Publication date: 24.07.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Definition of the labor team
The labor team of an enterprise or organization unites all employees who participate in the activities of this enterprise on the basis of an employment contract (employment contract, agreement) or other forms regulating labor relations with the enterprise. They form an organizationally integrated social and labor association.
The main characteristics of the labor team:
- Organizational unity. The workforce is characterized by organizational unity, which means that all employees are united in the structure of an enterprise or organization, where everyone performs their functions and responsibilities within the framework of general activity.
- Joint management bodies. The labor collective has joint management bodies, which may include employee representatives and enterprise management. These bodies are designed to make decisions on issues affecting all employees and the enterprise's activities as a whole.
- Owner or authorized body. Management of the labor team is carried out by the owner of the enterprise or a body authorized by him. It can be the head of the enterprise or his representatives, who are responsible for the organization and management of the internal affairs of the enterprise.
- Characteristics. The labor team is characterized by the common interests of employees, cooperation within the framework of the production process, joint responsibility for the results of the enterprise and interaction with management to achieve common goals.
General meeting (conference) of the labor team
The highest body of the labor collective:
The general meeting of the labor collective is the main form of exercise of the powers of the collective. It is an important platform for making decisions that affect the entire team.
Election of the Labor Council (RTK):
The General Assembly elects the Labor Council and listens to reports on its activities. The RTK can be a representative body that interacts with the enterprise's administration regarding socio-economic and labor issues.
Granting trade unions the right of representation:
General meetings can grant trade unions the right to represent the labor collective in negotiations with the administration regarding working conditions, wages and other socio-economic issues.
Consideration and approval of the collective agreement:
The general meeting considers and approves the draft collective agreement, which defines the rights and obligations of the parties in the field of labor relations.
Approval of the rules of the internal labor procedure:
The general assembly approves, upon submission of the administration, the rules of the internal labor procedure, which regulate the procedure of work at the enterprise.
Election of representatives to the council of the labor collective, institutions:
General meetings elect representatives of the labor collective to various management bodies, which are responsible for the socio-economic interests of employees.
Deciding on a strike:
The general meeting can decide to declare a strike in case of unresolved labor conflicts or violation of workers' rights.
Other issues in accordance with the collective agreement:
General meetings consider and make decisions on other issues arising from the collective agreement and other regulatory legal acts.
General meetings of the labor collective are an important tool for ensuring representation and protection of the interests of employees in relations with the administration of the enterprise. They contribute to democratic management and resolution of important issues related to labor relations and working conditions.
Conditions for holding meetings (conferences) of the labor team:
- Frequency of holding: Meetings (conferences) are convened by the Labor Council (RTK) if necessary, but not less than twice a year. This ensures the regularity of discussion of important issues and decision-making.
Eligibility of the meeting: The meeting is considered valid if more than half of the total number of team members represented at the conference participate in it (at least 2/3 of the delegates). This ensures sufficient legitimacy of the decisions made.- Initiative regarding the agenda: Issues may be brought to the consideration of the meeting at the initiative of the RTK, the administration of the enterprise, trade unions and other public organizations, as well as individual members of the team. These may be issues related to working conditions, social guarantees, or other aspects of the company's activity.
- Decision-making procedure: Issues are discussed at meetings according to the agenda, which is approved in advance. Decisions are made by majority vote of the delegates present who have the right to vote.
Documentation and implementation of decisions: After the meeting, a protocol is drawn up with the results of discussions and decisions made. The administration of the enterprise is obliged to ensure the implementation of the decisions made within the established terms and procedures.
Holding of general meetings in structural divisions of the enterprise:
Holding meetings (conferences) of labor groups by structural units is an important aspect of the organization of labor relations at the enterprise. Here is a detailed description of the process of holding such conferences:
Preparation for the conference
- Approval of norms of representation: Before holding a conference, it is necessary to approve norms of representation at the conference from labor groups of structural units. This determines how many delegates from each structural unit will be represented at the conference.
- Election of delegates: Delegates to the conference are elected in accordance with the approved norms of representation. The election procedure should be carried out openly and democratically, possibly by secret ballot among the employees of the structural unit.
- Preparation of the agenda: Before the conference, an agenda is drawn up, which contains the issues that are planned to be discussed and decided upon. This agenda can include various issues from working conditions to social issues and collective initiatives.
Holding a conference
- Organization of the conference: The conference is held according to the prepared agenda. Typically, this may include opening the conference, discussing each issue, making decisions, and closing the conference.
- Decision-making: Decisions are made by a majority vote of the delegates present at the conference. It is important that each delegate has the opportunity to express his opinion and vote according to his own convictions.
Documentation and post-conference events
- Drafting of minutes: After the conference is over, minutes are drawn up with all decisions made and issues resolved. This document serves as an official reflection of the results of the conference.
- Implementation of the adopted decisions: The administration of the enterprise ensures the implementation of the decisions adopted at the conference and implements the necessary changes in the operation of the enterprise in accordance with the established procedures and deadlines.
- Holding conferences of labor collectives by structural subdivisions allows effective coordination and resolution of issues concerning specific groups of employees and contributes to the strengthening of internal democratic management at the enterprise.
Assistance of a lawyer in holding meetings of the labor team
The assistance of a lawyer in conducting meetings of the labor team can be important to ensure the legal correctness of the process and the fulfillment of all the requirements of the law. Here are the aspects that can be covered by the online lawyer advice:
- Preparation of legal documents: The services of a lawyer can help in the preparation of necessary documents for holding meetings, in particular, approval of the agenda, creation of minutes and decisions.
- Consultation of a lawyer on legal issues: The types of legal services provides advice to meeting participants on their rights and obligations, voting and decision-making procedures, requirements for drawing up protocols.
- Legal analysis of the situation: A lawyers online can analyze the issues that are brought to the meeting for their compliance with legislation and collective agreements.
- Legal services for the preparation of agreements and contracts: A online assistance of a lawyer can help to conclude agreements and contracts that may arise at meetings, for example, collective agreements, agreements with trade unions, etc.
- Services of a lawyer for representation and protection of rights: If necessary, a lawyer can represent the interests of the labor team during meetings, in particular in the resolution of conflict situations or disputes, which will include both pre-trial dispute settlement methods and court proceedings.
- Lawyer services online of the legitimacy of the decisions made: The legal services online can assess the legitimacy of the decisions made at the meeting, their compliance with the company's statutes and legislation.
The labor team is the main structure of the internal organization of the enterprise, where employees work together to achieve the goals of the enterprise, interacting with management through joint management bodies and maintaining organizational unity. The cost of legal services will depend on the number of functions that will depend on the lawyer and the complexity of the enterprise's corporate structure.
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