Social partnership, defined by the current legislation, has become a new method of modern legal regulation of labor and an effective tool for competent coordination of the often polar opposite interests of the staff and the employer. We will find out in more detail how the Labor Code of the Russian Federation interprets this method, how it manifests itself in the real life of the company and on what provisions it is based.

Social partnership concept

Art. 23 of the Labor Code of the Russian Federation defines this term, which is far from always clear:

Social partnership in the world of work is a system of relationships between employees, employers, federal authorities and local government structures. Such a system was developed in order to achieve agreement and balance of interests of the two parties (personnel and employer) in the field of regulation of labor and all relations interacting with them. Representatives of both parties can also be partners. In particular, the interests of staff are often delegated to trade union organizations.

The structures of the federal and regional authorities can become a party to the partnership only in exceptional cases. For example, only when they act as an employer.

Forms of social partnership

Social partnership is manifested in various forms. For example, all changes or proposals put forward by the administration of the company and concerning the production and labor issues of the company are necessarily discussed collectively, with the direct participation of personnel, are accepted (or finalized) and are reflected in collective agreements, industry agreements and other internal local acts regulating the work of the enterprise. and at the same time guaranteeing employees the fulfillment of their labor rights.

So, social partnership is carried out in the form of:

• Bilateral consulting (staff - administration) on the coordination of the world of work, ensuring guarantees of personnel rights within the framework of the Labor Code of the Russian Federation;
• Joint (collective) negotiations on work on draft collective agreements and agreements, as well as the conclusion of similar acts;
• Participation of personnel or their representatives (trade unions) in the management of the company;
• Resolution of emerging disputes with the participation of both parties - employers and staff.

Basic principles of social partnership

The social partnership system is based on the principles listed in Art. 24 of the Labor Code of the Russian Federation. These include:

• Strict observance of legislative norms and regulations governing the labor sphere;
• Documented authority of the parties;
• Mutual respect for the interests of the parties;
• Equality of the parties in initiating negotiations and signing agreements;
• The interest of all parties;
• Free choice in considering the conditions specified in collective agreements and agreements, i.e. a ban on any intrusion that limits the rights of the parties, in particular, personnel;
• Voluntariness in the imposition of obligations, that is, each party agrees to the proposed conditions on a voluntary basis, without external pressure. By the way, a party has the right not to accept an unacceptable obligation offered by the other party;

• The reality (i.e., the possibility of fulfilling) the obligations assumed;
• Monitoring the fulfillment of the terms of collective agreements;

• Obligation to fulfill the accepted terms of the agreements;
• Responsibility for their failure.

Levels of social partnership

There are 6 levels of social partnership relations - from the establishment of a balance of interests in a separate enterprise to the coordination of the labor sphere in the country. These include levels:

• Local, establishing the obligations of the personnel and administration of a particular company;
• Territorial, regulating the sphere of labor in municipalities;
• Sectoral, coordinating labor issues in sectors;
• Regional, determined by the coordination of the interests of the labor sphere in the regions of the Russian Federation;
• Federal, that is, regulating labor issues in the Russian Federation as a whole.

Social partnership bodies

The social and labor sphere is a much broader concept than just labor issues. This complex also includes the topics of social security and everyday life, because any intra-company collective agreement includes a whole section devoted to social and domestic issues.

The effectiveness of social partnership relations is regulated by special bodies - commissions created by the decision of the parties at each of the listed levels and consisting of authorized representatives. At the federal level, within the framework of existing laws, the Russian 3-party commission for the regulation of social and labor relations is constantly working. It includes representatives of all-Russian trade union associations, employers' unions, the Government of the country.

Adhering to the same principles and relying on the legislative framework, such commissions are created and operate at all levels of social partnership in the world of work.

The current stage of development of society is characterized by the recognition of the growing role of the human factor in the world of work, which leads to an increase in the competitiveness and efficiency of the economy as a whole. Investments in a person in the developed countries of the West began to be viewed not as costs, but as company assets that must be used wisely. There is a small saying: “Foreigners visiting different 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 of a higher level of quality is achieved. to the conclusion that quality is provided not by machines, but by people. "

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

In the event of a difficult financial situation, firms are selected together from it. And if you need to go temporarily to decline wages, then this procedure begins not from below, but from above - with a decrease in the salaries of the company's 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 occurs when there is not just a 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 a democratic society, since its life is, as it were, immersed in a ramified 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 ties - 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 of employees, based on negotiations, the search for mutually acceptable solutions in the regulation of labor and other socio-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, that is, it means a transition" from conflict rivalry to conflict cooperation. "

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

As you know, the interests of the subjects of collective labor relations are by no means identical.

