Labor relations on social partnership. What is social partnership in the sphere of work. Bodies of social partnership

Social partnership is a complex social phenomenon, the understanding of which in different aspects(socio-political, economic, legal, etc.) leads to the formulation of its various concepts.

From the variety of social partnership relations, the Labor Code of the Russian Federation singles out relations in the sphere of labor and formulates a legal separation of the concept of "social partnership".

Social partnership in the sphere of labor is a system of relations between employees (representatives of employees), employers (representatives of employers), bodies state power, 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(part 1).

If we formulate the legal concept of social partnership, then the following should be added to the concept given in the Labor Code of the Russian Federation.

Regulated labor law relationships between the subjects of social partnership - employees (their representatives), employers (their representatives), public authorities, bodies local government become legal relations social partnership.

The subjects of social partnership in the sphere of labor are:

1) employees;

2) employers;

3) representatives of employees;

4) representatives of employers;

5) bodies of state (executive) power;

6) local self-government bodies.

The legal status of each of them differs in the rights belonging to them in the field of social partnership and the duties that lie with them.

Workers and employers - sides social partnership, acting through their authorized representatives, duly authorized (see), who are participants relations of social partnership. They act on behalf and in the interests of the represented party.

Also participants relations on social partnership are state authorities (more precisely - executive power) and local governments (also executive).

Executive authorities represent the state in social partnership relations. In this capacity, they perform a certain task: they defend the interests of the state, society, the subject of the Russian Federation in resolving issues related to the regulation of labor and directly related relations on a social partnership basis.

Local self-government bodies, being participants in social partnership relations, express and defend the interests of the municipality in these relations.

State authorities and local governments are parties to social partnership only in cases where they act as employers, as well as in other cases provided for by labor legislation (see part 2).

Since the representative acts on behalf of the represented and in his interests, he is not an independent party to the social partnership.

The state, represented by law-making bodies, determines the legal status of the parties and participants in social partnership relations, the procedure for exercising their rights and exercising obligations, i.e. governs these relations.

The state reserves the solution of issues that are most significant for employees and employers - the establishment of minimum social and labor guarantees, providing more and more scope for regulating labor and directly related relations on the basis of social partnership. In this regard, the role of establishing working conditions on the basis of agreements between employees and employers, ensuring the coordination of their interests in the sphere of work, is significantly increasing.

The legal norms governing social partnership relations, in their totality, constitute institutelabor law, of which the sub-institution of the collective agreement and agreements is a part.

The system of interrelated norms on social partnership contained in the Labor Code of the Russian Federation, other federal laws, laws of the constituent entities of the Russian Federation, by-laws, is legal basis social partnership in the sphere of labor.

Increasing the role and importance of social partnership as a way to regulate labor relations required the strengthening and expansion of its legal basis. As a result, for the first time the Labor Code of the Russian Federation included an expanded section II “Social partnership in the sphere of labor”. Moreover, it precedes other sections of the code, containing specific instructions regarding the state regulation of labor relations and their regulation through social partnership.

This section contains the most significant provisions on the legal regulation of social partnership relations, which, like a number of other social relations, are included in subject of labor law(cm. ).

Social partnership, being the basis for the contractual regulation of labor relations through collective agreements and agreements, is included in labor law method as one of its essential features.

Among the principles legal regulation labor and directly related relations are also called social partnership (see article 2 of the Labor Code).

Section II of the Labor Code of the Russian Federation is formed on the basis of previously adopted legislative acts of the federal and regional levels: the Law of the Russian Federation of March 11, 1992 “On collective agreements and agreements with amendments and additions made to it in 1995; Federal Law of January 12, 1996 "On trade unions, their rights and guarantees of activity"; laws on social partnership, on collective agreements and agreements adopted in many subjects of the Russian Federation.

Taken into account ILO Conventions No. 87 (1948) “On Freedom of Association and Protection of the Right to Organize”, No. 98 (1949) “On the Right to Organize and Collectively Bargain”, No. 135 (1971) “ On representatives of workers”, ILO Declaration on Fundamental Principles and Rights in the World of Work (1998) and other international instruments.

The Labor Code of the Russian Federation establishes provisions on social partnership that apply to the entire territory Russian Federation, for employers who are legal entities(organizations) and individuals - individual entrepreneurs. The amendments made to the Labor Code of the Russian Federation related to the inclusion of individual entrepreneurs in social partnership relations significantly expand the possibilities of collective-contractual regulation of labor relations and relations directly related to them. At the same time, the application of these provisions may have particularities in relation to state civil servants, municipal employees, employees of military and paramilitary bodies and tax police bodies, bodies of the penitentiary system, customs authorities and diplomatic missions of the Russian Federation. These features are established by federal laws (see).

After the entry into force of the Labor Code of the Russian Federation (February 1, 2002), these laws (as well as all other regulatory legal acts) can be applied insofar as they do not contradict the Code (see).

Basic principles of social partnership, those. the most significant fundamental ideas and provisions on which social partnership is based are formulated in.

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 the contractual relationship;

State assistance 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;

Power of representatives of the parties;

Freedom of choice when discussing issues within the scope of work;

Voluntary acceptance of obligations by the parties;

The reality of the obligations assumed by the parties;

Mandatory performance of adopted 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.

Social partnership as a system of relationships between employees and employers is carried out in various forms, the main of which are listed in.

Forms of social partnership are:

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

Mutual consultations (negotiations) on the issues of regulating labor relations and other relations directly related to them, ensuring guarantees of the employee's labor rights 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 pre-trial resolution labor disputes.

In addition, in practice, social partnership is carried out in other forms, determined by its parties and their representatives.

Forms of expression of social partnership and its result are collective agreements and agreements.

Bodies of social partnership recognized and are, first of all, commissions for the regulation of social and labor relations(cm. ). They were created to conduct collective negotiations, prepare draft collective agreements and agreements, and monitor their implementation. This is their main task.

Commissions are created by decision of the parties on an equal basis at all levels of social partnership from representatives of the parties endowed with the necessary powers - employees and employers.

Members of the commissions are specific individuals assigned to each of the parties to the social partnership. The allocation and authorization of representatives must be properly executed - by order (instruction) of the employer, the association of employers, the decision of the trade union body, the decision of the meeting (conference) of employees in cases where they are represented not by the trade union, but by another representative.

Bodies of social partnership (as well as the social partnership itself) are subdivided according to the levels: in the organization (local level), at the level of the territory, region, branch (sectors), all-Russian level. The creation of federal districts led to the emergence of an interregional level of social partnership.

Commissions are not in a subordination relationship. Each of them solves its problems at its own level. Its composition largely depends on the level of the social partnership body. At the all-Russian, regional, territorial levels, tripartite commissions are created from representatives of the parties and the relevant state or municipal body. At the sectoral (intersectoral) level, if necessary, tripartite commissions are also created from representatives of the parties and the state (municipal) body or bilateral commissions only from representatives of the parties.

At the federal level, a permanent Russian tripartite commission for the regulation of social and labor relations (RTK) has been established, the activities of which are carried out in accordance with the Federal Law of. On May 1, 1999, the RTK was established to ensure the regulation of social and labor relations, conduct collective bargaining and prepare a draft General Agreement. It includes representatives of federal state authorities (Government of the Russian Federation), all-Russian associations of trade unions, all-Russian associations of employers, which make up the relevant parties of the RTK. The coordinator of the Russian tripartite commission for the regulation of social and labor relations is appointed by the Decree of the President of the Russian Federation.

Permanent commissions have been established in the regions, as well as practically in all territories. The activities of commissions in the subjects of the Russian Federation are carried out in accordance with the laws of these subjects; territorial commissions - in accordance with the laws of these subjects of the Russian Federation, the regulations on these commissions, approved by the representative bodies of local self-government. What acts should regulate the activities of commissions at other levels, the Labor Code of the Russian Federation does not indicate. Regulations on sectoral (intersectoral) commissions in practice are approved by agreement of the representatives of the parties in these commissions.

At the local level, commissions are formed from representatives of the parties to conduct collective negotiations, prepare a draft collective agreement and conclude it. In cases where, in addition to the collective agreement common to all employees and the employer, the organization also concludes collective agreements in the branch (branches), representative office (representative offices) and other structural divisions of the organization, commissions for collective bargaining are created in the organization as a whole and in those divisions where the collective agreement is concluded. The duration of these commissions is determined by the time required for the preparation and conclusion of the collective agreement. In a number of organizations, the collective agreement provides for their permanent operation. At the same time, the tasks of the commission include discussion of the state and prospects for the development of the organization, draft local regulations, etc. The regulation on the commission at the local level is usually also approved by agreement of the parties.

