Subjects social partnership, as world experience shows, are employees, employers and the state. Kholostova E.I. Social Policy//Moscow 2008 p. 136 Accordingly, the institutions (organizations) representing their interests are trade unions, associations of employers, the government, as well as bodies state power subjects Russian Federation, local governments. Kholostova E.I. Social policy // Moscow 2008 p. 137
The subjects of labor relations may include:
- 1. From the employees:
- · trade unions that are gradually losing their influence and have not found a new place in the system of labor relations;
- · public organizations, arising from an independent labor movement and not related to previous trade union structures by origin and traditions;
- · parastatal entities that actually play the role of social departments of administration at various levels;
- · multifunctional social movements of hired workers with a market-democratic orientation (STK, workers' councils, etc.), which emerged as a result of the use of SKT.
- 2. On the part of employers:
- · directors and managers of state-owned enterprises, who in the process of commercialization, privatization, and corporatization are gaining greater autonomy and independence;
- · owners and managers of private enterprises, initially operating independently of government agencies;
- · socio-political organizations of economic managers, industrialists and entrepreneurs.
- 3. From the state:
- · general social and general political bodies government controlled, not directly involved in production and not directly related to either workers or employers, and are unlikely to influence labor Relations; economic ministries and departments that are no longer directly responsible for production, but, nevertheless, have data on the real state of affairs at enterprises;
- · government bodies regulating the labor market at the macro level.
Trade unions represent and protect the interests of workers in the field of employment, conditions and remuneration, in solving various social problems, contributing to this reproduction work force. This is, as it were, the main function of the trade union’s activities, the degree of its implementation is an assessment of the effectiveness of its activities. Trade unions are essentially the only mass organization that represents and consolidates the socio-economic, social and labor relations of employees in the labor market, protecting the interests of a person as a bearer of a certain labor force.
In the labor market, the relationship between workers' unions and business associations (employers) is of paramount importance. These relationships are eliminated not only by laws, but also by the unwritten rules of the game, special methods for resolving controversial issues, and finally, the “psychology of social partnership.”
Partnerships between trade unions and entrepreneurs (owners) are not easy to develop. At best, entrepreneurs tolerate “obedient” trade unions, but resolutely oppose “independent” ones. It should be noted that completely independent trade unions are quite difficult to find. Currently, more than 200 trade union associations are registered, which claim to protect the rights and interests of workers. Among them, two main groups of trade unions with conventional names can be distinguished:
traditional trade unions;
new (alternative, parallel) trade unions.
Traditional trade unions are trade unions that were basically formed under the conditions of a command-administrative system. They united into the Federation of Independent Trade Unions of Russia (FNPR) and unite 122 member organizations with a total number of about 50 million people and cover 88.5% of total number working in enterprises and institutions of all forms of ownership.
In terms of their numerical and social composition, forms of organization and methods of activity, they are far from equal. One of the main, although not the only, criterion for the influence of a particular trade union is the size of its ranks. It should be noted that alternative trade unions comprise a minority of those employed in social production. Belyaev A.N. Social partnership // Man and Labor 2009. No. 8 Page 57.
Currently there are the following trade unions and their associations:
All-Russian association (associations) of trade unions (FNPR);
interregional trade union (union of new trade unions);
interregional union (association) of organizations (in Siberia, the Urals, the North-Western and other regions);
territorial organizations (voluntary associations of members of primary trade union organizations of one trade union operating in the territory of one subject);
territorial associations (associations) are voluntary associations of trade union organizations.
Each of the named trade unions, their associations (associations) at its own level takes part in collective negotiations, conclusion, amendment and additions to collective contracts, agreements, and in monitoring their implementation.
