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The concept of trade unions. Their tasks and functions

The functions of trade unions are the directions of their activity. The following target social guidelines (latent functions) that build the activity of the institute of trade unions are distinguished:

1. Integration of society, achievement of social peace. The contribution of trade unions to the institutionalization of social conflicts, primarily in the sphere of social and labor relations, to the introduction of them (conflicts) into the organizing channel, to the prevention of spontaneous, uncontrolled mass demonstrations is the most significant. Even such acute forms of industrial conflicts as strikes initiated by trade unions ultimately contribute to the integration of society, as they make it possible to better understand the position and interests of the opposing groups and find mutually acceptable solutions. On the whole, trade unions contribute more to uniting people than to dividing them, they prefer social peace to the war of "all against all" and do a lot in this direction in practice, acting as a social shock absorber between the opposing sides.

2. Creation of a civil society through the development of industrial democracy. Russian society until he can overcome authoritarian style relations between the holders of power (political and economic) and ordinary members of society. Moreover, this style is being tightened despite ongoing democratic reforms. An ordinary worker, a direct producer of goods and services, turned out to be an outside observer and an indifferent executor of managerial strategies, operational plans and tasks.

Trade unions make it possible to destroy the monopoly of economic power through such a form that has justified itself throughout the world as collective agreements and agreements. According to the agreements of the parties, part of the authority to regulate socio-economic processes is delegated to labor collectives, which, together with employers and administrators, begin to share responsibility for the nature of their course and the result. This fits in well with modern managerial concepts of participatory management. The development of self-governing principles in industrial life, assisted by trade unions, accelerates the process of creating a civil society.

3. Assistance in the formation of a welfare state. Trade unions played a significant role in the creation of social states in many countries, acting as persistent lobbyists in parliaments and governments to carry out various social programs, to give economies a socially oriented character. Through the mechanisms of control over the movement of large financial sums that are concentrated in social funds, through participation in the approval of the charters and regulations of these funds, through the consideration of drafts of various social programs and regulatory legal acts affecting social and labor relations, trade unions, if not directly, but indirectly contribute the establishment of a welfare state.

4. Preservation and development of the labor potential of society. This orienting goal is closest to trade unions, since their main activity takes place in the field of social labor. The positive impact of trade unions on the preservation and development of the labor potential of society is manifested in the implementation of their work in the following areas:

Increasing the level of wages, ensuring the reproduction of the labor potential of each individual employee and society as a whole;

Occupational safety, reduction of industrial injuries and occupational diseases;

Professional training of employees, including assistance to them in mastering the knowledge of the “market”;

Ensuring productive employment, preventing overexploitation, socially and economically unjustified and long-term unemployment.

5. Development of market relations, formation of the labor market. Trade unions under certain conditions can positively influence the development of the market by raising the price work force and thereby creating conditions not only for improving people's lives, but also for economic growth. While they work mainly in the primary market, in traditional production, the secondary market, with its instability and lack of guarantees, in essence, is not yet covered by trade union influence, especially in the sectors of semi-legal and illegal employment, but the fact that trade unions should become a strong player in this market is doubtful. is not subject to. Now the hired worker in these sectors is left face to face with the employer, who, being not bound by any restrictions, including moral ones, can do arbitrariness: pay low salaries, not to provide the necessary social conditions, to allow over-exploitation of the worker.

6. Adoption of humanistic values and developed labor morality in society. The accelerated movement of Russia towards the market has led to shifts in values, which are extremely painfully perceived by society. Collectivism is being replaced by individualism, relations of general commercialization replace the former relations of camaraderie and mutual assistance, the pursuit of profit becomes the main driving motive. Competition for jobs, positions, resources leads to alienation, separation of people, their mutual isolation. Trade unions, being public associations of working people, by their very nature are carriers of values that cannot be subject to devaluation. These are the values of honesty and conscientious work, fair distribution of the jointly produced product, collectivism, partnership, mutual assistance and others. For trade unions, the approval of these humanistic norms and norms of labor morality is one of the most important targets of activity.