The procedure for ensuring conditions for the participation of social partnership bodies in these activities is established by the Labor Code of the Russian Federation, other laws and other regulations. legal acts, agreements. In particular, the Labor Code of the Russian Federation () provides that draft legislative acts, regulatory legal and other acts of executive authorities and local governments in the field of labor, as well as documents and materials necessary for their discussion, are sent to the relevant commissions for regulating social and labor relations (to the relevant trade unions, trade union associations and employers' associations) by the bodies adopting these acts.

See, for example, the Law of the city of Moscow of October 22, 1997 "On social partnership" // Solidarity. 1997. No. 23; Law of the Tomsk region of June 3, 1999 "On social partnership in the Tomsk region" // Krasnoe znamya. 1999. 13 Aug.

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In accordance with Art. 23 of the Labor Code, social partnership in the sphere of labor 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 directly related relations with them.

The social partnership system includes several levels:

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

■ Regional level, which establishes the basis for regulating relations in the sphere of labor in a constituent entity of the Russian Federation;

■ Industry level, which establishes the basis for regulating relations in the sphere of labor in the industry;

■ The territorial level, which establishes the basis for regulating relations in the sphere of labor in municipality;

The level of organization that establishes specific mutual obligations in the field of work between employees and the employer.

Social partnership in the sphere of labor is carried out in the following forms:

■ Collective negotiations on the preparation of draft collective agreements, agreements and their conclusion;

■ Mutual consultations on the regulation of labor relations;

■ Participation of employees in the management of the organization;

■ Participation of representatives of employees and employers in pre-trial resolution of labor disputes.

The bodies of social partnership are commissions for the regulation of social and labor relations, which are created on an equal basis by decision of the parties from their representatives, endowed with the necessary powers. At the federal level, a permanent tripartite commission is formed from representatives of all-Russian associations of workers, employers and the Government of the Russian Federation. Tripartite commissions may be formed at the regional and territorial levels. Sectoral commissions can be created both at the federal level and at the level of a subject of the federation. At the level of the organization, a bilateral commission is formed from representatives of employees and the employer.

Representatives of workers in social partnership are, first of all, trade unions and their associations. At the level of an organization, if there is no trade union organization in it, or if it unites less than half of the employees, employees at general meeting(conferences) may entrust the representation of their interests to the specified trade union organization or another representative. The representatives of the employer in the social partnership are the head of the organization or persons authorized by him, associations of employers - non-profit organizations that 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 self-government

Representatives of employees and employers participate in collective negotiations on the preparation, conclusion and amendment of a collective agreement, agreement. Both parties have the right to initiate such negotiations. They are free to choose issues of regulation of social and labor relations. However, the following principles must be observed:

1. Equality of the parties;

2. Respect and consideration of the interests of the parties;

3. The interest of the parties in participating in contractual relations;

4. State assistance in strengthening and developing social partnership on a democratic basis;

5. Compliance by the parties with laws and other regulatory legal acts;

6. Authority of representatives of the parties;

7. Freedom of choice when discussing issues within the scope of work;

8. Voluntary acceptance of obligations by the parties;

9. Reality of obligations;

10. Mandatory performance of collective agreements, agreements;

11. Control over the implementation of collective agreements and agreements;

12. Responsibility of the parties for non-fulfillment through their fault of collective agreements and agreements.

Collective agreement - legal act regulating social and labor relations in an organization (branch, representative office, other separate structural unit) and concluded by employees and the employer represented by their representatives. The content and structure of the collective agreement are determined by the parties. It includes mutual obligations of the parties on such issues as: forms, systems and amounts of remuneration; payment of allowances and compensations; a mechanism for regulating wages, taking into account price increases, etc.; employment of workers, conditions for their release, retraining; work time and rest time improvement of working conditions and labor protection; observance of the interests of employees during privatization; health protection of employees and environmental safety; benefits for employees who combine work with education; rest of employees and their families; control over the implementation of the collective agreement; refusal of workers to strike when its conditions are met, etc.

The collective agreement is concluded for a period of up to three years and may be extended for a period of up to three years. The collective agreement applies to all employees of the organization

An agreement is a legal act that establishes general principles regulation of social and labor and related economic relations. Types of agreements:

1. General - establishes general principles for regulating social and labor relations at the federal level;

2. Regional - establishes the principles of regulation of social and labor relations in the subject of the Russian Federation;

3. Industry - determines general terms and Conditions wages, labor guarantees and benefits for industry employees;

4. Territorial - establishes general working conditions, labor guarantees and benefits for employees at the level of the municipality.

Agreements are concluded for a period not exceeding three years and may be extended for a period not exceeding three years. The agreement applies to employees and employers who authorized their representatives to conclude it, to state authorities and local governments (within the limits of their obligations), as well as to employees and employers who joined the agreement after its conclusion. If employers within 30 days from the date of publication of the proposal to join the agreement have not submitted their reasoned refusal to the federal executive body for labor, then the agreement shall be considered extended to these employers.

For evasion of the parties from participation in collective negotiations, failure to provide the necessary information, as well as for violation or failure to comply with the collective agreement, the agreement is punishable in the form of a fine.

The concept of "social partnership" began to be used in Russian law relatively recently.

The phenomenon designated by him is considered by researchers as a method of labor law or its element, the principle of labor law, a method of resolving labor disputes, means and forms of interaction, a tool for regulating social and labor relations, a form of organizing interaction between employers, employees and the state, procedures for delimitation, coordination and ensuring legitimate interests in the field of social and labor relations.

In accordance with Art. 23 of the Labor Code of the Russian Federation, social partnership in the sphere of labor is understood as 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 directly related relations with them. The purpose of social partnership is to harmonize the interests of employees and employers on the issues of regulating labor relations and other relations directly related to them, aimed at establishing state guarantees of the rights of employees and creating favorable conditions under which the rights of employees and employers are equally realized.

According to the Labor Code of the Russian Federation (Article 24), the main principles of social partnership in the labor sphere 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;
• observance by the parties and their representatives of labor legislation and other normative legal acts containing labor law norms;
• the authority of the 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 adopted collective agreements, agreements;
• responsibility of the parties, their representatives for non-fulfillment through their fault of collective agreements, agreements.

Social partnership is an integral system. The social partnership system includes the following levels:

• the federal level, which establishes 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;
• the regional level, which establishes the basis for regulating relations in the sphere of labor in a constituent entity of the Russian Federation;
• sectoral level, which establishes the basis for regulating relations in the sphere of labor in the industry (sectors);
• the territorial level, which establishes the basis for regulating relations in the sphere of labor in the municipality;
• local level, which establishes specific mutual obligations in the sphere of labor between employees and the employer.

Forms of social partnership are enshrined in Art. 27 of the Labor Code of the Russian Federation. Social partnership is carried out in the following forms:

• collective negotiations on the preparation of draft collective agreements, agreements and their conclusion;
• mutual consultations (negotiations) on the regulation of labor relations and other relations directly related to them, ensuring guarantees of the 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 pre-trial resolution of labor disputes.

In addition to those listed in Art. 27 of the Labor Code of the forms of social partnership, in practice other forms can be used, in particular:

• conducting a preliminary discussion of draft laws and other regulatory legal acts in the field of social and labor relations, federal, regional and local programs in the field of labor, employment, migration work force and social security;
• joint work to improve the regulatory legal framework ensuring the functioning and development of the social partnership system;
• observance and implementation of the agreements reached between the parties;
• interaction with transnational corporations and organizations with the participation of foreign capital on the principles of social partnership;
• interaction in the regulation of social and labor relations at all levels of social partnership and between the relevant levels;
• providing complete and reliable information to the parties of social partnership, as well as media coverage of the work of social partnership bodies.

Parties and representatives of the parties of social partnership

The parties to the social partnership are employees and employers represented by duly authorized representatives (Article 25 of the Labor Code of the Russian Federation). Public authorities are also parties to social partnership in cases where they act as employers, as well as in other cases provided for by labor legislation.

Employers and employees can also exercise their rights in the field of social partnership. However, in practice there is usually a need for representatives to act on behalf of large groups of workers and employers.

Representatives of employees in the social partnership may be:

• trade unions and their associations, other trade union organizations provided for by the charters of all-Russian, interregional trade unions;
• other representatives elected by employees.

The legal basis for the activities of trade unions, their right to representation are established in the Federal Law of January 12, 1996 N 10-FZ "On trade unions, their rights and guarantees of activity" (as amended on July 2, 2013).

A trade union (trade union) is a voluntary public association of citizens connected by common industrial, professional interests in the nature of their activities, created in order to represent and protect their social and labor rights and interests. Trade unions, in accordance with the law, participate in the legal regulation of social and labor relations at all stages of their development.

The interests of employees in collective bargaining, concluding and amending a collective agreement, monitoring its implementation, as well as in exercising the right to participate in the management of the organization, consideration of labor disputes between employees and the employer can be represented by the primary trade union organization - a voluntary association of trade union members working as rule, at one enterprise, in one institution, one organization, regardless of the form of ownership and subordination, acting on the basis of a provision adopted by it in accordance with the charter, or on the basis of general position on the primary trade union organization of the respective trade union.

