On pages of this number opudlikovan all document in full.
INDUSTRY AGREEMENT
INDUSTRY AGREEMENT
between
Ministry of an agrarian policy,
Crimean Republican Council of agricultural producers and agroindustrial formations of the Autonomous Republic Crimea and
The Crimean republican trade-union organization of employees of agro-industrial complex for 2007-2009.
Situation I.Obshhie.
1.1. The agreement between the Ministry of agro-industrial complex, Republican Council of agricultural producers and agroindustrial formations and the Crimean republican trade-union organization of employees of agrarian and industrial complex is signed with the purpose of regulation of labor relations and social and economic interests of employees of agro-industrial complex and the owner at the enterprises being in the sphere of action of the parties.
1.2. The legal and legislative basis is formed by International Labour Organization Recommendations, normative legal acts, Laws of Ukraine, the General agreement and the Regional agreement of the Autonomous Republic Crimea,
1.3. The agreement acts on the territory of the Autonomous Republic Crimea. Provisions and standards of the Agreement are norms of direct action and extend on all legal entities and individuals – employers who on main types of activity treat agrarian sector of economy, and also for research and other self-supporting divisions of agrarian establishments of education and are obligatory for application in collective agreements in the solution of questions of regulation of social and economic and labor relations.
1.4. Conclusion of agreement, entering of changes into it to them additions is made in the order established according to the legislation.
1.5. The agreement established the minimum social guarantees in the work and employment sphere. Establishment of additional guarantees, labor and social privileges is regulated at the conclusion of collective agreements.
1.6. The existing and again adopted regulations providing higher guarantees, than it is provided by the Agreement, have a priority before the relevant provisions of this Agreement.
1.7. The agreement comes into force from the moment of signing and continues to operate before revision by the parties or before adoption of the new Agreement.
1.8. The agreement regarding social privileges and compensations extends also on pensioners who worked at the enterprises of system of agricultural industry, and women who are in holiday on the care of children (privileges to decipher at the conclusion of collective agreements).
1.9. Each of the parties following the results of a half-year analyzes implementation of the accepted obligations and represents the relevant information to other party. This information is brought to the notice of employees of branch.
1.10. The parties agreed: to provide within 2 months after introduction in action of the drawn Agreement the conclusion of collective agreements or entering of changes into them and additions at the enterprises being in the sphere of their action, and to carry out the corresponding work in their opinion at the branch enterprises irrespective of form of ownership.
In case of a conclusion delay at the enterprises of collective agreements in the terms of the party established by these Agreement take necessary measures for providing their conclusion and consider a question of accountability of guilty persons according to the current legislation.
1.11. The agreement doesn’t limit the enterprise regarding their powers, including according to the current legislation they can establish in collective agreements higher and additional in comparison with the current legislation and this Agreement of a guarantee and norm, social privileges and another with the indication of sources of their financing.
1.12. Any of the parties which have concluded this Agreement, can’t make unilaterally during term of its action the decisions changing norms and provisions of this Agreement and to suspend implementation of obligations.
1.13. The parties agreed throughout action of the Agreement to take measures of prevention of emergence of labor disputes (conflicts), and in case of their emergence to solve them by reconciliatory procedures.
II.Sodejstvie to production development, ensuring productive employment and social protection from unemployment.
2.1. Together with heads of the enterprises to provide development and realization of measures of restructuring of branches of agroindustrial production, participation in public policy realization in the sphere of further development of agro-industrial complex.
2.2. To carry out development and ensuring implementation of programs and concepts of development of branch of agroindustrial production and improvement of a control system by agro-industrial complex.
When developing regional development programs of agricultural production to include in their sections which provide employment of employees of branch, creation of additional workplaces, assistance to preparation and professional development of shots.
2.3. To direct efforts to development and implementation of measures concerning financial and credit ensuring activity of the enterprises of agro-industrial complex.
2.4. To promote the organization of work on ensuring support and protection of domestic producer and effective application of the anti-dumping legislation, the prevention of causing of a damage to branches of agroindustrial production.
2.5. To promote introduction of market economic mechanisms, search of a sales market of agricultural production, pricing improvement, strengthening of social protection of workers.
2.6. Questions of employment and social protection of workers from unemployment are regulated by "Labor code" of Ukraine and the Law of Ukraine About population employment.
2.7. The ministry of an agrarian policy, regional managements of agroindustrial development, heads of the enterprises of all forms of ownership undertake to take measures for preservation and creation of new workplaces, employment of workers.
2.8. In case of emergence of the objective reasons (elimination, reorganization, change of form of ownership, a partial stop of production, etc.) that involves reduction of number or the staff of workers, deterioration of working conditions, the parties take practical measures after timely, no later than the 3rd months of representation by the appropriate trade-union body of information on these questions, including information on the reasons of the come dismissals, on quantity and category of workers which it concerns, about terms of carrying out dismissal.
2.9. At mass liberation of employees of the party recommend:
- decisions on reduction of number of workers in connection with changes in the organization of production and work to coordinate with the relevant trade-union committees not later than 3 months before the planned actions with granting economic justifications and measures for employment of liberated workers.
2.10. In cases of the compelled temporary stop or reduction of volume of production according to the decision of labor collective and in coordination with trade-union committee registration and payment of all idle times which arose not because of the worker to carry out according to Art. 113 requirements the Labour Code of Ukraine, and is defined on conditions in the collective agreement.
2.11. Not to allow at the enterprises of dismissal of workers at the initiative of the head without the sufficient bases and without a consent with trade-union committee in the order established by the current legislation.
2.12. It is recommended to establish in collective agreements of a privilege for the workers liberated from the enterprise on the basis of item 1 of Art. 40 the Labour Code of Ukraine, in particular:
- to keep room line for the liberated worker within 2 years if it didn’t find a job;
- to provide to the liberated worker the privilege to employment at this enterprise within 2 years.
2.13. According to the Law of Ukraine About population employment and for the purpose of social protection of workers at each enterprise are if necessary provided:
- measures for increase of efficiency of use of a manpower, creation of new workplaces on production and additional productions;
- introduction of flexible modes of work;
- development of nadomny forms of work and mode of the incomplete working day, etc.
