Development of social partnership. Social partnership as a legal institution. Examples of social partnership action

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

Partnership as an element of social interaction

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

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

Educational process

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

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

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

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

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

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

Municipality

Now partnership can be considered in the environment of development of various educational institutions. The first thing to start with is the municipality. It is understood as a general educational process that is carried out in a certain territory and solves problems peculiar only to it. To make it a little clearer, let's take a small example. Suppose there is a small Educational process in institutions conducted in accordance with the current legislation, but in addition to this, special elements are included that are unique to this area. As part of education, thematic fairs, memorial days can be held famous people who used to live in this territory or create circles of crafts that are popular in a particular region.

The municipality is divided into 5 types:

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

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

Teacher Education

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

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

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

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

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

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

Professional education

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

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

Preschool education

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

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

Additional education

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

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

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

How is the partnership organized?

Organization of social partnership education is based on the following:

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

Is social partnership necessary in education?

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

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

Social partnership in education (priorities and opportunities):

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

Outcome

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

The modern stage of the development of society is characterized by the recognition of the growing role of the human factor in the sphere of labor, which leads to an increase in the competitiveness and efficiency of the economy as a whole. Investments in people in the developed countries of the West have come to be regarded not as costs, but as company assets that must be used wisely. There is a small saying: "Foreigners, visiting various companies in different countries, are surprised how it uses the same technology, the same equipment and raw materials as in Europe and the USA, and as a result, success is achieved at a higher level of quality. As a result, they come to the conclusion that quality is not given by machines, but by people.

It should be noted that in Japan, traditionally, the most common system is the lifetime employment of workers. Hiring in a particular company, the Japanese immediately finds out what prospects open up for him (increase in wages, promotion, obtaining preferential, interest-free loans, etc.) after several years of excellent work. The employee immediately finds himself in an atmosphere that in Japan is called "a firm - one family", where everyone feels the support of each other, and not a cry from the boss.

In case of complex financial position firms are chosen jointly. And if you need to temporarily go down wages, then this procedure does not begin from below, but from above - with a decrease in the salaries of company managers.

The human factor turns out to be incomparably more effective than the introduction of a temporary employment regime, the strengthening of command and administrative principles in management.

In Japan, as in other developed countries, they strive to harmonize relations between labor and capital, resorting to the use of social partnership mechanisms with reasonable consideration of the interests of the parties to collective labor relations. As you know, it has long been learned that social partnership arises in the presence of not just spontaneous spontaneous consent, but also a conscious need for coordinated behavior and general ordering of social relations.

Obviously, social partnership can best be realized only in the conditions of a democratic society, since its life is, as it were, immersed in an extensive structure of contractual obligations. The subjects of contractual, contractual and legal relations interact as free, legally independent partners. In a democratic, civil society, governance is based on horizontal connections - the proposal of one subject and the consent of another.

The term "social partnership" is interpreted by scientists in different ways. K.N. Savelyeva, believes that "social partnership is a system of relationships between employers, government agencies and representatives employees based on negotiations, the search for mutually acceptable solutions in the regulation of labor and other social economic relations".

According to the Russian scientist P.F. Drucker, "social partnership is a specific type of social relations inherent in a market economy society at a certain stage of its development and maturity."

K.N. Gusov and V.N. Tolkunova, the authors of the textbook "Labor Law of Russia", believe that "social partnership smooths out the antagonism of labor and capital, is a compromise (consensus) of their interests, i.e. it means the transition "from conflict rivalry to conflict cooperation."

Here, in particular, attention is drawn to the wording "conflict cooperation", which expresses the objective reality inherent in collective labor relations in a market economy.

As is known, the interests of the subjects of collective labor relations are by no means identical.

For trade unions, the most important task is to achieve decent wages, improve the living standards of workers, improve their working conditions, that is, ensure labor protection in the broadest sense of this concept. Employers, state and economic management bodies are dominated by the interest associated with ensuring the desired dynamics of production development, strengthening labor and production discipline, reducing costs and making a profit. And although the interests of trade unions, employers and state bodies in these positions cannot be completely identical, in many of them they nevertheless intersect, which objectively creates the ground for interaction and cooperation.

The Labor Code of the Russian Federation legislates general rules regulation of collective labor relations, the basic principles of social partnership, as well as the procedure for resolving collective labor disputes. Article 352 defines social partnership as "a system of relationships between employees (representatives of employees), employers (representatives of employers), bodies state power, organs local government aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them.

