Social partnership in the field of labor relations. Social partnership in the sphere of labor

forms of social partnership

The concept of social partnership is defined in Art. 23 of the Labor Code of the Russian Federation, from which it follows that social partnership is a system of relationships between employees (representatives of employees), employers (representatives of employers), state authorities, local governments, aimed at ensuring the coordination of the interests of employees and employers on regulatory issues labor relations and other directly related relationships.

The Law of the Russian Federation "On Collective Contracts and Agreements" 1 for the first time recognized the social partnership of workers and employers in the sphere of labor, regulated social partnership agreements, but did not disclose the concept of social partnership.

In legal science, social partnership was considered in different ways:

• 1) as a method labor law;
• 2) as a principle of labor law;
• 3) as an element of the industry, etc.

The current Labor Code of the Russian Federation in Art. 2 calls social partnership one of the main principles legal regulation labor relations and other directly related relations.

The concept of social partnership, based on negotiations, mediation, cooperation, should play a decisive role in the formation market economy. Many subjects of the Russian Federation, in particular Saratov, Vologda, Sverdlovsk region, Republic of Mordovia, Stavropol Territory, Moscow, adopted their own laws on social partnership.

The system of social partnership should function at all levels of the economy - from the federal to the level of a single organization.

The social partnership system includes six levels:

federal level, which establishes the basis for regulating relations in the sphere of labor in Russian Federation.

Interregional level, which establishes the basis for regulating relations in the sphere of labor in two or more constituent entities of the Russian Federation.

regional level, which establishes the foundations for regulating relations in the sphere of labor in the constituent entity of the Russian Federation.

industry level, which establishes the basis for regulating relations in the sphere of labor in the industry (sectors).

territorial level, which establishes the basis for regulating relations in the sphere of labor in the municipality.

local level, which establishes the obligations of employees and the employer in the field of work.

Social partnership as an independent institution of labor law has its own principles that do not contradict the basic principles of legal regulation of labor relations, but develop them in relation to this institution.

In Art. 24 of the Labor Code of the Russian Federation establishes the basic principles of social partnership, i.e. its main guiding principles.

The main principles of social partnership are:

• equality of the parties;
• respect and consideration of the interests of the parties;
• the interest of the parties in participating in contractual relations;
• state assistance in strengthening and developing social partnership on a democratic basis;
• compliance by the parties and their representatives with laws and other regulatory legal acts;
• the authority of the representatives of the parties;
• freedom of choice when discussing issues within the scope of labor and related relations;
• voluntariness of acceptance of obligations by the parties;
• the reality of ensuring the obligations assumed;
• the obligation to fulfill the obligations assumed;
• control over the implementation of adopted collective agreements and agreements;
• responsibility of the parties, their representatives for non-fulfillment through their fault of collective agreements, agreements.

Social partnership is carried out in the following organizational forms:

• 1) collective negotiations on the preparation of draft collective agreements, agreements and their conclusion;
• 2) mutual consultations (negotiations) on the issues of regulation of labor relations and other relations directly related to them to ensure guarantees of labor rights of employees and improvement of labor legislation;
• 3) participation of employees, their representatives in the management of the organization;
• 4) participation of representatives of employees and employers in pre-trial resolution labor disputes.

As legal forms partnerships are collective agreements and agreements. Other legal forms are also possible.

The parties to the social partnership are employees and employers represented by authorized persons in due course representatives.

State authorities and local governments may be parties to a social partnership in cases where they act as employers or their representatives authorized to be represented by legislation or employers, as well as in cases provided for by federal laws.

Employee representatives in social partnership are trade unions and their associations or other representatives elected by employees.

Employer representatives when conducting collective bargaining, concluding or amending a collective agreement, the head of the organization or persons authorized by law, constituent documents or local regulations are involved.

To ensure the regulation of social and labor relations, conduct collective bargaining and prepare drafts of a collective agreement, agreements, conclusion and organization of control over their implementation at all levels on an equal basis, by decision of the parties, commissions are created from their representatives.

At the federal level, a permanent Russian tripartite commission for the regulation of social and labor relations is formed, the activities of which are carried out in accordance with the Federal Law “On the Russian tripartite commission for the regulation of social and labor relations” 1 .

Similar commissions can be formed both in the constituent entities of the Russian Federation and at the sectoral level. At the level of the organization, a commission is formed to conduct collective negotiations, to prepare a draft collective agreement and conclude it.

The procedure for conducting collective bargaining is regulated in detail by Ch. 6 of the Labor Code of the Russian Federation.

The initiative to conduct negotiations can be shown by both representatives of employees and representatives of employers. Representatives of the party who received notice in writing with a proposal to start collective bargaining are obliged to enter into negotiations within seven days from the date of receipt of the notification.

Participants in collective bargaining are free to choose issues of regulation of social and labor relations. The parties must provide each other no later than two weeks from the date of receipt of the relevant request with the information they have that is necessary for negotiating.

The terms, place and procedure for conducting collective bargaining are determined by the representatives of the parties participating in the collective bargaining.

Negotiations end with the creation of a draft collective agreement or agreement. If in the course of collective negotiations an agreed decision is not made on all or certain issues, then a protocol of disagreements is drawn up, in which the proposals of the parties to eliminate disagreements and the term for resuming negotiations are entered. After that, within three days, the parties form a working commission, which receives a protocol of disagreements to resolve the dispute. This commission may also be entrusted with monitoring the fulfillment of the terms of the collective agreement or agreement.

In the process of collective bargaining, trade unions can hold meetings, rallies, pickets, demonstrations in support of their demands outside working hours without violating production activities and legislation.

Participants of collective bargaining are provided with the following guarantees and compensations:

• 1) they are released from their main job with the preservation of average earnings for a period determined by agreement of the parties, but not more than three months during the year;
• 2) representatives of employees participating in collective bargaining, during the period of their conduct, cannot, without the prior consent of the body that authorized them to represent, be subject to disciplinary action, transferred to another job or dismissed at the initiative of the employer without the fault of the employee.

It is not allowed to conduct collective bargaining on behalf of employees by persons representing employers.

The moment of the end of collective bargaining is the moment of signing the collective agreement, agreement, protocol of disagreements that arose during the negotiations.

Social partnership in the field labor- system relations between employees (representatives of employees), employers (representatives of employers), state authorities, local self-government bodies, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them.

In other words, social partnership is a set of ways in which employees and their representatives, public authorities and local self-government bodies coordinate the interests of employees and employers on the regulation of labor and other relations directly related to them.

The parties (subjects) of social partnership should be understood as persons whose interests are coordinated in the course of partnership relations.

Based on this provision, the parties to social partnership are workers and employers , as well as state authorities and local governments.

The parties to the social partnership participate in specific relationships through their representatives.

The Labor Code of the Russian Federation provides that representatives of employees in a social partnership may be:

trade unions; associations of trade unions; other trade union organizations provided for by the charters of all-Russian, interregional trade unions; other representatives elected by employees (council, committee, commission, body of public amateur performance).

Representatives of the employer are: the head of the organization; employer - individual entrepreneur (personally); persons authorized by him - associations of employers.

Legislated and principles of social partnership - fundamental provisions that determine the nature and general direction of the legal regulation of relations emerging in the implementation of social dialogue between employees, employers, public authorities, local governments (Article 24 of the Labor Code of the Russian Federation) .

In the first place among the principles of social partnership are named:

- equality of the parties those. workers and employers. They enjoy equal rights: to be the initiators of collective negotiations, to make proposals on the content of agreements and collective agreements, etc.;

- respect and consideration of the interests of the parties of social partnership- the basis for success in reaching agreement on the issues under discussion;

- interest of the parties in participation in contractual relations - the mutual interest of the employer and employees in developing, on the basis of negotiations and agreement, the most optimal ways to improve the organization's activities, increase labor productivity, product quality, its competitiveness in the market of goods and services allows for the growth of the organization's income and wages workers;

- state assistance in strengthening and developing social partnership on a democratic basis- the principle and, at the same time, the condition for the wider use of social partnership relations for solving the two-pronged task of raising production and improving the well-being of the working people;

- observance by the parties and their representatives of labor legislation and other regulatory legal acts containing labor law norms- a pledge of legality in social partnership relations and is ensured by the establishment of legal liability of the parties to social partnership;

- powers of representatives of the parties - ensured by compliance with the procedure established for the selection (determination) of representatives and for vesting them with the relevant rights and obligations (powers) (Articles 29-34 of the Labor Code);

-freedom of choice when discussing issues included in the sphere of labor, as the principle of social partnership means the opportunity for each party to raise their own questions, propose solutions that they would like to discuss through consultations, negotiations and which they seek to reflect in an agreement, a collective agreement;

- voluntary acceptance of obligations by the parties expresses the essence of social partnership, which consists in the consent of each party to assume such obligations that it is able to fulfill, taking into account all the circumstances and conditions prevailing in the organization.

- obligatory fulfillment of collective agreements, agreements- the principle of social partnership, the non-compliance with which deprives the meaning of the provisions included in the collective agreement, agreement;

- control over the implementation of adopted collective agreements, agreements- it is necessary for timely identification and elimination of the reasons why the obligations included in the collective agreement, the agreement are not fulfilled;

- responsibility of the parties and their representatives for non-fulfillment through their fault of collective agreements, agreements- for non-fulfillment of the collective agreement, the agreement provides for legal liability (Article 55 of the Labor Code of the Russian Federation; Article 5.31 of the Code of Administrative Offenses of the Russian Federation; Article 145 note 1 of the Criminal Code of the Russian Federation).

The value of social partnership lies in the fact that it:
a) in labor law, it is a method of legal regulation of labor, which serves to resolve conflicts of interests of employees and employers, state bodies;
b) is designed to establish relationships between employees and employers in accordance with the forms and principles provided for by the Labor Code of the Russian Federation. The development of the institution of social partnership plays an important role in the activities of the employment service of the Russian Federation.
Levels, forms and bodies of social partnership.

The system of relations between the parties of social partnership includes the following levels:

- federal level establishing the basis for regulating relations in the sphere of labor in the Russian Federation;

- the interregional level, which establishes the basis for regulating relations in the sphere of labor in two or more constituent entities of the Russian Federation;

- regional level establishing the basis for regulating relations in the sphere of labor in a constituent entity of the Russian Federation;

- industry level establishing the basis for regulating relations in the sphere of labor in the industry (sectors);

- territorial level establishing the basis for regulating relations in the sphere of labor in the municipality;

- local level that establishes the obligations of employees and employers in the field of work (Article 26 of the Labor Code of the Russian Federation).

The legislation does not contain a definition of the concept of social bodies. However, ch. 5 of the Labor Code of the Russian Federation is called "Bodies of social partnership".

To the bodies of social partnershipinclude all permanent bodies consisting of representatives of the subjects of social partnership, both on a bilateral and tripartite basis, designed to regulate labor and directly related relations.

Bodies of social partnership can be subdivided into bodies of general competence and specialized ones.

Bodies of general competence are tripartite and bilateral commissions for the regulation of social and labor relations. These commissions are created to conduct collective negotiations and prepare draft collective agreements, agreements, for their conclusion and control over their implementation at various levels.

At the federal level a permanent tripartite commission is formed, working on the basis of the Federal Law of "On the Russian tripartite commission for the regulation of social and labor relations" 1.05. 1999 No. 92 - FZ.

On regional activity commissions is carried out on the basis of the laws of the constituent entities of the Russian Federation. In particular, in the Krasnodar Territory, these legal relations are regulated by the Law of the Krasnodar Territory "On the Krasnodar Regional Tripartite Commission for the Regulation of Social and Labor Relations" dated May 7, 1998. No. 129-KZ.

At the territorial level tripartite commissions are formed to regulate social and labor relations, whose activities are carried out in accordance with the laws of the subjects of the Russian Federation, the regulations on these commissions, approved by the representative bodies of local self-government.

Industry (intersectoral) tripartite commissions can be formed both at the federal, interregional, regional and territorial levels of social partnership.

At the local level(with a specific employer) a commission is formed for conducting collective bargaining, preparing a draft collective agreement and concluding it (Article 35 of the Labor Code of the Russian Federation).

The specialized bodies of social partnership include:

Coordinating Committees for the Promotion of Employment of the Population (Article 20 of the Law on Employment in the Russian Federation of April 19, 1991 No. 1032-1);

Joint committees (commissions) for labor protection (Article 218 of the Labor Code of the Russian Federation);

Commissions on labor disputes (Article 384 of the Labor Code of the Russian Federation).

Social partnership is implemented in various forms.

Forms of social partnership are ways of implementing social partnership, specific types of interaction between its parties for the purpose of coordinated regulation of labor and other relations directly related to them.

