection, fire
and environmental safety.
7.3.8. Contributes to the effective work of the Institution and mobilization
of the labor collective for the implementation of agreed activities,
aimed at overcoming emerging socio-economic problems,
and reduce social tension.
7.3.9. Carries out explanatory work in the labor collective and
mass media about the state of affairs in educational
institutions and social partnership, on the rights and obligations of employees.
8. Social sphere
8.1. Sides:
8.1.1. Strive to attract funds from the state fund
social insurance of the Russian Federation for the improvement of workers
and ensure the effective use of this fund for
health resort treatment and benefits for employees and members
camps, rest houses, sports bases, conservation and development of facilities
socio-cultural sphere, as well as the allocation of at least _% from extrabudgetary
funds of the Institution for the improvement of employees.
Concrete measures in these areas are fixed in the collective
contract of the institution.
8.2. The Parties proceed from the fact that the Employer:
8.2.1. Carries out activities for the organization of recreation, sanatorium
resort treatment of employees, recreation and health improvement of employees' children.
9. Guarantees of the rights of trade union organizations
9.1. Rights and guarantees of the activities of the primary trade union body
determined by the Federal Law "On trade unions, rights and
guarantees of their activities", other legislative acts of the Russian
Federation, Charter of the Russian Trade Union of Workers
educational institutions.
9.2. Employer:
9.2.1. Provides in accordance with Article 28 of the Federal
Law "On trade unions, their rights and guarantees of activities" in
gratuitous use of the elected trade union body of the Institution,
regardless of the number of employees, the necessary premises (at least
one room) that meets sanitary and hygienic requirements,
provided with heating and lighting, equipment necessary for
work of the elected trade union body and holding meetings of workers,
vehicles and communications, provides security and cleaning
allocated premises and creates other conditions to ensure
activities of an elected trade union body in cases provided for
collective agreement.
9.2.2. Does not prevent representatives of elected trade union bodies
in visiting the departments of the Institution where members of the trade union work, for
implementation of statutory tasks and provided by the legislation of the Russian
Federation of Rights.
9.2.3. Provides, at the request of the trade union body, the necessary
normative and legal documents, information, information and explanations on
issues of conditions and labor protection, wages, housing
services, work of catering establishments, conditions
residence of employees in a hostel and other socio-economic
questions.
9.2.4. Carries out with the written consent of employees who are
members of the trade union, as well as other workers - not members of the trade union, on
covered by the collective agreement, monthly
deduction of trade union membership dues and non-cash transfer of them
through the accounting department from the current account of the Institution to the current account
trade union organization.
The transfer of funds is made in full and
along with the payment of wages.
9.2.5. Assists trade unions in the use
information systems to widely publicize their protection activities
social and labor rights and professional interests of employees
education.
9.2.6. Transfers to the account of the trade union organization of the Institution
funds for the implementation of socio-cultural, physical culture
health and other work. Specific amounts of deductions
established by collective agreement.
9.3. The Parties recognize the guarantees of employees elected
(delegated) to the trade union bodies and not exempt from
main work, enshrined in Article 25 of the Federal Law "On
trade unions, their rights, guarantees of activity".
9.4. Members of the elected trade union body authorized by the trade union
on labor protection and social insurance, representatives of the trade union
organizations in joint ventures with employers created at the Institution
commissions are released from the main work with the preservation of the average
earnings for the performance of public duties in the interests of the team
employees and for the duration of short-term trade union training on the terms
stipulated by law, collective agreement.
9.5. Members of an elected trade union body who are not exempt from
main work in the Establishment, in the positions of professors
teaching staff, under the conditions specified in the collective
contract, the teaching load can be reduced.
9.6. The Parties recognize the guarantees of exempt workers elected
(delegated) to the trade union body referred to in article 26
Federal Law "On trade unions, their rights, guarantees
activities".
9.7. At the end of the term of office in the elective
trade union body and the expiration of the qualification
powers or within six months after their expiration), employees under
their application, the period of validity of the qualification category is extended for
period before passing the certification in the prescribed manner.
