Persons participating in collective negotiations, preparation of a draft agreement, are released from their main work while maintaining their average earnings for a period determined by agreement of the parties, but not more than three months.
All costs associated with participation in the event are compensated in accordance with the procedure established by labor legislation and other regulations. legal acts, containing norms labor law, collective agreement, agreement. Payment for the services of experts, specialists and intermediaries is made by the inviting party, unless otherwise provided by the collective agreement or agreement.
Representatives of employees participating in negotiations during the negotiation period cannot, without the prior consent of the body that authorized them to represent them, be subject to disciplinary action, transferred to another job or dismissed at the initiative of the employer, except in cases of termination employment contract for committing an offense for which, in accordance with this Code, other federal laws dismissal from work is provided.
Article 39
5. The Labor Code of the Russian Federation does not determine which party will bear the costs of maintaining the average earnings of such persons. However, it should be recognized that since all costs associated with participation in collective bargaining are compensated in the manner established by law, other regulations, collective agreements, agreements, the parties, when deciding on the period of release, must stipulate the obligations for making appropriate payments (naturally, if they are not provided for by a collective agreement or agreement).What guarantees and compensation are provided to individuals participating in collective bargaining?
In this case, it is acceptable to use an analogy with a business trip.Obviously, the amount of compensation for expenses associated with participation in collective bargaining cannot be less than the norms for reimbursement of expenses for employees sent on a business trip.
Payment for the services of experts, specialists, intermediaries who assist the parties in agreeing on the terms and preparing a draft contract or agreement is made by representatives of the party that invited them to participate in the negotiations.
1. As a rule, employee participants in the negotiations are released from their main work during collective bargaining. For persons representing the employer (the head of the organization, persons authorized by him), participation in collective bargaining is part of their job responsibilities.
However, given the possibility of participation in collective bargaining on the part of the employer of persons for whom this activity is not provided for by the labor function, as well as instructions to any of the employees during the negotiation period to perform duties aimed solely at ensuring the negotiation process, these persons may also be released from their main job.
1. Persons participating in collective negotiations, preparing draft collective contracts and agreements, as well as specialists invited to participate in this work, are released from their main work while maintaining their average earnings for a period of no more than 3 months.
during a year. All costs associated with participation in negotiations are compensated in the manner prescribed by labor legislation, collective agreements, and agreements.
Collective negotiations, the procedure for conducting them
Employers and executive authorities are obliged to negotiate on labor and socio-economic issues proposed for consideration by trade unions and other representative bodies authorized by employees.Participants in collective bargaining are free to choose issues related to the regulation of social and labor relations (Art. 37 Labor Code of the Russian Federation). The timing, place and procedure for holding collective negotiations are determined by representatives of the parties involved.
Primary trade union organization, uniting more than half of the organization’s employees, individual entrepreneur, has the right, by decision of its elected body, to send to the employer (his representative) a proposal to begin collective bargaining on behalf of all employees without first creating a single representative body. If none of the primary trade union organizations or collectively the primary trade union organizations that wish to create a single representative body unite more than half of the employees of a given employer, then general meeting(conference) of workers by secret ballot can determine the primary trade union organization, which, with the consent of its elected body, is instructed to send to the employer (his representative) a proposal to begin collective bargaining on behalf of all employees.
Foreign economic activity is carried out at each enterprise by performing a number of actions (foreign trade operations)
FOREIGN TRADE OPERATION – a set of actions by counterparties different countries aimed at carrying out trade exchanges and ensuring this exchange.
This complex includes:
Market research;
Determining consumer requirements for the product;
Search for counterparties;
Establishing contacts with counterparties;
Negotiating and concluding contracts;
Monitoring the execution of the contract.
Foreign trade operations can be classified according to the following criteria:
1) by areas of trade;
Export – commercial activity associated with the export of domestic products and their transfer into foreign hands.
Condition: a competitive product is needed, advertising is important.