The main forms of social partnership are listed in Art. 27 of the Labor Code of the Russian Federation. Social partnership is carried out in the following forms: 1. collective negotiations on the preparation of draft collective agreements, agreements and the conclusion of collective agreements, agreements; 2. mutual consultations (negotiations) on the regulation of labor relations and other directly related relations, ensuring guarantees of labor rights of improvement of labor legislation and other regulatory legal acts containing labor law norms; 3. participation of employees and their representatives in the management of the organization; 4. participation of representatives of employees and employers in resolving labor disputes.

11. Collective agreement: concept, parties, content, structure. The procedure for developing, concluding, amending and supplementing a collective agreement.

According to Art. 40 of the Labor Code of the Russian Federation collective agreement - a legal act regulating social and labor relations in an organization or individual entrepreneur and concluded by employees and the employer represented by their representatives. The parties to the collective agreement are the employer and employees of the enterprise as a whole or individual units.

According to current legislation the content of the collective agreement is the conditions (provisions) agreed upon by the party, designed to regulate social and labor relations with a particular employer.

Organizations form the structure of the collective agreement themselves. As a rule, it consists of sections (chapters), which, in turn, are divided into paragraphs and, if necessary, subparagraphs.

Art. 41 of the Labor Code of the Russian Federation gives an approximate list of issues on which mutual obligations of the parties may be included in the contract. This list is not exhaustive and is indicative. These may include the following obligations:

Form, system and amount of remuneration and other monetary payments;

Wage indexation mechanism;

Employment and conditions for the release of workers;

Working hours and rest time;

When implementing collective bargaining regulation, it is necessary to observe General requirements to the content of the collective agreement, determining its relationship with other normative acts.

In accordance with Part 2 of Art. 9 of the Labor Code of the Russian Federation, collective agreements cannot contain conditions that limit or reduce the level of rights and guarantees of employees provided for by labor legislation.

In addition to specific norms and obligations, the collective agreement must contain such formal information as the names of the parties on whose behalf it is concluded, its validity period, the procedure for changing and extending.

The procedure for concluding a collectivethe contract is regulated (Articles 36,37,38, part 2 of Articles 40, 50 of the Labor Code of the Russian Federation).

The procedure for concluding a collective agreement begins with collective bargaining (Articles 36, 37 of the Labor Code of the Russian Federation).

The terms, place of negotiations, agenda are determined by the representatives of the parties who are participants in the negotiations (part 7 of article 37 of the Labor Code of the Russian Federation).

According to established practice, a single draft collective agreement is discussed by employees in the employer's divisions and comments, suggestions, additions are made to it. The finalized single project is approved by the general meeting (conference) of employees of a particular employer.

After three months from the start of collective negotiations on the preparation and conclusion of a collective agreement, the parties are obliged to sign the agreement on agreed terms, regardless of how many provisions of the draft agreement they have agreed upon. This rule is imperative and cannot be changed by the parties to the negotiations (part 2 of article 40 of the Labor Code of the Russian Federation).

Simultaneously with the signing of the collective agreement under the agreed terms, the parties to the negotiations, if there are unresolved issues, are obliged to sign a protocol of disagreements (Article 38 of the Labor Code of the Russian Federation).

With regard to the consideration of disagreements included in the specified protocol, the parties to the negotiations have the right to either continue negotiations or start the procedure for resolving disagreements in accordance with the procedure for resolving collective labor disputes (Chapter 61 of the Labor Code of the Russian Federation).

Changes and additions to the collective agreement during its validity period are made only by mutual agreement of the parties, achieved as a result of collective negotiations, in the manner established by the Labor Code of the Russian Federation for its conclusion. However, the collective agreement itself may determine the procedure for introducing amendments and additions to this collective agreement (Article 44 of the Labor Code of the Russian Federation).

By general rule if the employer is a legal entity, the collective agreement is concluded in the organization as a whole and covers all branches, representative offices, other separate divisions. However, if it is necessary to take into account the territorial, professional and other characteristics of labor activity, a collective agreement may be concluded in a specific branch representative office, other separate structural unit(part 4 of article 40 of the Labor Code of the Russian Federation).

In this case, the rights and obligations arise for the organization - the employer, and not for the corresponding branch, representative office, other separate structural unit.

The signed collective agreement within 7 days is sent by the employer to the relevant labor authority of the federal, regional or territorial levels (ministry, federal service, labor committee, etc.) for notification registration (Article 50 of the Labor Code of the Russian Federation).

The fact of passing a notification registration does not entail any legal consequences, tk. the collective agreement and agreements come into force from the moment of signing or from the day of the social partnership specified in the normative acts themselves (Articles 43, 48 of the Labor Code of the Russian Federation).

The body that registers the collective agreement verifies the compliance of the provisions of the agreement with labor legislation. In the event that the terms of the collective agreement are identified that worsen the position of employees in comparison with labor law and other normative legal acts containing labor law norms, this body is obliged to inform the representatives of the parties who signed the contract about this in order to eliminate the violation of the rights of employees. At the same time, the relevant state labor inspectorate is notified of the revealed violations of the law.

Amendments and additions to the collective agreement are made in the manner established by the Labor Code of the Russian Federation for its conclusion, or in the manner established by the collective agreement. In this case, a prerequisite is the mutual consent to the introduction of any changes and additions.

The collective agreement is concluded for a period of not more than 3 years and comes into force from the date of its signing by the parties or from the date established by the collective agreement. In accordance with Art. 43 of the Labor Code of the Russian Federation, the parties have the right to extend the validity of the collective agreement for a period not exceeding 3 years.

The effect of the collective agreement applies to all employees of this organization, its branch, representative office and other separate structural unit, as well as to an individual entrepreneur. The collective agreement remains valid in the event of a change in the name of the organization, termination employment contract with the head of the organization who put his signature under the collective agreement, as well as in the case of reorganization in the form of transformation.

In the event of a reorganization in the form of a merger, acquisition, division or spin-off, the collective agreement shall remain in effect throughout the entire period of the reorganization.

When changing the form of ownership of the organization, the collective agreement remains valid for 3 months from the date of transfer of ownership.

In case of reorganization or change of the form of ownership of the organization, any of the parties has the right to send * to the other party proposals for the conclusion of a new collective agreement or the extension of the old one for up to 3 years. According to Art. 57 Civil Code Russian Federation, a legal entity (organization) is considered reorganized from the moment an entry is made on state registration into a single State Register legal entities newly emerged legal entities.

In the event of liquidation of an organization, the collective agreement shall remain in effect throughout the entire period of liquidation. According to Art. 63 of the Civil Code of the Russian Federation, liquidation legal entity is considered completed, and the legal entity (organization) - ceased to exist, after making an entry about this in the Unified State Register of Legal Entities.

Introduction

1. The concept, principles and aspects of social partnership in the world of work

1.1 The concept of social partnership

1.2 Basic principles of social partnership

1.3 Parties and levels of social partnership

2. Forms of social partnership in the sphere of labor

2.1 Forms of social partnership

Conclusion

Bibliography

Introduction

The serious economic crisis that began in our country in the autumn of 2008 led, as in all other countries of the world, to a drop in production, an increase in unemployment, and a decrease in incomes of the population. Its negative consequences particularly deeply and widely affected people employed in the field of social and labor relations, as they were accompanied by difficulties in ensuring employment and employment of citizens, an increase in the number of unemployed, bankruptcy and liquidation of enterprises, numerous facts of a long delay in payment of wages, and a decrease in its size. The illegal practice of introducing in organizations a part-time working week (two- and three-day) with unpaid additional days off has become widespread. Such rude facts on the part of employers were also widely tolerated, such as the prohibition of workers to create primary trade union organizations in their labor collectives, to enter into collective negotiations and conclude collective agreements. Evaluating these facts, it should be noted that they are gross violation constitutional labor rights and interests of citizens in the sphere of labor, which are based on the international legal norms of the ILO.

The negative consequences in the sphere of labor, causing social tension in society, have significantly increased the attention of the top leaders of the Russian state - President of the Russian Federation D. Medvedev, Chairman of the Government of the Russian Federation V. Putin and the leader of the Federation independent trade unions of Russia (FNPR) M. Shmakova to the situation in the sphere of labor and active joint participation in the discussion of the issues that have arisen, the adoption of urgent organizational and legal measures to protect the labor rights and interests of workers in connection with a gross violation of labor legislation.

In order to prevent social conflicts, it is necessary to take into account the social interests of workers as much as possible. The interaction of social partners in the preparation and implementation of a set of anti-crisis measures in the field of social and labor relations is carried out in accordance with the Labor Code of the Russian Federation, collective agreements and agreements. Closer interaction of social partners is necessary at all levels of regulation of social and labor relations: at the federal, regional and territorial levels.

Given the above, it should be said that this determines the relevance of the research topic.

The aim of the study is to reveal general provisions social partnership in the sphere of labor in the Russian Federation.

Based on this goal, the following tasks were set in the work: to give the concept of social partnership, to characterize its main features, sides and levels, and to analyze the forms of social partnership.

The subject of the work is social partnership in the sphere of labor.

The object of the work is the legal relations that arise in the process of implementing social partnership.

The theoretical basis of the work is the scientific works of V.N. Tolkunova, A.F. Nurtdinova, Yu.P. Orlovsky and others.

1. The concept, principles and aspects of social partnership in the world of work

1.1 The concept of social partnership

In the very general view social partnership in the sphere of labor is understood as a system of interaction between the main agents of the labor market, which makes it possible to most effectively take into account the main interests of workers (and their representatives), employers (and their representatives) and the state when regulating social and labor relations.

Today, social partnership acts as a way to reconcile the interests of various groups in resolving emerging contradictions and preventing conflicts in the social and labor sphere.

The formation of a system of social partnership is a rather lengthy and complex process. This is partly due to the fact that in the Russian Federation the legislation on social partnership was created practically from scratch.

The implementation of economic and social reforms has led to a weakening of the role of the state in the social and labor sphere, a decrease in the social protection of citizens. Accordingly, the development of legislation on social partnership has received a fairly powerful stimulus.

Now no one disputes that the system of social partnership is the most effective method achieving and maintaining an optimal balance of interests between employers and employees.

Article 23 of the Labor Code of the Russian Federation legislates the concept of "social partnership". It can be bilateral, when employees and their representatives, employers and their representatives participate in these processes. That is, two parties enter into a dialogue, directly interacting in the production process and having rather conflicting interests. Employees are interested in stable labor relations, high wages paid regularly, in receiving social and other benefits at the expense of the employer. The employer, in turn, is interested in maximizing profits, paying dividends, and reducing the cost of organizing production. Thus, each participant production process seeks to satisfy its own interests, ignoring which the opposite side entails the instability of labor relations for employees and a decrease in profits and a decrease in investment in production for employers.

To prevent such negative phenomena, there are various forms of social partnership - collective bargaining, the conclusion of collective agreements, the implementation of systems for the participation of employees in the management of an organization, the participation of representatives of employees and employers in the pre-trial resolution of labor disputes, etc. (Article 27 of the Labor Code of the Russian Federation).

The two-sided model of social partnership arises at the level of the organization.

Social partnership becomes tripartite when it is necessary to coordinate the interests of workers and employers at the territorial, regional, sectoral and national levels. The third participant in the relations under consideration is the state represented by the relevant authorities.

To ensure the regulation of social and labor relations, conduct collective bargaining and prepare appropriate draft agreements at the federal level, a permanent Russian tripartite commission for the regulation of social and labor relations is formed. Members of the commission are representatives of all-Russian associations of trade unions, all-Russian associations of employers, the Government of the Russian Federation.

In the constituent entities of the Russian Federation, tripartite commissions may be formed to regulate social and labor relations, whose activities are carried out in accordance with the laws of the constituent entities of the Russian Federation.

At the territorial level, tripartite commissions for the regulation of social and labor relations may be formed, the activities of which are carried out in accordance with the laws of the subjects of the Federation, the regulations on these commissions, approved by the representative bodies of local self-government.

At the sectoral level, commissions may be formed to conduct collective bargaining, prepare draft sectoral (intersectoral) agreements and conclude them. Industry commissions can be formed both at the federal and at the level of the subject of the Federation.

The state occupies a special place in the system of social partnership:

1) it is the state that adopts laws and other normative legal acts that determine the rules and procedures for forms of social partnership. The state determines the legal status of social partners - associations of employers and associations of workers, forms and methods of representation, etc.;

2) the state can act as an intermediary in resolving conflicts between social partners;

3) the state acts as a social partner, being, for example, a party to collective agreements of a certain level.

When determining the position of the parties to the social partnership, the state establishes the legal framework for their activities and provides the necessary legislative regulation. In addition, the state creates conditions for the exercise by employees and employers of the right to association, that is, to create associations and unions to achieve the goals determined by the charters of such unions and associations. In other words, the state creates the prerequisites for the legitimate formation of civil society institutions.