If there are two or more primary trade union organizations in the organization, they create a single representative body for conducting collective negotiations, developing a single draft collective agreement and concluding it. The formation of a single representative body is carried out on the basis of the principle of proportional representation, depending on the number of trade union members. In this case, a representative must be appointed from each trade union organization.

If a single representative body is not created within five calendar days from the date of the start of collective bargaining, then the representation of the interests of all employees of the organization is carried out by the primary trade union organization, which unites more than half of the employees.

If none of the primary trade union organizations unites more than half of the workers, then the general meeting (conference) of workers by secret ballot determines the primary trade union organization, which is entrusted with the formation of a representative body.

In accordance with Art. 30 of the Labor Code of the Russian Federation, trade unions can also represent the interests of workers who are not members of a trade union.

The Labor Code of the Russian Federation provides for the possibility of the existence of other representatives of employees in cases where:

• the existing trade union organization unites less than half of the workers;
• there is no primary trade union organization in the organization.

In the first case, at a general meeting (conference), employees can entrust the representation of their interests to an existing trade union organization or another representative, in the second - to another representative. Such other representative may be councils, commissions, committees, bodies of public amateur performance, etc. It should be noted that the presence of another representative cannot be an obstacle to the exercise by the trade union organization of its powers.

Features of the legal status of associations of employers are established by the relevant Federal Law. According to this Law, such an association is created on the basis of a decision of its founders. The founders of an association of employers may be at least two employers or two associations of employers. Associations of employers can be created on the basis of territorial, sectoral, intersectoral, territorial-sectoral principles and be all-Russian, regional, interregional and territorial.

Employers' associations can:

1. form an agreed position of the members of the association of employers on the regulation of social and labor relations and related economic relations and defend it in relations with trade unions and their associations, public authorities, local governments;
2. coordinate with other associations of employers the position of the association of employers on the regulation of social and labor relations and related economic relations;
3. defend the legitimate interests and protect the rights of its members in relations with trade unions and their associations, public authorities, local governments;
4. take the initiative to conduct collective negotiations on the preparation, conclusion and amendment of agreements;
5. empower their representatives with the authority to conduct collective negotiations on the preparation, conclusion and amendment of agreements, participate in the formation and activities of the relevant commissions for the regulation of social and labor relations, conciliation commissions, labor arbitration for the consideration and resolution of collective labor disputes;
6. make proposals in accordance with the established procedure on the adoption of laws and other normative legal acts regulating social and labor relations and related economic relations and affecting the rights and legitimate interests of employers, participate in their development;
7. take part in the prescribed manner in the implementation of measures to ensure employment of the population;
8. conduct consultations (negotiations) with trade unions and their associations, executive authorities, local governments on the main areas of socio-economic policy;
9. receive from trade unions and their associations, executive authorities, local governments the information they have on social and labor issues necessary for conducting collective negotiations in order to prepare, conclude and amend agreements, monitor their implementation;
10. participate in monitoring and forecasting the needs of the economy in qualified personnel, as well as in the development and implementation of state policy in the field of secondary and higher vocational education, including in the development of federal state educational standards, the formation of lists of professions, specialties and areas of training, state accreditation educational activities professional educational organizations and educational organizations higher education, in the manner prescribed by the Government of the Russian Federation.
11. exercise other rights.

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, when conducting collective bargaining, concluding or changing agreements, resolving collective labor disputes regarding the conclusion or changing agreements, monitoring the implementation of agreements, forming commissions for the regulation of social and labor relations and carrying out their activities are also relevant federal executive authorities, executive authorities of the constituent entities of the Russian Federation, other state bodies, local self-government bodies.

Bodies of social partnership

Bodies of social partnership are understood as bodies that provide the following:

• regulation of social and labor relations;
• conducting collective bargaining;
• preparation of drafts of the collective agreement, agreements, their conclusion;
• organization of control over the implementation of the collective agreement and agreements.

Such bodies are commissions for the regulation of social and labor relations. They can be formed at all levels on an equal basis from an equal number of representatives of the parties.

Commissions for the regulation of social and labor relations can be tripartite and bilateral. To conduct collective negotiations and prepare draft agreements, conclude them, as well as to organize control over the implementation of agreements by the parties, as a rule, tripartite commissions are formed. Bilateral commissions are created at the level of the organization for conducting collective negotiations and preparing drafts of the collective agreement, their conclusion, as well as for organizing control over the implementation of the collective agreement.

Commissions may carry out their activities on a permanent or temporary basis. On the permanent basis there are tripartite commissions for the regulation of social and labor relations between the Russian Federation and the constituent entities of the Russian Federation. Commissions operating at other levels are formed, as a rule, for the period of collective negotiations and agreements.

At the federal level, a permanent Russian tripartite commission for the regulation of social and labor relations (hereinafter referred to as the Commission) has been formed. The relevant Federal Law has become the main act regulating its activities. As its name suggests, the Commission is a tripartite body. The parties in this case are all-Russian associations of trade unions, all-Russian associations of employers and the Government of the Russian Federation. The Commission consists of one representative from each all-Russian association of trade unions, the all-Russian association of employers, registered in the prescribed manner, as well as representatives of the Government of the Russian Federation. The number of members of the Commission from each of the parties may not exceed 30 people.

The activities of this body are organized, the meetings are chaired by the coordinator of the Commission, who is appointed by the President of the Russian Federation and is not a member. The tasks of the coordinator include approving the working groups, signing the regulations of the Commission, work plans and decisions, managing the secretariat.

The main goal of the Commission is to harmonize the socio-economic interests of the Government of the Russian Federation, all-Russian associations of trade unions and all-Russian associations of employers. The commission allows to exert a certain influence on ensuring social stability, as well as to prevent possible collective disputes and conflicts in a timely manner. The main tasks of this body are the following:

• conducting collective negotiations and preparing a draft general agreement between all-Russian associations of trade unions, all-Russian associations of employers and the Government of the Russian Federation;
• promotion of contractual regulation of social and labor relations at the federal level;
• holding consultations on issues related to the development of draft federal laws and other regulatory legal acts of the Russian Federation in the field of social and labor relations, federal programs in the field of labor, employment, labor migration, social security;
• coordination of the positions of the parties in the main areas social policy;
• consideration on the initiative of the parties of issues that have arisen in the course of the implementation of the general agreement;
• dissemination of the experience of social partnership, informing sectoral (intersectoral), regional and other commissions for the regulation of social and labor relations about the activities of the Commission;
• study of international experience, participation in events held by relevant foreign organizations in the field of social and labor relations and social partnership, holding consultations within the framework of the Commission on issues related to the ratification and application of international labor standards.

At the regional level, in accordance with the laws of the constituent entities of the Russian Federation, permanent tripartite commissions are created to regulate social and labor relations. The tasks of such commissions are usually the following:

• conducting collective bargaining, preparing draft regional agreements that establish general principles for regulating social and labor relations in the region; their conclusion;
• assistance in contractual regulation of social and labor relations;
• monitoring the implementation of the regional agreement, resolving disagreements arising from its implementation;
• coordination of the positions of the parties in the main areas of social and labor relations;
• dissemination of the experience of social partnership, informing sectoral (intersectoral) and territorial commissions for the regulation of social and labor relations about the activities of the regional tripartite commission;
• implementation of other actions aimed at implementing the principles of social partnership.

Currently, such commissions have been established in most regions of the Russian Federation.

The next link in the system of social partnership is the territorial tripartite commissions created in municipalities.

The main activities of tripartite commissions are the development, implementation and control of the implementation of tripartite agreements of municipalities, including:

• development of measures to address the most pressing problems hindering the development of production, the problems of increasing employment, as well as measures to resolve emerging conflict situations;
• control over the repayment by employers of wage arrears to employees, debts on tax payments;
• development of measures aimed at improving the living standards of workers (including measures to index wages), the implementation of their labor rights, providing them with safe working conditions;
• development social sphere, support for low-income citizens, etc.
• reduction of unemployment among the population;
• restoration of collective-contractual relations, increasing the role of trade union organizations.

At the sectoral (intersectoral) level, sectoral (intersectoral) commissions may be formed to regulate social and labor relations. Sectoral (intersectoral) commissions can be formed both at the federal and at the interregional, regional, territorial levels of social partnership.

Finally, the commissions created at the level of the organization include representatives of the two sides of the social partnership. The formation of such commissions is carried out on an equal basis.