Functions of trade unions

The functions of trade unions are the main directions of their activity. Since trade unions arose to protect the rights and interests of workers, therefore their main function is protective (the relationship "trade union - entrepreneurs"). The need to protect the rights and interests of workers in the labor sphere is especially relevant in the modern period, which has exposed socio-economic contradictions. Relations between trade unions and employers on social and labor issues are regulated labor law at all levels of social partnership relations, from production to the federal level, they use their protective function, as well as their second most important function - representing the interests of workers (mutual relations "trade union - state"). Some economists add to these two a third function, the economic one, concern for increasing the efficiency of production. In the legal literature, the following functions are distinguished: protective, industrial, educational, social, international.

For the effective implementation of these functions, the state assigned to the trade unions a number of rights and guarantees in rule-making, law enforcement and control over compliance with labor legislation and labor protection rules.

The protective function of trade unions is the activity of trade union bodies, as well as the labor and asset inspectorates under their jurisdiction, aimed at preventing violations and restoring violations of the rights and legitimate interests of workers in the labor sphere, as well as bringing to justice their violators.

The functions of employee representation are expressly enshrined in Art. 29 of the Labor Code of the Russian Federation, according to which the representatives of workers in social partnership are trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions. Federal Law of the Russian Federation "On trade unions, their rights and guarantees of activity" in Article 11 "The right of trade unions to represent and protect the social and labor rights and interests of workers" and in Article 1 these two most important functions of trade unions are combined with their respective rights.

The function of representation is associated with defending the interests of employees not at the firm level, but in state and public bodies. The purpose of the representation is to create additional benefits and services. But in addition to these two trade unions also carry out a cultural and educational function of educating their members in the spirit of patriotism and a political one of their participation in the elections of state authorities and local self-government bodies.

The implementation of the protective and representative functions of trade unions is facilitated by social regulation public relations that they enter into in the course of their activities. Relationships involving trade unions are usually regulated various types social norms- morals, traditions, etc.

However, legal regulation is also possible to ensure the representation and protection of the rights and legitimate interests of employees. The rights and obligations of trade unions in the sphere of labor constitute their legal status.

In addition to rights in the sphere of labor, trade unions have extensive rights in the sphere of other branches of law: the rights legal entity, ownership, participation in the management of state social funds, in the field of ecology, privatization, etc.

The rights and obligations of trade unions are closely linked. The legally fixed position of trade unions in the sphere of labor (labor-legal status) is a general measure of the legal possibilities of a given organization and its bodies in this area, serves as a source of subjective rights and obligations of trade union bodies in legal relations. As a basic category, it characterizes the limits of the legal possibilities of the activities of trade unions in this area, serves as a standard for the legitimacy of the actions of trade union bodies, the completeness of the exercise of the legal powers granted to them.

The activities of the trade unions are mainly regulated by the trade unions themselves as amateur public organizations with the help of intra-trade union norms adopted by the leading trade union bodies. Such norms are not of a legal nature and are contained in the charters of trade unions and their associations, and other trade union acts. Of the circle of social relations that trade unions enter into, only those whose regulation is objectively possible, economically, socially and politically necessary are subject to legal influence. The law contributes to the implementation of the tasks facing the trade unions, the fulfillment of their protective function.

In conditions of exacerbation competition Trade unions began to realize that the well-being of workers depends not only on the confrontation with the employers, but also on the growth of labor efficiency. Therefore, modern trade union organizations almost never resort to strikes, they actively participate in improving the professional training of their members and in improving production itself.

Fundamental rights of trade unions

Modern legislation allows trade unions to focus on the fulfillment of the main task - to represent and protect the socio-economic interests of workers, these rights characterize the relationship of trade unions with state and economic decision-making bodies in the sphere of labor. In relation to state and economic bodies, the exercise by trade unions of such powers is the exercise of their rights. But in relation to the workers, in whose name and in whose interests the trade unions act, it is their duty to exercise the powers of the trade unions. Therefore, the powers of trade unions are usually characterized as rights-duties: rights in relation to state and economic bodies and duties to workers.

