1. General provisions
1.1. This Industry Tariff Agreement in the housing and communal services of the Russian Federation (hereinafter referred to as the Agreement or OTS) was concluded in accordance with the current legislation of the Russian Federation.
1.2. This Agreement is a legal act regulating social and labor relations and establishing general principles for regulating related economic relations between authorized representatives of employees and employers of Organizations covered by the Agreement, regardless of the forms of ownership of the Organizations, general conditions remuneration, labor guarantees and benefits for employees, as well as defining the rights, duties and responsibilities of the parties social partnership. The agreement is aimed at improving the system of relationships and coordination of interests between employees, government bodies, local governments, employers on the regulation of social, labor and other related economic relations in the housing and communal spheres, as well as increasing the efficiency of housing and communal services organizations economy (hereinafter referred to as the Organization), for the implementation of socio-economic, labor rights and legitimate interests of workers in this industry.
1.3. Housing and communal services is a type of economic activity aimed at ensuring the livelihoods of the population, creating comfortable living conditions for citizens in their homes and in landscaped areas; Housing and communal services include types of activities, services, works, named in the qualification characteristics of types of activities in Order of the Ministry of Construction of Russia dated April 27, 2016 No. 286/pr. “On approval of collective classification groups of the housing and communal services industry” (A complete list of Organizations by type of economic activity, services and work in the housing and communal services sector is provided in and to this GTS).
1.4. Housing and communal services organizations are legal entities carrying out the types of economic activities, services, and work specified in and to this Agreement. These Housing and Communal Services Organizations are subject to the Agreement if they join the Agreement in the manner prescribed by current legislation and this Agreement.
1.5. Goals and objectives of the Agreement:
Promoting the reform and modernization of the country’s housing and communal services, maintaining social stability in industry organizations;
Establishment and implementation of social and labor guarantees for employees of Organizations; creating conditions and mechanisms that facilitate the implementation of labor legislation of the Russian Federation in Organizations;
Involvement of employees in the management of the Organization;
Increasing the competitiveness of the Organization, professionalism and qualifications of employees, securing a qualified workforce;
Development of social partnership, initiatives and competitions in labor collectives Organizations;
Ensuring the interests of the parties to social partnerships in the industry when setting tariffs for housing and communal services, as well as ensuring the interests of organizations carrying out unregulated activities.
In accordance with the social projects of the Russian Federation “Revenues of the state treasury”, “People’s control”, “Personnel for the national economy”, “Quality Mark “Made in Russia”, “For a high social standard”, “Care”, “For decent wages” ", as well as the requirements of the Federal Law "On Independent Assessment of Qualifications" No. 283-FZ of July 3, 2016. and Decree of the Government of the Russian Federation dated June 27, 2016 No. 584 “On the application professional standards in terms of requirements mandatory for application by state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state-owned companies and business entities, more than fifty percent of the shares (stakes) in the authorized capital of which are state-owned or municipal property" The Parties to the Agreement participate in solving the following tasks:
Creation and development of an industry-wide system for assessing professional qualifications;
Implementation of professional and public accreditation educational programs educational institutions for compliance with their industry professional standards;
Formation optimal quality the composition and number of labor resources necessary for the development of housing and communal services;
Creating conditions for increasing the level and quality of social guarantees for housing and communal services workers, including by attracting socially responsible businesses and other non-state sources of financing;
Increasing the efficiency of functioning of industry organizations, including increasing labor productivity at the proper level of its quality, the effectiveness of adopted management decisions and implemented production and investment programs, which are the main factors in maintaining a decent level of wages and the possibility of their growth and guarantees of payment of compensation;
Raising the prestige of the industry, attracting and retaining qualified workers in accordance with the requirements of professional standards;
Formation of justified, transparent and understandable mechanisms for differentiating the levels of regulation of social and labor relations in various Organizations, taking into account their financial capabilities, the situation in regional labor markets, and the degree of development industrial relations in the system of social partnership at the local level; ensuring the interests of the parties to social partnership in Organizations when setting prices (tariffs) for products, works and services of Industry Organizations;
Promoting increased efficiency of Organizations' activities based on the implementation of current legislation and regulatory and technical requirements, implementation effective systems management.
1.6. This Agreement is concluded between employers and employees of Organizations represented by their authorized representatives (parties):
All-Russian industry association of employers in the sphere of life support "OOOR ZhKK", created in accordance with the norms of the federal law dated November 27, 2002 No. 156-FZ "On Employers' Associations" (as amended by Federal Laws dated July 2, 2013 No. 185-FZ, dated November 24, 2014 No. 358-FZ, dated November 28, 2015 No. 355-FZ), operating on the basis of the Charter of the LLC LLC ZhKK, OGRN No. 1167700069790 dated November 1, 2016 and registered by the Ministry of Justice of Russia (account No. 7714120011 dated November 9, 2016);
From workers - the All-Russian Trade Union of Life Support Workers (hereinafter referred to as the Life Support Trade Union), operating on the basis of the Federal Law of January 12, 1996 No. 10-FZ “On Trade Unions, Their Rights and Guarantees of Operations”, the Charter of the Life Support Trade Union (registered on August 26, 2010 with the Ministry of Justice Russia (account number 0012110145), certificate No. 278, state register No. 1037739338450 dated January 31, 2003).
1.7. Direct regulation of social and labor relations in Organizations is carried out on the basis of collective agreements concluded in accordance with this Agreement by the parties to the social partnership of the Organizations. If a collective agreement is concluded in the Organization on the basis of this Agreement, the provisions of the Agreement apply to the parties to the social partnership of the Organization in full. Collective agreements concluded in Organizations, as well as regional TSBs, must comply with the legislation of the Russian Federation and this Agreement.
1.8. The Agreement is mandatory for use when concluding collective agreements, regional industry agreements and individual labor contracts for the Organizations to which it applies. Collective agreements in Organizations cannot include conditions that worsen the situation of employees in comparison with the conditions provided for in this Agreement. This Agreement does not limit the rights of Organizations to expand social guarantees for employees at their own expense.
If there is no collective agreement in the Organization, this Agreement has direct action.
1.9. In accordance with the legislation of the Russian Federation, the expenses of employers provided for by this Agreement are taken into account by the federal executive authorities of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, including authorities in the field government regulation tariffs for water supply, gas supply, electricity, thermal energy, local government bodies when establishing regulated tariffs for housing and communal services, as well as for corresponding services provided by organizations engaged in unregulated activities.
If regulatory authorities establish tariffs for water supply, gas supply, electricity and heat energy, and other housing and communal services without taking into account the expenses of employers provided for in this Agreement, employers have the right to adjust labor costs taking into account existing regional agreements, collective agreements and local regulations acts of Organizations. At the same time, the employer must ensure the level of minimum wage for an employee who has fully worked during this period of working hours and fulfilled labor standards (job duties) is not lower than the minimum wage established by the regional agreement on the minimum wage.
1.10. Organizations in accordance with this Agreement, in order to improve qualifications and protect the rights of workers in the Industry, organize the assessment and assignment of professional qualifications of workers in the manner established by the Council By professional qualifications in housing and communal services, in accordance with the norms of labor legislation of the Russian Federation, as well as the requirements of the Federal Law “On Independent Assessment of Qualifications” No. 283-FZ dated July 3, 2016 and Decree of the Government of the Russian Federation dated June 27, 2016 No. 584 “ On the application of professional standards in terms of requirements mandatory for application by state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state companies and business entities, more than fifty percent of shares (shares) in the authorized capital of which is in state or municipal ownership."
1.11. Laws and other regulations legal acts, adopted during the period of validity of the Agreement, improving the socio-economic situation of workers, complement the effect of the relevant provisions of the Agreement from the moment of their entry into force.
1.12. In cases where several Agreements apply to employees at the same time, the terms of the Agreements that are most favorable for the employees are applied.
1.13. This Agreement comes into force on January 1, 2017 and is valid until December 31, 2019 inclusive.
2. Remuneration
2.1. System of payment and incentives for labor, additional payments and bonuses of a compensatory nature (for work at night, weekends and non-working days) holidays, overtime work and in other cases) are established directly in Organizations in accordance with agreements, collective agreements, and local regulations.
2.2. Employers provide:
a) remuneration of employees in accordance with professional qualifications, complexity of the work performed (professional standards), quantity and quality of labor expended, in accordance with this Agreement;
b) tariffication of work and assignment of professional qualifications to workers, specialists and employees according to the current Unified Tariff and Qualification Directory of Work and Professions of Workers, Tariff and Qualification Directory of Work and Professions of Workers in Housing and Communal Services, Qualification Directory of Positions of Managers, Specialists and Employees and/or professional standards, taking into account the qualification level of employees (The list of professional standards approved in accordance with current legislation is given in this Agreement).
c) adoption of local regulations relating to payment and working conditions, taking into account the opinion of the elected trade union body of employees of Organizations, as well as timely provision of information to employees about the applicable payment conditions;
d) timely conclusion of collective agreements, improvement of standardization and working conditions.
2.3. The minimum monthly wage rate for first-class workers who have fully worked their working hours and fulfilled their labor duties (labor standards) is established in accordance with this Agreement and cannot be less than minimum size wages established by current legislation.
2.3.1. In the event of a discrepancy between the date of establishment of the minimum monthly tariff rate for first-class workers provided for by this Agreement and the date of change in the actual level of tariffs for gas, electricity, heat energy, water supply and sewerage, in accordance with the decision of the Government of the Russian Federation, the employer has the right to synchronize the date of establishment of the minimum monthly tariff rate of a first-class worker with the date of change in the actual tariff level.
2.3.2. Depending on the financial and economic condition of the Organization, the employer has the right to establish a minimum monthly tariff rate in the Organization in an amount exceeding the amount provided for in this paragraph.
2.3.3. The size of the minimum monthly wage rate is the basis for the annual (quarterly) indexation of the wage fund and differentiation of wages for all professional and qualification groups of workers, taking into account the existing industry proportions in wage levels.
If the employer does not have funds to increase wages, the indexation of the wage fund is carried out from July 1 of this year simultaneously with an increase in tariffs for the services provided, based on the size of the minimum monthly tariff rate for a first-class worker, established according to the consumer price index for goods and services for the past quarter.
2.3.4. In order to improve qualifications and protect the rights of industry workers, the employer has the right to organize the assessment and assignment of professional qualifications of workers, as well as the determination of the appropriate tariffs in the manner established by the Council for Professional Qualifications in Housing and Communal Services, in accordance with the norms of labor legislation of the Russian Federation. At the request of the employer or primary trade union organization, any of the parties to the Agreement has the right to send recommendations on tariff schedules and tariff coefficients agreed upon by the parties. Recommended tariff schedule for billing labor activity workers and the creation of a remuneration system in the organization for 2017-2019 is given in.
2.4. The minimum monthly wage rate for a first-class worker is specified by the parties based on the results of the year and is established in accordance with the consumer price index in the Russian Federation based on data from the Federal Service state statistics.
If regional agreements or collective agreements of Organizations provide for the indexation of the minimum monthly tariff rate for a first-class worker quarterly, then its size can be established in accordance with the recommendations of the Housing and Communal Services LLC and the Life Support Trade Union, adopted on the basis of consumer price indices for goods and services for the past quarter, determined by the Federal State Statistics Service.
If the amount of indexation of the minimum monthly tariff rate for workers of the first category, in tariffs for gas, electricity, heat energy, water supply and sanitation, is established, in accordance with the decision of the Government of the Russian Federation, in a different amount from the consumer price index in the Russian Federation, the employer has the right to challenge the level indexation at the level specified in the tariffs. If the Organization’s own funds are insufficient to fulfill such requirements, the elected trade union body and the employer protocolly approve the agreed deadline for fulfillment this provision OTS.
2.5. Organizations independently establish a system of bonuses for employees, which, as a rule, takes into account in aggregate:
a) production efficiency and improvement of financial and economic results;
b) no accidents or increase in incidents in the reporting year compared to the previous calendar year;
c) no increase in injuries in the reporting year compared to the previous calendar year;
d) absence of fatal accidents at work;
e) timely receipt of the Organization’s readiness passport for the autumn-winter period;
f) absence of violations of production discipline, labor protection and safety regulations;
g) participation in public work and management of the Organization (Article 52, Article 53, Article 46, Article 41, Article 165 of the Labor Code of the Russian Federation).
h) availability of a level of qualification confirmed by a Certificate of Professional Qualification;
i) participation in professional skills competitions.
At the same time, the average monthly salary and remuneration of managers should not exceed eight times the corresponding average monthly salary and benefits for the Organization’s employees.
2.6. Payment for downtime through no fault of the employee is made in the amount provided for by the legislation of the Russian Federation.
If there are financial opportunities, the Organization may provide for payment for downtime through no fault of the employee in the amount of his average monthly salary.
2.7. Employers' expenses for remuneration of employees and other expenses related to labor relations, for inclusion in tariffs, are formed taking into account:
a) expenses (funds) for labor costs;
b) other expenses associated with the production and sale of products and services;
c) costs associated with fulfilling the terms of this Agreement;
d) expenses provided for by other documents regulating relations between employers and employees.
2.8. Expenses (funds) allocated for wages are calculated based on the standard number of employees, taking into account the standard number of newly introduced facilities, and include:
2.8.1. The tariff component of expenses (funds) allocated for wages, which is calculated based on the amount of monthly tariff rates (official salaries).
2.8.2. Compensatory and incentive payments (compensations, bonuses for employees, additional payments, allowances and other payments) included in the funds for remuneration of employees are established by collective agreements, local regulations Organizations include:
2.8.2.1 additional payments (allowances) to tariff rates and official salaries of an stimulating and (or) compensating nature related to the work schedule and working conditions - in the amount of at least 12.5 percent of the tariff component of expenses (funds) allocated for wages. This category includes the following additional payments (allowances), payments and benefits:
a) for night work - in the amount of 40 percent of the hourly tariff rate (official salary) for each hour of work;
b) for working with harmful and (or) dangerous conditions labor - based on the results of a special assessment of working conditions, but not less than 4% of the employee’s rate (salary);
c) for work with a 40-hour work week for employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or dangerous working conditions in the amount, manner and under the conditions established by the collective agreement of the Organization; compensation for additional paid leave in excess of 7 calendar days is made in amounts not lower than for days of unused leave;
d) for the traveling nature of the work;
e) for combining professions (positions), expanding service areas or increasing the volume of work performed (for high intensity and intensity of work), performing the duties of a temporarily absent employee without release from his main job are established by agreement of the parties to the employment contract, but not less than 20 percent of the tariff rates (official salary) for the main job;
f) for work on weekends and non-working holidays - no less than double the amount;
g) for overtime work - no less than double the amount or provision of additional rest time, but not less than the time worked overtime;
h) for the management of a team by foremen from among the workers, work producers who are not exempt from their main work - in an amount, depending on the number of people in the team, of at least 10% of the tariff rate (or a fixed amount);
i) additional payment for work according to a schedule with the shift divided into parts - in the amount of at least 30 percent of the tariff rate for the time worked in the shift;
j) in the case of cumulative accounting of working time, remuneration for work on a day off and a non-working holiday in excess of the work schedule of a particular employee is double the amount or, at the employee’s request, another day of rest is provided;
k) payment of time for shift acceptance by employees of Organizations working on equipment operated in non-stop mode;
The specific duration of time and the procedure for its payment are established directly in the Organizations;
l) other payments related to working hours and working conditions, provided for by local regulations, collective agreements, employment contracts which the employer has the right to attribute to labor costs on the basis of the legislation of the Russian Federation;
2.8.2.2. Compensatory payments for work outside the place of permanent residence or in areas with special climatic conditions, carried out in accordance with the legislation of the Russian Federation:
a) allowances for shift work (in Organizations where it is used);
b) payments related to the provision of guarantees and compensation to employees working in the Far North and equivalent areas, including:
Payments by regional coefficients and coefficients for work in difficult natural and climatic conditions in an amount not lower than that established by the legislation of the Russian Federation;
Percentage allowances on all wages for continuous experience work in the Far North and other areas with difficult natural and climatic conditions in an amount not lower than that established by the legislation of the Russian Federation;
Expenses for travel of employees and persons supported by these employees to the place of use of vacation on the territory of the Russian Federation and back (including expenses for transportation of luggage of employees of organizations located in the regions of the Far North and equivalent areas) in accordance with the procedure approved by the Organization;
Other compensation payments related to work in special climatic conditions and provided for by the legislation of the Russian Federation.