The most important task for trade unions 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, government bodies, and economic management are interested in 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 basis 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 (employees 'representatives), employers (employers' representatives), state authorities, local government bodies, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other directly related relations. ".

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

More precisely, social partnership should be interpreted as arising at a certain stage social development a system of relations between employers, government agencies and representatives of employees, 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.

The subjects of social partnership are government bodies, associations of employers and associations of employees, since they are the main carriers of interests in the field of social and labor relations. The scheme of interaction between participants in social and labor relations can be viewed in Figure 1.

Rice. 1.

The object of social partnership is socio-economic interests and social relations arising in connection with them, expressing the real situation, conditions, content and forms of activity of various social and professional groups, communities and strata; the quality and standard of their life from the point of view of an equitable distribution of social wealth in accordance with the quality and measure of labor, both currently 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 the object of social partnership in the field of social and labor activity is relations about:

• a) production and reproduction of labor and labor resources;
• b) the creation, use and development of jobs, the labor market, ensuring guarantees of employment for the population;
• c) protection of the labor rights of citizens;
• d) labor protection, 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 the capabilities of its subjects, on the specific socio-economic situation of their interaction.

Social partnership can function effectively only with a systematic approach to its organization.

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

Such relations cannot arise in the absence of full-fledged subjects of social partnership, well-functioning mechanisms of 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 partnership have not only common but also fundamentally different interests. These interests can sometimes coincide, but they can never merge.
• 2. Social partnership is a mutually beneficial process in which all parties are interested.
• 3. Social partnership - the most important factor the formation of civil society institutions, namely, associations of employers and workers, the implementation of their civilized dialogue.
• 4. Social partnership is an alternative to dictatorship, since it is realized on the basis of treaties and agreements, mutual concessions, by reaching a compromise, agreement and establishing social peace. Social partnership is the antipode of social conciliation, unprincipled concessions from 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 built and sustained on mutual benefit, not power and strength.
• 6. In social partnership, a duality of relations is often manifested, containing both positive and negative aspects. For example, Western trade unions often oppose structural changes in the economy, thereby holding back its development.

There are two sides to a partnership in the workplace: employees and employing firms. The former want social guarantees, decent remuneration, and an adequate level of security. The latter want to cut costs, including by saving on staff. When the parties come together in dialogue, they need to reconcile their opposing interests and find a solution that suits everyone.

In real life, social partnership is a system of relationships between representatives of the opposing sides. The translators of staff interests are:

• the trade union organizations they create;
• other representatives elected on a voluntary basis by the method of voting.

The interests of the employer are intended to be lobbied by:

• officials authorized by the internal documents of the company;

• employers' associations operating at different levels: from local to federal;
• other representative structures (for example, for schools, hospitals, these are executive authorities of the corresponding level).

The concept of social partnership assumes that representatives of both parties protect the interests of their "wards". To do this, they:

• form and defend a single position;
• initiate and conduct collective bargaining;
• enter into agreements with a second party;
• supervise their implementation;
• turn to power structures with a legislative initiative;
• participate in the development of state programs, etc.

Power structures are recognized as subjects of the partnership system only to the extent that they themselves act as employers for their staff. For the rest, they are assigned the role of coordinators or "arbitrators" who enter into dialogue when bilateral negotiations have reached a dead end.

The state also does not enter the system and does not participate in dialogues. Its task is to provide a legal framework, minimum guarantees for hired specialists, and create conditions for the development of social partnership bodies.

What are the forms of the partnership?

The social partnership system assumes the following forms of embodiment, formulated in:

1. Collective bargaining

This is a dialogue between staff representatives and company management. It can be initiated by any of the parties on issues related to the situation of employees, the conditions of their employment. Participants express their own positions and come to a common denominator, which is fixed in the form of a collective agreement or an internal act of the company.

