Federal Law No.156-FZ of the Russian Federation on Employers' Associations (2002) (English)

FEDERAL LAW

NO. 156-FZ OF NOVEMBER 27, 2002

ON EMPLOYERS' ASSOCIATIONS

Passed by the State Duma on October 30, 2002

Endorsed by the Federation Council on November 13, 2002

Article 1. Scope of the Federal law

1. This Federal law determines the legal status of employers' associations, and the procedure for the creation, activity, reorganization and liquidation of such associations.

2. This federal law shall apply to all employers' associations that conduct their activities on the territory of the Russian Federation.

Article 2. Employers' right to association

1. Employers shall have the right, without the prior permission of of the bodies of state authority, bodies of local self-governance or other bodies, to form, on a voluntary basis, employers' associations with the objective of representing the legitimate interests and protect the rights of its members in the sphere of social and labour relations and in related economic relations with trade unions, and associations of trade unions amalgamations, bodies of state authority, and bodies of self-governance.

2. The state shall promote the exercise of the right of employers to association with the objective of developing social partnership, provide for the participation of employers in accordance with the established procedure in the shaping and conducting of coordinated policies in the sphere of social and labour relationships and related economic relations.

Article 3. The concept of employers' associati and its legal status

1. The employers' association is a form of non-profit organization based on the membership of employers (both legal and/or natural persons).

2. The legal status of employers' associations shall be such as defined under the Constitution of the Russian Federation, international treaties and agreements of the Russian Federation, this Federal law and other federal laws.

Article 4. Types of employers' associations

1. Employers' associations may be created on territorial, (regional, inter regional), sectoral, inter sectoral or territorial - sectoral basis.

2. The All-Russia employers' association is an association created on a voluntary basis by all-Russia's sectoral (intersectoral), regional (interregional) employers' associations, whose activity covers the territories of more than half the Subjects of the Russian Federation.

The charters of the All-Russia employers' associations may also provide for membership therein of employers.

3. The All-Russia sectoral (inter sectoral) employers' association of a certain sector (sectors) or of a certain type (types) of activity which activity in its totality covers the territories of more than half the Subjects of the Russian Federation and/or with whom not less than half the employees of a sector (sectors) or type (types) of activity have labor relations.

4. The interregional (sectoral, inter sectoral) employers' association is an association created on a voluntary basis by employers and/or their regional, territorial associations whose activity covers not less than two Subjects of the Russian Federation.

5. The regional employers' association is an association created on a voluntary basis by employers and/or their regional, sectoral and territorial associations whose activity covers the territory of one Subject of the Russian Federation.

6. The regional sectoral employers' association is an association created on a voluntary basis by employers of a sector (type of activity) whose activity covers the territory of one Subject of the Russian Federation.

7. The territorial employers' association is an association created on a voluntary basis by employers and/or their territorial sectoral associations whose activity covers one municipal unit.

8. The territorial sectoral employers' association is an association created on a voluntary basis by employers of a certain sector (type of activity) whose activity covers the territory of one municipal unit.

Article 5. Principles of activity of an employers' association

1. The activity of an employers' association shall be conducted on the principle of voluntary entry into and exit from the employers' association and/or their amalgamations.

2. The employers' association shall be independent in defining the goals, types and lines of its activity.

3. The interaction between employers' associations, trade unions and their amalgamations, and bodies of state authority, and bodies of self-governance in the sphere of social and labor relationships and related economic relations shall be based on the principles of social partnership.

Article 6. Independence of employers' associations of employers

1. Employers' associations shall pursue their activity independently of bodies of state authority, bodies of self-governance, trade unions and trade union amalgamations of trade unions, political parties and movements and other public organisations (associations).

2. The bodies of state authority, bodies of self-governance and their officials are forbidden to intervene in the activity of employers' associations where such interference may result in the restriction of rights of employers' associations established by international treaties and agreements of the Russian Federation, this Federal law, other federal laws and other statutory legal acts of the Russian Federation.

3. The procedure of interaction between employers' associations shall be defined by them in accordance with their charters and by decisions of the employers' association governing bodies of associations of employers.

