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

Social partnership, the concept, principles, forms of its implementation are considered relatively new categories for Russia. However, despite this, constructive measures have already been taken to create the appropriate institutions. Let us further consider what constitute principles, forms, and a system of social partnership.

general characteristics

Social partnership, a concept, a system whose forms have received normative fixing, acts as the most effective way to resolve conflicts of interest arising from objective relations between employers and employees. It suggests a path of constructive interaction on the basis of treaties and agreements between enterprise managers and trade unions. The concept, levels, forms of social partnership form the basis for the ILO. This organization, on an equal footing, unites representatives of employers, employees and the state in most countries of the world. The key to improving the effectiveness of this structure is the consolidation, solidarity and unity of action of all trade unions, their bodies and members, expanding the scope of collective agreements, strengthening the responsibility of all participants in the interaction for the implementation of their obligations, as well as improving regulatory support.

The concept and forms of social partnership

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

The objects

Highlighting the forms and principles of social partnership, experts study the real socio-economic situation of different professional groups, communities and groups, their quality of life, possible and guaranteed ways to generate income. Equally important is the distribution of national wealth in accordance with the productivity of activities - both ongoing and ongoing. All these categories are objects of social partnership. It is associated with the formation and reproduction of a socially permissible and motivated system of inequalities. Its existence is determined by the division of labor, differences in the role and place of individual groups in general production.

Subjects

The basic principles and forms of social partnership exist in close connection with the participants in the relationship. The subjects of the workers should include:

1. Unions that are gradually losing their influence and have not taken a new place in the economic sphere.
2. Public associations. They arise from an independent workers' movement and are not related to pre-formed trade unions in either tradition or origin.
3. Semi-state entities. They serve as public administration departments at various levels.
4. Multifunctional movements, including hired workers, of a market-democratic orientation.

From employers in the social partnership involved:

1. Governing bodies of state enterprises. In the process of privatization, commercialization, corporatization, they become more and more independent and independent.
2. Managers and owners of private companies. From the very beginning of education, they operate autonomously from government agencies.
3. Socio-political movements of entrepreneurs, managers, industrialists.

From the side of the state, the subjects of social partnership are:

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

Institute education problems

The concept, levels, forms of social partnership, as mentioned above, are fixed by legal acts. It is worth noting that the formation of the entire institute is a rather complex and lengthy process. For many decades, many countries have moved towards the formation of a social partnership system as one of the key components of labor law. As for Russia, the process of establishing the institute was complicated by two circumstances. First of all, the country had no experience in using the system in the socialist period. Accordingly, there was no normative consolidation in the Labor Code, since the communist ideology denied the need to use it in management. Equally important were the high rates of destruction of the previously existing paradigm, the intensity of liberalization of social and industrial relations. These factors have led to a decrease in the role of the state in the world of work and, accordingly, to weakened citizens' protection. At present, it is difficult to find a subject who doubts the importance of social partnership as the most effective method of achieving public peace, maintaining a balance of interests of employers and workers, and ensuring stable development of the whole country as a whole.

State role

In the world practice of developing forms of social partnership, a special place is given to power. First of all, it is the state that has the authority to adopt laws and other normative acts that fix the rules and procedures that establish the legal status of entities. Along with this, the government should act as a mediator and guarantor in the course of resolving various conflicts between participants in relations. State bodies, in addition, assume the function of disseminating the most effective forms of social partnership. Meanwhile, the importance of state and local authorities should not be limited solely to the conviction of employers to take on real obligations related to property ownership, which are in line with the socio-economic tasks and goals of state policy and do not infringe on the interests of the country. At the same time, the authorities cannot depart from the implementation of control functions. Oversight of the implementation of a civilized social partnership on a democratic basis should be carried out by authorized state bodies.

Key points of the system

The state is committed to the development of legislation. In particular, the TC establishes the key principles of social partnership, determines the general direction and nature of the legal regulation of relations that take shape in the economic and production sphere. The institute under consideration is based on:

1. The equal rights of the parties.
2. Considering and respecting the interests of participants.
3. Assisting the state in strengthening and improving the system on a democratic basis.
4. Interests in the formation of contractual relations.
5. Compliance with the law in carrying out activities.
6. Powers of representatives of participants in a relationship.
7. Freedom of choice when discussing labor-related issues.
8. Voluntary commitment.
9. The reality of the terms of contracts and agreements.
10. Obligations of the implementation of established rules
11. Monitoring compliance with contracts, agreements.
12. Responsibility of participants and their representatives for failure to comply with the established conditions through their fault.
    