State authorities and local governments, as a rule, do not assume any obligations when concluding agreements. Their task is to stimulate and coordinate the negotiation process, to ensure uniformity in establishing working conditions in a given area, industry, etc. This situation gives reason to speak of them as special participants in social partnership processes that help the parties reach compromises, reach an agreement, and ultimately as a result - to achieve the necessary for successful economic development social world.

State authorities and local self-government bodies are considered as parties to social partnership, in some cases assuming certain obligations.

First, these bodies can act as employers (if we are talking on state (municipal) unitary or state-owned enterprises). Here, the participation of a state body (or local self-government body) is necessary, since state (municipal) unitary enterprises are not owners of property. It is assigned to them on the right of full economic management or operational management.

The control of public authorities and local self-government bodies is necessary in order for employers to take on real obligations, agreed with the owner of the property and not infringing on the interests of the state.

Secondly, state authorities or local governments may be authorized to represent. Here we are talking about the fact that a number of organizations of various organizational and legal forms, united by the unity of the territory, industry feature, etc., have authorized a public authority or local government on their behalf to conclude a territorial, regional or industry agreement. In this case, the legal status of such bodies will be close to the status of employers' associations of the corresponding level.

Due to the particular relevance of the problems of improving the processes of social partnership even before the adoption Labor Code in some constituent entities of the Russian Federation, laws on social partnership have been developed and adopted.

Thus, in Moscow, the Law of October 22, 1997 “On Social Partnership” (with subsequent amendments and additions) is in force, which determines the legal basis for the functioning, strengthening and development of the social partnership system in Moscow in order to regulate social and labor and related economic relations and achievement of public consent .

When applying these legislative acts, one should take into account the provisions of Article 6 of the Labor Code of the Russian Federation, which provide that if a law or other regulatory legal act of a constituent entity of the Russian Federation containing labor law norms contradicts the Labor Code of the Russian Federation or other federal laws, the Labor Code of the Russian Federation or federal law is applied. . This is due to the provisions of Article 76 of the Constitution of the Russian Federation, which provides that in subjects joint management The Russian Federation and its constituent entities shall issue federal laws and laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with them.

1.2 Basic principles of social partnership

Fixing in article 24 of the Labor Code of the Russian Federation the principles of social partnership as fundamental provisions that determine the nature and general direction of the legal regulation of relations that develop in the implementation of social dialogue - important step in the development of legislative regulation of the system of social partnership.

The legislator took into account world practice and the experience of the International Labor Organization, the conventions and recommendations of which require the presence in national legislation of norms regulating the right to form associations by both employees and employers, the right to collective bargaining, the right of the parties to independently determine the subject of negotiations, as well as norms that provide guarantees for the implementation of representatives workers of their rights.

First of all, these are the norms: Convention No. 87 “On freedom of association and protection of the right to organize” (1948), which provides for the possibility of creating unions and associations to represent and protect their interests both by employees and employers; Convention No. 144 "On tripartite consultations to promote the application of international labor standards", involving tripartite cooperation between representatives of the government, employers and workers; Recommendations No. 129 "On relations in the enterprise" (1967), etc.

The principles cited in Article 24 of the Labor Code of the Russian Federation correspond to the goals and objectives of social partnership, contribute to its implementation, and characterize the social partners themselves.

The principle of equality of the parties means granting equal rights to the parties to the social partnership to enter into collective bargaining, discuss issues of regulating social and labor relations. The parties bear equal responsibility for non-fulfillment of the obligations assumed and the agreements reached.

Any party to the social partnership may start the procedure of collective bargaining (Article 36 of the Labor Code of the Russian Federation), propose a list of issues to be discussed (Article 37 of the Labor Code of the Russian Federation), demand the provision of information necessary for the collective agreement regulation of social and labor relations.

The consolidation of this principle in the Labor Code of the Russian Federation seems to be very important, since only equal partners can conduct a constructive dialogue and make decisions that comply with democratic principles.

When entering into negotiations, the parties must recognize and take into account the existence of certain interests, the satisfaction of which is in many respects the motivating reason for the development of a system of social partnership.

The party must carefully study the position of the negotiating partner in order to identify common ground and find a basis for a mutually acceptable compromise.

An agreement can be reached only if there is a mutual desire to come to an agreement. The unifying factor is the existence and successful operation of the organization itself. Work in the organization is a source of livelihood for employees. Successful operation organization as a whole serves as a source of profit for the employer.

Therefore, the requirements of both employees and employers (founders, participants, shareholders) must be balanced. Employers are obliged to take care of the prosperity of the organization as a whole, which is impossible if employees are dissatisfied with their earnings, provided benefits and compensation, resist the introduction of new technologies, etc.

The basis for the interest of the parties of social partnership in contractual relations at the level above the organization is the economic growth and social stability necessary for successful implementation social and economic reforms and improvement of living standards.

The state creates real political, economic and legal prerequisites for the implementation of forms of social partnership.

The state determines the legal nature of associations of workers and employers, promotes collective bargaining and the development of a policy of relations in the organization, establishes increased guarantees for more weak side- employees, introduces liability for violation of the agreements reached by the parties.

The state participates in the processes of tripartite regulation of social and labor relations, ensuring the activities of social partnership bodies (Article 35 of the Labor Code of the Russian Federation), as well as monitoring compliance with the agreements reached.

The principle of legality in social partnership is implemented in three directions:

1) in the collective-contractual regulation of social and labor relations, the parties must comply with the requirements of laws and other regulatory legal acts (in this case, both the requirements of the parties and the methods and procedures for resolving contradictions must be legal);

2) representative bodies of employees and employers (that is, representatives of the parties to the social partnership) should be formed according to the rules established by law (their competence is determined by laws, charters, other internal documents of organizations and public associations);

3) collective bargaining procedures should be carried out according to the rules defined by the Labor Code of the Russian Federation, the parties may adopt local acts clarifying the legislation.

The acts adopted by the parties in the negotiation process must also comply with the law in form and substance.

In accordance with Article 8 of the Labor Code of the Russian Federation, the employer takes local regulations, containing labor law norms, within their competence in accordance with laws and other regulatory legal acts, a collective agreement, agreements.

In cases provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, a collective agreement, the employer, when adopting local regulations containing labor law norms, takes into account the opinion of the representative body of employees.

The collective agreement, agreements may provide for the adoption of local regulations containing labor law norms, in agreement with the representative body of employees.

Local regulations that worsen the position of employees in comparison with labor legislation, a collective agreement, agreements, or adopted without observing the procedure for taking into account the opinion of a representative body of employees provided for by the Labor Code of the Russian Federation, are invalid. In such cases, laws or other normative legal acts containing labor law norms are applied.

In other words, if, when adopting a local regulatory act, the procedure for its adoption was not followed or it contains norms that worsen the position of employees in comparison with the current legislation, then this act is not applied.

The parties to the social partnership must have certain powers in the negotiation process. The side of the social partnership that entered into the social dialogue without the appropriate authority is obviously doomed to failure: the agreements reached by it cannot be fulfilled, since there are no guarantees that such an unauthorized representative really expresses the will or interests of employees or employers.

The authority of representatives of the party of social partnership may be based on the provisions of the law, charters, other internal documents of the organization.

Thus, representatives of workers in social partnerships are trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions, or other representatives elected by workers.

The right of trade unions to represent and protect the interests of workers is secured in addition to the Labor Code of the Russian Federation by Federal Law No. 10-FZ of January 12, 1996 “On trade unions, their rights and guarantees of activities” (with subsequent amendments and additions) .

To confirm its authority in the organization, the trade union must submit to the employer the charter of the trade union (or the minutes of the meeting of workers on the establishment of a trade union in this organization, if the trade union does not have the rights of a legal entity), the provision on the primary trade union organization, documents stating that this the trade union unites more than half of the employees of the organization, the minutes of the general meeting of employees authorizing the trade union organization to represent their interests, or statements of employees who are not members of the trade union (Article 30 of the Labor Code of the Russian Federation).

In the absence of a primary trade union organization in the organization, as well as in the presence of a trade union organization that unites less than half of the employees, general meeting(conferences), employees may entrust the specified trade union organization or other representative to represent their interests. Confirmation of the authority of such a non-trade union representative is the minutes of the general meeting of employees who authorized him to represent (Article 31 of the Labor Code of the Russian Federation).

The representatives of the employer during collective bargaining, conclusion or amendment of the collective agreement are the head of the organization or persons authorized by him.

Head - a person acting without a power of attorney on behalf of the organization. His powers are confirmed by the internal documents of the organization, as well as by the order of taking office.

The head of the organization may instruct other persons exercising organizational and managerial functions in the organization to represent the interests of the employer. Such persons are issued a special power of attorney, or an order is issued authorizing them to represent.

Representatives of the employer who have not submitted documents confirming their authority cannot participate in negotiations and make any decisions on behalf of the employer.

Representatives of the employer in the organization may also be other bodies that, in accordance with the charter or other documents, have been granted such a right (Article 33 of the Labor Code of the Russian Federation).

When conducting collective negotiations, concluding or changing agreements, resolving collective labor disputes regarding their conclusion or changing, as well as when forming and carrying out the activities of commissions for the regulation of social and labor relations, the interests of employers are represented by the relevant associations of employers.

The parties to the social partnership should have a certain freedom in discussing issues that are part of the world of work. The legislator does not establish a special list of issues that are mandatory for discussion or prohibited from discussion. The parties are free to choose the subject of regulation of social and labor relations. This principle is an important guarantee for the further development of democratic institutions and the strengthening of the entire system of social partnership.

The obligations assumed by the parties must be voluntary, since cooperation is impossible if one of the parties makes a decision under pressure or coercion.

The social dialogue itself should also be voluntary. Administrative measures cannot force the parties to conduct collective negotiations, conclude collective agreements and agreements, or participate in other forms of social partnership.

The obligations assumed by the parties must be real, otherwise their implementation in practice will be impossible, and the negotiation process will be a fiction.

The parties should take a balanced and serious approach to the negotiation process, set realistic goals for themselves, exchange necessary information, represent the economic opportunities of the organization, take into account the state of the industry and the economy as a whole.

The effectiveness of social partnership processes depends on the mandatory implementation of the decisions made. The legislator not only establishes liability for violation or failure to comply with the norms of a collective agreement or agreement, but also encourages the parties to fulfill their obligations. For example, by giving the employer the right, in the event of a change in technological or organizational working conditions, to unilaterally change the essential working conditions enshrined in the employment contract with the employee, the legislator expressly prohibits changes in the essential terms of the employment contract that worsen the position of the employee compared to the terms of the collective agreement, agreement (Article 74 of the Labor Code of the Russian Federation).

The legislator grants the right to control the fulfillment of mutual obligations to the parties of social partnership, as well as to specially authorized bodies.

So, in accordance with Article 51 of the Labor Code of the Russian Federation, control over the implementation of a collective agreement, an agreement is carried out by the parties to the social partnership, their representatives, and the relevant labor authorities.

Very important is the right of the parties to demand the necessary information for this control.

The legislator establishes the responsibility of the parties to the social partnership and their representatives for evading participation in collective negotiations on the conclusion, amendment of a collective agreement, agreement and failure to fulfill agreements, collective agreements through their fault (Article 54 of the Labor Code of the Russian Federation).

1.3 Parties and levels of social partnership

Article 25 of the Labor Code of the Russian Federation provides that the parties to social partnership - employees and employers - participate in the system of social partnership both directly and through their representatives, who act on behalf of and in the interests of the parties.

State bodies and bodies of local self-government may act as a party to the social partnership only in cases where they are directly authorized to represent or when it is specifically provided for by federal law.

Article 26 of the Labor Code of the Russian Federation highlights the levels of social partnership. They can be grouped on a territorial basis. This means that social partnership relations are formed as a whole in any territory (municipal formation, region, subject of the Russian Federation, etc.).

The homogeneity of social and labor problems arising in industries makes it possible to distinguish not only the sectoral level of social partnership, but also the interregional one, which establishes the basis for labor regulation in two or more subjects of the Federation.

The federal level establishes the basis for regulating relations in the sphere of labor in the Russian Federation. At this level, a General Agreement is concluded between all-Russian associations of trade unions, all-Russian associations of employers and the Government of the Russian Federation. The agreement contains general principles for regulating social and labor relations at the federal level.

In particular, the General Agreement provides that its parties need to ensure in the coming period further development systems of social partnership, increasing its effectiveness, direct impact on the solution of socio-economic problems of Russia's development.

To this end, the parties undertake to hold tripartite consultations on the formation and implementation of socio-economic policy.

The Russian tripartite commission for the regulation of social and labor relations operates at the same level.

The regional level establishes the basis for regulating relations in the sphere of labor in a constituent entity of the Russian Federation. Accordingly, a regional agreement is concluded at this level, which establishes the general principles of labor regulation at the level of a subject of the Federation.

