The Moscow trilateral Agreement establishes additional obligations for employers, in particular:
to consider the minimum wage in Moscow equal to the size of the subsistence minimum of the able-bodied population of Moscow, approved by the City Government for the corresponding year (from January 1, 2022, the minimum wage in Moscow is 21,371 rubles per month);
to provide financing for measures to improve working conditions and occupational safety in the organization, while the annual amount of funds allocated per employee should not be lower than the minimum wage in Moscow;
provide employees undergoing vaccination (revaccination) against coronavirus infection with two paid days off;
to provide employees dismissed in connection with the liquidation of the organization or the reduction of the number or staff, the opportunity to undergo vocational training and receive additional vocational education;
to send information on the employment of pensioners to the social protection authorities of the city of Moscow no later than 5 working days from the date of the adoption by the employer of a local legal act on the employment of a retired employee.
We would like to draw your attention to the fact that if a company operating in Moscow, including through its separate divisions, does not plan to assume additional responsibilities established by the Moscow Trilateral Agreement, it needs to inform the trilateral commission about this by sending a written reasoned statement by February 9, 2022 inclusive. about his disagreement with this Agreement as a whole or its specific obligations (Part 9 of Article 12 of the Law of Moscow dated 11.11.2009 No. 4 "On Social Partnership in the city of Moscow"). Otherwise, the company will be subject to the Moscow Trilateral Agreement in full.
The Company has the right to refuse to participate in the Moscow Trilateral Agreement in full or on separate points. The application must contain reasoned explanations for each guarantee that the company plans to refuse. Options for reasons for refusing to join the Moscow trilateral Agreement may be, for example, the lack of sufficient funding to ensure the implementation of additional guarantees, the presence at the local level of additional guarantees established by the company in respect of employees, improving their situation in comparison with the legislation, etc.p.
If the company does not refuse to fulfill the Moscow Trilateral Agreement in writing and does not fulfill the obligations stipulated in it, the employee of the company may apply to the court and demand additional benefits. The courts oblige employers to comply with the guarantees provided for in the agreements (see, for example, the appeal ruling of the Moscow City Court of 30.07.2020 in case No. 33-27659).
In addition, Article 5.31 of the Administrative Code of the Russian Federation provides for administrative punishment in the form of a warning or an administrative fine of up to 5,000 rubles for employers who have violated or failed to fulfill obligations under a collective agreement, agreement.
A statement of disagreement with the Moscow Trilateral Agreement must be sent to the Moscow Trilateral Commission for the Regulation of Social and Labor Relations through the Committee of Public Relations and Youth Policy of the City of Moscow at the address: 36 Novy Arbat Str., Moscow, 121099. We recommend sending a letter with an inventory of attachments, as well as duplicating the direction of a scanned copy of the letter by e-mail to address: kos@mos.ru.
For our part, we will be happy to promptly support the preparation of an appropriate reasoned statement to the Moscow Trilateral Commission.