Bodies of social partnership in accordance with the Labor Code of the Russian Federation take part in the formation and implementation of state policy in the field of labor (Article 35.1 of the Labor Code of the Russian Federation). So, in order to harmonize the interests of employees (their representatives), employers (their representatives) and the state on the regulation of social and labor relations and related economic relations, federal state authorities, state authorities of the constituent entities of the Russian Federation and local governments are obliged to provide conditions for participation of the relevant commissions for the regulation of social and labor relations (in cases where such commissions are not formed at the appropriate level of social partnership, - the relevant trade unions (associations of trade unions) and associations of employers) in the development and (or) discussion of draft legislative and other regulatory legal acts, socio-economic development programs, other acts of state authorities and local governments in the field of labor.

Draft legislative acts, regulatory legal and other acts of executive authorities and local self-government bodies in the field of labor, as well as documents and materials necessary for their discussion, are sent for consideration to the relevant commissions for the regulation of social and labor relations (the relevant trade unions (associations of trade unions) and associations of employers) by federal government bodies, government bodies of the constituent entities of the Russian Federation or local governments that adopt these acts.

Decisions of the relevant commissions for the regulation of social and labor relations or the opinions of their parties (conclusions of the relevant trade unions (associations of trade unions) and associations of employers) on the draft legislative acts, regulatory legal and other acts of executive authorities and local governments sent to them are subject to mandatory consideration by federal state bodies. authorities, public authorities of the constituent entities of the Russian Federation or local governments that adopt these acts.

The procedure for conducting collective bargaining and concluding a collective agreement

Collective bargaining is the main form of social partnership used to reach agreements on working conditions between employees and employers, and to resolve other contentious issues. In practice, collective bargaining in an organization is most often conducted on the conclusion of a collective agreement. However, in accordance with Art. 37 of the Labor Code of the Russian Federation, participants in collective bargaining are free to choose issues of regulating social and labor relations.

ILO Convention No. 154 on the Facilitation of Collective Bargaining (Geneva, June 19, 1981) states that collective bargaining is between an employer, a group of employers or one or more employers' organizations, on the one hand, and one or more organizations of workers, on the other , for the following purposes:

1. determination of working and employment conditions and/or
2. regulation of relations between employers and workers and/or
3. regulation of relations between employers or their organizations and the organization or organizations of workers (art. 2).

Any of the parties has the right to act as the initiator of collective negotiations on the development, conclusion and amendment of the collective agreement, agreement. The party that received a written notice of the start of negotiations from the other party is obliged to start negotiations within seven days. Collective bargaining is usually conducted not by the employees and employers themselves, but by their representatives.

The Labor Code of the Russian Federation establishes certain guarantees and compensations for persons participating in collective bargaining. Firstly, persons participating in collective negotiations, preparation of 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 the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, an agreement. Payment for the services of experts, specialists and intermediaries is made by the inviting party, unless otherwise provided by the collective agreement, agreement. Secondly, 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, except for cases of termination of the employment contract for commission of a misdemeanor, for which, in accordance with the Labor Code of the Russian Federation, other federal laws, dismissal from work is provided.

In the course of collective bargaining, 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 conducting collective bargaining.

Participants in collective bargaining, other persons involved in the conduct of collective bargaining, must not disclose the information received, if this information relates to a legally protected secret (state, official, commercial and other). Persons who divulge the specified information are subject to disciplinary, administrative, civil and criminal liability.

Representatives of the party who received a written proposal to start collective bargaining are obliged to enter into negotiations within seven calendar days from the date of receipt of the said proposal, sending a response to the initiator of collective bargaining indicating representatives from their party to participate in the work of the collective bargaining commission and their powers. The day of commencement of collective bargaining is the day following the day of receipt by the initiator of collective bargaining of the said answer.

The regional agreement establishes general principles for the regulation of social and labor relations and related economic relations at the level of a constituent entity of the Russian Federation.

The sectoral (intersectoral) agreement establishes the general terms of remuneration, guarantees, compensations and benefits for employees of the sector (sectors). A sectoral (intersectoral) agreement may be concluded at the federal, interregional, regional, territorial levels of social partnership.

The territorial agreement establishes general working conditions, guarantees, compensations and benefits for employees in the territory of the respective municipality.

Other agreements - agreements that can be concluded by the parties at any level of social partnership in certain areas of regulation of social and labor relations and other directly related relations.

Agreements by agreement of the parties participating in collective bargaining may be bilateral and tripartite. In tripartite agreements, in addition to employees and employers, state authorities and local governments are parties.

General rules preparation, procedure and terms for the development and conclusion of collective agreements are regulated by Art. 47 of the Labor Code of the Russian Federation. Thus, the draft agreement is developed in the course of collective negotiations.

At the same time, the conclusion and amendment of agreements requiring budget financing on general rule carried out by the parties prior to the preparation of a draft corresponding budget for the financial year relating to the term of the agreement.

The procedure, terms for the development of a draft agreement and its conclusion are determined by the commission.

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 of 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 empowering local governments with the authority to register collective agreements and territorial agreements.

The procedure for publishing sectoral agreements concluded at the federal level and the procedure for publishing a proposal to join the agreement are established by the federal executive body responsible for developing state policy and legal regulation in the sphere of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The order of publication of other agreements is determined by their parties.

Participation of employees in the management of the organization

Another form of social partnership is the participation of employees in the management of the organization. The right to participate in management can be exercised both by each employee individually and by a team of employees as a whole. The main forms of participation of employees in the management of the organization are:

1) taking into account the opinion of the representative body of employees in cases provided for by the Labor Code of the Russian Federation (Articles 8, 73, 82, 99, 103, 105, 113, 144, 147, 154, 159, 212, 299, 301, 350, 371 - 373), collective agreement, agreements;

2) holding consultations with the employer by representative bodies of employees on the adoption of local regulations containing labor law norms. ILO Recommendation No. 94 of 26 June 1952 on co-operation at the undertaking level states that appropriate measures should be taken to promote consultation and co-operation between employers and workers at the undertaking level on matters of common interest and not covered by collective bargaining or any or by another procedure normally used in determining working conditions.

Depending on the custom or practice of the country, such consultation and cooperation should:

• or be facilitated by encouraging voluntary agreements between the parties;
• or be carried out through legislation establishing bodies for consultation and cooperation and defining their scope, functions, structure and operating procedures, with due regard to the specific conditions of individual enterprises;
• or be facilitated or encouraged by a combination of both methods.

3) receiving information from the employer on issues directly affecting the interests of employees.

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

• reorganization or liquidation of the organization;
• the introduction of technological changes that entail a change in the working conditions of workers;
• training and additional professional education of employees;
• on other issues provided for by the Labor Code of the Russian Federation, other federal laws, 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 the meetings of these bodies when they are considered. ILO Recommendation No. 129 of June 28, 1967 on relations between management and workers in an enterprise provides that employers and their organizations, as well as workers and their organizations, should, in their common interest, recognize the importance of an atmosphere of mutual understanding and trust in an enterprise, which is beneficial both for efficient operation enterprises, and for the aspirations of workers. The creation of such an atmosphere should be facilitated by the rapid dissemination and exchange of the most complete and objective information possible on various aspects of the life of the enterprise and the social conditions of the workers. In order to create such an atmosphere, the management should, after consultation with the representatives of the workers, take appropriate steps to implement an effective policy of relations with the workers and their representatives;

4) discussion with the employer of questions about the work of the organization, making proposals for its improvement. Each employee has the right to apply to the representative of the employer with proposals for improvement production process, adjusting production targets, to eliminate existing shortcomings that reduce production efficiency, and others.

The participation of employees in the management of the organization is carried out both by direct appeal to the employer (as a rule, on issues of a purely industrial nature - the release of products, the use of equipment, the execution of production tasks, etc.), and through representative bodies (on issues relating to personnel, economic and financial policy organizations, etc.);

5) participation in the development and adoption of collective agreements, as already mentioned above;

6) other forms defined by the Labor Code of the Russian Federation, the constituent documents of the organization, the collective agreement, agreements, local regulatory act of the organization.

^ 1. The system of social partnership includes cooperation at the federal, regional, sectoral, territorial levels and the level of organization (Article 26 of the Labor Code).

Each level corresponds to a statutory task to regulate labor relations.

According to the established tradition, the levels are allocated according to the territorial and sectoral basis.

At the federal level, there may be: general and sectoral (intersectoral) agreements.

At the regional level (subject of the Russian Federation), regional and sectoral (intersectoral) agreements are concluded.

At the territorial level (municipal formation), a territorial agreement is concluded.

At the level of the organization, a collective agreement is concluded.

It should be noted that the listing of these levels in the Labor Code does not mean the obligation of the parties to interact at all these levels. They are free to choose both the forms of social partnership and the levels of their implementation.

In addition to the conclusion of collective agreements and agreements, cooperation in other forms can be carried out at each level. For example, consultations and exchange of information can be carried out at all levels, the creation of tripartite social partnership bodies is possible at all levels, except for the organization.

It should be noted that the listing of the named levels in Art. 26 of the Labor Code does not mean the obligation of the parties to interact at all these levels. They are free to choose both the forms of social partnership and the levels of their implementation.

