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FEDERAL LAW

NO. 156-FZ OF NOVEMBER 27, 2002

ON EMPLOYERS' ASSOCIATIONS

Passed by the State Duma on October 30, 2002

Endorsed by the Federation Council on November 13, 2002

Article 1. Scope of the Federal law

1. This Federal law determines the legal status of employers' associations, and the procedure for the creation, activity, reorganization and liquidation of such associations.

2. This federal law shall apply to all employers' associations that conduct their activities on the territory of the Russian Federation.

Article 2. Employers' right to association

1. Employers shall have the right, without the prior permission of of the bodies of state authority, bodies of local self-governance or other bodies, to form, on a voluntary basis, employers' associations with the objective of representing the legitimate interests and protect the rights of its members in the sphere of social and labour relations and in related economic relations with trade unions, and associations of trade unions amalgamations, bodies of state authority, and bodies of self-governance.

2. The state shall promote the exercise of the right of employers to association with the objective of developing social partnership, provide for the participation of employers in accordance with the established procedure in the shaping and conducting of coordinated policies in the sphere of social and labour relationships and related economic relations.

Article 3. The concept of employers' associati and its legal status

1. The employers' association is a form of non-profit organization based on the membership of employers (both legal and/or natural persons).

2. The legal status of employers' associations shall be such as defined under the Constitution of the Russian Federation, international treaties and agreements of the Russian Federation, this Federal law and other federal laws.

Article 4. Types of employers' associations

1. Employers' associations may be created on territorial, (regional, inter regional), sectoral, inter sectoral or territorial - sectoral basis.

2. The All-Russia employers' association is an association created on a voluntary basis by all-Russia's sectoral (intersectoral), regional (interregional) employers' associations, whose activity covers the territories of more than half the Subjects of the Russian Federation.

The charters of the All-Russia employers' associations may also provide for membership therein of employers.

3. The All-Russia sectoral (inter sectoral) employers' association of a certain sector (sectors) or of a certain type (types) of activity which activity in its totality covers the territories of more than half the Subjects of the Russian Federation and/or with whom not less than half the employees of a sector (sectors) or type (types) of activity have labor relations.

4. The interregional (sectoral, inter sectoral) employers' association is an association created on a voluntary basis by employers and/or their regional, territorial associations whose activity covers not less than two Subjects of the Russian Federation.

5. The regional employers' association is an association created on a voluntary basis by employers and/or their regional, sectoral and territorial associations whose activity covers the territory of one Subject of the Russian Federation.

6. The regional sectoral employers' association is an association created on a voluntary basis by employers of a sector (type of activity) whose activity covers the territory of one Subject of the Russian Federation.

7. The territorial employers' association is an association created on a voluntary basis by employers and/or their territorial sectoral associations whose activity covers one municipal unit.

8. The territorial sectoral employers' association is an association created on a voluntary basis by employers of a certain sector (type of activity) whose activity covers the territory of one municipal unit.

Article 5. Principles of activity of an employers' association

1. The activity of an employers' association shall be conducted on the principle of voluntary entry into and exit from the employers' association and/or their amalgamations.

2. The employers' association shall be independent in defining the goals, types and lines of its activity.

3. The interaction between employers' associations, trade unions and their amalgamations, and bodies of state authority, and bodies of self-governance in the sphere of social and labor relationships and related economic relations shall be based on the principles of social partnership.

Article 6. Independence of employers' associations of employers

1. Employers' associations shall pursue their activity independently of bodies of state authority, bodies of self-governance, trade unions and trade union amalgamations of trade unions, political parties and movements and other public organisations (associations).

2. The bodies of state authority, bodies of self-governance and their officials are forbidden to intervene in the activity of employers' associations where such interference may result in the restriction of rights of employers' associations established by international treaties and agreements of the Russian Federation, this Federal law, other federal laws and other statutory legal acts of the Russian Federation.

3. The procedure of interaction between employers' associations shall be defined by them in accordance with their charters and by decisions of the employers' association governing bodies of associations of employers.

