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. The representatives form a tripartite commission that fulfills its obligations depending on the level of partnership (federal, regional, territorial). Based on the results of the negotiations, a document is drawn up with the text of the decision made. 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. At this stage of 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.

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.

The subjects of the social partnership system, i.e. people, its bearers, who personify and implement its tasks and principles in their practical activities, are representatives of workers, their bodies and organizations; employers and their representatives, their bodies and organizations; state and municipal executive authorities and their representatives. Within the framework of the social partnership system, all its subjects act as independent and equal parties. This “triangle” in world practice is called “tripartism”, which means “three parts”.

^

§ 1. Trade unions

The first subject of the “tripartism” system are trade unions, which represent the most mobile element of labor relations - hired workers and protect their interests in the field of employment, conditions and remuneration, thereby contributing to the reproduction of the labor force. The purpose of trade unions is that they do not allow the employer to lower the cost of labor below its minimum limit. To achieve this, trade unions use various forms and methods of defending the interests of employees 86 .

The most important task of trade unions should be recognized as fulfilling their function of representing and protecting the legitimate rights and interests of workers, understood in the broadest sense, i.e. which includes activities to protect the rights and prevent administrative arbitrariness in relation to workers, improve their working and living conditions, and solve various social problems.

The degree of implementation of this function is the main criterion for evaluating their actions. Historical experience has not yet given rise to another mass non-political organization of workers, more than trade unions, aimed specifically at protecting their rights and interests.

The protective activities of trade unions of working-age citizens around the world cover three main areas: employment, wages and working conditions. The Law of the Russian Federation “On trade unions, their rights and guarantees of activity” (Article 15), adopted on January 20, 1996, emphasizes that “relations of trade unions by employers, their associations (unions, associations), government bodies and local governments are built on the basis of social partnership and interaction between the parties to labor relations, their representatives, as well as on the basis of a system of collective bargaining agreements." The Law creates a legal basis for social partnership and recognizes the equality of the parties in the development and adoption of decisions within their joint competence 87 . This is in line with international practice. Social partnership is based on the recognition of the existence of common and special economic and social interests of workers, entrepreneurs, and the state, and an understanding of partnership as an instrument of social dialogue leading to the harmonization of relations between trade unions, employers and authorities. A worker who sells his labor is interested in the highest possible payment for his labor, safe working conditions, a fixed working day, and reliable retention of his job. But an individual worker without an organization cannot profitably defend his interests in the labor market.

Trade unions are a natural defender of the rights and interests of workers. They are essentially the only mass organization that represents and consolidates the socio-economic, social and labor relations of employees in the labor market, representing and protecting the interests of a person as a bearer, a subject of a certain labor force. In the labor market, the relationship between workers' unions and business associations (employers) is of paramount importance. These relations are regulated not only by laws, but also by unwritten “rules of the game”, methods of resolving controversial issues, and finally, “the psychology of social partnership”.

Partnerships between trade unions and entrepreneurs are not easy to develop. At best, entrepreneurs tolerate “obedient” trade unions, but resolutely oppose “independent” ones. It is far from accidental that in the new economic structures In modern Russia there are often no independent trade union organizations of workers. Unfortunately, the trade unions themselves are not particularly active, do not have their own offensive line, and in the sphere of private business their activity is practically invisible.

An important area of ​​activity of trade unions is dialogue with government authorities at various levels, joint participation with state representatives in regulating social relations in general and labor relations in particular. Trade unions can play a significant role in the development of social and labor legislation, and subsequently exercise their own “non-departmental” control over its compliance at all levels. Nowadays, according to the Constitution of the Russian Federation, trade unions do not have the right of legislative initiative. Therefore, they themselves must speak to those who have such a right with a proposal for the adoption by the relevant bodies of legislative and other regulatory legal acts relating to the social and labor sphere. It is advisable to review drafts of all legislative and regulatory legal acts affecting the social and labor rights of workers with a view to their social consequences and submit proposals on them, respectively, to federal state or executive authorities, or local governments.

Currently, instead of the Soviet trade unions - a single mass organization of workers that has existed in the USSR for over 70 years, more than 200 trade union associations are registered in Russia, claiming to be defenders of social - labor 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, which united in 1990 into the Federation of Independent Trade Unions of Russia (FNPR). Now it unites 122 member organizations, more than 380 thousand primary organizations with a total number of about 50 million people in total, which covers 88.5% of the number of workers in enterprises and institutions of all forms of ownership. This trade union center unites 43 industry and 79 territorial trade union associations, that is, it has a branched structure in industries and constituent entities of the Russian Federation, which is important for the formation of a system of social partnership 88 . At the III Congress of the FNPR (December 1996), the “Program document of the Federation of Independent Trade Unions of Russia” was adopted, which defined the role of trade unions in modern society, goals and principles of their activities.

Alternative (new) trade unions are trade unions formed in the wake of the mass strikes of 1989-1991. and competing 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.