9.8. Work in the elective position of the chairman of the trade union
organization and as part of an elected trade union body is recognized as significant
for the activities of the Institution and is taken into account when encouraging
employees, their certification, in the competitive selection for the replacement of scientific and
teaching positions.
10. Obligations of the trade union organization
10.1. Trade union organization:
10.1.1. Assists the Employer in the implementation of this agreement.
10.1.2. Carries out work to protect economic and professional
interests of employees, provides, if necessary, free legal
10.1.3. Submits proposals to the relevant state bodies
authorities on the adoption of regulatory legal acts on economic and
social protection of workers.
10.1.4. Carries out in accordance with the legislation of the Russian
Federation public control over the state of labor protection in
general education institution, participates on a parity basis with
administration of the Institution in the work of committees (commissions) on labor protection.
10.1.5. Takes measures to prevent labor conflicts
issues included in this agreement, subject to their implementation.
10.1.6. Participates in the development and harmonization of norms and rules for
labor protection, safety measures, programs for labor protection, life and
workers' health.
10.1.7. Records and analyzes injuries in
general education institution.
10.1.8. Participates in the work of state commissions for the acceptance of
operation of industrial and socio-cultural facilities
destination.
10.1.9. Participates in the work of commissions conducting complex
surveys of the Institution and their subdivisions on labor protection and
health, certification of workplaces.
10.1.10. Represents injured workers
investigation of accidents at work and professional
diseases.
10.1.11. Provides practical assistance to trade union members in
realization of their right to safe and healthy working conditions, social
benefits and compensation for work in special working conditions, represents them
interests in public authorities, in court.
10.1.12. Prepares proposals aimed at improving the work on
labor protection, health and the environment.
10.1.13. Provides necessary advice to employees
issues of labor protection, health and environment.
10.1.14. Supervises compliance with labor
legislation of the Russian Federation and other regulatory legal acts,
contract.
10.1.15. Controls the targeted spending of funds by the employer on
labor protection, social protection and health improvement of employees and their members
10.1.16. Assists trade union committees in organizing
public control over labor protection, training
authorized persons and members of commissions (committees) for labor protection.
11. Control over the fulfillment of obligations under the contract
11.1. Control over the implementation of this agreement is carried out
The employer, the trade union organization and the established commission. Functions
control over the implementation of this agreement at the appropriate levels
carried out by the administration of the Institution and the relevant elected
trade union bodies.
11.2. The Commission reviews the implementation of this agreement,
shall hear, at its meetings, reports on this matter from the representatives
employer, Institution, their branches with the participation of representatives
relevant elected trade union bodies, organizes regular
inspections with departure to the Institution.
11.3. Progress in the implementation of the provisions of this agreement for the six months and
the results of its implementation for the year are considered at a joint meeting
employee and employer representatives.
12. Final provisions
12.1. This Agreement shall enter into force on the date of its signing and
12.2. None of the Parties to this Agreement shall have the right to
within the prescribed period of its validity unilaterally
change or terminate the fulfillment of the obligations assumed.
12.3. By mutual agreement of the Parties, this Agreement may
be extended, amended, supplemented or terminated early.
12.4. Interpretation of the provisions of this agreement and clarifications on
issues of application of its individual provisions are carried out on a mutual
the consent of the Parties. Clarifications on the application of this agreement,
given unilaterally by employers or the Trade Union
organization have no legal effect. Changes made and
additions, as well as the text of clarifications, are drawn up in an appendix to
this agreement and are its integral part and are brought to
information from employees, trade unions and employers.
12.5. Collective labor disputes arising in the Institution
(conflicts) to fulfill the obligations specified in this agreement,
are permitted in accordance with the legislation of the Russian Federation.
12.6. The parties undertake to discuss the issue of extending the period of validity
or on the conclusion of a new contract no later than 3 months before the end of
the term of this agreement. The party receiving the written
notification, is obliged to start negotiations within 7 days.
12.7. This Agreement is signed in two original copies on
Russian - one copy for each of the Parties, both
copies have the same legal force.
Employer Trade union organization
_______________ _______________ ______________ __________________
(signature) (full name) (signature) (full name)
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