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What is a trade union and its functions. The economic role of trade unions: world and Russian experience. Need help with a topic

Functions of trade unions

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

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

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

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

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

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

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

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

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

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

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

Fundamental rights of trade unions

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

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

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

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

The concept of trade unions. Their tasks and functions

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

trade union trade union function

The functions of trade unions are the directions of their activity.

Protective function trade unions, is also traditional for the Soviet trade unions. Due to the fact that historically it arose earlier than other functions, its content is characterized by significant and complex changes.

The task of protecting the rights and interests of the working people in a socialist society by trade unions is an integral part of the activity of the entire system of organizations of Soviet society, and above all of the Communist Party and the socialist state. The features of the protective function of trade unions in comparison with the protection of the rights and interests of workers by other organizations of Soviet society are that, firstly, trade unions are called upon to protect the rights and interests of workers and employees, mainly in the field of social and labor relations; secondly, the main goal of trade unions in this case is to prevent (prevent) possible violations of these rights and interests; thirdly, in protecting the rights and legitimate interests of workers and employees, trade unions use ways and means that are inaccessible to the state apparatus.

FUNCTION REGULATIONS. In conditions where trade unions do not have (according to Russian legislation) the right to legislative initiative, they actively exercise their participation in the rule-making process through proposals and amendments to draft laws that are sent to the Committees of the State Duma of the Russian Federation, through the RTK, through the Association of Trade Unions of Russia (FNPR), etc.

Implementing this function, the trade union committees, formulating a reasoned opinion on a particular local legal act educational institution, carries out essentially an examination and a deep analysis of it in order to protect the members of the Trade Union from the negative consequences of the introduction of a normative act into life

FUNCTION CONTROL. In accordance with the legislation of the Russian Federation, trade unions are granted the right to exercise control over compliance by employers and their representatives labor law and other normative legal acts containing labor law norms.

Trade union legal and technical inspectors, authorized (trusted) persons for labor protection in an educational institution have the right to freely visit organizations in which members of the trade union work to conduct inspections of compliance with labor legislation, labor protection standards, as well as compliance with the conditions collective agreement, agreements.

FUNCTION CO-MANAGEMENT. The main forms of participation of trade union organizations in management at the level of an educational institution are: taking into account the opinion of the trade union body in cases provided for by the Labor Code of the Russian Federation, a collective agreement; holding consultations with the employer (administration) on the adoption of local regulations containing labor law norms; obtaining information from the employer on issues directly affecting the interests of employees; discussion with the employer of questions about the work of the institution, making proposals for its improvement; participation in the development and adoption of collective agreements; other forms defined founding documents organization, collective agreement or local regulatory act of the organization.

One of the important forms of co-management is the receipt by the trade union committee from the administration of the necessary information on such issues as: reorganization or liquidation of the organization; the introduction of technological changes that entail a change in the working conditions of workers; professional training, retraining and advanced training of employees; on other issues provided for by the Labor Code of the Russian Federation, federal laws, the constituent documents of the organization, the collective agreement. As part of the function of co-management, the trade union committee has the right to make proposals on the above issues to the management bodies of the organization and participate in meetings of these bodies when they are considered. The implementation of the function of co-management is an important mechanism for the trade union organization in the implementation of the statutory goals and objectives.

EDUCATIONAL FUNCTION. Determining the content of trade union education, developing the most effective methods and organizational forms training of trade union activists, their improvement - are the main problems in the activities of trade union training committees. Forming your own asset training system, you should actively introduce non-standard models of their training. Along with traditional questions, it is advisable to include rhetoric, logic and other unusual components in training programs that expand the opportunities of a trade union activist, especially in conditions of broad social partnership. It is important in the organizations of the Trade Union to create a learning environment that would actively contribute to the formation and development necessary qualities, skills, abilities. This difficult task requires constant attention and participation in its resolution of all structures of the Trade Union.

ORGANIZING FUNCTION. The organizational function permeates all areas of activity of trade union organizations, elected bodies in the trade union and is implemented at four levels.