The legislation of the Russian Federation recognizes trade unions of various orientations existing in Russia as full-fledged subjects of labor relations. This is expressed primarily in their recognition of the “triad” of trade union rights: the right to association, the right to collective bargaining, contracts and agreements, and the right to strike. Their implementation is sufficient for trade unions to have the necessary legal and legal capacity to represent and protect the rights and interests of their trade union members. (According to the laws of the Russian Federation “On trade unions, their rights and guarantees of activity, “On collective bargaining agreements”, trade unions have the right to create their own associations (associations) on a sectoral, territorial or other basis, taking into account professional specifics - all-Russian associations (associations) trade unions, interregional unions (associations) of trade unions, territorial unions (associations) of trade union organizations Trade unions, their associations (associations) have the right to cooperate with trade unions of other states, to join international trade union and other associations and organizations, to conclude contracts and agreements with them" 89. Currently, there are the following trade unions and trade union associations:

1. All-Russian association (association) of trade unions - a voluntary association of all-Russian trade unions, territorial associations (associations) of trade union organizations, operating throughout the entire territory of the Russian Federation or in the territories of more than half of the constituent entities Russian Federation. Consequently, an all-Russian association, as an all-Russian trade union, receives not only a statutory, but also a legislative definition and its legal status. Such an All-Russian association, for example, is the FNPR, which operates throughout the Russian Federation.

2. Interregional trade union - a voluntary association of trade union members - workers in one or more industries, operating in the territories of less than half of the constituent entities of the Russian Federation.

3. An interregional association (association) of an organization that operates in accordance with its statutory goals in the territories of less than half of the constituent entities of the Russian Federation and has its own structural units there. Such intersectoral associations are already functioning in Siberia, the Urals, the North-Western and other regions.

4. Territorial organizations - a voluntary association of members of primary trade union organizations of one trade union, operating on the territory of one subject or on the territory of a city or district. The territorial organizations currently available include regional committees, regional committees, republican, city, district and other territorial committees of all-Russian trade unions. They can voluntarily create their own associations and territorial bodies.

5. Territorial associations (associations) are voluntary associations of trade union organizations that operate, as a rule, on the territory of one subject of the Russian Federation or on the territory of a city or district. This term applies to regional, regional, republican trade union councils, regional federations of trade unions and other similar territorial associations.

Each of the named trade unions, their unions (associations), trade union bodies at their level takes part in collective negotiations, concluding, amending and supplementing collective agreements, agreements, and monitoring their implementation.

World experience shows a tendency towards the unification of trade unions (out of the 24 most developed Western countries, in 16 the trade union movement acts in social partnership as a single whole). The unification of the trade union movement in most democratic countries was voluntary, without conflict. It took many decades. In Russia, for a certain period, the trade union movement will apparently consist of competing trade unions, but time will ultimately unite them.

^

§ 2. Entrepreneurs (employers)

The formation of social partnership is inextricably linked with the formation of business associations as an equal party to the contract, agreement with employees and their associations. Now the words “entrepreneur” and “enterprise” are heard loudly. Life has made us understand that at the origins of the country’s socio-economic revival lies an enterprising, businesslike, resourceful, thinking person. In the economic sphere, he is an entrepreneur. Business associations play a very important role in the labor market. They act here primarily as the main social partner of workers' trade unions.

The main interest of an entrepreneur is, first of all, to ensure that the capital he invests brings in as much profit as possible as quickly as possible. And this can only be achieved with a stable, sustainable state of the team, region, industry and society. Therefore, the Russian entrepreneur is interested in social partnership as an instrument of social peace. A situation of political confrontation is dangerous for him. Any entrepreneur is directly interested in avoiding acute social conflicts, since they negate his main economic goal - making a profit.

Therefore, entrepreneurs are objectively interested in pursuing a coordinated policy with trade unions on issues of on-later and working conditions, employment, social guarantees, etc. Thus, dialogue between two social partners - workers' unions and entrepreneurs' associations - can become an important tool in regulating labor relations.

At the same time, the partners objectively have differences in goals and positions, which at first glance seem insurmountable. For entrepreneurs - to get maximum profit, for workers - to get higher wages. However, both parties are involved in a single process, interact and cannot exist without each other. The employer and the employee are equally interested in receiving a share of the profit: the first - in the form of income, and the second - in the form of wages. However, the social implications of the behavior of each of the parties are not the same. If the employer, under any form of ownership (private, collective, state), seeks to appropriate the unpaid labor of the employee, then the task of the trade union is to ensure that the level of wages ensures at least the simple reproduction of the labor force, is associated with the results of labor and performs a stimulating function.

The formation of social partnership is inextricably linked with the formation of business associations as a party in the dialogue with the state and employees. At the end of the 80s, associations of cooperators and tenants appeared. At the end of 1991, organizations of private entrepreneurs began to emerge, many of which united into the Congress of Russian Business Circles. At the end of the 80s, the Russian Union of Industrialists (RUU) was formed, which united the largest state-owned enterprises of industrialists and entrepreneurs. Now it includes 56 regional and over 100 sectoral state and non-state associations.