1. Attracting personnel to management activities

Social partnership in an organization assumes that hired specialists can come up with an initiative to improve business processes, proposals regarding employment conditions. At the federal level, this is manifested in the form of the participation of trade unions in the coordination of draft laws related to the labor sphere.

1. Mutual counseling

These are negotiations between the parties and clarifications on those issues that seem to them to be controversial. For example, a union may ask management for an explanation of the reasons for dismissing an employee.

1. Labor disputes

If one of the employees or staff in general is dissatisfied with the decision of the management, he has the right to initiate a dispute. An independent commission made up of representatives of the parties will act as an arbiter.

What are the principles of interaction?

The concept and system of social partnership presuppose the following principles of interaction between the parties:

• equal rights - any subject of the system can initiate a dialogue;
• respect for the interests of employees and employers
• the ability to independently choose questions to be brought up for discussion;
• compliance with the law;
• voluntary decision-making;
• feasibility of obligations assumed by the subjects of legal relations;
• responsibility for the implementation of the agreements reached.

Social partnership at an enterprise presupposes an open and civilized dialogue. The parties put forward their demands, agree on positions and make a decision that suits them and is feasible in practice. The negotiation method helps to reduce social tensions, avoid open conflicts, strikes and other extreme forms of expression of discontent.

Examples of social partnership

To understand the mechanism of partnership, it will be useful to analyze the life situations associated with it.

An employee employed by the company is given several shares of the company along with the salary. He understands that in case of successful activity in the current year, he will receive a solid income. This stimulates the specialist to work more efficiently, to take the initiative to streamline the process, and not just sit out working hours.

The administration of the enterprise wants to dismiss the employee due to the inadequacy of the position held. This step is necessarily coordinated with the trade union organization created at the enterprise. She has the right to challenge the decision or ask for an explanation of such a decision.

The company plans to suspend its work due to poor financial performance. The concept of principles and aspects of social partnership suggests that since this measure worsens the conditions for staff, it is necessary to notify the trade union in advance about it. According to Art. 12 ФЗ-10, the decision must be reported at least three months before implementation. Representatives of the labor collective and the administration of the company are holding negotiations on the current situation.

The company has adopted a collective agreement, which introduces additional benefits for employees (quarterly bonuses, extended vacation). The draft agreement was reviewed by the union and the board of the company and supported by both parties.

The theory of social partnership has been implemented in practice in many countries around the world and has proven its effectiveness. This is an effective way to regulate relations between workers and employers, to come to an agreement without open conflicts and extreme measures.

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Social partnership, concept, principles, forms of its implementation are considered relatively new categories for Russia. However, despite this, constructive measures have already been taken to create appropriate institutions. Let's consider further what are the principles, forms, partnerships.

general characteristics

Social partnership, the forms of which have received normative consolidation, acts as the most effective way to resolve emerging conflicts of interest arising from objective relations between employers and employees. It presupposes a path of constructive interaction based on contracts and agreements between the heads of enterprises and trade unions. The concept, levels, forms of social partnership form the basis for the activities of the ILO. This organization, on an equal footing, brings together representatives of employers, employees and the state in most countries of the world. Consolidation, solidarity and unity of action of all trade unions, their bodies and members, expanding the scope of collective agreements, strengthening the responsibility of all participants in interaction for the implementation of their obligations, as well as improving regulatory support are of key importance in increasing the efficiency of this structure.

The concept and forms of social partnership

There are several definitions of the institution in question in the literature. However, the following interpretation is considered one of the most complete and accurate. Social partnership is a civilized form of social relations in the labor sphere, through which the interests of employers (entrepreneurs), employees, government agencies, and local government structures are coordinated and protected. This is achieved by concluding agreements, treaties, expressing the desire to reach a compromise in key areas of economic and political development in the country. The forms of social partnership are the means through which the interaction of civil society and the state is carried out. They form the structure of relations between institutions and subjects on the status, content, types and conditions of activity of different professional groups, strata and communities.

Objects

Highlighting the forms and principles of social partnership, experts study the real socio-economic situation of different professional strata, communities and groups, their quality of life, possible and guaranteed ways to generate income. Of no small importance is the distribution of national wealth in accordance with the productivity of activities - both carried out at the current time and carried out earlier. All these categories are objects of social partnership. It is associated with the formation and reproduction of socially acceptable and motivated. Its existence is determined by the division of labor, differences in the role and place of individual groups in general production.