2.8.2.3 additional payments (allowances) of an incentive nature, the amount and procedure for establishing which are determined directly by the Organization, including:
a) personal bonuses to workers for professional skills, increased qualifications and high achievements in work;
b) personal bonuses for managers, specialists and employees (technical performers) for a high level of qualifications that meets the requirements of professional standards;
c) personal bonuses to employees on vacation for high achievements in public work;
d) other incentive payments provided for by collective agreements, local regulations, employment contracts, which the employer has the right to attribute to labor costs on the basis of the legislation of the Russian Federation;
2.8.2.4 bonuses for the main results of production and economic (financial and economic) activities - in the amount established by the collective agreement, local regulations within 50% of the tariff component of expenses (funds) allocated for wages. If there is financial opportunity, the employer can increase the amount of the bonus.
The bonus is calculated on the tariff rate (official salary), taking into account additional payments and allowances in accordance with current legislation, including in accordance with the Decree of the Government of the Russian Federation dated 02.21.90 No. 66/3-138 “On improving the organization of wages and introducing new tariff rates and official salaries workers at the expense of their own funds of enterprises and organizations of housing and communal services and consumer services."
2.8.2.5 based on the results of work for the year based on the results of activities in the reporting period, in accordance with the collective agreement, within 33% of the tariff component of expenses allocated for wages (3.96 official salary for the full year);
2.8.2.6 monthly remuneration for length of service, in accordance with the collective agreement, within 15% of the tariff component of expenses allocated for wages;
2.8.2.7 other types of bonuses for employees, including according to the indicators provided for in this Agreement;
2.9. Additional payments for class to drivers working in gas industry organizations, as well as in other housing and communal services organizations, are made in the following order: first class drivers - no less than 25%, second class drivers - no less than 10%.
2.10. Remuneration for managers, specialists and employees is made on the basis of official salaries established in accordance with the position and qualifications of the employee.
Remuneration for the leadership of Organizations is made in accordance with the current labor legislation and other norms containing labor law regulatory legal acts.
A change (increase) in the official salary of a manager is made simultaneously with an increase in the tariff rates of the Organization. Bonuses for the heads of organizations that do not have a profit can be made at the expense of funds for wages attributed to the cost of work (services).
The specific procedure and amount of bonuses are determined by the local regulations of the Organization.
2.11. Wages are paid every half month on the day established by the internal labor regulations of the Organization, the collective agreement, and the employment contract.
2.12. Delays in the payment of wages are not allowed and are a violation of the law, this Agreement and entail liability for the employer in accordance with the legislation of the Russian Federation.
In case of delay in payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid. The time of suspension of work in case of delay in payment of wages for a period of more than 15 days is paid in the amount of average earnings.
It is not permitted to suspend work by employees whose job responsibilities include performing work directly related to ensuring the livelihoods of the population (energy supply, heating and heat supply, water supply, gas supply, removal of solid waste), as well as servicing equipment, the shutdown of which poses an immediate threat to the life and health of people.
2.13. The introduction and revision of labor functions, norms and standards, the introduction of new or changes in wage conditions are carried out by the employer in agreement with the elected body of the primary trade union organization within the time limits provided for by collective agreements.
Employees must be notified of changes no later than two months in advance.
3. Working time and rest time
3.1. The schedule of working hours and rest time is established by the internal labor regulations of the Organization.
The normal working hours of employees cannot exceed 40 hours per week.
For employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions, a reduced working time is established - no more than 36 hours per week.
Based on the collective agreement of the Organization, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, the working hours specified in this paragraph may be increased, but not more than up to 40 hours per week with payment to the employee of a separately established monetary compensation in the manner, amounts and conditions established by the collective agreement of the Organization.
With a five-day work week, employees are given two days off, and with a six-day week, employees are given one day off per week.
3.2. For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:
With a 36-hour work week - 8 hours;
For a 30-hour work week or less - 6 hours.
By the collective agreement of the Organization, as well as with the written consent of the employee, formalized by concluding a separate agreement to the employment contract, the maximum permissible duration of daily work (shift) for these employees may be increased, subject to compliance with the maximum weekly working hours established in accordance with parts one - third article 92 of the Labor Code of the Russian Federation:
With a 36-hour work week - up to 12 hours;
For a 30-hour work week or less - up to 8 hours.
The amount, procedure and conditions of compensation cannot be worsened or reduced in comparison with the procedure, conditions and amount of compensation measures actually implemented in relation to these employees as of the day of making changes based on the results of the special assessment (Article 15 of the Federal Law “On Special Assessment of Working Conditions”).
3.3. In Organizations, the suspension of work of which is impossible due to production and technical conditions or due to the need for constant continuous service to consumers of housing and communal services, days off are provided on different days of the week in turn to each group of workers according to shift schedules approved by the employer, taking into account the opinion of the elected body of the trade union organization.
3.4. When, according to the conditions of production (work) for an individual entrepreneur, in the organization as a whole, or when performing individual species work, the daily or weekly working hours established for this category of workers (including workers engaged in work with harmful and (or) dangerous working conditions) cannot be observed; it is permissible to introduce summarized recording of working hours so that the working hours for the accounting period (month, quarter and other periods) did not exceed the normal number of working hours. The accounting period cannot exceed one year, and for recording the working time of workers engaged in work with harmful and (or) dangerous working conditions - three months.
If, for reasons of a seasonal and (or) technological nature, for certain categories of workers engaged in work with harmful and (or) dangerous working conditions, the established working hours cannot be observed during an accounting period of three months, a collective agreement may provision should be made for an increase in the accounting period for recording the working time of such employees, but not more than one year.
The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of workers. For employees working part-time (shift) and (or) part-time week, the normal number of working hours for the accounting period is reduced accordingly.
The procedure for introducing summarized recording of working time is established by the internal labor regulations.
3.5. In addition to the annual additional paid leave provided for by the legislation of the Russian Federation, if financially feasible, employees are provided with additional paid leave on the following grounds:
a) birth of a child;
b) own wedding, children’s wedding;
c) death of a spouse, family members (children, parents, siblings).
The mother (father) or another person (guardian, trustee) raising a child - a student of primary school (grades 1 - 4) is granted an additional one-day paid leave on Knowledge Day (September 1).
The procedure and conditions for granting vacations provided for in this paragraph are established directly in the Organizations.
3.6. Annual additional paid leave is provided to employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as harmful working conditions of the 2nd, 3rd or 4th degree or hazardous working conditions.
The minimum duration of annual additional paid leave for the above-mentioned employees is 7 calendar days. Compensation for additional paid leave in excess of 7 calendar days is made in amounts not lower than for days of unused leave.
The duration of the annual additional paid leave of a particular employee is established by the employment contract on the basis of the collective agreement of the Organization, taking into account the results of a special assessment of working conditions.
Based on the collective agreement of the Organization, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, part of the annual additional paid leave exceeding 7 calendar days may be replaced by monetary compensation in the manner, in the amounts and on the terms established by the collective agreement Organizations.
The procedure for providing additional paid leave provided for in this paragraph is established directly in the Organizations.
3.7. Annual additional paid leave is provided to employees with irregular working hours. The duration of vacations is determined by a collective agreement or local regulations and is adopted taking into account the collective agreement and the opinion of the elected body of the primary trade union organization.
3.8. The duration of seasonal work in the life support systems of the population is determined by the period of provision of the corresponding services. The peculiarity of such seasonal work is provided for by regional industry tariff agreements and collective agreements of Organizations.
This Agreement establishes a List of seasonal work, which can be carried out during a period (season), which includes:
a) production, transmission and sale of thermal energy (heating period);
b) ensuring the safety of property and equipment for the production, transmission and sale of thermal energy (non-heating period).
Heating season approved by executive authorities of the constituent entities of the Russian Federation. Non-heating period - a period of work outside the heating period.
3.9. Organizations celebrate professional days and holidays established by the legislation of the Russian Federation.
4. Labor protection
4.1. Employers provide in the field of labor protection:
4.1.1. Compliance with norms and rules, carrying out activities in the field of labor protection in accordance with the legislation of the Russian Federation, including the implementation of the “Rules for labor protection in housing and communal services”, approved by order of the Ministry of Labor of Russia dated July 7, 2015 No. 439n, registered by the Ministry of Justice of Russia on August 11. 2015, No. 38474.
4.1.2. Compliance of the regulatory and technical documentation of the Labor Protection Organization with regulatory standards legal acts, containing labor protection requirements containing requirements for the functioning of labor protection management systems (hereinafter referred to as the OSMS). In order to minimize criminal, administrative and civil liability, the implementation and certification of an OSMS in the implementation of mandatory legal requirements, safety regulations and the safety of life and health of citizens.
4.1.3. Timely conduct of a special assessment of working conditions with measurements of harmful and hazardous factors, development of measures and adoption of measures to reduce parameters to standard values.
4.1.4. Informing employees about working conditions in the workplace and compensation for working in hazardous working conditions.
4.1.5. Employee training safe methods and methods of performing work, timely briefings and testing of knowledge of the requirements of labor protection standards and regulations.
4.1.6. Issuance of certified work clothes, safety shoes and other equipment to employees personal protection in accordance with established standards. A specific list of mandatory special clothing, safety footwear, including warm footwear, and other personal protective equipment, as well as standards for their issuance, are established in the collective agreement. Work without appropriate protective clothing, safety shoes and other personal protective equipment is prohibited.
4.1.7. Providing workers with milk or other equivalent food products in accordance with the order of the Ministry of Health and Social Development of Russia dated February 16, 2009 No. 45n “On approval of the standards and conditions for the free issuance of milk or other equivalent food products to employees engaged in work with hazardous working conditions, the Procedure for making compensation payments in an amount equivalent to the cost of milk or other equivalent food products, and the List of harmful production factors, under the influence of which it is recommended to consume milk or other equivalent food products for preventive purposes.”
4.1.8. Conducting mandatory preliminary and periodic medical examinations of employees in accordance with legal requirements.
4.1.9. Conducting an analysis of the causes of accidents and occupational diseases, development and implementation of preventive measures to prevent them.
4.1.10. Investigation and recording of industrial accidents in accordance with current legislation and timely reporting of information about accidents to the territorial organizations of the Life Support Trade Union.
4.1.11. Implementation of mandatory social insurance workers from industrial accidents and occupational diseases.
4.1.12. Preventing workers of established categories from performing their job duties without undergoing mandatory medical examinations, as well as in the case of medical contraindications.
4.1.13. Taking measures to prevent emergency situations, preserve the life and health of workers in the event of such situations, including providing first aid to victims.
4.1.14. Consideration of submissions and implementation of instructions from officials of state supervision bodies and control over compliance with labor protection requirements within the time limits established by law, as well as technical labor inspectors of the Life Support Trade Union.
4.1.15. Consideration of the representations of the labor protection commissioner of primary trade union organizations in accordance with collective agreements or local regulations.
4.1.16. Training of authorized persons performing labor protection functions and on the staff of the Organization at least once every three years, providing them with regulatory and technical literature, rules and instructions on labor protection.
4.1.17. Retention of employees' place of work, position and average earnings during the suspension of work due to violation of labor protection legislation and regulatory safety requirements through no fault of theirs.
4.1.18. Together with primary trade union organizations, holding competitions for the title “Best Occupational Safety and Health Commissioner”.
4.2. Primary trade union organizations in the field of labor protection:
4.2.1. Organize control over compliance with the legal rights and interests of workers in the field of labor protection through the relevant commissions and labor protection commissioners.
4.2.2. Provide annual control over the development and implementation of labor protection agreements and the functioning of the OSMS.
4.2.3. Provide advisory assistance to employees on issues of labor conditions and safety, provision of benefits and compensation for harmful conditions labor, as well as in case of injury as a result of accidents at work.
4.2.4. Contribute to the implementation of measures aimed at improving labor safety conditions and reducing occupational injuries.
4.3. Employers ensure the efficient functioning of the OSMS, providing employees with the following benefits, guarantees and compensation in the manner and on the terms determined directly by the Organizations:
4.3.1. Payment of a one-time benefit in the following cases:
a) the death of an employee at work through the fault of the employer and the absence of the employee’s fault for each of his dependents (children under 18 years of age, spouse in the absence of independent income and disabled people dependent on the employee) in the amount of the annual earnings of the deceased, but not less 500 thousand rubles for all dependents in total (the benefit is distributed in equal parts to each dependent);
b) establishment of disability as a result of injury due to the fault of the employer and the absence of the employee’s fault or occupational disease in the amounts:
For disabled people of group 1, at least 75 percent of annual earnings;
For disabled people of group 2, at least 50 percent of annual earnings;
For disabled people of group 3, at least 30 percent of annual earnings.
4.3.2. Supplement to the labor disability pension for a non-working disabled person who has received disability as a result of injury due to the fault of the employer and the absence of the fault of the employee, children under the age of 18 years of an employee who died at work.
4.4. The employer, in accordance with the established procedure, incurs expenses to ensure normal, safe conditions labor, implementation of labor protection and safety measures provided for by the legislation of the Russian Federation, including:
4.4.1. Expenses associated with the purchase and free issuance of special clothing, special shoes and other personal protective equipment, flushing and neutralizing agents (according to standards not lower than those provided for by the legislation of the Russian Federation).
4.4.2. Expenses associated with the purchase and free distribution of milk and other equivalent food products (according to standards not lower than those provided for by the legislation of the Russian Federation).
4.4.3. Costs associated with carrying out activities for a special assessment of working conditions.
4.4.4. Expenses in the amount of at least 0.2 percent of the amount of production costs (work, services) associated with carrying out activities aimed at improving labor conditions and safety.
4.4.5. Costs associated with mandatory medical examinations (examinations) of employees.
4.4.6. Expenses for sanitary, household, medical and preventive services for workers in accordance with labor protection requirements.
4.4.7. Other expenses related to ensuring safe working conditions for workers.
5. Employment
5.1. Employers, with the participation of primary trade union organizations, pursue an employment policy based on increasing labor mobility within the Organization (including combining professions and positions, internal part-time work), the effectiveness of professional activities and the constant growth of the professional qualification level of each employee in accordance with professional standards, the development and preservation of human resources in economically viable jobs and promoting the employment of displaced workers. At the same time, it is possible to attract migrants to work in accordance with the current legislation of the Russian Federation for work that citizens of the Russian Federation do not agree to.
Employers do not allow unjustified job cuts.
5.2. Employers provide:
5.2.1. Retention of the employee’s average monthly earnings for the entire period of study when sending him to vocational training, retraining and advanced training outside of work, including compliance with the requirements of professional standards.
5.2.2. Providing work in their specialty to graduates of educational institutions of primary, secondary, and higher education vocational education in accordance with concluded training agreements and received assessments of professional qualifications in accordance with the requirements of Federal Law dated 07/03/2016 No. 238-FZ “On Independent Assessment of Qualifications” (hereinafter referred to as Federal Law No. 238).
5.2.3. Using the following opportunities to minimize the reduction in the number or staff of employees with compensation established in collective agreements:
a) natural outflow of personnel (own desire, retirement, etc.);
b) retraining of personnel, their movement within the Organization.
