Social Partnership Bodies. Basic principles and objectives of social partnership

Social partnership is a certain set of relationships between employees and employers, their representatives, federal and municipal authorities. These interactions are established to ensure the coherence of interests of employees of enterprises and employers on issues related to the regulation of their professional activities. State authorities are party to social partnership, if required by law.

Key principles

Parties and bodies of social partnership carry out their activities based on:

1. Equal rights of all participants.
2. Respect and consideration of interests.
3. Interests of participants in establishing contractual relations.
4. Assisting the authorities in strengthening and developing the institution of social partnership in a democratic form.
5. Compliance of participants with legislative and other regulatory acts.
6. Authority of representation.
7. Freedom of choice when discussing labor issues.
8. Voluntary commitment by participants.
9. Monitoring the implementation of collective agreements, contracts.
10. The reality of the commitments made.
11. Responsibility of participants for failure to fulfill the terms of collective agreements through their fault.

Levels

Social partnership bodies are formed at several levels. In particular, stand out:

1. Federal structures. At this level, the foundations of the regulation of relations arising in the framework of professional activity are established.
2. Regional structures. At this stage, the foundations of the regulation of labor relations within a specific subject of the country are determined.
3. Branch structures. At this level, the foundations for a specific sector of the economy are established.
4. Territorial structures. At this stage, a regulatory framework is being formed that regulates interactions in the municipality.
5. Structures within the enterprise. At this stage, mutual obligations are formulated in the framework of the professional activities of the employer and employees.

Forms

Social partnership bodies carry out their activities through:

1. Collective bargaining on the preparation of agreements and their conclusion.
2. The participation of employees and their authorized persons in the management of the enterprise.
3. Mutual consultations regarding the regulation of professional and other relations directly related to them, improvement of industry legislation, and guaranteeing the rights of employees.
4. Participation of persons authorized by the employer and employees in pre-trial settlement of conflicts.

Structures

The bodies of social partnership are special commissions. They provide regulation of relations arising in the framework of professional activities, negotiation, preparation of draft collective agreements, their conclusion. Commissions are involved in monitoring the implementation of the terms of the contract on an equal basis. These bodies of social partnership include authorized persons from the employer and employees. Depending on the level, the activities of the commissions are carried out in accordance with specific legislation or regulations. So, at the federal level, a tripartite body is being formed. It acts constantly in accordance with the Federal Law.The members of this commission are authorized persons from the all-Russian trade union associations, employers' unions, as well as the Government of the country. Tripartite structures can also be formed in the constituent entities of the Russian Federation. They carry out activities in accordance with the provisions of regional laws. At the territorial level, commissions are formed, the work of which is regulated by the regulatory acts of the subjects, as well as the Regulations approved by representative local institutions. At the industry level, commissions are formed whose functions include conducting collective bargaining, preparing draft intersectoral agreements, and also concluding them. Such structures can be both federal and regional. Similar provisions apply to organizations. It is a body of social partnership commission authorized to conduct collective bargaining, develop agreements. They can also be involved in resolving conflicts between employees and the employer.

Collective bargaining

Social partnership bodies participate in them on an equal basis. Persons authorized by the employer and employees discuss during the negotiations the project, the procedure for concluding and amending collective agreements. Any of the participants can take the initiative in their conduct. The social partnership bodies that received a written notice with the proposal to start negotiations are required to join them within 7 days (calendar) from the date of acceptance of the notification.

Negotiation Procedure

Social partnership bodies - representatives of workers, employers - are free to choose regulatory issues. Some enterprises have more than one primary union. To enter into negotiations, these bodies of social partnership form a single structure. Her education is carried out on the principle of proportionality of participation in accordance with the number of members of each trade union. If, from the moment the negotiations began, a single structure has not been created, then the representative office should carry out the primary trade-union organization. At the same time, there should be at least half of the employees of the enterprise. If no structure consists of such a number of employees, then at the general meeting the primary trade union is determined by secret ballot. She is entrusted with the formation of a body that will represent the interests of workers. At the same time, other professional structures have the right to send their members to negotiations until the signing of the agreement.

Nuances

The right to conduct collective bargaining, to sign agreements on behalf of employees at the federal, regional, sectoral and territorial levels is obtained by the relevant trade unions or their associations. If at one or another stage there are several such structures, then a participant is selected from each of them. A single structure is formed from them. It is created taking into account the number of participants in each trade union or association. If an agreement on the establishment of a single body has not been reached, the right to negotiate is granted to the trade union, which has the largest number of members.

General rules

After it is determined which organization is the social partnership body from the employer and employees, negotiators no later than 2 weeks from the date of receipt of the request must transmit the necessary information for their conduct. All entities involved in the process do not have the right to disclose information that they become aware of if they are considered a secret protected by law. Persons who violate this requirement are brought to criminal, disciplinary, civil, administrative responsibility. The order, place, timing of collective bargaining is determined by their participants.

