It is widely known that the foundation of employment within an organization is the conclusion of an employment contract. It is this document that specifies the key aspects of the agreements between the employee and the employer: the place of work, job function, start date, remuneration, working conditions, work and rest schedules, the nature of the work, as well as guarantees and compensations.
In the course of their professional activities, an employee may encounter violations of their rights. Who and what can protect an employee's rights within an organization?
The trade union organization serves as the foundation for protecting the interests of employees. It is thanks to the presence of a trade union that a collective agreement is established within an organization.
A collective agreement is a legal act regulating social and labor relations in an organization or with an individual entrepreneur, concluded by employees and the employer through their representatives (as defined by Article 40 of the Labor Code of the Russian Federation).
It is concluded between the employer and the employee and is intended to improve working conditions in the organization while providing guarantees and compensations. As a rule, the guarantees and compensations specified in a collective agreement are higher than those provided by the state. Furthermore, a collective agreement may provide for sanatorium-resort and health-improving recreation for individuals working in hazardous conditions, among many other benefits.
Let's consider an example of a violation of employee rights regarding compensation for work in hazardous conditions and the methods for monitoring such violations.
Suppose that during a special assessment of working conditions, an employer provides inaccurate information, and the results of the special assessment do not reflect the actual values of the impact of harmful factors on the employee.
In practice, this affects the determination of the working conditions class and, consequently, the level of additional pay established by the state. Violations are most commonly found in the assessment of noise and chemical factors.
In the event of suspected violations by the employer, the trade union has the right to conduct an independent expert review of the special assessment results. This allows for the establishment of the employee's true rights and the attainment of the required compensation.
The capabilities of trade unions to protect employee rights regarding compliance with labor legislation are quite extensive. Within the framework of public control, trade unions can monitor compliance with agreements on remuneration, workplace safety, and more.
Moreover, all local regulatory acts must be coordinated with the trade union. Its members also participate in conducting special assessments of working conditions and serve on commissions.
Therefore, the contribution of the trade union to the well-being of employees is invaluable.