In what cases is a protocol drawn up?
The document is drawn up if it is planned to hold a general meeting of the labor collective and record its decisions on any issues. Most often, workers' representatives are trade unions, but they are not always formed; this is a workers' right, not an obligation. Meanwhile, according to the Labor Code of the Russian Federation, the employer is obliged to interact with workers: for example, when resolving collective disputes by a conciliation commission (representatives of workers must necessarily participate in it) or when developing and amending a collective agreement.
It is recommended to start planning an event with the formulation of goals, and the following topics can be proposed for meetings of the workforce:
- resolution of disputes at various levels;
- acceptance of local documents or changes to them;
- selection and approval of candidates for the title of representatives speaking on behalf of employees;
- bringing information about innovations to workers.
What is a collective labor agreement?
Speakers: storekeeper D.S. Zaikin, who spoke in favor of adopting the agenda in the proposed version.
The final decision is made by an overwhelming majority of half of the voters. Such meetings are relevant not only in production, but also, for example, in educational institutions.
Expert opinion
Davydov Alexander Yurievich
Civil law consultant with 20 years of practice. Author of numerous articles on legal topics
The general meeting of the Gymnasium’s labor collective meets as needed, but at least twice a year. The labor collective consists of all employees of the Gymnasium.
The powers of the Gymnasium labor collective are exercised by a general meeting of the labor collective. The general meeting of the labor collective is considered valid if at least two-thirds of the payroll of the Gymnasium employees is present.
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The head of the preschool educational institution No. 9 spoke about the organization of work on the safety of employees and students in the preschool educational institution.
In the article we will talk about how to correctly draw up this protocol and offer a sample that is guaranteed to be suitable for use. The general work collective is carried out in relation to events and activities that are significant for all employees in order to identify existing problems, resolve disagreements, force the employer to comply with internal regulations adopted at the enterprise, etc.
Office work at any enterprise (organization) involves the creation, correct execution and recording of the necessary documents. This function is usually assigned to the secretary or one of the personnel department employees.
Among other papers, the protocol is considered one of the most important organizational and administrative documents. How and why is it compiled?
If the first sheet is missing, then the enterprise data is located longitudinally relative to the top sheet of paper in the center.
The proposed requirements for the employer to comply with clause 1.5 of the collective agreement regarding the accrual of additional incentive payments to employees who have worked at the enterprise for more than 10 years should be accepted in their original wording.
According to Art. To select a single representative of the entire workforce, it is necessary to hold a meeting of team members.
It is advisable that all representatives and employees of the company be present at the meeting. The work collective consists of all employees of the institution.
The labor collective has its powers, which are exercised during its full meeting.
Ask a lawyer Agreements by groups Agreements by tags Quote for centuries They not only shoot sparrows from a cannon, but also do not hit the sparrows. (R. Fisher) © 2021 All-documents.ru.
Election of delegates to the Conference of the labor collective of BTI AltSTU on 10/05/2012 to elect a representative body for conducting collective bargaining on behalf of all workers, developing a draft collective agreement, preparing and holding a conference of the labor collective to conclude a collective agreement for 2012 - 2014.
I.O.) On the third issue the following spoke: ________________________________________ Resolved: 1.
Head of HR Department Markova T.D. — proposed to elect the proposed candidates as representatives of the labor collective for negotiations.
Expert opinion
Davydov Alexander Yurievich
Civil law consultant with 20 years of practice. Author of numerous articles on legal topics
Land shares are provided free of charge at the level of the average regional land share, regardless of the labor contribution of a particular person. 2.
Head of HR Department Markova T.D. — invited workers to nominate employee representatives for collective bargaining.
At a predetermined time, workers gather in a designated place, and the chairman and secretary of the meeting must be present among them. The first usually manages the course of the event, the second records everything that happens in writing in a special protocol and counts votes during voting.
The workforce must hold a meeting at least once a year or when necessary. The meeting is considered to have taken place when more than half of the team members are present.
The resolution of an issue raised at a team meeting is considered approved if more than half of the workers in the institution voted for it.
On the work to post information on the implementation of anti-corruption measures on the website of the municipal educational institution “Children and Youth Center” on the Internet.
Typically, such meetings are held in large organizations with an extensive network of structural units and a large number of employees. Small businesses, as a rule, do without such formalities.
In order for the team to make a decision on any pressing issue, it is necessary to gather it in one place and bring this issue up for discussion.
Sometimes at enterprises there are regulations for holding meetings that relate to the work of not just one collegial body, but any collegial activity.
Petrova A.A. was elected chairman of the meeting, Sidorova V.V. was elected secretary of the meeting. Agenda: 1. Participation in collective bargaining.
A. labor protection engineer. Software engineer Sinitsyn G.V. - proposed the candidacy of E.N. Fedorov.
On the first issue the following spoke: _______________________________________ Resolved: 1.
In case of failure to comply with the provisions of the collective agreement, both parties may be fined in accordance with Articles 54 and 55 of the Labor Code of the Russian Federation.
Decisions are made based on open voting. In order for issues to be considered, they are put on the agenda. In order to give this fact legal force, the meeting process is drawn up in the form of a document.