1. Organizational (practical) level:
- - ensuring activities supreme bodies trade union organization;
- - ensuring the activities of collegial elected trade union bodies;
- - organization of the work of the permanent commissions of the trade union committee;
- - holding meetings, conversations, round tables, business negotiations, conferences, etc.;
- - organization and use of oral and visual art information (lectures and speeches, trade union corners, information stands of the trade union committee, announcements, information leaflets, exhibitions, etc.);
- - organization and holding of mass cultural and sports events (evenings, sports competitions, etc.);
- - organization of recreation (weekend trips, organization of family leisure, etc.);
- - health-saving measures (preventive medical examinations, organization of sanatorium-and-spa treatment), etc.
2. The level of trade union rule-making:
- - development and adoption of the Regulations on the organization;
- - formation and decision-making of higher and executive bodies of trade union organizations (in the form of resolutions);
- - formation of a motivated opinion of the trade union committee, etc.;
- - formation and decision-making of individual elected trade union bodies (chairmen of organizations in the form of orders);
- - preparation and adoption of resolutions, statements, appeals, open letters on certain topical social and labor problems in the team;
- - formation of submissions, appeals and claims to inspection bodies, trade union bodies and courts, etc.
3. The level of analytical and creative activity of the trade union committee:
- - development of plans, determination of prospects for the development of the trade union organization, clarification of goals and specification of tasks;
- - development of a draft collective agreement, an agreement on labor protection, etc.;
- - development of scenarios for holding events, promotions;
- - generalization of the practice and experience of the work of commissions, trade union activists (compilation of information certificates);
- - analysis of the state and results of the activities of elected trade union bodies in various areas (statistical and other reports);
- - preparation of teaching materials;
- - preparation of newsletters, visual information, etc.
4. Technology level:
- - adaptation of various methods of organizational and statutory work of the trade union committee; - adaptation of methods and recommendations for holding collective actions, strikes, etc.
- - development of measures to use experience and introduce new forms of work of trade union organizations into practice (trade union circles, experience in developing targeted projects for the activities of a primary organization, etc.);
- - development of criteria for evaluating the activities of permanent commissions and activists, identifying the effectiveness of the activities of trade union organizations, etc.

Often at meetings labor collectives you can hear questions like this: “What does the trade union do?”, “What are the main tasks and functions of trade unions?” and " " These are quite voluminous questions, we will try to answer them.

The main function or task of trade unions is the representation and protection of professional, social and labor and related economic interests and rights of trade union members.

Sometimes it is better to see than to hear or read 100 times. In the following 9 photographs, you can identify the main functions, tasks and areas of work at a glance trade unions.

Now let's dwell on the activities of the unions in more detail.

The main activities of trade unions are:

development of a draft collective agreement, negotiating with the employer on its conclusion, amendment, addition and control of its implementation — the most important activity of the trade union;
participation in the establishment of wage systems, sizes tariff rates(salaries), forms of material incentives, labor standards, work and rest schedules in the organization;
participation in the creation of a program of employment, training and retraining of personnel, cooperates with government agencies designed to assist in employment, retraining and material support for the unemployed;
implementation of a protective function in order to constantly monitor compliance by employers with labor legislation, regulations and agreements on labor protection, work to improve working conditions, health and life of workers, control over the use of funds intended for these purposes;
organization of protest actions, up to strikes, to protect the legitimate rights and interests of trade union members;
provision of free legal assistance to trade union members;
conducting explanatory work on the registration of trade union members with the organization and;
organization of mass cultural, educational, physical culture and health-improving work, carrying out activities to organize recreation for employees and their families.

The above areas of activity of trade unions are an integral part of the existence and development of the organization.

We realize the main tasks of trade unions

In order to protect the labor interests of employees, in trade union committee In our organization, commissions have been created that carry out work in all important areas of the organization's activities.

One of the main tasks of trade unions in the field of labor rationing and wage issues

A special place is given to the commission on the regulation of labor and wages. Members of this commission, representing the interests of employees, prepare proposals and participate in negotiation processes with the administration on issues of labor organization and wages, are working on various local regulations, conduct inspections of compliance with labor legislation in the divisions of the enterprise. The position of the trade union committee on wage increases is as follows: it is necessary to resolve this issue for all categories of workers. An increase in wages should be received not only by those working on the main orders, but also by those who provide this very job.