Article 7. Rights of members of employers' associations

1. The members of the employers' association shall have equal rights.

2. The members of the employers' association shall have the right:

Article 8. Obligations of members of the employers' association

The association members shall be obligated:

Article 9. Responsibility of members of the employers' association

1. The violation of or failure by a member of the employers' association to comply with the obligations envisaged under contracts and agreements concluded by the employers' association shall entail liability as provided according to the procedure established under the legislation of the Russian Federation and said contracts and agreements.

2. The termination by an employer of its membership of an employers' association shall not absolve him from the liability envisaged under the legislation of the Russian Federation and relevant agreements for violation of or non-compliance with the obligations provided under the contracts and agreements made while the employer was a member of that association.

3. An employer who joined the employers' association in the period of validity of contracts and agreements concluded by the employers' association, shall be held responsible for the violation of or non compliance with the obligations provided under such contracts and agreements in the manner established under the legislation of the Russian Federation , and those agreements.

Article 10. Setting up of an employers' association

1. The employers' association shall be set up on the basis of a decision taken by its founders.

The employers' association may be founded by not less than two employers or two employers' associations.

2. The legal capacity of the employers' association as a legal entity shall commence as from the time of its state registration in accordance with the federal law on state registration of legal entities.

Article 11. Founding documents of employers' associations

1. The founding documents of employers' associations shall be their charters.

2. The charter of an employers' association shall specify as follows:

3. The charter of the employers' association may provide for liability of a member of the employers' association for non compliance with the provisions of the charter and decisions of the employers' association's governing bodies.

4. Amendments to the employers' association's charter shall be made on the basis of a decision taken by its supreme governing body.

Article 12. Employers' association's governing bodies

The structure, procedure for formation and powers of the employers' association's governing bodies and decision taking procedure applied by them shall be such as prescribed under the employers' association charter.

Article 13. Rights of the employers' association

1. The employers' association shall have the right:

The employers' association may also have other rights envisaged by the employers' association charter.

2. The employers' associations shall have the same rights as trade unions and their amalgamations and also bodies of state authority to equal representation within governing bodies of the governmental non-budgetary foundations as provided under the legislation of the Russian Federation.

Article 14. Obligations of employers' associations

The employers' association shall be obligated:

Article 15. Liability of employers' association

1. The employers' association shall be held responsible for the violation of and non-compliance with contracts and agreements made by the association in so far as it concerns the obligations of the association, in the manner envisaged under the legislation of the Russian Federation and the said agreements.

2. The employers' association shall not answer for obligations of its members, including those envisaged under contracts and agreements made by the employers' association.

Article 16. Property of employers' association

1. The employers' association may possess with the right of ownership and other rights land plots, buildings, structures, housing facilities, equipment, implements, monetary funds both in roubles and foreign currency, securities and other property.

2. The members of the employers' association shall not, upon exit from the employers' association , retain the rights for the property passed by them into ownership of the employers' association, including for membership dues and other contributions made by them, unless otherwise is provided under the employers' association charter.

3. The employers' association shall not answer for obligations of the employers' association members with its property.

Article 17. Reorganization and liquidation of the employers' association

1. The reorganization or liquidation of the employers' association shall be carried out on the basis of a relevant decision of the supreme governing body of the employers' association.

The employers' association may be reorganized and liquidated also in instances specified under federal laws.

2. The reorganization or liquidation of the employers' association shall be carried out in the manner prescribed under federal laws.

Article 18. Transitory provisions

1. Within three years as from the effective date of this federal law, the employers' association set up prior to the entry into effect of this federal law, shall be obligated to bring its founding documents into line with this federal law. Until the employers' associations set up prior to the entry into effect of this federal law bring their founding documents into accord with this federal law, said founding documents shall be valid in so far as they do not run counter to this federal law.

2. Employers' associations set up prior to the effective date of this federal law that have failed to bring their founding documents into line with this federal law within the time frame set under Part One of this Article, shall be liquidated in due course of law at the request of the body that has effected their state registration.

Article 19. This federal law taking effect

This federal law shall take effect as from the day of its official publication.

President of the Russian Federation

V. Putin

The Kremlin, Moscow