Subjects

The basic principles and forms of social partnership exist in close connection with the participants in the relationship. The subjects on the part of employees should include:

1. Trade unions, which are gradually losing their influence and have not taken a new place in the economic sphere.
2. They arise from the independent movement of workers and are not linked to the previously formed trade unions either by tradition or origin.
3. Semi-state formations. They serve as public administration departments at various levels.
4. Multifunctional movements, including employees, market-democratic orientation.

On the part of the employers, the social partnership involves:

1. The governing bodies of state-owned enterprises. In the process of privatization, commercialization, corporatization, they acquire more and more independence and independence.
2. Managers and owners of private companies. From the very beginning of education, they operate independently of government agencies.
3. Social and political movements of entrepreneurs, leaders, industrialists.

On the part of the state, the subjects of social partnership are:

1. General political and social governing bodies. They are not directly involved in production and have no direct connection with workers, employers. Accordingly, they do not have a significant impact on relations in the production sphere.
2. Economic departments and ministries. They are not directly responsible for the production process, but they have information about the real situation at the enterprises.
3. Government agencies implementing at the macro level.

Institute education problems

The concept, levels, forms of social partnership, as mentioned above, are enshrined in legal acts. It should be noted that the formation of the entire institution is a rather complex and lengthy process. For more than a decade, many countries have been moving towards the formation of a social partnership system as one of the key components of labor law. As for Russia, the process of establishing the institute was complicated by two circumstances. First of all, the country had no experience in using the system during the socialist period. Accordingly, there was no normative consolidation in the Labor Code, since the communist ideology denied the need to apply it in management. Of no small importance were the high rates of destruction of the previously existing paradigm, the intensity of the liberalization of social and production relations. These factors led to a decrease in the role of the state in the world of work and, accordingly, to a weakening of the protection of citizens. At present, it is difficult to find a subject who would doubt the importance of social partnership as the very effective method achieving social peace, maintaining a balance of interests of employers and workers, ensuring the stable development of the entire country as a whole.

Role of the state

In the world practice of developing forms of social partnership, a special place is given to power. First of all, it is the state that has the authority to adopt laws and other regulations that fix the rules and procedures that establish the legal status of entities. At the same time, the authorities should be a mediator and guarantor in the course of resolving various conflicts between the participants in relations. Government agencies, in addition, assume the function of disseminating the most effective forms of social partnership. Meanwhile, the importance of state and local authorities should not be limited solely to one conviction of employers to take on actual obligations related to property ownership, which are in line with the social and economic objectives and goals of state policy and do not infringe on the interests of the country. At the same time, power cannot deviate from the implementation of control functions. Supervision over the implementation of civilized social partnership on a democratic basis should be carried out by authorized state bodies.

Key points of the system

The state assumes the obligation to develop legislative norms. In particular, the Labor Code establishes the key principles of social partnership, determines the general direction and nature of the legal regulation of relations that develop in the economic and production sphere. The institution in question is based on:

The main forms of social partnership

They are mentioned in Art. 27 TC. In accordance with the norm, the forms of social partnership are:

1. Collective negotiations on the development of draft collective agreements / contracts and their conclusion.
2. Participation of representatives of employers and employees in pre-trial dispute resolution.
3. Mutual consultations on the problems of regulation of industrial and other relations directly related to them, ensuring guarantees of the rights of employees and improving sectoral legislation.
4. Participation of employees and their representatives in the management of the enterprise.

It should be said that before the adoption of the Labor Code, the Concept of the formation and development of the institution in question was in force. It was approved by a special tripartite commission for the regulation of industrial and economic relations (RTK). In accordance with it, the participation of employees (personnel representatives) in enterprise management acted as a key form of social partnership in the world of work.

Pre-trial resolution of conflicts

Participation in it for employees and staff representatives has a number of features. Pre-trial resolution refers exclusively to individual disputes, since collective conflicts are not resolved in courts. When implementing this form of social partnership in the world of work, the rules of Art. 382-388 TC. These rules determine the procedure for creating a representative office of the participants in the relationship. The rules for regulating collective conflicts, except for the strike stage, are based on the principles of social partnership. Experts analyzing Art. 27, come to the conclusion that the norm contains an inaccurate interpretation. In particular, experts propose to change the definition of the form of social partnership, which provides for the settlement of conflicts, to the following - the participation of representatives of employers and staff in out-of-court and pre-trial proceedings. In this case, the latter will indicate the possibility of resolving individual, and the former - collective disputes.