Tasks of trade unions in the field of labor protection

The trade union organization exercises public control over the fulfillment by the administration of the requirements of labor protection legislation. To this end, labor protection commissioners are elected in all trade union organizations of shops and departments.

The main tasks, the content of the work, the rights and guarantees of the rights of the authorized persons are determined by the standard developed by the trade union committee, STO UILK 161 "Organization of the work of authorized persons for labor protection of the trade union committee."

The questions often arise: “by whom are the labor protection commissioners of the trade union committee elected?”

In accordance with the standard of the UILK 161 company, the commissioners are elected at general meetings or conferences of labor collectives of divisions.

The labor protection commissioners of the trade union committee are actively working to protect the legitimate rights and interests of employees, take part in comprehensive surveys of the conditions and labor protection in subdivisions, checks of the three-stage control method, acceptance into operation of industrial and sanitary facilities, as well as in the investigation of accidents. accidents at work and occupational diseases.

Certain issues of labor protection are considered at the presidium of the trade union committee, including: “On the preparation of the enterprise for work in winter conditions"," On the conditions of the microclimate in industrial premises”, “On the provision of overalls”, “On the provision of therapeutic and preventive nutrition”, “On industrial accidents”.

All activities carried out by the trade union committee are aimed at improving the working conditions of workers and maintaining their health.

No less important task of the trade union - Legal assistance

Legal consultations in the trade union committee on issues of various branches of legislation are annually received by more than a thousand members of the trade union. AT necessary cases provides practical assistance in the preparation statements of claim and complaints for recourse to the courts, as well as representing the interests of trade union members directly in court hearings.

Particular attention is paid to the issues of monitoring compliance with the current labor legislation. Requests for the elimination of identified violations are sent to the Company's administration.

An effective tool for resolving individual labor disputes and, accordingly, regulating social and labor relations at an enterprise is the Commission on Labor Disputes (CTC). Separate decisions of the commission become precedent, on the basis of which changes are made to the current local acts of the Company. In solving the main trade union tasks, it is necessary to use the widest possible range of tools.

The social task of the trade union is Caring for veterans

A great deal of work to help our workers who have gone on a well-deserved rest is carried out by the council and the trade union committee of veterans. They work closely with the administration and trade union committees of the units.

The members of the council and the trade union committee of veterans organize home visits to sick veterans, hold various cultural events, prepare appeals to state and legislative authorities, and enforce laws at the local level.

To control compliance with labor legislation, labor protection and women's health, provide free legal assistance, organize leisure time for employees of the enterprise, a commission on labor and life of women, protection of motherhood and childhood (women's council) works under the trade union committee.

An important function of the trade union is to consolidate social guarantees working women in the Collective Agreement.

The women's council of the enterprise works in close cooperation with the women's councils of workshops and departments. This asset, defending the interests of women, has an effective impact on various areas of work and life of factory workers.

Children is our future

One of the main activities of the trade union organization for many years has been the military-patriotic, sports and aesthetic education of young people. The trade union organizations of the subdivisions patronize the schools of Yagry Island.

The trade union committee is traditionally the organizer and inspirer of sports and creative competitions and competitions held among children and schoolchildren of the microdistrict, provides all possible support to the association of children's clubs.

A special task of the trade union is the organization of annual recreation and sanatorium-and-spa treatment for the children of the enterprise's employees.

It's safer with us

In conclusion, we emphasize that in any difficult life situations, performing its tasks and functions, the trade union organization of the Ship Repair Center Zvezdochka is ready to provide assistance and assistance to its members!

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Introduction

Trade union, abbreviated trade union, in accordance with the Federal Law of January 12, 1996 No. 10-FZ "On trade unions, their rights and guarantees of activity" - voluntary social organization, uniting workers connected by common interests by the nature of their activities, both in the production and non-production spheres, to protect the labor and socio-economic rights and interests of its members.

The role of trade unions in civil society:

· Protection of legal rights and interests of employees.

· Participation in the establishment of an efficient economy that allows the implementation of the principle of economic democracy and social justice.

indicator public opinion, system element feedback to change government policy.

· Representing the economic interests of employees in the labor market.

The foundations for the creation of trade unions in Russia are laid down in Art. 30 of the Constitution of the Russian Federation: everyone has the right to association, including the right to form trade unions to protect their interests. Freedom of action public associations guaranteed. No one can be forced to join or stay in any association, that is, the right of both free entry into trade unions and unhindered exit is guaranteed.

