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What is social partnership in labor law. Social partnership in the field of education - types, tasks. Forms of social interaction

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 governments, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other directly related relations(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 relations between the subjects of social partnership - employees (their representatives), employers (their representatives), public authorities, local governments 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 authorities) and local governments (also executive).

Organs executive power represent the state in relations of social partnership. In this capacity, they perform a specific 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 legal status 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 labor is significantly increasing.

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

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 others public 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 ones 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 regulation of 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, industry (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 authority. 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 (RTC) 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 those cases when, 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, collective bargaining commissions 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.

Social partnership and its role in the regulation of social and labor relations

Social partnership- a system of relations between employees (representatives of employees), employers (representatives of employers), public authorities, local governments, 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.

Social partnership includes both bilateral relations between representatives of employees and the employer (employers, representatives of employers - bipartism), and tripartite interaction (tripartism) with the participation of state authorities and local governments. At the same time, it should be borne in mind that only executive authorities or local self-government bodies participate directly in the system of social partnership. They send their representatives to create permanent commissions, participate in the conclusion of agreements at the appropriate levels, and so on. (Article 35 of the Labor Code).

To basic principles of social partnership relate:

1) equality of the parties: manifested both in the initiative of negotiations, their conduct and signing of collective agreements and agreements, and in control over their implementation;

2) compliance with labor law: all parties and their representatives must comply not only with the Labor Code of the Republic of Belarus, but also with other labor law norms;

3) the authority to assume obligations is determined by the availability of written documents confirming the authority of the parties to conduct collective negotiations and sign collective agreements, agreements;

4) voluntary acceptance of obligations: 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 accept the obligation offered by the other party;

5) taking into account the real possibilities of making real obligations: the party must assume obligations under the contract or agreement not declarative, but which it is really capable of fulfilling;

6) obligation to fulfill agreements and responsibility for the obligations assumed;

7) renunciation of unilateral actions that violate agreements;

8) mutual informing the parties to the negotiations about the change in the situation.

Social partnership system

The social partnership system includes the following levels:
1) the federal level, which establishes the basis for regulating relations in the sphere of labor in the Russian Federation. At the federal level, the following can be concluded: general and sectoral agreements;
2) the regional level, which establishes the basis for regulating relations in the sphere of labor in a constituent entity of the Russian Federation. At the regional level (subject of the Russian Federation), regional and sectoral agreements are concluded;
3) industry level, which establishes the basis for regulating relations in the sphere of labor in the industry (sectors);
4) the territorial level, which establishes the basis for regulating relations in the sphere of labor in the municipality. At the territorial level (municipal formation) a territorial agreement is concluded;
5) the level of organization, which establishes specific mutual obligations in the sphere of labor between employees and the employer.
It should be noted that the economic and legal status of the social partners is different.

Social partnership is carried out in the following forms:
1) collective bargaining on the preparation of draft collective agreements, agreements and their conclusion. Collective bargaining and the conclusion of collective agreements 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 collective agreement regulation;
2) mutual consultations (negotiations) on the issues of regulating labor relations and other relations directly related to them, ensuring guarantees of labor rights of employees and improving labor legislation. Mutual consultations are carried out, as a rule, at the federal, regional, territorial, sectoral levels in the relevant commissions (Article 35 of the Labor Code).
Consultations at the organization level are carried out as part of the participation of employees in the management of the organization (Article 53 of the Labor Code);
3) participation of employees, their representatives in the management of the organization (Article 53 of the Labor Code);
4) participation of representatives of employees and employers in pre-trial 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 on a parity basis, a commission is created to labor disputes, 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 is used: by agreement of the parties, a commission is created from their representatives, the parties participate in the choice of a mediator, in the creation of labor arbitration, etc.

are the initial stage of the procedure for the development and conclusion and amendment of collective agreements, agreements.

The following issues are considered at the negotiations: 1) establishing, changing the socio-economic conditions of work and life of workers; 2) conclusion, amendment, execution or termination of collective agreements, agreements.

The parties to collective bargaining are representative bodies of workers and employers. Other persons can also participate in collective negotiations, except for representatives of the parties: specialists, experts who advise. But they don't vote.

The procedure for conducting collective bargaining:

Each party has the right to send a written request to the other party to conduct collective negotiations on the conclusion, amendment or addition of a collective agreement, agreement, the other party is obliged to start negotiations within seven days. By agreement of the parties, collective negotiations may be started at another time. To conduct negotiations, the parties create a commission on an equal basis (from an odd number) of authorized representatives. Representatives must have a document confirming their authority. Employers are required to provide information necessary for collective bargaining.