In recent years, numerous associations and associations have been created not only at the federal level, but also across sectors of economic activity and across regions. By the mid-90s, for example, there were about 50 different associations of entrepreneurs that were registered as all-Russian organizations. More larger number associations of entrepreneurs are created in regions and industries. It is obvious that in the future the role of industry and regional associations will increase in direct proportion to the development of economic independence of Russian regions, reducing the influence of state industry structures management.
^

§ 3. State

In world practice, two main models of the state with their various modifications are becoming more and more evident. The first is the so-called liberal (monetarist) model. It is based on minimizing state ownership. And accordingly - the absolutization of the private, which implies a sharp reduction in the social function of the state. The liberal model is based on the principle of self-survival, the formation of an individual - independent, relying only on oneself, with a certain system of moral concepts ("if you live poorly, then you are to blame for this").

The state in the USA is closest to the first model. In Russia, this model was persistently introduced, first by the Gaidar government, and subsequently - with some modifications - by the Chernomyrdin government.

The second model is socially oriented. It is based on the free coexistence of various forms of ownership and the strong social function of the state. A socially oriented state takes on a number of national functions, for example, in the field of education, healthcare, and pensions. It protects people to a greater extent. The second model is typical mainly for European, and especially for Scandinavian countries: Israel, Canada. China chose the same development paradigm South Korea, rapidly developing countries Latin America, Arab East. Although, strictly speaking, none of these models exists anywhere in their pure form.

The most concentrated expression of the socially oriented model of development is in the concept of a “welfare state.” It is also laid down in the Constitution of the Russian Federation, where it is established that the Russian Federation is a social state, the policy of which is aimed at creating conditions that ensure decent life and free development of man.

The social state has direct relation to social partnership, because 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 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 redistribution (on the basis of law) of part of the wealth to support the poor - this is the essential meaning of the welfare state;

Determines the living wage, which it implements 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 90 .

Acting as a subject of social partnership, the state, when necessary, also performs its administrative and information functions.

The state, for example, which has taken the trouble to develop an entrepreneurial culture, is able to clearly advertise entrepreneurship as a benefit to society through the media, art and other channels of influence. If society cultivates the idea that creating your own company is a prestigious and worthy matter, and the person who created

Of course, they look at him with approval; there are many who want to follow his example.

It is the state, and only it, that unites all citizens of the country and is capable (for this reason) of representing their common needs, interests and goals, expressing the general will of the people, consolidating it through legislation and other forms of law-making, ensuring its implementation, using a wide variety of methods, including direct coercion.

The state is the one and only personification of the “backbone” and at the same time the form (“hoop”) of society. Remove the state, and society will fall apart into competing and fighting parts, mired in endless disputes, showdowns, each person asserting his own “truth” in bloody clashes and even civil wars. By weakening its regulatory, legislative and law enforcement functions, it is impossible to achieve a civilized socially oriented market.

The place of the state in social partnership is determined not only by its general economic functions and regulatory role. It acts in three guises: owner, legislator and arbiter (mediator). The state 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.

Further, the role of the state is, in particular, to develop appropriate labor and social legislation. Currently, the legal framework for social partnership in Russia is weak. In developing it, it is important to systematically implement the norms of international law, ratify a number of ILO conventions that provide for more preferential conditions for workers and employers compared to the existing Russian legislation.

These functions of the state must be separated from its functions as a mediator and arbiter in social partnership. The state must abandon political maneuvering and pressure in relation to the other two partners in the “tripartism” system and transfer to the latter the powers that belong to associations of workers and entrepreneurs. State intervention in their relations seems appropriate only in cases where labor legislation is violated by one or another party to the labor relationship; when both conflicting parties cannot reach a compromise solution; when the compromise reached is detrimental to state interests.
^

CHAPTER XII - MECHANISM OF OPERATION OF THE SOCIAL PARTNERSHIP SYSTEM

§ 1. Agreements

In the implementation of the intended goals and objectives of social partnership, a special place is occupied by the General Agreement between all-Russian associations of trade unions, national associations of employers and the government of the Russian Federation. The Law “On Collective Contracts and Agreements” states:

"Agreement - legal act regulating social and labor relations between employees and employers, concluded at the level of the Russian Federation, a constituent entity of the Russian Federation, territory, industry, profession." It further emphasizes that the federal agreement establishes general principles for regulating social and labor relations at the federal level." At the federal level, it is a document of global significance, designed to be the main regulatory framework for social and labor relations; determines the specific strategy and tactics of action of all subjects of social partnership.

Since 1992, Russia has already concluded five general agreements, which provided for measures to create conditions for stabilizing the economy and carrying out reforms, promoting the employed population and developing the labor market, regulating incomes, living standards and social protection of the population, ensuring economic security, and others. . For example, the General Agreement for 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.

Unfortunately, the practice of concluding and implementing General Agreements shows that they are poorly implemented and are rather tripartite declarations of intentions that the parties are in no hurry to implement. They have not yet been accepted by the ruling structures as a legally binding act, the failure of which entails sanctions against the guilty party. Therefore, it would be advisable to establish a procedure in which the agreements of the three parties reached at the federal level cannot be ignored when concluding regional (territorial) agreements, as well as collective agreements at the enterprise.

