Concept, principles, system, levels, forms of social partnership in the world of work. Forms of social partnership are ...

Social partnership, the concept, principles, forms of its implementation are considered relatively new categories for Russia. However, in spite of this, constructive measures have already been taken aimed at creating appropriate institutions. Let us further consider what the principles, forms, and the system of social partnership represent.

general characteristics

Social partnership, the concept, the system, the forms of which have received normative consolidation, is the most effective way of resolving the emerging conflicts of interests arising from the objective relations of employers and employees. It implies a path of constructive interaction on the basis of contracts and agreements between enterprise managers and trade unions. The concept, levels, forms of social partnership form the basis for the work of the ILO. This organization on terms of equality unites representatives of employers, employees and the state in most countries of the world. The consolidation, solidarity and unity of action of all trade unions, their bodies and members, the expansion of the scope for the dissemination of collective agreements, the strengthening of the responsibility of all parties to the interaction for the implementation of their obligations, and the improvement of regulatory support are key to improving the effectiveness of this structure.

The concept and forms of social partnership

Several definitions of the institution under consideration are given in the literature. However, one of the most complete and accurate is the following interpretation. Social partnership is a civilized form of social relations in the world of work through which the coordination and protection of the interests of employers (employers), workers, state bodies, local government structures is ensured. This is achieved by concluding agreements, contracts, expressing the desire to reach a compromise in key areas of economic and political development in the country. Forms of social partnership are the means through which the interaction of civil society and the state. They form a structure of relations between institutions and subjects on the status, content, types and conditions of activity of different professional groups, strata and communities.

Objects

Highlighting the forms and principles of social partnership, experts study the real socio-economic situation of different professional strata, communities and groups, the quality of their life, possible and guaranteed ways of extracting income. Equally important is the distribution of national wealth in accordance with the productivity of the activity - and carried out at the current time, and carried out earlier. All these categories are objects of social partnership. It is connected with the formation and reproduction of a socially permissible and motivated system of inequalities. Its existence is conditioned by the division of labor, differences in the role and place of individual groups in general production.

Subjects

The basic principles and forms of social partnership exist in close connection with the participants in the relationship. Subjects on the part of employees should include:

1. Trade unions, which gradually lose their influence and did not occupy a new place in the economic sphere.
2. Public associations. They arise from the independent movement of workers and are not connected with the previously formed trade unions, neither tradition nor origin.
3. Parastatal formations. They serve as public departments of the administration at various levels.
4. Multifunctional movements, including hired workers, market-democratic orientation.

On the part of employers in the social partnership participate:

1. Governing bodies of state enterprises. In the process of privatization, commercialization, corporatization, they are gaining greater independence and independence.
2. Managers and owners of private companies. They have been operating autonomously from state structures since the very beginning of education.
3. Social and political movements of entrepreneurs, managers, industrialists.

On the part of the state, subjects of social partnership are:

1. General political and social authorities. They are not directly involved in production and do not have a direct link with employees or employers. Accordingly, they do not have a significant impact on the relations in the sphere of production.
2. Economic departments and ministries. They do not bear direct responsibility for the production process, but they have information about the actual situation at the enterprises.
3. State bodies that regulate the labor market at the macro level.

Problems of Education of the Institute

The concept, levels, forms of social partnership, as mentioned above, are fixed by legal acts. It should be noted that the formation of the whole institute is a rather complex and lengthy process. Many countries for several decades moved to the formation of a system of social partnership as one of the key components of labor law. As for Russia, the process of formation of the Institute was complicated by two circumstances. First of all, the country had no experience in using the system in the socialist period. Accordingly, there was no normative fixation in the TC, because the communist ideology denied the need to apply it in governance. Of no small importance were the high rates of destruction of the previously existing paradigm, the intensity of liberalization of social and production relations. These factors have led to a decrease in the role of the state in the world of work and, accordingly, the weakening of the protection of citizens. Currently, it is difficult to find an entity that doubts the importance of social partnership as the most effective method for achieving public peace, maintaining a balance of interests of employers and employees, ensuring the stable development of the country as a whole.

The role of the state

In the world practice of developing forms of social partnership a special place is given to the authorities. First and foremost, it is the state that has the authority to adopt laws and other normative acts that fix rules and procedures that establish the legal status of entities. At the same time, the authorities should act as an intermediary and guarantor in resolving various conflicts between the parties to the relationship. State agencies, in addition, take on the function of spreading the most effective forms of social partnership. Meanwhile, the importance of the state and local authorities should not be limited solely to the conviction of employers to take on real obligations related to the property of property that are in line with socio-economic goals and goals of state policy and do not infringe upon the interests of the country. Power in this case can not deviate from the implementation of control functions. Supervision of the implementation of civilized social partnership on a democratic basis should be carried out by authorized state bodies.

Key provisions of the system

The state takes upon itself the obligation to develop legislative norms. In particular, the TC fixes the key principles of social partnership, determines the general direction and nature of the legal regulation of relations that are formed in the economic and production sphere. The institution under consideration is based on:

1. Equality of the parties.
2. Accounting and respect for the interests of participants.
3. Assistance to the state in strengthening and improving the system on a democratic basis.
4. Interest in the formation of contractual relations.
5. Compliance with the law in the conduct of activities.
6. Authority of the representatives of the participants in the relationship.
7. Freedom of choice in the discussion of problems related to the labor sphere.
8. Voluntary commitment.
9. The reality of the terms of contracts and agreements.
10. Obligations of the implementation of established rules.
11. Control compliance with treaties, agreements.
12. Responsibility of the participants and their representatives for failure to comply with the established conditions for their fault.