Representatives of the parties to collective bargaining, disclosing information that is a state or commercial secret, bear responsibility.

The composition of the commission, the terms and place of collective bargaining are determined by the parties. The parties do not have the right to terminate collective bargaining unilaterally.

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.

Collective agreement - local normative act regulating labor and socio-economic relations between the employer and his employees. It is always a two-way act. A collective agreement can be concluded both in the organization as a whole and in its separate subdivisions.

The parties to the collective agreement are the employees of the organization represented by their representative body and the employer or a representative authorized by him.

As a rule, the representative body of employees is trade union committee. If the interests of workers are represented by several trade unions, the parties to the collective agreement may be: 1) each of them on behalf of the workers united in it; 2) a trade union that unites the majority of workers at a given employer or has the largest number of members, to which this right is voluntarily granted by the rest of the trade unions; 3) a joint body voluntarily created by these trade unions. If more than 50% of employees in the organization are not members of trade unions, they can create their own body as a party to the collective agreement.

The other party to the collective agreement is the employer or his authorized representative. Representatives on the part of the employer may be officials who have the information necessary for conducting collective bargaining, relevant qualifications and experience (for example, managers structural divisions, legal adviser, Chief Accountant etc.). At the discretion of the employer, his representatives may also be persons who do not work in this organization, but who have some experience in conducting collective bargaining (for example, experts from an association of employers).

The collective agreement is writing in organizations of any organizational and legal form, their separate subdivisions (on issues within the competence of these subdivisions). Draft collective agreements are discussed at general meeting organization team. Signed collective agreement on each page by authorized representatives of the parties. Signed collective agreement registered in the local executive or administrative body at the location (registration) of the employer. To do this, the employer submits to the relevant authority: 1) an application with a request for registration; 2) a collective agreement signed on each page; 3) copies of documents confirming the powers of the parties to sign the collective agreement. Registration is carried out within two weeks from the date of filing an application with a corresponding entry in a special journal, and a registration stamp is placed on the first page of the submitted collective agreement.

The collective agreement is concluded for a period determined by the parties, but not less than one year and not more than three years. It comes into force from the moment of signing, or from the date that the parties establish, and is valid, as a rule, until the conclusion of a new contract. In case of reorganization of the organization, the collective agreement remains valid for the period for which it is concluded, unless otherwise decided by the parties. When the owner of the organization's property changes, it is valid for three months.

Agreement- this is a normative act containing the obligations of the parties to regulate relations in the social and labor sphere at the level of a certain profession, industry, territory.

Depending on the scope of regulated social and labor relations, the following types of agreements can be concluded: general, tariff and local.

General The (republican) agreement establishes general principles for the regulation of social and labor relations at the republican level.

Tariff(industry) agreement establishes wage rates and other working conditions, as well as social guarantees and benefits for industry workers.

Local the agreement establishes working conditions, as well as social guarantees and benefits related to territorial features city, district, other administrative-territorial formation.

Agreements by agreement of the parties participating in the negotiations can be bilateral and trilateral.

Agreements providing for the full or partial budget financing are concluded with the obligatory participation of representatives of the relevant executive authorities.

The procedure, terms for the development and conclusion of agreements are determined by a commission formed by the parties on an equal basis from representatives vested with the necessary powers.

The agreements are in in writing, for a period not less than one year and not more than three years. The agreement is signed on each page by authorized representatives.

Signed general, tariff (industry) and local agreements are subject to mandatory registration.

Similar information.

Education as a social institution plays an important role in the process of human socialization. It is responsible for the timely and adequate preparation of the individual for a full-fledged life in society. Understanding the essence and specifics of the education system is not easy. The state regulates the unified educational space, but in addition to this, there are many practices that complement the process. One of such phenomena is social partnership in education. What it is, what its methods are and what its system is, let's try to figure it out with the help of examples.

Partnership as an element of social interaction

"You - to me, I - to you" - this is how the meaning of the word "partnership" can be characterized. Initially, this concept was used only in social and economic sciences. They characterized the process of coordination of actions by the participants. In a broader sense, "social partnership" should be considered as a system of solvations (interactions), as a result of which subjects satisfy their needs.