The main rights and obligations of trade unions are listed in Ch. II of the Law of January 12, 1996 Trade unions submit proposals and express their opinion on draft legislative and other normative acts affecting the social and labor rights of workers. Systems of remuneration and labor standards are established by employers, taking into account the opinion of trade union bodies and are fixed in collective agreements.

Trade unions conduct collective negotiations and conclude collective agreements and agreements on behalf of workers, as well as exercise control over them. Trade unions have the right to participate in the settlement of collective labor disputes, in accordance with the law to carry out strikes and other collective actions. The relations of trade unions with state and economic bodies are built on the basis of social partnership. Trade unions, along with other social partners, participate in the management of state funds formed at the expense of insurance premiums (Articles 13, 14, 15 of the Law).

The powers of trade unions have different legal force. Legal force characterizes the degree of binding proposals of trade unions for state and economic bodies. Some powers are advisory in nature, such as, for example, the participation of trade unions in the consideration of draft legislative acts affecting the social and labor rights of workers. The relevant state bodies are obliged to request the opinion of the trade unions, listen to this opinion and discuss it, but the decision is made independently. Other powers of trade unions are of a parity nature: for example, collective agreements, agreements are adopted on a parity basis with trade union bodies.

The concept of trade unions. Their tasks and functions

A trade union is a voluntary public association of citizens connected by common industrial, professional interests in the nature of their activities, created for the purpose of representing and protecting their social and labor rights and interests. All trade unions enjoy equal rights.
Every person who has reached the age of 14 and is engaged in labor (professional) activities has the right, at his own discretion, to create trade unions to protect his interests, join them, engage in trade union activities and leave trade unions. Not only citizens can be members of Russian trade unions Russian Federation, residing both on the territory of Russia and outside its territory, but also foreign citizens and stateless persons residing on the territory of the Russian Federation, with the exception of cases established by federal laws or international treaties of the Russian Federation.
Trade unions can create their unions (associations) on a sectoral, territorial or other basis that takes into account professional specifics - all-Russian unions (associations) of trade unions, interregional and territorial unions (associations) of trade union organizations (Article 2 of the Law on Trade Unions).
The primary trade union organization unites members of trade unions, as a rule, of one enterprise, organization, regardless of the form of ownership and subordination, acts on the basis of a provision adopted in accordance with the charter, or on the basis of general position on the primary trade union organization of the respective trade union.
Trade unions are independent in their activities from executive authorities, local governments, the employer, their associations (unions, associations), political parties and other public associations, they are not accountable and not controlled. It is prohibited to interfere with the activities of state authorities, local self-government bodies and their officials in the activities of trade unions, which may lead to the restriction of the rights of trade unions or prevent the legal implementation of their statutory activities (Article 5 of the Law on Trade Unions).
Trade unions, their unions (associations) independently develop and approve their charters, their structure, and organize their activities. These acts regulate relations within the trade union itself with its members and trade union bodies. They are not sources of law, as it is an act of the public.
The legal personality of a trade union as a legal entity arises from the moment of their state (notifying) registration with the Ministry of Justice of the Russian Federation or its territorial body in the constituent entity of the Russian Federation at the location of the relevant trade union body. But trade unions have the right not to register, in which case they do not acquire the rights of a legal entity (Article 8 of the Law on Trade Unions). It is prohibited to condition the hiring, promotion, and dismissal of a person by belonging or not belonging to a trade union.
Reorganization or termination of the activities of a trade union or a primary trade union organization can be carried out only by decision of their members in the manner determined by the charter of the trade union, the regulation on the primary trade union organization, and their liquidation as a legal entity in accordance with federal law.
If the activity of a trade union is contrary to the Constitution of the Russian Federation, the Constitutions (charters) of the constituent entities of the Federation, federal laws, it may be suspended for up to six months or prohibited by decision Supreme Court of the Russian Federation or the corresponding court of the subject of the Federation upon the application of the Prosecutor General of the Russian Federation, the prosecutor of the corresponding subject of the Federation. Suspension or prohibition of the activities of the trade union by decision of any other bodies is not allowed.
Thus, trade unions are political system societies as a specific public organization with its tasks and functions determined by their charters. The main tasks of trade unions are related to the implementation of their functions - the protection of the rights and interests of workers in the sphere of labor and other directly related relations.
The functions of trade unions are the directions of their activity. Since trade unions arose to protect the rights and interests of workers, therefore their main function is protective. The need to protect the rights and interests of workers in the labor sphere is especially relevant in the modern period, which has exposed socio-economic contradictions. The relations of trade unions with employers on social and labor issues are regulated by labor legislation at all levels of social partnership relations, from production to the federal level, while using their protective function, as well as their second most important function - representing the interests of workers. For the effective implementation of these functions, the state assigned to the trade unions a number of rights and guarantees in rule-making, law enforcement and control over compliance with labor legislation and labor protection rules.
The protective function of trade unions is the activity of trade union bodies, as well as the labor and asset inspectorates under their jurisdiction, aimed at preventing violations and restoring violations of the rights and legitimate interests of workers in the labor sphere, as well as bringing to justice their violators.
The functions of employee representation are expressly enshrined in Art. 29 of the Labor Code of the Russian Federation, according to which the representatives of workers in social partnership are trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions. Federal Law of the Russian Federation "On trade unions, their rights and guarantees of activity" in Art. 11 “The right of trade unions to represent and protect the social and labor rights and interests of workers” and Art. 1 combines these two essential functions of trade unions with their respective rights.
But in addition to these two trade unions also carry out a cultural and educational function of educating their members in the spirit of patriotism and a political one of their participation in the elections of state authorities and local self-government bodies.
The implementation of the protective and representative functions of trade unions is facilitated by the social regulation of social relations that they enter into in the course of their activities. Relations with the participation of trade unions, as a rule, are regulated by various types of social norms - morality, traditions, etc.
However, legal regulation is also possible to ensure the representation and protection of the rights and legitimate interests of employees.
limits legal regulation relations with the participation of trade unions depend on the state of social relations, the degree of their development, the socio-economic and political conditions in which they develop.