Specificity of categories

The normative forms of social partnership were first enshrined in the Law of the Leningrad Region. It defines these categories as specific types of interaction between subjects for the creation and implementation of a coordinated socio-economic and production-economic policy. In the explanations to the Labor Code, forms of social partnership are interpreted as ways of implementing relationships between participants in order to regulate work and other ties concerning them. There are corresponding definitions in regional laws.

Additional categories

When analyzing the current norms, experts point to the possibility of supplementing Art. 27. In particular, according to experts, the forms of social partnership include:

According to other experts, the above options have several disadvantages. First of all, there is a declarativeness of some provisions, binding to the structures that are authorized to implement them. At the same time, the forms of social partnership established in the legislation of the region contribute to a significant expansion of the possibilities of the participants in relations, in comparison with Art. 27 TC. The list given in the norm as an exhaustive list, therefore, can be supplemented and concretized by the Code itself and other normative acts. The corresponding clause is present in the specified article. In particular, it says that the forms of social partnership can be established by regional legislation, collective agreement / contract, enterprise.

Art. 26 TC

The forms and levels of social partnership are the key links that form the institution under consideration. The TC does not give clear definitions, but lists, classifications and signs of elements are provided. So, in Art. 26 of the Code indicates the federal, sectoral, regional, territorial and local levels. Analyzing the above categories, many experts point to a violation of the logic of the list construction. Experts explain their conclusion by the fact that it contains categories divided by independent classification criteria.

Territorial criterion

Social partnership exists at the federal, municipal, regional and organizational levels. This list appears to be incomplete. In Art. 26 of the Labor Code does not mention one more - the federal district level. In May 2000, the President signed a decree on the formation of constituencies. In accordance with this act, representatives of the Head of State were appointed and representations were opened. Currently in all federal districts 2- or 3-party agreements signed. They are necessary to create a single district, ensure the implementation of the needs of the population, the rights of able-bodied citizens, the development of social partnership, and so on.

Industry feature

The forms and levels of social partnership that exist at the regional level are provided with a regulatory framework corresponding to the characteristics of the area, historical and cultural traditions, etc. In the legislation of the constituent entities of the Russian Federation, except for those provided for in Art. 26 TC, a special (target) stage is established. At this level, professional relationships are concluded.

Conclusion

Some experts suggest adding to Art. 26 TC international and corporate level. However, the inclusion of the latter seems to be somewhat premature today. If we talk about the corporate level, then adding it to the existing list is currently impractical. This is directly due to the nature of this step. At this level, organizational, sectoral, territorial and international signs of social partnership are combined. At the same time, the latter is implemented mainly in accordance with the provisions of agreements concluded by the Russian Federation with other countries, taking into account the conflict of laws norms of labor law. To clarify the situation, experts suggest changing the interpretation of Art. 26. In their opinion, it is necessary to indicate in the article that the territorial level is a part of the Russian Federation, determined in accordance with the normative acts (the Constitution, the charters of the Ministry of Defense and enterprises, government decrees, etc.). The functioning of the institute is carried out in the whole country, in districts, regions, in municipalities and directly at enterprises.

World experience in the development of social and labor relations demonstrates the success of balancing the interests of hired workers and entrepreneurs. The developed countries The West, having gone a long way from an acute class struggle to achieving social peace, have found the optimal form of cooperation - social partnership.

This seems to be important for modern Russia... Social partnership is gradually entering the sphere of social and labor relations of Russian society.

R "Consent" and "cooperation" - key categories of scientific research in the field of social partnership - are of acute relevance for the current state of Russian society. The foundation of any society is agreement on the basic values ​​of existence. A lot is said about consent in modern Russian society, its legislative norms. However, it is mainly about political agreement, and to a lesser extent about the agreement of values ​​of a more fundamental order. It is too early to speak about agreement as about the readiness and ability of the direct partners, and together with them the public groups to jointly seek solutions to emerging problems, coordinate their interests, accept each other's points of view, and look for ways to peacefully resolve social contradictions. In fact, social partnership is an ideology generated by a certain level of socio-economic development, which is based on the rejection of both the doctrine of class struggle and the doctrine of the unlimited power of capital and the market.