2.14. Will organize through operating system of professional education and branches (offices) of the Crimean state agrarian educational advice center on training, increase of their qualification.
2.15. At privatization of the enterprises to observe requirements of Art. 26 of the Law of Ukraine About privatization of property of the state enterprises concerning prevention of dismissal of workers at the initiative of the new owner or the body authorized by it within 6 months from the date of ownership right transition to it.
2.16. Employers together with trade-union committees of the enterprises provide in collective agreements of a measure for preservation of number of workers, to ensuring their employment, first of all, through introduction of reasonable norms of work and number standards, according to volume of production, creation of new workplaces, ensuring financing of vocational training and retraining of personnel.
Trade unions undertake:
2.17. To carry out work on the conclusion of collective agreements at the enterprises of all forms of ownership with inclusion in them of the measures directed on development and increase of production efficiency, competitiveness of production of the enterprise.
2.18. To take part in process of privatization and enterprise reorganization with inclusion of representatives of trade-union bodies in structure of the commissions on the solution of these questions.
2.19. To inform labor collectives on initiation of proceedings about bankruptcy, to assist in election of the representative of employees of debtor enterprise for participation in insolvency proceedings.
2.20. To carry out public control over observance by employers of the legislation on work.
2.21. To provide providing the consulting and practical help to workers by their sociolabor rights and guarantees in case of excitement at the enterprise of proceeding of bankruptcy.
Relation III.Trudovye, work and rest mode.
The parties agreed:
3.1. At the enterprises of agro-industrial complex irrespective of forms of ownership labor relations are regulated by means of collective agreements according to requirements of the current legislation, General, Branch (Ukraine), Regional and these Agreements – for the enterprises being in the sphere of their action.
3.2. Not to allow the conclusion of employment contracts in the form of the contract with employees of the enterprises if scope of the contract concerning them isn’t defined by laws of Ukraine.
3.3. At the enterprises of agroindustrial production irrespective of form of ownership the standard of duration of working hours can’t exceed 40 hours per week.
Overtime works can be applied in exceptional cases, defined by the legislation (Art. 62, 63 Labour Code of Ukraine).
Work in an overtime with hourly system of compensation is paid in the double size of an hour rate.
At price-work system of compensation for work in an overtime surcharge at a rate of 100 % of a tariff rate of the worker of the corresponding qualification and which compensation is carried out on hourly system, – is paid for all fulfilled overtime.
Compensation of overtime works by granting compensatory holidays isn’t allowed (Art. 106 the Labour Code of Ukraine).
3.4. Rules of the internal labor schedule or graphics of working in shifts are established by the owner or the body authorized by it in coordination with trade-union committee of the enterprise.
Introduction of the summarized accounting of working hours is allowed in coordination with trade-union committee of the enterprise, thus duration of working hours for the registration period shouldn’t exceed normal number of working hours for this period.
3.5. Incomplete working hours (day, week, month) can be established by agreement of the parties in an order and on the conditions established in the collective agreement. Compensation in these cases is made in proportion to fulfilled time, or depending on development. Work on the terms of incomplete working hours doesn’t involve any restrictions of volume of labor laws of the worker.
3.6. Duration of the main annual holiday at the enterprises of agroindustrial production, irrespective of form of ownership, are established according to the current legislation and can’t be less than 24 calendar days for the fulfilled year. Length of service which grants the right to the main annual paid holiday, is estimated on the basis of Art. 9 of the Law of Ukraine About holidays.
3.7. Annual additional holidays to workers with the unrationed working day up to 7 calendar days are defined by the collective agreement of the enterprise according to lists of positions and professions of workers.
Annual additional holidays for work with harmful and work severe conditions, and also for special nature of work are provided according to the Lists approved by the Resolution of Cabinet council of Ukraine from 17.11.97 of No. 1290 About the approval of Lists of productions, works, shops, professions and positions employment of workers in which grants the right to annual additional holidays for work with harmful and severe conditions of work and for special nature of work (in edition of the Resolution of Cabinet council of Ukraine from 13.05.2003 of No. 679 with the changes brought by the resolution of Cabinet council of Ukraine from 16.12.2004 of No. 1674).
3.8. Concrete duration of additional holiday for work with harmful and severe conditions of work is established in the collective agreement depending on results of certification of workplaces on working conditions and to a busy time of the worker in these conditions.
Concrete duration of annual additional holiday for special nature of work is established collective or the employment contract depending on a busy time of the worker in these conditions.
3.9. Holidays without preservation of a salary can be provided to workers on family circumstances and for other reasons under the agreement between the worker and the owner, or the body authorized by it, but it is no more than 15 days in a year.
3.10. Additional holiday to the woman having two or more children by age till 15 years, either the child of the disabled person, or adopted the child, to lonely mother, the father who is bringing up the child without mother (including in case of finding of mother in a medical institution), and also to the person who took the child under guardianship, is granted annual paid leave lasting 7 calendar days without festive and the days off (Art. 73 the Labour Code of Ukraine).
3.11. The sequence of providing holidays is defined by the schedule which affirms the owner or the body authorized by it in coordination with trade-union committee for the beginning of calendar year and is brought to the notice of all workers. When scheduling interests of production and special interests of workers are considered.
3.12. In the collective agreement at the expense of own means of the enterprises other types of holidays taking into account the current legislation (can be established to Art. 9-1 the Labour Code of Ukraine).
3.13. Refusal in providing annual holiday isn’t allowed. At will of the worker the part of annual holiday is replaced with monetary compensation. Thus duration of annual and additional holiday of the worker can’t be less, than 24 calendar days.
3.14. Not to allow discrimination of HIV of the infected workers and to provide the social guarantees provided by the Law of Ukraine About the disease prevention with acquired immunodeficiency syndrome (AIDS) and social protection of the population.
Trade unions undertake:
3.15. To render to labor union members free legal aid concerning the current legislation about work;
3.16. To carry out public control over observance at the enterprises, in establishments and the organizations of the legislation on work, including in the sphere of a mode of work and rest, to cooperate on these questions with Territorial State Labour Inspection in the Autonomous Republic Crimea, to take measures for elimination of violations within the rights and powers.