Functions of trade unions

The functions of trade unions are the main directions of their activity. Since trade unions arose to protect the rights and interests of workers, therefore their main function is protective (the relationship "trade union - entrepreneurs"). The need to protect the rights and interests of workers in the labor sphere is especially relevant in the modern period, which has exposed socio-economic contradictions. The relations of trade unions with employers on social and labor issues are regulated by labor legislation at all levels of social partnership relations, from production to the federal level, while using their protective function, as well as their second most important function - representing the interests of workers (the relationship "trade union - state"). Some economists add to these two a third function, the economic one, concern for increasing the efficiency of production. In the legal literature, the following functions are distinguished: protective, industrial, educational, social, international.

The functions of employee representation are expressly enshrined in Art. 29 of the Labor Code of the Russian Federation, according to which the representatives of workers in social partnership are trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions. Federal Law of the Russian Federation "On trade unions, their rights and guarantees of activity" in Art. 11 "The right of trade unions to represent and protect the social and labor rights and interests of workers" and in Art. 1 combines these two essential functions of trade unions with their respective rights.

The implementation of the protective and representative functions of trade unions is facilitated by the social regulation of social relations that they enter into in the course of their activities. Relations with the participation of trade unions, as a rule, are regulated by various types of social norms - morality, traditions, etc.

In addition to rights in the sphere of labor, trade unions have extensive rights in the field of operation of other branches of law: the rights of a legal entity, the right of ownership, participation in the management of state social funds, in the field of ecology, privatization, etc.

The activities of the trade unions are regulated mainly by themselves as amateur public organizations with the help of intra-trade union norms adopted by the leading trade union bodies. Such norms are not of a legal nature and are contained in the charters of trade unions and their associations, and other trade union acts. Of the circle of social relations that trade unions enter into, only those whose regulation is objectively possible, economically, socially and politically necessary are subject to legal influence. The law contributes to the implementation of the tasks facing the trade unions, the fulfillment of their protective function.