Thus, the target purpose of social partnership in the sphere of labor is determined - the development and implementation of the socio-economic policy of the state, taking into account the interests of workers and employers.

More precisely, social partnership should be interpreted as a system of relations between employers, state bodies and representatives of employees that emerged at a certain stage of social development, based on the search for a balance of interests of various strata and groups of society in the social and labor sphere through negotiations, consultations, refusal of confrontation and social conflicts.

Bodies act as subjects of social partnership government controlled, associations of employers and associations of employees, since they are the main bearers of interests in the field of social and labor relations. The scheme of interaction between participants in social and labor relations can be seen in Figure 1.

Rice. one.

The object of social partnership is social and economic interests and the social relations arising in connection with them, expressing the real situation, conditions, content and forms of activity of various socio-professional groups, communities and strata; the quality and standard of their life from the point of view of a fair distribution of social wealth in accordance with the quality and measure of labor, both carried out now and in the past.

Social partnership is associated with the establishment and reproduction of a socially acceptable and socially motivated system of social inequality due to the division of labor, differences in the place and role of individual social groups in social production and reproduction. In the very general view object of social partnership in the field of social labor activity are relationships about:

• a) production and reproduction of labor force and labor resources;
• b) the creation, use and development of jobs, the labor market, ensuring employment guarantees for the population;
• c) protection labor rights citizens;
• d) labor protection, implementation of industrial and environmental safety, etc.

Thus, we can summarize the above and conclude that social partnership should be considered not as a state, but as a process, as a dynamic balance of the developing interests of all its subjects.

The main directions of development, goals and objectives of social partnership depend on the level of coordination of actions and capabilities of its subjects, on the specific socio-economic situation of their interaction.

Social partnership can function effectively only if systems approach to his organization.

Social partnership as a system perceives the impact of regulated and natural factors public life and by means of appropriate tools forms in the society relations of trust and constructive cooperation.

Such relations cannot arise in the absence of full-fledged subjects of social partnership, well-established mechanisms for their interaction, and a high culture of cooperation.

Rice. 2.

And do not forget that social partnership as a special system of social relations is characterized by the following main features:

• 1. The subjects of partnerships have not only common but also fundamentally different interests. These interests may sometimes overlap, but never merge.
• 2. Social partnership is a mutually beneficial process in which all parties are interested.
• 3. Social partnership is the most important factor in the formation of civil society institutions, namely associations of employers and employees, the implementation of their civilized dialogue.
• 4. Social partnership is an alternative to dictatorship, since it is implemented on the basis of contracts and agreements, mutual concessions, by reaching a compromise, consent and establishing social peace. Social partnership is the opposite of social conciliation, unprincipled concessions by one side in favor of the other.
• 5. Relations of social partnership can be destructive and regressive if their dominant basis is reliance on forceful methods. Solidarity is created and based on mutual benefit, not on power and strength.
• 6. In social partnership, the duality of relations is often manifested, containing both positive and negative sides. For example, trade unions in the West often oppose structural changes in the economy, thereby holding back its development.

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

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

Parties of social partnership are employees and employers represented by their representatives. State authorities and local self-government bodies are parties to social partnership in cases where they act as employers.
Social partnership is carried out in the following forms:

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

Social partnership is carried out at six levels, including:

• federal level, which establishes the basis for regulating relations in the sphere of labor in Russian Federation;
  interregional level, which establishes the basis for regulating relations in the sphere of labor in two or more constituent entities of the Russian Federation
• regional level, which establishes the basis for regulating relations in the sphere of labor in a constituent entity of the Russian Federation;
• industry level, which establishes the basis for regulating relations in the sphere of labor in the industry (sectors);
• territorial level on which the foundations for regulating relations in the sphere of labor in the municipality are established;
• local level, which establishes the obligations of employees and the employer in the field of work.

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

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

bodies social partnership are commissions for the regulation of social and labor relations. Note that social and labor relations are a broader concept than labor relations. They include labor relations, social security and domestic service relations, i.e. all relations social sphere. These commissions are created to conduct collective negotiations and prepare draft collective agreements, agreements, for their conclusion and control over their implementation at various levels. Trilateral commissions are created on a parity basis by decision of the parties and from their representatives, endowed with appropriate powers.

At the federal level, a permanent Russian tripartite commission for the regulation of social and labor relations is formed, the activities of which are carried out in accordance with federal law. Members of the Russian tripartite commission for the regulation of social and labor relations are representatives of all-Russian associations of trade unions, all-Russian associations of employers, the Government of the Russian Federation.