Article 7. Rights of members of employers' associations

1. The members of the employers' association shall have equal rights.

2. The members of the employers' association shall have the right:

1) to participate in the formation of the employers' association's governing bodies as is prescribed under the charter of the employers' association;

2) to submit for consideration of the employers' association's governing bodies proposals concerning the activity of the employers' association, to participate in considering those same proposals, and also in taking relevant decisions as is prescribed under the charter of the employers' association;

3) to participate in defining the contents and structure of contracts and agreements to be concluded by the employers' association, which regulate social and labour relationships and related economic relations (hereinafter referred to as "contracts agreements");

4) to receive information on the activity of the employers' association, the contracts and agreements concluded by it and also the texts of those contracts and agreements;

5) to receive from the employers' association assistance regarding the application of legislation regulating labour relations and other relations directly related thereto, the preparation of local statutory acts embodying norms of the labor law, the conclusion of collective contracts, agreements, and also settlement of individual and collective labor disputes;

6) to freely exit from the employers' association;

7) other rights envisaged under the charter of the employers' association.

    Article 8. Obligations of members of the employers' association

    The association members shall be obligated:

    - to comply with the requirements of the employers' association charter;

    - to abide by the terms and conditions of the contracts and agreements made by the employers' association, to comply with obligations provided under those contracts and agreements.

      Article 9. Responsibility of members of the employers' association

      1. The violation of or failure by a member of the employers' association to comply with the obligations envisaged under contracts and agreements concluded by the employers' association shall entail liability as provided according to the procedure established under the legislation of the Russian Federation and said contracts and agreements.

      2. The termination by an employer of its membership of an employers' association shall not absolve him from the liability envisaged under the legislation of the Russian Federation and relevant agreements for violation of or non-compliance with the obligations provided under the contracts and agreements made while the employer was a member of that association.

      3. An employer who joined the employers' association in the period of validity of contracts and agreements concluded by the employers' association, shall be held responsible for the violation of or non compliance with the obligations provided under such contracts and agreements in the manner established under the legislation of the Russian Federation , and those agreements.

      Article 10. Setting up of an employers' association

      1. The employers' association shall be set up on the basis of a decision taken by its founders.

      The employers' association may be founded by not less than two employers or two employers' associations.

      2. The legal capacity of the employers' association as a legal entity shall commence as from the time of its state registration in accordance with the federal law on state registration of legal entities.

      Article 11. Founding documents of employers' associations

      1. The founding documents of employers' associations shall be their charters.

      2. The charter of an employers' association shall specify as follows:

      1) name of the employers' association;

      2) goals and tasks of the employers' association;

      3) the location of the employers' association;

      4) the procedure for governing the employers' association;

      5) rights and obligations of the employers' association members;

      6) conditions and procedure for admission of new members of and exit therefrom;

      7) sources of formation of property of the employers' association;

      8) the procedure for making amendments to the charter of the employers' association charter;

      9) the structure and procedure for setting up and powers of the employers' association's governing bodies and the decision taking procedure applied by them;

      10) the procedure for authorizing the investing representative and/or representatives of the employers' association with powers to conduct collective negotiations on the preparation, conclusion of and amendment to contracts and agreements and also to participate in conciliatory procedures in case of emergence of collective labour disputes;

      11) other provisions not conflicting with the Constitution of the Russian Federation and the legislation of the Russian Federation.

        3. The charter of the employers' association may provide for liability of a member of the employers' association for non compliance with the provisions of the charter and decisions of the employers' association's governing bodies.

        4. Amendments to the employers' association's charter shall be made on the basis of a decision taken by its supreme governing body.

        Article 12. Employers' association's governing bodies

        The structure, procedure for formation and powers of the employers' association's governing bodies and decision taking procedure applied by them shall be such as prescribed under the employers' association charter.

        Article 13. Rights of the employers' association

        1. The employers' association shall have the right:

        1) to work out a coordinated position of the employers' association members regarding the regulation of social-labour relationships and related economic relations and uphold that position in its relations with trade unions and their amalgamations, and bodies of state authority, bodies of self-governance;

        2) to coordinate with other employers' associations the position of the employers' association on the regulation of social-labour relationships and related economic relations;

        3) to uphold the legitimate interests and defend the rights of its members in relationships with trade unions and their amalgamations, bodies of state authority and bodies of self-governance;

        4) to come up with an initiative to conduct collective negotiations on the preparation, conclusion and amendment of contracts and agreements;