The industry level establishes the basis for regulating relations in the sphere of labor in the industry (industries). At this level, an industry (inter-sectoral) tariff agreement is concluded, which contains wage rates and other working conditions, as well as social guarantees and benefits for employees of the industry (sectors).

The sectoral level of social partnership can cover both the entire Russian Federation as a whole and its individual regions or territories.

In the event that two or more constituent entities of the Russian Federation have similar problems, when employees work in one region and live in another, etc., social partnership acts can be adopted by two or more constituent entities of the Russian Federation. As an example of such acts, agreements between Moscow and the Moscow Region on health insurance for residents of the Moscow Region working in Moscow organizations can be cited.

The territorial level establishes the basis for regulating relations in the sphere of labor in the municipality.

The concluded territorial agreement regulates working conditions, as well as social guarantees and benefits related to the territorial features of the city, district, other administrative-territorial entity.

The local level - the level of the organization, establishes specific mutual obligations in the sphere of labor between employees and the employer of one organization.

At this level, collective agreements are concluded, consultations are held between employees and employers, information is exchanged, employees can exercise the right to participate in the management of the organization, which contributes to the achievement of social peace and processes for reconciling the interests of employees and employers.

Unlike other levels of social partnership, the relationship between employees and employers at the local level is bilateral. The third party - the state - is not involved in these relations.

On the part of workers, social partnerships involve not only trade unions, but also other representative bodies elected by workers.

2. Forms of social partnership in the sphere of labor

2.1 Forms of social partnership

Article 27 of the Labor Code of the Russian Federation establishes frequently used forms of social partnership - collective bargaining, preparation of draft collective agreements and their conclusion, consultations with employees and their representatives on the regulation of labor relations, participation of employees in the management of the organization. These forms of social partnership are traditional and closely related.

Collective contractual regulation plays the most prominent role in the system of social partnership. It is through collective contractual regulation that centrally established norms are concretized and clarified, which makes it possible to take into account the interests of employees of organizations as much as possible, and ultimately achieve the most efficient labor legislation.

In order for the parties to the social partnership to be able to sit down at the negotiating table, employees and their representatives must be provided with information about general conditions recruitment, transfer and dismissal, the structure of the organization and management systems, certification of workplaces, opportunities vocational training and prospects for advancement at work, general working conditions, safety rules and regulations, procedures established for handling complaints and applications from employees, procedures for pre-trial settlement of labor disputes (both collective and individual), social benefits and benefits for employees medical service, health care, canteens, living conditions, recreation conditions, conditions for savings and banking services, etc.), about the general situation of the organization and the prospects or plans for its further development.

In addition, the employer is obliged to bring to the attention of employees decisions that may directly or indirectly affect their situation, affect the essential interests of employees, etc.

Some issues on the application of labor law norms, the issuance of local acts are resolved after consultations with the representative bodies of employees. These consultations allow the parties to the social partnership to agree on their positions and come to mutually satisfactory solutions without resorting to such extreme measures as a strike, work suspension, mass layoffs.

By consulting with employees and their representatives, the employer recognizes employees as an equal partner who has the right to express their opinion on issues that directly affect their interests, as well as those related to production efficiency.

Such a form of social partnership as the participation of representatives of employees and employers in resolving labor disputes is also aimed at achieving a mutually acceptable result and developing a compromise solution. At the same time, the legislator has in mind the resolution of both individual and collective disputes.

The Labor Code of the Russian Federation defines an individual labor dispute as unresolved disagreements between an employer and an employee on the application of laws and other regulatory legal acts containing labor law norms, a collective agreement, an agreement, an employment contract (including the establishment or change of individual working conditions), about which are declared to the body for the consideration of individual labor disputes.

Individual labor disputes are considered by labor dispute commissions and courts.

According to Article 384 of the Labor Code of the Russian Federation, labor dispute commissions are formed at the initiative of employees and (or) the employer from an equal number of representatives of employees and the employer. Representatives of employees to the commission on labor disputes are elected by the general meeting (conference) of employees of the organization or delegated by the representative body of employees with subsequent approval at the general meeting (conference) of employees of the organization.

Representatives of the employer are appointed to the commission by the head of the organization.

In other words, the labor dispute commission can be viewed as a kind of social partnership body. Its goal is not only non-judicial settlement of the dispute, but also the search for a compromise.

When resolving a dispute in court, proper authorized representatives of the employer and employees may participate in its settlement, including the development of the terms of a settlement agreement between the parties.

A collective labor dispute is understood as unresolved disagreements between employees (their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, change and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative body of employees when adopting acts containing labor law norms in organizations.

To resolve a collective labor dispute, conciliation procedures are used, that is, consideration of a collective labor dispute for the purpose of resolving it by a conciliation commission, with the participation of a mediator and (or) in labor arbitration.

Such a form of social partnership as the participation of employees in the management of the organization is aimed at increasing the social activity of employees and strengthening the interaction between employees and the employer in the production process. Its consolidation in the Labor Code of the Russian Federation provides employees with the opportunity to conduct a dialogue with the employer on issues that directly affect their interests in daily production activities, to influence the decisions made by the employer.

It is generally accepted that management production system effective only when all its subjects are interested in the success of the case. The participation of employees in the management of the organization and the development management decisions directly affecting them, can lead to an increase in labor productivity, a decrease in confrontation between the management of the organization and its staff.

Article 27 of the Labor Code of the Russian Federation does not contain an exhaustive list of forms of social partnership. These include all forms enshrined in the Federal Law of January 12, 1996 No. 10-FZ “On trade unions, their rights and guarantees of activity” and implemented with the direct participation of trade unions.

Thus, in accordance with Article 11 of this Law, draft legislative acts affecting the social and labor rights of workers are considered by federal government bodies, taking into account proposals from all-Russian trade unions and their associations (associations).

Draft regulatory legal acts affecting the social and labor rights of employees are considered and adopted by executive authorities, local governments, taking into account the opinion of the relevant trade unions.

Trade unions have the right to come up with proposals for the adoption by the relevant state authorities of laws and other regulatory legal acts relating to the social and labor sphere.

In other words, acts affecting the rights and interests of workers in the social and labor sphere must undergo "legal expertise" in trade unions of the appropriate level. At the same time, the legislative and executive authorities are not entitled to arbitrarily reject the opinion expressed by the trade union. If it is rejected, a reasoned opinion must be sent to the trade union about this.

Trade unions are given the right to participate in the consideration of their proposals by state authorities, local governments, as well as employers, their associations (unions, associations), and other public associations.

Trade unions have the right to participate in the development of various government programs such as programs to promote employment of the population.

According to Article 12 of the Federal Law “On Trade Unions, Their Rights and Guarantees of Activity,” trade unions have the right to submit proposals for the consideration of local governments to postpone or temporarily stop the implementation of measures related to the mass dismissal of workers.

Article 15 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity" establishes that the relations of trade unions with employers, their associations (unions, associations), state authorities and local governments are built on the basis of social partnership and interaction of the parties to labor relations, their representatives, as well as on the basis of a system of collective agreements, agreements.

Trade unions have the right to participate in elections of bodies of state power and bodies of local self-government in accordance with federal legislation and the legislation of the constituent entities of the Federation.

Trade unions have equal rights with other social partners for parity participation in the management of state funds social insurance, employment, health insurance, pension and other funds formed at the expense of insurance premiums, and also have the right to control the use of the funds. The charters (regulations) of these funds are approved in agreement with all-Russian unions (associations) of trade unions or with the corresponding all-Russian trade unions.

Trade unions organize and conduct recreational activities for their members and their families. The amount of funds is determined by the governing body (board) of the Social Insurance Fund on the proposal of the relevant trade unions.

Trade unions have the right to interact with state authorities, local governments, associations (unions, associations) and organizations for the development of sanatorium treatment, recreation, tourism, mass physical culture and sports.

The legislation of the constituent entities of the Russian Federation may provide for other forms of social partnership that supplement those enshrined in Article 27 of the Labor Code of the Russian Federation.

The parties to social partnership at the level of the organization may fix the forms of social partnership they use in the charters, other local acts of the organization, as well as in collective agreements.

Article 55 of the Constitution of the Russian Federation provides that the rights and freedoms of a person and a citizen can be limited only by federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and state security.

This rule primarily applies to state civil servants, municipal employees, employees of military and paramilitary bodies and organizations, internal affairs bodies, the State fire service, institutions and security agencies, bodies to control the circulation drugs and psychotropic substances, bodies of the penitentiary system, customs authorities and diplomatic missions of the Russian Federation.

The activity of the listed categories of workers ensures the protection of the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensures the defense capability of the country and the security of the state.

It is precisely because of this that it is necessary to legislate some restrictions that apply to these categories of workers when exercising their rights to participate in various forms of social partnership.

The establishment in Article 28 of the Labor Code of the Russian Federation and some other articles of the code (for example, Article 413 of the Labor Code) of restrictions for certain categories of workers on participation in the social partnership system is based on the provisions of Article 55 of the Constitution and is consistent with international practice.

Thus, ILO Convention No. 151 "On Labor Relations in the Public Service" contains an indication that national laws or regulations should determine the extent to which guarantees provided to employees will apply to the armed forces and the police.

Civil servants shall enjoy civil and political rights for the normal exercise of freedom of association, on the sole condition that they comply with the obligations arising from their status and the nature of their functions. They have the right to create professional associations, enjoy protection from any discriminatory actions aimed at infringing on the freedom of association in the field of employment, conduct collective negotiations with state authorities, conclude collective agreements, make proposals in accordance with the established procedure to improve the work of a state body, etc.

The Russian Federation does not special legislation which defines the features of the participation of state civil servants, municipal employees, employees of military and paramilitary bodies and organizations, internal affairs bodies, the State Fire Service, security institutions and bodies, bodies for controlling the circulation of narcotic drugs and psychotropic substances, bodies of the penitentiary system, customs bodies and diplomatic missions of the Russian Federation, in systems of social partnership.

Unfortunately, the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" also did not solve this problem. It does not contain norms that determine the procedure for the participation of civil servants in social partnership relations. Moreover, the mention of the possibility of concluding collective agreements in the system of state civil service bodies is only in one article of the Law, namely in Article 45, which provides that civil servants who have an irregular working day are provided with annual additional paid leave, the duration of which is determined by the collective agreement or the official schedule of a state body and which cannot be less than three calendar days.

In order to avoid unjustified infringement of the rights of this category of workers, it is necessary to develop and adopt special laws that determine for them the specifics of the implementation of the norms of the Labor Code regulating issues of social partnership.

Conclusion

Summing up the work, we can conclude that the emergence of various kinds of associations in the late 90s of the XX century. and their active development in the modern period confirm the movement of the Russian state in line with the global practice of forming civil society institutions.

In turn, the emergence of associations in the sphere of labor can be marked by the beginning of an active reformation of the social and economic system and the transition to equal consideration of the interests of the parties to labor relations, which are based on the principles of cooperation and the search for social compromise on a number of key issues.

The main milestone in the formation and development of elements of interaction in the labor sphere is the initial consolidation of the legal status of trade unions, their roles and functions, which should be considered a starting point for establishing equal partnerships and enshrining them in legislation. However, the representation of workers in the activities of trade unions cannot provide a "balance" of their relationship with employers. For constructive work at a higher level, it is necessary to ensure a similar status for employers, which was, in particular, aimed at the development and adoption in 2002 of the Federal Law No. 156-FZ "On Associations of Employers" .

AT modern society the employer is an important figure, whose importance is only growing in conditions of socio-political instability and constant economic downturns.

As for the consolidation and regulatory formalization of the status of such associations, the adoption of the relevant law was provided for by the Labor Code of the Russian Federation, which contains a reference rule (Article 33) on determining the specifics of the legal status of an association of employers by federal law.

The Law on Associations of Employers completes the formation of a set of normative acts regulating the institution of social partnership. Social partnership - a system of relationships between the parties to such a partnership (employees, employers, state authorities and local self-government), aimed at coordinating their interests on the regulation of labor and other relations directly related to them.

The consolidation in the Labor Code of the Russian Federation of a special section II “Social partnership in the sphere of labor” (Articles 23-55) reflects the contractual (conciliatory) beginning of relations between an employee and an employer in the face of conflicting interests.

The development of the institution of social partnership is facilitated by the weakening of the role of the state in labor relations, the reduction of centralized norms and the increase in local regulation. Thus, a reasonable parity of legal instruments and, at the same time, a balance of centralization and decentralization in labor law are achieved.

Meanwhile, the state can implement state policy both indirectly, i.e. through normative regulation, the establishment of rules and norms in the sphere of labor, and directly - through the participation in relevant relations of state executive authorities and local governments. Social partnership involves cooperation between employers and employees (parties of labor relations), as well as state authorities and local governments.