Entrepreneurs (employers). The formation of social partnership is inextricably linked with the formation of the entrepreneurial movement. Main interest The goal of an entrepreneur is, first of all, to ensure that the capital invested by him brings profit as quickly as possible. And this is only possible if the team is in a stable and stable state. Therefore, an entrepreneur is interested in social partnership as an instrument of social peace; he does not need conflicts that could negate all his efforts to make a profit. Okunev D.I. Russian model of social partnership// Labor law 2006 No. 9 pp. 28-29
However, despite the common position of business structures with trade unions, they have differences in goals and positions on solving the problems they face. The main goal of an entrepreneur is to obtain maximum profit; for an employee, the main goal is to achieve high wages. The entrepreneur (employer), under any form of ownership, has a desire to appropriate the unpaid labor of the employee, while the main task of the trade union is to ensure that the level of wages ensures the reproduction of the labor force. The main task of social partnership is to find and develop common interests (points of contact) in a joint labor activity, come to an agreement, given that they cannot do without each other.
State. There are basically two models of state that have emerged in the world.
The first is the liberal model. It is based on the minimization of state property and the absolutization of private property. This model most closely matches government system USA.
The second is socially oriented. It is based on free coexistence various forms property, a strong social function of the state (in the field of healthcare, education, pensions, etc.). This model in to a greater extent typical for European countries.
The social state has direct relation to social partnership, since it is social partnership that provides for socially oriented policies pursued by the state.
The social responsibility of the state is manifested in the fact that it fulfills a number of important social functions:
corrects spontaneous processes of wealth polarization and prevents social differentiation in society from exceeding acceptable limits. IN social policy this means redistributing (on the basis of law) part of the wealth to support the poor;
determines the living wage, which is implemented through established laws on minimum sizes wages, pensions, unemployment benefits;
provides citizens with a certain set free services in the field of education, health, environmental safety, accessibility to cultural goods;
will create minimal the necessary conditions for social insurance.
Acting as a subject of social partnership, the state, if necessary, also performs its administrative and information functions: develops entrepreneurial activity, satisfies the general interests and needs of citizens, etc.
The place of the state in social partnership is determined not only by its general economic functions and regulatory role. It appears in three forms:
owner,
legislator
arbitrator (mediator).
It continues to be a major owner and employer. In this capacity, the state, through executive authorities, acts as an equal party to negotiations, concluding agreements with other subjects of social partnership, regulation social and labor relations, or rather managing them.
Structure
From a historical point of view, the first structure of partnership subjects was represented by two parties: employee (s) - employer (owner of the means of production). This bilateral partnership was later called “bipartisanship.” Then the structure of partner entities undergoes significant changes, as the state begins to participate in the negotiation process. The trilateral partnership that emerged began to be called “tripartism.” Social partnership. - M.: Publishing house "Economy", Kolov V. I 2010 - 236 pp.
The tripartite agreement model was enshrined in International Labor Organization (ILO) Convention No. 144. Under this Convention, the state also becomes a social partner and signs a national partnership agreement along with unions of workers and employers.
Finally, the subject structure of social partnership has become even more complex - multi-level cooperation has been introduced. It meant that the principle of tripartism must be observed not only at the national level, but also at the sectoral, as well as at the enterprise level. This leads to the fact that, say, when concluding an agreement at an enterprise, partners must take into account the content of the industry agreement, and when adopting an industry agreement, they should take into account the positions enshrined in the national agreement on social partnership.
The second structural part of the partnership is the objects of partnership relations. In addition to the subject structure, social partnership as a whole, i.e. as a special system, it also includes a certain structure of objects in relation to which social partnership is achieved. It was noted above that at first the object was only wage rates. Then the objects became working conditions, employment, unemployment, social protection, etc.
Another, third element of the social partnership system in modern stage strategy and tactics for achieving it should be considered. This means the need to develop its main long-term orientation, i.e. strategy corresponding to the overall socio-economic goal, as well as tactics for achieving it.
Fourth structural element systemic partnerships are represented by their mechanism. This component is so important and specific that it requires special consideration.
Finally, the fifth element modern system social partnership should recognize the culture and ethical behavior of partners. This means mutual respect between partners, their honesty, trust, and high responsibility, without which the implementation of true partnerships in society is impossible. And without them it’s difficult modern world, where there are a lot of not only internal, but also external problems and threats, it is difficult for the country to ensure its stability and independence.
All of the above elements of social partnership separately cannot ensure the fulfillment of its tasks. Only together, in systemic unity, they are able to achieve main goal social partnership - social harmony and peace in society.