Under conditions of intensified competition, trade unions began to realize that the well-being of workers depends not only on the confrontation with employers, but also on the growth of labor efficiency. Therefore, modern trade union organizations almost never resort to strikes, they actively participate in improving the professional training of their members and in improving production itself.

Fundamental rights of trade unions

Trade unions conduct collective negotiations and conclude collective agreements and agreements on behalf of workers, as well as exercise control over them. Trade unions have the right to participate in the settlement of collective labor disputes, in accordance with the law to hold strikes and other collective actions. The relations of trade unions with state and economic bodies are built on the basis of social partnership. Trade unions, along with other social partners, participate in the management of state funds formed at the expense of insurance premiums (Articles 13, 14, 15 of the Law).

Nesterov A.K. The role of trade unions // Encyclopedia of the Nesterovs

Today, the institution of social partnership in Russia has become one of the leading institutions of civil society. The authorities pay great attention to establishing long-term partnerships and developing a constructive social dialogue with entrepreneurs and trade unions. Therefore, the role of trade unions cannot be underestimated, and the majority of socially responsible enterprises, which are the leading companies in Russia, are already orienting their activities towards interaction with trade unions.

The concept and essence of trade unions

union- This is a voluntary public association of citizens connected by common industrial, professional interests by the nature of their activities, created in order to represent and protect their social and labor rights and interests.

Trade unions represent and protect the rights of workers in labor relations with employers, provide assistance in protecting social economic interests union members. Due to the activities of trade unions, a broad representation of the interests of workers is achieved.

Relations between trade unions and entrepreneurs are built on the basis of a collective agreement. The collective agreement includes not only the main aspects of labor relations, which include the level of wages, payment overtime hours, holidays, insurance premiums, but also social issues. The social component of the collective agreement includes employment guarantees, the procedure for determining the length of service, the criteria for forced layoffs, procedures for resolving emerging labor disputes, etc. In addition, the collective agreement also includes guarantees of working conditions: the protection and safety of the workplace, the possibility of refusing overtime, compliance with safety and labor protection measures at the enterprise as a whole, etc.

Trade unions are associations of workers that have the right to negotiate with the employer on behalf and on behalf of their members. Trade union activities proceeds from the fact that the goal of the trade union movement is to maximize wages, improve working conditions and increase employment. Trade unions represent the interests of employees in the modern model of social partnership.

The essence of trade unions describe various economic models. Currently, the most relevant model is one in which unions are seen as a seller offering services to protect the economic interests of workers, while workers are buyers of these services. The model is based on the existence of supply and demand for services to protect the economic interests of workers. Thus, relations between the trade union and its members are economic, built on market conditions.

Trade unions in their actions are guided by integrated system factors:

hired labor gives rise to contradictions between employees and entrepreneurs in the field of labor organization, its protection, remuneration and social guarantees for employees;
satisfaction of the economic interests of workers can be achieved more effectively as a result of joint actions;
workers need to be united in trade union organizations to realize their legal rights and protection of interests;
the solution of socio-economic problems in the field of labor relations is possible only with the assistance of the state.

Based on these factors, trade union organizations protect the economic freedom and interests of each employee, and also ensure that the objective inequality that exists in economic system between employee and entrepreneur.

Union principles

Correspond to the principles of social partnership:

Trade unions achieve economic growth through the systematic implementation of these principles. At the same time, the understanding of the employees who are members of this trade union, the goals of employers, the degree and quality of the use of the qualifications of workers at the enterprise, as well as the degree of satisfaction of workers with working conditions, largely depends on the policy of the trade union. If we continue the logical chain, then the effectiveness of trade unions also depends on the activities economic activity enterprises, their competitiveness in the market, therefore, trade unions determine the future of both workers and the employer.

At the same time, trade union organizations have various means at their disposal to achieve the economic interests of employees:

meetings, rallies, demonstrations - actions of collective protest;
statements, appeals, petitions - expression of dissatisfaction of trade unions with specific issues or problems;
strikes are a last resort effective way putting pressure on entrepreneurs;
collective bargaining is a targeted means of achieving the tasks set by the trade union.