Bibliography:

1. The Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993 // Russian newspaper, No. 7, January 21, 2009.

2. Labor Code of the Russian Federation. - M .: Publishing house "Omega-L", 2010. - 188s.

3. Federal Law of January 12, 1996 No. 10-FZ “On Trade Unions, Their Rights and Guarantees of Activity” // Collected Legislation of the Russian Federation. 1996. No. 3. Art.148.

4. Federal Law of November 27, 2002 No. 156-FZ "On Employers' Associations" // Collected Legislation of the Russian Federation. 2002. No. 48. Art.4741.

5. Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” // Collection of Legislation of the Russian Federation. 2004. No. 31. Art. 1243.

6. Law of Moscow dated October 22, 1997 No. 44 “On social partnership” // Vedomosti of the Moscow City Duma. 1998. No. 1. Art. 80

7. Abramova O.V. Responsibility for violation of labor legislation and other acts containing labor law norms // Labor Law. 2004. No. 6.

8. Vasiliev V.A. Representation in labor relations // Labor law. 2006. No. 3.

9. Gusov K.N., Tolkunova V.N. Labor law of Russia. Textbook. - 3rd ed., revised. and additional, - M .: Jurist, 2001. - 496s.

10. Commentary on the Labor Code of the Russian Federation // Ed. Romanova E.V. - 2nd ed., corrected. and additional - M.: Eksmo Publishing House, 2005. - 992s.

11. Kiselev I.Ya. Labor law in Russia: historical and legal research: Proc. allowance. M.: Norma, 2001. - 211p.

12. Kirillovs A.A. Problems of the legal status of associations of employers in the system of non-profit organizations // Legislation and Economics. 2010. №2.

13. Commentary on the Labor Code of the Russian Federation (article by article) (5th edition, corrected, revised and supplemented) / ed. Yu.P. Orlovsky. - CONTRACT, INFRA-M, - 2009. - 611s.

14. Korshunova T.Yu. On the representatives of workers and employers in the social partnership // Labor Law. 2006. No. 11.

15. Nurtdinova A.F. Associations of employers: their rights and obligations in the system of social partnership // Journal of Russian law. 2003. No. 11.

16. Petrov A. Tripartite interaction and cooperation: the Labor Code of the Russian Federation and the basic principles of social partnership // Kadrovik. Labor law for personnel officer. 2007. No. 11.

17. Soloviev A.V. Social partnership: Commentary on Section II of the Labor Code of the Russian Federation. M., 2007. - 368s.

18. Soshnikova T.A. Problems of improving the legislation on social partnership // Labor Law. 2008. No. 12.

19. Labor law of Russia: Textbook / ed. ON THE. Brilliantova, O.V. Smirnova. - 2nd ed., revised, and additional. - M: TK Welby, Prospekt Publishing House, 2005. - 560s.

20. Labor Law of Russia: Textbook (2nd edition) / ed. Yu.P. Orlovsky, A.F. Nurtdinova - CONTRACT, INFRA-M, 2008. - 254p.

21. Shebanova A.I. Protection of social and labor relations in the conditions economic crisis in Russia // Labor law in Russia and abroad. 2010. №1.

Petrov A. Trilateral interaction and cooperation: the Labor Code of the Russian Federation and the basic principles of social partnership // Kadrovik. Labor law for personnel officer. 2007. No. 11. S. 17

Law of Moscow dated October 22, 1997 No. 44 "On social partnership" // Vedomosti of the Moscow City Duma. 1998. No. 1. Art. 80

Soshnikova T.A. Problems of improving the legislation on social partnership // Labor Law. 2008. No. 12. S. 16

Cooperation between employees and employers within the framework of social partnership is one of the mechanisms for reducing social tension in society and serves to reach a compromise, develop a policy that is comfortable for the parties to the partnership in the field of labor, its safety and other labor relations. The current system of social partnership in Russia is based on the Conventions and Recommendations of the International Labor Organization.

Convention on the Application of the Principles of the Right to Organize and to Bargain Collectively, 1949 (No. 98);

Tripartite Consultation Convention to Promote the Application of International Labor Standards, 1976 (No. 144);

Convention on the Facilitation of Collective Bargaining, 1981 (No. 154);

The above documents provide definitions for the concepts used in the current labor legislation, which specifies only the essence of social partnership in the sphere of labor, but does not give the concept of collective bargaining, collective agreements and agreements. Issues of social partnership in the sphere of labor are regulated by the second section of the Labor Code of the Russian Federation.

Social partnership in the sphere of labor (Article 23 of the Labor Code) is a system of relationships between employees (representatives of employees), employers (representatives of employers), state authorities, local governments, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relationships directly related to them.

Cooperation between employees and employers is expressed both directly in collective bargaining at various levels, and in various kinds of consultations held outside the system and procedure of collective bargaining, both with the help of procedures not regulated by law, and within the framework of legal mechanisms and bodies, for example, within the framework of production councils, trade union organizations of enterprises, etc. The result of the first are collective agreements at various levels, the second - decisions of employers' associations, changes in policies at various levels, etc.

ILO Convention 154 defines collective bargaining as “all negotiations which take place between an employer, a group of employers or one or more employers' organizations, on the one hand, and one or more workers' organizations, on the other, for the purpose of:

A) determining working conditions and employment; and/or

B) regulation of relations between employers and employees; and/or

C) regulation of relations between employers or their organizations and an organization or organizations of workers”.

ILO Recommendation No. 91 defines collective agreements as “any written agreement concerning conditions of work and employment concluded, on the one hand, between an employer, a group of employers or one or more organizations of employers, and, on the other hand, one or more representative organizations of workers or — in the absence of such organizations, by representatives of the workers themselves, duly elected and authorized in accordance with the laws of the country.”

Social partnership system

Forms of social partnership are:

– collective negotiations on the preparation of draft collective agreements, agreements and the conclusion of collective agreements, agreements;

— mutual consultations (negotiations) on the issues of regulating labor relations and other relations directly related to them, ensuring guarantees of labor rights of employees and improving labor legislation and other regulatory legal acts containing labor law norms;

- participation of employees and their representatives in the management of the organization;

— participation of representatives of employees and employers in resolving labor disputes.

Social partnership is built on the principles:

- equality of the parties;

— respect and consideration of the interests of the parties;

– the interest of the parties in participating in contractual relations;

— assisting the state in strengthening and developing social partnership on a democratic basis;

— compliance by the parties and their representatives with labor legislation and other regulatory legal acts containing labor law norms;

- powers of representatives of the parties;

— freedom of choice when discussing issues within the scope of work;

- voluntariness of acceptance of obligations by the parties; the reality of the obligations assumed by the parties; obligatory performance of collective agreements, agreements;

- control over the implementation of the adopted collective agreements, agreements;

- responsibility of the parties, their representatives for non-fulfillment through their fault of collective agreements, agreements.

Bodies of social partnership can be formed at all levels on an equal basis from an equal number of representatives of the parties.

The levels of the social partnership system are:

— Federal (general and industry agreements)

— Interregional

– Regional

— Territorial

— Local (collective agreement).

Commissions for the regulation of social and labor relations can be tripartite, permanent, created to develop and adopt agreements in the field of social partnership (tripartite commissions for the regulation of social and labor relations of the Russian Federation and constituent entities of the Russian Federation, municipalities, sectoral tripartite commissions), and bilateral, temporary , created, as a rule, at the local level for conducting collective negotiations, contracts and monitoring their execution, as well as on issues of collective labor disputes for the period of conducting collective negotiations and concluding a collective agreement, agreement.

Commissions are formed and guided in their activities by the principle of tripartism and equality of representation of the parties. The commission is headed, as a rule, by three co-chairmen, the secretariat of the commission, its working groups, other bodies are also formed from an equal number of representatives of each of the parties to the social partnership.

Parties of social partnership

The parties to the social partnership participating in collective bargaining are employees and employers represented by duly authorized representatives.

State authorities and local self-government bodies are parties to social partnership in cases where they act as employers, as well as in other cases provided for by labor legislation.

Representatives of employees are: trade unions and their associations, other trade union organizations provided for by the charters of trade unions, or other representatives elected by employees in cases provided for by the Labor Code of the Russian Federation.

The interests of employees in matters related to the conclusion of a collective agreement, in the exercise of the right to participate in the management of the organization, the consideration of labor disputes between employees and the employer, are represented by the primary trade union organization or other representatives elected by employees.

If the employer’s employees are not united in primary trade union organizations or none of the existing ones unites more than half of the employees of this employer and is not authorized to represent the interests of all employees in social partnership at the local level within 5 days from the date of the start of collective bargaining, at a general meeting of employees to implement of these powers, another representative or representative body may be elected from among the employees by secret ballot.

The exclusive function of trade unions is to participate in social partnership at levels above the organization. The interests of employees in the development and conclusion of various agreements, in the formation and implementation of the activities of commissions for the regulation of social and labor relations are represented by trade unions and their associations corresponding to them on a territorial basis.

The interests of the employer within the organization in collective negotiations, as well as in the consideration and resolution of collective labor disputes between employees and the employer, are represented by the head of the organization, the individual entrepreneur personally or persons authorized by them. The powers of the latter are confirmed by a power of attorney.

At a level higher than the organization in collective negotiations, in the formation and implementation of the activities of commissions for the regulation of social and labor relations, the interests of employers are represented by the relevant associations of employers - non-profit organizations, which unite employers on a voluntary basis to represent the interests and protect the rights of their members in relations with trade unions, state authorities and local governments (Federal Law of November 27, 2002 N 156-ФЗ “On Associations of Employers”).

In the absence of a sectoral (intersectoral) association of employers at the federal, interregional, regional or territorial level of social partnership, its powers may be exercised, respectively, by the all-Russian, interregional, regional, territorial association of employers, provided that the membership of such an association meets the requirements established by federal law for the relevant sectoral (intersectoral) association of employers.

Representatives of employers - federal public institutions, state institutions of the constituent entities of the Russian Federation, municipal institutions and other organizations financed from the relevant budgets, at the level above the organization are the relevant federal executive authorities, executive authorities of the constituent entities of the Federation, other state bodies, local governments.

Representatives of employees and employers participate in collective negotiations on the preparation, conclusion or amendment of a collective agreement, agreement and have the right to take the initiative to conduct such negotiations.

Participation of employees in the management of the organization

The main forms of such participation are:

- taking into account the opinion of the representative body of employees in cases provided for by the Labor Code, collective agreement, agreements;

— holding by the representative body of employees of consultations with the employer on the adoption of local regulations;

- obtaining information from the employer on issues that directly affect the interests of employees;

– discussion with the employer of questions about the work of the organization, making proposals for its improvement;

- discussion by the representative body of employees of plans for the socio-economic development of the organization;

— participation in the development and adoption of collective agreements;

- other forms defined by this Code, other federal laws, constituent documents of the organization, collective agreement, agreements, local regulations.

In our opinion, the representative body of workers should be understood as any organization representing the interests of more than half of the workers (for example, the Council of Workers of Metiz OJSC), as well as the elected body of the primary trade union organization. At the same time, in the case when the law establishes the need to take into account the motivated opinion of the elected body of the primary trade union organization, the accounting procedure is determined by the relevant article of the Labor Code of the Russian Federation, in other cases the procedure for accounting for such an opinion is determined by agreement of the parties.

Consideration of the opinion of the representative body of employees is required in cases where a local regulatory act:

1. the procedure for attestation in the organization is established (part 2 of article 81 of the Labor Code of the Russian Federation),

2. a list of positions of workers with irregular working hours is established (Article 101 of the Labor Code of the Russian Federation),

3. a wage system is established (part 4 of article 135 of the Labor Code of the Russian Federation),

4. set the rules of the internal work schedule(Part 1 of Article 190 of the Labor Code of the Russian Federation),

5. rules and instructions on labor protection for employees (paragraph 22 of part 2 of article 212 of the Labor Code of the Russian Federation),

6. norms are established for the free issue of special clothing, special footwear and other means to employees personal protection that improve, compared with the standard norms, the protection of workers from harmful and (or) dangerous factors, as well as special temperature conditions or pollution (part 2 of article 221 of the Labor Code of the Russian Federation).

It is also necessary to take into account the opinion of the representative body of employees when establishing:

1) shift schedule (part 3 of article 103 of the Labor Code of the Russian Federation),

2) pay slip forms (Part 2 of Article 136 of the Labor Code of the Russian Federation),

3) the size of the increase in the wages of workers employed in work with harmful and (or) dangerous working conditions (part 3 of article 147 of the Labor Code of the Russian Federation),

4) wages for work on weekends and holidays(Part 2 of Article 153 of the Labor Code of the Russian Federation), at night (Part 3 of Article 154 of the Labor Code of the Russian Federation),

5) as well as when introducing, replacing and revising labor standards (Article 162 of the Labor Code of the Russian Federation),

6) when determining the forms of training and additional vocational education workers, a list of required professions and specialties (part 3 of article 196 of the Labor Code of the Russian Federation).