Work IV.Normirovanie.
The parties agreed:
4.1. At all enterprises irrespective of forms of ownership and labor organization scientific and reasonable performance standards are established, to time, number service depending on level of equipment, technology, the production organization.
4.2. Establishment of the concrete, operational, integrated and complex norms of work by the enterprises is carried out on the basis of the interbranch, industry, standard, scientific and reasonable standards developed by the Ukrainian research institution of efficiency of agro-industrial complex "Ukragroprom-proizvoditelnost".
4.3. Norms of work and an expense of combustive-lubricating materials are reconsidered in accordance with the established procedure in connection with introduction of new equipment, technology, implementation of organizational and technical measures which will improve the organization of workplaces and provide growth of efficiency of work.
4.4. Introduction, replacement and revision of norms of work is made by the employer in coordination with trade-union committee. The employer explains to workers of the reason of revision of existing rules and conditions of introduction of new norms and notifies workers on revision of norms not later than what a month before introduction (Art. 86 the Labour Code of Ukraine).
4.5. Temporary norms of work are established for development of release of new production or production in the absence of interbranch, branch, standard standard materials. Period of validity of temporary norms can’t exceed three months.
4.6. The enterprises annually develop planned schedules of replacement and revision of old norms of work. Revision of wrongly established norms is carried out in process of their emergence in coordination with trade-union committee.
4.7. Bases of establishment of scientific and reasonable norms on concrete organizational and technological option are certification of conditions of production of the enterprises which is led by the employer in coordination with trade-union committee.
V.Minimalnye of a guarantee of a salary.
5.1. The compensation organization at the enterprises and in the organizations is carried out according to the Labour Code, the Law of Ukraine About compensation, General and Regional agreements of the Autonomous Republic Crimea, other regulations.
5.2. According to the Presidential decree of Ukraine from 25.12.2000 of No. 1375 About the Concept of further reforming of compensation in Ukraine to carry out measures for compensation improvement; to strengthening of its role in motivation of productivity and quality of work; labor reproduction; ensuring stable growth nominal and real wage; to protection of the rights of workers on timely payment of a salary at a rate of not less than the state and branch guarantees.
5.3. Compensation of employees of the enterprises of branch of agrarian and industrial complex is carried out in a prime order. All other payments are carried out by the owner or authorized body after performance of obligations on compensation. Timeliness and volumes of payment of a salary can’t be delivered to workers in dependence on their sequence.
5.4. The compensation fund at the self-supporting enterprises is defined by the owner or the body authorized by it on the terms of established in collective agreements. It is recommended to establish compensation fund not less than 30 % of volume of gross expenses on the enterprise.
5.5. The fund of compensation is corrected taking into account dynamics of made production (works, services, for one percent of a growth in volumes – not less, than for one percent of increase in PHOTOS), increases of labor productivity, a price index on consumer goods and services.
5.6. At the self-supporting enterprises of all forms of ownership and compensation systems scales of charges, quotations, schemes of official salaries, conditions and the sizes of extra charges, surcharges and awards, compensations and other incentive compensatory and guarantee payments are established by the enterprises in the collective agreement with observance of norms and the guarantees provided by the current legislation, General, Regional and Branch agreements.
5.7. Employers are obliged to take measures for improvement of structure of a salary. To provide a share of the main salary not less than 70 %.
5.8. The compensation fund in establishments and the organizations which are financed from the budget, is formed within the budgetary funds allocated for compensation and parts of the income, received owing to economic activity and other sources.
In establishments and the organizations which are financed from the budget, the sizes of the main salary, and also surcharges and extra charges and other incentive and compensatory payments which are carried out at the expense of budgetary appropriations, are established according to legislative and other normative legal acts.
Extrabudgetary funds are used on payment of a salary and other incentive payments on the terms of the collective agreement according to the current legislation (Art. 4, 13 Laws of Ukraine About compensation) within the estimate of the income and expenses.
5.9. To establish since January 1, 2007 the size the minimum official salary of 468 UAH. for the executed monthly norm of work (amount of works).
5.10. To establish since January 1, 2007 the minimum guaranteed tariff rate of the worker of Irazryada at a rate of 480 UAH. (400 UAH. x 120).
5.11. To establish the minimum guaranteed sizes of tariff rates of workers depending on types of works and qualification since January 1, 2007 according to appendices 1, 2.
At default of performance standards not because of the worker payment is made for actually executed work, but not below 2/3 tariff rates.
At application of a mode of the incomplete working day (month) at the initiative of the employer, or by agreement of the parties in connection with reduction of amount of works, compensation is made in proportion to fulfilled time, on the terms of established in the collective agreement, but not less average earnings calculated in two previous months for everyone fulfilled hour.
Work in an overtime with hourly system of work is paid in the double size of an hour rate.
At price-work compensation for work in an overtime surcharge at a rate of 100 % of a tariff rate of the worker of the corresponding qualification and which compensation is carried out on hourly system, – is paid for all fulfilled overtime.
Compensation of overtime works by granting compensatory holidays isn’t allowed (Art. 106 the Labour Code of Ukraine).
To the certain highly skilled workers occupied on especially important, responsible works for their performance compensation it can be established on the basis of the raised tariff rates with application of the highest interdigit factors (2,7) to a tariff rate of the working first category of the corresponding category of workers on the terms of the collective agreement.
5.12. To establish the minimum guaranteed sizes of monthly salaries of workers of the general (through) professions according to appendices 3-7.
5.13. According to Art. 14 of the Law of Ukraine About compensation in collective agreements norms of compensation below established by this Agreement, but not below the state norms and guarantees in compensation can temporarily be established, no more than 6 months are only temporary for overcoming of financial difficulties, for.
5.14. The ratio between the sizes of tariff rates and official salaries of workers, depending on the qualification, defined in annexes 1-7 to this Agreement, is obligatory for application at establishment of the sizes of the main salary in collective agreements at the self-supporting enterprises irrespective of form of ownership with observance of standards of the current legislation.
