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The goals of modern trade unions. Trade unions in modern society

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Introduction

A trade union, abbreviated as a trade union, in accordance with the Federal Law of January 12, 1996 No. 10-FZ “On Trade Unions, Their Rights and Guarantees of Activity” is a voluntary public organization that unites workers connected by common interests by the nature of their activity as in production , and in non-productive areas, 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.

· An indicator of public opinion, an element of a feedback system for adjusting 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. The freedom of activity of public associations is 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 legislation in the field of labor, social sphere, the collective agreement at the enterprise and agreements of 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 there are several primary organizations of one trade union in a subject of the federation, they, as a rule, unite into a 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", the Labor Code of the 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 with good working conditions 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 is a 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 is the basis of social protection of workers.

Trade unions use various forms of their activity in order to protect the 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.

d) Public control over 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 an integral part of 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) conduct an independent examination 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 the 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:

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;

f) interact with judicial, law enforcement agencies, the state labor inspectorate;

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 a mandatory document regulating 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 holding of a general meeting (conference) of employees;

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 necessary that the trade union leader in modern conditions has the necessary knowledge in the field of labor legislation, labor protection legislation 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, the creation of normal working conditions, compliance with legislative norms when hiring and firing, and preventing violations of the 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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The concept and essence of trade unions

union is a voluntary public association of citizens connected by common industrial, professional interests by the nature of their activities, created in order to represent and protect their social and labor rights and interests.

Trade unions represent and protect the rights of workers in labor relations with employers, provide assistance in protecting the socio-economic interests of trade union members. Due to the activities of trade unions, a broad representation of the interests of workers is achieved.

Relations between trade unions and entrepreneurs are built on the basis of a collective agreement. The collective agreement includes not only the main aspects of labor relations, which include the level of wages, payment for overtime hours, vacations, insurance premiums, but also social issues. The social component of the collective agreement includes employment guarantees, the procedure for determining the length of service, the criteria for forced layoffs, procedures for resolving emerging labor disputes, etc. In addition, the collective agreement also includes guarantees of working conditions: the protection and safety of the workplace, the possibility of refusing to work overtime, compliance with safety and labor protection measures at the enterprise as a whole, etc.

Trade unions are associations of workers that have the right to negotiate with the employer on behalf and on behalf of their members. Trade union activities proceeds from the fact that the goal of the trade union movement is to maximize wages, improve working conditions and increase employment. Currently, trade unions represent the interests of employees in the modern model of social partnership.

The essence of trade unions describe various economic models. Currently, the most relevant model is one in which unions are seen as a seller offering services to protect the economic interests of workers, while workers are buyers of these services. The model is based on the existence of supply and demand for services to protect the economic interests of workers. Thus, relations between the trade union and its members are economic, built on market conditions.

Trade unions in their actions are guided by a comprehensive system factors:

hired labor gives rise to contradictions between employees and entrepreneurs in the field of labor organization, its protection, remuneration and social guarantees for employees;
satisfaction of the economic interests of workers can be achieved more effectively as a result of joint actions;
workers need to be united in trade union organizations in order to exercise their legal rights and protect their interests;
the solution of socio-economic problems in the field of labor relations is possible only with the assistance of the state.

Based on these factors, trade union organizations protect the economic freedom and interests of each employee, and also ensure that the objective inequality that exists in the economic system between the employee and the entrepreneur is overcome.

Union principles

Correspond to the principles of social partnership:

Trade unions achieve economic growth through the systematic implementation of these principles. At the same time, the understanding of the employees who are members of this trade union, the goals of employers, the degree and quality of the use of the qualifications of workers at the enterprise, as well as the degree of satisfaction of workers with working conditions, largely depends on the policy of the trade union. If we continue the logical chain, then the efficiency of the economic activity of enterprises, their competitiveness in the market depends on the activities of trade unions, therefore, trade unions determine the future of both employees and the employer.

At the same time, trade union organizations have various means at their disposal to achieve the economic interests of employees:

meetings, rallies, demonstrations - actions of collective protest;
statements, appeals, petitions - expression of dissatisfaction of trade unions with specific issues or problems;
strikes are an extreme measure and an effective way to put pressure on entrepreneurs;
collective bargaining is a targeted means of achieving the tasks set by the trade union.

It should be noted that sometimes the first three means are just a way to start collective bargaining. This is explained by the fact that the employer does not always want to enter into negotiations with employees, however, the most significant successes of the trade unions have been and are being achieved precisely in the process of collective bargaining.