In some cases, the employer is required to make decisions taking into account the opinion of the elected body of the primary trade union organization. They include:

1) maintaining a part-time (shift) regime and (or) part-time working week for up to six months (part 5 of article 74 of the Labor Code of the Russian Federation);

2) attracting employees to overtime work in cases not covered by Part 2 of Art. 99 (Part 4 of Article 99 of the Labor Code of the Russian Federation);

3) dividing the working day into parts so that the total duration of working time does not exceed the established duration of daily work. Such a division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected trade union body of this organization (Article 105 of the Labor Code of the Russian Federation);

4) determining the procedure and conditions for paying employees (with the exception of employees receiving a salary or official salary) for non-working holidays on which they were not involved in work, additional remuneration (part 3 of article 112 of the Labor Code of the Russian Federation);

5) attraction of employees to work on non-working holidays in cases not provided for in Part 2 of Art. 113 (part 3 of article 113 of the Labor Code of the Russian Federation);

6) establishment, taking into account the production and financial capabilities of the employer additional holidays for employees (Part 2 of Article 116 of the Labor Code of the Russian Federation);

7) approval of the vacation schedule (Part 1 of Article 123 of the Labor Code of the Russian Federation);

8) the establishment of specific amounts of increased wages for workers employed in hard work, work with harmful and (or) dangerous and other special working conditions (Article 147 of the Labor Code of the Russian Federation);

9) the introduction of measures to prevent mass layoffs of workers (part 4 of article 180 of the Labor Code of the Russian Federation);

10) approval of labor protection rules and instructions for employees, labor protection rules and instructions for employees (paragraph 22 of part 2 of article 212 of the Labor Code of the Russian Federation);

11) the establishment of norms for the free issue of special clothing, special footwear and other personal protective equipment to employees, which, in comparison with standard norms, improves the protection of employees from harmful and (or) dangerous factors present at the workplace, as well as special temperature conditions or pollution (Part 2 of Article 221 of the Labor Code of the Russian Federation);

12) approval of the procedure for applying the rotational method (part 4 of article 297 of the Labor Code of the Russian Federation);

13) an increase in the duration of the shift up to 3 months (part 2 of article 299 of the Labor Code of the Russian Federation);

14) approval of the shift work schedule (Part 1 of Article 301 of the Labor Code of the Russian Federation);

15) the establishment of an allowance for the rotational method of work (part 4 of article 302 of the Labor Code of the Russian Federation);

16) determination of the amount, conditions and procedure for reimbursement of expenses for paying the cost of travel and baggage transportation to the place of use of the vacation and back for persons working in organizations that are not related to public sector located in the regions of the Far North and areas equated to them (part 8 of article 325 of the Labor Code of the Russian Federation);

17) determination of the amount, conditions and procedure for reimbursement of expenses associated with relocation to persons working for employers who are not related to the public sector, located in the regions of the Far North and areas equivalent to them (part 5 of article 326 of the Labor Code of the Russian Federation).

Consideration of the opinion of the elected body of the primary trade union organization is also required when adopting a number of local acts and decisions that apply to certain categories of workers. Such cases include:

Adoption of local regulations establishing the specifics of regulating the work of athletes, coaches (part 3 of article 348.1 of the Labor Code of the Russian Federation).

The procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting local regulations

The employer, in cases where the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, the collective agreement, agreements establish the need to take into account the reasoned opinion of the elected body of the primary trade union organization, before making a decision, sends the draft local regulatory act and the rationale for it to the elected body of the primary trade union organization. trade union organization representing the interests of all or the majority of workers.

The elected body of the primary trade union organization, no later than five working days from the date of receipt of the draft of the specified local regulatory act, sends the employer a reasoned opinion on the draft in writing.

If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local normative act or contains proposals for its improvement, the employer may agree with it or is obliged to conduct additional consultations with the elected body of the primary trade union organization of workers within three days after receiving the reasoned opinion in order to reach a mutually acceptable solution.

If agreement is not reached, the disagreements that have arisen are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the appropriate state labor inspectorate or court. The elected body of the primary trade union organization also has the right to initiate the procedure of a collective labor dispute in the manner prescribed by this Code.

Upon receipt of a complaint (application) from the elected body of the primary trade union organization, the State Labor Inspectorate is obliged to conduct an inspection within one month from the date of receipt of the complaint (application) and, if a violation is found, issue to the employer an order to cancel the specified local normative act, which is mandatory for execution.

Local regulations adopted without observing the procedure for taking into account the opinion of the representative body of employees established by Article 372 of the Labor Code of the Russian Federation are not subject to application.

It is also necessary to mention the procedure for taking into account the reasoned opinion of the elected body of the primary trade union organization when terminating the employment contract at the initiative of the employer, which is necessary when deciding on the possible termination of the employment contract in accordance with paragraphs 2, 3 or 5 of the first part of Article 81 of the Labor Code of the Russian Federation (reduction in the number or staff of employees of an organization, an individual entrepreneur, inconsistency of an employee with a position held or work performed due to insufficient qualifications, confirmed by the results of certification; repeated failure by an employee without good reason to perform labor duties, if he has a disciplinary sanction) with an employee who is a member of a trade union, the employer sends to an elected body the relevant primary trade union organization a draft order, as well as copies of the documents that are the basis for the adoption of this decision.

The elected body of the primary trade union organization, within seven working days from the date of receipt of the draft order and copies of documents, considers this issue and sends its reasoned opinion to the employer in writing. An opinion not submitted within seven days is not taken into account by the employer.

If the elected body of the primary trade union organization has expressed disagreement with the proposed decision of the employer, it shall, within three working days, hold additional consultations with the employer or his representative, the results of which are drawn up in a protocol. If there is no general agreement on the results of consultations, the employer, after ten working days from the date of sending the draft order and copies of documents to the elected body of the primary trade union organization, has the right to make a final decision, which can be appealed to the relevant state labor inspectorate. The State Labor Inspectorate, within ten days from the date of receipt of the complaint (application), considers the issue of dismissal and, if it is recognized as illegal, issues an obligatory order to the employer to reinstate the employee at work with payment for forced absenteeism.

Compliance with the above procedure does not deprive the employee or the elected body of the primary trade union organization representing his interests of the right to appeal the dismissal directly to the court, and the employer to appeal to the court the order of the state labor inspectorate.

The employer has the right to terminate the employment contract no later than one month from the date of receipt of a reasoned opinion of the elected body of the primary trade union organization. In the specified period, periods of temporary disability of the employee, his stay on vacation and other periods of absence of the employee when he retains his place of work (position) are not counted.

As you understand, taking into account the opinion of the representative body of workers or the elected body of the primary trade union organization in the context of the above provisions of labor legislation has a somewhat limited meaning: firstly, if the organization does not have a primary trade union organization that unites more than half of the employees or a representative body of workers, then the employer has the right adopt any local regulations independently (letter of Rostrud 08.12.2008 N 2742-6-1); secondly, the employer may not take into account the opinion of the representative body of workers or the elected body of the primary trade union organization and issue local regulations in accordance with their understanding, which leads to the emergence of collective labor disputes and lawsuits.

True, the Labor Code of the Russian Federation contains in Article 8 a provision that the Collective Agreement and agreements may provide for the adoption of local regulations in agreement with the representative body of workers. This proposition does not solve the first problem we have cited, but it does solve the second.

Representatives of employees have the right to receive information from the employer on:

— reorganization or liquidation of the organization;

- introduction of technological changes, entailing a change in the working conditions of workers;

— training and additional professional education of employees;

- on other issues stipulated by the Labor Code, the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity", the constituent documents of the organization, the collective agreement, agreements.

Representatives of employees also have the right to submit appropriate proposals on these issues to the management bodies of the organization and participate in meetings of these bodies when they are considered.

Local level

Collective bargaining is one of the most important forms of social partnership, the preparation and conclusion of collective agreements and agreements that ensure effective social protection of workers, and the resolution of a collective labor dispute. Any party can initiate them by notifying the other party in writing, which is obliged to enter into negotiations within 7 days, sending a response indicating its representatives and their powers. The date of commencement of negotiations will be the day following the receipt of the reply.

If the initiator was one of the primary trade union organizations of the enterprise or another representative of employees, it is obliged to notify the other trade union organizations and employees of the initiation of negotiations and within 5 days to form a representative body (on a proportional basis) or include their representatives in the existing one. The accession of these organizations and workers is a voluntary matter, but within a month from the day the negotiations began, they can send their representatives to the negotiations that began without them.

The term for the parties to provide each other with the information necessary for negotiations is 2 weeks from the date of the official request. The regimes of state, military, commercial, banking secrecy regarding the requested information remain in effect.

The terms, place and procedure for conducting collective negotiations are determined by the representatives of the parties who are participants in these negotiations (Article 37 of the Labor Code of the Russian Federation).

The parties participating in the negotiations are given complete freedom in choosing and discussing the issues that make up the content of the collective agreement, agreement. If during the negotiations the parties could not agree on all the issues under consideration or on some of these issues, they draw up a protocol of disagreements.

Guarantees and compensations to participants in collective bargaining are established by Article 39 of the Labor Code of the Russian Federation. According to it, these persons, when preparing a draft collective agreement, agreement, are released from their main work with the preservation of average earnings for a period determined by agreement of the parties, but not more than three months.

All costs associated with participation in collective bargaining are compensated in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement or agreement. Payment for the services of experts, specialists and intermediaries is made by the inviting party, unless otherwise provided by the collective agreement, agreement.

Representatives of employees participating in collective bargaining, during the period of their conduct, cannot be subjected to disciplinary action, transferred to another job or dismissed at the initiative of the employer, without the prior consent of the body that authorized them to represent, with the exception of cases of termination of the employment contract for misconduct, for who, in accordance with this Code and other federal laws, provides for dismissal from work.

The collective agreement as a legal act regulates social and labor relations in the organization along with laws, other regulatory legal acts of the Russian Federation and subjects of the Russian Federation, agreements. Its content should not contradict laws, other normative legal acts and agreements. If the individual labor contract establishes rules that improve the position of the employee, then these rules replace the provisions of the collective agreement in the individual regulation and act directly.

In accordance with Art. 41 of the Labor Code of the Russian Federation, the content and structure of the collective agreement, as well as the procedure for its development and adoption, are determined by the parties in accordance with the provisions of the Labor Code of the Russian Federation and other federal laws. As a rule, the general provisions of the collective agreement define: the parties to the collective agreement and the appointment that serves as the basis for its conclusion, the subject of the collective agreement. It is recommended to include in the general provisions of the collective agreement the principles of concluding a collective agreement, to determine its scope.

The subject matter of a collective agreement may relate to the following issues:

- forms, systems and amounts of remuneration;

- payment of allowances, compensations;

— a mechanism for regulating wages, taking into account price increases, inflation rates, and meeting the targets set by the collective agreement;

- employment, retraining, conditions for the release of workers;

- working time and rest time, including issues of granting and duration of holidays;

— improving the working conditions and labor protection of workers, including women and youth;

— observance of the interests of employees in the privatization of state and municipal property;

— environmental safety and health protection of workers at work;

— guarantees and benefits for employees who combine work with education;

— health improvement and recreation for employees and their families;

- control over the implementation of the collective agreement, the procedure for making changes and additions to it, the responsibility of the parties, ensuring normal conditions for the activities of employee representatives, the procedure for informing employees about the implementation of the collective agreement;

- Refusal to strike when the relevant conditions of the collective agreement are met;

- other issues determined by the parties.

The collective agreement, taking into account the financial and economic situation of the employer, may establish benefits and benefits for employees, working conditions that are more favorable in comparison with established laws, other regulatory legal acts, agreements.

At the same time, collective agreements cannot include conditions that reduce the level of rights and guarantees of employees established by labor legislation, and if such conditions are contained in a collective agreement, they cannot be applied (Article 9 of the Labor Code of the Russian Federation).

The final provisions usually contain indications of the duration of the collective agreement, as well as the procedure for amending and supplementing the agreement and the procedure for resolving disagreements between the parties. Changes and additions to the collective agreement are made in the manner prescribed by this Code for its conclusion, or in the manner established by the collective agreement.

The duration of the collective agreement is a maximum of 3 years. Its action can be extended for another three years an unlimited number of times. When changing the form of ownership of the organization, the collective agreement remains valid for three months from the date of transfer of ownership.

The collective agreement remains valid in cases of changing the name of the organization, changing the type of state or municipal institution, reorganizing the organization in the form of transformation, as well as terminating the employment contract with the head of the organization.