Mechanisms
By the mechanism of social partnership as an element of its system as a whole, we understand a set of methods and tools that ensure the achievement of partnership between the parties.
Like any mechanism, it has a number of component levers, the interaction of which leads to the achievement of the target function.
The most important elements of the social partnership mechanism are:
a permanent negotiation process between representatives of social partnership institutions, i.e. trade unions, associations of employers, entrepreneurs and government agencies;
permanently working bodies (tripartite commissions) to regulate social and labor relations;
establishment and compliance with procedures for coordinating the interests and positions of the parties;
codification of partnership relations in the laws of the Russian Federation, constituent entities of the Federation, in regulatory documents of government bodies;
systems for monitoring the implementation of accepted contracts and agreements;
the work of partnership experts analyzing the state and prospects for the development of the social partnership system;
bringing the ideas of social partnership to broad layers of workers.
The social partnership mechanism also determines the methods of interaction between social partners. All of them are very closely interconnected and are complementary to components each other.
Responsibility for avoiding participation in collective bargaining, and providing information necessary for collective bargaining, and monitoring compliance with contracts and agreements, is provided for by the Code of the Russian Federation on Administrative Offenses. Bezzubtsev A.Yu. Social policy//Moscow p. 101
In order to most fully present the picture of social partnership in the field of social and labor relations, it is necessary to consider each method of interaction between social partners separately.
Conducting consultations
Social dialogue is a process of defining and bringing together positions, achieving common agreements and making agreed decisions by the parties to the social dialogue, which represent the interests of workers, employers and executive authorities and local governments, on the formation and implementation of state socio-economic policy and regulation of social and labor relationships.
Social dialogue is carried out on the principles:
legality;
representativeness and authority of the parties and their representatives;
independence and equality of the parties;
constructiveness and interaction;
voluntariness and acceptance of real obligations;
mutual respect and search for compromise solutions;
mandatory consideration of proposals from the parties;
priority of conciliation procedures;
openness and transparency;
the obligation to comply with the agreements reached;
responsibility for fulfilling accepted obligations.
Consultations are held at the proposal of a party to the social dialogue in order to determine and bring together the positions of the parties when making decisions that fall within their competence.
The initiator sends a written proposal to the other parties indicating the subject of the consultation and the term for its implementation.
The parties who received such a proposal are obliged to take part in the consultation, jointly agree on the procedure and timing of its conduct and determine the composition of the participants.
For example, if the union does not agree with the local normative act or proposes to change it, then the employer, in case of disagreement with the proposals of the trade union, is obliged to carry out additional consultations with the elected trade union body within 3 days.
If agreement is not reached during consultations, disagreements are documented in a protocol.
Participation in collective bargaining
An important part of social dialogue, as a method of interaction between social actors, is collective negotiations.
ILO standards view collective bargaining as the act or process leading to the conclusion of a collective agreement. Recommendation No. 91 defines collective agreements as “any written agreement concerning conditions of work and employment concluded, on the one hand, between an employer, a group of employers or one or more employers' organizations and, on the other hand, one or more representative organizations of workers or - where in the absence of such organizations - representatives of the workers themselves, duly elected and authorized in accordance with the laws of the country" (Recommendation No. 91, Paragraph 2), with the understanding that "a collective agreement must bind the parties that signed it, as well as the persons on whose behalf it is concluded", and that “provisions of employment contracts that conflict with the collective agreement shall be considered void and automatically replaced by the corresponding provisions of the collective agreement.” However, “provisions in employment contracts which are more favorable to workers than provisions in a collective agreement shall not be considered to be contrary to the collective agreement” (Recommendation No. 91, Paragraph 3 (1), (2) and (3)). [Zhernigon B., Odero A., Guido G. Collective negotiations. ILO standards and principles of activity of control bodies. Department for Freedom of Association and published in conjunction with the Target Program for the Promotion of the Declaration. International Labor Office, Geneva]
Collective bargaining is carried out for the purpose of drawing up collective agreements and agreements.
Based on the results of collective negotiations, the following are drawn up: at the federal level - federal agreements; at the regional level - regional agreements; at the local level - collective agreements.
Collective agreements and agreements, once signed, are binding on all parties to the social partnership.