Union principles

Being thoughtful means that the unions have specific goals when they start collective action, while remaining willing to make reasonable compromises if the basic requirements are met.

Solidarity is interpreted as the unity of the majority of workers, consciousness and discipline of all members of the trade union. In many ways, this principle increases the chances of achieving the goals of trade unions in confrontation with employers for the interests of workers.

Legitimacy means that the trade unions refuse illegal strikes and spontaneous actions. In general, the trade unions always try to prevent discrediting the trade union movement as a whole.

Glasnost is an important tool of trade unions, drawing public attention to the problems of workers, they positively influence public opinion, widely informing society about the conflict and the demands of workers.

Trade union goals

Currently, the activities of trade unions can be assessed according to two criteria:

1. The level of wages of unionized workers;

2. The level of employment of members of the trade union.

Accordingly, achievement two main goals of trade unions, increase in wages and employment levels, can vary significantly between different unions. At the same time, economic science has not yet developed a unified opinion or methodology for determining to what extent it is possible to sacrifice the level of wages to increase the employment of trade union members and vice versa. Economic theory shows that it is pointless to try to achieve an infinite increase in wages, since this will inevitably lead to a decrease in the level of employment down to zero. The practice of economic relations shows that the desire for an unlimited increase in wages is found as the main and only goal of the trade union, enshrined in its documents. This is true for those cases when entrepreneurs in a crisis in the economic activity of their enterprise follow the principle of reducing those employees who have less work experience.

At the same time, the three main conditions for wage growth opportunities at the macro level remain unchanged for many years and are one of the fundamental factors in the development of the economic system:

Increasing demand for labor
Reducing the supply of labor
Implementation of the monopoly power of the trade union.

Accordingly, if these conditions are not met, trade unions can seek wage increases using various methods of interaction with employers and the state.

At the same time, the main goals of trade unions have been achieved in most countries:

Trade unions have broad rights.
Employees are guaranteed a minimum wage, an 8-hour working day, a 40-hour working week, overtime pay.

The role of trade unions in the model of social partnership

The classical scheme of the social partnership system is as follows: the interests of workers are represented by trade unions and associations, and the interests of employers are expressed by unions of entrepreneurs, industrial formations, etc. As a result, a situation is reached in which the interests of both groups are balanced.

In the so-called tripartist variant of social partnership, the third direct participant in the process of coordinating interests is the state and government institutions. At the same time, the state is also the guarantor of the implementation of the adopted agreements.

Coordination of interests is achieved through the negotiation process. This is the easiest way to solve common problems for the benefit of all involved. In the course of coordination and negotiations, the parties agree on conditions and social guarantees that will suit all participants.

Thus,

Social partnership is a system of institutions and mechanisms for coordinating interests based on equal cooperation.

Subjects of social partnership: society, entrepreneurs, state. Institutions representing the interests of subjects of social partnership: trade unions, associations of entrepreneurs, government and authorities.

The role of trade unions manifests itself in the representation and protection of the interests of workers in the socio-economic sphere: conditions and wages, employment, solving social problems. Trade unions represent the socio-economic, social and labor relations of employees in the labor market, while they protect the interests of a particular person as a carrier of the labor force.

There are three main models of social partnership, depending on the role of trade unions and the level of their participation in representing the interests of workers in the framework of social partnership.

The model of trade union representation is characterized by the fact that trade unions are legislatively approved representatives of workers. At the same time, trade unions often represent the part of workers who are not members of trade unions. This model of social partnership has been most developed in the USA, Canada, Japan, Great Britain, Ireland and other countries. Depending on the conditions in which trade unions operate, two forms are distinguished, when trade unions are oriented towards cooperation with the authorities, and when trade unions are aimed at conflict with state power. The second form is typical, for example, for situations where trade unions take tough actions, strikes, protests, etc. require significant improvements in working conditions and wages.

The model of pure representation is distinguished by the transfer of functions of trade unions to labor committees, which fulfill the role of trade unions. They are negotiating with the employer, while the role of such committees is advisory and informational, and the degree of consideration of the opinion of the labor committee is determined in the collective agreement. This model is used in Spain, Greece, Portugal and some other countries. In fact, the traditional role of trade unions within the framework of this model is absent, and at the level of each enterprise, its own small trade union is created, which does not have significant opportunities to influence entrepreneurs.

The model of mixed representation is distinguished by the fact that the committees elected by the labor collective also include representatives of the employer. Here, the powers of the committee are broader, since the committee can participate in decision-making by consensus. The Committee plays the role of a trade union to a greater extent, making decisions on a wide range of issues: labor regulations, labor protection, working conditions, working hours. However, this is specifically stipulated by legislation or a collective agreement. This model is used in France, Belgium, Denmark, Ireland and a number of other countries.