When an organization is reorganized in the form of a merger, accession, division, spin-off, the collective agreement shall remain in effect throughout the entire period of reorganization. When reorganizing or changing the form of ownership of an organization, any of the parties has the right to send proposals to the other party on the conclusion of a new collective agreement or the extension of the old one for up to three years.

In the event of liquidation of an organization, the collective agreement shall remain in effect throughout the entire period of liquidation.

Other levels

Agreements in accordance with Article 45 of the Labor Code of the Russian Federation are concluded at a higher level than the level of the organization, and, accordingly, extend their effect to several employers.

The agreement may include mutual obligations of the parties on the following issues:

- salary;

— working conditions and labor protection;

- modes of work and rest;

— development of social partnership;

- other issues determined by the parties.

Depending on the scope of regulated social and labor relations, general, interregional, regional, sectoral (intersectoral), territorial and other agreements may be concluded.

Agreements by agreement of the parties participating in collective bargaining may be bilateral and tripartite. In tripartite agreements, in addition to employees and employers, the parties are state authorities and local governments. The development of agreements is carried out in commissions, which are formed in accordance with the relevant legislation. For example, the Moscow tripartite commission for the regulation of social and labor relations was created by the Law of the city of Moscow "On social partnership in the city of Moscow", the commission includes 15 people from each of the parties to the social partnership, appointed or elected by the parties in accordance with their own regulations. The Commission in its activities is based on the Regulations on the Moscow Trilateral Commission for the Regulation of Social and Labor Relations and the Regulations for the Work of the Moscow Tripartite Commission for the Regulation of Social and Labor Relations.

Activities are built on the basis of annually approved plans. Forms of activity and bodies of the commission are its meeting and working groups. Permanent and temporary working groups of the Commission are formed at the suggestion of the parties to organize control over the fulfillment of the obligations of the Moscow tripartite agreement and decisions of the Commission, prepare materials necessary for considering issues submitted to its meetings, discuss draft laws and other regulatory legal acts, and conduct consultations on other issues .

The commission is headed by 3 co-chairs, representing each of the parties of the social partnership, and each of the parties appoints one of the three coordinators of the Commission, performing the functions of deputy co-chairs of the Commission, as well as coordinating, consulting, organizational and control functions.

The apparatus of the Commission is actually its secretariat of 6 people, 2 from each side.

The conclusion and modification of agreements requiring budgetary financing, as a general rule, are carried out by the parties before the preparation of the draft of the corresponding budget for the financial year relating to the term of the agreement.

The procedure for negotiating the conclusion of the Moscow tripartite agreement is established in section 10 of the Regulations. Negotiations on the conclusion of the Moscow tripartite agreement are held in two stages:

- preparatory (within the framework of working group);

- final (at a meeting of the Commission).

Negotiations are carried out on the basis of a draft agreement prepared by the trade union side, and a protocol of disagreements formed by the Secretariat, taking into account the proposals and comments received from all parties. The draft agreement is sent by the trade union side to the government side and the side of the employers no later than 75 calendar days before the date of the first meeting of the working group.

The collection of proposals (new clauses) and comments to the draft agreement is terminated 45 calendar days before the date of the first meeting of the working group. Based on the proposals and comments received, the Secretariat prepares a preliminary protocol of disagreements within seven days and sends it to the parties. The collection of comments and proposals to the preliminary protocol of disagreements is terminated 10 calendar days before the date of the first meeting of the Commission's working group.

Suggestions and comments are sent to the head of the working group from the government side. Suggestions and comments are made:

— by the Government of Moscow (generalized opinion of sectoral, functional and territorial executive authorities of the city of Moscow (according to the list determined by the coordinator of the government side));

— Moscow Confederation of Industrialists and Entrepreneurs (Employers) (generalized opinion of employers' associations participating in the negotiations);

— Moscow Federation of Trade Unions (generalized opinion of trade union associations taking part in the negotiations);

- Members of the Commission.

Proposals and comments to the draft agreement are drawn up in writing and must contain the wording of the new clause of the agreement or the number of the clause to which they are introduced, the precise essence of the proposed proposal (exclude, change the responsible party (to which), move to another section (which), change the wording (exact wording new edition)). Comments must contain a statement of the reasons for their introduction.

Based on the submitted proposals and comments, the Secretariat forms a working protocol of disagreements and brings it to the attention of the leaders of the working group at least 2 calendar days before the date of the first meeting of the working group.

Negotiations at the preparatory stage are conducted according to the working protocol of disagreements, which is prepared by the Secretariat for each meeting of the working group, taking into account adjustments following the results of the previous meeting.

The working protocol of disagreements should contain: the number and initial wording of the clause of the agreement, the wording of all proposed changes, indicating the initiator of their introduction. The working protocol of disagreements is formed on the basis of the comments officially submitted within the time limits established by these Regulations and the protocol of the meeting of the working group and is not endorsed by the parties.

Minutes are kept during each meeting of the working group.

The protocol must contain: the number of the clause of the agreement on which the discussion was held and the essence of the decision made (delete, accept in the wording ..., leave in the protocol of disagreements).

The minutes of the meeting of the working group may contain references to the wording of the points formulated in the minutes of disagreements.

The minutes of the meeting of the working group are endorsed by the leaders of the working group and kept in the Secretariat until the signing of the agreement.

The parties have the right to request and keep a copy of the minutes of the meeting of the working group.

The protocol of disagreements submitted to the meeting of the Commission (the official protocol of disagreements) must contain the number of the item on which the disagreements arose, and the proposed wording, indicating the parties that formulated them. The official protocol of disagreements is endorsed by the leaders of the working group. (The form of the protocol of disagreements is given in Appendix 5 to the Regulations.)

Negotiations within the framework of the working groups must be completed no later than 15 calendar days before the date of the Commission's meeting to discuss the draft agreement, appointed in accordance with the Commission's work plan.

The Commission has the right to notify employers who are not members of the association of employers conducting collective negotiations on the development of a draft agreement and the conclusion of an agreement about the start of collective negotiations, and also to offer them forms of possible participation in collective negotiations. Employers who have received the said notification are obliged to inform the elected body of the primary trade union organization uniting the employees of this employer about this.

The draft agreement, taking into account the amendments made as a result of the negotiations at the meeting of the working group, and the protocol of disagreements (if any) are sent by the Secretariat to the members of the Commission no later than 10 calendar days before the date set in accordance with the work plan for the Commission to discuss the draft agreement.

The discussion of the draft agreement at the meeting of the Commission is carried out in the manner prescribed by these Regulations for the main issues on the agenda.

If there is a protocol of disagreements on the clauses of the agreement related to the volume of budget financing, which are finally established after the adoption of the budget by the Moscow City Duma, the Commission may decide to continue negotiations at the working level in order to take comprehensive measures to agree on the positions of the parties.

The final approval of the protocol of disagreements and the signing of the addendum to the agreement must be completed before the budget is adopted by the Moscow City Duma and before the beginning of the year the agreement enters into force.

The agreement is adopted by a simple majority of votes of each of the parties at a meeting of the Commission, the quorum of which is 2/3 of the total number of participants.

The development of the draft Moscow tripartite agreement is completed with the adoption by the Commission of a decision on its approval. From the moment the Commission decides to approve the draft Moscow tripartite agreement, unilateral additions and changes to its text are not allowed.

The originals of the agreement within 7 days from the date of signing are sent by the Secretariat of the Commission for notification registration to the authorized body of the Government of Moscow, after which they are sent to the parties for storage.

If necessary, the Commission may make changes and additions to the concluded agreement in the prescribed manner.

The text of the agreement, as well as other decisions of the Commission, are published in the official media of the parties.

The term of the agreement is a maximum of 3 years from the date of its signing by the parties or from the date established by the agreement, and can be extended once for another three years.

The collective agreement, agreement, within seven days from the date of signing, is sent by the employer, the representative of the employer (employers) for notification registration to the relevant labor body. Sectoral (intersectoral) agreements concluded at the federal level of social partnership, interregional agreements are registered by the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, regional and territorial agreements - relevant executive authorities of the constituent entities of the Russian Federation. The laws of the constituent entities of the Russian Federation may provide for the possibility of vesting local self-government bodies with the authority to register collective agreements and territorial agreements. The role of enrollment, which within seven days in notification procedure sent signed by the parties to the collective agreement or agreement lies in the fact that in its process an examination is carried out of the compliance of the content of the collective agreement with those minimum social norms which are established by the state in normative acts.

The agreement applies to employees and employers whose representatives have developed and concluded it on their behalf, to state authorities and local governments within the limits of their obligations, as well as to employees and employers who acceded to the agreement after its conclusion.

The agreement applies to all employers who are members of the association of employers that has concluded the agreement. Termination of membership in such an association does not release the employer from the performance of the agreement concluded during the period of his membership. An employer who has joined an association of employers during the term of the agreement is obliged to fulfill the obligations stipulated by this agreement.

There is also a mechanism for joining existing agreements implemented for industry agreements at the federal level. As Art. 48 of the Labor Code of the Russian Federation, at the suggestion of the parties to an industry agreement concluded at the federal level, the head of the federal executive body responsible for developing state policy and legal regulation in the field of labor has the right, after the publication of the agreement, to invite employers who did not participate in the conclusion of this agreement to join to this agreement. This proposal is subject to official publication and must contain information about the registration of the agreement and the source of its publication.

If employers operating in the relevant industry, within 30 calendar days from the date of official publication of the proposal to join the agreement, have not submitted to the federal executive body in charge of developing state policy and legal regulation in the field of labor, a reasoned written refusal to join to it, the agreement is considered extended to these employers from the date of the official publication of this proposal. The protocol of consultations of the employer with the elected body of the primary trade union organization uniting the employees of this employer must be attached to the said refusal.

If the employer refuses to join the agreement, the head of the federal executive body responsible for developing state policy and legal regulation in the field of labor has the right to invite representatives of this employer and representatives of the elected body of the primary trade union organization uniting employees of this employer for consultations with the participation of representatives of the parties to the agreement. Representatives of the employer, representatives of employees and representatives of the parties to the agreement are required to participate in these consultations.

The procedure for publishing agreements concluded at the federal level and joining them is established by Order of the Ministry of Health and Social Development of Russia dated April 12, 2007 N 260. It is as follows: federal Service on labor and employment within 3 calendar days from the date of registration of the agreement (changes and additions to it) sends the text of the agreement and information about its registration to the Ministry of Health and social development of the Russian Federation for publication on the official website of the Ministry (www.minzdravsoc.ru) and publication in the journal Okhrana i Ekonomika truda, as well as for publication in the journal Industrialnik of Russia and the newspaper Solidarity. After being published in the journal “Protection and Economics of Labor” and posted on the official website of the Ministry (www.minzdravsoc.ru), the parties to the agreement have the right to invite the Minister of Health and Social Development of the Russian Federation to contact employers operating in the relevant industry and not participating in the conclusion of the agreement, with an offer to join.

Operating principles

The principles regarding the operation of collective agreements and agreements are established by the ILO Conventions and labor legislation. They can be summarized in the following paragraphs:

1. The collective agreement has priority over the individual agreement.

2. The norms of an individual labor contract have priority over the norms of a collective one only if they improve the position of the employee.

3. The effect of the collective agreement applies to all employees of the organization, individual entrepreneur, and the effect of the collective agreement concluded in a branch, representative office or other separate structural subdivision of the organization - to all employees of the relevant subdivision.

4. In cases where several agreements are in force simultaneously with respect to employees, the conditions of the agreements that are most favorable for employees are applied.

5. The agreement applies to:

A) all employers who are members of the association of employers that has concluded the agreement. Termination of membership in an association of employers does not release the employer from the performance of the agreement concluded during the period of his membership. An employer who has joined an association of employers during the period of validity of the agreement is obliged to fulfill the obligations stipulated by this agreement;

B) employers who are not members of the association of employers that concluded the agreement, who authorized the said association on their behalf to participate in collective negotiations and conclude an agreement or joined the agreement after its conclusion;

B) public authorities and local governments within the limits of their obligations;

D) in relation to employers - state bodies, local governments, state or municipal institutions, state or municipal unitary enterprises the agreement is also valid if it is concluded on their behalf by authorized government agency or local government;

D) in relation to all employees employed by the above employers.

Control and responsibility

Control over the execution of the collective agreement, the agreement is assigned to the parties to the social partnership, their representatives and the relevant labor authorities. During the control, the representatives of the parties are obliged to provide each other, as well as the relevant labor authorities, with the information necessary for this no later than one month from the date of receipt of the relevant request.

Control measures can be established both in the agreements and collective agreements themselves, and in laws regulating issues of social partnership and the creation of commissions for the regulation of social and labor relations, in the provisions and regulations of the latter. For example, the Rules of Procedure of the Moscow Trilateral Commission for the Regulation of Social and Labor Relations states that questions about the results of the implementation of the Moscow Tripartite Agreement and the decisions adopted by the Commission are submitted to the Commission at least twice a year.