^ 2. Forms of social partnership defined Labor Code, represent specific types of interaction between representatives of employees and employers. In accordance with Art. 27 of the Labor Code, social partnership is carried out in the form of:

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

mutual consultations (negotiations) on the issues of regulating labor relations and other relations directly related to them, ensuring guarantees of the labor rights of employees and improving labor legislation;

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

participation of representatives of employees and employers in the resolution of labor disputes.

These are just the main forms of cooperation. In addition to them, one can name the creation on an equal basis of bodies to solve specific social problems, for example, committees (commissions) for labor protection, coordinating committees for employment, participation in the management of extrabudgetary social funds.

Let us dwell in more detail on the forms of interaction of social partners.

Collective bargaining and the conclusion of collective agreements (collective contracts and agreements) are the main form of social partnership. This is the realization by employees in the person of their representatives and employers of the right to exercise collective contractual regulation.

This form of social partnership is aimed, on the one hand, at achieving social peace, on the other hand, at streamlining labor and other relations directly related to them, and establishing working conditions.

Collective-contractual regulation of labor relations is carried out at all levels of social partnership, from the federal to the level of organization.

2.1. Collective bargaining in accordance with Art. 2 of the ILO Convention No. 154 "On the Facilitation of Collective Bargaining" (1981) are considered to be negotiations that are held between an employer, a group of employers or one or more organizations of employers, on the one hand, and one or more organizations of workers - on the other, in order to:

a) determination of working conditions and employment and (or)

b) regulation of relations between entrepreneurs and workers and (or)

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

The right of employers and representative organizations of workers to collective bargaining is recognized by the ILO.

It implies the opportunity to start negotiations and participate in them on an equal footing.

The right to conduct collective negotiations, including the initiative to initiate them, belongs to both parties of the social partnership: art. 21 of the Labor Code grants such a right to employees in the person of their representatives, and Art. 22 of the Labor Code - to the employer. Article 36 of the Labor Code emphasizes that both representatives of employees and representatives of the employer (s) have the right to take the initiative to conduct collective bargaining.

Collective negotiations are held both for the conclusion of a collective agreement and agreement of any kind, and for making additions or changes to these acts.

Collective negotiations may be initiated by any of the parties. To do this, it must send a written notice to the other party with a proposal to start collective bargaining.

The party that received the notification is obliged to enter into collective negotiations within 7 days, i.e. put forward counter proposals on the composition of the commission, clarify the date and time of the start of the work of the commission for conducting collective bargaining (on regulation of social and labor relations).

Collective negotiations are conducted by special commissions formed by the parties to the social partnership on an equal footing. Collective bargaining commissions can be divided into two types:

permanent commissions for the regulation of social and labor relations, operating on a tripartite basis;

commissions for conducting collective negotiations, created for the period of conducting collective negotiations and concluding a collective agreement or agreement.

Both types of commissions are recognized as social partnership bodies (Article 35 of the Labor Code). The differences between them are manifested in the duration of their activities (some are permanent, others are created only for the period of collective bargaining), composition (permanent commissions are always created on a tripartite basis, collective bargaining commissions can be both tripartite and bilateral) and and, finally, in the nature of the activity. Commissions for collective bargaining are created for a specific purpose, their very name is the clearest evidence of the activities they carry out. The tripartite commissions for the regulation of social and labor relations are multifunctional bodies. Along with collective bargaining and the conclusion of agreements at a certain level, these commissions conduct consultations, participate in the preparation of draft laws, etc.

The procedure for creating permanent commissions is determined by the legislation (federal and regional) on commissions of the corresponding type.

The formation of a commission for collective bargaining is carried out on the basis of the provisions of Art. 35-37 of the Labor Code and depends on the level of negotiation.

In the organization, the commission is formed from representatives of employees and representatives of the employer.

In the event that employees are represented by one trade union organization covering more than half of the employees, the commission is formed from representatives of this organization and persons representing the employer.

Special rules have been established for the creation of a commission when there are several employee representatives at the appropriate level. The legislator proceeds from the fact that employees should be represented by one body and develop a common position at collective bargaining. In addition, it is emphasized that the organization must conclude one (single) collective agreement. Accordingly, one industry agreement should operate in the industry. The difference from the previous norm lies in the fact that not all primary trade union organizations can participate in the creation of a single representative body, but those of them that have voluntarily decided to unite. The only requirement is that such organizations cover more than half of the employees of the relevant employer.

A single representative body from the moment of its creation is considered to be a representative of all employees of a given employer and may take the initiative to enter into collective negotiations to conclude or amend a single collective agreement. It is equalized in rights with the primary trade union organization, which unites more than half of the workers.

Thus, the legislator forms a certain model, according to which a trade union organization or several trade union organizations that unite more than half of the employees enjoy the preemptive right to enter into collective bargaining on behalf of all employees and, accordingly, participate in the formation of a collective bargaining commission.

If none of the primary trade union organizations operating at the employer (or several primary trade union organizations) unite more than half of the employees, the mechanism of direct democracy is used: the trade union organization, which is trusted to conduct collective negotiations and conclude a collective agreement on behalf of all employees, is elected at a general meeting ( conferences).

If it is impossible to elect such a trade union organization, the workers elect another (non-trade union) representative (representative body).

The Code does not determine who convenes the general meeting (conference). This issue, in accordance with the principles of social partnership, is resolved by agreement of the parties. For example, a situation is possible when one of the trade unions addresses the employer with a request to convene a meeting (conference).

A trade union organization elected at a general meeting (conference) or another representative body participates in the formation of a commission for collective bargaining.

In the event that the interests of employees are represented by the most representative trade union organization, a single representative body created on a voluntary basis or a trade union organization at the choice of a meeting (conference) of employees, the right of other trade union organizations to receive information about entering into collective negotiations with the employer and participation in negotiations is ensured. by creating a single representative body (if it has not been created) or joining an already established single representative body.

Thus, the need for cooperation, coordination of positions and requirements of all trade union organizations operating within the organization is once again emphasized.

This is in full agreement with the position of the ILO Committee of Experts, which emphasize the need to provide an opportunity for all trade unions (in the event that none of them

unites more than 50% of employees) to take part in collective

negotiations91.

The procedure for creating (changing the composition) of a single representative body is given five days. If within the specified period the properly notified trade union organizations do not report their decision or refuse, the collective bargaining commission is formed without their participation, however, within one month from the date of the start of collective bargaining, they retain the right to join the collective bargaining process.

The same approach should be applied if there are several trade union organizations in a separate structural unit.

At the level of industry, region, territory at the conclusion different kind agreements, trade unions (associations of trade unions) must also create a single representative body on the basis of proportional representation. If the trade unions could not agree on the creation of such a body, the representation of the interests of all workers in the industry, territory, etc. entrusted to the most representative trade union.

The application of this norm sometimes causes certain difficulties in connection with the possibility of disagreements between trade unions and their associations regarding the attribution of one or another trade union to the most representative. The resolution of such disagreements can be carried out only on the basis of an agreement between trade unions; the legislation does not yet provide for another way to resolve the conflict.

Once workers' representatives have been identified, the creation of a collective bargaining commission can begin. In accordance with established practice, it consists of an equal number of representatives of the parties.

Collective negotiations are held in the commission in the order and within the terms chosen by the parties (Article 37 of the Labor Code).

When developing a draft collective agreement, the commission is free to choose the subject of regulation - public relations (elements of an employment relationship), which are subject to regulation in the relevant contractual acts.

Limiting the range of discussion issues can be considered as a solution incompatible with ILO Convention No. 98. However, the freedom to choose issues does not mean that the parties can bring up for discussion problems that are not related to labor, its organization, conditions, etc.

The subject of collective negotiations is determined taking into account the purpose of the negotiations - the regulation of labor and other relations directly related to them; the competence of the employer and the direct prescriptions of the law. It should be noted that a fairly large number of articles of the Labor Code somehow mention collective agreements, indicating the possibility or fixing the obligation to resolve certain issues in a collective agreement or agreement. For example, Art. 116 of the Labor Code provides for the right to establish additional leave for employees in a collective agreement; Art. 320 of the Labor Code prescribes to establish women working in districts Far North a shortened work week.

In the course of collective bargaining, 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 conducting collective bargaining.

To determine the composition of information, it is necessary to apply the norm of Art. 53 TK. The list of information that is provided to employees of the organization can also serve as a guideline for determining the information necessary for conducting collective bargaining at other levels.

It should be borne in mind that the ILO adopted Recommendation No. 129 "On relations between management and workers in the enterprise" (1967), paying attention to providing workers with information to participate in the management of the organization and conduct collective bargaining.