        5) to authorize its representatives to conduct collective negotiations on the preparation, conclusion and amendment of contracts and agreements, to participate in the setting up and activity of relevant commissions on issues regarding the regulation of social-labor relationships, in conciliatory commissions, and labour arbitration as regards the consideration and settlement of collective labour disputes;

        6) make according to the established procedure proposals on the adoption of laws and other statutory acts regulating social-labour relationships and related economic relations and those affecting the rights and legitimate interests of the employers, participating in the elaboration of same;

        7) participate in the established manner in the implementation of measures providing for employment of the population;

        8) conduct consultations (talks) with trade unions and their amalgamations, executive authorities, and bodies of self-governance on the basic aspects of social and economic policies;

        9) receive from trade unions and their amalgamations, executive authorities and bodies of self-governance information that may be available with them on social and labour issues required to conduct collective negotiations to prepare, conclude and make amendments to contracts and agreements, and exercise control over the implementation of same.

          The employers' association may also have other rights envisaged by the employers' association charter.

          2. The employers' associations shall have the same rights as trade unions and their amalgamations and also bodies of state authority to equal representation within governing bodies of the governmental non-budgetary foundations as provided under the legislation of the Russian Federation.

          Article 14. Obligations of employers' associations

          The employers' association shall be obligated:

          - to conduct in the manner established under federal laws collective negotiations, conclude, subject to duly coordinated terms and conditions, contracts and agreements with trade unions and their amalgamations;

          - to implement contracts and agreements that have been made in so far as it concerns the obligations of the employers' associations;

          - to make available to its members the information concerning contracts and agreements made by the employers' association and the texts of such contracts and agreements;

          - to provide to trade unions and their amalgamations, bodies of executive authority and bodies of self-governance information that may be available with the employers' association on social and labour issues required to conduct collective negotiations with the objective to prepare, conclude and make amendments to contracts and agreements, and exercise control over the implementation of same;

          - to exercise control over the implementation of contracts and agreements made by the employers' association;

          - to facilitate the compliance by the employers' association's members with the obligations provided under contracts and agreements and also of collective agreements made by employers that are members of the employers' association;

          - to report back to their members on the activity of the employers' association in the manner and within the time frames specified by the employers' association charter;

          - to render assistance to its members regarding the application of legislation regulating labor relationships and other relations directly related thereto, the preparation of local statutory acts embodying norms of the labour law, conclusion of collective contracts, agreements and settlement of individual and collective labour disputes;

          - to comply with other obligations provided under the employers' association charter.

            Article 15. Liability of employers' association

            1. The employers' association shall be held responsible for the violation of and non-compliance with contracts and agreements made by the association in so far as it concerns the obligations of the association, in the manner envisaged under the legislation of the Russian Federation and the said agreements.

            2. The employers' association shall not answer for obligations of its members, including those envisaged under contracts and agreements made by the employers' association.

            Article 16. Property of employers' association

            1. The employers' association may possess with the right of ownership and other rights land plots, buildings, structures, housing facilities, equipment, implements, monetary funds both in roubles and foreign currency, securities and other property.

            2. The members of the employers' association shall not, upon exit from the employers' association , retain the rights for the property passed by them into ownership of the employers' association, including for membership dues and other contributions made by them, unless otherwise is provided under the employers' association charter.

            3. The employers' association shall not answer for obligations of the employers' association members with its property.

            Article 17. Reorganization and liquidation of the employers' association

            1. The reorganization or liquidation of the employers' association shall be carried out on the basis of a relevant decision of the supreme governing body of the employers' association.

            The employers' association may be reorganized and liquidated also in instances specified under federal laws.

            2. The reorganization or liquidation of the employers' association shall be carried out in the manner prescribed under federal laws.

            Article 18. Transitory provisions

            1. Within three years as from the effective date of this federal law, the employers' association set up prior to the entry into effect of this federal law, shall be obligated to bring its founding documents into line with this federal law. Until the employers' associations set up prior to the entry into effect of this federal law bring their founding documents into accord with this federal law, said founding documents shall be valid in so far as they do not run counter to this federal law.

            2. Employers' associations set up prior to the effective date of this federal law that have failed to bring their founding documents into line with this federal law within the time frame set under Part One of this Article, shall be liquidated in due course of law at the request of the body that has effected their state registration.

            Article 19. This federal law taking effect

            This federal law shall take effect as from the day of its official publication.

            President of the Russian Federation

            V. Putin

            The Kremlin, Moscow

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