In the constituent entities of the Russian Federation, tripartite commissions may be formed to regulate social and labor relations, whose activities are carried out in accordance with the laws of the constituent entities of the Russian Federation.

At the territorial level, tripartite commissions for the regulation of social and labor relations may be formed, the activities of which are carried out in accordance with the laws of the constituent entities of the Russian Federation, the regulations on these commissions approved by the representative bodies of local self-government.
At the sectoral (intersectoral) level, sectoral (intersectoral) commissions may be formed to regulate social and labor relations. Sectoral (intersectoral) commissions can be formed both at the federal and at the interregional, regional, territorial levels of social partnership.

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

Employee representatives in social partnership are: trade unions and their associations, other trade union organizations provided for by the charters of all-Russian interregional trade unions, or other representatives elected by employees in cases provided for by the Labor Code of the Russian Federation.

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

If there is no primary trade union organization in the organization or if it unites less than half of the workers, general meeting workers can entrust this trade union or other representative body to represent their interests. The presence of another representative shall not be an obstacle to the exercise by the trade union committee of its powers.

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

In our time, collective bargaining to the greatest extent reflects the social partnership of workers and employers in the world of work.
Collective bargaining between workers and employers appeared in the second half of the 19th century in industrialized countries to resolve conflicts. international organization labor provided for their implementation in the ILO Convention No. 98 (1948) “The right to organize and conduct collective bargaining”, and in 1981 the ILO adopted Convention No. 154 “On the promotion of collective bargaining”.

Representatives of employees and employers participate in collective negotiations on the preparation, conclusion or amendment of a collective agreement, agreement and have the right to take the initiative to conduct such negotiations.

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

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

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

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

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

The purpose of both the collective agreement and agreements is to establish such contractual regulation of social and labor relations, while coordinating the interests of the parties, so that it is higher in level than provided by law.

Collective agreement – this is a legal act regulating social and labor relations in an institution and concluded by employees with an employer through their representatives.

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

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

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

Of particular relevance at the present time is one of the global trends in the interaction between the state and private business - interaction aimed at combining forms of state and non-state social regulation - social partnership between a person and the state, an employee and an employer, a producer and a consumer.

Social partnership: essence, tasks, principles

Social partnership is becoming an integral part of the world of work. At the same time, we are not talking about a merger of interests, but about achieving an optimal balance between employees, employers (entrepreneurs), state authorities, local governments by reaching consensus, developing and implementing a single, agreed position, about creating a situation in which any owner could to ensure a stable profit, and an employee - worthy conditions for his existence, corresponding to a certain level of quality of life. This is a civilized form of social relations in the social and labor sphere and is called social partnership.

In the scientific literature and practice, social partnership is characterized ambiguously and multidimensionally. Some understand it as a specific type of social relations between social groups, strata, classes, communities and power structures; others - as a mechanism of relations between state bodies, representatives of workers and employers, others - as a special type of social and labor relations inherent in a market economy, providing, on the basis of equal cooperation between employees and employers, an optimal balance and realization of their main interests. It is possible to cite, despite their similarity, other points of view that characterize and clarify this concept from the other side.

Subjects social partnership, as evidenced by world experience, are employees, employers and the state. Institutes(organizations) representing their interests are trade unions, associations of employers, the government, as well as state authorities of the constituent entities of the Russian Federation, local governments. object social partnership are social and labor relations between its subjects (relations regarding wages, employment, management and expansion of social guarantees, protection, conditions, labor organization, various kinds of labor disputes, etc.).

Main goals social partnership are the harmonization and protection of the interests of various social strata, groups and classes; assistance in solving urgent economic and political problems; strengthening democracy and stability; formation of a social legal state, civil society.

The partnership is interest alignment process, the process of creating a single socio-cultural space, in which different subjects live, but who agree, despite the difference in interests, to observe the general “rules of the game”, partnership norms, mutual agreements. Therefore, it is important to keep in mind that the policy of social partnership is not limited to the sphere of economic or social and labor relations. Its implementation is associated with participation in such a process public associations representing the interests of various social groups, strata, public authorities, local self-government; with the adoption and implementation of treaties and agreements, economic and political decisions. In the development and processes of their adoption are involved large groups people, labor collectives (organizations), representatives settlements, territories. The organizers of the negotiation or conciliation process most often act as power structures or persons, groups of people with property, power.