1. Contract.
2. Crossing of state borders by goods.
3. Payment for goods.
Imported
Re-export is a commercial activity associated with the export of previously imported goods without additional processing to other countries.
Two types of re-export operations are used:
Without prior importation into the re-exporter’s country;
With preliminary import into the re-exporter’s country.
2. Receives an offer in response.
3. The re-exporter informs the importer about the offer.
4. The re-exporter and the exporter enter into a contract for the supply of goods.
5. An agreement is concluded between the re-exporter and the importer.
6. Delivery of goods to a re-exporter (or importer, if without prior importation).
7. Payment.
Re-import – characterizes a failed export operation.
2) by product groups
Operations for trade in machinery and equipment. The main difference between operations and others: this operation is not completed, but, in fact, is just beginning (installation, adjustment, maintenance, personnel training, supply of spare parts).
1. Supply of machinery and equipment.
2. An additional contract for installation and maintenance is concluded. service.
3. Personnel training (preferably from the exporter).
Commodity trading operations. Feature: both the exporter and the importer are interested in concluding a deal for large volumes, for long terms;
For trade in consumer goods: the exporter has a relationship not with the final consumer of the goods, but with wholesale buyers;
Food trade operations.
3) According to the degree of readiness of goods:
Trade in finished products (supply of isolated equipment)
1. Conclusion of a contract.
2. Implementation of pre-sale service.
3. Supply of equipment from the exporter to the importer.
Supply of parts and assemblies for subsequent assembly of machines
1. Negotiations with a (foreign) branch on the construction of an assembly plant.
2. Regulated supply of parts and components to the country (branch).
4. Sales in your (branch) country.
5. Sales to another country.
Supply of complete equipment
1. Contract (exporter-importer).
2. The subcontractor supplies complete equipment to the exporter.
3. Delivery of equipment from the exporter to the importer.
4. Installation by the exporter of equipment in the importer’s country.
10% advance payment from the importer
20% cash
70% loan for several years from exporter to importer
Main forms of trade in complete equipment:
Ø construction of turnkey enterprise facilities;
Ø construction of an enterprise on a compensation basis;
Ø construction of an enterprise on a “goods in hand” basis;
Ø construction of an enterprise on the terms of “market in hand” (providing a sales market);
Ø BOT (build, operate, transfer).
Spare parts trading operations
1. Agreement.
2. Delivery of spare parts from the warehouse to the exporter.
3. Delivery of spare parts from the exporter to the general agent (importer).
4. Supply of spare parts from the general agent to subagents.
The general agent sells goods on consignment terms.
The essence of CONSIGNMENT: spare parts are supplied at the expense of the exporter for a certain period, after which the consignor either returns all or part of the spare parts or buys the features of trading in spare parts:
It is difficult to establish profitable production of spare parts;
The need for spare parts is dictated by the machine, and not by other properties;
Spare parts as a separate product are more expensive than as spare parts.
4) Foreign trade transactions of a competitive type.
Competitions in the following types of foreign trade operations:
International commodity auctions are periodically operating markets for the trade of goods with individual properties (paintings, tea, but not coffee animals, furs, flowers). There are certain restrictions on the minimum composition of a lot (LOT - a group of similar goods), similar lots are grouped into strings.
International trading - TENDERS - a commercial purchase and sale transaction in which the buyer announces a competition for sellers.
International commodity exchanges. The difference lies in the number of buyers and sellers (at an auction there are many buyers and one seller, at auctions it’s the other way around, and at a stock exchange there are many of both). DEALER - trades in goods, BROKER - in securities (with us). The product must be (principles) interchangeable, standardized, mass demand and production.
5) Barter or countertrade transactions.
Buy-back - (counter purchases) purchase and sale transactions in which the exporter undertakes to purchase at a certain amount foreign exchange earnings of goods in the importer's country.
