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Russian Federation. Trade Unions
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Russian Federation

Federal Act (No. 10-FZ) on Trade Unions, their rights and guarantees of their activity. Dated 12 January 1996.


Table of contents


Chapter I. General Provisions

Article 1. Subject-Matter of Regulation and Purposes of the Present Federal Act

Public relations arising in the exercise by citizens of their constitutional right to association, creation, activity, reorganization and/or liquidation of trade unions, their amalgamations (associations), and primary trade union organizations shall be the subject-matter of regulation of the present Federal Act.

The present Federal Act shall lay down the legal principles underlying the creation of trade unions, and their rights and guarantees of activity, and shall regulate relations between trade unions and organs of state power, organs of local self-government, employers and their amalgamations (unions, associations), and other public entities, legal persons and citizens.

Article 2. Right to Unite in Trade Unions

Article 3. Basic Terms

The terms used for the purposes of the present Act shall have the following meaning:

primary trade union organization
a voluntary association of trade union members working, as a rule, at one and the same enterprise, in one and the same institution, in one and the same organization, irrespective of form of ownership or subordination, operating on the basis of a statute adopted by it in conformity with its rules, or on the basis of a general statute of primary trade union organization of the respective trade union;
all-Russia trade union
a voluntary amalgamation of trade union members working in one or more branches of activity linked by common social-and-labour and professional interests, operating throughout Russian Federation territory or in the territories of over one-half of Russian Federation subjects or uniting at least one-half of the total number of workers of one or more branches of activity;
all-Russia amalgamation (association) of trade unions
a voluntary amalgamation of all-Russia trade unions and/or territorial amalgamations (associations) of trade union organizations operating throughout Russian Federation territory or in the territories of over one-half of Russian Federation subjects;
interregional trade union
a voluntary amalgamation of trade union members working in one or more branches of activity and operating in the territories of less than one-half of Russian Federation subjects;
interregional amalgamation (association) of trade union organizations
a voluntary amalgamation of interregional trade unions and/or territorial amalgamations (associations) of trade union organizations operating in the territories of less than one-half of Russian Federation subjects;
territorial amalgamation (association) of trade union organizations
a voluntary amalgamation of trade union organizations operating, as a rule, in the territory of one Russian Federation subject or in the territory of a town or district;
territorial trade union organization
a voluntary amalgamation of members of primary trade union organizations of one trade union operating in the territory of one Russian Federation subject, or in the territories of several Russian Federation subjects, or in the territory of a town or district;
trade union body
a body formed in conformity with the rules of a trade union, an amalgamation (association) of trade unions or the statute of a primary trade union organization;
trade union representative (agent)
a trade union organizer, a trade union group organizer, the leader of a trade union, of an amalgamation (association) of trade unions, of a trade union body, or other person duly authorized to act as representative by the rules of a trade union, an amalgamation (association) of trade unions, the statute of a primary trade union organization or by decision of a trade union body;
organization
an enterprise, institution or organization, irrespective of form of ownership or subordination;
employer
an organization (legal person), as represented by its senior executive (management), or a natural person with whom a worker has labour relations;
employee
a natural person working in an organization under a labour agreement (contract), a person engaged in individual entrepreneurial activity, a person studying at an educational institution of primary, secondary or higher professional education;
trade union member
a person (employee temporarily not working, pensioner) with membership in a primary trade union organization.

Article 4. Sphere of Activity of the Present Federal Act

The specific application of the present Federal Act with respect to trade unions of military personnel, employees of Russian Federation internal affairs agencies, agencies of the Federal security service, Russian Federation customs agencies, Federal fiscal police agencies, judges and procurators shall be determined by the respective Federal laws.

Article 5. Independence of Trade Unions

Article 6. Legal Basis of Trade Union Activity

Article 7. Rules of Trade Unions and Their Amalgamations (Associations), Statutes of Primary Trade Union Organizations

Article 8. Registration as Legal Person of Trade Unions, Their Amalgamations (Associations), Primary Trade Union Organizations

Trade unions, their amalgamations (associations), and primary trade union organizations shall be exempted from the payment of registration fee on the basis of legislation on trade unions and the respective Federal law.