In a global sense, the main goal of social partnership is to ensure sustainable evolutionary development of society. The conditions for such development were considered in the 1920s. XX century. P. Sorokin 1. He also established that the stability of the social system depends on two main parameters: the standard of living of the majority of the population and the differentiation of income. The lower the standard of living of the bulk of the population, the greater the difference between the rich and the poor, the more popular are the calls for the overthrow of power and the redistribution of property with appropriate practical actions. All this is also true in relation to modern systems of social partnership.

& Domestic and foreign studies have laid the theoretical foundations of social partnership. In the works of Yu.G. Odegova, G.G. Rudenko, N.G. Mitrofanov's system of social partnership is viewed as "a special institution of civil society, based on the recognition of the need and value of all social groups that form the structure of society, regardless of their number and social status, their right to defend and practically realize their interests" 1.

& In the Concept of the formation and development of a system of social partnership in Russian Federation social partnership is defined as “a way of integrating the interests of various social strata and groups, resolving contradictions that arise between them by reaching agreement and mutual assistance, refusing to confrontation and violence” 2.

These definitions do not contradict each other, but emphasize the volume of this concept. Within the framework of the state, the formation of a system of social partnership is one of the areas of activity for the implementation of social policy.

With the adoption of the new Labor Code of the Russian Federation, many legal and theoretical issues have been resolved. In Art. 23 of the Labor Code of the Russian Federation, the following definition is given: "Social partnership is a system of relationships between employees (representatives of employees), employers (representatives of employers), government bodies, local governments, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other directly related relations. "

R The process of creating the Russian concept of social partnership reflects a significant backlog of scientific developments in this area from the needs of socio-economic practice. Since the beginning of the 90s. On the initiative of the trade unions and with the support of the state, legislation on social partnership began to take shape in Russia.

The first stage of its formation - 1991-1995. - This is the formation of a legislative basis for social partnership. During this period, the first laws, Decrees of the President of the Russian Federation, and government decrees were adopted to consolidate the ideology of social partnership: laws on collective bargaining agreements (1992), on labor protection (1993). We especially note the Decree of the President of the Russian Federation "On the Russian Trilateral Commission for the Regulation of Social and Labor Relations" (1992). With the adoption of the Constitution of the Russian Federation in 1993, the state proclaimed the principles of social partnership.

The second stage of legislative registration of social partnership covers 1996-1999. During this period, the Federal Laws "On Trade Unions and the Rights and Guarantees of Activities", "On the Procedure for Resolving Collective Labor Disputes" were adopted, and a legislative basis for labor law was laid, which made it possible to begin the formation at the regional level of a fundamentally new and relatively independent legislation on social partnership of the constituent entities of the Russian Federation ... The first special laws on social partnership began to be adopted in the regions1. The laws of the constituent entities of the Russian Federation develop and supplement the norms of federal legislation. Thus, the legal foundations of social partnership were laid.

Currently, the third stage of the formation of the social partnership system continues, which consists in the practical functioning, strengthening and development of social partnership at the level of organizations. The organizations adopt local normative acts on collective agreements and agreements, specifying the general procedure for conducting negotiations, concluding them, monitoring the implementation of collective agreements and agreements, the rights and obligations of the parties to social partnership.

The methodological basis of social partnership is the recognition of the value of a person, personality, citizen. Partner consciousness and behavior imply a deep understanding of the real situation, a willingness to compromise, consensus. These qualities enable social partners to achieve coordinated, long-term decisions on a variety of economic and social issues.

Social cooperation of the parties is carried out on a certain regulatory basis, but the nature can be both formal and informal, confidential. The optimal forms of interaction within the framework of social partnership are as follows:

- negotiations on the conclusion of contracts and agreements;

- consultations;

- joint work in commissions, councils, committees, foundations;

- control over the implementation of additional agreements;

- settlement of collective labor disputes;

- participation of employees in the management bodies of the organization, etc. 1

By its structure, social partnership is a set of bodies and organizations created from representatives of hired labor, employers and the state to regulate mainly social and labor relations.