2. Delivery of goods to the importer.
3. Counterpurchase contract.
4. Delivery of goods according to it.
The exporter does not necessarily have to purchase the goods from the importer; the importer is obliged to provide a list of goods that the exporters of his country agree to sell to the exporter; and the exporter can use the product himself or sell it in his own country. From 10 to 100% of foreign currency earnings can be spent on counter purchases.
Barter transaction is an equivalent exchange of goods of equal value. Advantage: No currency required. To carry out barter in Ukraine, it is necessary to open a deposit in foreign currency for the amount of the contract. The disadvantage is that one of the parties may inflate the price of their product.
Compensation deal. Difference from barter: the exchange is not goods for goods, but several goods and a cash balance is possible.
1. Contract.
2. Supply of goods for a large amount.
3. Delivery of goods for a smaller amount.
4. The difference (non-convertible balance) is credited to a bank account in the country that supplied the goods for the lower amount. It cannot be transferred to the country that supplied the goods for a large amount in monetary terms, but can be spent on the purchase of goods, etc.
Operations on customer-supplied raw materials. The counterparty who has the raw materials transfers it to another counterparty for processing and pays either in foreign currency or in finished products.
1. Negotiations, contract.
2. Supply of raw materials.
3. Part or all of the finished products are returned to the seller.
4. Part of the raw materials may be transferred to a third party.
5. Payment for the fourth transaction for raw materials between the supplier and the third counterparty.
In Ukraine there is a law on operations on customer-supplied raw materials. If the contractor is located in Ukraine, then it is charged upon import of customer-supplied raw materials customs duty, collection, excise duty, VAT and for all these payments our company issues a bill of exchange, which is simply repaid upon export of the finished product, i.e. no payments are made.
Buyback of obsolete products is a purchase and sale operation in which the exporter, when selling goods, undertakes to buy back obsolete products from the importer.
1. Negotiations, contract.
2. Delivery of new goods.
3. Negotiations on the repurchase of old products.
4. Sale of obsolete products to the exporter.
Outdated products are either repaired and sold as used, or some are used for spare parts, and some are sold as scrap metal. This is how German car companies and IBM sell their products.
Supplies for assembly.
For example, Ukraine orders Finland to build a warship, but sets the condition that the weapons must be Ukrainian, then the equipment is supplied from Ukraine to Finland. Advantages: currency savings, indirect export.
1. Contract for the supply of complete equipment with the condition of equipping it with domestic components.
2. Supply of components.
3. Delivery of complete equipment (finished products) to the customer.
4. Installation of equipment for the customer.
6) Operations for trade in scientific and technical achievements and provision of services:
trade in licenses and KNOW-HOW.
LICENSOR – seller.
LICENSEE – buyer.
INVENTION is a technical innovation that has novelty, originality and technical significance.
KNOW-HOW is an unpatented invention, an industrial secret.
There are two patent systems: test(the invention is checked for a long time for the possibility of being patented, the absence of analogues is checked, it can last up to two years); turnout– a patent is issued in any case.
1. Assessment is carried out technical solution in the country of the licensee.
2. Patenting in the country of the licensee.
4. Determination of the license price.
5. Searching and establishing contacts.
6. Agreement.
7. Transfer of documentation to the licensee.
Determining the price of a license is a very difficult issue, because... there is nothing to compare with. Under the appearance system, the one who patents can pay a fine if it turns out that there are already analogues.
The license fee can be: lump sum payment– one-time; royalties- in parts. The validity period of the license depends on the object, but on average 7 years.
Rental of machinery and equipment.
According to the terms they are distinguished the following types rentals:
Short-term (renting) – several days, several months;
Medium-term (hiring);
Long-term (leasing) - most common in foreign trade, over 1.5 years.
1. The producer (equipment manufacturer) and the lessor enter into a contract for the purchase of equipment by the lessor.
