This is one of the inalienable rights of workers of various companies, enterprises, institutions, which is enshrined in the Labor Code of the Russian Federation. We are talking about the right to the participation of workers in the management of the organization. In the article we will consider the legislative regulation of this issue, the forms of management that are acceptable under the Labor Code. Let us analyze how exactly such participation takes place, how it affects the activities of the organization. We also pay attention to the formation of this kind of rights, which, first of all, is associated with the emergence of trade unions.
Legislative regulation
The participation of workers in the management of the organization is governed by Ch. 8 of the domestic Labor Code. She is all dedicated to this topic. In particular, this is Art. 52, 53 and 53.1.
The following is directly considered:
- The right to employee participation in the management of the organization.
- The main varieties of such participation.
- Participation of employee representatives in meetings of governing collegial bodies with deliberative vote.
Definition
Employee participation in managing an organization is one of the common forms of social partnership. As a rule, it is carried out by representative bodies of workers. The fact that this rule is enshrined in law in Russia is an important guarantee of the possibility of its implementation by the employees of any enterprise, institution, or company.
History
The first voluntary associations-organizations of workers appeared in the middle of the 18th century in England. Trade unions were created to represent workers and protect their rights in labor relations. Another goal of these organizations is to represent the social and economic interests of workers.
In Russia, the first representative organizations for the protection of workers' rights arose at the end of the 19th century. In the years 1875-1876. The South Russian Union of Workers was created in Odessa. Then similar organizations arose in Moscow and St. Petersburg.
In the USSR, the All-Union Central Council of Trade Unions (AUCCTU) was created in the summer of 1918. After the collapse of the Union in 1991, the AUCCTU was transformed into the General Confederation of Trade Unions.
Availability of rights
The right of employees to participate in the management of the organization is considered in two keys - narrow and broad.
In a narrow sense, this is the impact of workers of any organization through their own representative bodies on decisions made by employers. The right is limited by the scope of labor and collective legal relations.
In a broad sense, this right is realized within the framework of individual legal relations. Here it will consist of receiving information by individual workers from their employer, making proposals on their behalf to improve the organization of labor and production.
What is the right?
The right of employees to manage the organization also lies in the fact that they may require the employer to provide information on the following issues:
- Reorganization / liquidation of the organization.
- The introduction of various technological changes, which may entail a change in working conditions.
- Preparation of additional vocational education for workers.
- Other issues that are implied by the current Labor Code, federal laws, constituent documents of companies, a collective contract, local documents and agreements.
If we talk briefly about the forms of participation of workers in the management of the organization, then the representatives of the workers have the right to submit relevant proposals to the governing bodies of the organization on the above issues. They also have the right to participate in meetings devoted to the consideration of these issues.
Employer Responsibility
Next, we consider what are the forms of employee participation in managing the organization. To do this, you need to know what the employer must do to realize the right of its employees to manage the organization. This is providing information on the following issues:
- General working conditions, hiring, transfer and dismissal of workers.
- Responsibilities that are subject to execution in various positions, places of specific work in the structure of the organization.
- Opportunities for vocational training, as well as prospects for career advancement.
- General working conditions for all workers.
- Safety regulations, instructions for the prevention of occupational diseases and accidents during the performance of official duties.
- Procedures for handling complaints, the practice of making decisions on them, the rules for the application of such decisions, conditions that provide the authority to resort to them.
- Social and household services of the team. Something like: medical care, the provision of food, housing, recreation, conditions for storing their own savings, banking services to employees and so on.
- The system of social security and social assistance.
- The situation of national social security systems that apply to workers in this organization.
- General position of the organization of the employer in the economic system, prospects for its further development.
- An explanation of those decisions that may indirectly or directly affect the position of company employees.
- Consultations, discussions and other kinds of interactions between representatives of the administration and representatives of the work collective.
Forms of employee participation in managing the organization
What does Russian labor law prescribe here? The forms of employee participation in managing the organization are as follows:
- Taking into account the views of the representative organization of employees in cases that may be provided for by the Labor Code of the Russian Federation, a collective agreement and other local agreements.
- Conducting consultations with the employer by a representative association of workers on various issues of adoption of regulatory internal documents.
- Receiving information from employers on issues that directly affect the interests of workers.
- Discussion with the employer of questions on the activities of the company, making suggestions for improving its work.
- Discussion by representative bodies of workers of the plans for the economic and social development of the company.
- Participation in the development and adoption of a collective agreement.
- Participation of representatives from workers in meetings of governing collegial bodies with deliberative vote in accordance with the relevant provisions of the Labor Code, Russian federal laws, constituent documents of the organization, internal regulations, local documents of the enterprise, as well as collective agreements and agreements.
- Other ways of managing the organization on the part of employees. They are determined by the Labor Code of the Russian Federation, Federal Law, constituent documents of employers, local regulations, internal documentation.
Next, we consider the main forms of employee participation in managing the organization in more detail.
Trade union opinion
The Labor Code explicitly sets out the obligations of the employer to make separate decisions only when taking into account the views of the representative association of their workers. This basic form of employee participation in managing the organization is enshrined in Art. 8 Labor Code of the Russian Federation. In cases provided for by this Code, Federal Law, local acts of the company, the employer must take into account the opinion of the union when adopting regulatory internal acts.