Compensation and guarantees to entities participating in negotiations

Persons from whom the bodies of social partnership in the sphere of labor are formed are exempted from their main professional activities during the discussion of issues included in the agenda of the meeting. Moreover, they are guaranteed the preservation of the average salary for the period established by the negotiators. However, it should not exceed 3 months. All expenses related to participation in negotiations must be compensated in accordance with the legislation and the collective agreement. Participants, if necessary, can involve experts, intermediaries, specialists in the process. The costs associated with this are borne by the inviting participants, unless otherwise provided in the agreement.

A responsibility

The subjects that form the bodies of social partnership in the world of work cannot be disciplined for the period of negotiations, transferred to another place of professional activity and dismissed on the initiative of the employer without the prior consent of the structure that authorized them to participate. The exception is situations when the contract is terminated for a violation for which dismissal is provided. Representatives who evade participation in negotiations to amend, conclude agreements or contracts or illegally refuse to sign an already agreed document are fined. Its size and collection procedure are established by federal law. Subjects who are guilty of not providing information necessary for negotiating and monitoring compliance with the agreement.

Collective agreement

It is a regulatory act that governs social and labor relations at an enterprise concluded by representatives of employers and workers. If agreement is not reached on certain sections of the draft agreement within 3 months from the date of the start of negotiations, the participants must sign an agreement on the terms by which agreement was reached, drawing up a protocol of disagreements. The latter may subsequently be included in the agenda of other negotiations. A collective agreement can be signed at the enterprise as a whole, at its branches or other structural units. In the latter cases, the heads of these departments act as representatives of the employer.

The structure and content of the contract

They are determined by the parties to the relationship. The collective agreement may contain mutual obligations on the following issues:

1. Size, systems and forms of remuneration.
2. Compensation, benefits.
3. The mechanism of regulation of payment, taking into account price increases, inflation, achievement of indicators established by collective agreement.
4. Retraining, employment, conditions for the release of employees.
5. Time for work and rest, including questions regarding the provision and duration of vacations.
6. Improving conditions and ensuring the health of employees.
7. Benefits and guarantees for employees who combine training with professional activities.
8. Improvement and relaxation of workers and their relatives.
9. Monitoring the implementation of the collective agreement, the procedure for amending and supplementing it, establishing responsibility, ensuring normal conditions for the activities of trade unions.
10. Refusal from strikes in compliance with the relevant conditions of the agreement.

In the collective agreement, taking into account the financial and economic situation, a procedure may be formulated in accordance with which a preferential system is established. Bodies of social partnership, in particular, can agree on securing benefits - the conditions for professional activities, more favorable in comparison with those established by law.The collective agreement must prescribe the regulatory provisions, if the legal acts expressly require them to be fixed in the document.

Agreement validity

A collective agreement may be concluded for a period not exceeding 3 years. It takes effect from the date of its signing by the participants, or from the day specified in the conditions. Parties may extend the term, but not more than 3 years. The provisions of the document apply to all employees of a particular enterprise, its branch or other structural unit. If you change the name of the company, termination of the contract with the head of the collective agreement is preserved. In the event of a reorganization (transformation, merger, separation, accession, spin-off), it has power throughout its entire period. When changing the type of ownership of the enterprise, the collective agreement continues to be valid for 3 months. from the date of transfer of rights to another entity. In the latter two cases, any of the parties to the agreement may send the other a proposal to conclude a new act or extend the valid for a period of up to 3 years. Upon liquidation of the enterprise, the agreement shall remain valid for its entire term.

Classification

As mentioned above, federal, regional and territorial bodies are parties to social partnership. In cases established by law, general, intersectoral, local and other collective agreements may be concluded. The distribution into categories is carried out depending on the area of ​​regulated relations. The general agreement defines the general principles in accordance with which the action of authorized federal structures is carried out. Regional documents establish the rules for regulating labor relations of a professional nature at the level of the subject of the country. Industry agreements define the general payment procedure, guarantees and benefits for employees in a particular economic sector. Territorial documents establish the same categories for a particular municipality. Industry agreements can be concluded at the local, federal, regional levels. Documents signed by agreement of the participants may be three- and two-sided. In practice, other agreements are concluded on certain aspects of the regulation of professional or directly related relations.

Conclusion

Structures of social partnership play a significant role in establishing relations in the field of professional activity. they are authorized to negotiate to ensure the interests of the parties in their interaction. Of particular importance is their participation in discussions regarding changes, additions to projects and the signing of collective bargaining agreements. These documents spell out the key principles, the rules of interaction between the employer and the employees of the enterprise. The bodies of social partnership are commissions - structures formed directly to carry out the above functions. Legislation provides for a certain order of interaction between entities. It should be based on the principle of equal rights of participants. Entering into labor relations, subjects have to deal with different norms. Regardless of whether the citizen is an ordinary employee of the enterprise or his manager (employer), he needs to understand the provisions of the current legislation, to know his duties, responsibilities and rights. There are various teaching materials in which you can find all the norms used in the framework of professional activities. In addition, in the Russian Federation there are different training courses.Universities operate in the country, where, among other things, a legal discipline studying social partnership bodies is included in the training program (this is MIT (Moscow Technological Institute for example)).