2. Delivery of equipment to the lessor.
3. Payment for the sale of equipment to the manufacturer.
4. Agreement between the lessor and the lessee.
5. Delivery of new equipment by agreement to the lessee.
6. Return of equipment to the lessor.
7. Agreement between the lessor and the other lessee.
8. Delivery of used equipment to another lessee by agreement.
9. Return the equipment to the lessor.
10. Contract between the lessor and the buyer.
11. Sale of equipment.
The first lessee can buy the equipment at its residual value. The lessor can be a leasing fund, a bank or a subsidiary of the manufacturer.
Engineering.
INTERNATIONAL ENGINEERING - activities to provide a range of services of a production, commercial scientific and technical nature, provided both by specialized engineering and consulting firms, and by industrial, construction and other companies.
Engineering structure:
Editorial services (market research, etc.);
Design services;
Project preparation master plan, related schemes and recommendations;
Post-project services:
· conclusion of contracts;
· organization of tenders;
· control over the implementation of the project;
· Carrying out acceptance tests.
1. Contract.
2. Pre-design work.
3. Design.
4. Monitoring the progress of construction.
5. Training of specialists and commissioning of the facility.
Contract operations - one party (customer) gives instructions to the other party (contractor) to perform a set of works and, after accepting the work performed, pays the contractor.
7) Trade and intermediary operations - purchase and sale operations that are carried out on behalf of exporters and importers by individuals and legal entities(by intermediaries).
Trade and intermediary operations for the distribution of goods. In this case, intermediaries are called DISTRIBUTORS. He accepts purchase orders from small wholesale buyers, enters into contracts for the purchase of large quantities of goods and distributes them among customers.
Intermediaries for establishing business relations and concluding contracts. Depending on whose account they act, whether they participate in negotiations and whether they have the right to sign contracts:
§ Act on behalf and at the expense of clients, but do not participate in negotiations and do not have the right to sign contracts (REPRESENTATIVE AGENTS); represent the interests of clients, establish contacts; in addition to representative agents, these intermediaries include brokers and brokers;
§ Intermediaries who act on behalf and at the expense of the client, participate in negotiations and sign contracts - ATTORNEY AGENTS or TRADE AGENTS. They act on the basis of agreements-assignments (the one who trusts is the principal). In other countries - an agency agreement.
§ intermediaries who act on their own behalf at the expense of the client - COMMISSIONERS and CONSIGNITORS. The commission agreement involves the COMPLIANT (the one who instructs) and the commission agent (receives the commission). CONSIGNATION is a type of commission transaction. The CONSIGNANT instructs the consignor to sell the goods from his warehouse within a certain period (consignment period). At the end of the consignment period, depending on the type of contract, the consignor either returns the goods (returnable consignment), or buys them (non-returnable consignment), or returns some and buys some (partial returnable consignment).
§ Intermediaries for the resale of goods. Depending on the nature of their activities and the country: merchants, stockholders, dealers, concessionaires, operators, principals. They act on their own behalf and at their own expense. Types of remuneration for intermediaries: percentage of the transaction amount, the difference between the export price and the price on the domestic market, mixed, cost-payments.
Intermediary effectiveness:
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Intermediary operations for the physical movement of goods from the places of their production to the places of their consumption.
8) Operations of the supporting type (auxiliary):
Insurance is a mandatory action for foreign economic activity;
Transport;
Warehouse;
Transport and forwarding;
Customs.
Topic 3.
3.3. Organization and technique trade deal with direct connections between counterparties .
Stages of concluding a foreign trade transaction:
§ Comprehensive research of foreign markets.
1) the existing real and potential demand for specific types of goods is determined;
2) the competitiveness of the product is assessed;
3) promising technical requirements for goods are identified;
4) commercial conditions for the sale of goods are studied; price level, procedure for issuing loans; prospects for changes in exchange rates;
5) trade and political conditions for working in the market are determined;
6) the behavior of buyers is studied: popular methods of purchasing, selling goods, motives that encourage buyers to buy products;
§ The choice of forms and methods of work in the market.