5.2.4. Providing employees dismissed from branches, representative offices and other separate structural divisions Organization in connection with a reduction in staff or number of employees, information about vacancies in other branches, representative offices, and other separate divisions of this Organization.
5.2.5. Providing released workers with the opportunity to retrain in new professions before the termination of the employment contract while maintaining the average salary for the entire period of training.
5.2.6. Providing employees who have been notified of dismissal in connection with the decision to liquidate the Organization, reduce the number or staff, information about the direction to established by law order to the employment service authorities of a written message about the implementation of appropriate activities to assist in their employment, as well as paid time for searching for work in the manner established directly in the Organizations.
5.2.7. Providing the opportunity for retraining, employment and establishing preferential conditions and working hours for workers who have lost their ability to work due to injury or occupational disease, in accordance with medical recommendations.
5.2.8. Reservation for employees who worked before conscription (entry) to military service in a given organization for three months after dismissal from military service, the right to go to work in the same organization, and for those who served in conscription (including officers called up for military service in accordance with the decree of the President of the Russian Federation) - also the right to a position not lower than that held before conscription for military service (clause 5 of Article 23 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”) subject to the financial capacity of the Organization.
5.3. Primary trade union organizations undertake:
5.3.1. Conduct mutual consultations with the employer on employment issues.
5.3.2. To facilitate explanatory work on the implementation of measures taken during the reform of housing and communal services, social and labor adaptation employees of Organizations and providing them with psychological support.
5.4. The criterion for mass dismissal of workers when reducing the number or staff of the Organization’s employees is the dismissal of more than 10% of the Organization’s employees at a time.
5.5. When reorganizing Organizations, the procedure for continuing labor relations is applied, provided for in Part 5 of Art. 75 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). When the Organization is reorganized or the owner of the Organization's property changes, labor relations with the consent of the employee continue; in these cases, termination of the employment contract at the initiative of the employer is possible only in accordance with current legislation.
5.6. Employers undertake:
a) notify the elected bodies of primary trade union organizations about the upcoming reorganization and provide them with information about the decision on reorganization made by the authorized management body of the Organization within 20 days from the date of adoption of the relevant decision, but not less than 2 months before the start of the reorganization;
b) submit to the elected bodies of primary trade union organizations in writing information about a reduction in the number or staff of the Organization’s employees no later than 2 months before the start of the relevant activities, and in the case of mass layoffs - no later than 3 months before the start of the relevant activities in in accordance with Art. 180 Labor Code of the Russian Federation;
c) when the number or staff of employees is reduced, priority right to remain at work is given to employees with higher labor productivity and qualifications.
If labor productivity and qualifications are equal, preference (preemptive right) in remaining at work is given to:
Family - if there are two or more dependents (disabled family members who are on full content employee or receiving assistance from him, which is their permanent and main source of livelihood);
Persons in whose family there are no other workers with independent earnings;
Employees who received a work injury or occupational disease while working for this employer;
Invalids of the Great Patriotic War and invalids of combat operations in defense of the Fatherland;
Employees who improve their skills at the direction of the employer without interruption from work;
For employees of pre-retirement age two years before the statutory retirement date.
d) termination of an employment contract at the initiative of the employer on the grounds provided for in paragraphs. 2, 3, 5 tbsp. 81 of the Labor Code of the Russian Federation, with an employee who is a member of a trade union, take into account the reasoned opinion of the elected body of the primary trade union organization (Article 82 of the Labor Code of the Russian Federation, paragraph 4 of Article 12 of the Federal Law of January 12, 1996 No. 10-FZ “On trade unions, their rights and guarantees of activity").
The dismissal of the chairman of the primary trade union organization and his deputies is carried out in agreement with the elected body of the primary trade union organization (Article 374 of the Labor Code of the Russian Federation).
5.8. Primary trade union organizations undertake:
a) explain to employees the specifics of the procedure for continuing labor relations within the framework of reforming the housing and communal services;
b) facilitate employees’ decision-making on the continuation of labor relations and their adaptation to work in the reorganized Organizations;
c) facilitate the adoption by laid-off employees of the Organization of decisions on the possibility of retraining in new professions before the deadline for termination of the employment contract.
5.9. In the event of termination of an employment contract with an employee who is subject to dismissal due to a reduction in the number or staff, with the liquidation of the Organization, the employer pays him all types of remuneration due to employees of the Organization and is of a quarterly, semi-annual, annual and other nature in proportion to the time worked, and also makes compensation payments, monetary rewards in the manner and on the terms set forth in compensation agreements or collective agreements operating directly in the Organizations:
a) for dismissed employees - at least 3 times the average monthly salary;
b) employees of pre-retirement age, but no more than two years before the statutory retirement date - payment of a monthly benefit in the amount of twice the minimum tariff rate in the Russian Federation, but not lower than the subsistence level in the region until retirement age or the moment of employment ;
c) for employees of retirement age - in the amount of at least 3 times the average monthly salary, and for those dismissed from organizations located in the Far North and equivalent areas - in the amount of at least 9 times the average monthly salary;
d) dismissed employees who have two or more children under the age of 18 - in the amount of at least 5 times the average monthly salary;
e) for dismissed employees whose family has no other breadwinners - in the amount of at least 5 times the average monthly salary;
f) employees dismissed from organizations located in the Far North and equivalent areas - in the amount of at least 8 times the average monthly salary.
If an employee has the right to receive several payments provided for in this paragraph, only one payment is made at the employee’s choice.
The indicated amounts of payments include payments established by current legislation.
5.10. At the request of the employee, payments can be replaced with payment for his retraining if the educational institution is located on the territory of the constituent entity of the Russian Federation where the employee lives, but not in excess of the costs determined by the specified payments.
5.11. Protection of employees in the event of insolvency (bankruptcy), reorganization and liquidation of an enterprise:
5.11.1. The parties will do their best to promote the financial recovery of organizations, preserve existing and create new jobs, inform enterprises about the labor market in industries, including the future need for personnel, organize vocational training, training and retraining of personnel, and provide professional counseling to laid-off workers.
5.11.2. At sharp deterioration economic situation organization, the head of the organization notifies the trade union committee about this, provides, at the request of the trade union committee, information about financial condition organization and takes effective measures to improve the situation. Stabilizing the economic situation of an organization cannot be done by reducing workers' wages.
5.11.3. Trade union committees of organizations have the right to exercise public control over the conduct of bankruptcy procedures.
5.11.4. The collective agreement remains valid in the event of a change in the name of the organization, termination of the employment contract with the head of the organization, or reorganization of the organization in the form of transformation. In case of reorganization (merger, accession, division, spin-off) of an organization, the collective agreement remains in force throughout the entire period of the reorganization. When changing the form of ownership of an organization, the collective agreement remains in force for three months from the date of transfer of ownership rights. When an organization is liquidated, the collective agreement remains in force throughout the entire period of liquidation.
5.11.5. A change in the owner of the organization’s property, a change in the tenant of the property, or the conclusion of a concession agreement are not grounds for terminating employment contracts with the organization’s employees, with the exception of the head of the organization and the chief accountant.
When changing the owner of the organization's property, it is not allowed to reduce the number or staff of employees until state registration transfer of ownership.
When the jurisdiction (subordination) of the organization changes, as well as during its reorganization (merger, accession, division, spin-off, transformation), labor relations continue with the consent of the employee.
5.11.6. When selling state or municipal property, leasing property or concluding a concession agreement through a competition, the parties take measures to include the following provisions in the terms of the competition:
Preservation of jobs and conditions of payment for workers;
Retraining and (or) advanced training of employees;
Maintaining the profile of the enterprise.
6. Social protection
6.1. Payments of a social nature, based on the financial capabilities of organizations, can be made at the expense of core and other activities, in the manner and on the terms established directly in the Organizations:
6.1.1. Partial (but not less than the subsistence level of the working-age population) or full compensation of expenses confirmed by relevant documents:
a) related to the burial of deceased employees;
b) related to the burial of close relatives of employees (spouse, children, parents);
c) related to the burial of veterans of the Organization (the procedure for classifying persons as veterans is determined directly by the Organizations).
6.1.2. Voluntary health insurance and long-term life insurance for employees.
6.1.3. Non-state pension provision and voluntary pension insurance for employees in accordance with the non-state pension provision program adopted by the Organization.
6.1.4. Payment of financial assistance:
a) when an employee goes on annual basic paid leave in the amount established by the collective agreement. Payment on this basis is made no more than once per working year;
b) upon dismissal of an employee from the Organization due to at will after the establishment of an old-age labor pension (taking into account the length of service and the period of dismissal after retirement age);
c) upon the birth of a child - no less than the minimum monthly wage rate of a first-class worker;
d) when registering a marriage (if the marriage is registered for the first time) - no less than the minimum monthly wage rate of a first-class worker;
e) upon dismissal of an employee in connection with conscription for military service in the Armed Forces of the Russian Federation, other troops, military formations and bodies, as well as for the initial establishment of a household for citizens dismissed after completing military service by conscription and accepted to their previous place of work.
6.1.5. Partial or full compensation of confirmed expenses of employees:
6.1.6. A one-time payment in excess of the norms established by the legislation of the Russian Federation in the event of the death of an employee from general illness or a domestic accident to the family of the deceased who presented a death certificate, in the amount of at least 15,000 rubles.
6.1.7. Payment of one-time remuneration to employees awarded industry awards and honorary titles.
6.1.8. Increase in monthly compensation for employees on paid parental leave until they reach 1.5 years, and from 1.5 to 3 years, establish and pay increased compensation.
6.1.9. Participation in improving the housing conditions of employees on mortgage lending terms.
6.1.10. Partial compensation for the increase in the cost of food in workers' canteens, as well as the cost of travel to the place of work.
6.1.11. A fifty percent discount to industry workers on the established fee for housing and communal services in the manner and on the terms determined directly by the Organizations.
6.1.12. Providing paid leave, based on the tariff rate (official salary) for the period specified in the collective agreement: on Knowledge Day, at the birth of a child, one’s own wedding or the wedding of children, as well as in cases provided for in this Agreement.
6.1.13. Provision of vehicles at the expense of the Organization for organizing recreation for workers, as well as for cultural events. The procedure and conditions for providing these payments are established directly in the Organizations.
6.1.14. Providing certain compensations and guarantees to employees - members of the trade union for certain activities, within the framework of agreements provided for in paragraph 10 of Article 45 of the Labor Code of the Russian Federation.
6.2. The employer undertakes:
6.2.1. Provide state social insurance for all employees in accordance with current legislation.
6.2.2. Transfer in a timely manner insurance premiums V Pension fund Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund.
6.2.3. Freely provide information to employees about the calculation of insurance contributions to the Pension Fund of the Russian Federation (Article 15 of the Federal Law of December 15, 2001 No. 167-FZ “On compulsory pension insurance in the Russian Federation”), as well as other social funds.
6.2.4. Incur expenses for training, retraining and advanced training of workers, including compulsory training and retraining of production and technical personnel, based on the requirements of professional standards and assessment of professional qualifications.
6.2.5. Carry out expenses for payment of temporary disability benefits due to illness (except for occupational diseases) in accordance with current legislation.
6.2.6. Incur other expenses associated with the production and (or) sale of products and services provided for by the legislation of the Russian Federation.
6.3. The employer incurs expenses to improve relationships in the field of social partnership in order to regulate social and labor relations, which include transfers of funds in the form of amounts of voluntary membership fees (including entrance fees), as well as other expenses provided for by this Agreement, other agreements in the field of social partnerships, including regional industry agreements, collective agreements and local regulations of the Organization, labor contracts concluded with employees and exceeding the level of obligations established by the legislation of the Russian Federation.
6.4. Remuneration for the work of the head of the elected body of the primary trade union organization is made at the expense of the employer (Article 377 of the Labor Code of the Russian Federation).
6.5. Employers provide social protection labor of women and persons with family responsibilities in accordance with current legislation.
6.5.1. Women working in rural areas are provided, upon their written application, with one additional day off per month without pay (Article 262 of the Labor Code of the Russian Federation).
6.5.2. In accordance with the Resolution of the Supreme Council of the RSFSR dated November 1, 1990 No. 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas”, a 36-hour period is established working week in organizations located in rural areas. In this case, wages are paid in the same amount as for the full duration of weekly work (40 hours).
6.5.3. One of the working parents (guardian, trustee) to care for disabled children, upon their written application, is provided with 4 additional paid days off per month. Payment for each additional day off is made in the amount of average earnings from the Social Insurance Fund of the Russian Federation (Article 262 of the Labor Code of the Russian Federation).
6.5.4. When undergoing a mandatory medical examination in medical institutions reserved for pregnant women average earnings at the place of work (Article 254 of the Labor Code of the Russian Federation).
6.5.5. At the request of a pregnant woman, one of the parents (guardian, custodian) with a child under 14 years of age (disabled child under 18 years of age), or a person caring for a sick family member in accordance with a medical report, they are assigned part-time work or part-time work. In these cases, remuneration is made in proportion to the time worked or depending on the amount of work performed (Article 93 of the Labor Code of the Russian Federation).
6.5.6. Ensure working conditions and labor protection for women and youth (teenagers), for which:
a) conduct a priority special assessment of the working conditions of women’s and adolescents’ workplaces based on working conditions;
b) carry out measures for the mechanization of manual and heavy physical work to ensure the norms of maximum permissible loads for women and adolescents established by Resolution of the Council of Ministers - Government of the Russian Federation dated 02/06/1993 No. 105;
c) limit the use of women’s labor in hard work and work with harmful and dangerous working conditions (Article 253 of the Labor Code of the Russian Federation);
d) exclude the use of labor by persons under 18 years of age in work with harmful and (or) dangerous working conditions, in underground work, as well as in work the performance of which may cause harm to their health (Article 265 of the Labor Code of the Russian Federation).
6.6. An employee with two or more children under the age of 14, an employee with a disabled child under the age of 18, a single mother raising a child under the age of 14, a father raising a child under the age of 14 without a mother, a collective agreement may be established annually additional holidays without pay at a time convenient for them for up to fourteen calendar days. The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed (Article 263 of the Labor Code of the Russian Federation).
6.7. Provide separate compensations and guarantees to employees - members of the trade union for certain activities, within the framework of agreements provided for in paragraph 10 of Article 45 of the Labor Code of the Russian Federation.
6.8. Employers provide social protection for young people: create the necessary legal, economic, everyday and organizational conditions and guarantees for the professional development of young workers, promoting their spiritual, cultural and physical development. Employers undertake:
6.8.1. Restore and improve the system of training, retraining and advanced training of young personnel, and provide for the allocation of funds for these purposes in collective agreements.
6.8.2. Approve the Regulations on Mentoring in the Organizations, assign mentors to all young employees no later than 6 months from the start of their work and pay mentors a salary bonus of at least 10% of the salary.
6.8.3. Provide young workers who combine work with study in educational institutions vocational education, and employees entering these institutions, guarantees and benefits in accordance with current legislation.
6.8.4. Provide minor workers with reduced working hours with wages in the same amount as employees of the corresponding categories with the full duration of daily work.
6.8.5. Promote the creation of youth organizations in Organizations (councils of young professionals, youth commissions of trade union organizations, other forms of youth self-government).
6.8.6. Provides financial assistance to young workers at the request of the primary trade union organization of the enterprise.
6.9. Organizations, based on their financial capabilities, provide for the provision of the following benefits, guarantees and compensation in the manner and on the terms established directly by the Organization:
6.9.1. Providing young families from the Organization's fund with long-term preferential or interest-free loans, loans for the construction and purchase of housing, durable household items, and for paid education in educational institutions.
6.9.2. Providing young parents raising two or more children (at their request) with one day off from work every month with payment from the Organization’s profit in the amount of the employee’s tariff rate (official salary).