It should be noted that sometimes the first three means are just a way to start collective bargaining. This is due to the fact that the employer is not always willing to enter into negotiations with employees, but most significant successes Trade unions have been and are being achieved precisely in the process of collective bargaining.

Union principles

Being smart means that the unions have specific goals when they start collective action, while remaining willing to make reasonable compromises if the basic requirements are met.

Solidarity is interpreted as the unity of the majority of workers, consciousness and discipline of all members of the trade union. In many ways, this principle increases the chances of achieving the goals of trade unions in confrontation with employers for the interests of workers.

Legitimacy means that the trade unions refuse illegal strikes and spontaneous actions. In general, the trade unions always try to prevent discrediting the trade union movement as a whole.

Glasnost is an important instrument of trade unions, drawing public attention to the problems of workers, they have a positive impact on public opinion by widely informing the public about the conflict and workers' demands.

Trade union goals

Currently, the activities of trade unions can be assessed according to two criteria:

1. The level of wages of unionized workers;

2. The level of employment of members of the trade union.

Accordingly, achievement two main goals of trade unions, increase in wages and employment levels, can vary significantly between different unions. At the same time, economic science has not yet developed a unified opinion or methodology for determining to what extent it is possible to sacrifice the level of wages to increase the employment of trade union members and vice versa. Economic theory shows that it is pointless to try to achieve an infinite increase in wages, since this will inevitably lead to a decrease in the level of employment down to zero. The practice of economic relations shows that the desire for an unlimited increase in wages is found as the main and only goal of the trade union, enshrined in its documents. This is true for those cases when entrepreneurs in a crisis in the economic activity of their enterprise follow the principle of reducing those employees who have less work experience.

At the same time, three main conditions for wage growth opportunities at the macro level remain unchanged for many years and are one of the fundamental factors in the development of the economic system:

Increasing demand for labor
Reducing the supply of labor
Implementation of the monopoly power of the trade union.

Accordingly, if these conditions are not met, trade unions can seek wage increases using various methods of interaction with employers and the state.

At the same time, the main goals of trade unions have been achieved in most countries:

Trade unions have broad rights.
Employees are guaranteed a minimum wage, 8-hour working day, 40-hour working week, overtime pay.

The role of trade unions in the model of social partnership

The classical scheme of the social partnership system is as follows: the interests of workers are represented by trade unions and associations, and the interests of employers are expressed by unions of entrepreneurs, industrial formations, etc. As a result, a situation is reached in which the interests of both groups are balanced.

In the so-called tripartist variant of social partnership, the third direct participant in the process of coordinating interests is the state and government institutions. At the same time, the state is also the guarantor of the implementation of the adopted agreements.

Coordination of interests is achieved through the negotiation process. This is the easiest way to solve common problems for the benefit of all involved. In the course of coordination and negotiations, the parties agree on conditions and social guarantees that will suit all participants.

Thus,

Social partnership is a system of institutions and mechanisms for coordinating interests based on equal cooperation.

Subjects of social partnership: society, entrepreneurs, state. Institutions representing the interests of subjects of social partnership: trade unions, associations of entrepreneurs, government and authorities.

The role of trade unions is manifested in the representation and protection of the interests of employees in the socio-economic sphere: conditions and remuneration, employment, decision social problems. Trade unions represent the socio-economic, social and labor relations of employees in the labor market, while they protect the interests of a particular person as a carrier of the labor force.

There are three main models of social partnership, depending on the role of trade unions and the level of their participation in representing the interests of workers in the framework of social partnership.

The model of trade union representation is characterized by the fact that trade unions are legislatively approved representatives of workers. At the same time, trade unions often represent the part of workers who are not members of trade unions. This model of social partnership has been most developed in the USA, Canada, Japan, Great Britain, Ireland and other countries. Depending on the conditions in which trade unions operate, two forms are distinguished, when trade unions are focused on cooperation with the authorities, and when trade unions are aimed at conflict with state power. The second form is typical, for example, for situations where trade unions take tough actions, strikes, protests, etc. require significant improvements in working conditions and wages.