§ Search for a counterparty. The company acts as a counterparty.
Firms can be classified
1) by appearance economic activity and the nature of the transactions performed
Trading;
Insurance;
Transport;
Industrial, etc.
2) according to organizational and legal characteristics:
associations of persons
General partnerships
Limited partnerships
capital consolidation
3) by the nature of the property:
Private
State
Cooperative
4) according to capital ownership:
National
Foreign
Mixed
The sources used to search for companies are divided into:
Published - company reports, company catalogs, directories, industry directories, periodicals, offers.
Unpublished – information about previously concluded transactions.
The study of companies is carried out according to the following general information:
Company name, address, country of registration, telephone number, fax number, etc.
Amount of capital, assets, turnover, number of occupied places;
Type of economic activity, nature of ownership, development features, product range, specific gravity in national and global trade;
The meaning and nature of foreign trade activities, production base;
The most important counterparties and competing companies;
Structure of the management apparatus.
§ Selecting a counterparty and establishing contact with him.
An exporter can use several ways to establish contacts with a counterparty:
A) send an offer directly to one or more buyers.
OFFER - a written proposal from the seller sent to a potential buyer.
Offer details:
Name of product;
quantity of goods;
basic condition of supply;
delivery time;
credit terms;
validity period of the offer (with a firm offer);
name of the exporter and his address;
signatures and date of sending.
Types of offer:
· proactive (at the initiative of the exporter)
· passive – at the request of the importer, the exporter sends an offer
· firm – an offer for the sale of a certain product sent by the seller to one possible buyer, indicating the validity period of the offer
· free - sent to several possible buyers and has no expiration date
B) accept and confirm the buyer’s order
C) send an offer to the buyer in response to his request
D) take part in tenders organized by the buyer-counterparty
D) take part in fairs and exhibitions
E) send a commercial letter to a possible buyer
G) send the proforma contract to an already known buyer
The importer uses the following methods of establishing contacts with the selected counterparty:
A) send the order to an already known counterparty
B) send a request to receive an offer from a counterparty
B) announce a tender
D) send a commercial letter
D) send the exporter an acceptance of his offer
Conducting business commercial negotiations.
Business meeting can be carried out by telephone, by correspondence and through personal meetings.
Business negotiations through personal meetings are the most common.
They consist of the following stages:
Preparing for negotiations
Negotiation techniques.
Preparation for negotiations
– determining the goals of negotiations (searching for a counterparty, the desire to sell a product and the desire to buy a product, creating an enterprise with foreign investment, coordination of commercial terms of transactions, resolution of controversial issues, exchange of information, etc.)
– a negotiation plan is drawn up (the subject of the negotiations, the participants in the negotiations, the strategy and tactics of the negotiations, the organizers and those responsible for the preparation and conduct of the negotiations, clarification of the necessary promotional materials, a cultural program is outlined, a cost estimate is drawn up)
Negotiation technique:
Introduction
Information exchange
Argumentation (direct discussion of the contract)
Argumentation methods: fundamental, division into parts, shifting emphasis, boomerang, ignoring.
Most effective fundamental method, because involves citing factual data as arguments; the more weighty the data, the more difficult it is for a partner to refute it.
Dividing method used by the parties for a more detailed analysis of individual issues. It is especially necessary when it is difficult for one of the parties to fulfill the partner’s wishes and a detailed consideration of alternative implementation is required.
Method of shifting accents is used to implement its tactics and shift the center of gravity of negotiations from the most important issues to secondary ones.
Boomerang method used when the partner is talkative, likes to occupy the platform and has a monopoly over it. The other side listens, finds contradictions, and uses them in counterarguments.
Ignore method used when it is necessary to pass by and not notice the unpleasant proposals of a partner.
Counterargumentation
Final part
