Who is the representative of workers in the modern system of social partnership

Social partnership as a category of market society

The importance of social partnership in the world of work

The market society in which we live is built on the principles of free choice in the production process, based on personal interests, which in modern life are the main motivator and engine in the economy.

Commerce, business, various forms and types of ownership of a set of means and objects of labor, market price formation, relations between economic entities based on contracts and minor government intervention in economic activity are characteristic features of the current social structure.

In organizations, enterprises, companies, social and labor relations are regulated by a legal document called a collective agreement, which is developed and concluded by representatives of employers and employees.

Cooperation, contacts between business and society are the answer to the question of what social partnership is. This refers to the fact that for the business community, in addition to making a profit, there is a human indicator that takes into account the degree of influence of economic activity on workers, the city-forming significance of enterprises and the social significance of the association in general.

Important! Social partnership is able to cope with many conflicts and disagreements that sometimes arise in the public or labor sphere. But the basic contradiction that exists between private property or capital and the labor sphere remains unresolved.

The procedure for the activities of the social partnership has been established:

each participating group has equal rights to initiate negotiation processes;
at the moment of communication, the benefits of both parties are taken into account, respect is shown to all participants;
regarding the establishment of legislation, the countries participating in the negotiations, taking into account an interested approach to contractual relations, can solve a number of significant problems;
to promote and strengthen partnerships as democratic foundations, organizing cells have been created that contribute to the regulation of public and labor relations;
participants must comply with the Labor Code of the Russian Federation and other documents, when signing a public agreement, they must fulfill its terms;
representatives of the partnership are competent in matters confirmed by the minutes of the employees’ meeting and an order from the employer;
The legislation of the Russian Federation gives both parties the opportunity to choose problematic topics for resolution;
obligations are accepted by the partnership participants voluntarily without pressure or blackmail;
the duties undertaken must be realistically feasible and must be carried out without fail;
supervisory authorities monitor the implementation of approved collective documents;
the parties and their representatives bear administrative responsibility for failure to comply with collective agreements and agreements through their fault.

Basic forms

The following main forms of social partnership can be distinguished:

Collective bargaining. This involves the development of draft collective agreements, as well as the search for common ground on key controversial points of the agreement.
Mutual consultations. They imply negotiations to resolve controversial issues related to labor relations, ensuring the rights and guarantees of workers, and the imperfection of the legislative framework.
Direct participation of employees or their representatives in the management of the organization (presence at meetings of managers, making comments and suggestions).
Participation of workers (or their representatives) and employers (or their representatives) in the pre-trial resolution of disputes related to the labor process.

About trade unions

Trade unions to protect workers' rights

Work collectives with any form of ownership rights to certain property or values, in order to exercise in practice their legal rights to work, elect their representatives who express the opinion of the team. Their actions are determined by the Labor Code of the Russian Federation, Article 29 and other Federal laws.

The partnerships being created are needed to resolve controversial and problematic issues. The work mission here is represented by trade union members and selected members of the working team, people who are well aware of the problems from within economic, industrial, and social life.

Trade unions are an independent social structure that unites people on a voluntary basis. The members of this association are connected by a common interest in the field of labor production activities, in the service sector and in other areas of human life.

An independent public organization develops and approves rules, charters, creates trade union steering committees, assigns the powers of these bodies, and conducts events.

If violations are detected, trade union members have the right to point out shortcomings and insist on the elimination of abuses by sending a complaint to the employer, who is obliged to report within a short time (no more than a week) the results of the consideration of the complaint and measures to correct the problems.

The law allows trade unions to create their own labor inspectorates and provide them with certain functions. Inspectors can check organizations and enterprises for compliance with legal documents. Cooperation and exchange of views are carried out with the executive branch of government that controls the implementation of the labor code.

Participation of employees in the management of the organization

Social partners (representatives of workers, employers and the state) act as equal parties in the process of regulating labor issues. A striking illustration of this phenomenon is the participation of employees in the management of the organization. It is carried out in the following basic forms:

taking into account the opinions of employees on fundamental issues outlined in the Labor Code and the collective agreement;
holding consultations with the employer on the adoption of internal acts directly related to compliance with labor law standards;
obtaining information on fundamental issues that directly concern the interests of employees;
collegial discussion with the employer on issues of improving the organization’s work;
participation in the development of a collective agreement template.

What powers do representatives have?