6.9.3. Providing for young workers and their families necessary conditions for physical education and sports, amateur performances.
6.10. Primary trade union organizations undertake:
6.10.1. To promote the creation in the Organization of appropriate conditions for advanced training and general educational level of youth.
6.10.2. Promote the creation of youth organizations and a youth fund in the Organizations and attract funds to it.
6.10.3. Apply for additional guarantees, financial assistance, benefits and compensation to keep young people employed in comparison with current legislation.
6.10.4. Ensure full social protection of workers in accordance with collective agreements and general labor regulations.
7. Social partnership, guarantees and principles of cooperation between the parties
7.1. OOOR Housing and Communal Services and Life Support Trade Union:
7.1.1. They appeal to the Russian Ministry of Construction with a request for assistance in resolving the following issues:
7.1.1.1. For sustainable social - economic development Housing and communal services in the constituent entities of the Russian Federation and municipalities;
7.1.1.2. Balanced compliance with the economic interests of business entities operating in housing and communal services, employees who are in labor relations with these business entities, and consumers of housing and utility services;
7.1.1.3. In organizing the creation of decent working conditions and wages for workers in the housing and utilities sector; promotes the development of social partnership in the industry and in municipalities, sets performance indicators for regions and municipalities according to the degree of their participation in social partnership.
7.1.1.4. Preservation and development of the human resources potential of housing and communal services workers, including through the introduction of an industry-wide system of professional qualifications.
7.1.1.5. In monitoring the implementation of the Agreement in full through interaction with the Federal Antimonopoly Service of Russia, government bodies regulating price and tariff policies, the Ministry of Labor of Russia, Rostrud and other federal departments.
7.2.1. Exercise joint control over the implementation of this Agreement.
7.2.2. Provide each other with the information necessary to analyze the progress of implementation of this Agreement, consider issues of introducing amendments and additions to it, as well as develop subsequent agreements.
7.2.3. Consider issues not included in this Agreement and conduct mutual consultations.
7.2.4. They inform each other about the adoption of local regulations containing labor law standards.
7.2.5. Take measures to resolve collective labor disputes.
7.2.6. They interact in matters of nominating particularly distinguished employees for state awards and conferring honorary titles of the Russian Federation, awarding certificates of honor from federal executive bodies, the Central Committee of the Life Support Trade Union.
7.2.7. Submit proposals to the Government of the Russian Federation to resolve labor and socio-economic issues, taking into account the peculiarities of work and life of workers in the relevant fields of activity.
7.2.8. Participate in the manner prescribed by law in the preparation of draft normative legal acts on issues affecting the social, labor and economic interests of workers in the life support system of the population.
7.2.9. They participate in the development and contribute to the implementation of state programs and projects for socio-economic development and reform of housing and communal services, attracting investments in this area, strengthening its material and technical base, as well as in the implementation of social projects of the Russian Federation “Revenues of the State Treasury”, “People's control”, “Personnel for the national economy”, “Quality Mark “Made in Russia”, “For a high social standard”, “Care”, “For decent wages”.
7.2.10. In accordance with the requirements of the Federal Law “On Independent Assessment of Qualifications” No. 283-FZ dated July 3, 2016 and Decree of the Government of the Russian Federation dated June 27, 2016 No. 584 “On the application of professional standards in terms of requirements mandatory for use by state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state companies and business entities, more than fifty percent of the shares (shares) in the authorized capital of which are in state ownership or municipal ownership." The Parties to the Agreement participate:
In the creation and development of an industry-wide system for assessing professional qualifications;
In the implementation of professional and public accreditation of educational programs of educational institutions for compliance with their industry professional standards;
In the formation of the optimal quality of the composition and number of labor resources necessary for the development of housing and communal services;
In measures to improve the quality and competitiveness of construction industry goods and housing and communal services for consumers, as well as to increase the level financial situation housing and communal services workers;
In creating conditions for increasing the level and quality of social guarantees for housing and communal services workers, including by attracting socially responsible businesses and other non-state sources of financing.
7.2.11. The relevant authorities are working on issues to ensure timely financing of housing and communal services and the adoption of economically justified tariffs in terms of costs for labor, labor protection, social security, as well as other issues within the framework of this Agreement.
Document overview
The Industry Tariff Agreement in Housing and Public Utilities is provided.
The agreement represents a legal act regulating social and labor relations and establishing general principles for regulating economic relations related to them, general conditions of remuneration, labor guarantees and benefits for employees, as well as defining the rights, obligations and responsibilities of the parties to the social partnership.
It is concluded between employers and employees represented by their authorized representatives (parties) in the form of the All-Russian industry association of employers in the sphere of life support "OOOR ZhKK" and the All-Russian trade union of essential workers.
The agreement is mandatory for use when concluding collective agreements, regional industry agreements and individual employment contracts.
In the absence of a collective agreement, the agreement has direct effect.
Is our organization (housing and communal services) obliged to comply with the requirements industry agreement for housing and communal services? Industry tariff agreement in the housing and communal services of the Russian Federation for 2017–2019
Answer
Answer to the question:
Yes, you must, if your organization did not send a reasoned refusal to join the agreement.
Please note: organizations that are members of regional associations of employers, which in turn are members of the All-Russian Association of Employers, are automatically considered to have joined the agreement, unless their regulations specify a different procedure for joining the agreement (clause 10.5).
Details in the materials of the Personnel System:
Answer:How to Apply Industry Agreements
Validity of the agreement for the circle of persons
Who is covered by the industry agreement?
The signed industry agreement applies to:
all employers who are members of the association that entered into the agreement. Termination of membership in the association after signing the agreement does not relieve the employer from fulfilling it. An employer who joined the association during the period of validity of the agreement is obliged to fulfill the obligations stipulated by the agreement;
Question from practice: Is it necessary to make changes to employment contracts with employees after signing an industry agreement? The industry agreement establishes additional payments in favor of employees
Yes, it is necessary if the organization plans to take such payments into account for tax purposes.
Labor legislation does not oblige the employer to make changes to employment contracts with employees after the organization has been subject to an industry agreement. The provisions of the industry agreement are directly applicable norms that regulate social and labor relations, in particular establishing labor guarantees and benefits for employees ( ). This means that the employer is obliged to make payments provided for in the industry agreement, regardless of whether corresponding changes have been made to the employment contracts with employees or not.
At the same time, it is necessary to supplement employment contracts with a provision on additional payments so that such payments can be included in labor costs. You can indicate certain conditions in an employment contract in the form of a reference to the norms of the agreement, without specifically deciphering them. This is discussed in.
Joining the agreement
Which organizations are required to join the industry agreement?
At the proposal of the parties to an industry agreement concluded at the federal level, the head of the Russian Ministry of Labor may invite employers who did not participate in the conclusion of the agreement to join it. The Ministry of Labor of Russia publishes a proposal to join the agreement on its official website and in Rossiyskaya Gazeta within five working days from the date of its receipt.
Employers in the relevant industry, within 30 calendar days from the date of official publication of the proposal to join the agreement, can send a motivated proposal to the Ministry of Labor of Russia. In this case, the refusal must be accompanied by a protocol of consultations with the trade union, if there is one in the organization. If the employer refuses to accede to the agreement, the head of the Russian Ministry of Labor may invite representatives of this employer and representatives of its employees (trade union, if any) for consultations. Participation of invitees in consultations is mandatory.
Employers who have not sent such a refusal are automatically considered to have acceded to the agreement from the date of official publication of the proposal to join. Therefore, they must comply with all the terms of the agreement on a general basis.
.Ivan Shklovets
Deputy Head of the Federal Service for Labor and Employment
With respect and best wishes comfortable work, Yana Demidovich,
HR System expert
At the federal level of the Russian Federation, a tariff agreement was adopted that regulates the partnership of the parties in the housing and communal services sector and began to operate at the beginning of 2017. The industry tariff agreement is also valid in 2018-2019. To create the project, representatives from employers and the trade union of the life support industry were involved. It aims to facilitate the process of reform and modernization of organizations and the development of labor relations.
Governing Agreement Provisions
The tariff agreement combined the interests of both parties based on the current laws of the country. In the legal field, the provisions of the tariff agreement regulate the following tasks of a social and labor nature in housing and communal services:
- Remuneration.
- Tariff amounts for bonuses paid to employees are established by regulations directly on site.
- Work routine.
- The procedure for providing annual paid days of rest.
- Labor protection (maintaining a regulatory and technical base, assessing workplaces, training and instructing workers, ensuring safety and providing personal protective equipment).
- The issue of social security of employees.
- Social partnership.
- Organizational policies on employment issues.
- Contractual guarantee and the basis of interaction between the parties.
- Bilateral responsibility for the implementation of accepted agreements.
- The procedure for resolving controversial issues during the validity of the agreement.
The purpose of the legal act is to establish boundaries in the matter of social, economic and labor relations between authorized persons from the employer and employee at enterprises of the Russian Federation. The activities of all associations, regardless of their form of ownership, fall under legal force. Organizations in the housing and communal services sector, whose work is not regulated by this GTS, have the right to join it.
About additions and amendments
The act also specifies the procedure for making amendments and additions. Additional appendices are included with the main part. And the additional part indicates: the wage scale for workers with the first category; a list of approved professional standards, a classifier of types of work and services, a classifier of economic activities of enterprises in industries.
This act and amendments to it in mandatory published in a periodical (business magazine “Utilities Complex of Russia”). Each of the applications is an integral part of it that must be executed. The activities of each organization are under its jurisdiction.
The agreement was signed on February 27, 2018, registered with Rostrud on March 29, 2018, registration number 5/17-19
This Additional Agreement is concluded between employers and employees of Housing and Communal Services Organizations represented by their authorized representatives (parties):
- All-Russian Industry Association of Employers in the Life Support Sphere (hereinafter referred to as OOOR ZhKK), created in accordance with the norms of Federal Law dated November 27, 2002 No. 156-FZ “On Employers' Associations” (as amended by Federal Laws dated July 2, 2013 No. 185-FZ, dated November 24. 2014 No. 358-FZ, dated November 28, 2015 No. 355-FZ), acting on the basis of the Charter of the LLC LLC Housing and Communal Complex, OGRN No. 1167700069790 dated November 1, 2016. and registered by the Ministry of Justice of Russia, registration No. 7714120011 dated November 9, 2016;
- All-Russian Trade Union of Life Support Workers (hereinafter referred to as the Life Support Trade Union), operating on the basis of the Federal Law of January 12, 1996 No. 10-FZ “On Trade Unions, Their Rights and Guarantees of Operations”, the Charter of the Life Support Trade Union, OGRN No. 1037739338450 of January 31, 2003, registered Ministry of Justice of Russia, registration number 0012110145 dated 08/26/2010.
Parties to the Industry Tariff Agreement in the housing and communal services of the Russian Federation for 2017 - 2019 (hereinafter referred to as the Agreement or OTS), registered with the Federal Service for Labor and Employment (hereinafter referred to as Rostrud) on December 28, 2016. No. 22/17-19 as amended by the additional agreement registered by Rostrud on September 22, 2017. No. 15/17-19, guided by the interests of employers and employees, in order to maintain the proper level of social partnership and streamline social, labor and related economic relations in the housing and communal services of the Russian Federation, we have concluded at the federal industry level this Additional Agreement on the introduction amendments to the GTC regarding the following:
I. In Section 1 “General Provisions”:
clause 1.3. stated as follows:
1.3. Housing and communal services (hereinafter – housing and communal services) is a type of economic activity aimed at ensuring the livelihoods of the population, creating comfortable living conditions for citizens in their homes and in landscaped areas; Housing and communal services include types of activities, services, works named in the qualification characteristics of types of activities in Order of the Ministry of Construction of Russia dated April 27, 2016 N 286/pr "On approval of collective classification groupings of the housing and communal services industry" and other regulatory legal acts governing the activities in the field of housing and communal services (A complete list of housing and communal services organizations by type of economic activity, services and work is given in Appendices N1, N4 and N 5 to this TTS).
clause 1.4. stated as follows:
1.4. Housing and communal services organizations are legal entities carrying out the types of economic activities, services, works listed in Appendices N1, N4 and N5 to this Agreement. These Housing and Communal Services Organizations are subject to the Agreement if they join the Agreement in the manner prescribed by current legislation and this Agreement.
second paragraph of clause 1.8. stated as follows:
“... In the absence of a collective agreement, this Agreement has direct effect in the Organizations to which it applies and which have joined it in the prescribed manner.”
clause 1.10. stated as follows:
1.10. Organizations in accordance with this Agreement, in order to improve qualifications and protect the rights of workers in the Industry, organize the assessment and assignment of professional qualifications of workers in the manner established by the Council for Professional Qualifications in Housing and Communal Services, in accordance with the norms of the labor legislation of the Russian Federation, as well as the requirements of the Federal Law “On independent assessment of qualifications” by federal law dated 07/03/2016 N 238-FZ and resolution of the Government of the Russian Federation dated 06/27/2016. N 584 “On the application of professional standards in terms of requirements mandatory for application by state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state companies and business entities, more than fifty percent of shares (shares) in whose authorized capital is in state or municipal ownership.”
second paragraph of clause 1.9. stated as follows:
“...If regulatory authorities establish tariffs for water supply, gas supply, electric and heat energy, and other housing and communal services without taking into account the expenses of employers provided for in this Agreement, employers have the right to adjust labor costs taking into account existing regional agreements, collective agreements and local regulatory acts of Organizations. At the same time, the employer must ensure the level of minimum wage for an employee who has fully worked during this period of working hours and fulfilled labor standards (job duties), not lower than the minimum wage established in the constituent entity of the Russian Federation.”
add paragraphs 1.12.1 and 1.12.2:
1.12.1. The norms of concluded regional industry tariff agreements cannot worsen the conditions provided for in this Agreement and providing social guarantees for industry workers.
1.12.2. At the federal, regional and municipal levels, when concluding relevant agreements, holding consultations, coordinating socio-economic policies and regulating social and labor relations, the interests of workers are represented by the All-Russian Trade Union of Essential Workers, regional trade unions of essential workers and primary trade union organizations of essential workers.
state clause 1.13 in the following wording:
1.13. This Agreement entered into force on January 1, 2017 and was extended in accordance with the provisions of Part 2 of Article 48 of the Labor Code of the Russian Federation until December 31, 2023 inclusive. The fact of prolongation of this Agreement in accordance with the law is established by notification registration.
II.In section 2 “Remuneration”:
clause 2.3. stated as follows:
2.3. The minimum monthly wage rate for first-class workers who have fully worked their working hours and fulfilled their job duties (labor standards) is established in accordance with Appendix No. 1 to this Agreement and cannot be less than the legally established minimum wage or subsistence level.
Appendix No. 1 indicates the main groups of Housing and Communal Services Organizations, also presented in Appendices No. 4 and No. 5, as well as Organizations whose type of economic activity is related to the livelihood sector of the population.
III.In the section 4 “Labor safety”:
clause 4.1.2. stated as follows:
4.1.2. Compliance of the regulatory and technical documentation of the Housing and Communal Services Organization on labor protection with regulatory legal acts containing labor protection requirements and requirements for the functioning of labor protection management systems (hereinafter referred to as the OSHMS).
The implementation and verification (certification) of an OSMS is carried out with the aim of implementing mandatory legal requirements in terms of safety and security of life and health of citizens, as well as minimizing criminal, administrative and civil liability when implementing mandatory legal requirements in this area.
The main form of employer compliance with established requirements in the field of labor protection is an implemented and verified (certified) OSMS.
clause 4.1.3. stated as follows:
4.1.3. Timely conduct of a special assessment of working conditions (hereinafter referred to as SOUT) with measurements of parameters of harmful and dangerous factors, development of measures and adoption of measures to reduce parameters to standard values.