Thus, the proposed mechanism of interaction between government bodies, business structures and society makes it possible to more comprehensively and effectively reorient the subjects of interaction from solving current problems to implementing a social partnership strategy.
Subjects of social partnership relations - participants
of these relations, endowed with rights and responsibilities, they are representatives of the state, employers, hired
workers.
The parties to the social partnership are employees and employers represented by duly authorized representatives.
State authorities and local governments are parties to social partnership in cases where they act as employers or their representatives authorized to represent
legislation or employers, as well as in other cases provided for by federal laws.
Representatives of workers in social partnership are: trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions, or other representatives elected by workers in cases
provided for Labor Code. The interests of the organization’s employees when conducting collective bargaining, concluding and amending a collective agreement, monitoring its implementation, as well as when exercising the right to participate in the management of the organization, reviewing labor disputes workers and the employer are represented by the primary trade union organization or other representatives elected by the workers. The interests of workers when conducting collective negotiations on the conclusion and amendment of agreements, resolving collective labor disputes regarding the conclusion or amendment of agreements, monitoring their implementation, as well as when forming and carrying out the activities of commissions for regulating social and labor relations are represented by the relevant trade unions, their territorial organizations, associations of trade unions and associations of territorial organizations of trade unions.
Employees who are not members of a trade union have the right to authorize the body of the primary trade union organization to represent their interests in relations with the employer.
In the absence of a primary trade union organization in the organization, as well as in the presence of a trade union organization that unites less than half of the workers, general meeting(conference), employees may entrust the representation of their interests to the specified trade union organization or another representative.
The presence of another representative cannot be an obstacle to the trade union organization exercising its powers. The employer is obliged to create conditions that ensure the activities of employee representatives in accordance with the Labor Code, laws, collective agreements, and agreements.
The employer's representatives are:
Head of the organization;
Other persons authorized by the manager in accordance with the law, constituent documents organizations and local regulations;
Employers' associations.
An association of employers is a non-profit organization that unites employers on a voluntary basis to represent the interests and protect the rights of its members in relations with trade unions, state authorities and local governments.
The interests of the state are represented by:
At the federal level
a) Government of the Russian Federation;
b) Ministry of Labor and Social Development;
c) state labor authorities.
At the regional level
a) executive authorities of a constituent entity of the Russian Federation
Federations;
b) labor authorities of the constituent entity of the Russian Federation.
A special subject when concluding a territorial
of the collective agreement are local governments, since they are neither representatives of workers and employers, nor representatives of the state.
At each level of social partnership, the parties have their representatives.
More on the topic of Social Partnership Parties:
- § 2. Parties to social partnership. Participation of state authorities and local governments in the system of social partnership
- § 2. Parties to social partnership. Participation of state authorities and local governments in the system of social partnership 1.
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The subjects of social partnership as a certain type of social and labor relations are owners, entrepreneurs and employees who enter into the labor market certain relationships on the issue of purchase and sale of labor. The subjects of social partnership in practical activities are:
unions,
entrepreneurs (employers),
state.
Unions represent and protect the interests of workers in the field of employment, conditions and remuneration, in solving various social problems, thereby contributing to the reproduction of the labor force. This is, as it were, the main function of the trade union’s activities, the degree of its implementation is an assessment of the effectiveness of its activities. Trade unions are essentially the only mass organization that represents and consolidates the socio-economic, social and labor relations of employees in the labor market, protecting the interests of a person as a bearer of a certain labor force.
In the labor market, the relationship between workers' unions and business associations (employers) is of paramount importance. These relationships are regulated not only by laws, but also by the unwritten rules of the game, special methods for resolving controversial issues, and finally, the “psychology of social partnership.”
Partnerships between trade unions and entrepreneurs (owners) are not easy to develop. At best, employers tolerate “obedient” unions, but strongly oppose “independent” ones. It should be noted that completely independent trade unions are quite difficult to find. Currently, more than 200 trade union associations are registered that claim to protect the rights
and the interests of workers. Among them, two main groups of trade unions with conventional names can be distinguished:
Traditional trade unions;
New (alternative, parallel) trade unions. Traditional trade unions are trade unions at their core
formed under the conditions of a command-administrative system. They united into the Federation of Independent Trade Unions of Russia (FNPR) and unite 122 member organizations with a total number of about 50 million people and cover 88.5% of the total number of workers in enterprises and institutions of all forms of ownership.