5.15. To establish the list and the amount of surcharges and extra charges according to the appendix 8.
5.16. Conditions and the sizes of compensation of heads of the state enterprises are established by governing bodies property in the contract, for employees of the enterprises of other forms of ownership – the owner or other representative to them body.
5.17. By agreement of the parties the sizes of tariff rates, official salaries of the workers, established by this agreement and in collective agreements, are provided and raise according to an index of rise in prices for consumer goods and services, a gain in productivity of work, other factors.
5.18. During the period between revision of tariff rates and official salaries salary indexation in an order established by the current legislation and other regulations is made.
5.19. In collective agreements partial payment of a salary by nature (at the prices not higher than prime cost), in the size that doesn’t exceed 30 % added in a month can be provided.
The order, terms, payment place naturoplaty, types of production are defined in the collective agreement.
On account of a salary (including not paid) can, as the exception, to be provided in collective agreements (according to Art. 23 of the Law of Ukraine About compensation) sale of a naturproduktsiya, goods or rendering of services enterprises is exclusive at will of the worker at the prices for the goods not above the market prices which have developed in a distribution network of this region.
5.20. Payment of a salary is made 2 times a month in the terms established in the collective agreement (according to the bank contract).
5.21. In the presence of debt on a salary heads of the enterprises (employers) are obliged to take measures of its repayment according to repayment schedules. To provide timely payment of the current salary at the enterprises, in the organizations of all forms of ownership, and the personified accounting of the sums of debt, to approve the schedules of repayment of debt coordinated with trade-union committees, having specifically specified terms, volumes and sources of means for its repayment.
To make compensation of loss of a part of a salary out of time paid for the periods of 01.01.1998 on 31.12.2000g., according to the Provision on compensation order to workers of loss of a part of a salary in connection with violation of terms of its payment, the approved Resolution of Cabinet council of Ukraine from 20.12.1997 of No. 1427 (with changes from 23.04.1999 of No. 692), and since 01.01.2001 according to the Law of Ukraine No. 2050-III About compensation of a part of the income in connection with violation of terms of payment, the Resolution KMU of Ukraine from 21.02.2001 of No. 159 About the statement of an order of carrying out compensation to citizens of loss of a part of the income in connection with violation of terms of their payment.
5.22. For the purpose of a specification of questions of compensation and material stimulation of workers at the enterprises applications to the collective agreement are developed:
- order of formation and use of fund of compensation;
- regulations on compensation at the enterprises which would include: scales of charges, schemes of official salaries, the sizes and an order of payment of surcharges and extra charges, conditions and the amount of awarding for the main results of economic activity and on special systems, etc.;
- the provision on compensation payment following the results of work for the corresponding period;
- provision on a natural form of compensation;
- the schedule of repayment of available debt for 2007 as of 01.01.2007.
5.23. To establish that in case of emergence at the enterprise (establishment, the organization) debts on a salary term more than one month the Ministry of agro-industrial complex, the Crimean republican Council of agricultural producers and agroindustrial formations take effective measures on its elimination.
Employers promise:
To take measures for finishing of the size of an average salary to level not below a subsistence minimum in an able-bodied face. To promote inclusion of the corresponding obligations in contracts (contracts, agreements) with heads of the enterprises, their realization through the relevant provisions of collective agreements of the enterprises being in a sphere of influence of the parties, signed the agreement (Justification: according to item 6 of section 2 of the Comprehensive program of ensuring realization of Strategy of overcoming of the poverty approved by the Resolution of Cabinet council of Ukraine from 21.12.2001 of No. 1712, entering into the Industry (Regional) agreement of obligations of heads of the enterprises is provided, establishments and the organizations of all forms of ownership to raise a monthly average salary to level not below the size of a subsistence minimum established by the Law in an able-bodied face).
Trade unions undertake:
5.24. To carry out public control over observance of the legislation on compensation, observance of norms and the guarantees of compensation established by this Agreement.
5.25. To inform employers on the revealed violations, to make offers on their elimination.
Work VI.Oxrana.
6.1. To provide implementation of the republican industry program of studying of a security status of labor hygiene and the production environment for 2001-2005. Complex actions for ensuring fire safety in industrial production for the period till 2010, The industry program on traffic safety on highways of the cities, other settlements and at crosswalks for 2004-2007 and a state program of training and increase of level of knowledge of workers of the population of Ukraine concerning labor protection for the period till 2010.
6.2. To improve a control system of labor protection at branch, regional level and on agricultural enterprises of all forms of ownership and kinds of activity.
To restore carrying out operative control of a condition of labor protection of IIIstupeni at the enterprises, IVstupeni RUSH and P, Vstupeni in MINAPK AR Crimea.
6.3. To complete work security services at the enterprises with the qualified experts. Heads and specialists of security service of work in the activity and a salary are equated to heads and specialists of the main technological services according to Art. 15 of the Law of Ukraine About labor protection.
6.4. Within the powers and competence to provide carrying out certification of a sanitary-engineering condition of the enterprises, farms, certifications of workplaces for working conditions according to regulations about labor protection and establishment to workers of privileges and compensations by its results and carrying out actions for liberation from work first of all women from dangerous and harmful productions.
6.5. To carry out control of providing employees of the enterprises and the organizations overalls, special footwear and other means of individual and collective protection washing and disinfecting means in volumes and on the nomenclature, established by norms.
To provide to workers compensation of expenses in cases of violation of terms of delivery and acquisition of overalls and means of protection for own means.
6.6. To carry out control of observance of a payment procedure and the extent of the help and compensation of a damage to the workers who were injured on production or their families according to the Law of Ukraine About obligatory state social insurance from an occupational accident and the occupational illness, entailed disability.
6.7. Regularly to analyze a condition of protection and working conditions, the reasons of accidents, fires on production, road accidents and occupational diseases for development of recommendations and actions for their decrease, to lead up them to the agrarian and industrial complexes enterprises and systematically to shine in mass media.
6.8. To renew in all areas work of offices on labor protection, to complete them with necessary documentation, scientific grants, means of evident propaganda.