In accordance with the legislation of the Russian Federation and other regulatory legal acts, with the mandatory participation of the relevant bodies of the Life Support Trade Union, the employer conducts special labor safety measures and develops measures to improve the working conditions and safety of workers.
IV. In Section 5 “Employment”:
from paragraph 5.6. delete subparagraph d) and the last paragraph;
add clause 5.7. the following content:
5.7. Termination of an employment contract at the initiative of the employer on the grounds provided for in paragraphs. 2, 3, 5 tbsp. 81 of the Labor Code of the Russian Federation, with an employee who is a member of a trade union is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization (Article 82 of the Labor Code of the Russian Federation, paragraph 4 of Article 12 of the Federal Law of January 12, 1996 N 10-FZ "On trade unions, their rights and performance guarantees").
The dismissal of the chairman of the primary trade union organization and his deputies is carried out in agreement with the elected body of the primary trade union organization or a higher trade union body (Article 374 of the Labor Code of the Russian Federation).
V. In section 7 "Social partnership, guarantees and principles of cooperation between the parties»:
clause 7.1.1. stated as follows:
7.1.1. They contact authorized public authorities at all levels with a request for assistance in resolving the following issues:
add paragraphs 7.1.1.6. – 7.1.1.8:
7.1.1.6. Submission by the parties of the JTS in the prescribed manner of proposals for the adoption of laws and other normative legal acts (or amendments to them) regulating social, labor and related economic relations and affecting the rights and legitimate interests of employers and employees, and also participate in their development.
7.1.1.7. Conducting consultations (negotiations) with government authorities and local governments on the main directions of socio-economic policy.
7.1.1.8. Participation in monitoring and forecasting the need for qualified personnel in the housing and communal services sector, as well as in the development and implementation public policy in the field of vocational education, incl. in the development of federal state educational standards and federal state requirements for additional educational programs, in the formation of lists of areas of training (specialties) of vocational education, state accreditation educational institutions of vocational education in the manner established by the Government of the Russian Federation.
add clause 7.2. the following content:
7.2. LLC ZHKK and the Life Support Trade Union jointly take actions to implement this Agreement.
clause 7.2.10. stated as follows:
7.2.10. In accordance with the requirements of the Federal Law of July 3, 2016. N 238-FZ “On independent assessment of qualifications” and Decree of the Government of the Russian Federation dated June 27, 2016 N 584 “On the application of professional standards in terms of requirements mandatory for application by state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state-owned companies and business entities, more than fifty percent of the shares (shares) in the authorized capital of which are state-owned or municipally owned." The Parties to the Agreement participate:
- in the creation and development of an industry-wide system for assessing professional qualifications;
- in the implementation of professional and public accreditation of educational programs of educational institutions for compliance with their industry professional standards;
- in the formation of the optimal qualitative composition and number of labor resources necessary for the functioning and development of housing and communal services;
- in measures to improve the quality and competitiveness of construction industry products and housing and communal services for consumers, as well as improving the level of financial status of housing and communal services workers;
- in creating conditions for increasing the level and quality of social guarantees for housing and communal services workers, including by attracting funds from the socially responsible business community and other non-state sources of financing.
add clause 7.2.14.:
7.2.14. Measures for rehabilitation and adaptation of disabled people.
OOOR Housing and Communal Services and the Life Support Trade Union, in accordance with the federal law of November 24, 1995 No. 185-FZ “On the social protection of disabled people in the Russian Federation,” provide assistance:
- in the creation favorable conditions for the accommodation of disabled people in apartment buildings;
- in creating working and training conditions for disabled people as close as possible to their needs, taking into account their characteristics and health status;
- in the implementation of measures for the rehabilitation and adaptation of disabled people, intended for the gradual restoration of the ability of disabled people to work in the housing and communal services sector;
- in improving the competencies of people with disabilities and increasing their professionalism to work in housing and communal services organizations and consumer services for the population;
- in creating conditions for disabled people to engage in adaptive sports and physical training;
- in carrying out jointly with all-Russian public organizations analysis and development of educational programs in the field of housing and communal services, in terms of training disabled people for professional activities.
add clause 7.3.10.:
7.3.10. OOOR Housing and Communal Services provides organizational and methodological conditions for employers of Housing and Communal Services Organizations to comply with the conditions for the work of disabled people, provided for by the legislation of the Russian Federation.
clause 7.4.6. stated as follows:
7.4.6. Defends the interests of workers in the field of social and labor relations, in accordance with ILO Recommendation No. 91, seeks to extend collective agreements to trade union members and other employees of the Organization, providing for other conditions for their participation in social partnership based on the conclusion of additional agreements to collective agreements.
delete clause 7.5.8., following the same clause 7.5.8.;
clause 7.5.9 shall be stated as follows:
7.5.9. To perform public duties in the interests of the work collective, as well as during trade union studies, provide trade union workers who are not exempt from their main work, including authorized persons for labor protection, time off from work while maintaining average earnings. The specific duration of release from work and the list of trade union workers are established directly in the Organizations.
Provide separate compensations and guarantees to employees - members of the trade union for certain activities, within the framework of agreements provided for in paragraph 10 of Article 45 of the Labor Code of the Russian Federation.
VI.To section 10 " Final provisions»:
in clause 10.4. add a second paragraph as follows:
“...A similar procedure is provided for when extending the validity of additional agreements to the JTS drawn up in accordance with the procedure established by law, including in terms of their extension by letter from the head of the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor, with a proposal employers who did not participate in the conclusion of the additional agreement to join this agreement..."
In clause 10.7. add third, fourth and fifth paragraphs as follows:
“...To be included in the regional and federal registers of participants in the Agreement, Organizations provide the relevant association of employers with information on the full and abbreviated name, main state registration number (OGRN), taxpayer identification number (TIN), tax registration reason code (KPP), actual number of employees of the Organization, actual address, email and phone numbers of the Organization. Information is also provided on the presence and size of the primary trade union organization or on the official intention to create it.
The executive authorities of the constituent entities of the Russian Federation that carry out state regulation of prices and tariffs have the right to demand from the employer, who is a regulated organization, official confirmation from the Housing and Communal Services LLC, which makes it possible to establish the legally significant fact of the extension of the organization's rights and obligations to comply with the GTC in the manner prescribed by law. In this case, the provisions of the TTS can be applied by the tariff regulatory body in terms of social guarantees only in relation to a regulated organization that has this official confirmation.
The presence of a temporary suspension of certain provisions of the OTS for the employer, received by him in accordance with Art. 48 of the Labor Code of the Russian Federation and this Agreement must also have official confirmation.”
paragraph three clause 10.8. stated as follows:
«… If employers operating in the housing and communal services sector, within 30 calendar days from the date of official publication of the proposal to join the Agreement, have not submitted a motivated written refusal to join it, then the Agreement is considered to apply to these employers from the date of official publication of this proposal. The said refusal must be accompanied by a protocol of consultations (indicating the grounds for the refusal, in accordance with the criteria established by the Russian Tripartite Commission for the Regulation of Social and Labor Relations or another authorized body) of the employer with the elected body of the primary trade union organization uniting employees of this employer with support for refusal. In accordance with Part 3 of Article 8 of the Labor Code of the Russian Federation, it is established that without a joint decision on refusal, it is not motivated...”
add item:
10.12. Due to the fact that the Federal Law of November 24, 2014 N 358-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” introduced Part 7 in Art. 48 of the Labor Code of the Russian Federation, the parties to the JTS agreed that employers who are participants of the JTS and have received the right, in accordance with the established procedure, to temporarily suspend the operation of certain provisions (norms) of the JTS together with their primary trade union organizations at least twice a year (based on the results, for the first half-year - by October 1 of the reporting year, based on the results for the year - by April 1 of the year following the reporting year) submit to the LLC RHKK, for consideration by the Industry Commission, information on the progress of the implementation of the GTC in the form approved by the LLC RHKK.
VII. Please make the following corrections for typos and clerical errors:
- in the seventh paragraph of clause 1.5. replace the words “283-FZ” with the words “238-FZ”;
- in the last paragraph of clause 2.4. swap the words “size” and “excellent”;
- in the second paragraph of clause 2.8.2.4. replace the words “Government of the Russian Federation” with the words “Goskomtruda USSR, Secretariat of the All-Russian Central Council of Trade Unions”;
- in clause 5.2.2. change the word “requirements” to the word “requirements”.
VIII. Make changes to the applications to the OTS:
Appendix No. 1 to the Industry Tariff Agreement in the Housing and Communal Services of the Russian Federation for 2017 - 2019 shall be stated as amended by this additional agreement.
Appendix No. 2 to the Industry Tariff Agreement in the Housing and Communal Services of the Russian Federation for 2017 - 2019 shall be stated as amended by this additional agreement.
Appendix No. 3 to the Industry Tariff Agreement in the Housing and Communal Services of the Russian Federation for 2017 - 2019 shall be stated as amended by this additional agreement.
Appendix N4 to the Industry Tariff Agreement in the Housing and Communal Services of the Russian Federation for 2017 - 2019 shall be stated as amended by this additional agreement.
Appendix N5 to the Industry Tariff Agreement in the Housing and Communal Services of the Russian Federation for 2017 - 2019 shall be stated as amended by this additional agreement.
30.10.2013
Housing and communal services: industry tariff agreement for 2014-2016.
The Industry Tariff Agreement in Housing and Communal Services for 2014-2016 is provided.
On behalf of the workers, the agreement was signed by the All-Russian Trade Union of Essential Workers, on behalf of the employers - by the All-Russian Industry Association of Employers "Union of Utility Enterprises", on behalf of the Federal State Institution - by the Ministry of Regional Development of Russia.
In particular, it is stipulated that the minimum monthly wage rate for workers should be from 6,048 to 7,560 rubles. It is clarified by the parties at the end of the year and is set in accordance with the consumer price index.
Additional payments (allowances) to tariff rates and official salaries of an stimulating and (or) compensating nature related to work hours and working conditions must be at least 12.5% of the tariff component of expenses (funds) allocated for wages.
The bonus for night work is assigned in the amount of 40% of the rate (salary) for each hour, for combining professions (positions) - not less than 20% of the rate (salary) for the main job.
The provisions of the agreement must be applied when concluding individual labor and collective agreements.
The agreement comes into force on January 1, 2014 and is valid until December 31, 2016 inclusive.
Industry tariff agreement in the housing and communal services of the Russian Federation for 2014 - 2016 (has not entered into force)
1.4. Objectives of the Agreement:
Promoting the reform and modernization of the country’s housing and communal services, maintaining social stability in industry organizations;
Development of social partnership, initiatives and competition in the workforce of Organizations;
Establishment and implementation of social and labor guarantees for employees of Organizations;
Creation of conditions and mechanisms that facilitate the implementation of labor legislation of the Russian Federation in Organizations;
Increasing the competitiveness of Organizations, attracting and retaining qualified labor;
Ensuring the interests of the parties to social partnerships in the industry when setting tariffs for housing and communal services, as well as ensuring the interests of organizations carrying out unregulated activities.
1.5. This Agreement is concluded between employers and employees of Organizations represented by their authorized representatives (parties):
From employers - All-Russian industry association of employers "Union of Utility Enterprises" (hereinafter referred to as the Union of Utility Enterprises), operating on the basis of the Federal Law of November 27, 2002 No. 156-FZ "On Associations of Employers", the Charter of the Union of Utility Enterprises (registered on 10.22.2003 No. 1037739924375 in the interdistrict inspection of the Ministry of Taxes of Russia No. 46 for Moscow);
From the workers - the All-Russian Trade Union of Life Support Workers (hereinafter referred to as the Life Support Trade Union), operating on the basis of the Federal Law of January 12, 1996 No. 10-FZ "On Trade Unions, Their Rights and Guarantees of Operations", the Charter of the Life Support Trade Union (registered on August 26, 2010 with the Ministry of Justice Russia (account number 0012110145), certificate No. 278, state register No. 1037739338450 dated January 31, 2003);
From federal government agencies - the Ministry of Regional Development of the Russian Federation (hereinafter referred to as the Ministry of Regional Development of Russia).
1.6. This Agreement is a legal act that establishes general principles for regulating social and labor relations and related economic relations between employees and employers of Organizations covered by the Agreement, regardless of the form of ownership of the Organizations, general conditions of remuneration, labor guarantees and benefits for employees, and also defining the rights, duties and responsibilities of the parties to the social partnership.
1.7. The Agreement is mandatory for use when concluding collective agreements (agreements) and individual employment contracts for the Organizations to which it applies. Collective agreements in Organizations cannot include conditions that worsen the situation of employees in comparison with the conditions provided for in this Agreement. This Agreement does not limit the rights of Organizations to expand social guarantees for employees at their own expense.
In the absence of a collective agreement in the Organization, this Agreement has direct effect.
1.8. In accordance with the legislation of the Russian Federation, the expenses of employers provided for by this Agreement are taken into account by the federal executive authorities of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, including bodies in the field of state regulation of tariffs for gas, electricity and heat, and local government bodies when establishing tariffs for housing and communal services, as well as for related services provided by organizations engaged in unregulated activities.
If tariffs for gas, electricity, heat, and other housing and communal services are established without taking into account the expenses of employers provided for in this Agreement, employers have the right to adjust labor costs taking into account existing collective agreements and local regulations of the Organizations. At the same time, the employer must ensure the level of minimum wage for an employee who has fully worked during this period of working hours and fulfilled labor standards (job duties) is not lower than the minimum wage established by the regional agreement on the minimum wage.
1.9. Laws and other regulatory legal acts adopted during the period of validity of the Agreement that improve the socio-economic situation of workers complement the relevant provisions of the Agreement from the moment they enter into force.
1.10. In cases where several Agreements apply to employees at the same time, the terms of the Agreements that are most favorable for the employees are applied.
1.11. This Agreement comes into force on January 1, 2014 and is valid until December 31, 2016 inclusive.
2. Remuneration
2.1. The system of payment and incentives for labor, additional payments and bonuses of a compensatory nature (for work at night, weekends and non-working holidays, overtime work and in other cases) are established directly in the Organizations in accordance with agreements, collective agreements, and local regulations.
2.2. Employers provide:
a) remuneration of workers in accordance with qualifications, complexity of the work performed, quantity and quality of labor expended;
b) tariffication of work and assignment of qualifications to workers, specialists and employees according to the current Unified Tariff and Qualification Directory of Work and Professions of Workers, Tariff and Qualification Directory of Work and Professions of Workers in Housing and Communal Services and the Qualification Directory of Positions of Managers, Specialists and Employees;
c) adoption of local regulations relating to payment and working conditions, taking into account the opinion of the representative body of employees of the Organizations, as well as timely communication to employees of information about the applicable payment conditions;
d) timely conclusion of collective agreements, improvement of standardization and working conditions.
2.3. The minimum monthly wage rate for first-class workers who have fully worked their working hours and fulfilled their labor duties (labor standards) is established in accordance with Appendix No. 2 to this Agreement.
In the event of a discrepancy between the date of establishment of the minimum monthly tariff rate for first-class workers provided for by this Agreement and the date of change in the actual level of tariffs for electricity, heat energy, water supply and sanitation, in accordance with the decision of the Government of the Russian Federation, the employer has the right to synchronize the date of establishment of the minimum monthly tariff rate worker of the first category with the date of change in the actual level of tariffs.
Depending on the financial and economic condition of the Organization, the employer has the right to establish a minimum monthly tariff rate in the Organization in an amount exceeding the amount provided for in this paragraph.
The size of the minimum monthly wage rate is the basis for differentiation of wages for all professional and qualification groups of workers, taking into account the existing industry proportions in wage levels.
At the request of the employer or the primary trade union organization of the employer, any of the parties to the Agreement has the right to send recommendations agreed upon by the parties on tariff schedules and tariff coefficients.