Main functions of trade unions:

a) Representative - representing the interests of employees before the employer, municipal, regional and federal authorities.

b) Protective - protection of the labor rights of workers, their socio-economic interests.

c) Control - control: enforcement of labor legislation, social sphere, a collective agreement at the enterprise and agreements at the federal, regional and municipal levels; compliance with labor and industrial safety standards.

d) Organizational - organization of employees for joint actions to protect their rights and interests.

1. Organizational structure of trade unions

The basis of the organizational structure of the trade union is the primary trade union organizations. The Law on Trade Unions gives the following definition of a primary trade union organization: "a voluntary association of trade union members working, as a rule, at one enterprise, in one institution, one organization, regardless of the form of ownership and subordination, acting on the basis of the provision on the primary trade union organization of the relevant trade union" Federal Law "On trade unions", art. 3.

If a federal subject has several primary organizations one trade union, they, as a rule, unite in the territorial organization of the trade union.

The Federation unites two types of member organizations:

a) all-Russian and interregional trade unions;

b) territorial associations of trade union organizations.

The territorial association of trade union organizations unites the territorial organizations of all-Russian trade unions that are members of the FNPR, which operate on the territory of a subject of the federation.

Functions of the territorial association of trade union organizations:

a) Representing the interests of the Federation of Independent Trade Unions of Russia in the subjects of the Federation.

b) Coordinating the activities of trade union organizations in a constituent entity of the Federation.

c) Ensuring the interaction of member organizations.

d) Regulation of social and labor relations on the territory of a constituent entity of the Russian Federation.

employment labor legislation trade union

2. Legal support for the activities of trade unions

The Federal Law “On Trade Unions, Their Rights and Guarantees of Activity” empowers trade unions to represent and protect the rights and interests of trade union members on issues of individual labor and labor-related relations, as well as the collective rights and interests of all workers, regardless of their membership in trade unions, if trade unions are endowed with such powers in accordance with the established procedure.

The legal basis for the activities of trade unions in modern Russia are: the Constitution of the Russian Federation, the Federal Law "On trade unions, their rights and guarantees of activity", Labor Code Russian Federation:

a) the right of trade unions to represent and protect the social and labor rights and interests of workers;

b) the right of trade unions to promote employment;

c) the right of trade unions, primary trade union organizations to conduct collective negotiations, conclude collective agreements, agreements and control their implementation;

d) the right to participate in the settlement of collective labor disputes;

e) the right of trade unions to information (to receive it from the employer, public authorities, to use the state media);

f) the right to train and improve the skills of trade union personnel;

g) the right to exercise control over compliance with labor legislation;

h) law in the field of labor protection and the environment;

i) the right to participate in the privatization of state and municipal property;

j) the right to social protection of employees;

k) the right to represent the interests of employees in labor dispute resolution bodies;

l) property rights of trade unions.

Guarantees for the activities of trade unions:

a) guarantees of property rights;

b) guarantees to elected employees;

c) guarantees for judicial protection;

d) guarantees from the employer.

Trade Union Responsibility:

a) for violation of constitutional norms;

b) for failure to comply with the collective agreement;

c) for organizing an illegal strike recognized by the court.

Relations with government authorities:

a) lack of accountability;

b) a system of agreements;

c) suspension of the activities of trade unions only by judicial procedure.

International principles and norms of law have a decisive influence on the formation of Russian legislation, including in matters relating to the activities of trade unions.

3. Social partnership

Social partnership is a civilized system of public relations in the social and labor sphere, based on the coordination and protection of the interests of employees, employers, entrepreneurs, state authorities and local self-government on the basis of contracts, agreements, reaching a compromise, consensus on topical issues of economic and socio-political the life of society.

The main principles of social partnership are:

a) - equality of the parties;

b) - respect and consideration of the interests of the parties;

c) - the interest of the parties in participating in contractual relations;

d) - assisting the state in strengthening and developing social partnership on a democratic basis;

e) - observance by the parties and their representatives of labor legislation and other normative legal acts containing labor law norms;

f) - powers of representatives of the parties;

g) - freedom of choice when discussing issues within the scope of work;

h) - voluntary acceptance of obligations by the parties;

i) - the reality of the obligations assumed by the parties;

j) - obligatory fulfillment of collective agreements, agreements;

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

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

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

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

Trade unions act as representatives of the workers' side. Protecting the interests of trade union members, they act in the interests of all workers.