Alternative (new, independent) are trade unions that were formed in the wake of mass strikes and compete with traditional trade unions for influence in the socio-political life of the country. In terms of their numerical and social composition, forms of organization and methods of activity, they are far from equal. One of the main, although not the only, criterion for the influence of a particular trade union is the size of its ranks. It should be noted that a minority of those employed in public production belong to alternative trade unions.
Currently there are the following trade unions and their associations:
all-Russian association(association) of trade unions (FNPR);
interregional trade union(unification of new trade unions);
interregional association(association) of organizations (in Siberia, the Urals, North-Western and other regions);
territorial organizations(voluntary associations of members of primary trade union organizations of one trade union operating in the territory of one subject);
territorial associations(associations) - voluntary associations of trade union organizations.
Each of the named trade unions and their unions (associations) at its own level takes part in collective negotiations.
thieves, conclusion, amendments and additions to collective agreements, agreements, in monitoring their implementation.
Entrepreneurs (employers). The formation of social partnership is inextricably linked with the formation of the entrepreneurial movement. The main interest of an entrepreneur is, first of all, to ensure that the capital he invests brings profit as quickly as possible. And this is only possible if the team is in a stable and stable state. Therefore, an entrepreneur is interested in social partnership as an instrument of social peace; he does not need conflicts that could negate all his efforts to make a profit.
However, despite the common position of business structures with trade unions, they have differences in goals and positions on solving the problems they face. The main goal of an entrepreneur is to obtain maximum profit; for an employee, the main goal is to achieve high wages. The entrepreneur (employer), under any form of ownership, has a desire to appropriate the unpaid labor of the employee, while the main task of the trade union is to ensure that the level of wages ensures the reproduction of the labor force. The main task of social partnership is to find and develop common interests (points of contact) in joint work activities, to come to an agreement, taking into account that they cannot do without each other.
State. There are basically two models of state that have emerged in the world.
The first is the liberal (monetarist) model. It is based on the minimization of state property and the absolutization of private property. The US government system most closely matches this model.
The second is socially oriented. It is based on the free coexistence of various forms of ownership, a strong social function of the state (in the field of health care, education, pensions, etc.). This model is more typical for European countries (especially Scandinavian countries).
The social state is directly related to social partnership, since it is social partnership that pre-
provides for a socially oriented policy pursued by the state.
The social responsibility of the state is manifested in the fact that it performs a number of important social functions:
Corrects spontaneous processes of wealth polarization and prevents social differentiation in society from exceeding acceptable limits. In social policy, this means the redistribution (based on law) of part of the wealth to support the poor;
Determines the living wage, which is implemented through established laws on minimum wages, pensions, and unemployment benefits;
Provides citizens with a certain set of free services in the field of education, healthcare, environmental safety, and access to cultural goods;
Creates the minimum necessary conditions for social insurance 1 .
Acting as a subject of social partnership, the state, when necessary, also performs its administrative and information functions: develops business activities, satisfies the general interests and needs of citizens, etc.
The place of the state in social partnership is determined not only by its general economic functions and regulatory role. It appears in three forms:
owner,
Legislator
Arbitrator (mediator).
It continues to be a major owner and employer. In this capacity, the state, through the executive authorities, acts as an equal party to negotiations, concluding agreements with other subjects of social partnership, regulating social and labor relations, or rather managing them.
1 Social management: textbook / Ed. D.V. Gross. - M: CJSC Business School Intel-Sintez, ATiSO, 1999,231.
4. CONTROL MECHANISM
THROUGH THE SOCIAL SYSTEM
PARTNERSHIPS
The social partnership mechanism includes:
agreements,
collective agreements and contracts,
partnership negotiations.
Agreements. Agreement is legal act regulating social and labor relations between employees and employers. It sets general principles regulation of social and labor relations at all levels. That is, through various types of agreements it is possible to exert managerial influence on various work and life situations. They are different. A special place among various types of agreements is occupied by the General Agreement between Russian trade union associations, national associations of employers and the Government of the Russian Federation.