2.4. The minimum tariff rate for a first-class worker is specified by the parties at the end of the year and is established in accordance with the consumer price index in the Russian Federation based on data from the Federal State Statistics Service.
If regional agreements or collective agreements of Organizations provide for indexation of the minimum monthly tariff rate of a first-class worker quarterly, then its size can be established in accordance with the recommendations of the Union of Public Utilities and the Life Support Trade Union, adopted on the basis of consumer price indices for goods and services for the past quarter , determined by the Federal State Statistics Service. Recommendations on quarterly indexation are brought to the attention of Organizations by a joint letter from the Union of Public Utility Enterprises and the Life Support Trade Union, indicating the relevant document of the Federal State Statistics Service.
2.5. Organizations independently establish a bonus system for employees, which takes into account:
a) production efficiency and improvement of financial and economic activity results;
b) no accidents or increase in incidents in the reporting year compared to the previous calendar year;
c) no increase in injuries in the reporting year compared to the previous calendar year;
d) absence of fatal accidents at work;
e) timely receipt of the Organization’s readiness passport for the autumn-winter period;
f) absence of violations of production discipline, labor protection and safety regulations.
2.6. Payment for downtime through no fault of the employee is made in the amount provided for by the legislation of the Russian Federation.
If there are financial opportunities, the Organization may provide for payment for downtime through no fault of the employee in the amount of his average monthly salary.
2.7. Employers' expenses for remuneration of employees and other expenses related to labor relations, for inclusion in tariffs, are formed taking into account:
a) expenses (funds) for labor costs;
b) other expenses associated with the production and sale of products and services;
c) costs associated with fulfilling the terms of this Agreement;
d) expenses provided for by other documents regulating relations between employers and employees.
2.8. Expenses (funds) allocated for wages are calculated based on the standard number of employees, taking into account the standard number of newly introduced facilities, and include:
2.8.1. The tariff component of expenses (funds) allocated for wages, which is calculated based on the amount of monthly tariff rates (official salaries).
2.8.2. Funds allocated for bonuses to employees, additional payments, allowances and other payments as part of funds for wages, which are formed in accordance with collective agreements. These tools include:
2.8.2.1. additional payments (allowances) to tariff rates and official salaries of an stimulating and (or) compensating nature related to the work schedule and working conditions - in the amount of at least 12.5 percent of the tariff component of expenses (funds) allocated for wages. This category includes the following additional payments (allowances), payments and benefits:
a) for work at night - in the amount of 40 percent of the tariff rate (official salary) for each hour of work;
b) for working in heavy work, work with harmful and (or) dangerous and other special conditions labor - based on the results of certification of workplaces and assessment of working conditions there;
c) for the traveling nature of the work;
d) for combining professions (positions), expanding service areas or increasing the volume of work performed (for high intensity and intensity of work), performing the duties of a temporarily absent employee without release from his main job are established by agreement of the parties to the employment contract, but not less than 20 percent of the tariff rates (official salary) for the main job;
e) for work on weekends and non-working holidays, for overtime work - no less than double the amount for overtime work, compensation is possible with additional rest time, but not less than the time worked overtime;
f) for the management of a team by foremen from among the workers, work producers who are not exempt from their main work - in an amount depending on the number of people in the team;
g) additional payment for work according to a schedule with the shift divided into parts - in the amount of at least 30 percent of the tariff rate for the time worked in the shift;
h) in the case of cumulative accounting of working hours, remuneration for work on a day off in excess of the work schedule of a particular employee is double the amount based on the results of work for the accounting period or, at the request of the employee, another day of rest is provided;
i) payment of time for shift acceptance by employees of Organizations working on equipment operated in non-stop mode;
The specific duration of time and the procedure for its payment are established directly in the Organizations;
j) other payments related to working hours and working conditions, provided for by local regulations, collective agreements, labor contracts, which the employer has the right to attribute to wage costs on the basis of the legislation of the Russian Federation;
2.8.2.2. additional payments (allowances) of an incentive nature, the amount and procedure for establishing which are determined directly by the Organization, including:
a) personal bonuses to workers for professional excellence and high achievements in work;
b) personal bonuses for managers, specialists and employees (technical performers) for a high level of qualifications;
c) other incentive payments provided for by collective agreements, local regulations, employment contracts, which the employer has the right to attribute to labor costs on the basis of the legislation of the Russian Federation;
2.8.2.3. bonuses for the main results of production and economic (financial and economic) activities - in the amount established by the collective agreement, local regulations within 50% of the tariff component of expenses (funds) allocated for wages. If there is financial opportunity, the employer can increase the amount of the bonus.
The bonus is calculated based on the tariff rate (official salary), in accordance with current legislation;
2.8.2.4. based on the results of work for the year, based on the results of activities in the reporting period, in accordance with the collective agreement, within 33% of the tariff component of expenses allocated for wages (3.96 official salary for the full year);
2.8.2.5. monthly remuneration for length of service, in accordance with the collective agreement, within 15% of the tariff component of expenses allocated for wages;
2.8.2.6. other types of bonuses for employees, including according to the indicators provided for in paragraph 2.5 of this Agreement;
2.8.2.7. compensation payments for work outside the place of permanent residence or in areas with special climatic conditions, carried out in accordance with the legislation of the Russian Federation:
a) allowances for shift work (in Organizations where it is used);
b) payments related to the provision of guarantees and compensation to employees working in the Far North and equivalent areas, including:
Payments according to regional coefficients and coefficients for work in difficult natural and climatic conditions in an amount not lower than that established by the legislation of the Russian Federation;
Percentage allowances for continuous work experience in the Far North and other areas with difficult natural and climatic conditions in an amount not lower than that established by the legislation of the Russian Federation;
Expenses for travel of employees and persons supported by these employees to the place of use of vacation on the territory of the Russian Federation and back (including expenses for transportation of luggage of employees of organizations located in the regions of the Far North and equivalent areas) in accordance with the procedure approved by the Organization;
Other compensation payments related to work in special climatic conditions and provided for by the legislation of the Russian Federation.
2.9. Remuneration for managers, specialists and employees is made on the basis of official salaries established in accordance with the position and qualifications of the employee.
Remuneration for the work of the heads of Organizations is made in accordance with the current labor legislation and other regulatory legal acts containing labor law norms.
A change (increase) in the official salary of a manager is made simultaneously with an increase in the tariff rates of the Organization. Bonuses for the heads of organizations that do not have a profit can be made at the expense of funds for wages attributed to the cost of work (services).
The specific procedure and amount of bonuses are determined by the local regulations of the Organization.
2.10. Wages are paid at least every half month on the day established by the internal labor regulations of the Organization, the collective agreement, and the employment contract.
2.11. Delays in payment of wages are a violation of the law, this Agreement and entail liability for the employer in accordance with the legislation of the Russian Federation.
In case of delay in payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid. The time of suspension of work in case of delay in payment of wages for a period of more than 15 days is paid in the amount of average earnings.
2.12. It is not permitted to suspend work by employees whose job responsibilities include performing work directly related to ensuring the livelihoods of the population (energy supply, heating and heat supply, water supply, gas supply), as well as servicing equipment, the shutdown of which poses an immediate threat to the life and health of people.
2.13. The introduction and revision of norms and standards, the introduction of new or changes in wage conditions are carried out by the employer, taking into account the motivated opinion of the trade union organization within the time limits provided for by labor legislation.
Employees must be notified of changes no later than two months in advance.
3. Working time and rest time
3.1. The schedule of working hours and rest time is established by the internal labor regulations of the Organization.
The normal working hours of employees cannot exceed 40 hours per week. With a five-day work week, employees are given two days off, and with a six-day week, employees are given one day off per week.
3.2. When drawing up shift schedules, the employer takes into account the opinion of the representative body of the Organization’s employees. Working two shifts in a row is prohibited.
The duration of scheduled working hours during the accounting period should not exceed the normal number of working hours.
Shift schedules are brought to the attention of employees no later than one month before they come into effect.
For work whose intensity is not the same throughout the working day (shift), the working day can be divided by the employer into parts on the basis of a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization.
3.3. In Organizations, the suspension of work of which is impossible due to production and technical conditions or due to the need for constant continuous service to consumers of housing and communal services, days off are provided on different days of the week in turn to each group of workers according to shift schedules approved by the employer, taking into account the opinion of the representative body of the Organization's employees.
3.4. In addition to the annual additional paid leave provided for by the legislation of the Russian Federation, if financially feasible, employees are provided with additional paid leave on the following grounds:
a) birth of a child;
b) own wedding, children’s wedding;
c) death of a spouse, family members (children, parents, siblings).
The mother (father) or other person (guardian, trustee) raising a child - a student of primary school (grades 1-4) is granted an additional one-day paid leave on Knowledge Day (September 1).
The procedure and conditions for granting vacations provided for in this paragraph are established directly in the Organizations.
3.5. Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions associated with adverse effects on human health harmful factors, in accordance with the current list of productions, works, professions and positions, work in which gives the right to additional paid leave for work with harmful and (or) dangerous working conditions, taking into account the List of productions, workshops, professions and positions with hazardous working conditions, work which gives the right to additional leave and a shortened working day, approved by Resolution of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22.
The decision on the provision and duration of additional paid leave to employees engaged in work with harmful and (or) dangerous working conditions is made on the basis of the results of certification of workplaces, taking into account the actual state of working conditions at workplaces in accordance with state regulatory labor protection requirements.
The procedure for providing additional paid leave provided for in this paragraph is established directly in the Organizations.
3.6. Annual additional paid leave is provided to employees with irregular working hours. The duration of vacations is determined by a collective agreement or local regulations and is adopted taking into account the opinion of the representative body of employees.
3.7. The duration of seasonal work in the life support systems of the population is determined by the period of provision of the corresponding services. The peculiarity of such seasonal work is provided for by regional industry tariff agreements and collective agreements of Organizations.
This Agreement establishes a List of seasonal work, which can be carried out during a period (season) which includes:
a) production, transmission and sale of thermal energy (heating period);
b) ensuring the safety of property and equipment for the production, transmission and sale of thermal energy (non-heating period).
The heating period is approved by the executive authorities of the constituent entities of the Russian Federation. Non-heating period - a period of work outside the heating period.
3.8. Organizations celebrate professional days and holidays established by the legislation of the Russian Federation.
4. Labor protection
4.1. Employers provide in the field of labor protection:
4.1.1. Compliance with norms and rules, carrying out activities in the field of labor protection in accordance with the legislation of the Russian Federation.
4.1.2. Compliance of the regulatory and technical documentation of the Labor Protection Organization with regulatory legal acts containing labor protection requirements.
4.1.3. Timely conduct of periodic certification of workplaces for working conditions with measurements of parameters of harmful and dangerous factors, development of measures and adoption of measures to reduce parameters to standard values.
4.1.4. Informing employees about working conditions in the workplace and compensation for working in hazardous working conditions.
4.1.5. Training workers in safe methods and techniques for performing work, conducting timely briefings and testing knowledge of the requirements of labor protection standards and regulations.
4.1.6. Issuing certified work clothing, safety footwear and other personal protective equipment to employees in accordance with established standards. A specific list of mandatory special clothing, safety footwear, including warm footwear, and other personal protective equipment, as well as standards for their issuance, are established in the collective agreement. Work without appropriate protective clothing, safety shoes and other personal protective equipment is prohibited.
4.1.7. Issuance of milk or other equivalent food products to workers in accordance with the order of the Ministry of Health and Social Development of Russia dated February 16, 2009 No. 45n “On approval of the norms and conditions for the free issuance of milk or other equivalent food products to employees engaged in work with hazardous working conditions, the Procedure for making compensation payments in an amount equivalent to the cost of milk or other equivalent food products, and a List of harmful production factors, under the influence of which it is recommended to consume milk or other equivalent food products for preventive purposes."
4.1.8. Conducting mandatory preliminary and periodic medical examinations of employees in accordance with legal requirements.
4.1.9. Conducting an analysis of the causes of accidents and occupational diseases, developing and implementing preventive measures to prevent them.
4.1.10. Investigation and recording of industrial accidents in accordance with current legislation and timely reporting of information about accidents to the territorial organizations of the Trade Union.
4.1.11. Implementation of compulsory social insurance of workers against industrial accidents and occupational diseases.
4.1.12. Preventing workers of established categories from performing their job duties without undergoing mandatory medical examinations, as well as in the case of medical contraindications.
4.1.13. Taking measures to prevent emergency situations, preserve the life and health of workers in the event of such situations, including providing first aid to victims.
4.1.14. Fulfilling the instructions of officials of state supervision and control bodies over compliance with labor protection requirements within the time limits established by law.
4.1.15. Consideration of the representations of the labor protection commissioner of primary trade union organizations in accordance with collective agreements or local regulations.
4.1.16. Training of authorized persons on labor protection at least once a year, providing them with regulatory and technical literature, rules and instructions on labor protection.
4.1.17. Retention of employees' place of work, position and average earnings during the suspension of work due to violation of labor protection legislation and regulatory safety requirements through no fault of theirs.
4.1.18. Together with primary trade union organizations, holding competitions for the title “Best Occupational Safety and Health Commissioner”.
4.2. Primary trade union organizations in the field of labor protection:
4.2.1. Organize control over compliance with the legal rights and interests of workers in the field of labor protection through the relevant commissions and labor protection commissioners.
4.2.2. Provide annual control over the development and implementation of labor protection agreements.
4.2.3. They provide advisory assistance to employees on issues of labor conditions and safety, on the provision of benefits and compensation for harmful working conditions, as well as in cases of injury as a result of industrial accidents.
4.2.4. Contribute to the implementation of measures aimed at improving labor safety conditions and reducing occupational injuries.
4.3. Employers provide employees with the following benefits, guarantees and compensation in the manner and on the terms determined directly by the Organizations:
4.3.1. Payment of a one-time benefit in the following cases:
a) the death of an employee at work through the fault of the employer for each of his dependents (children under the age of 18, spouse in the absence of independent income and disabled people who are dependent on the employee) in the amount of the annual earnings of the deceased, but not less than 300 thousand rubles per all dependents in aggregate (the benefit is distributed in equal parts to each dependent);
b) establishment of disability as a result of injury due to the fault of the employer or occupational disease in the amount of:
For disabled people of group 1, at least 75 percent of annual earnings;
For disabled people of group 2, at least 50 percent of annual earnings;
For disabled people of group 3, at least 30 percent of annual earnings.
4.3.2. Supplement to the labor disability pension for a non-working disabled person who has become disabled as a result of injury due to the fault of the employer, children under the age of 18, or an employee who died at work.
4.4. The employer, in accordance with the established procedure, makes expenses for providing normal conditions labor, implementation of labor protection and safety measures provided for by the legislation of the Russian Federation, including:
4.4.1. Expenses associated with the purchase and free issuance of special clothing, special shoes and other personal protective equipment, flushing and neutralizing agents (according to standards not lower than those provided for by the legislation of the Russian Federation).
4.4.2. Expenses associated with the purchase and free distribution of milk and other equivalent food products (according to standards not lower than those provided for by the legislation of the Russian Federation).
4.4.3. Costs associated with carrying out workplace certification activities.
4.4.4. Expenses in the amount of at least 0.2 percent of the amount of production costs (work, services) associated with carrying out activities aimed at improving labor conditions and safety.
4.4.5. Costs associated with carrying out mandatory medical examinations(surveys) of workers.
4.4.6. Expenses for sanitary, household, medical and preventive services for workers in accordance with labor protection requirements.