General strategy social partnership in Russia today is that, on the basis of respect for the positions and interests different sides using the advantages of the negotiation process, to develop a single agreed policy in the field of social, labor and political relations on different levels: federal, branch, regional and enterprises.

In recent years, a lot has been done in our country to form a legal framework for the development of partnerships. A number of legislative acts and regulations have been adopted that regulate the types, forms of organization and the procedure for regulating social and labor relations. However, it should be stated that the legal support of social partnership is in its infancy.

From a legal point of view, social partnership is the coordination of actions of all parties on a certain legislative platform, reflecting its essence, content and regulatory instruments.

The principles of social partnership are proclaimed in the Constitution of the Russian Federation, which define the main areas of cooperation in the field of culture, education and information (Articles 29, 43, 44), labor relations (Articles 7, 37, 72), social development and social protection(Articles 7, 39, 40, 71, 72), health and environmental protection (Articles 41, 42, 114).

The Labor Code of the Russian Federation contains sect. II "Social partnership in the sphere of labor" (Art. 23-55). It considers social partnership as a system of relationships between employees, employers, state authorities and local self-government, aimed at ensuring the coordination of the interests of employees on the regulation of labor relations and other economic relations directly related to them. Federal Law No. 10 of January 12, 1996 (as amended on December 30, 2008) “On Trade Unions, Their Rights and Guarantees of Activity”, Federal Law No. 156 of November 27, 2002 (as amended on December 1, 2007) “On Employers’ Associations” , Law of the Russian Federation of March 11, 1992 No. 2490 (as amended on June 29, 2004) “On collective agreements and agreements” - the forms, methods and mechanisms of legal regulation of social partnership on a contractual basis are indicated.

Collective agreements and social partnership relations in Russia appeared as early as the beginning of the 20th century, but they first received legal regulation in the Labor Code of 1918 and the Regulations on the procedure for approving collective agreements of 1918.

In the Russian Federation, social partnership for more than high level than an organization, was first regulated in 1992 by the Law of the Russian Federation "On Collective Agreements and Agreements". It is the first time in Russian legislation that the terms “social partnership” and “collective bargaining” are used, although they appeared in the world during the First World War of 1914-1918, and were enshrined in international acts of the ILO after the Second World War.

Prior to the adoption of the Law "On Collective Contracts and Agreements", this term was first used in the Decree of the President of the Russian Federation "On Social Partnership and Resolution of Labor Disputes (Conflicts)" dated 11/15/1991, which has now become invalid. In order to create a system of social partnership in the field of social and labor relations, the decree introduced into practice the annual conclusion of general and sectoral agreements between three social partners: the relevant associations of trade unions, employers and executive authorities.

All of the aforementioned legal acts basic principles partnership relations: equality, voluntariness, priority, social justice, coordination of interests.

Equality - as identical, constitutionally guaranteed economic, social, political and personal rights of citizens, officially recognized equality of citizens, in our case workers, as one of the key moments of democracy. This principle is of great importance for the implementation of partnership, contractual relations, when, regardless of the occupied status, financial situation and possession of power, there is a normal, equal negotiation process.

Priority - as primacy in time: the first in importance in a certain set of issues, social, economic and other problems. For example, the priorities in the activities of the trade union are the protection of the nature and interests of workers. And in market conditions, these issues are resolved through the conclusion of collective agreements and tariff agreements, contracts, which should stipulate the conditions for the sale of their labor by employees, guarantees for the provision of certain working conditions and other social benefits to employees. Thus, if these issues are successfully resolved by the trade unions, they will take the place that belongs to them in the entire civilized world.

The concept of " social justice" contains certain historically specific ideas about the inalienable rights and freedoms of a person. This is, first of all, the requirement of correspondence between the role of certain individuals, social groups in the life of society and their social position; between their rights and obligations; labor and remuneration, social recognition. The discrepancy in these relations is assessed as social injustice. This principle in partnerships is implemented in the forms of coordination and distribution of labor, its results, regulation of labor and social processes in accordance with the law. At the same time, this principle cannot be understood as equalization. Social justice is also manifested in the fact that members of society receive their livelihood only at the expense of their labor, and those who are just preparing for work or are unable to work are provided at the expense of society. In accordance with the principle of social justice, various wage systems and income distributions are based on the principle of matching the quantity and quality of labor. Social justice of social and labor relations also means the actual, regardless of property and power relations, equality (equality of character and duties) of all participants in the negotiation process.