The Russian Tripartite Commission for the Regulation of Social and Labor Relations (RTC) occupies an important place in the system of social partnership. According to the “Regulations on the Russian Tripartite Commission for the Regulation of Social and Labor Relations”, approved by the Decree of the President of the Russian Federation of January 21, 1997, the main goals of the Commission are:

A) coordination of social and economic interests federal bodies state authorities, all-Russian associations (trade unions and all-Russian associations of employers) in developing general principles for regulating social and labor relations at the federal level;

B) promoting contractual regulation of social and labor relations at the federal level.

The Russian Tripartite Commission, by analogy with the ILO structures, includes no more than 30 representatives from each of the parties:

Governments, trade unions and entrepreneurs. The composition of the commission may change subject to the principles of parity representation, authority and mutual responsibility of the parties to the social partnership. Within the commission, working groups can be created with the involvement of scientists and specialists, engaged in the study and development of individual problems of socio-economic policy (ensuring employment of the population, development of the labor market, income and standard of living, social protection of the population, labor protection and environmental safety, etc.)

It is important to draw the Commission’s attention to the ILO’s recommendation on delimiting the range of issues within the competence of the parties. It is advisable that each problem, given its nature, be entrusted to the appropriate competent authority and regulated through a specific decision-making procedure. It would be advisable to organize a group within the RTK to study and summarize the experience of similar bodies abroad. The purpose of such a study is not to search for a model for mechanical imitation, but to attempt to better understand the similarities and differences of systems, to find those elements of Western experience that, with appropriate rethinking, may prove useful for modern Russia. The specificity of Russia is the particular complexity of the formation and functioning of the middle level of social partnership - regional - sectoral. After all, Russia is characterized by significant differences in production conditions and incomes between and within industries, and, to an even greater extent, between regions. In this regard, the role of industry (tariff) agreements is increasing, since they largely determine how protected the socio-economic rights of specific employees are, primarily in matters of additional payment, respect for the interests of employees when changing forms of ownership, participation of the workforce in making decisions on issues of privatization, corporatization, employment, retraining of workers, etc. According to the Law of the Russian Federation “On Collective Bargains and Agreements” (Article 18), the industry (inter-industry) tariff agreement establishes payment standards and other working conditions, as well as social guarantees and benefits for workers in the industry(s).

According to the FNPR, in the Russian Federation, as of June 1997, there are 58 sectoral tariff agreements in force at the federal level, 49 of them were concluded by trade unions that are members of the FNPR. In 1997, only 20% of sectoral tariff agreements were concluded with associations of employers, while the bulk of them were signed with federal ministries, their departments and other departments that do not have sufficient economic, financial, and government powers. This situation reduces the effectiveness of these agreements. Their main content is occupied by salary issues. Important points There are also such issues as: social guarantees for workers during the privatization and corporatization of enterprises, protection of the interests of workers in bankruptcy, advanced training and retraining of personnel, compliance with labor protection legislation, ensuring measures to protect the health of workers.

An example of the high efficiency of social partnerships between trade unions, the state and entrepreneurs at the regional level is the practice of trade unions in Moscow and Tatarstan. Moscow trade unions for a short period - from the beginning to the mid-90s. - have gone from complete rejection by the Moscow Government to recognition as constructive partners of subjects of mutually beneficial cooperation.

Since 1990, Moscow trade unions began to develop agreements at the city level, first bilateral (trade unions - Government), and since 1993 - tripartite.

Let us note that the implementation of the first agreements was carried out mainly through “forceful” methods (in particular, pickets). However, then the agreements increasingly became the result of negotiations.

The first Moscow tripartite agreement between the city government, trade unions and entrepreneurs on social partnership and the prevention of labor conflicts in production was signed in 1991. This agreement is small in scope and quite declarative in content, signed with a protocol of disagreement, since they did not reach an agreement on salaries of teachers and health workers. As a result, a strike of teachers and health workers soon began. Subsequent agreements were concluded without a protocol of disagreements; almost all controversial issues were resolved at the preliminary stage. And the agreements themselves have become more specific

In 1996, the Government, by agreement with the trade unions, assumed 60 obligations, which were quite specific both in terms of timing and results of implementation.

While many previous agreements were concluded after the approval of city budgets and could not really influence them, the agreement for 1996 was signed in November 1995 and formed the basis for the calculation of many items of the city budget 91 .

The Moscow tripartite agreement for 1998 consists of the following sections: ensuring employment of the city population; development of industrial production and entrepreneurship; regulation of payment and creation of favorable working conditions in enterprises and organization of the city; creation of necessary social conditions life of citizens and maintaining its level; ensuring constructive social partnership, responsibility of the parties for fulfilling the obligations stipulated by the agreement. For example, the side of employers in Moscow has undertaken the following obligation - to provide in collective agreements, along with provisions on modern payment of wages, the amount of compensation in case of delay, a reduction in the official salaries of managers and chief specialists of the enterprise for the period of complete or partial shutdown of production.