6.9. Owners of the enterprises or the bodies authorized by them with the assistance of trade unions provide timely and high-quality carrying out certification of workplaces on working conditions, in terms provided by a koldogovor, however isn’t more rare than once in five years.
6.10. To organize and regularly to carry out reviews competitions of a condition of labor protection, to develop situation, having provided in it means of moral and material incentive of labor collectives which reached positive results.
The party of employers undertakes:
6.11. To get the register of all victims on production, to check charge of all the payments provided by the legislation to each victim according to the Law of Ukraine About obligatory state social insurance from an occupational accident and the occupational illness, entailed disability, to transfer affairs in local funds. To take measures to elimination of debt on payments of the disposable help and compensation of harm according to Art. 11 of the Law of Ukraine About labor protection to persons who because of an occupational accident or occupational illness received permanent disability, and also to families of victims on production.
6.12. To provide participation of representatives of trade unions in investigation of occupational accidents and taking measures to their prevention, and also unreasonable charge of victims.
6.13. To give consultations and free legal aid to workers and families of the questions which have lost in the solution of a timely and full recovery the owner of the damage caused to the worker of a mutilation, or other deterioration of the health, connected with performance of labor duties by it, and also payments of the disposable help and compensation of a damage according to the Law of Ukraine About obligatory state social insurance from an occupational accident and the occupational illness, entailed disability.
6.14. To carry out continuous control of observance of safe and admissible norms in harmful working conditions on production with providing working as necessary overalls, special footwear, other means of individual and collective protection of the working.
6.15. To provide annual financing of the actions directed on improvement of protection and working conditions of workers at the enterprises not less than 0,5 % from the sum of realized production and for the enterprises, not less than 0,2 % containing at the expense of the budget from compensation fund according to Art. 19 of the Law of Ukraine About labor protection
6.16. To organize for means of the employer carrying out preliminary (at acceptance for work) and periodic (during labor activity) medical examinations of the workers occupied on a hard work, works with harmful and dangerous working conditions or such where there is a need for professional selection, annual obligatory medical examination of persons be elderly till 21 year.
6.17. Training and examination concerning labor protection of public officials and specialists of system of the ministry of agrarian and industrial complex of AR Crimea (heads, their deputies, experts in labor protection) to carry out on the basis of the NAU Crimean state agrotechnological university YuF educational institution.
Trade unions undertake:
6.18. To provide the free consulting help to labor union members, and also members of their families concerning the legislation on labor protection.
6.19. To carry out public control over creation of the safe and healthy working conditions, appropriate production and sanitary living conditions, timely providing with overalls, special footwear, means of protection, training of workers concerning labor protection, and also inclusion in collective contracts of terms of carrying out certification of workplaces on working conditions and its timely carrying out.
In cases of emergence of threat of life or to health of workers to demand cessation of work on workplaces, in production rooms, on sites and other structural divisions or at the enterprises as a whole.
6.20. To carry out public control over ensuring the rights of victims on production and members of their families according to the Law of Ukraine About obligatory state social insurance from an occupational accident and the occupational illness, entailed disability.
VII.Socialnye of a guarantee, privilege and compensation.
The parties agreed:
7.1. To establish that the order of formation and use of a part of profit which goes on financing of sociolabor privileges, cultural and improving actions, is defined in the collective agreement and charters of the enterprises.
7.2. This agreement recommends to provide in collective agreements, proceeding from financial possibilities of the enterprises, sociolabor privileges, additional in comparison with the current legislation and this Agreement of a guarantee and compensation, namely:
- establishment big, in comparison with the current legislation of privileges to the workers who have received disability and families of workers, died owing to traumas and the occupational diseases connected with performance of labor duties or actions in interests of the enterprise;
- reduction of the cost of cost of a food in dining rooms, buffets, dispensaries, child care improving facilities, partial compensation or the help in acquisition of food;
- granting privileges on domestic service, allocation at preferential prices of fuel for heating of private houses, construction materials on individual construction of housing, etc.;
- reduction of the cost of cost of the maintenance of children in preschool institutions;
- granting additional, in comparison with the legislation, financial support on funeral, at the birth of the child, to large and needy families;
- providing financial support at a rate of not less monthly average salary when leaving on pension on age or on disability and in connection with annual holiday on improvement, etc.
7.3. The enterprises, associations, the organizations in the presence of profit can expand considerably the list and the size of guarantees, privileges, compensations.
It is recommended to include in addition in koldogovor such important privileges and compensations:
- providing financial support to members of ZhSK, and also interest-free loans to workers on construction of individual houses;
- providing preferential permits on treatment to veterans of work, the former workers who have retired;
- assignment for reduction of the cost of treatment of workers;
- encouragement of workers and veterans of the enterprise in connection with holidays, anniversaries;
- providing the disposable help to young families and the workers who have come back to the enterprise after demobilization from army, etc.
7.4. To provide granting to workers of social holidays (on pregnancy and childbirth, on the care of the child before achievement of the 3rd summer age by it, additional holiday to the workers having children).
7.5. Labor legal relationship of employees of agricultural enterprise concerning which action on bankruptcy is brought the Labour Code of Ukraine taking into account the features provided by the Law of Ukraine About restoration of solvency of the debtor or recognition by his bankrupt is regulated.
To recommend to heads of agricultural enterprises to take in case of identification of signs of insolvency of the enterprises measures for economic improvement of the enterprises and to preservation of workplaces.
VIII.Soblyudenie of the property and social rights of peasants.
The parties agreed:
8.1. To the ministry of an agrarian policy of the Autonomous Republic Crimea and managements of agroindustrial development of regional public administrations, branch associations of the enterprises and businessmen within the competence to take measures for ensuring protection sociolabor and laws of estate of peasants.
In common to train heads (founders) of the enterprises for questions of observance of the legislation of work, of compensation, of the ground and property relations.
To render consultations, the methodical and practical help to heads (founders) of the enterprises concerning the solution of sociolabor, economic, land and property problems taking into account the current legislation.