Over the past few years, social partnership has begun to be interpreted as a multi-layered process, where the functioning of the elements is clearly regulated and aimed at achieving positive changes. That is, it can be understood as a kind of relationship between subjects that are united by common interests and jointly solve the problems that have arisen. The main task of the partnership is to overcome possible differences in the actions of the participants, harmonize work and level conflicts.

Educational process

Based on the foregoing, social partnership in the field of education can be defined as the common actions of subjects related to the educational process. It is typical for such actions to have the same goals and bear mutual responsibility for the results obtained.

The system of social partnership in education is considered at three levels:

Relationships social groups professionals within the system.
Partnership of employees of the education system with representatives of other organizations and social institutions.
The relationship between the institution of education itself and the public.

The development of social partnership in education dates back to the 80-90s of the last century. At this time, educational institutions become autonomous, and the demand for highly qualified personnel increases in the labor market. The institution of education begins to play a key role in the development of the state. An important element in the social partnership of the educational sphere is the relationship between educational institutions, trade unions, employers and government agencies. Their main purpose is to: identify the needs of the labor market in order to increase human resources; form an educated personality with an active life position; increase the economic and spiritual potential of society as a whole.

Translated into human language, this means that dynamic changes are taking place in the country. Partnership schemes like the USA are beginning to be introduced, and against the backdrop of this evolutionary chaos, the need for “other people” arises. That is, society needs personnel who have already been trained in new standards. And here the institution of education comes to the fore, because who, if not him, is responsible for teaching the younger generation new methods. This, in fact, is the main essence of the concept of "social partnership in the field of education."

But over time, the leading figures of the country begin to understand that in general, it is not very logical to consider the interaction of educational institutions, economics and politics. Many are overlooked important points, which are at the lowest levels of institutional gradation. Therefore, social partnership in education begins to “acquire new shoots”, each of which is responsible for its own area.

Municipality

Now partnership can be considered in the environment of development of various educational institutions. The first thing to start with is the municipality. It is understood as a general educational process that is carried out in a certain territory and solves problems peculiar only to it. To make it a little clearer, you can hover small example. Suppose there is a small educational process in institutions is carried out according to current legislation, but in addition included special elements that are unique to this area. Within the framework of education, thematic fairs, days of memory of famous personalities who used to live in this territory can be held or craft circles are created, which are popular in a particular region.

The municipality is divided into 5 types:

rural settlements. This includes villages (towns, farms, etc.) that are located on a certain territory.
urban settlements. Can be classified as cities or urban-type settlements.
Municipal areas. These include several cities or villages where local self-government solves general issues.
Urban districts. That is, cities that are not included in the directive of municipal districts.
Autonomous urban areas. Parts of the city with its organizational structure. For example, the Indian quarter in Singapore: on the one hand, a part of the city, on the other, a separate element of it.

Social partnership in the municipality is carried out between the governing bodies educational processes locally, and by the authorities of the country. The main specificity of such interactions is financing. For example, the state has long established that the municipal system is responsible for providing benefits. Educational subventions are also provided, which the local government system divides into all educational institutions depending on their needs and status. Also, the state can provide information on the need in the labor market for specialists who are trained in an institution that is located on the territory municipal district. The authorities take this into account and can increase the funding of the institution, the number of budget places, etc.

Teacher Education

For those who do not know what teacher education is: it is the process of preparing highly qualified specialists for work in educational institutions. That is, the training of educators, teachers and professors.

Social partnership in teacher education directly depends on the expectations of the public. Recently, quality requirements have increased significantly. school education, because of this, it became necessary to change the methods and technologies of teacher training. The development of teacher education depends on the following factors:

Political innovations in education.
The presence of a concept that allows the involvement of state and municipal authorities to support research.
Create a service public control, which, focusing on government requests could guide the system of teacher education in the right direction.

If the “municipal partnership” focused mainly on the financial side of the issue, then teacher education is based on the demands of the public to improve the quality of education in accordance with modern standards.

For example, a few years ago there was a need for the emergence of extracurricular educational institutions. Initially, this was wanted by the parents, who decided that the child should develop more fully. Gradually, demand for such institutions begins to arise, and the state is already getting involved, requesting teachers who would be specially trained to provide this kind of service.

In general, the essence is clear: since every person attends educational institutions, the task of teachers is to form a personality that is in demand in society. And if any changes occur, then the training of teachers also changes, because only they can painlessly introduce innovative programs into society.

Professional education

Now society requires specialized educational institutions to produce specialists who are ready to immediately start working. Also, the economic institute requests a certain number of specialists in a particular field. Social partnership in vocational education is to provide the labor market with the required personnel in the right quantity.