4.4.7. Other expenses related to ensuring safe working conditions for workers.
5. Employment
5.1. Employers, with the participation of primary trade union organizations, pursue an employment policy based on increasing labor mobility within the Organization (including combining professions and positions, internal part-time work), the effectiveness of professional activities and the constant growth of the professional qualification level of each employee, the development and preservation of human resources in economically viable jobs and promoting the employment of displaced workers. At the same time, it is possible to attract migrants to work in accordance with the current legislation of the Russian Federation.
Employers do not allow unjustified job cuts.
5.2. Employers provide:
5.2.1. Retention of the employee's average monthly salary for the entire period of study when sending him to vocational training, retraining and advanced training outside of work.
5.2.2. Providing work in their specialty to graduates of educational institutions of primary, secondary, and higher vocational education in accordance with concluded training agreements.
5.2.3. Use the following opportunities to minimize reductions in headcount or workforce:
a) natural outflow of personnel (own desire, retirement, etc.);
b) retraining of personnel, their movement within the Organization.
5.2.4. Providing employees who are dismissed from branches, representative offices and other separate structural divisions of the Organization due to a reduction in staff or number of employees, information about vacancies in other branches, representative offices, and other separate divisions of this Organization.
5.2.5. Providing released workers with the opportunity to retrain in new professions before the termination of the employment contract while maintaining the average salary for the entire period of training.
5.2.6. Providing employees who have been warned of dismissal in connection with a decision to liquidate the Organization, reduce the number or staff, information about sending, in accordance with the procedure established by law, to the employment service authorities a written message about the implementation of appropriate measures to assist in their employment, as well as paid time for job search in the manner established directly in the Organizations.
5.2.7. Providing the opportunity for retraining, employment and establishing preferential conditions and working hours for workers who have lost their ability to work due to injury or occupational disease, in accordance with medical recommendations.
5.2.8. Reservation for employees who worked before conscription (entry) to military service in a given organization for three months after dismissal from military service, the right to go to work in the same organization, and for those who served in conscription (including officers called up for military service in accordance with the decree of the President of the Russian Federation) - also the right to a position not lower than that held before conscription for military service (clause 5 of Article 23 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”) subject to the financial capacity of the Organization.
5.3. Primary trade union organizations undertake:
5.3.1. Conduct mutual consultations with the employer on employment issues.
5.3.2. Contribute to the implementation of explanatory work on the implementation of measures taken during the reform of housing and communal services, on social and labor adaptation of employees of Organizations and providing them with psychological support.
5.4. The criterion for mass dismissal of workers when reducing the number or staff of the Organization’s employees is the dismissal of more than 10% of the Organization’s employees at a time.
5.5. When reorganizing Organizations, the procedure for continuing labor relations is applied, provided for in Part 5 of Art. 75 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). When the Organization is reorganized or the owner of the Organization's property changes, labor relations with the consent of the employee continue; in these cases, termination of the employment contract at the initiative of the employer is possible only in accordance with current legislation.
5.6. The procedure for continuing labor relations during the reorganization of Organizations is implemented in accordance with the Labor Code of the Russian Federation.
5.7. Employers undertake:
a) notify the elected bodies of primary trade union organizations about the upcoming reorganization and provide them with information about the decision on reorganization made by the authorized management body of the Organization within 20 days from the date of adoption of the relevant decision, but not less than 2 months before the start of the reorganization;
b) submit to the elected bodies of primary trade union organizations in writing information about a reduction in the number or staff of the Organization’s employees no later than 2 months before the start of the relevant activities, and in the case of mass layoffs - no later than 3 months before the start of the relevant activities. The moment of commencement of “relevant measures” must be considered the date of sending a written warning to employees about dismissal due to a reduction in numbers or staff (Part 2 of Article 180 of the Labor Code of the Russian Federation);
c) when reducing the number of employees, do not allow workers of pre-retirement age (2 years before the pension date), single mothers, women with children under 8 years of age, parents raising disabled children with 3 or more children to be dismissed without employment ;
d) termination of an employment contract at the initiative of the employer on the grounds provided for in paragraphs. 2, 3, 5 tbsp. 81 of the Labor Code of the Russian Federation, with an employee who is a member of a trade union, take into account the reasoned opinion of the elected body of the primary trade union organization (Article 82 of the Labor Code of the Russian Federation, paragraph 4 of Article 12 of the Federal Law of January 12, 1996 No. 10-FZ “On trade unions, their rights and performance guarantees").
5.8. Primary trade union organizations undertake:
a) explain to employees the specifics of the procedure for continuing labor relations within the framework of reforming the housing and communal services;
b) facilitate employees’ decision-making on the continuation of labor relations and their adaptation to work in the reorganized Organizations;
c) facilitate the adoption by laid-off employees of the Organization of decisions on the possibility of retraining in new professions before the deadline for termination of the employment contract.
5.9. In the event of termination of an employment contract with an employee who is subject to dismissal due to a reduction in personnel or staff, in connection with the liquidation of the Organization, the employer pays him all types of remuneration due to employees of the Organization and of a quarterly, semi-annual, annual and other nature, in amounts proportional to the time worked, and also makes compensation payments, monetary rewards in the manner and on the terms set forth in compensation agreements or collective agreements operating directly in the Organizations:
a) for dismissed employees - at least 3 times the average monthly salary;
b) employees of pre-retirement age, but no more than two years before the statutory retirement date - payment of a monthly benefit in the amount of twice the minimum tariff rate in the Russian Federation, but not lower than the subsistence level in the region until retirement age or the moment of employment ;
c) for employees of retirement age - in the amount of at least 3 times the average monthly salary, and for those dismissed from organizations located in the Far North and equivalent areas - in the amount of at least 9 times the average monthly salary;
d) dismissed employees who have two or more children under the age of 18 - in the amount of at least 5 times the average monthly salary;
e) for dismissed employees whose family has no other breadwinners - in the amount of at least 5 times the average monthly salary;
f) employees dismissed from organizations located in the Far North and equivalent areas - in the amount of at least 8 times the average monthly salary.
If an employee has the right to receive several payments provided for in this paragraph, only one payment is made at the employee’s choice.
5.10. At the request of the employee, payments can be replaced with payment for his retraining if the educational institution is located on the territory of the constituent entity of the Russian Federation where the employee lives, but not in excess of the costs determined by the specified payments.
6. Social protection
6.1. Organizations, based on their financial capabilities, provide for the provision of the following benefits, guarantees and compensation in the manner and on the terms established directly by the Organization:
6.1.1. Partial (but not less than the subsistence level of the working-age population) or full compensation of expenses confirmed by relevant documents:
a) related to the burial of deceased employees;
b) related to the burial of close relatives of employees (spouse, children, parents);
c) related to the burial of veterans of the Organization (the procedure for classifying persons as veterans is determined directly by the Organizations).
6.1.2. Voluntary health insurance and long-term life insurance for employees.
6.1.3. Non-state pension provision and voluntary pension insurance for employees in accordance with the non-state pension provision program adopted by the Organization.
6.1.4. Payment of financial assistance:
a) when an employee goes on annual basic paid leave in the amount established by the collective agreement. Payment on this basis is made no more than once per working year;
b) upon dismissal of an employee from the Organization at his own request after the establishment of an old-age pension (taking into account the length of service and the period of dismissal after retirement age);
c) upon the birth of a child - no less than the minimum monthly wage of a first-class worker;
d) when registering a marriage (if the marriage is registered for the first time) - no less than the minimum monthly wage of a first-class worker;
e) upon dismissal of an employee in connection with conscription for military service in the Armed Forces of the Russian Federation, other troops, military formations and bodies, as well as for the initial establishment of a household for citizens dismissed after completing military service by conscription and accepted to their previous place of work.
6.1.5. Partial or full compensation of confirmed employee expenses:
6.1.6. One-time payment in excess of the norms established by the legislation of the Russian Federation, in the event of the death of an employee from a general illness or a domestic accident, to the family of the deceased who presented a death certificate, in the amount of at least 7,500 rubles.
6.1.7. Payment of one-time remuneration to employees awarded industry awards and honorary titles.
6.1.8. An increase in monthly compensation for employees on paid parental leave before the child reaches the age of 3 years.
6.1.9. Participation in improving the housing conditions of employees on mortgage lending terms.
6.1.10. Partial compensation for the increase in the cost of food in workers' canteens, as well as the cost of travel to the place of work.
6.1.11. A fifty percent discount to industry employees on the established fee for housing and communal services in the manner and on the terms determined directly by the Organizations.
6.1.12. Providing paid leave based on the tariff rate (official salary) for the period specified in the collective agreement: on Knowledge Day, at the birth of a child, one’s own wedding or the wedding of children and other cases.
6.1.13. Provision of vehicles at the expense of the Organization for organizing recreation for workers, as well as for cultural events. The procedure and conditions for providing these payments are established directly in the Organizations.
6.2. The employer undertakes:
6.2.1. Provide state social insurance for all employees in accordance with current legislation.
6.2.2. Timely transfer insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, and the Federal Compulsory Medical Insurance Fund.
6.2.3. Freely provide information to employees about the calculation of insurance contributions to the Pension Fund of the Russian Federation (Article 15 of the Federal Law of December 15, 2001 No. 167-FZ “On compulsory pension insurance in the Russian Federation”), as well as other social funds.
6.2.4. Incur expenses for training, retraining and advanced training of workers, including mandatory training and retraining of production and technical personnel.
6.2.5. Carry out expenses for payment of temporary disability benefits due to illness (except for occupational diseases) in accordance with current legislation.
6.2.6. Incur other expenses associated with the production and (or) sale of products and services provided for by the legislation of the Russian Federation.
6.3. The employer incurs expenses to improve relationships in the field of social partnership in order to regulate social and labor relations, which include transfers of funds in the form of amounts of voluntary membership fees (including entrance fees), as well as other expenses provided for by this Agreement, other agreements in the field of social partnerships, including regional industry agreements, collective agreements and local regulations of the Organization, labor contracts concluded with employees and exceeding the level of obligations established by the legislation of the Russian Federation.
6.4. Employers provide social protection for women and people with family responsibilities:
6.4.1. Women working in rural areas are provided, upon their written application, with one additional day off per month without pay (Article 262 of the Labor Code of the Russian Federation).
6.4.2. In accordance with the Resolution of the Supreme Council of the RSFSR dated November 1, 1990 No. 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas,” a 36-hour working week is established in organizations located in rural areas. In this case, wages are paid in the same amount as for the full duration of weekly work (40 hours).
6.4.3. One of the working parents (guardian, trustee) to care for disabled children, upon their written application, is provided with 4 additional paid days off per month. Payment for each additional day off is made in the amount of average earnings from the Social Insurance Fund of the Russian Federation (Article 262 of the Labor Code of the Russian Federation).
6.4.4. When undergoing mandatory medical examinations in medical institutions, pregnant women retain their average earnings at their place of work (Article 254 of the Labor Code of the Russian Federation).
6.4.5. At the request of a pregnant woman, one of the parents (guardian, custodian) with a child under 14 years of age (disabled child under 18 years of age), or a person caring for a sick family member in accordance with a medical report, they are assigned part-time work or part-time work. In these cases, remuneration is made in proportion to the time worked or depending on the amount of work performed (Article 93 of the Labor Code of the Russian Federation).
6.4.6. Ensure working conditions and labor protection for women and youth (teenagers), for which:
a) carry out priority certification of the workplaces of women and adolescents based on working conditions;
b) carry out measures to mechanize manual and heavy physical work to ensure the norms of maximum permissible loads for women and adolescents established by Resolution of the Council of Ministers - Government of the Russian Federation dated 02/06/1993 No. 105;
c) limit the use of women in heavy work and work with harmful and dangerous working conditions (Article 253 of the Labor Code of the Russian Federation).
d) exclude the use of labor by persons under 18 years of age in work with harmful and (or) dangerous working conditions, in underground work, as well as in work the performance of which may cause harm to their health (Article 265 of the Labor Code of the Russian Federation).
6.5. An employee with two or more children under the age of 14, an employee with a disabled child under the age of 18, a single mother raising a child under the age of 14, a father raising a child under the age of 14 without a mother, a collective agreement annual additional leaves without pay may be established at a time convenient for them, lasting up to fourteen calendar days. The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed (Article 263 of the Labor Code of the Russian Federation).
6.6. Employers provide social protection for young people: they create the necessary legal, economic, everyday and organizational conditions and guarantees for the professional development of young workers, promoting their spiritual, cultural and physical development. Employers undertake:
6.6.1. Restore and improve the system of training, retraining and advanced training of young personnel, and provide for the allocation of funds for these purposes in collective agreements.
6.6.2. Approve the Regulations on Mentoring in the Organizations, assign mentors to all young employees no later than 6 months from the start of their work and pay mentors a salary bonus of at least 10% of the salary.
6.6.3. Provide young workers who combine work with study in vocational educational institutions, and employees entering these institutions, with guarantees and benefits in accordance with current legislation.
6.6.4. Provide minor workers with reduced working hours with wages in the same amount as employees of the corresponding categories with the full duration of daily work.
6.6.5. Promote the creation of youth organizations in Organizations (councils of young professionals, youth commissions of trade union organizations, other forms of youth self-government).
6.7. Organizations, based on their financial capabilities, provide for the provision of the following benefits, guarantees and compensation in the manner and on the terms established directly by the Organization:
6.7.1. Providing young families from the Organization's fund with long-term preferential or interest-free loans, loans for the construction and purchase of housing, durable household items, and for paid education in educational institutions.
6.7.2. Providing young parents raising two or more children (at their request) with one day off from work every month, paid from the Organization’s profit in the amount of the tariff rate.
6.7.3. Providing young workers and their families with the necessary conditions for physical education, sports, and amateur artistic activities.
6.8. The primary bodies of trade union organizations undertake:
6.8.1. To promote the creation in the Organization of appropriate conditions for advanced training and general educational level of youth.
6.8.2. Promote the creation of youth organizations and a youth fund in the Organizations and attract funds to it.
6.8.3. Request additional guarantees, benefits and compensation to keep young people employed in comparison with current legislation.
6.8.4. Provide financial assistance to young workers at the expense of the trade union organization.
7. Social partnership, guarantees and principles of cooperation between the parties
7.1. Union of Public Utilities and Life Support Trade Union:
7.1.1. Exercise joint control over the implementation of this Agreement.
7.1.2. Provide each other with the information necessary to analyze the progress of implementation of this Agreement, consider issues of introducing amendments and additions to it, as well as develop subsequent agreements.
7.1.3. Consider issues not included in this Agreement and conduct mutual consultations.
7.1.4. They inform each other about the adoption of local regulations containing labor law standards.
7.1.5. Take measures to resolve collective labor disputes.
7.1.6. They interact in matters of nominating particularly distinguished employees for state awards and conferring honorary titles of the Russian Federation, awarding certificates of honor from federal executive bodies, the Central Committee of the Life Support Trade Union.
7.1.7. Submit proposals to the Government of the Russian Federation to resolve labor and socio-economic issues, taking into account the peculiarities of work and life of workers in the relevant fields of activity.
7.1.8. Participate in the manner prescribed by law in the preparation of draft normative legal acts on issues affecting the social, labor and economic interests of workers in the life support system of the population.
7.1.9. Participate in the development and contribute to the implementation of government programs and projects for socio-economic development and reform of housing and communal services, attracting investment in this area, strengthening its material and technical base.
7.1.10. The relevant authorities are working on issues to ensure timely financing of housing and communal services and the adoption of economically justified tariffs in terms of costs for labor, labor protection, social security, as well as other issues within the framework of this Agreement.
7.1.11. In accordance with paragraph 2.4 of this Agreement, the minimum monthly wage of first-class workers is established, which is mandatory in all industry organizations that are parties to the Agreement.
7.2. Union of Public Utilities:
7.2.1. Receives from its members information on the amount of the minimum monthly wage for first-class workers established in the Organization, other information necessary to monitor the implementation of this Agreement, analyzes the information received, conducts preliminary negotiations with the Organizations on the amount of the minimum monthly wage and the amount of indexation.