The recommendation indicates the purpose of providing information - achieving mutual understanding of the parties, establishes the principle of selecting information - all issues of interest to workers related to the operation of the enterprise and its prospects, the situation of workers, and also contains an approximate list of issues on which the administration should inform workers' representatives. These include, in particular:

general conditions of employment, including conditions of employment, transfer and dismissal;

a description of the duties to be performed in various jobs, and the role of a particular job in the activities of the enterprise;

opportunities for vocational training and prospects for advancement in work at the enterprise; general working conditions;

occupational safety and health regulations and instructions for the prevention of accidents and occupational diseases; and others.

In addition to the obligation to provide the necessary information, the participants in collective bargaining have the obligation not to disclose the information received if this information relates to a legally protected secret (state, official, commercial, and other).

The legislation identifies three main types of information (information) that are protected as a secret. This is a state secret, the protection of which is provided for by the Law on State Secrets, commercial secrets and official secrets, which are protected in accordance with civil law (Article 139 of the Civil Code), the Law on Commercial Secrets. Persons who divulge the said information are subject to disciplinary, administrative, civil and criminal liability in the manner prescribed by federal laws. In particular, liability for disclosure of information constituting state, commercial or official secrets is provided for by criminal law (Articles 183, 283 of the Criminal Code). ?

Persons participating in collective bargaining not only bear additional obligations related to their conduct, but also enjoy special guarantees.

First of all, it is necessary to determine the circle of persons to whom the established guarantees apply.

Persons participating in collective bargaining should be recognized as:

officials authorized by the employer (association of employers, other representatives of employers) to participate in the work of the relevant commission of officials;

workers (members of trade union bodies) sent to the appropriate commission by decision of the trade union, trade union association, primary trade union organization, other representative of workers;

experts, specialists, intermediaries participating in collective negotiations at the invitation of both or one of the parties.

These persons enjoy the following guarantees: 1)

for the duration of negotiations, but for a period not exceeding 3 months, they are released from their main work; 2)

average earnings are maintained for this period; 3)

the costs associated with participation in negotiations are compensated.

Article 39 of the Labor Code provides for the preservation of the place of work and average earnings for a period of not more than 3 months, i.e. it is assumed that collective bargaining should be held within this period and completed with the signing of a collective agreement or agreement.

Payment for the services of experts, specialists, intermediaries who assist the parties in agreeing on the conditions and preparing a draft collective agreement, agreement, is made by representatives of the party that invited them to participate in collective negotiations. By agreement of the parties, which is reflected in the collective agreement, payment for the services of these participants in the negotiations may be assigned to the employer (association of employers, another representative of employers) (Article 39 of the Labor Code). ?

Additional guarantees have been established for employee representatives related to the possibility of prosecution for exercising representative powers.

During the period of collective bargaining, they are provided with special treatment bringing to disciplinary liability, changes and termination employment contract at the initiative of the employer. In addition to compliance general order, these actions must be agreed with the representative body of workers that authorized them to participate in collective bargaining. Trade union (council labor collective, another body) must give prior consent to the application of a disciplinary sanction (except for dismissal), transfer to another job (including temporary), dismissal of an employee at the initiative of the employer, with the exception of dismissal for guilty behavior (clauses 5, 6, 8, 11 article 81 of the Labor Code).

When applying these guarantees, it is necessary to keep in mind the Resolution of the Constitutional Court of the Russian Federation dated January 24, 2002 on the case of checking the constitutionality of the provisions of Part 2 of Art. 170 and part 2 of Art. 235 of the Labor Code of the Russian Federation and paragraph 3 of Art. 25 of the Federal Law "On trade unions, their rights and guarantees of activity" in connection with the request of the Zernogradsky District Court of the Rostov Region and the Central District Court of Kemerovo.

In the aforementioned Resolution, the Constitutional Court of the Russian Federation substantiated the need to observe proportionality between the restriction of the employer's rights and those socially significant goals for the achievement of which such a restriction is introduced.

With this in mind, it can be noted that the absence of the consent of the representative body of employees to apply a disciplinary sanction, transfer or dismissal of an employee participating in collective bargaining should not be considered as an absolute prohibition to perform these law enforcement actions. Otherwise, apparently, it is permissible to raise the issue of depriving the employer of the opportunity to defend his rights and legitimate interests in court, i.e. limitation of the constitutional right to judicial protection.

As a general rule, collective bargaining must end with the signing of a collective agreement or agreement. However, this is possible only if the representatives of the parties have come to an agreement on all issues submitted for discussion. Unfortunately, such an end to the negotiations is not the only possible one.

If in the course of collective negotiations an agreed decision is not made on all or individual issues, then a protocol of disagreements is drawn up. Settlement of disagreements that have arisen in the course of collective negotiations on the conclusion or amendment of a collective agreement, agreement, is carried out in a conciliatory manner, provided for the resolution of collective labor disputes.

Disagreements that arose during the conclusion of a collective agreement can also be settled in the course of additional negotiations after the conclusion of a collective agreement (Article 40 of the Labor Code).

2.2. The second form of social partnership, named in Art. 27 of the Labor Code is to conduct mutual consultations on a number of issues.

Consultations between social partners have traditionally been carried out at the federal, regional, territorial, sectoral levels in the relevant commissions (Article 35 of the Labor Code). Thus, one of the tasks of the Russian Tripartite Commission for the Regulation of Social and Labor Relations (RTK), which is formed and operates in accordance with the Federal Law "On the Russian Tripartite Commission for the Regulation of Social and Labor Relations", is called consultations on issues related to the development of draft federal laws and other regulatory legal acts of the Russian Federation in the field of social and labor relations, federal programs in the field of labor, employment, labor migration, social security; coordinating the positions of the parties in the main areas of social policy.

Consultations are also carried out by regional tripartite commissions established in accordance with the legislation of the constituent entities of the Russian Federation. For example, the Law of the City of Moscow dated 22.10.97 No. 44 "On Social Partnership" provides for the establishment of the Moscow tripartite commission for the regulation of social and labor relations. This commission actively cooperates with state authorities of the subject of the Russian Federation, in particular, consults on the development and implementation of a socially oriented policy of economic transformation in Moscow.

Consultations can also be carried out by territorial tripartite commissions, which are formed on the basis of regional legislation on social partnership.

Separate legislative and other regulatory legal acts provide for consultations of social partners in other forms, for example, Art. 21 of the Law on Employment of the Population provides for the participation of trade unions and other representative bodies of workers in promoting employment of the population.

In particular, at the suggestion of trade unions, executive authorities and employers hold mutual consultations on employment problems. As a result of consultations, agreements may be concluded that provide for measures aimed at promoting employment of the population.

Federal Law No. 90-FZ dated June 30, 2006 provides for the new kind consultations - consultations conducted with the participation of the parties to an industry agreement concluded at the federal level, an employer that refuses to join this agreement, its primary trade union organization and the federal executive body that performs the functions of developing state policy and legal regulation in the field of labor (Article 48 of the Labor Code).

Consultations at the local level are carried out as part of the participation of employees in the management of the organization. Consultations are provided for, for example, Art. 372, 373 of the Labor Code in the implementation of local regulation of labor relations or termination of an employment contract at the initiative of the employer.

In these cases, the elected trade union body representing the interests of workers is given the right to express their opinion. If the elected trade union body does not agree with the content of the draft local normative act or with the decision of the employer to dismiss, within 3 days after receiving a reasoned opinion, the employer conducts additional consultations with him.

Consultations should also be held when deciding whether to join the industry agreement concluded at the federal level (Article 48 of the Labor Code).

The collective agreement may also provide for other cases of consultations with representatives of employees, for example, when deciding on the reorganization of an enterprise, declaring it bankrupt, or mass layoffs of employees. Consultations are carried out in order to take into account the legitimate interests of employees when making decisions management decisions and enforcement of their labor rights.

2.3. The next form of social partnership is the participation of employees in the management of the organization. Such interaction of employees and their representatives with the employer is carried out, as it is clear from the name itself, exclusively at the local level. In accordance with Art. 52 of the Labor Code, employees have the right to participate directly or through their representative bodies in the management of the organization.

The participation of employees in the management of the organization should provide the opportunity to influence the decisions made by the employer.

The Labor Code identifies several forms of participation that can be used in practice (Article 53 of the Labor Code). Unfortunately, the legislation is not clear in separating the forms of social partnership and the forms of participation of employees in management. Thus, consultations are named both as an independent form of social partnership (Article 27 of the Labor Code) and as a form of participation of employees in management (Article 53 of the Labor Code). The same can be said about the development and conclusion of a collective agreement. In addition, the very participation in the management of the organization is recognized as a form of social partnership.

It will hardly be possible to clearly distinguish between such forms of participation of employees in the management of the organization as holding consultations and taking into account opinions, since consultations are carried out in the process of observing the procedure for taking into account the opinions of employees' representatives.