Everything is extremely simple here: the market is a cyclical system in which something is constantly changing. One year there are not enough economists, another year it is impossible to find a lawyer. And, having heard that there are not enough representatives of certain professions in the labor market, applicants massively begin to apply for this particular specialty. As a result, supply begins to exceed demand and the unemployment rate rises. To prevent this from happening, there is a social partnership in education, which allows the most efficient use of human resources.

Preschool education

The modern cannot fully develop without interaction with society, so partnership is especially relevant here. Social partnership in preschool education consists in creating links between a preschool institution and cultural, educational and other development centers. This practice causes a higher level of perception in the child, he develops faster and learns to build his partnerships, according to the type of "you - to me, I - to you."

Working in a social partnership helps to expand the cultural and educational environment of the child, and accordingly, it will be easier for him to adapt in the future. In this segment of interaction, they show him what is interesting and informative, teach him what is necessary. They also work with families who are also members of the social partnership.

Additional education

Social partnership in education plays a significant role even in an environment that provides additional knowledge. It can be language schools courses, seminars or workshops. That is the view educational activities, which implies the comprehensive development of a person - this is additional education. Social partnership in this environment is to provide all kinds of knowledge and opportunities. If to describe theses, then the partnership is engaged in the following:

Preserves the main ideas of organizing work in the field additional education.
Maintains relationships with government agencies, the business environment, society and parents.
Takes an active part in its development. Responsible for the outreach segment of continuing education, which includes talent scouting programs, support for disadvantaged children, or the provision of continuing education services for children with disabilities.
distribution budget funds in accordance with the requests of organizations.

Additional education can be divided into three main groups: cultural, humanitarian and technical. Each of these groups provides general fundamentals knowledge, as well as modern innovative ideas. Since now knowledge is the most valuable currency, in the environment of additional education they are trying to provide the necessary basis on which comprehensive individual development will be formed in the future.

How is the partnership organized?

Organization of social partnership education is based on the following:

Legislative acts. Laws created by the state are the main source of formation and development of social partnership. They regulate the field of action and the limits of the participants' possibilities.
Local management. Each municipality has its own rules and laws, some of which also apply to social cooperation. Take, for example, the municipality system. Suppose this organization received a certain amount for development educational system in your area. She could divide everyone equally, but this does not happen.
Society and economy. The education system is closely linked to the needs of the public and economic changes. And if something new enters people's lives that does not concern education either directly or indirectly, then academic plan is still changing so that in the future pupils and students meet the expectations of the market.

Is social partnership necessary in education?

Today, unfortunately, it is impossible to compare the concepts of "social partnership" / "quality of education". Although they have made some progress, there are still a lot of unresolved issues.

Initially, social partnership was implemented in the same way as America and Europe, only the peculiarities of our state, its culture and mentality were not taken into account. As a result, many important points were missed. However, despite all this, the partnership brings positive changes in the development of education even today.

Social partnership in education (priorities and opportunities):

The main priority goal of interaction is to satisfy the common interests of all members of the community. Not only are taken into account social institutions and the processes that take place in them, but the subjects of interaction (teachers, students, parents).
The social partnership program helps to make learning more effective. Members educational process become popular in the social environment.
The right approach and regulation of partnerships give impetus to the full development of society, relieving it of unemployment and filling it with in-demand specialists.

Outcome

There are many examples of social partnership in education. This is a system of rewarding students for good grades (scholarship), and agreements between educational institution and an employer who is willing to hire a former student, and even parent-teacher dialogue. But the main component of this process is high-quality knowledge, the carrier of which is so demanded and expected by society.

Social partnership secured Labor Code RF, is in labor law Russia with a new method of legal regulation of labor, 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 the 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 consumer services, that is, all relations in 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 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.

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.

If there is no 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 industrialized countries to resolve conflicts. international organization labor provided for their implementation in the ILO Convention No. 98 (1948) "The right to organize and conduct collective bargaining", and in 1981 the ILO adopted the Convention No. 154 "On the promotion of collective bargaining".

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.

If the parties disagree 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.

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.

This concept briefly indicates the parties and the content of the collective agreement. It is always a two-way act.

Agreement is a legal act that regulates social and labor relations and establishes general principles for the regulation of related economic relations concluded between the 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.

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.

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. They include labor relations, social security and consumer services, that is, all relations in 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 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.

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 industrialized 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 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.