Basic forms of social partnership

The mention of them is present in Art. 27 TC. In accordance with the norm, the forms of social partnership are:

1. Collective negotiations on the drafting of collective agreements / agreements and their conclusions.
2. Participation of representatives of employers and employees in pre-trial settlement of disputes.
3. Mutual consultations on the problems of regulating production and other relations directly related to them, guaranteeing the rights of employees and improving the sectoral legislation.
4. Participation of employees and their representatives in the management of the enterprise.

It is worth saying that before the adoption of the TC, the Concept of the formation and development of the institution under consideration was in effect. It was approved by a special tripartite commission for the regulation of production and economic relations (RTK). In accordance with it, the participation of employees (representatives of personnel) in the management of the enterprise acted as a key form of social partnership in the world of work.

Pre-trial resolution of conflicts

Participation in it for employees and staff representatives has a number of features. Pre-trial authorization refers exclusively to individual disputes, since collective conflicts are not dealt with in courts. When implementing this form of social partnership in the world of work, the rules of Art. 382-388 TC. These norms define the procedure for creating a representation of the participants in the relationship. Rules for the regulation of collective conflicts, except for the stage of strike, are based on the principles of social partnership. Experts, analyzing Art. 27, come to the conclusion that the norm contains inaccuracy of the interpretation. In particular, experts propose to change the definition of the form of social partnership providing for the settlement of conflicts to the next one - the participation of representatives of employers and staff in extrajudicial and pre-trial proceedings. In this case, the latter will indicate the possibility of resolving individual, and the first - of collective disputes.

Specificity of categories

Regulatory forms of social partnership for the first time are enshrined in the Law of the Leningrad Region. In it, these categories are defined as specific types of interaction between entities to create and implement a coherent socio-economic and industrial-economic policy. In the explanations to the TC, the forms of social partnership are treated as ways of implementing the relationships of participants to regulate workers and other ties relating to them. There are also relevant definitions in regional laws.

Additional categories

When carrying out an analysis of existing standards, experts point to the possibility of supplementing art. 27. In particular, according to experts, the forms of social partnership include:

1. Providing a socially-oriented policy of economic transformation aimed at stabilizing and increasing the domestic production sector.
2. Development, adoption and implementation of joint decisions.
3. Development of effective ways of regulating social and labor relations.
4. Joint activities of participants in commissions and other authorized structures.
5. Cooperation in drafting and submitting to the legislative assembly of the region drafts of normative acts on social, economic and labor issues.
6. Determining the procedure for the extension of the provisions of contracts and agreements to employers who did not participate in their conclusion, who do not have collective documents, the establishment of rules for their accession to these acts.
7. Assistance in the implementation of approved programs.

According to other experts, the above options have a number of shortcomings. First of all there is a declarative nature of certain provisions, a link to the structures that are authorized to implement them. At the same time, the forms of social partnership established in the legislation of the region contribute to a significant expansion of the capabilities of the participants in the relationship, in comparison with Art. 27 TC. The norm, which is given in the norm as an exhaustive list, can thus be supplemented and concretized both by the Code itself and other normative acts. An appropriate clause is present in this article. In particular, it says that the forms of social partnership can be established by the legislation of the region, the collective agreement / contract, the local act of the enterprise.

Art. 26 TC

Forms and levels of social partnership are the key links forming the institution under consideration. The TC does not provide clear definitions, but lists, classifications and attributes of elements are given. So, in the art. 26 of the Code specify the federal, sectoral, regional, territorial and local level. Analyzing the cited categories, many experts point to a violation of the logic of constructing the list. Experts explain their conclusion by the fact that there are categories divided by independent classification criteria.

Territorial criterion

Social partnership exists at the federal, municipal, regional and organizational levels. This list seems incomplete. In Art. 26 TC does not mention one more - the federal-district level. In May 2000, the President signed the Decree on the formation of districts. In accordance with this act, representatives of the Head of State were appointed and representative offices were opened. Currently, 2 or 3-party agreements have been signed in all federal districts. They are necessary for creating a single social and economic space for the district, ensuring the realization of the needs of the population, the rights of able-bodied citizens, the development of social partnership, and so on.

Industry characteristic

Forms and levels of social partnership existing at the regional level are provided by the regulatory framework corresponding to the features of the terrain, historical and cultural traditions, etc. In the laws of the subjects of the Russian Federation, except as provided in Art. 26 TC, a special (target) stage is established. At this level, professional relations are concluded.

Conclusion

Some experts suggest adding in art. 26 TC international and corporate level. However, the inclusion of the latter seems somewhat premature to date. If we talk about the corporate level, its addition to the existing list is currently not appropriate. This is due directly to the nature of this stage. At this level, organizational, sectoral, territorial and international signs of social partnership are combined. At the same time, the latter is implemented mainly in accordance with the provisions of treaties concluded by the Russian Federation with other countries, taking into account the conflict rules of labor law. To clarify the situation, experts propose to change the interpretation of Art. 26. In their opinion, the article should indicate that the territorial level is part of the Russian Federation, defined in accordance with regulatory enactments (the Constitution, MO statutes and enterprises, government regulations, etc.). The functioning of the Institute is carried out in the whole country, in districts, regions, municipalities and directly at enterprises.