Article 9. Prohibition of Discrimination Against Citizens by Reason of Trade Union Affiliation or Non-Affiliation

Article 10. Reorganization, Termination of Activity, Suspension, Prohibition of Activity and Liquidation of Labour Union or Primary Trade Union Organization


Chapter II. Basic Rights of Trade Unions

Article 11. Right of Trade Unions to Representation and Protection of Social-and-Labour Rights and Interests of Employees

Article 12. Right of Trade Unions to Promote Employment

Article 13. Right of Trade Unions and Primary Trade-Union Organizations to Conduct Collective Bargaining, Conclude Agreements and Collective Contracts, and Control Fulfillment Thereof

Article 14. Right of Trade Unions to Participate in Settlement of Collective Labour Disputes

Trade unions shall have the right to participate in settling collective labour disputes, and shall have the right to organize and stage, in conformity with Federal law, strikes, meetings, rallies, street marches, demonstrations, picketing and other collective acts, making use thereof as a means for protection of the social-and-labour rights and interests of employees.

Article 15. Trade Union Relations with Employers, Their Amalgamations (Unions, Associations), Organs of State Power, and Organs of Local Self-Government

Article 16. Relations of Trade Unions, Primary Trade Union Organizations and Their Bodies with Other Representative Bodies of Employees in Organization and with Management Bodies of Organization

Article 17. Right of Trade Unions to Information

Article 18. Right of Trade Unions to Participate in Training and Higher Training of Trade Union Personnel

Trade unions shall have the right to set up educational and scientific-research institutions, and to effect the training, retraining and higher training of trade union personnel and instruction of trade union personnel and trade union members.

Trade union educational and scientific-research institutions may be partially financed out of the funds of the respective budgets, in the established manner.

Article 19. Right of Trade Unions to Exercise Trade Union Control of Compliance with Labour Legislation

Article 20. Rights of Trade Unions in Protection of Labour and Natural Environment

Article 21. Trade Union Participation in Privatization of State-Owned and Municipal Property

Trade unions shall have the right to have their own representatives in commissions being set up in an organization for the privatization of state-owned and municipal property, including social-purpose facilities.

A trade union representative shall be among the representatives of the organization appointed to the respective property management committee to take part in the work of the privatization commission of the organization and to exercise trade union control.

Article 22. Rights of Trade Unions to Social Protection of Employees

Article 23. Right of Trade Unions to Protection of Employee Interests in Agencies Considering Labour Disputes

In the event of breach of labour legislation, trade unions shall have the right, at the request of trade union members and other employees, and also on their own initiative, to lodge appeals in protection of their labour rights with agencies considering labour disputes.

Trade unions may set up law services and consultations for the protection of the social-and-labour and other civil rights and professional interests of their members.


Chapter III. Guarantees of Trade Union Rights

Article 24. Guarantees of Property Rights of Trade Unions

Article 25. Guarantees to Employees Who Are Members of Trade Union Bodies and Are Not Released from Main Duties

Article 26. Guarantees for Full-Time Trade Union Personnel Elected (Delegated) to Trade Union Bodies

Article 27. Guarantees of Right to Work for Employees Who Were Members of Trade Union Bodies

Dismissal on the employer's initiative of employees who were members of trade union bodies shall not be permitted within the period of two years after the end of the period of their powers, except where the organization is liquidated or where the employee commits acts entailing dismissal under Federal law. In such cases, the dismissal shall be made in the manner provided for in Clause 3 of Article 25 of the present Federal Act.

Article 28. Employer's Duties to Create Conditions for Trade Union Activity


Chapter IV. Protection of Trade Union Rights

Article 29. Judicial Protection of Trade Union Rights

The judicial protection of the rights of trade unions shall be guaranteed.

Cases of breach of trade union rights shall be heard by a court of law on the petition of a procurator or on a statement of claim or bill of complaint filed by the respective body of the trade union or primary trade union organization.

Article 30. Liability for Breach of Trade Union Rights


Chapter V. Liability of Trade Unions

Article 31. Liability of Trade Unions

For nonfulfillment of its obligations under a collective contract or agreement, for organizing and staging a strike declared by a court of law to be illegal, trade unions and persons within their governing bodies shall bear liability under Federal laws.


Chapter VI. Concluding Provisions

Article 32. Entry of the Present Federal Act into Force

The present Federal Act shall enter into force from the day of its official promulgation.

Article 33. Bringing of Legal Enactments into Conformity with the Present Federal Act

The Russian Federation President shall be requested and the Russian Federation Government authorized to bring their legal enactments into conformity with the present Federal Act.



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