Head of HR Department Markova T.D. — proposed to elect the proposed candidates as representatives of the labor collective for negotiations.
In addition, a protocol can be drawn up by one official during the implementation of administrative functions - a traffic accident protocol, a detention protocol, etc. Each of these types of protocol has a corresponding standard form.
Here are selected samples of real court decisions that were made as a result of consideration of specific legal disputes.
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Filonenko N.V., chairman of the trade union committee of the Municipal Educational Institution Youth and Youth Center. She spoke about the need to strengthen the responsibility of teaching staff for unlawful decisions made within the framework of teaching activities.
The protocol can be drawn up in any form: on a simple standard A4 sheet or on the organization’s letterhead, both printed and handwritten. The main condition: it must contain “live” autographs of the chairman of the meeting and the secretary, which thus certify the fact that all the information entered into it is correct.
Procedural issues
Before carrying out, decide how many people are needed at the meeting and during voting to make a decision of the labor collective. This issue is not defined by law. Thus, the answer is the following: either the amount specified in local acts, or the majority.
You should also select a secretary for the event in advance. Such a decision is reflected in the local regulations of the organization or in the protocol itself, or the responsible employee is determined in advance for a number of collective gatherings for the current year, for example. Usually they choose an employee with experience working with documents: a HR specialist, an accountant, etc., who know how to formalize a meeting of the workforce correctly and how to store the document. Storage is necessary to confirm the legality of decisions made and the powers of representatives.
The protocol is drawn up either according to the norms of local acts, or in accordance with general provisions on document flow in such a way that the essence of the document and the decisions made are clear from it.
trade union organization FGUZ TsGiE No. 000 FMBA of Russia
Federal Medical and Biological Agency
Federal State Health Institution
Center for Hygiene and Epidemiology No. 000
In accordance with the work plan of the Federal State Health Institution Central Hygiene and Epidemiology No. 000 of the FMBA of Russia for 2009.
1. To set a general meeting of the labor collective and trade union organization of the Federal State Budgetary Institution TsGiE No. 000 of the FMBA of Russia on April 3, 2009.
2. Approve the agenda of the meeting (Appendix 1).
3. The Chief Doctor of the Branch shall send authorized representatives of the Branch’s labor collective to participate in the general meeting of the Institution’s labor collective, arriving in person together with the senior employees of the Branch.
4. To the head of the department of information technology, statistics and monitoring:
Send a request to KB No. 000 named after. on the provision of premises and multimedia equipment for holding a general meeting of the workforce;
5. The secretary-referent should familiarize himself with the order against the signature of the persons involved, and send the order and agenda to the Branch by fax.
6. I reserve control over the execution of this order.
Federal Medical and Biological Agency
Federal State Health Institution
Center for Hygiene and Epidemiology No. 000
Agenda of the general meeting
labor collective and trade union organization
FGUZ TsGiE No. 000 FMBA of Russia
1. Information about the report of the Head of the FMBA of Russia at the expanded board of the FMBA of Russia on March 18, 2009 “On the results of the activities of the FMBA of Russia in 2008 and tasks for the medium term.”
2. Information about the report of the Deputy Head of the FMBA of Russia - at the selection meeting of the expanded board of the FMBA of Russia on March 19, 2009 “Results of the activities of territorial bodies and centers of hygiene and epidemiology of the FMBA of Russia in 2008 and the main tasks for the period until 2012.”
3. Report on the topic: “Results of the activities of Federal State Institution Central State Hygiene and Epidemiology No. 000 FMBA of Russia in 2008 and the main tasks for 2009.”
4. Discussion of heard reports and messages, interactive communication (questions and answers, adoption of the Meeting Decision).
5. Elections of a representative body of the labor collective.
6. Information on the topic: “About the Collective Agreement, Regulations on bonuses and other annexes to the Collective Agreement”
7. Discussion of the Collective Agreement, Regulations on Bonuses and other annexes to the Collective Agreement, interactive communication (questions and answers, suggestions, additions, comments, making a Decision).
8. Report of the chairman of the trade union bureau of the FGUZ TsGiE No. 000 of the FMBA of Russia “On the results of the activities of the trade union bureau of the FGUZ TsGiE No. 000 of the FMBA of Russia for the period from 2006 to 2008.”
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Speaker: Chairman of the Trade Union Bureau.
9. Discussion of the report of the chairman of the trade union bureau, adoption of a Decision, election of a new composition of the trade union bureau for 2009 - 2011.
Introductory part
Here you need to indicate:
- Business name;
- the exact date of the event;
- location;
- the number of those present, what percentage they make up of the payroll.
Main part
Pay special attention to the design of this part. It is advisable to reflect in detail all the issues on the agenda, decisions made, and voting results. The wording does not have to comply with the law, the main thing is clarity and unambiguity. The agenda is written item by item, usually beginning with the election of a chairman and secretary, if they have not been chosen previously. Then it is discussed and proposals are collected. Then a vote is taken separately on each issue, and information is entered into the protocol how many employees voted “for” and how many “against”. It is advisable to indicate the result.