8.2. Heads (founders) of the enterprises of agro-industrial complex of all organizational and legal forms are obliged to take measures for the relation of functioning of again created enterprises according to the current legislation, not to allow violation sociolabor, ground and laws of estate of hired workers:
- to provide observance of guarantees, norms and the provisions established by this Industry agreement and the collective agreement;
- in case of the enterprise organization (the section, allocation, transformation, etc.) to observe existing collective agreement, to make changes and additions to it, or to conclude the new collective agreement according to the current legislation;
- in case of reorganization, eliminations of the enterprises to provide repayment of debt to workers of a salary and all social payments and payments (compensation of the damage caused by damage of health on production). In the absence of necessary funds for the reorganization moment from the written consent of workers, the debt can be transferred to the enterprise to the assignee on the terms of the means defined by existence and concrete terms of its repayment;
- to sign bilateral contracts on a ground lease and property in the order established by the current legislation, it is obligatory to specify in them the sizes of a rent, an order of its indexation with change of cost of the earth, an index of inflation, other criteria, terms and forms of payment of a rent, the price on which will pay off a rent, payment by a naturproduktsiya, service, etc.;
- not to interfere with ensuring free implementation of the right to a share, cancellation of contracts on a ground lease and property in case of violation by tenants of a certain lease term.
8.3. In common to take measures for implementation of social partnership, contractual regulation of social and economic and labor relations, protection of the rights of hired workers.
To carry out systematic control on current legislation observance in the reformed enterprises, to promote strengthening of responsibility of heads of the enterprises for its violation.
To initiate questions with accountability of the persons guilty of violation of the current legislation, labor, social and economic, ground, laws of estate of workers, an obstacle of activity of the trade-union organization.
8.4. The ministry of an agrarian policy of the Autonomous Republic Crimea, management of agroindustrial development of the regional state administrations, the republican trade-union organization and trade-union bodies of all levels analyze social consequences of reforming, a condition of regulation of the sociolabor, ground and property relations at the enterprises and consider at meetings of joint bodies.
Constantly to carry out explanatory work on questions of protection labor, social and economic and laws of estate of workers to regulate rent relationship, formation of a mutually advantageous lease term, the optimum sizes of a rent for the earth and property.
IX.Socialnoe partnership.
9.1. The parties recognize powers and the rights of everyone to the conclusion of this Agreement and undertake to take all measures for social and economic protection of employees of system.
9.2. The parties undertake to promote growth of volume of production, stay of its recession, strengthening of labor discipline and increase of a standard of living of workers. Conflict situations, the controversial questions arising at branch level and at the enterprises, are solved by negotiations, adoption of compromise solutions, coordination of interests of hired workers and owners, improvement of the sociolabor relations and permission of collective labor disputes according to standards of the current legislation.
9.3. The parties provide representation and defend interests of employees of agrarian and industrial complex system in executive authorities, in vessels, free of charge give consultations, consider complaints and statements of workers, render the methodical and practical help concerning performance of this Agreement, the conclusion of collective agreements.
9.4. The parties make changes and additions to the Agreement according to decisions of appropriate bodies of legislative and executive power, General and Regional agreements.
9.5. Each of the parties undertakes to inform other party on need of decision-making on the questions concerning social and economic interests of employees of branch and being a subject of this Agreement and to carry out preliminary coordination of such decisions by official negotiations and consultations.
9.6. The decisions concerning change of working conditions, a salary, reduction in production, closings of the enterprise which served as a reason for leaving of workers, and what change a condition of legal and social and economic protection of workers, are accepted by the Ministry of an agrarian policy of the Autonomous Republic Crimea in coordination with the Crimean republican trade-union organization of employees of agrarian and industrial complex.
X.Garantii of activity of trade union.
10.1. The ministry both its appropriate bodies and the enterprises through collective contracts guarantee:
- granting by the enterprises, establishments and the organizations to primary trade-union organizations of free of charge necessary rooms with all equipment, means of communication, transport. Placement of trade-union information in rooms, in the enterprise territory, in places available to workers (Art. 40, 42).
10.2. Free transfer monthly into accounts of the trade-union organizations of membership trade-union fees from a salary of workers, in the presence of their written statements within 3 days after charge of a salary (Art. 42).
10.3. Assignment of means to the trade-union organizations of the enterprises, establishments, the organizations (except those who is financed from the budget) for cultural and mass and sports work in the sizes specified in the collective agreement, but it is not less, than 0,3 percent of fund of compensation (Art. 44).
10.4. Granting to the trade-union organizations on a free basis of buildings, rooms, constructions for carrying out cultural and mass, improving, sports, sports work (Art. 43).
10.5. Granting to employees of the enterprises elected in structure of trade-union bodies, conditions for performance of the duties, in particular, during free time from work with preservation of an average salary for participation in work of elected trade-union bodies, consultations, negotiations, implementation of other state obligations, for trade-union study on the conditions defined in the collective agreement, but isn’t less, than two hours per week (Art. 41).
10.6. Granting to the workers elected in structure of elected bodies of the trade-union organization which affects the enterprise, in the sizes isn’t lower than social privileges and encouragement, than it is provided for other workers of the corresponding category of the enterprise (Art. 41).
10.7. Granting to the elected trade-union workers after the termination of their powers of previous work (position), or other equivalent work (position) on their consent (Art. 41).
10.8. Not to allow dismissal at the initiative of the employer, attraction to a disciplinary responsibility, change of conditions of the employment contract, compensation of workers which are members of elected trade-union bodies without a prior consent of the appropriate elected trade-union body according to (Art. 41) current legislation.
10.9. Not to allow dismissal at the initiative of the employer of employees of elected trade-union bodies for two years after the termination of term of their elective powers, except the cases provided by the current legislation (Art. 41).
10.10. Involvement of representatives of trade-union bodies to participation in business management, the commission on privatization, in the supervisory board (Art. 25).
10.11. Granting in five-day term to free of charge trade-union bodies of information on the questions concerning the labor, social and economic laws and interests of workers, implementation of agreements and the collective agreements given by results of economic activity of the enterprise, etc.