The Moscow tripartite agreement for 1998 was signed by: from the Government - Prime Minister of the Moscow Government Yu. M. Luzhkov; from trade unions - Chairman of the Moscow Federation of Trade Unions Nagaitsev M.D.; from entrepreneurs (employers) - Chairman of the Moscow Confederation of Industrialists and Entrepreneurs E.V. Panina

Since 1995, the Moscow Tripartite Commission for the Regulation of Social and Labor Relations has been operating. It was created by the Moscow Government, Moscow trade union associations ("trade unions"), Moscow associations of industrialists and entrepreneurs ("employer entrepreneurs").

The main tasks of the Moscow Tripartite Commission are:

Preparation and conclusion of a Tripartite Agreement between the government, trade unions and entrepreneurs, monitoring the progress of its implementation;

Resolving disagreements that arise during the preparation, conclusion and implementation of industry agreements;

Development and implementation of measures to prevent and resolve collective labor disputes(conflicts) at enterprises and organizations of the city.

Since 1998, Moscow tripartite agreements have been concluded in a new legal framework - on the basis of the Moscow city law “On Social Partnership”.

In Moscow, specific regional agreements are concluded, unique only to the capital - district tripartite agreements between representatives of prefectures, district councils of the Moscow Federation of Trade Unions and district associations of entrepreneurs.

^ A number of sectoral city agreements have been developed and are functioning in Moscow:

between the Department of Consumer Market and Services, the League of Trade Entrepreneurs of Moscow and the city committee of the trade union of trade, public catering and consumer cooperation workers;

between the Department of Engineering Support and the City Council of the Trade Union of Municipal Workers of Moscow;

between the Department of Energy and Energy Supply and the City Council of the Trade Union of Municipal Workers of Moscow;

on social partnership between the Moscow Committee for Culture and the Moscow City Committee of the Trade Union of Cultural Workers;

between the Moscow Government, the Department of Construction and the Moscow City Committee of the Trade Union of Construction and Construction Materials Industry Workers;

between the Council of the Trade Union of Textile and Light Industry Workers of Moscow and entrepreneurs (Union of Entrepreneurs) of the textile and light industry;

between the Moscow city and regional committees of the Electric Trade Union and Mosenergo JSC;

between the Moscow Government, a state company "Mosgortrans" and the city committee of the trade union of road transport and road workers;

between the Moscow City Committee of the Trade Union of Metallurgical Industry Workers and entrepreneurs of the enterprises of the Russian Federation Committees on Metallurgy and Precious Metals. metals and precious metals stones;

between the Moscow Government and the Moscow Metro administration.

In 1996, the Moscow Federation of Trade Unions and the capital's Committee on Labor and Employment agreed on cooperation in the field of employment policy, development of a system of social partnership and labor protection. In a document signed by the Chairman of the IFP and the head of the Department, the parties agreed to cooperate in matters of preserving old and creating new jobs, retraining personnel, jointly monitoring the situation with labor protection, and starting work on determining the cost of living in the city as the base price of labor.

Trilateral and bilateral agreements are largely being implemented. For example, to implement the 1997 Agreement for a number of Moscow enterprises, loans were allocated to preserve and create jobs, additional payments were established for the earnings of public sector employees, teachers and emergency doctors, as well as for pensions and benefits for low-income pensioners and disabled people, single and large mothers, adopted measures to improve the performance of urban public transport. The problem of untimely payment of wages remains. It's not easy to solve.

Unfortunately, there have been cases of injuries at work. In this regard, sanctions have been tightened against enterprise administrations for violating safety regulations. These are handled by the technical inspection of trade unions. Evasion from concluding collective agreements is revealed.

Together with the Moscow authorities and the Confederation of Industrialists and Entrepreneurs, the problem of stabilizing industrial production in the city is being solved. The main efforts are aimed at “raising from their knees” two Moscow industrial giants - ZIL and AZLK.

IN 1996 The ZIL Revival Program was developed. It's mostly done. The plant is now operating, although, of course, not all of the problems have been solved.

IN 1996 The situation with AZLK has worsened. Mass media. As if on cue, they started talking about the bankruptcy of the enterprise, although this statement was incorrect. The State Property Committee was preparing to put the plant under the hammer. At AZLK, on ​​the recommendation of the trade union committee, a new general director was elected, and the staff supported him. Soon the conveyor started working again. The enterprise was saved, hundreds of people saved their jobs. A schedule for repayment of salary arrears has been approved, while it is strictly being implemented,

Recently, normal working relations have been established between the Moscow government, trade unions and entrepreneurs, and mutual understanding has been reached on many fundamental issues. The implementation of most of the points of the tripartite agreement - 97 inspires confidence that its subsequent points will be implemented. This means social stability will remain in the capital.

During recent years In the Republic of Tatarstan, a system of social partnership was also formed at various levels, which during this time has passed serious tests both in form and in essence. IN 1991 for the first time at the republican level, a bilateral Agreement was concluded (government - trade unions), then to1992-1994 gg. tripartite agreements have been concluded (government - unions - Association of Industrial Enterprises, and with1995 The Chamber of Commerce and Industry of the Republic joined the employers' side. On the basis of such republican Agreements, industry (tariff) agreements began to be concluded. With the shift in the center of gravity of solving social problems from the republican to the territorial level (city, district), the practice of concluding Agreements between the coordinating councils of trade union committees and heads of administrations began to spread.