The model of pure representation is distinguished by the transfer of functions of trade unions to labor committees, which fulfill the role of trade unions. They are negotiating with the employer, while the role of such committees is advisory and informational, and the degree of consideration of the opinion of the labor committee is determined in the collective agreement. This model is used in Spain, Greece, Portugal and some other countries. In fact, the traditional role of trade unions within this model is absent, and at the level of each enterprise, its own small trade union is created, which does not have significant opportunities to influence entrepreneurs.

The model of mixed representation is distinguished by the fact that the committees elected by labor collective also includes representatives of the employer. Here, the powers of the committee are broader, since the committee can participate in decision-making by consensus. The Committee plays the role of a trade union to a greater extent, making decisions on a wide range of issues: work schedule, labor protection, working conditions, working hours. However, this is specifically stipulated by legislation or a collective agreement. This model is used in France, Belgium, Denmark, Ireland and a number of other countries.

Depending on the level of negotiation processes in which trade unions are involved, there are three main models.

The first model is typical for the Nordic countries: Sweden, Finland, Norway, Belgium. Within the framework of the model, there is active state intervention in labor relations and strict regulation of accepted norms. This model is characterized by a three-level system of social partnership: the national level, sectoral and the level of individual enterprises. For example, in Belgium there is a National Labor Council at the national level, which includes members from each of the three parties to the social partnership. At the same time, the state also assumes a legislative function. At the sectoral level, there are parity commissions involved in the formation of sectoral standards for social partnership. At the level of the enterprise, social partnership develops on the basis of a dialogue between entrepreneurs and trade unions under the control of the state regarding the legality of the actions taken.

The second model of social partnership is typical for the USA, Canada, Japan and a number of Latin American countries. The model limits the role of trade unions to the conclusion of collective agreements at the level of individual companies and is distinguished by a single-level system of social partnership. Within the framework of this model, trade unions and entrepreneurs try to influence the legislative process by nominating their representatives to legislative and government positions and lobbying for certain regulations. Thus, through such an indirect process, the influence and regulation of relations within the framework of social partnership is carried out.

The third model of social partnership is most characteristic and developed in the countries of Central Europe, for example, in Germany and Austria. In fact, this model is a kind of intermediate option between the first and second models of social partnership. The main focus of the tripartite social partnership is expressed at the sectoral level, and the national level differs in that a kind of mutual consultations of the three parties are held, which are not mandatory. At the same time, collective agreements are not concluded in companies, and enterprises are guided by the accepted industry principles of social partnership. The role of trade unions in this model is also manifested in the assessment of compliance with sectoral principles. Separately, it is necessary to single out an exemplary agreement, which is one of the forms for implementing such a model. Such an agreement is formed and concluded in a separate industry, and then becomes a kind of benchmark for other industries. For example, JG Metall held a dominant position in German industry, which subsequently led to the fact that its partnership agreement serves as a model for other large and medium-sized companies in German industry. In Austria, social partnership is implemented through a wide network of advisory boards and committees, parity commissions, both at the national and sectoral levels. This model is also widely used in Holland and Switzerland. In the Netherlands, there are more than 200 industry agreements that apply to most companies and their employees, and in Switzerland, in addition to industry agreements, there are also regional agreements.

According to the criterion of the role of trade unions in representing the interests of workers within the framework of social partnership, a model of trade union representation has developed in Russia. At the same time, according to the criterion of the level of negotiation processes, Russia at this stage of development is not characterized by any one model of social partnership. The existing elements of social partnership correspond to both the three-level system of social partnership and the one-level system. At the same time, there is no strong influence of trade unions, but the influence of state and municipal authorities is much higher, compared with foreign countries. At present, in Russia, the most prosperous in terms of coverage by industry agreements and collective agreements are the coal mining industry (100%), the mining and metallurgical industry (98.7%) and oil and gas industry(97.8%), as well as the electricity industry (85%), where the positions of trade unions are traditionally strong.

Literature

Federal Law No. 10-FZ of January 12, 1996 "On trade unions, their rights and guarantees of activity"