Providing the rights to trade-union bodies on obtaining information on existence of means on enterprise accounts, in case of a salary delay (Art. 28, 45) – in week term.
10.12. Granting to representatives of elected trade-union bodies of the relevant documents, sheets, explanations about the developed working conditions, implementation of the collective agreement, the Agreement, observance of the legislation on work and the social and economic rights of workers, access to documents for check of calculations for compensation, the state social insurance, use of means for social needs and housing construction (Art. 40).
10.13. Ensuring free visit and survey by members of elected trade-union bodies of workplaces of labor union members, check of work of establishments of trade and public catering, health protection, kindergartens, hostels, public service establishments etc. which belong to the enterprise, to establishment, the organization or them are served by (Art. 40).
10.14. Obligatory consideration of offers and representations of trade-union bodies concerning social and economic and labor laws and interests of hired workers with participation of representatives of trade unions and providing the reasoned answers (Art. 21).
Heads and the trade-union primary organizations of the enterprises, establishments and the organizations, irrespective of forms of ownership and managing which enter into a sphere of influence of the parties which concluded the Industry agreement, are obliged for a month, to make corresponding changes in collective contracts.
XI.Kontrol behind implementation of the Agreement.
11.1. Control over the implementation of the Agreement is carried out by the Parties.
11.2. The parties after signing of the Agreement approve in a month measures for ensuring their realization and approve the list of the persons responsible for execution of norms and provision of the Agreement.
11.3. Each party analyzes a course of implementation of the Agreement quarterly and provides information to other party.
In case of default of separate positions of the party carry out additional actions for ensuring their realization.
11.4. The condition of performance of the Agreement is twice a year considered on joint sitting of the parties about what the protocol signed by both parties is made.
11.5. The party which is not providing execution of norms and provisions of the Agreement, is obliged to take measures for their performance in a month.
11.6. For violation or default of provisions of the Agreement, evasion from participation in negotiations, for an unaccordance of the timely information necessary for collective bargainings and control, representatives of the parties bear responsibility according to the current legislation.
XII.Otvetstvennost for default of the Industry agreement, current legislation violation about work.
12.1. The parties agreed to take effective measures on strengthening of responsibility of heads (employers) for ensuring realization of guarantees, norms and obligations of the Agreement, observance of legislative and other normative legal acts concerning regulation of the labor and social and economic relations.
For this purpose:
To discuss at meetings of joint bodies a condition of performance of the Industry agreement, the current legislation at the enterprises of agro-industrial complex.
To use all forms of cooperation with state authorities of supervision and control for ensuring observance of the existing labor law with office of National service of mediation and reconciliation in ARK at permission of collective labor disputes.
Employment contract cancellation at discharge from a post for violation of the legislation on work, About collective agreements and agreements, About trade unions … (Law Art. 33 About trade unions …, Art. 15 the Labour Code of Ukraine), imposing of a penalty for violation of requirements of the legislation on work according to Art. 41, 41-1, 41-2, 41-3 Codes of Ukraine About administrative offenses:
- to fifty free minima of the income of citizens for violation of terms of payment of a salary;
- to ten free minima of the income of citizens for evasion from participation in negotiations on the conclusion, change or addition of the collective agreement, the Agreement;
- to hundred free minima of the income of citizens for violation or not implementation of obligations of the collective agreement, the Agreement.
Imposing of a penalty or criminal prosecution according to Art. 172 Art., 175 Criminal codes, providing responsibility for violation of the legislation on work:
- to three hundred free minima of the income of citizens, or with deprivation of the right to occupy certain positions or to be engaged in a certain activity for the term up to three years, or imprisonment for the term up to two years with deprivation of the right to occupy certain positions or to be engaged in the defined activity for the term up to three years for unreasonable nonpayment of a salary more than in one month, it is made deliberately by the director, establishments, the organizations irrespective of form of ownership and managing.
Minister Chairman Crimean
agrarian policy of the republican trade-union
Autonomous republic Crimea of the organization of workers
agro-industrial complex
____________ P.I.AKIMOV ____________ A.N.POLYAKOV
Chairman Crimean
republican Council
agricultural producers
and agroindustrial formations
_____________ P.YA.TKACHUK
The annex No. 1 to the Industry agreement of agrarian and industrial complex for 2007 comes into force since 01.01.2007.
The minimum guaranteed sizes
day tariff rates of separate categories of workers
agricultural enterprises according to categories
Note:
1. Day tariff rates are defined according to the schedule of six-day working week, the seven-hour working day and monthly norm – 166,83 working hours in 2007 at 40-hour working week, taking into account factors of ratios of the minimum sizes of tariff rates of workers of 1 category.
2. An example of calculation of a day tariff rate of the working 1 category on manual operations in plant growing at the seven-hour working day 400 x 120: 166,83 x 7 = 20,14.
Tariff rates of the worker of other categories are defined with interdigit tariff factors.
Calculation is made on balance of working hours of 2007.
3. Tariff rates of the working first category are established at a rate of not less than defined by the Industry agreement.
The annex No. 2 to the Industry agreement of agrarian and industrial complex for 2007 comes into force since 01.01.2007.
The minimum guaranteed sizes of hour tariff rates of workers of processing industry of system of agricultural industry of the Autonomous Republic Crimea
Note:
1. The monthly tariff salary of the cleaner makes 468 UAH.
2. Hour tariff rates of workers are calculated proceeding from standard of duration of working hours of 166.83 hours in a month taking into account factors of ratios of tariff rates of workers of 1 category:
- for workers of the main production – 1.00
- for the workers occupied on repair work – 1.06
- for the workers occupied on stanochny works on processing of metal and other materials with cutting on metalcutting machines – 1.19
3. Example of calculation of hour tariff rates of workers of 1 category:
a) main production 480 x 1: 166.83= 2.88
b) occupied on repair work 480 x 1.06: 166.83= 3.04
v) occupied on stanochny works on processing
metal and other materials cutting on
metalcutting machines 480 x 1.19: 166.83= 3.42
4. Tariff rates of the working first category are established in the size, not below AR Crimea defined by the Regional agreement, the Industry agreement.