The main forms of social partnership

Mention of them is present in Art. 27 shopping mall. In accordance with the norm, forms of social partnership are:

1. Collective negotiations on the development of draft collective agreements / agreements and their conclusion.
2. Participation of representatives of employers and employees in pre-trial dispute resolution.
3. Mutual consultations on the problems of regulation of production and other relations directly related to them, ensuring guarantees of the rights of employees and improving industry legislative standards.
4. The participation of employees and their representatives in the management of the enterprise.

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

Pre-trial Conflict Resolution

Participation in it for employees and staff representatives has a number of features. Pre-trial resolution refers exclusively to individual disputes, since collective conflicts are not resolved in courts. When implementing this form of social partnership in the world of work, the rules of Art. 382-388 TC. These rules determine the procedure for creating a representative office of the participants in a relationship. The rules for the regulation of collective conflicts, except for the strike phase, are based on the principles of social partnership. Experts analyzing Art. 27, come to the conclusion that the norm contains an inaccuracy of interpretation. In particular, experts suggest changing the definition of the form of social partnership that provides for the settlement of conflicts, to the next - the participation of representatives of employers and staff in extra-judicial and pre-trial proceedings. In this case, the latter will indicate the possibility of resolving individual, and the former, collective disputes.

Category specifics

Normative forms of social partnership are first enshrined in the Law of the Leningrad Region. In it, these categories are defined as specific types of interaction of entities for the creation and implementation of a coordinated socio-economic and industrial-economic policy. In the explanations to the TC, the forms of social partnership are interpreted as ways of implementing the relationships of participants to regulate workers and other ties relating to them. Appropriate definitions are also present in regional laws.

Additional categories

When conducting an analysis of existing standards, experts indicate the possibility of supplementing Art. 27. In particular, according to experts, the forms of social partnership include:

1. Ensuring a socially-oriented policy of transformations in the economy, focused on the stabilization and growth of the domestic manufacturing sector.
2. Development, adoption and implementation of joint decisions.
3. Development of effective ways to regulate social and labor relations.
4. Joint activity of participants in commissions and other authorized structures.
5. Cooperation in the preparation and submission to the legislative assembly of the region of draft normative acts on social, economic and labor issues.
6. Determining the procedure for extending the provisions of contracts and agreements to employers who did not participate in their conclusion, who do not have collective documents, establish rules for their accession to these acts.
7. Assistance in the implementation of approved programs.
   

According to other experts, the above options have several disadvantages. First of all, there is the declarative nature of certain provisions, linking to structures that are authorized to implement them. Along with this, the forms of social partnership established in the legislation of the region, contribute to a significant expansion of opportunities for participants in relations, in comparison with Art. 27 shopping mall. Given in the norm as an exhaustive list, thus, it can be supplemented and specified by the Code itself and other normative acts. The corresponding reservation is present in the specified article. In particular, it says that forms of social partnership can be established by the legislation of the region, collective agreement / contract, local act of the enterprise.

Art. 26 shopping mall

The forms and levels of social partnership are the key links that make up the institution in question. The TC does not give clear definitions, but lists, classifications, and signs of elements are provided. So, in Art. 26 of the Code indicate the federal, sectoral, regional, territorial and local level. Analyzing the above categories, many experts indicate a violation of the logic of building the list. Experts explain their conclusion by the fact that it contains categories divided by independent classification criteria.

Territorial Criterion

Social partnership exists at the federal, municipal, regional and organizational levels. This list is not complete. In Art. 26 TC is not mentioned yet another - federal-district level. In May 2000, the President signed a decree on the formation of districts. In accordance with this act, representatives of the Head of State were appointed and representative offices were opened. Currently, all federal districts have signed 2 or 3-party agreements. They are necessary to create a single socio-economic space of the district, ensure the implementation of the needs of the population, the rights of able-bodied citizens, the development of social partnership, and so on.

Industry characteristic

The forms and levels of social partnership existing at the regional level are provided by a regulatory framework that corresponds to the local characteristics, historical and cultural traditions, etc. In the laws of the constituent entities of the Russian Federation, except as provided for in art. 26 TC, a special (target) stage is installed. At this level, the conclusion of professional relations.

Conclusion

Some experts suggest adding to Art. 26 shopping malls international and corporate level. However, the inclusion of the latter seems to be somewhat premature today. If we talk about the corporate level, then adding it to the existing list is currently impractical. This is directly determined by the nature of this step. At this level, organizational, sectoral, territorial and international signs of social partnership are combined. Moreover, the latter is implemented mainly in accordance with the provisions of the agreements concluded by the Russian Federation with other countries, taking into account the conflict of laws of labor law. To clarify the situation, experts suggest changing the interpretation of Art. 26. In their opinion, the article should indicate that the territorial level is part of the Russian Federation, determined in accordance with regulatory acts (Constitution, charters of municipalities and enterprises, government decrees, etc.). The functioning of the institute is carried out as a whole throughout the country, in districts, regions, in municipalities and directly at enterprises.