For example, the General Agreement 1998-1999. consists of 9 sections:
Economic policy;
Salary;
Income and standard of living of the population;
Development of the labor market and guarantees of employment for the population;
Social insurance and social protection of the population;
Protection of labor rights, labor protection and environmental safety;
Socio-economic problems of the northern regions of Russia;
Development of social partnership and coordination of actions of the parties to the agreement.
At the same time, it should be noted that all adopted agreements, including the General Agreement, are not yet perceived by the ruling structures as a legally binding act,
failure to comply with this will result in sanctions against the guilty party.
Yes in practice big number and other agreements at the level of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, various industry (tariff) agreements. According to the FNPR (Federation of Independent Trade Unions), in the Russian Federation there are about 60 sectoral agreements in force at the federal level alone, 50 of them were concluded by trade unions that are members of the FNPR. The main content of these and other agreements is wages. Then there are points such as:
Social guarantees for employees during the privatization and corporatization of an enterprise,
Protecting the interests of employees in bankruptcy,
Improvement of qualifications and retraining of personnel,
Compliance with labor protection legislation,
Ensuring measures to protect the health of workers. An example of the adoption of such agreements can be
trade unions of Tatarstan and Moscow. The experience of implementing and monitoring the implementation of various types of agreements shows that they are an important tool for managing and regulating social processes and phenomena.
Collective agreements and contracts. They are the main documents regulating the issues of remuneration and material incentives for workers. The International Labor Organization (ILO) Convention identifies the following elements of the right to collective agreements.
1. The right of workers to demand from the state and employers recognition of their collective labor powers.
2. The right of workers to freely determine their collective bargaining representatives in the person of specific trade unions. The concept clearly requires that trade unions be recognized as parties to collective bargaining agreements.
3. The right to freely enter into collective bargaining with any employers and conduct them freely, without outside interference
hesitation and at any level using legal means of pressure, including strikes.
4. The right to freely determine the content of collective agreements, to participate in the consideration of labor conflicts that arise, including strikes.
The collective agreement is a management tool at the enterprise. If there is no collective agreement in a private or small enterprise, then the employee limits the possibilities of his protection only to the conditions defined in the contract (employment agreement) and in the legislation that defines state guarantees (mainly at a minimum level). Thus, a collective agreement is an effective means of protecting the interests of employees, especially since the terms of collective agreements and agreements concluded in accordance with the law are binding on the employers to whom they apply.
A mandatory element of establishing a normative relationship between the owner and the employee is a contractual form of hiring and remuneration. The employment contract is increasingly becoming part of the practice of our enterprises and organizations and, under certain conditions, acts as a means of social protection for workers. At the same time, often at non-state enterprises, instead of a system of collective agreements, enslaving contracts are increasingly being introduced, giving owners an unlimited right to dismiss undesirable workers. The possibilities of judicial protection from arbitrariness in the sphere of social and labor relations, as is done in normal rule of law states, as a result of overloading the courts, turn into a fiction.
Each employee, when hired, enters into an employment contract with the head of this enterprise, which stipulates the main obligations of the parties, in particular, what and to what extent the employee must perform work, and the responsibilities at this manager (what salary should he squeeze out). The execution of the contract is regulated and ensured by Russian legislation. An employee with an individual contract is interested in ensuring that all
basic social guarantees (working hours, labor protection, regulation of overtime work, etc.), Thus, the labor contract is also a mechanism for managing and regulating social and labor relations.
Partnership negotiations. Negotiations in the system of social partnership, as a means of regulating social and labor relations, are a process in which a solution is not imposed by one of the parties, but is developed by all its participants in conditions of equality. With constant interaction between conflicting parties, the negotiation process becomes the most rational way to achieve mutually acceptable results. For these purposes, the principle of consensus is widely used in the regulation of social and labor relations.
Negotiations are social dialogue. This is a science that requires thorough preparation, flexible tactics, and creativity. Currently, negotiations and cooperation based on the priorities of agreement are becoming increasingly widespread. The choice of negotiation method is carried out quite precisely using three criteria:
Awareness of your true interests;
Identifying the true interests of the opposing side, both obvious and hidden;
Assessments of the actual behavior of the parties.
