According to the new rules of the Ministry of Labor, the employer is obliged to comply with the industry agreement
The Ministry of Labor presented new industry agreements between trade unions and employers. Even those enterprises that are not part of any associations should follow them.
However, some unscrupulous employers are still trying to circumvent the system. Companies assign false OKVED codes to themselves and thereby evade the execution of agreements through the courts. Lawyers, however, doubt that the courts will make similar decisions in other cases. According to Igor Gushchev, Senior Partner of the Duvernoix Legal law firm, when considering a dispute, the court will take into account both the OKVED codes and the activities actually carried out by the employer.
"An employer's failure to comply with the terms of an industry agreement may qualify as a violation of labor legislation," the expert believes.