The collective agreement is a form of participation of employees in the management of the organization and ensures the protection of their labor rights and socio-economic interests.

The parties to the social partnership bear mutual responsibility.

4. Ensuring employment and decent wages

Employment is understood as the activity of citizens related to the satisfaction of personal and social needs, which does not contradict the legislation of the Russian Federation and, as a rule, brings them earnings, labor income. At the same time, citizens have the exclusive right to dispose of their abilities for productive, creative work. Forced labor in any form (physical, psychological, moral) is not allowed, unless otherwise provided by law.

The participation of trade unions in promoting employment and decent wages is guaranteed by legal acts:

a) create new jobs good conditions work and decent wages;

b) seek compliance with the law when laying off workers and reducing jobs at the enterprise;

c) promote retraining, advanced training of employees;

d) contribute to the creation of conditions for the development of the system of vocational education.

The position of trade unions in the labor market: "Effective employment - necessary condition for decent work."

The ideology of the trade unions lies in the thesis: "Decent pay for decent work."

The position of trade unions in matters of wages

a) The minimum wage should not be lower than the subsistence minimum in the region and in the Russian Federation.

b) The average salary is not lower than four living wages.

c) Indexation of wages depending on the growth of inflation.

d) Establishment of a wage system at the enterprise that promotes wage growth and encourages employees for high labor productivity.

e) Wage protection.

f) Establishment of a permanent (basic) part of wages at a level not lower than 70% of the total wages.

5. Social protection of workers and members of their families

Social protection is a set of targeted measures of a legal, economic and organizational nature to protect citizens from negative manifestations of the social environment, mitigate their consequences, to support the most vulnerable segments of the population.

Social protection of workers and members of their families is one of the main activities of trade unions.

Social insurance - the basis social protection workers.

Trade unions use various forms their activities in order to protect social rights and interests of workers:

a) Participation in the development of legal acts regulating the social sphere.

b) Participation in the management of off-budget social funds.

c) Ensuring social protection of workers through a system of agreements and collective agreements.

d) Organizing and conducting collective actions of trade unions for social guarantees.

Solving the problems of social protection of workers is achieved primarily by increasing wages.

6. Ensuring the labor protection of employees

The participation of trade unions in labor protection is enshrined in international and national legislation, regional and sectoral regulations.

At the federal level

a) Participation in the development and implementation of state policy in the field of labor protection.

b) Participation in the development of legal acts.

c) Participation in the formation of state programs.

G) public control for observance of the rights and interests of workers in the field of labor protection.

At the enterprise

a) Develop and conclude a collective agreement and monitor its implementation (there is a section on labor protection in the collective agreement).

b) Represent the side of employees in the labor protection commission.

c) Contribute to the identification and require the elimination of hazardous working conditions.

d) Participate in the examination of working conditions and certification of workplaces.

e) Participate in the investigation of accidents and compensation for damage to the employee by the enterprise.

f) Participate in the development of financial justifications for labor protection measures.

g) Provide advice to employees, inform them about hazardous conditions and preventive measures.

Occupational safety issues are integral part agreements and collective agreements.

Control over observance of the rights of workers in the field of labor protection is carried out by state and trade union technical labor inspectors. In accordance with Article 370 of the Labor Code of the Russian Federation, they have a number of rights, including:

a) freely visit organizations where members of this trade union work;

b) exercise control over compliance with regulatory legal acts;

c) carry out independent expertise and participate in the investigation of accidents;

d) receive information from the employer on the state of conditions and labor protection at the enterprise;

e) protect the rights and interests of trade union members on issues of compensation for harm caused to their health;

f) send orders to eliminate the identified violations;

g) apply to the state labor protection authorities.

Employers are responsible for the state of labor protection at work and are obliged to compensate the employee for damage caused:

a) The employer's obligation to pay damages to an employee is based on federal law.

b) Compensation is carried out in the form of: temporary disability benefits, lump-sum payments, monthly insurance payments, additional rehabilitation costs.