The form of negotiations depends on positions sequentially occupied and then conceded in a certain sequence. Typically, the positions of the parties are expressed in the form of a set of demands and show what the party wants and what its attitude to the problem or situation is. During the negotiation process, it is desirable to have an independent arbitrator (third parties) who can impartially separate the parties or find common ground.
Being the most important element of management, negotiations do not deny the possibility and necessity of using other, so-called forceful methods of interaction between the subjects of this system, namely, collective protests of trade unions, rallies, demonstrations, picketing, strikes. It is necessary to emphasize that any rigid boundary between
„v there are no negotiations and forceful methods: often “forceful” Methods are used to force the other party, employers, to sit down at the negotiating table, continue these negotiations or fulfill previously accepted agreements reached during previous negotiations.
So, the restructuring of enterprises and the economy, the distribution and redistribution of property gave rise to a lot of social ills. The cure for them will depend on how and in what way they are resolved. And, as current practice shows, very important in this is:
Activities of government agencies and professional unions,
Their consistent and competent implementation of the principles of social partnership,
Using accumulated domestic and foreign positive experience.
5. QUESTIONS FOR REVIEW AND DISCUSSION
1. What is social partnership?
2. On what principles are partnerships built? Please describe them?
3. At what level is social partnership developed in Russia?
4. Describe the new paradigm of social partnership.
5. What are the main factors of social partnership?
6. Describe trade unions as a subject of social partnership.
7. What is the role of the entrepreneur (employer) and the employee in social partnership?
8. What is the role of the state in the formation and development of social partnership?
9. Expand the mechanism of social partnership.
The subjects of social partnership as a certain type of social and labor relations are owners, entrepreneurs and employees who enter into certain relationships on the labor market regarding the purchase and sale of labor. Subjects of social partnership in practical activities speakers:
● trade unions;
● entrepreneurs (employers);
● state.
Trade unions represent and protect the interests of workers in the field of employment, conditions and wages, in solving various social problems, thereby contributing to the reproduction of the labor force. This is the main function of the trade union, the degree of its implementation and is an assessment of the effectiveness of its activities. Trade unions are the only mass organization that represents and consolidates the socio-economic, social and labor relations of employees in the labor market, protecting the interests of a person as a bearer of a certain labor force.
In the labor market, the relationship between employee unions and business associations (employers) is of paramount importance. These relationships are regulated not only by laws, but also by the unwritten rules of the game, special methods for resolving controversial issues, and finally, the “psychology of social partnership.”
Partnerships between trade unions and entrepreneurs (owners) are not easy to develop. At best, entrepreneurs tolerate “obedient” trade unions but resolutely oppose “independent” ones. It should be noted that completely independent trade unions are quite difficult to find.
Entrepreneurs (employers). The formation of social partnership is inextricably linked with the formation of the entrepreneurial movement. The main interest of an entrepreneur is, first of all, to ensure that the capital he invests brings profit as quickly as possible. And this is only possible if the team is in a stable and stable state. Therefore, the entrepreneur is interested
in social partnership as an instrument of social peace, he does not need conflicts that can nullify all his efforts to make a profit.
However, despite the common position of business structures with trade unions, they have differences in goals and positions on solving the problems they face. The main goal of an entrepreneur is to obtain maximum profit; for an employee, the main goal is to achieve high wages. The entrepreneur (employer), under any form of ownership, has a desire to appropriate the unpaid labor of the employee; the trade union’s main task is to ensure that the level of wages ensures the reproduction of the labor force. The main task of social partnership is to find and develop common interests (points of contact) in joint work activities, to come to an agreement, taking into account that they cannot do without each other.
State. The social responsibility of the state is manifested in the fact that it performs a number of important social functions:
● corrects spontaneous processes of wealth polarization, does not allow social differentiation in society to exceed acceptable limits. In social policy, this means the redistribution (based on law) of part of the wealth to support the poor;
● determines the living wage, which is implemented through established laws on minimum wages, pensions, and unemployment benefits;
● provides citizens with a certain set of free services in the field of education, healthcare, environmental safety, and access to cultural goods;
● creates the minimum necessary conditions for social insurance.