The annex No. 3 to the Industry agreement of agrarian and industrial complex for 2007-2009.
Minimum sizes of tariff rates (salaries)
drivers of motor transport
Drivers of cars (automobile)
Drivers of the car (bus)
The annex No. 4 to the Industry agreement of agrarian and industrial complex for 2007-2009.
The minimum guaranteed sizes and intergroup, interofficial factors of ratios of the sizes of official salaries of heads, professionals and experts of associations of the enterprises of agricultural industry of system of agricultural industry of AR Crimea
Note:
1. Conditions of material security of the director are defined by the owner (owners) or the body authorized by it at the conclusion of the contract (contract) with it. Regarding heads of the enterprises belonging to ARK, conditions of material security are established by the agrarian and industrial complex Ministry at the conclusion of the contract with them according to the current legislation.
2. The head of service on labor protection is equated to heads of the main technological services of the enterprise. Such principle remains at definition of compensation and other employees of security service of work.
3. Official salaries of heads and experts are established in the ratio to an official salary of the technician (638 UAH.).
4. Taking into account conditions and outputs of products (works, services) and financial possibilities the enterprises higher sizes of official salaries under condition of observance of the specified interofficial ratios in the absence of debt on a salary can be established.
The annex No. 5 to the Industry agreement of agrarian and industrial complex for 2007-2009.
The minimum guaranteed sizes and intergroup, interofficial factors of ratios of official salaries of heads, professionals and specialists of machine and technical stations, offices, farms, agricultural sites, shops of the enterprises of agricultural industry
1. Official salaries of heads and experts are established in the ratio to an official salary of the technician (638 UAH.).
The annex No. 6 to the Industry agreement of agrarian and industrial complex for 2007-2009 of g
The minimum guaranteed sizes and intergroup, interofficial factors of ratios of official salaries of heads, professionals and specialists of the enterprises of processing industry of system of agricultural industry of ARK
Note:
1. Conditions of material security of the director are defined by the owner (owners) or the body authorized by it at the conclusion of the contract (contract) with it. Regarding heads of the enterprises belonging to ARK, conditions of material security are established by the agrarian and industrial complex Ministry at the conclusion of the contract with them according to the current legislation.
2. According to the Provision on work security service in system of the Ministry of agro-industrial complex of Ukraine (items 2.2, 2.3), Ministry of Agriculture and Food Production of Ukraine approved by the order from March 15, 1994 of No. 74 in coordination with the State committee of Ukraine on supervision of labor protection on March 9, 1994, the security service of work submits directly to the director. On the functional duties and work terms of payment the head of security service of work is equated to heads of the main technological services of the enterprise. Such principle remains at determination of official capacity and salaries and for other employees of security services of work.
3. Official salaries of heads and experts are established in the ratio to an official salary of the technician (638 UAH.).
4. Taking into account conditions and outputs of products (works, services) and financial possibilities, the enterprises higher sizes of official salaries under condition of observance of interofficial ratios under condition of lack of debt on a salary can be established.
The annex No. 7 to the Industry agreement of agrarian and industrial complex for 2007-2009.
The minimum guaranteed sizes of monthly salaries
workers of through professions
1. To cleaners of service premises who work with disinfectants, and also when cleaning public toilets, monthly salaries raise for 10 %.
The annex No. 8 to the Industry agreement for 2007-2009 of g
LIST AND SIZES
surcharges and extra charges to tariff rates and official salaries of workers of associations, the enterprises and the organizations of system of Minagroprom
Autonomous republic Crimea
Note:
1. The specified surcharges and extra charges are established for employees of the self-supporting enterprises.
2. In establishments and the organizations which are financed from the budget, the list and the amount of the specified surcharges and extra charges are established by Cabinet council of Ukraine taking into account provisions of the General agreement in coordination with the relevant trade unions.
3. All other types of extra charges and their sizes are established by the enterprises independently on the conditions provided by collective agreements, and paid for the account of the profit remaining at their order.
4. The specified list doesn’t extend on the organization which workers are paid according to conditions operating in executive authorities.
The annex No. 9 to the Industry agreement for 2007-2009.
LIST
professions and positions with the unrationed working day at the enterprises and the organizations of system of the Ministry of an agrarian policy
Autonomous republic Crimea
1. Heads and their deputies, main accountant and their deputies enterprises, establishments and organizations.
2. Chiefs, masters, managers and other heads of structural divisions, organizations, establishments, shops, departments, services, sites, productions, farms and others, and also their deputies.
3. Main: engineers, economists, technologists, power engineering specialists, mechanics, agriculturists, editors, artists, livestock specialists, designers, doctors veterinary, metrologists, forest wardens, oxotovedy, heating engineers, wine makers, cognac masters, brewers, tabachnik, tobacco masters, shampanist and others.
4. Leaders: engineers of all specialties, economists, designers, agriculturists, livestock specialists, dispatchers, accountant, agrolesomeliorator, microbiologists, doctors, veterinarians, technologists, accountant-auditors, mathematics and others.
5. Engineers of all categories and specialties, metrologists, economists, accountant-auditors, legal advisers, sociologists, psychologists, artists, agriculturists, doctors veterinary, livestock specialists, microbiologists, bacteriologists, mycology, toxicology, agrolesomeliorator, dispatchers, technicians of all specialties, medical assistants veterinary, oxotovedy, mathematics of all categories, masters of sites, mechanics of automobile columns (garages).
6. Managers of office, the central warehouse, type-writing service, archive, an economy, a warehouse, multiple copying bureau, a left-luggage office, points (procuring, reception), kindergartens (a children’s day nursery), a day nursery gardens, libraries, commodity researchers, cashiers, collectors, stenographers, secretaries-stenographers, dispatchers, dispatchers on holiday of finished product, taksirovshchik, secretaries of a teaching department, secretaries-typists, agents for supply, accountants, draftsmen, clerks, registrars, calculators, managers, tally keepers, timekeepers, kopirovalshchik, commandants of houses, etc.
7. Workers of the agricultural industry which working hours on kind of work are divided into parts, uncertain duration.
8. Drivers of cars.