At the federal level, the industry agreement has been adopted which sets additional obligations and automatically extends to companies in the construction sector and in the construction materials industry. To refuse to join the agreement, a well-grounded written refusal should be submitted to the Russian Ministry of Labour by 11 August 2017.
On 13 July 2017, official government newspaper of record Rossiyskaya Gazeta published a Letter of the Russian Ministry of Labour and Social Protection (the 'Ministry of Labour') in relation to joining the 2017-2020 Federal Sector-based Agreement for Construction and Construction Materials Industry (the 'Agreement').
The Agreement applies to:
- at least 75% of the annual salary - to disabled persons with the third category of disability;
- at least 50% of the annual salary - to disabled persons with the second category of disability;
- at least 30% of the annual salary - to disabled persons with the first category of disability;
- at least 0.3% of the payroll fund should be transferred to the trade union’s settlement accounts for the cultural, sports and recreational activities to be organised (clause 9.2).
Implications for companies
For companies which did not play a part in the Agreement being concluded (i.e. those which are not members of the Union of employers and did not authorise it to enter into the Agreement), the only option for refusing to join is to file a well-grounded written refusal with the Ministry of Labour, accompanied by the minutes of the discussions with the elective body of the primary trade union organisation which represents the company's employees (article 48(8) of the Russian Labour Code).
We recommend considering whether it is prudent to join the Agreement, and, if the decision is taken to refuse to join, filing a well-grounded refusal with the Ministry of Labour. The time period for filing a well-grounded refusal is 30 calendar days after the agreement is published. To rule out disputes over whether the refusal to join the agreement was filed in due time, we recommend that you ensure that the refusal is filed with the Ministry of Labour on or before 11 August 2017.
If such well-grounded refusal is filed later than the specified deadline, the employees will have the right to claim (including through the court) that guarantees, compensations and benefits be granted to them in accordance with the Agreement. Labour inspectorates will have grounds to hold the company administratively liable for not complying with the Agreement.
Help from your advisers
Pepeliaev Group's lawyers will readily provide the necessary legal support when the documents are prepared which are required to refuse to join the Agreement, and on any other issues which relate to the Agreement being in effect.