The principle of social justice contains a component of the material provision of social guarantees, the creation of equal opportunities for equal access to the benefits necessary for the development of human abilities, his worthy existence. This principle combines, on the one hand, the factors that provide conditions for the development of the individual, and on the other hand, the most natural connection between the measure of participation in the production process and the measure of consumption. It allows on a state scale to regulate the process of self-sufficiency of a person through personal initiative and social assistance needy.

The principle of social justice also implies the implementation by the state of regulation of spontaneous processes of wealth polarization, with the main goal fighting poverty, not wealth. In this case, the problem should be solved not through the issuance of benefits to the needy and the introduction of dependency, but through the implementation of programs designed to expand employment, promote employment, provide guarantees of equality of opportunity, income taxation, support public funds, develop and expand the system of free health care and education, free entrepreneurship, etc.

Another important principle of social partnership can be considered the maximum taking into account the interests of each of the partners, and especially economic ones, their harmonization and, if possible, fuller implementation. At the same time, the laws of social development indicate that there can be no unity of economic interests in society. Various social groups occupy their own special position, a place in the structure of society, including in the economic subsystem. A society can develop harmoniously and without conflict only if the economic interests of the state, enterprises, firms and citizens are coordinated.

Workers and entrepreneurs, employers (owners) and employees, the state are interested in making a profit, developing production, maintaining jobs, improving working conditions, increasing the competitiveness of products, and paying taxes on time. Therefore, harmonization, mutual consideration of interests, their coordination is precisely the most difficult task and at the same time the most important principle of the viability of partnerships.

Coordination of the interests of employees, employers, government structures contributes to the active involvement of workers in the management process, and new type property relations - the formation of a middle class, smoothing the polarization in society, mass involvement of various social groups, strata in market relations. Unfortunately, the psychology of short-term gains, achieved due to the hopelessness and forced trust of employees in employers and government structures, is clearly traced among the majority of Russian entrepreneurs.

Social partnership means giving various social communities the right to participate in political and economic processes, in the formation public opinion, decision-making processes. This, in our opinion, is the main task social partnership - not to level different interests, but to take into account their differences in the implementation of agreed decisions without regard to the attitude to property, agreed socio-economic policy.

In world practice, taking into account the presence of different forms of ownership, various forms of social partnership have developed: bipartism and tripartism. These types of partnerships are possible at several levels: national, sectoral, intersectoral, regional, local, territorial, and at the enterprise level. The system of agreements, respectively, can be represented by the General Agreement; industry (tariff) agreements; special agreements relating to some specific socio-economic problems, and collective agreements (contracts) that are concluded at enterprises, organizations, institutions to regulate labor relations. Such agreements are mainly bilateral - between employees and employers, but can also be tripartite with the participation of individual representatives of industry structures and associations, local governments.

The most significant problems of partnership relations at the enterprise level are the regulation of wages and working conditions of employees, the development and creation of a coherent system of labor incentives. An analysis of these and some other problems that exist at the enterprise shows that social partnership in this area is uneven, contradictory and is carried out with considerable difficulties. Research carried out in recent years in labor organizations, show that the interaction between trade unions and employers is not always effective. It should also be taken into account that there are no trade unions at all in many enterprises.

It should also be noted that the system of social partnership in Russia, especially in practice, has not yet received serious development. This is the mechanism of a developed, stable democratic society. The level of development of social partnership can be considered an indicator of the economic, social, political and moral maturity of society. In the progressive development of such a society, the necessary conditions to implement partnerships.

Social partnership - a system of institutions and mechanisms for coordinating the interests of participants production process: workers and employers based on equal cooperation. The development of social partnership in its various forms is an important component the process of strengthening the social orientation of the modern market economy, its socialization.

Collective agreements as acts of social partnership first appeared in England, the birthplace of trade unions, at the end of the 18th century and became widespread in Western industrialized countries in the middle of the 19th century, when both sides of social and labor relations began to reach a certain level. common solution fixed in the collective agreement. At the same time, it should be noted that the legal regulation of these documents, including international legal acts of the ILO, dates back only to the first half of the 20th century.