Throughout his life, a person is in interconnections, in joint action in relation to the national profit produced. Social partnership according to Art. 26 of the Labor Code of the Russian Federation operates at different echelons:

at the national (federal) level, where the fundamental points for establishing positions in expedient activities in the Russian Federation are approved;
at the echelon of macroregions, districts;
in part of the territory of Russia (regional level), the goal of the partnership is to establish labor foundations in one specific territorial unit of Russia;
city government regulates current tasks within the city;
at the industry tier, issues in a particular industry are resolved;
The territorial level regulates labor relations in the municipality;
civil legal relations are approved at the local level.

Important! The community of labor and business is called upon to protect a balanced set of needs of the individual and the state, where the concerns of commerce and workers converge, to create conditions for the peaceful, stable coexistence of all segments of the population in the country.

In addition, it implies improving democracy, maintaining social stability, economic security and justice.

The employee representative office is given the authority to be involved in the management affairs of the enterprise, to take part in both negotiations and the conclusion of collective general agreements and agreements, and to be responsible for the fulfillment of obligations.

Collective bargaining

One form of social partnership is collective bargaining. This is a procedure during which representatives of employees and employers resolve issues regarding the preparation and conclusion of a collective agreement, as well as amendments to this document.

The start of negotiations is initiated by one of the parties, which notifies the other party of its intention in writing. Next, the parties collectively determine the place and time of negotiations, as well as the agenda. If the employer's representative refuses to participate in negotiations or systematically evades this responsibility, the employee representative has the right to initiate a labor dispute.

In the process of collective bargaining, the parties act as equal partners who are free to choose the issues discussed and make proposals for solving problems. If irreconcilable differences arise, a corresponding protocol is drawn up, on which the conciliation commission begins to work.

Advantages

Social partnership in an organization is beneficial not only for workers, but also for those managers who are interested in the development of the company. The main benefit of partnership is the creation of an atmosphere in which the employee feels responsible for the well-being of the enterprise. The company ceases to be perceived as something alien and hostile, since the worker takes a direct part in its development. All this has a beneficial effect on employee loyalty, indicators of their ability to work, and initiative. It is beneficial for JV employees because it helps them defend their legitimate interests through legal means. Despite all the benefits, the social partnership system in Russia is poorly developed.

State of the issue in Russia

In Russia, social partnership is tripartist (implies three participants - employee, employer and state). We can say that at the moment it is at the stage of development and is not yet fully operational. In particular, the mechanisms through which the decisions taken could be implemented have not been developed or launched. However, some industries are seeing significant progress. For example, tariff agreements in the mining industry led to an increase in production and an improvement in the financial situation of workers.

According to researchers, for the active development of social partnership it is necessary to develop and implement a system of state propaganda. It can be implemented through social advertising, Internet sites, explanatory work, seminars, conferences and round tables. It is important to achieve a common interest of the parties in cooperation.

Collective agreement

The main local document regulating the relations of the parties to a social partnership is a collective agreement. In Art. 41 of the Labor Code of the Russian Federation provides a basic (but not exhaustive) list of issues that are covered in this document:

sizes and forms of remuneration for hired workers;
features of payment of compensation and benefits;
a mechanism for adjusting wages in accordance with the level of inflation and the implementation of planned indicators;
hiring, dismissal and retraining of workers;
ratio of work and rest time;
issues of granting vacations and determining their duration;
improving working conditions (in particular for women and youth);
respecting the interests of employees during the privatization of property;
ensuring occupational safety and health protection of workers;
issues of organizing and paying for meals;
health improvement of employees and members of their families;
procedure for monitoring the implementation of the collective agreement.

Responsibility of the parties

Violation of the terms of the joint venture implies the following administrative liability:

A fine of 1000-3000 rubles. for avoiding negotiations regarding the conclusion or addition of a collective agreement (according to 5.28 of the Administrative Code).
1000-3000 rub. for the fact that the employer or his representatives hide or do not provide on time information necessary for negotiations and drawing up an agreement (according to 5.29 of the Administrative Code).
3000-5000 rub. for refusal without good reason to conclude a collective agreement (5.30 Code of Administrative Offenses).
3000-5000 rub. for failure to comply with the clauses of the agreement (5.31 Code of Administrative Offences).
1000-3000 rub. from evading conciliatory measures in the event of a conflict (5.32 Code of Administrative Offenses).
2000-4000 rub. for violation of agreements concluded during the reconciliation of the parties (5.33 Code of Administrative Offenses).

IMPORTANT! If the employer violates the provisions of the collective agreement and ignores the need for reconciliation, workers have the right to organize a strike.