Another distinctive feature of partnership work in the republic was the conclusion of special Agreements between district (city) bodies of trade unions of workers in the agro-industrial complex, healthcare, public education, science, culture and the relevant departments of city and district administrations.

^ The conclusion of collective agreements at enterprises and organizations was further developed, the number of which tripled, from two to six thousand 92 .

Thus, on the basis of agreements reached at various levels in the republic, an extensive system of equal social partnership of trade unions, employers and the state is gradually taking shape.

Of course, the practice of developing, concluding and monitoring the implementation of contracts and agreements requires further improvement. So, for example, it is obvious that draft general, sectoral and social agreements practically must be ready before sending a budget message to the State Council of the Republic of Tatarstan and forming local budgets so that when considering them, the necessary expenses for the implementation of activities agreed upon by the parties are taken into account. Under these terms of agreement different levels approval of budgets can be concluded immediately, which is a good basis for the successful conduct of a collective agreement company.

The experience acquired by the trade unions of Moscow and Tatarstan, the results achieved, of course, require further understanding, the test of time, generalizations from a unified methodological position, its correlation with the experience of other regions and on this basis the construction of a sustainable system of social partnership, a mechanism for interaction between trade unions and government bodies in for the purpose of developing and implementing social policies that are most consistent with the task of social protection of workers.

^

§ 2. 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 and at any level using legal means of pressure, including strikes.

4. The right to freely determine the content of collective agreements, participating in the consideration of labor conflicts that arise, including strikes.

The Law of the Russian Federation “On Collective Bargains and Agreements” defines: a collective agreement is a legal act regulating social and labor relations and concluded by employees of an organization, branch, representative office with employers.

When deciding whether to conclude a collective agreement by employees, it is necessary to take into account that if an agreement is not concluded, then the employees find themselves in almost complete socio-economic dependence on the will and behavior of the employer 93 . The collective agreement must take into account the specific activities of a particular organization, use its capabilities and resources in the interests of workers, the development of production, and the whole society. Only a Collective Agreement can ensure stable relationship between the collective of workers and employers (administration) of the organization, clearly indicating the rights and responsibilities of both parties.

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.

The structure and content of the collective agreement, its validity period are determined by the parties. In each specific organization, the content of the collective agreement is applied to the conditions in which employees work and the organization operates, and those problems of social and labor relations between employees and employers (administration) that need to be regulated. The parties are limited in their obligations only by the following points: if the terms of the collective agreement worsen the position of the employee in comparison with the current legislation, they are declared invalid; a collective agreement also cannot worsen the situation of workers in comparison with general, sectoral or special agreements. A mandatory element in establishing normal relations 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 various organizations and, under certain conditions, acts as a means of social protection for workers. However, it cannot be unambiguously and unconditionally assessed precisely as a means of social protection; it can act as such only under certain conditions: if the contract system at the enterprise (organization) is regulated in such a way that it specifically provides for a system for ensuring the rights of workers.

Meanwhile, often at non-state enterprises, together with the 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, i.e. the employee performs such and such work, and the employer (manager) pays him such and such salary. The implementation of contrast is regulated and ensured by Russian legislation, namely the Labor Code. Thus, if the terms of the employment contract turn out to be worse than those provided for in the collective agreement, then the collective agreement or agreement applies.

Our domestic, and, to an even greater extent, international practice of social relations convincingly prove that only on the basis of an individual labor contract, the diverse interests of an employee cannot be fully and stably protected. The standard of living of an employee, as well as that of his family members, depends on many factors that go beyond the compensation of his individual labor contribution specified in an individual contract. Respect for the interests of workers when changing forms of ownership, participation of the workforce in decision-making on issues of privatization, corporatization, employment, retraining of workers - all these and many other important social aspects of labor relations, as a rule, are fixed in a collective agreement at the enterprise level 94.

Finally, the level of wages fixed in an individual contract may even significantly exceed average wages for this enterprise. And yet, an employee with an individual contract is interested in ensuring that other social guarantees (length of the working day, week, duration of main, additional, special leaves, their payment, regulation of overtime work, labor protection, etc.) are not for him is lower than provided for in the collective agreement. Thus, there can be no contradiction between an individual labor agreement and a collective agreement in the normal functioning of the system of contractual relations; they must complement each other.

^

§ 3. Partnership negotiations

An important element of the functioning mechanism of the social partnership system is partnership negotiations. Article 2 of the ILO Collective Bargaining Convention (No. 154, 1981) states that the term collective bargaining applies to all types of negotiations between employers and workers (or their representative organizations) for the purpose of: a) fixing conditions of work and employment ; b) regulate relations between entrepreneurs and employees; c) regulate relations between workers and their organizations and entrepreneurs and their organizations.

Negotiations in the social partnership system are an interactive process when a solution is not imposed on one of the parties, but is developed jointly by all participants on the terms of equality of the parties. With constant interaction between conflicting parties, the negotiation process becomes the most rational way to achieve mutually acceptable results.