In Russia, collective agreements appeared at the very beginning of the 20th century, but for the first time they received legal regulation only in the Labor Code of 1918 and the Regulation on the procedure for approving collective agreements of 1918. At a higher level than the organization, social partnership in Russia has been regulated by law since 1992. The main normative act, which regulated the procedure for concluding collective agreements in a new way, was the Law of the Russian Federation “On Collective Agreements and Agreements” dated March 11, 1992 (with amendments and additions). The significance of this Law is that it:

For the first time in the history of labor law in Russia, it regulated the procedure for conducting collective bargaining and social partnership relations at five levels higher than production;

Installed legal framework and principles of development, conclusion and operation of collective agreements and agreements;

Expanded the collective-contractual and social-partnership-contractual regulation of working conditions and socio-economic issues of work and life of workers;

He gave the concepts of a collective agreement and a social partnership agreement, established the types and content of such agreements and their social guarantees;

Established the correlation of labor legislation, social partnership agreements, collective and labor contracts;

He fixed where and how collective agreements are concluded, expanding their scope and giving the right to the work collective to decide whether or not to conclude a collective agreement;

Provided for the procedure for resolving disagreements that are possible in the course of collective bargaining;

Established responsibility for evading participation in collective bargaining and for failure to comply with collective agreements and agreements.

This Law introduced collective bargaining and social partnership relations into the subject of labor law and regulated them in detail. Taking into account the new socio-economic conditions, he also settled the collective agreement.

The Labor Code of the Russian Federation, which entered into force on February 1, 2002, for the first time enshrined the concept of "social partnership" in labor legislation. Until 2002, the basis of the legal regulation of this legal institution was the Law of the Russian Federation of March 11, 1992 No. 2490-I “On Collective Agreements and Agreements” (as amended and supplemented).

Over the past decade, Russia has accumulated a certain amount of experience in both individual and collective labor regulation. In a number of subjects of the Federation even before, and in others after the adoption of a new Labor Code laws on social partnership were issued. Thus, in the Krasnoyarsk Territory there is a Law “On Social Partnership”, which determines the legal basis for the organization and functioning in the Krasnoyarsk Territory of a system of social partnership in the sphere of labor in order to regulate social and labor relations and related economic relations and achieve public consent.

Social partnership is a special type of social and labor relations that is present only in a market society, ensuring the optimal balance of the main interests of various social groups, primarily employees and employers.

Social partnership acts as a separate legal institution.

The social partnership system consists of three main parts:

A set of permanent and temporary bi-, tripartite bodies formed by representatives of employees, employers, executive authorities and interacting between them at various levels of regulation of social and labor and related relations (Federation, regions, industries, territories, enterprises);

A set of various joint documents (collective agreements, agreements, decisions, etc.) adopted by these bodies on the basis of mutual consultations, negotiations between the parties aimed at regulating social and labor relations;

Appropriate procedure, forms of interaction, correlation and sequence in the development, timing of adoption, priority of these bodies and documents.

The Labor Code of the Russian Federation is the first federal law regulating the entire range of social partnership relations. Article 23 of the Labor Code of the Russian Federation defines social partnership as a system of relationships between employees (representatives of employees), employers (representatives of employers), public authorities, local governments, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them.

This concept of “social partnership” is based on the principle of tripartism (tripartiteness), which corresponds to the international legal regulation of labor. But from the point of view of the orientation of social partnership, its concept should be supplemented with the words: “the interests of the state, society”, since they are also interested in a stable economic and social development. The coordinated interests of employees and employers should not contradict labor legislation.

Social partnership expands the method of contractual dispositive regulation of labor, combining it with the legislative one. It should be borne in mind that public authorities and local governments are parties to social partnership in cases where they act as employers or their representatives authorized to be represented by law or by employers, as well as in other cases provided for by federal laws. In accordance with Art. 25 of the Labor Code of the Russian Federation, the parties to social partnership are employees and employers represented by duly authorized representatives.

Social partnership system make up the following five levels (Article 26 of the Labor Code of the Russian Federation):

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

Regional level, which establishes such foundations in the subject of the Russian Federation;

Industry, establishing these foundations in the industry (industries);

The territorial level, which establishes these foundations in the municipality (city, district, etc.);

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

Specific ways of interaction between employees and employers related to social partnerships are referred to as " forms social partnership” (Article 27 of the Labor Code of the Russian Federation):

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

Mutual consultations (negotiations) on issues of labor regulation, ensuring guarantees of labor rights of employees and improving labor legislation;

Participation of employees and their representatives in the management of the organization. Thus, the legislator attributed industrial democracy to one of the forms of social partnership, since he considered it effective only if there is an agreement with the employer about it;

Participation of representatives of employees and employers in the judicial resolution of labor disputes.