The principles of social partnership are the following provisions:

- Equality and authority of the parties in raising and discussing issues at negotiations and consultations, in reaching agreements, equality also in monitoring their implementation;

- mutual consideration of one's own interests and the interests of the other party;

- exact observance of the norms of the legislation;

- voluntary acceptance of obligations when concluding contracts and agreements;

- full responsibility for the implementation of accepted agreements;

- Equality in reaching an agreement without prejudice to the interests of any of the parties on the basis of mutual concessions, self-restraint, compromises, consensus.

R Since social partnership develops and determines the relationship of subjects in the social and labor sphere, it is necessary to consider the main issues of social and labor relations. Social and labor relations are relations that arise between production participants in the course of their interaction regarding remuneration for labor, its conditions, employment, forms and methods of conflict resolution.

There are two levels of labor relations - individual and collective. Individual labor relations - the relationship between an employee and an employer regarding wages, working conditions and other mutual obligations stipulated by the employment contract. They arise when a person enters a new place of work, concludes an employment contract in any form, can change depending on the circumstances and are terminated as a result of the employee's dismissal.

The collective level of labor relations is associated with the integration into social institutions - the representation of collective interests (trade unions, production, workers, strike, strike and other committees) and their interaction on behalf of both employers and employees of one enterprise, region, industry in order to defend their rights and the pursuit of common interests. Collective labor relations - relations between social, qualification, trade union groups and their organizations regarding the preservation or improvement of working conditions - it is appropriate to call social and labor relations, since they are of a group nature and are closely related to social conditions.

V soviet period the state acted as a monopoly employer and owner. The process of formation and transformation of the state into an independent and neutral subject of social and labor relations is associated with the processes of denationalization of enterprises, reducing its direct impact on business and the economy.

On the part of the state, participants in social and labor relations may be socio-political bodies of state administration that are not directly involved in the production process and are not associated with employers and employees; economic ministries and departments related to production, at the same time representing the state and employers.

In accordance with the level, the subject of social and labor relations can be both individual and group, collective in nature. The subject of social and labor relations are various aspects of a person's working life: labor self-determination, career guidance, hiring and firing, professional development, socio-psychological development, vocational training and retraining, labor assessment and remuneration, etc. All their diversity is usually reduced to three groups : social and labor relations of employment, social and labor relations associated with the organization and efficiency of labor, social and labor relations arising in connection with remuneration for work.

As a rule, problems arise in each of these groups, around which the interaction of the subjects of social and labor relations is built. These problems combine both elements common to any labor market and specific ones characteristic only of Russian conditions and lead to a typical circle of conflicts and contradictions that are regulated in the process of relations between workers and employers.

The sphere of social partnership is a way to overcome social conflicts, provided that the reasons are understood and a professional approach to their resolution.

The source of most social and labor conflicts is the contradiction between the interests of employers and employees. For employers, the main goal of the activity is the growth of production and profits, which can be achieved as a result of savings on wages and working conditions. Decent pay is important for employees and good conditions labor. The third participant in social and labor relations - the state - should mitigate this contradiction, help organize a dialogue and reach a compromise between them. The state bears on itself reconciling, regulating functions, acts as a mediator, arbiter in the process of regulating social and labor conflicts.

R Conflict management implies managing a conflict, influencing the process of its course, preventing the destructiveness of its development. Regulation includes measures to prevent violent actions, to reach agreements acceptable to the contracting parties. This is the most effective way to make the conflict controllable, to realize its active potential in order to continuously develop the social structure.

The normal development of a social conflict, the possibility of its settlement presuppose that each of the parties is able to take into account the interests of the opposing party. This creates an opportunity for a relatively peaceful development of the conflict through the negotiation process, making adjustments to the previous system of relations, and finding a mutually acceptable solution. But in real life, the parties often proceed from a negative assessment of the previous state of affairs, declare and defend only their own interests. Moreover, to protect their interests, the use of violence, the demonstration of force, the threat of its use are not excluded. In this case, the social conflict deepens, since the impact of force necessarily meets opposition associated with the mobilization of resources of resistance to force.

