Article 372. Procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting local regulations

The employer, in the cases provided for in this Code, other federal laws and other legal acts of the Russian Federation, collective agreement, agreements, prior to adoption The decision shall refer the draft local regulation and its justification to the elected body of the primary trade union organization representing the interests of all or most of the employees. The body of the primary trade union organization shall, not later than five working days from the date of receipt of the draft local regulation in question, transmit to the employer a reasoned opinion on the project in writing In the event that the reasoned opinion of the elected body of the primary trade union organization does not contain an agreement with the draft local regulation or contains proposals for its completion an employer may agree to it or must, within three days of receiving a reasoned opinion, consult further with the elected body of the primary trade union on the In the absence of agreement, differences are settled by protocol, after which the employer has the right to adopt a local rule. A negative act which may be appealed by an elected body of the primary trade union organization to the relevant State Labour Inspectorate or to the court. and also has the right to initiate a collective labour dispute procedure in accordance with the procedure established by this Codex. a trade union organization must, within one month from the date of receipt of the complaint (application), carry out an inspection and, in the event of a finding of a violation, issue an order to the employer to repeal the said law. The Committee is of the opinion that the State party should take all necessary steps to ensure that the State party’s legislation is not violated.