Acting as a subject of social partnership, the state, when necessary, also performs its administrative and information functions: develops business activities, satisfies the general interests and needs of citizens, etc.
The place of the state in social partnership is determined not only by its general economic functions and regulatory role. It acts in three capacities: owner; legislator; arbitrator (mediator).
It is a major owner and employer. In this capacity, the state, through the executive authorities, acts as an equal party to negotiations, concluding agreements with other subjects of social partnership, regulating social and labor relations, or rather managing them.
An important issue in the development of a social partnership system is the distribution of responsibilities between partners. In Labor legislation there is no such thing as subjects of social partnership, but Article 25 of the Labor Code of the Russian Federation talks about the parties participating in the system, which are employers and workers. But besides the two participants, regulation of labor justice issues can be entrusted to a third party - these are government agencies.
The systemic mechanism of partnership represents the relationship of entities, which are employers of labor on the one hand and workers on the other, or their authorized representatives. Their relationship lies in the settlement of controversial issues in production, or other issues closely related to them, through peaceful negotiations.
In accordance with Article 25 of the Labor Code of the Russian Federation, the subjects of social partnership are:
- communities of workers or their authorized representatives represented by trade union committees;
- employers or their authorized representatives represented by the business community;
- government bodies.
Each authorized representative representing the interests of the parties is required to have documents confirming his authority. A tripartite commission is formed from representatives, fulfilling its obligations depending on the level of partnership (federal, regional, territorial). Based on the results of the negotiations, a document with the text is drawn up decision taken. If the subject or subjects of the social partnership system do not agree with the text of the document, minutes of the commission meeting are drawn up, after which the settlement of social justice is carried out through special procedures specified in Article 61 of the Labor Code of the Russian Federation. This:
- conciliatory negotiations;
- involving a mediator in the dispute;
- filing a claim with the arbitration court.
The collective bargaining commission includes an equal number of representatives of all subjects. The composition of the commission can be approved on an ongoing basis.
Entities representing the interests of workers
The interests of workers in the social resolution of conflicts at work are represented by trade union committees. A trade union is a mass organization of workers, acting on behalf of workers and regulating social-production, as well as socio-economic conflicts in the world of work. Trade union communities ensure protection of rights individual, as a unit of labor.
The relationship between employers and trade unions is far from simple, especially if disputes are resolved with “independent” committees. On at this stage development of the system, more than 200 organizations have been formed that protect the rights and powers of the workforce, among them the following can be distinguished:
- traditional trade union committees;
- new (alternative) professional communities.
Traditional trade union committees are organizations formed under the administrative command of entrepreneurs.
New (alternative) trade unions are committees formed under the influence of numerous worker strikes. They are constantly in competition with traditional professionals. committees and advocate for socio-political relations in the country. Their numerical and social composition, as well as methods of influence and forms of work, are far from clear. The main criterion for the influence of committees is the number of its members.
Entities representing the interests of employers
The main task of entrepreneurs is to ensure that the capital they invest begins to generate income as soon as possible. But this task is achievable only in conditions of a stable social environment in the team. Therefore, the entrepreneur’s side should have the greatest incentive to regulate social and labor relations with employees. All emerging conflicts slow down economic growth, aggravate labor productivity and, as a result, lead to a decrease in profits.
At the local partnership level, the interests of the employer are represented by the head of the organization or his authorized representative. The entity operates within the framework of regulatory internal documents and a collective agreement. At this level, government bodies do not belong to the subjects of social partnership, since peaceful negotiations are conducted only with the involvement of two parties - the employer and the employee.
At other levels, the interests of labor employers are represented by communities of entrepreneurs organized to resolve issues within the framework of the tripartite commission. The Labor Code of the Russian Federation defines the community of entrepreneurs as non-profit organization, joining together into a single whole on a voluntary basis. The action of such communities is based on the regulatory provisions of the Labor Code of the Russian Federation and the Federal Law “On Associations of Employers”; these documents define the procedure, conditions and principles of negotiations in the social partnership system.