Trade unions have an impact on public authorities and employers in the development and implementation of policies in the field of labor protection, the creation of normal and safe working conditions at the enterprise.

7. Monitoring compliance with labor legislation and protection of labor rights of employees

The main document regulating relations in the sphere of labor is the Labor Code of the Russian Federation, adopted on December 30, 2001, as amended and supplemented on June 30, 2006.

The rights of trade unions to exercise control over the observance of the labor rights of workers are provided for in the Labor Code of the Russian Federation and federal law"On trade unions, their rights and guarantees of activity."

Types of trade union control:

a) preliminary - prevention of violations of labor legislation;

b) current (periodic) - checking working conditions;

c) subsequent - restoration of the violated rights of workers.

In order to monitor compliance with labor legislation, trade unions have the right to receive free and unhindered information and make proposals.

The human rights activities of trade unions in the sphere of labor are carried out through trade union technical and legal inspections. They are:

a) organize inspections of compliance with labor legislation and other regulatory legal acts;

b) seek the elimination of identified violations;

c) take part in commissions on labor disputes as representatives of employees;

d) represent the interests of workers - members of the trade union in court;

e) carry out legal expertise of draft laws and regulations on social and labor issues;

e) interact with judicial, law enforcement agencies, state inspection labor;

g) keep records and summarize statistical data on violations and measures to suppress them.

The participation of trade unions in ensuring the legality of changing the terms of an employment contract:

a) advising an employee to whom the employer has proposed changes to the terms of the employment contract;

b) determining the legality of the changes proposed by the employer to the employee, negotiating with the employer;

c) participation in the resolution of a labor dispute in a labor dispute commission or in court as a representative of an employee who is a member of a trade union;

d) verification by a legal labor inspector of the presence of violations of labor legislation at the enterprise during scheduled inspections and sending relevant instructions to the employer;

e) taking into account the opinion of the elected trade union body when adopting local regulations;

f) conclusion of a collective agreement, the terms of which apply to employees and regulate the specifics of work at a particular enterprise;

g) legal assistance to trade union members;

h) negotiations with the employer on the issues of the employment contract.

When adopting local regulations, the employer is obliged to take into account the opinion of the elected trade union body.

An employment contract between an employee and an employer, drawn up in writing, is binding document governing social and labor relations.

8. Resolution of labor disputes

Labor dispute - unsettled disagreements between employees and employers regarding the establishment and change of working conditions.

Labor disputes are individual and collective.

Individual labor disputes are resolved through commissions on labor disputes with the participation of trade unions on the side of the employee - a member of the trade union.

The role of the trade union organization in the creation and formation of the CTC (Commission for Labor Disputes)

a) - explanation of the feasibility of creating CCC in the organization;

b) - preparation and conduct general meeting(conferences) of workers;

c) - selection of candidates for the CCC for election at the meeting (conference).

In a collective labor dispute, the trade union organization acts as a representative body of workers, participates in mandatory conciliation procedures.

If the resolution of the labor dispute is not achieved, an effective legal measure of influence on the employer is a strike.

The parties to a collective labor dispute bear disciplinary and material liability.

Conclusion

Trade unions can exist and perform their functions only in a certain legal space. It is essential that the trade union leader in modern conditions possessed the necessary knowledge in the field of labor legislation, legislation on labor protection and trade unions. It is within the framework of laws that trade unions should be able to protect the interests of workers. This area of activity includes the control of trade unions over the timely and full payment of labor, over the creation normal conditions labour, observance of legislative norms during hiring and dismissal, prevention of violation production process by the employer.

The trade union will constantly and purposefully actively advocate for the improvement of living standards and the realization of the rights of the members of the trade union whose interests it represents.

Literature

2. Federal Law "On trade unions, their rights and guarantees of activity" No. 10-FZ of January 12, 1996 (as amended on May 9, 2005)

3. Labor Code of the Russian Federation. M., 2007.

4. Isaicheva E.A. "Handbook of labor law" M. "Gorodets" 2005

5. Mikheev V.A. "Fundamentals of social partnership" M. "Exam" 2001

6. Snigireva I.O. Trade unions and labor law. M., 1993

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