IN international law There is a concept of consensus. Initially it was applied within the UN. In an organization where over 100 states with different political and economic systems are represented, consensus has developed and made it possible to come to agreed decisions, rejecting and blocking the use of force. If, for example, at the end of the 70s the UN made about 1/3 of decisions at the level of consensus, then after 10 years - already 70%. Currently, the principle of consensus is widely used in regulating social and labor relations.

Partnership is one of the types of interaction, organized and manifested exclusively in the process joint activities: social, economic, political. From the point of view of the subjects of partnership relations, they can be considered both horizontally and vertically. Taking into account the fact that the most important structural component of activity is the goal as an ideally presented result, it is the coincidence of goals that is the main condition for the formation of partnerships. If such a coincidence occurs at the level of long-term goals, a long-term and fairly stable partnership is possible; if the coincidence is at the level of intermediate, private goals, the partnership will most likely be temporary. If the goals do not coincide, then it is useless to talk about any partnerships.

In Russia, negotiations with “partners” often take on the character of presenting an ultimatum rather than a social dialogue. Sociological data show that in Russia people's tolerance for each other is extremely low: only 16% of Russian citizens are able to calmly accept positions and actions that they do not like. In the West, the same figure is close to 80% 95 . And today the prevailing tendency is to “search for the enemy”, the culprit of our troubles (on whom all responsibility could be blamed), rather than searching for a partner with whom we could overcome the crisis.

Collective bargaining is a science that tripartism has yet to comprehend. It requires thorough preparation, flexible tactics, and creativity. Even the negotiation technique different countries akh is the subject of study in trade union schools and colleges. The settlement of disagreements during collective bargaining in Russia is carried out in accordance with the Federal Law “On the Procedure for Resolving Collective Labor Disputes”.

Depending on the specific situation, the subject of discussion, the goals of the participants, and their attitudes, different tactics are used. In the 50s and 60s in Western countries, the “win only” method dominated the negotiation process; the focus was on the use of force and pressure. But gradually a different model of negotiations took hold there, focused on resolving conflicts by reaching a compromise. An integral element of the negotiation process is mastering skills business communication. The ability to listen carefully to the other side in order to understand its interests, correctly explain your own, and focus on the problem and not on the characteristics of the people with whom negotiations are being conducted makes it easier to find a way to achieve a positive result.

Currently, cooperation negotiations based on the priorities of agreement are becoming increasingly popular. In this case, preference is given not to a formal “victory”, but to a reasonable compromise. The most difficult thing for negotiators is, firstly, awareness of their true interests, and secondly, identification of the true interests of the opposing side, both obvious and hidden, which can stand behind those put forward and actually determine behavior 96 .

The choice of negotiation method is carried out quite precisely using three criteria: it must lead to a reasonable agreement, if such is at all possible; it must be effective; it should improve, or at least not damage, the relationship between the parties. A reasonable agreement can be called an agreement that best meets the legitimate interests of each party, fairly regulates conflicting interests, is long-term and takes into account the interests of society. The most effective path to negotiation is one that involves action based not on weakness or strength, but rather on both. The method of principled negotiations means a tough approach to the consideration of the merits of the case, but provides a soft approach to the relations between the negotiators.

The form of negotiations depends on the 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 is its attitude to the problem, to the situation. Negotiation can be useful in a wide range of cases - from the demand for an opportunity to present a point of view to the demand for a new distribution of resources and even power, i.e. in areas where discussion and compromise may take place, as well as mutual concessions during the negotiation process. Although negotiations on the distribution of power are not easy, one need only look back at the field of labor relations to see that negotiations on the distribution of power began with the signing of the first collective agreement. The appointment of an independent, unbiased arbiter to ultimately determine whether an employer's dismissal of a worker or employee is appropriate is a limitation on the employer's power. Even an agreement to fix a certain wage represents a restriction on the employer's pre-existing right to pay less wages.

In practice, so-called third-party advice is now widely used. A third party (mediator) diagnoses the content and consequences of the contradictions. Contradictions are grouped. There are business and emotional contradictions. The mediator creates suitable conditions for conversation for people in conflict (if they agree to this). During the conversation, he addresses both parties in the same form and with equal intensity, creating an atmosphere of trust. Experience shows that a well-chosen mediator can quickly resolve a conflict where, without his efforts, a compromise between the parties would be completely impossible. In many countries, government agencies are used as mediators to help resolve conflicts between employers and workers.

To resolve disagreements, a number of other techniques can be identified: avoiding discussion of sensitive issues and smoothing out controversial ones. Creating a situation of “negotiations”, identifying a “zone of agreement”, defining the conflict, its means, forms of manifestation, participants (including or limiting the influence of those who are not directly affected by conflicts of relations).

Being the most important element of the mechanism of the social partnership system, 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, and strikes. All these methods today in Russia have a certain legal basis, and representatives of hired workers need to learn to effectively use these methods in order to protect the interests of workers.

It should be emphasized that there is no impassable line between negotiations and “forceful” methods: often “forceful” methods are used precisely to force the other side, employers, to sit down at the negotiating table, continue these negotiations or fulfill previously accepted agreements, reached during previous negotiations.