These contradictions, however, should not affect the use of all possible types of interaction between employees and employers, since main idea the concept of social partnership - the creation of a system of comprehensive cooperation between the parties. The choice of the form of cooperation is of secondary importance and mainly depends on the will of the parties.

As forms of participation of employees in the management of the organization, Art. 53 of the Labor Code calls (in addition to holding consultations and concluding a collective agreement) taking into account the opinion of the representative body of employees in cases provided for by the Labor Code or the collective agreement, receiving information from the employer on issues that directly affect the interests of employees, discussing with the employer questions about the work of the organization, making proposals on its improvement, participation in meetings of the organization's management bodies when considering proposals made, other forms established by the employer and employees in the collective agreement, local regulatory act, constituent documents.

The opinion of the representative body of employees is taken into account when adopting some local regulations, for example, when drawing up shift schedules (Article 103 of the Labor Code), adopting a local regulatory act providing for the division of the working day into parts (Article 105 of the Labor Code), a local regulatory act establishing labor standards ( article 162 of the Labor Code), internal labor regulations (Article 190 of the Labor Code), instructions on labor protection (Article 212 of the Labor Code).

The representative body of workers also participates in the establishment oversized wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions (Article 147 of the Labor Code), as well as for work at night (Article 154 of the Labor Code); in defining forms vocational training, retraining and advanced training of workers (Article 196).

The procedure for taking into account the opinion of the representative body of employees is provided for in Art. 372 TK.

When carrying out law enforcement actions, only the opinion of the elected trade union body is taken into account, other representatives of employees do not participate in resolving issues of introducing part-time work in order to save jobs (Article 74 of the Labor Code), dismissal of workers who are members of the trade union (Article 82 of the Labor Code), attracting overtime work(Article 99 of the Labor Code), to work on weekends and non-working holidays(Article 113 of the Labor Code), determining the order of granting annual paid holidays (Article 123 of the Labor Code), taking the necessary measures in case of a threat of mass layoffs (Article 180 of the Labor Code), increasing the duration of the shift (Article 299 of the Labor Code).

One of the forms of participation of employees in the management of the organization is to receive information from the employer on the reorganization or liquidation of the organization, changes in technological or organizational working conditions that may lead to a change in the essential terms of the employment contract, vocational training, retraining and advanced training of employees. Information should be received by both trade unions and other representatives of workers, unless otherwise provided.

The list provided by Art. 53 of the Labor Code, is exemplary. The parties may, by agreement, expand it.

2.4. A peculiar form of social partnership is the participation of representatives of employees and the employer (employers) in pre-trial and out-of-court resolution of labor disputes.

Cooperation between employees and the employer (employers) is carried out in resolving both individual and collective labor disputes. When resolving individual labor disputes by representatives of employees and the employer on a parity basis, a commission on labor disputes is created, which considers the majority of individual labor disputes (Articles 384-389 of the Labor Code).

When resolving collective labor disputes, an out-of-court conciliation procedure for resolving a dispute is used: by agreement of the parties, a conciliation commission is created from their representatives, the parties participate in the selection of a mediator, in the creation of labor arbitration, negotiate to determine the minimum necessary work(services), negotiations during the strike in order to resolve existing differences (Articles 398, 401-404 of the Labor Code). All these actions should be considered as cooperation of the parties to the dispute, their participation in the out-of-court settlement of a collective labor dispute.

2.5. Apart from specified forms according to the legislation and the developed practice are used: ?

creation on a parity basis of permanent advisory and coordinating bodies; ?

participation of social partners in the management of off-budget social funds; ?

consideration and consideration by employers and public authorities of the proposals of trade unions.

In accordance with Art. 20 of the Law on Employment of the Population, coordinating committees for the promotion of employment of the population are created. Their main task is to develop coordinated decisions on the definition and implementation of employment policy at the federal and territorial levels. Members of such committees are representatives of associations of trade unions, employers, employment service bodies and other interested state bodies, public associations representing the interests of citizens who are in particular need of social protection.

The organization and procedure for the work of the committees are determined by the parties represented in the committees.

As an example, we can cite the organization of the activities of the coordinating committee for the promotion of employment in the city of Moscow, created in accordance with Art. 7 of the Law of Moscow "On social partnership".

The Coordinating Committee for the Promotion of Employment of the Population of Moscow is formed by the Government of Moscow, citywide associations (associations) of trade unions, citywide associations (associations) of employers.

Its functions include assistance in the development and implementation of programs on employment issues developed in the Moscow social partnership system; holding consultations and expertise of draft normative acts of the executive authorities of Moscow on employment issues. It accepts recommendations to the Moscow Government, city-wide associations (associations) of trade unions, city-wide associations (associations) of employers, and others. public organizations on employment issues in Moscow.

By agreement of the parties, other bilateral or trilateral bodies may be created to promote the development of social partnership in the regulation of social and labor relations in certain areas. For example, Art. 218 of the Labor Code provides for the creation of labor protection committees (commissions) in organizations. Their composition on a parity basis includes representatives of the employer and employees. The activities of the committee (commission) are aimed at ensuring the requirements of labor protection, prevention occupational injury and occupational diseases, promoting the work of the labor protection service in the organization.

Social partners participate in the management of extrabudgetary social funds. The Law on Trade Unions provides for the right of trade unions to participate in the management of state off-budget funds for social insurance, medical insurance, pension and other funds formed from insurance contributions. The Law on Employers' Associations (Article 13) establishes that employers' associations have equal rights with trade unions and their associations, state authorities to parity representation in the management bodies of state non-budgetary funds in accordance with the legislation of the Russian Federation.

The Regulations on the Social Insurance Fund of the Russian Federation, approved by Decree of the Government of the Russian Federation of February 12, 1994 No. 101, provide that the Fund's board is collegiate body. The Board of the Fund, among other representatives, includes 7 representatives from all-Russian unions of trade unions and 4 from employers (paragraph 22).

As a form of social partnership, it is necessary to single out the right of social partners to send their proposals to each other or to the relevant state authorities and local self-government.

IN more this applies to trade unions and their associations. It is for them, as representatives of workers, that the legislation provides more opportunities, guaranteeing the right to apply both to state bodies (local self-government bodies) and to employers' organizations (to the employer) with proposals to consider problems that are significant for workers. Employers or public authorities, local governments are obliged to consider and take into account such proposals when resolving a particular issue, sometimes - to consult or negotiate with the trade union.

The legislation on trade unions provides for the right of trade unions, their associations to put forward proposals on the development, amendments and additions to draft legislative and other regulatory legal acts affecting the social and labor rights of workers, on the adoption of laws and other regulatory acts relating to the social and labor sphere . They have the right to participate in the consideration of their proposals by state authorities, local governments, as well as employers and their associations (Article 11 of the Law on Trade Unions).

Proposals of trade unions in connection with the mass dismissal of workers sent to the relevant authorities and employers are subject to consideration in accordance with the procedure established by the legislation of the Russian Federation (Article 21 of the Law on Employment of the Population).

All-Russian associations of trade unions or territorial associations of trade union organizations express their opinion (which must be taken into account) on the need and extent of attracting and using foreign labor in the Russian Federation (Article 12 of the Law on Trade Unions).

Trade unions have the right to submit proposals for the consideration of local governments on the postponement or temporary suspension of the implementation of measures related to the mass dismissal of workers (Article 12 of the Law on Trade Unions).

Interaction of trade unions with state authorities, local authorities, organizations for the development of sanatorium treatment, recreation facilities, tourism, mass physical education and sports (Article 15 of the said Law) can also be carried out in the form of proposals.

Associations of employers in accordance with Art. 13 of the Law on Associations of Employers can also make proposals for the adoption of laws and other regulatory legal acts regulating labor and related relations and affecting the rights and legitimate interests of employers, as well as participate in their development.

The law on the Russian tripartite commission for the regulation of social and labor relations and regional laws on social partnership provides for the possibility of submitting proposals to federal government bodies on the adoption of laws and other regulatory legal acts in the field of social and labor relations, the participation of the RTK and regional tripartite commissions in the preparation of developed bills.

The Russian tripartite commission may participate, in agreement with the committees and commissions of the chambers of the Federal Assembly of the Russian Federation, in their preliminary consideration of bills and their preparation for consideration by the State Duma of the Federal Assembly of the Russian Federation.

The Labor Code provides for the participation of the RTK in the adoption of certain decisions of the Government of the Russian Federation. It's perfect new form social cooperation, actively including representatives of workers and employers in the rule-making process. In particular, taking into account the opinion of the RTK, lists of industries, professions and positions are approved, work in which gives the right to additional paid leave for work with harmful and (or) hazardous conditions labor (Article 117 of the Labor Code); features of the procedure for calculating average earnings for certain categories of workers or in special circumstances (Article 139 of the Labor Code). Taking into account the opinion of the RTK, the Government of the Russian Federation determines a list of hard work, work with harmful and (or) dangerous and other special working conditions (Article 147 of the Labor Code), a list of professions for creative workers of cinematography organizations, theaters, theater and concert organizations, circuses and other persons, participating in the creation and (or) performance of works, professional athletes (Article 153); a list of jobs where it is prohibited to use the labor of workers under the age of 18 (Article 265 of the Labor Code), etc.