Responsibility for avoiding participation in collective negotiations, failure to provide information necessary for conducting collective negotiations and monitoring compliance with a collective agreement, agreement, as well as for violation or non-fulfillment of a collective agreement, agreement is established by the Code of Administrative Offenses.

Article 5.28 of the Code of Administrative Offenses of the Russian Federation for evading the employer or a person representing him from participating in negotiations on the conclusion, amendment or addition of a collective agreement, agreement or violation of the statutory deadline for negotiations, as well as failure to ensure the work of the commission for the conclusion of a collective agreement, agreement within certain by the parties, the terms shall entail a warning or the imposition of an administrative fine in the amount of 1,000 to 3,000 rubles.

Failure by the employer or the person representing him to provide, within the period established by law, the information necessary for conducting collective bargaining and monitoring compliance with the collective agreement, agreement, entails, in accordance with Article 5.29 of the Code of Administrative Offenses of the Russian Federation, a warning or an administrative fine in the amount of 000 rubles.

Article 5.30 of the Code of Administrative Offenses of the Russian Federation in the event of an unreasonable refusal of the employer or a person representing him to conclude a collective agreement, agreement entails a warning or the imposition of an administrative fine in the amount of 3,000 to 5,000 rubles.

It also establishes liability in the form of a warning or the imposition of an administrative fine in the amount of 3,000 to 5,000 rubles for violation or non-fulfillment by the employer or a person representing him of obligations under a collective agreement, agreement (Article 5.31 of the Code of Administrative Offenses of the Russian Federation).

Evasion of the employer or his representative from receiving the claims of employees and from participating in conciliation procedures, including the failure to provide premises for holding a meeting (conference) of employees in order to put forward demands or creating obstacles to holding such a meeting (such a conference), in accordance with Article 5.32 of the Code of Administrative Offenses of the Russian Federation, entails the imposition an administrative fine in the amount of 1,000 to 3,000 rubles.

Article 5.33 of the Code of Administrative Offenses of the Russian Federation establishes administrative liability in the form of a fine in the amount of 2,000 to 4,000 rubles for failure by the employer or his representative to fulfill obligations under the agreement reached as a result of the conciliation procedure.

Finally, Article 5.34 of the Code of Administrative Offenses of the Russian Federation threatens with an administrative fine in the amount of 4,000 to 5,000 rubles for the dismissal of employees in connection with a collective labor dispute and a strike.

Parties of social partnership in the sphere of labor - these are representatives of employees and employers, interacting, respectively, in the interests of each of the parties in the field of their mutual cooperation. Let's take a closer look at what they are.

The concept and meaning of social partnership in labor law

Labor law is based on the direct interaction of 2 parties: the employee and the employer. However, the implementation of such interaction is expected in a wider area than just contractual relations. According to Art. 23 of the Labor Code of the Russian Federation, it is based on the mutual cooperation of the participants, aimed at coordinating their interests in the field of the main subject of their main relationship, with the possibility of involving a third party (government agencies) if necessary.

The defining tasks of mutual cooperation, called social partnership, are:

• to harmonize the actions of the parties on labor law issues;
• ensuring compliance with labor laws;
• search for solutions aimed at improving the efficiency of the employing organization and the interest of employees in more productive work that does not infringe on the interests of any of the parties.

This is done by:

• conducting collective bargaining and creating collectively developed documents;
• formation of permanently functioning commissions, which can be both 2-sided and 3-sided;
• implementation of mutual consultations and exchange of information;
• involvement of employees in the process of managing the activities of the employer;
• participation of representatives of the parties in the procedure for resolving individual and collective disputes on labor issues.

Interaction in the field of social partnership, like any other significant relationship, is regulated by law, and a special section of the Labor Code of the Russian Federation (section II) is devoted to this issue.

Principles, levels and forms of social partnership

Partnership implies, first of all, the presence of powers and equal rights of the parties and is based on their mutual:

• respect;
• interest;
• law-abiding;
• responsibility;
• freedom to discuss issues, make decisions and make commitments;
• responsibilities for the implementation of the decisions made and the implementation of control over this.

The state should contribute to the support and development of the democratic foundations of social partnership (Article 24 of the Labor Code of the Russian Federation).

Depending on the composition of the participants and the significance of the issue, the developed decisions (documents adopted on them) may arise at various levels (Article 26 of the Labor Code of the Russian Federation): from federal (legislative, sectoral, intersectoral) to local (valid within one organization). Federal, regional and territorial levels involve the creation of documents such as laws or agreements of the appropriate level and coverage of stakeholders. local act is a collective agreement.

The forms of interaction are also diverse, in the choice of which the parties are quite free, and none of these forms is mandatory for the parties. It can be:

• development of documents;
• making decisions;
• negotiation;
• consultations;
• exchange of information;
• creation of commissions, committees, 3-party bodies.

The basis of the process is negotiation. Participation in them from each of the parties can take as sole member, and their team (a group of employers or representatives of employees). Both parties have the right to initiate the process on their own initiative (Article 36 of the Labor Code of the Russian Federation).

Parties and bodies interacting in the social partnership

The parties to social partnership are primarily employees and employers (Article 25 of the Labor Code of the Russian Federation). Government agencies can act as employers or third parties. When they are a third party, the possibility of their participation in the social partnership should be directly provided for in the Labor Code of the Russian Federation or laws of the corresponding level. They may be:

• Government of the Russian Federation;
• Ministry of Labor of the Russian Federation;
• the government or administration of the region;
• employment agency.

Each of the parties nominates for interaction in all necessary procedures its representatives, endowed with appropriate powers. These powers may arise from:

• law;
• other normative act;
• constituent documents;
• special solution.

Each representative must be able to document their authority.

From the representatives of the parties, the main bodies of the social partnership are formed: commissions of the appropriate level (from federal to local), which carry out the main procedures for interaction between the parties. Most often, their work ends with the development of the text of a document. If there are disagreements on it, an appropriate protocol is drawn up about this, and further settlement of unresolved issues is carried out through a sequence of special procedures (Chapter 61 of the Labor Code of the Russian Federation):

• the work of the conciliation commission;
• involvement of an intermediary;
• appeal to labor arbitration.

Commissions are formed from an equal number of representatives of each side and may be permanent.

Employee representatives

The interests of employees in the social partnership are:

• trade union bodies - most often;
• non-union elected bodies.

On behalf of the trade union, the head of the relevant trade union body usually acts, authorized to do so by its current constituent or organizational and administrative documents.

Depending on the level at which the social partnership is carried out, the trade union body of the appropriate scale also takes part in it:

• all-Russian;
• regional;
• sectoral or intersectoral;
• local, represented by the primary trade union organization.

United (all-Russian, regional, sectoral, intersectoral) bodies are created by including in them a proportional number of representatives of each trade union or by delegating powers to the most representative of them. It is assumed that the representatives of several groups of employees participating in the negotiations develop a unified position on the issues in respect of which collective negotiations are conducted, and are actually represented by a single body.

The primary trade union organization may be a representative of not only the employees who are its members, even without special granting of appropriate powers to it. The Labor Code of the Russian Federation (Article 37) obliges such representation in matters of collective bargaining, disputes, in the development of a collective agreement, when:

• more than half of all workers are members of the trade union organization;
• there are several trade unions and they have formed a single body representing the interests of the majority of workers;
• the general meeting of workers instructed the trade union organization to negotiate on behalf of their entire team.

Non-trade union elected body elected at the general meeting of members labor collective, is formed in the following cases:

• lack of trade union organization;
• the presence of several trade union bodies, in which (individually or jointly) less than half of the employees are members, when none of these bodies is entrusted with representation on behalf of the collective.

Employers' representatives

An ordinary employer for the purposes of social partnership is most often represented by:

• the head of the organization;
• employer-IP;
• persons authorized by them.

However, it is possible to represent the interests of the employer:

• members of the board or board of directors;
• managing organization;
• external or bankruptcy trustee;
• leader separate subdivision to whom such authority has been delegated;
• state body (ministry) - for employers that are state or municipal bodies, institutions, enterprises.

A partial transfer of authority is also allowed, when a representative appointed by the head participates in the development of the document, and the head himself makes the final decision on this document.

When a body is formed that operates at higher levels, assuming the representation of the interests of a group of employers, they unite for these purposes into appropriate non-profit organizations. Such associations can be (Article 4 of the Law "On Associations of Employers" dated November 27, 2002 No. 156-FZ):

• all-Russian and all-Russian sectoral (intersectoral);
• interregional and interregional sectoral (intersectoral);
• regional and regional sectoral (intersectoral);
• territorial and territorial sectoral (intersectoral).

These associations are legally independent in their actions and are not subject to interference in their activities by state authorities (Article 6 of the Law “On Employers' Associations” dated November 27, 2002 No. 156-FZ).

The absence of direct participation of the employer in the association is allowed, but with the possibility of delegating the right to represent his interests by this association.

Agreements signed by the association of employers related to social partnership are binding for (Article 48 of the Labor Code of the Russian Federation):

• all members of this association;
• employers who authorized the association to represent their interests;
• employers who did not participate directly or indirectly in the development of the agreement, but joined it after its signing.

In permanent 3-party commissions for the regulation of social and labor relations, created at the federal level, employers can only be represented by their associations (Article 35 of the Labor Code of the Russian Federation).

Participation of the state in the social partnership

The state in the social partnership is assigned quite important roles that oblige it to:

• to help strengthen and develop this process;
• participation in the work of 3-party commissions.

The first of these roles is to develop the legislative framework needed to:

• to regulate the issues of interaction between the parties in the social partnership;
• ensuring the existence of guarantees for persons participating in collective bargaining;
• establishing liability for violators of interaction procedures and non-fulfilment of collective agreements.

At the same time, the state is not always directly involved in the relationship between employees and employers. His participation in agreements financed from the budget is mandatory, and in all other cases, the 2 main parties to the social partnership can decide for themselves whether such involvement is necessary (Article 45 of the Labor Code of the Russian Federation).

The second role allows, focusing on the real interests of society, to make important legislative decisions at all existing levels. The state in this capacity is a third independent party to the negotiations, whose tasks include:

• protecting the interests of society as a whole;
• taking into account different opinions in the development of state policy;
• adoption of motivated legislative and managerial decisions.

Guarantees for employee representatives

The legislation obliges the employer to create conditions for the possibility of carrying out activities within the framework of social partnership for representatives of employees (Article 32 of the Labor Code of the Russian Federation). In relation to the trade union body, there is an obligation to provide it free of charge (Article 377 of the Labor Code of the Russian Federation):

• a room suitable for office work in it;
• necessary equipment, means of communication, documents;
• the possibility of posting information about ongoing activities.

Employees authorized to participate in negotiations on behalf of the team have the right to (Article 39 of the Labor Code of the Russian Federation):

• release from the main job for the period of negotiations, but not more than 3 months;
• maintaining a job and average salary for this period;
• compensation for all costs incurred in connection with participation in the negotiations, including the payment for the services of invited third-party specialists, if such a condition is contained in the agreement concluded as a result of the negotiations;
• bringing to disciplinary responsibility, transfer to another job or dismissal at the initiative of the employer only in agreement with the team (body) that authorized them to be a representative, if the disciplinary offense is not gross, allowing dismissal for its commission.

Responsibility for non-performance of functions by representatives

The Labor Code of the Russian Federation provides for administrative responsibility for representatives of both parties participating in the social partnership (Articles 54, 55 of the Labor Code of the Russian Federation). However, the texts of the relevant paragraphs of the Code of Administrative Offenses of the Russian Federation refer only to representatives of the employer, who in the following cases faces either a warning or a fine, which can amount to:

• in case of evasion from participation in negotiations on a collective agreement or failure to meet the deadlines for its conclusion - up to 3,000 rubles. (Article 5.28 of the Code of Administrative Offenses of the Russian Federation);
• in case of unlawful refusal to sign a document developed as a result of negotiations - up to 5,000 rubles. (Article 5.30 of the Code of Administrative Offenses of the Russian Federation);
• in case of failure to provide information necessary for negotiations or control over the implementation of the adopted collective document - up to 3,000 rubles. (Article 5.29 of the Code of Administrative Offenses of the Russian Federation);
• in case of violation of the obligations imposed on representatives by the adopted collective document, — up to 5,000 rubles. (Article 5.31 of the Code of Administrative Offenses of the Russian Federation).

Thus, in fact, only the employer can be held liable for evading participation in the social partnership.

Results

Social partnership is an important component of the interaction between employees and employers, which are the main parties to this process, which allows expanding the boundaries of their mutual participation in the activities carried out by employers. In certain situations, social partnership acquires special significance for the level of public administration, and then the state becomes the third participant in the negotiations carried out within the framework of social partnership.