7.2.2. Carries out work among its members aimed at ensuring non-interference in the activities of trade union organizations, if it does not contradict the provisions of the legislation of the Russian Federation, as well as compliance with the guarantees of the activities of trade union organizations established by the legislation of the Russian Federation.
7.2.3. Provides employers with consulting assistance on the implementation of this Agreement.
7.2.4. Summarizes the experience of reforming Organizations, develops mechanisms aimed at optimal solution issues in the field of social and labor relations during the period of reform of Organizations, takes part, if necessary, in events carried out as part of the reform of the industry.
7.2.5. Ensures the organization of training seminars and meetings for the purposes of implementing this Agreement.
7.2.6. Provides employers with consulting assistance in organizing retraining of employees of Organizations (at the request of employers).
7.2.7. Promotes the creation of organizations of the Life Support Trade Union in Organizations where they have not yet been created, promotes the development of collective contractual relations with the Life Support Trade Union at all levels of social partnership, and also, within its competence, provides support to the Life Support Trade Union in activities to implement its main statutory goals and objectives.
7.2.8. Provides employers with assistance in working with trade union organizations (regional, organizations).
7.2.9. Exercises other rights and fulfills other obligations established by the legislation of the Russian Federation and this Agreement.
7.3. Life support union:
7.3.1. Does not interfere and ensures the non-interference of its structural divisions in the operational and economic activities of employers, if this activity does not create a threat to the life and health of employees and does not contradict the provisions of the legislation of the Russian Federation and this Agreement.
7.3.2. Represents the individual interests of members of the Life Support Trade Union, as well as workers who are not its members, on the terms of a monthly deduction of 1% of the workers' wages to the Life Support Trade Union.
7.3.3. Promotes the adaptation of workers to work in the conditions of industry reform, the continuation of labor relations of workers in reorganized organizations.
7.3.4. Provides trade union organizations with consulting and other assistance on the development and adoption of collective agreements, issues of social and labor relations and labor protection, employment and the settlement of collective labor disputes.
7.3.5. Through his actions he defends the interests of workers in the field of social and labor relations.
7.3.6. Takes measures to reduce social tension in work collectives, strengthen labor and production discipline, increase the sustainability of the life support systems of the population, the competitiveness of Organizations and the productivity of workers, and works to protect the legal, social and professional interests of workers.
7.3.7. Carries out constant monitoring of compliance with the labor legislation of the Russian Federation and compliance with the provisions of this Agreement.
7.3.8. Provided employers comply with labor legislation, as well as this Agreement, they undertake not to organize or participate in organizing strikes and mass protests of workers.
If there are grounds for the emergence of collective labor disputes or other protest actions, together with the employer and (or) the association of employers, prevents and (or) constructively resolves labor disputes at all stages of their resolution.
7.3.9. Provides an appropriate level of training for trade union labor inspectors.
7.3.10. Takes measures to prevent the disclosure of information that is a commercial, official or other secret protected by law, received for conducting collective negotiations to conclude agreements and monitor their implementation. In cases of disclosure of commercial, official or other secrets protected by law, the Life Support Trade Union and its representatives bear responsibility established by the legislation of the Russian Federation.
7.3.11. Exercises other rights and fulfills other obligations established by the legislation of the Russian Federation and this Agreement.
7.4. Employers undertake:
7.4.1. Comply with the provisions of this Agreement.
7.4.2. Comply with the rights of the trade union established by the legislation of the Russian Federation and this Agreement.
7.4.3. Do not interfere with the activities of primary trade union organizations, if they do not contradict the provisions of the legislation of the Russian Federation, and also do not issue orders and regulations restricting such activities.
7.4.4. Provide, upon personal written applications from employees, a free transfer of funds from wages (simultaneously with the payment of wages) to the account of the trade union organization.
7.4.5. Provide, at the request of the Union of Public Utilities, information on the amount of the minimum monthly wage for first-class workers established in the Organization (once every six months), and other information necessary to monitor the implementation of this Agreement.
7.4.6. Provide the primary trade union organization with the information necessary for collective bargaining.
7.4.7. Conclude collective agreements in a timely manner, assist in communicating to the employees of the Organization the contents of the collective agreement concluded in the Organization.
7.4.8. To perform public duties in the interests of the collective, as well as during trade union studies, provide trade union workers who are not exempt from their main work, including authorized persons for labor protection, time off from work while maintaining average earnings. The specific duration of release from work and the list of trade union workers are established directly in the Organizations.
7.4.9. Provide representatives of trade union organizations with the opportunity unhindered access to all workplaces in Organizations (with the exception of workplaces requiring special access in accordance with current legislation) to implement the statutory tasks and rights granted by law, obtain information necessary for the conduct of collective agreements, on issues of payment, labor protection, employment and other social issues , on the implementation of collective agreements and this Agreement.
7.4.10. Provide primary trade union organizations operating in the Organization with free use for work and holding meetings of employees, office and other necessary premises with equipment, heating, lighting, cleaning, vehicles, office equipment, communications equipment and the necessary regulatory legal documents in accordance with the collective agreement.
7.4.11. To extend, at the expense of the employer, to employees released from their main jobs in connection with election (including repeatedly) to the elective bodies of the primary trade union organization, benefits, types of bonuses, remunerations (including those paid upon retirement) established for employees of Organizations on the terms and in the manner prescribed by law.
7.4.12. Provide employees who are released from their main work in the Organization due to election to elective positions in the elected body of the Trade Union with life support after the end of their elective powers old job(position), and in its absence - other equivalent work (position).
7.4.13. Transfer funds in the form of membership fees, including entrance fees, to the Union of Public Utility Enterprises, as well as funds to territorial organizations of the trade union for carrying out socio-cultural and other events provided for by the statutory activities, in the amount and manner established by the collective agreement.
7.4.14. Deduct cash trade union bodies for the organization of cultural, educational, physical education and recreational activities in the amount of at least 0.3% of the wage fund on the terms and in the manner provided for by the collective agreements of the Organizations.
7.4.15. Bear the costs associated with extending to trade union workers released from their main jobs in connection with election to the elective body of the primary trade union organization, benefits, types of bonuses and remuneration established for employees of Organizations.
7.4.16. Perform other duties provided for in this Agreement.
7.5. Primary trade union organizations of the Life Support Trade Union undertake to:
7.5.1. Comply with the provisions of this Agreement.
7.5.2. Do not interfere with the operational and economic activities of employers if this activity does not pose a threat to the life and health of employees.
7.5.3. Do not disclose and take measures to protect information classified as commercial, official or other secret protected by law that was received from employers. In cases of disclosure of commercial, official or other secrets protected by law, trade union organizations and their representatives bear responsibility established by the legislation of the Russian Federation.
7.5.4. Carry out constant monitoring of compliance with the labor legislation of the Russian Federation, the implementation of this Agreement and collective agreements in the Organizations.
7.5.5. To facilitate the implementation by the employer of health-improving measures aimed at preventing and reducing general and occupational morbidity, preventing accidents at work and at home, preventing the spread of infectious and other diseases.
7.5.6. To contribute to improving the quality, reliability of housing and communal services and increasing the competitiveness of Organizations by improving the quality of work, the efficiency of equipment use, saving fuel, raw materials and materials at each workplace.
7.5.7. Carry out explanatory work among employees on compliance with working hours, occupational safety and health requirements, and the prevention of occupational injuries.
7.5.8. Contribute to the creation of favorable social and labor relations in teams, strengthening production and labor discipline, coordination of socio-economic interests of workers and employers.
7.5.9. Participate in resolving issues regarding timely payment of labor, establishing a minimum wage not lower than the minimum wage in the Russian Federation.
7.5.10. Make efforts to develop initiative and competition among employees.
7.5.11. Provide advice, legal and other assistance to trade union members on issues of labor and labor protection, employment, vocational training and resolution of labor disputes.
7.5.12. Organize and conduct cultural, leisure and physical education activities, as well as recreational activities.
7.5.13. Take measures to constructively resolve labor disputes that arise, and if there are prerequisites for their occurrence, promptly inform the employer about this.
7.5.14. If there are grounds for declaring a strike, inform employers about this before the start of activities related to the exercise of the right to strike.
7.5.15. Perform other duties provided for in this Agreement.
7.6. Employees undertake:
7.6.1. Comply with the provisions of this Agreement.
7.6.2. Contribute to increased production efficiency; when performing labor functions, focus on achieving specific results of the Organization’s activities.
7.6.3. Promote the sustainable functioning of life support systems for the population.
7.6.4. Strive to maintain the business reputation and prestige of the Organization, to maintain loyalty towards it.
7.6.5. Maintain a favorable psychological climate during the performance of work duties, develop a creative attitude to work.
7.6.6. If employers comply with the provisions of this Agreement and the collective agreement, do not participate in strikes and mass protests of employees of Organizations, and do not involve other employees in them.
7.6.7. Fulfill duties stipulated by employment contracts, local regulations, collective agreements and other agreements in the field of social partnership.
8. Cooperation and responsibility of the parties for fulfilling their obligations
8.1. The relations and responsibilities of the contracting parties in the process of implementing the Agreement are regulated by the Labor Code of the Russian Federation, Federal Laws No. 10-FZ dated January 12, 1996 “On trade unions, their rights and guarantees of activity” and November 27, 2002 No. 156-FZ “On Employers’ Associations”.
8.2. Monitoring the implementation of the Agreement at all levels is carried out by the parties and their representatives, as well as the relevant labor authorities.
8.3. The Parties mutually provide available information when monitoring the implementation of the Agreement.
9. The procedure for introducing amendments, additions to the Agreement and resolving disputes arising in the process of its implementation
9.1. Extension of the validity period, changes and additions to this Agreement are made in the manner prescribed by the Labor Code of the Russian Federation for concluding the Agreement.
9.2. Resolution of disputes and disagreements regarding the implementation of this Agreement is carried out in accordance with current legislation.
10. Final provisions
10.1. After signing this Agreement, the Union of Public Utilities sends it to the Federal Service for Labor and Employment for notification registration.
10.2. After notification registration, this Agreement is published in the monthly business magazine of the Union of Public Utilities Enterprises - "Utility Complex of Russia", in the newsletter of the Central Committee of the All-Russian Life Support Trade Union and posted on the Internet website - www.unioncom.ru.
10.3. Organizations that are not subject to the provisions of this Agreement have the right to join it.
To do this, trade union organizations and employers send letters of accession to this Agreement to the regional organizations of the Life Support Trade Union and the Union of Public Utility Enterprises, indicating the necessary details of the organization. Based on the joint decision of the latter on the letter of accession to the Agreement, appropriate additions are made within one month to the regional register of participants in the Agreement, which is formed and approved by regional organizations Life Support Trade Union and the Union of Public Utilities.
Based on the regional registers, the All-Russian Federal Register of Participants in the Agreement is formed.
Regional registers of Organizations covered by the Agreement are submitted to the relevant authorities regulating tariffs for housing and communal services (fuel and energy complex, regional energy commission, executive authorities of the constituent entities of the Russian Federation and local governments) for use in the formation of tariffs for services and the wage fund of Organizations for the upcoming period.
10.4. At the proposal of the parties to an industry agreement concluded at the federal level, the head of the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor has the right, after publication of the agreement, to invite employers who did not participate in the conclusion of this agreement to join this agreement. The said proposal is subject to official publication and must contain information about the registration of the agreement and the source of its publication.
If employers operating in the relevant industry, within 30 calendar days from the date of official publication of the proposal to join the agreement, have not submitted a reasoned written refusal to join to the federal executive body responsible for developing state policy and legal regulation in the field of labor to it, the agreement is considered to apply to these employers from the date of official publication of this proposal. The said refusal must be accompanied by a protocol of consultations between the employer and the elected body of the primary trade union organization uniting the employees of this employer.
If the employer refuses to join the agreement, the head of the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor has the right to invite representatives of this employer and representatives of the elected body of the primary trade union organization uniting employees of this employer for consultations with the participation of representatives of the parties to the agreement. Representatives of the employer, representatives of employees and representatives of the parties to the agreement are required to take part in these consultations.
10.5. In the case of application of the Agreement in Organizations that have not joined it, as well as in Organizations where regulatory bodies (fuel and energy complex, regional energy commission, executive authorities of constituent entities of the Russian Federation and local self-government) use and establish, when forming the wage fund in tariffs for housing and communal services, a minimum the monthly wage rate of a first-class worker determined by the Agreement, the employer is responsible for the unauthorized use of the intellectual property of the Life Support Trade Union and the Union of Public Utilities in accordance with the current legislation of the Russian Federation.
10.6. In the event of reorganization of one of the parties to the Agreement, its obligations are transferred to the legal successor and remain until the conclusion of a new Agreement or amendments and additions to this Agreement.
10.7. During the period of validity of this Agreement, all disputes and disagreements between the parties to the social partnership in the industry are resolved through negotiations and consultations, and if no agreement is reached, in the manner established by the legislation of the Russian Federation.
10.8. The appendices to this Agreement are an integral part of it.
Appendix No. 1
To
Russian Federation
for 2014 - 2016
Scroll
organizations covered by the Industry Tariff Agreement
1. Specialized radiation safety plants "Radon";
2. Organizations of municipal water supply and sanitation;
3. Public power supply organizations;
4. Municipal heating organizations;
5. Organizations for gasification and operation of the gas industry;
6. Organizations for the operation and repair of elevator facilities;
7. Organizations for the operation and repair of road and bridge facilities;
8. Repair and construction organizations carrying out major renovation housing stock and other work in housing and communal services;
9. Waste processing and incineration plants, waste transfer stations, solid waste disposal sites;
10. Contractors and other organizations providing services in the field of housing and communal services;
11. Organizations of funeral services, including the organization of funeral business;
12. Organizations for mechanized cleaning, sanitary cleaning and improvement of municipalities;
13. Organization of bath and laundry facilities;
14. Organizations of hotel management;
15. Organizations carrying out other types of activities in housing and communal services;
16. Diversified organizations of housing and communal services.
Appendix No. 2
to the Industry Tariff Agreement
in housing and communal services
Russian Federation
for 2014 - 2016
Minimum monthly tariff rates for first-class workers in housing and communal services organizations
| Housing and communal services organizations | Minimum monthly tariff rate for first-class workers as of 01/01/2014, rub. |
|---|---|
| 1. Specialized radiation safety plants "Radon" | 7560 |
| 2. Public water supply and sanitation organizations | 7056 |
| 3. Public power supply organizations | 7056 |
| 4. Municipal heating organizations | 7056 |
| 5. Organizations for gasification and operation of gas facilities | 7056 |
| 6. Organizations for the operation and repair of elevator facilities | 7056 |
| 7. Organizations for the operation and repair of road and bridge facilities | 7056 |
| 8. Repair and construction organizations carrying out major repairs of housing stock and other work in the housing and communal services | 7056 |
| 9. Waste processing and incineration plants, waste transfer stations, solid waste disposal sites | 6552 |
| 10. Contractors and other organizations providing services in the field of housing and communal services | 6552 |
| 11. Organizations of funeral services, including the organization of funeral business | 6552 |
| 12. Organizations for mechanized cleaning, sanitary cleaning and improvement of municipalities | 6300 |
| 13. Organizations of bath and laundry facilities | 6300 |
| 14. Hotel industry organizations | 6048 |
| 15. Organizations carrying out other activities in housing and communal services | 6048 |
* - the actual date of establishment of the minimum monthly tariff rate for first-class workers is established taking into account the second paragraph of clause 2.3 of the Agreement.
For diversified Organizations, when calculating the minimum monthly tariff rate for first-class workers of a production unit, apply the monthly tariff rate for first-class workers corresponding to the main activities of this Organization.