Another form of social partnership is provided for by Art. 351 of the Labor Code, introduced by the Federal Law of June 30, 2006 No. 90-FZ.

This is the participation of social partnership bodies in the formation and implementation of state policy in the sphere of labor. In this case, social partnership bodies are understood as commissions for the regulation of social and labor relations - the Russian tripartite, regional, regional, republican and territorial commissions. In cases where the relevant commissions have not been created, their rights to participate in the development and discussion of draft legislative and other regulatory legal acts, programs for socio-economic development, other acts of state authorities and local self-government bodies in the field of labor are vested in the relevant trade unions (associations of trade unions ) and associations of employers.

Corresponding to these rights is the obligation of state bodies (federal and regional) and local governments to provide conditions for their implementation.

The procedure for participation in the development and discussion of these legal acts is broadly defined by Parts 2 and 3 of Art. 351 TK. Draft relevant legal acts are sent to commissions for the regulation of social and labor relations, and in their absence - to trade unions (associations of trade unions) and associations of employers. The latter take decisions reflecting their opinion on the submitted drafts, comments and suggestions, and bring them to the attention of the bodies that developed the relevant drafts.

State bodies and local self-government bodies are obliged to consider and take into account the decisions of social partnership bodies (or social partners) when making a final decision.

In more detail, the procedure for the participation of tripartite commissions (trade unions and associations of employers) in the development of legal acts should be determined by federal laws, other regulatory legal acts, and agreements. It is necessary, in particular, to determine the terms for sending draft legal acts to social partnership bodies, the terms and form of decisions taken by tripartite commissions, the way they are taken into account by state authorities or local governments.

Social partnership, enshrined in the Labor Code of the Russian Federation, is a new method of legal regulation of labor in the labor law of Russia, which serves to resolve the conflicting interests of workers and employers.

The Labor Code of the Russian Federation defines social partnership in the sphere of labor (more commonly referred to as simply social partnership) as a system of relationships between employees (representatives of employees), employers (representatives of employers), state authorities, local governments, aimed at ensuring the coordination of interests of employees and employers on issues regulation of labor relations and other relations directly related to them.

Parties of social partnership are employees and employers represented by their representatives. State authorities and local self-government bodies are parties to social partnership in cases where they act as employers.

Social partnership is carried out in the following forms:

• mutual consultations (negotiations) on the issues of regulating labor relations and other relations directly related to them, ensuring guarantees of the labor rights of employees and improving labor legislation and other regulatory legal acts containing labor law norms;
• collective negotiations on the preparation of draft collective agreements, agreements and the conclusion of collective agreements, agreements;
• participation of employees and their representatives in the management of the organization;
• participation of representatives of employees and employers in the resolution of labor disputes.

Social partnership is carried out at six levels, including:

• federal level, which establishes the basis for regulating relations in the sphere of labor in the 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 basis for regulating relations in the sphere of labor in a 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 on which the foundations for regulating relations in the sphere of labor in the municipality are established;
• local level, which establishes the obligations of employees and the employer in the field of work.

The main principles of social partnership, enshrined in Art. 24 of the Labor Code of the Russian Federation are:

• compliance with the law: all parties and their representatives must comply with the labor law and the requirements of other regulatory legal acts containing labor law norms
• powers of representatives of the parties: documentary written confirmation is required that this person is a representative of such and such a party with such and such powers;
• equality of the parties as in the initiative of negotiations, their maintenance and signing of collective agreements and agreements, as well as in control over their implementation;
• respect and consideration of the interests of the parties;
• interest of the parties participation in contractual relations;
• freedom of choice and discussion of issues, constituting the content of collective agreements and agreements, freely determined by the parties without any external pressure on them; any intervention that restricts the rights of the parties, especially employees, is prohibited (Article 5 of the Labor Code of the Russian Federation);
• voluntary commitment: each party assumes obligations under a collective agreement or social partnership agreement by consensus, yielding to each other, but voluntarily, i.e. one party may not assume the obligation that the other party wants to have in the agreement, agreement (this the principle is related to the previous one, since without freedom there can be no voluntariness of the parties);
• the reality of the obligations assumed by the parties: the party must assume under the contract, agreement such an obligation that it is actually able to fulfill, and not accept declarations in the form of obligations (this principle is closely related to the previous one);
• systematic control over the implementation of collective agreements, agreements;
• obligation to fulfill collective agreements, agreements and liability for their non-fulfillment.

bodies social partnership are commissions for the regulation of social and labor relations. Note that social and labor relations are a broader concept than labor relations. These include labor relations, social security And household services, i.e., all relations of the social sphere. 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. Trilateral commissions are created on a parity basis by decision of the parties and from their representatives, endowed with appropriate powers.

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 federal law. Members of the Russian tripartite commission for the regulation of social and labor relations 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 constituent entities of the Russian Federation, the regulations on these commissions approved by the representative bodies of local self-government.

At the sectoral (intersectoral) level, sectoral (intersectoral) commissions may be formed to regulate social and labor relations. Sectoral (intersectoral) commissions can be formed both at the federal and at the interregional, regional, territorial levels of social partnership.

At the local level, a commission is formed to conduct collective negotiations, prepare a draft collective agreement and conclude a collective agreement.

Employee representatives in social partnership are: trade unions and their associations, other trade union organizations provided for by the charters of all-Russian interregional 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 the conduct of collective bargaining, conclusion of collective agreements, agreements, control over their implementation, in the exercise of the right to participate in the management of the organization and in the consideration of labor disputes are represented by the primary trade union organization, its body (trade union committee) or other representatives elected by employees, and when formation of tripartite commissions, collective bargaining, conclusion of collective agreements, agreements - the relevant associations of trade unions at various levels of social partnership and their representatives.

In the absence of a primary trade union organization in the organization or if it unites less than half of the workers, at the general meeting the workers may instruct this trade union committee or other representative body to represent their interests. The presence of another representative shall not be an obstacle to the exercise by the trade union committee of its powers.

Employer representatives when conducting collective negotiations, concluding or amending a collective agreement, the head of the institution or persons authorized by him shall appear. When concluding or changing social partnership agreements at their various levels, resolving the arisen collective labor disputes, the activities of the relevant tripartite commission, the interests of employers are represented by the relevant association of employers.

In our time, collective bargaining to the greatest extent reflects the social partnership of workers and employers in the world of work.
Collective bargaining between workers and employers appeared in the second half of the 19th century in industrial developed countries to resolve conflicts. The International Labor Organization provided for their implementation in ILO Convention No. 98 (1948) “The Right to Organize and Conduct Collective Bargaining”, and in 1981 the ILO adopted Convention No. 154 “On the Promotion of Collective Bargaining”.

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.
Representatives of the party who received a written proposal to start collective bargaining are obliged to enter into negotiations within seven calendar days from the date of receipt of the said proposal, sending a response to the initiator of collective bargaining indicating representatives from their party to participate in the work of the collective bargaining commission and their powers. The day of commencement of collective bargaining is the day following the day of receipt by the initiator of collective bargaining of the said answer

The refusal of the employer to start negotiations or avoidance of negotiations serves as the basis for initiating the procedure for resolving a collective labor dispute, since such a refusal means the beginning of this dispute.

Priority in determining the subject, content of negotiations is given to representatives of employees. Negotiating and preparing contracts and agreements is carried out by partners on an equal basis. To do this, their decision determines the commission, its composition (on a parity basis), and terms.

In case of disagreement of the parties during the negotiations, a protocol of disagreements is drawn up, which is transferred to the appropriate conciliation commission for the resolution of a collective labor dispute formed by the parties.

The moment of the end of collective bargaining is the moment of signing the collective agreement, agreement, protocol of disagreements. The signing of the protocol of disagreements is the beginning of a collective labor dispute.

The purpose of both the collective agreement and agreements is to establish such contractual regulation of social and labor relations, while coordinating the interests of the parties, so that it is higher in level than provided by law.
Collective agreement - this is a legal act regulating social and labor relations in an institution and concluded by employees with an employer through their representatives.

An agreement is a legal act that regulates social and labor relations and establishes general principles for regulating economic relations related to them, concluded between authorized representatives of employees and employers at the federal, interregional, regional, sectoral (intersectoral) and territorial levels of social partnership within their competence.

By agreement of the parties participating in collective bargaining, agreements can be bilateral and trilateral.
Agreements providing for full or partial financing from the relevant budgets are concluded with the obligatory participation of the relevant executive authorities or local governments that are a party to the agreement.