Researchers identify the following conditions for the successful settlement of social conflict:

- the presence of certain value prerequisites, i.e. each side recognizes conflicts in general and individual contradictions in particular as inevitable, justified and expedient, recognizes the existence of a specific conflict situation, the opponent's right to exist, his right to his own interests, and their defense. But social conflict cannot be regulated when the parties declare a complete community of interests. This is a kind of denial of the very existence of a conflict. Recognition of differences and confrontation is one of the essential features of social conflict itself;

- the level of organization of the parties. The more organized the parties are, the easier it is to reach an agreement and fulfill the terms of the contract;

- the conflicting parties must agree on certain rules, subject to which it is possible to preserve or maintain relations between the parties. These rules should provide equality of opportunity for each of the parties to the conflict, provide some balance in their relationship. The forms of rules can be very diverse: constitutions, statutes, agreements, treaties;

- regulation of social conflicts presupposes the presence of special institutions with the necessary powers to negotiate and reach an agreement, a monopoly on representing the interests of their side; decisions made by these institutions should be binding on all conflicting parties; they must act democratically;

- the success of the settlement of a social conflict depends on the amount of resources possessed by the parties involved. They have the ability to formalize organizational requirements, endure the costs of compromise decisions, and minimize losses.

Conflict experts have identified the following factors for constructive resolution of social conflict:

- institutional: the existence of mechanisms for consultations, negotiations and the search for mutually beneficial solutions, including mechanisms within the framework of the legislative, judicial and executive branches;

- consensual: there is agreement between the conflicting parties about what an acceptable solution should be. Social conflicts are more or less regulated when their participants have a common value system. At the same time, the search for a mutually acceptable solution becomes more realistic;

- the factor of cumulativeness: the smaller the number of subjects and problems that determine a social conflict, the higher the likelihood of its peaceful settlement;

- the factor of experience, which determines the experience of the subjects of social conflict in conflict interaction, including examples of resolving such conflicts;

- the factor of the balance of power: if the conflicting parties are approximately equal in terms of the possibilities of coercion, then they will be forced to look for ways to a peaceful solution to the conflict;

- sociocultural: analysis of a social conflict in the process of its settlement mechanism should also apply to the sociocultural sphere, which is determined by the influence of the social atmosphere, the interdependence of social systems, groups, enterprises from each other;

- psychological factor: much depends on the personal characteristics of the subjects of interaction, those who make decisions during the conflict, their experience, the ability to agree or confrontation, behavior.

The style of cooperation is the most constructive and effective in the settlement of social and labor conflicts. This style is characterized by the following features: active joint activity in search of a solution to the conflict; the length of the process of clarifying the interests, needs of both parties; the possession of equal power; search for new alternatives in solving the problem; high level of awareness of the parties about each other; focus on establishing and maintaining good relationships; no time limits; effective communication skills;

Social conflict, including at the enterprise, in the organization must be considered as an integral part of the social system. The social environment of the enterprise includes the actions of communities, natural factors, customs, traditions, life values ​​of employees. The spread, and even more so the dominance of certain social emotions, characteristics of public consciousness, moods form the background of social conflict.

Conflict perception of the situation by the majority, if any, will make reaching agreement almost impossible. Demonstration of non-aggressive actions and intentions helps to soften negative stereotypes. The strategies, styles of behavior adopted in society, embodying the peculiarities of consciousness, predetermine the possibilities, options for resolving the social conflict.

The socio-economic situation in modern Russia makes the issue of reaching public agreement on the strategy and tactics of socio-economic policy, the choice of optimal forms and methods of social and labor relations urgent for society and public practice. The creation of a mechanism for interaction between the state, employers and employees on a solid legal basis is the key to achieving social stability. World practice has developed and is being successfully implemented a non-confrontational way of regulating social relations.

So, social partnership acts as a system for resolving conflicts in all spheres of society, a form of relationship and a method of coordinating the interests of the subjects (partners) participating in them to ensure their constructive interaction based on peace and harmony.

At present, in Russia, social partnership is most widespread in the social and labor sphere, but it is inevitable that it will spread to other spheres of public life. It influences the implementation of economic reforms, the implementation of a reasonable social policy, the development of industry in order to significantly increase the level of employment, the level of prices, taxes, tariffs, issues of social protection of the population, assistance to the unemployed, etc. Therefore, it makes sense to talk about social partnership as a harmonization of the positions of various parties and partners striving for social peace and political stability in all spheres of public life.