^

SELF-TEST QUESTIONS FOR SECTION III

2. What are the prerequisites for the emergence and development of social partnerships?

3. Describe trade unions as a subject of social partnership.

4. What is the role of the state in the formation and development of social partnership?

5. What is the importance of an entrepreneur (employer) in social partnership?

6. What is the mechanism of social partnership?

LITERATURE

2. Kiselev V.N., Smolkov V.G. Social partnership in Russia. -M., 1998.

3. Semigin G.Yu. Social partnership in modern world. - M., 1996.

4. Social partnership in the conditions of formation and development of market relations: Course of lectures. - M., 1997.

Managing the social development of an organization: a textbook Oksinoid Konstantin Eliasovich

Subjects and system of social partnership

It is important to distinguish social partnership like: 1) actual interaction or certain type social connection existing between entrepreneurs, employees and the state due to the objective positions they occupy social positions and statuses; 2) formal (official) mechanism or system of social and labor relations established by law.

In the first case the relevant population groups act as subjects of social partnership.

In the second- official bodies and institutions specially created in accordance with the procedure established by law, representing the interests of the parties - employers, employees and society.

Social partnership as a system, which has developed to date in the developed industrial countries of the West is most generally characterized by the term tripartism. Tripartism is a kind of social “triangle”, the “peaks” of which are state represented by the government, trade unions of employees And entrepreneurs' unions. Each of the named subjects of social partnership within this system performs its own special function.

Function of trade unions as an organized association of employees is to protect the legitimate rights and interests of workers. First of all, this manifests itself in various forms of counteraction to the intentions of entrepreneurs set the cost of labor below the limit that ensures its normal reproduction. This also includes efforts aimed at creating the conditions necessary to satisfy the complex of material and cultural needs of workers guaranteed by law. To do this, trade unions use various legal forms of control over the actions of entrepreneurs, government and regional authorities and expressing your demands. The main forms of their interaction with entrepreneurs and the government are dialogue and conclusion of the relevant agreements within the framework of the so-called tripartite commissions.

Now in Russia there are more than 200 different trade union organizations, created according to sectoral and partly ideological criteria. The most representative organization of trade unions in Russia is currently the Federation of Independent Trade Unions of Russia (FNPR), which inherited a significant part of the property and organizational and structural resources of Soviet trade unions.

Entrepreneurs are the second party (subject) of partnership relations. The main motive of their activity is to obtain maximum profit on their capital invested in a certain business. Relations between entrepreneurs and employees are objectively conflicting and contradictory in nature.. This is due to the fact that entrepreneurs, on the one hand, are interested in maximum reduction labor costs, and on the other – in maximum use labor potential of workers. The first interest makes them strive to reduce wages and compensation payments, the second is to find ways to increase the motivation of work efforts, including using the stimulating function of wages. Due to this circumstance, they are also interested in having a mechanism that ensures finding compromise with hired workers as the carrier and source of labor, as well as in social partnership as an instrument that ensures social peace. Today in Russia the interests of entrepreneurs are represented by Russian Union of Industrialists and Entrepreneurs and its regional branches, as well as the Association of Small and Medium Business Entrepreneurs.

State in the tripartism system is, in theory, a representative of the interests of society as a whole. However, in practice, the implementation of this idea occurs only to the extent that these interests correspond to the interests of specific political forces located in this moment in power and the corresponding social strata.

The actual nature of the state’s participation in social partnership is determined by which economic model it implements in practice.

Currently, two economic models can be distinguished as polar ones: liberal And socially oriented. They differ degree of state participation in economic management and accordingly the size of the obligations that it undertakes as a guarantor of the well-being of its citizens as a whole and individual social groups. In this case, special attention should be paid socially unprotected layers of citizens, i.e. those citizens who, according to various reasons, including due to lack of work, are deprived or limited in the ability to earn money and receive income that guarantees an acceptable the quality of life.

According to liberal model the state is almost removed from regulating the economy, giving maximum scope to the institutions of entrepreneurship, encouraging private initiative based on the principles of individualism, absolute autonomy of the individual and, consequently, on the idea of ​​self-education and self-extraction of the individual. In the liberal model, “saving a drowning person” in the boundless sea of ​​individual economic initiative is exclusively his own problem. Therefore, even in such a most developed and rich country In a world like the United States, beggars, homeless people and vagrants are not an exceptional phenomenon.

Implementation socially oriented model assumes maintaining the state's leading position in regulating the economy and taking responsibility for the implementation of effective social policy. In particular, the state actively implements such functions as management of healthcare, education, pensions, social protection.

Concept social state laid down in the Constitution of the Russian Federation. In Art. 7 (clause 1) directly states that “The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of people" There (clause 2) the main directions of the state’s responsibility to citizens are listed. This labor protection and health of people, establishment of a guaranteed minimum wage, ensuring state support family, motherhood, paternity and childhood, disabled people and elderly citizens, development of the social service system, establishment of state pensions, benefits and other guarantees of social protection. The social rights of citizens are reflected in detail in Art. 37–43 (see: Appendix 2).