Depending on the level of negotiation processes in which trade unions are involved, there are three main models.

The first model is typical for the Nordic countries: Sweden, Finland, Norway, Belgium. Within the framework of the model, there is active state intervention in labor relations and strict regulation of accepted norms. This model is characterized by a three-level system of social partnership: the national level, sectoral and the level of individual enterprises. For example, in Belgium there is a National Labor Council at the national level, which includes members from each of the three parties to the social partnership. At the same time, the state also assumes a legislative function. At the sectoral level, there are parity commissions involved in the formation of sectoral standards for social partnership. At the level of the enterprise, social partnership develops on the basis of a dialogue between entrepreneurs and trade unions under the control of the state regarding the legality of the actions taken.

The second model of social partnership is typical for the USA, Canada, Japan and a number of Latin American countries. The model limits the role of trade unions to the conclusion of collective agreements at the level of individual companies and is distinguished by a single-level system of social partnership. Within the framework of this model, trade unions and entrepreneurs try to influence the legislative process by nominating their representatives to legislative and government positions and lobbying for certain regulations. Thus, through such an indirect process, the influence and regulation of relations within the framework of social partnership is carried out.

The third model of social partnership is most characteristic and developed in the countries of Central Europe, for example, in Germany and Austria. In fact, this model is a kind of intermediate option between the first and second models of social partnership. The main focus of the tripartite social partnership is expressed at the sectoral level, and the national level differs in that a kind of mutual consultations of the three parties are held, which are not mandatory. At the same time, collective agreements are not concluded in companies, and enterprises are guided by the accepted industry principles of social partnership. The role of trade unions in this model is also manifested in the assessment of compliance with sectoral principles. Separately, it is necessary to single out an exemplary agreement, which is one of the forms for implementing such a model. Such an agreement is formed and concluded in a separate industry, and then becomes a kind of benchmark for other industries. For example, JG Metall held a dominant position in the German industry, which subsequently led to the fact that its partnership agreement serves as a model for other large and medium-sized companies in the German industry. In Austria, social partnership is implemented through a wide network of advisory boards and committees, parity commissions, both at the national and sectoral levels. This model is also widely used in Holland and Switzerland. In the Netherlands, there are more than 200 industry agreements that apply to most companies and their employees, and in Switzerland, in addition to industry agreements, there are also regional agreements.

According to the criterion of the role of trade unions in representing the interests of workers within the framework of social partnership, a model of trade union representation has developed in Russia. At the same time, according to the criterion of the level of negotiation processes, Russia at this stage of development is not characterized by any one model of social partnership. The existing elements of social partnership correspond to both the three-level system of social partnership and the one-level system. At the same time, there is no strong influence of trade unions, but the influence of state and municipal authorities is much higher in comparison with foreign countries. Currently, in Russia, the most prosperous in terms of coverage by industry agreements and collective agreements are the coal mining industry (100%), the mining and metallurgical industry (98.7%) and the oil and gas industry (97.8%), as well as the electric power industry (85 %), where the positions of trade unions are traditionally strong.

Literature

Federal Law No. 10-FZ of January 12, 1996 "On trade unions, their rights and guarantees of activity"

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. Russian trade unions may include not only citizens of the 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 of the 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 a general provision on the primary trade union organization of the relevant trade union.

Trade unions are independent in their activities from executive authorities, 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 is contrary to 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 a decision of the Supreme Court of the Russian Federation or the relevant court of the constituent entity of the Federation at the request of the Prosecutor General of the Russian Federation, the prosecutor 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 in 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.

The limits of legal regulation of 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.

Often at meetings of labor collectives one can hear questions of the following kind: “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 at a glance identify the main functions, tasks and areas of work of 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, 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, the trade union committee of our organization has established commissions 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. The members of this commission, representing the interests of employees, prepare proposals and participate in negotiation processes with the administration on the organization of labor and wages, work out various local regulations, and conduct inspections of compliance with labor laws 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 microclimate conditions in production premises”, “On the provision of overalls”, “On the provision of therapeutic and preventive nutrition”, “ About accidents at work.

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. In necessary cases, practical assistance is provided in the preparation of statements of claim and complaints for appeal 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 secure social guarantees for 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!

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, the following functions are distinguished: 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 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 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.

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 field of operation of other branches of law: the rights of a legal entity, the right of 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 hold 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.

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