This method of taking into account the views of the representative body of workers is enshrined in law, which is why it cannot be arbitrarily changed or canceled by employers. Hence, the requirements of trade unions are binding on employers. If the latter accept an internal act in violation of Art. 8 of the Labor Code of the Russian Federation, it will be called invalid.
The choice of such a measure of influence as taking into account the views of workers allows the most fully take into account the interests of each worker. And it is not the desire of employees to limit their employer in making decisions.
With regard to internal documents, this form of employee participation in the management of the organization (educational, industrial, commercial, etc.) can be reflected in the collective agreement. This document may limit the employer to the sole adoption of local regulations.
It should be noted that a collective agreement is a paper that should take into account the interests of two parties, the employer and the workers. Accordingly, it is valid if they both agree to the conditions specified in the document.
Thus, the adoption of a local regulatory act is not possible if the union expresses its motivated opinion. And only with the consent of this representative body - a written document indicating the opinion on the legality, necessity, and appropriateness of approving this act in this edition.
If such consent is not obtained, then under Part 4 of Art. 8 of the Labor Code, the normative internal document will not be binding on workers.
The employer does not have the right to accept local documents, the provisions of which contribute to the deterioration of the situation of his employees in comparison with the current Labor Code, the collective agreement.
The legislator makes it necessary to take into account the views of representative organizations of workers, but also makes it dependent on the following conditions:
- Decisions or acts, upon approval of which it is necessary to take into account the opinion of representative bodies, must contain the requirements of labor law. That is, create, modify or terminate labor relationships.
- Consideration of the opinions of professional representations is necessary only in specific cases, which the Labor Code of the Russian Federation suggests, local regulations or a collective agreement.
Consultation
The participation of workers in managing the organization of labor law is expressly provided. But at the same time, the employer is endowed with very broad rights to adopt internal administrative acts, which may affect the interests and rights of his workers. Trade unions and other representative bodies of employees should carefully consult with employers so that the acts adopted by the latter do not worsen the situation of workers stipulated by earlier documents.
If it was found that the rights of employees were violated under Art. 74 of the Labor Code, the representative body has full authority to appeal against the actions of the employer by contacting the labor inspectorate.
Forms of employee participation in the management of the organization (educational, social, industrial) also rely on other regulations, except for TC. In this case, it is the ILO Recommendation No. 94 "On consultations between employers and workers."
It clarifies that certain measures should be taken to facilitate the holding of such consultations as a form of cooperation between workers and employers. It addresses issues of interest to both sides.
The legislation also recommends the adoption of appropriate decisions that encourage both consultation and the creation of an atmosphere of mutual respect and cooperation between social partners.
If, after consultation with a representative association of employees, the parties did not come to an agreement, then the employer retains the right to adopt local regulations, and the union to appeal these decisions to the State Labor Inspectorate. Or, according to the law, initiate a labor dispute.
Obtaining Interested Information
Speaking, for example, about the participation of teachers in the management of an educational organization, it should be noted that such a right as receiving the full amount of data from the employer. Those that affect the interests and rights of the work collective. It is also important in the collective bargaining of labor relations.
If employees and their representatives do not have information about the further development of the organization, the introduction of new technologies and methods of production / operation / service, this affects the degree of their legal protection, as well as the content of collective agreements, the essence of negotiations with employers.
Workers should not forget that they have the right to demand that they provide this kind of information in order to exercise their own rights. Such a right consists in the fact that they can receive free and unhindered information both from their employers and from their associations and associations, state and municipal authorities on social and legal issues.
The timeliness of obtaining such data affects the development strategy of trade unions, their selection of priority vectors of activity, and so on. In the future, employee representatives should always strive to expand the list of issues for which the employer should provide information. In this endeavor, in addition to the Labor Code, they can also be guided by Recommendations No. 129 "On the Communication of Administration and Workers ..."
Discussion on development issues
The article on the participation of workers in the management of the organization also says that directly every worker can either offer the employer or his representative a proposal on improving the organization’s activities, implementing technological processes, and optimizing work.
The same authority can be exercised by representatives of workers on behalf of the whole team. In particular, this may relate to the prevention of mass layoffs, the organization of general staff training.
Discussion of economic and social development
It is important to clarify here that in essence such a discussion will not be social partnership. After all, it does not imply the participation of a second party - the employer or his representative.
Participation in the development of collective agreements
At its core, a collective agreement is a legal document in which (within the framework of an agreement of the parties) conditions can be entered that are beneficial for employees, determining benefits in relation to them, and methods for realizing workers' rights to manage the organization that are not fixed in labor legislation.
Collective bargaining agreements also prescribe lists of information provided by the employer. Cases in which management decisions and local regulations are adopted only upon the consent of the union are discussed.
Attending meetings
This right has been presented to the representative bodies of workers since August 2018. The right of representatives of workers to participate in meetings of collegial governing bodies with the right of an advisory vote is established by the constituent documents of the organization, internal regulations or other agreements.
At the same time, representatives from the workers are fully responsible for the disclosure of the official, commercial or state secret that has become known to them. The very fact that during the meeting representatives of the working group will become aware of such a secret cannot be a condition that impedes their participation in the event.
The decision on the appointment of plenipotentiaries from employees to participate in meetings is determined by the relevant protocol, which is sent to the head of the company.
In the Russian Federation, the participation of workers in managing the organization is reflected in a separate chapter in the Labor Code. We examined the main forms of such participation, their features.