The social partnership is called civilized interaction between organizations - defenders of workers' interests (trade unions), employers and government agencies. Through cooperation, the regulation of labor relations is achieved, based on contracts and legislation. Due to the functioning of the social partnership, the level of guarantees for workers increases.

The most brief definition of social partnership sounds like this. This is a system of interaction in the labor market between the main agents. We will consider the concept and principles of social partnership in this article. Start the study of this market category of society follows from interpretation.

More about different interpretations of concept

Allocate two interpretations of social partnership. The global version based on historical laws, states that the class struggle was transformed into a partnership system between workers and employers. In developed countries, civilized socio-labor interactions contributed to the development of the economy and erasure class contradictions. Conflicts B. modern world There are not between classes, but between organizations. Disputes are solved by a civilized way. Thus, the social partnership on this interpretation is one of the methods of achieving coherence of interests.

For another aspect of understanding, the social partnership ensures the solution of socio-economic problems and resolving controversial moments between employees and employers. These two points of view do not contradict each other, so it is possible to take into account the global and specific interpretation for the latitude of understanding the system. Social partnership to the end cannot exclude fluctuations in the work sphere due to class differences. It only softens confrontation.

The importance of social partnership

The formation of social partnership proceeded difficult and occurs so far. In the Russian Federation, legislation in this niche developed from scratch. First, the security of the labor population as a result of rapid reforms fell, but it led to the impetus for development social system. There was a weakening of state control.

Currently, any specialist is clear that the system and principles of social partnership are an effective way to optimize the balance of interests of employers and workers. This concept is described in the Labor Code of the Russian Federation (Art. 23). There are also its species.

Principles of social partnership

Social partnership regulates the interests of the state, business and employees in the field of labor. Its direct function lies in the stabilization of relations in society, which contributes to the preservation of the balance and the world. The system has an impact on the development of civil society and democracy in the economy, provides socio-economic security and justice in resolving contradictions in labor niche.

The main principles of social partnership are the following:

1. Any Party may initiate negotiations (equality).
2. The interests of all participants are taken into account.
3. Legislation provides the opportunity to negotiate on their own on many issues.
4. The state strengthens the democratic component of social partnership by creating special assistance bodies.
5. The signing of the Agreement requires the parties to comply with the items compiled, taking into account the norms of labor law and registered in the legislation, as well as other legal acts.
6. The appointment of representatives of the parties occurs with the help of the meeting of workers and the preparation of the Protocol (trade union delegation) or the order (participants from the employer). As a result, the chosen acquires the authority to defend interests.
7. The choice of issues discussed depends on the participants. The principle of social partnership is freedom of choice.
8. The obligation to the parties are made voluntarily, without pressure, they must be real, that is, bye.
9. Collective contracts require inevitable implementation. Supervisory authorities carry out control.
10. Upon default, an administrative responsibility occurs, which is established at the conclusion of the contract.

Functions

The processes occurring in the socio-labor sphere ensure the stability of the economy and policies of the Company and contribute to the development of democratic institutions. The principles of social partnership in the field of labor are focused on the elimination of a radical approach to solving problems. The World Practice and the ILO activities (International Labor Organization) are aimed at this. The task is to conduct a constructive dialogue, taking into account the interests of all participants.

Coordination of a variety of socio-group interests, the settlement of contradictions, conflicts and their prevention through the methods of social partnership contribute to the world, the development of the economy and public order.

History of origin

The development of social partnership began from the moment the motion is the appearance of the ILO. In Russia, this system has undergone after the appearance of Decree No. 212 of 15.11.1991. It provides permission to work disputes, discussion and drawing up agreements.

Forms of social partnership

1. Collective negotiations in compiling general agreements.
2. Drawing up collective contracts.
3. Mutual consultations, for example, in disagreement between the trade union and the employer.
4. Management of employees and trade union organization.
5. Pre-trial proceedings of representatives of workers and employers.

Examples of social partnership

The dialogue between employers and employees or their representatives relates to a bilateral type. Interests of workers include temporary stability and payments worthy wages or the optimal ratio of the complexity of duties and material remuneration, social and domestic benefits. The employer seeks to obtain maximum profits and dividends, optimize production in order to reduce costs. The instability of the relationship is caused by ignoring the interests of the opposite side. As a result, problems begin: reducing profits and investments, strong fluctuations in working conditions.

Depending on the development options for negative phenomena, various forms of social partnership are used, described in detail in the Labor Code (Article 27). The system operates at the organization level in bilateral form. If the coordination of the problem at the state level is required, then this type is called trilateral. Coordinate problems are allowed with local (territorial, regional), industry and / or national bodies.

In Russia, the Commission is organized, which includes representatives of trade union associations, employers and governments. The structure performs the functions of the settlement of socio-labor relations. In the subjects of the state there are also the possibility of organizing commissions of different levels operating on the basis of the laws of the Russian Federation and special guidelines approved by the bodies local governments.

The role of state

The state is a special role in regulating social partnership:

1. Controls legislation.
2. Takes new legal acts.
3. Determines the features of the organization of associations of workers and employers.
4. Sets the forms and methods of interaction between partners, the legal framework of their activities and the legislative regulations.
5. He acts as an intermediary in solving conflict situations.
6. It is a social partner when issuing a special level collective agreements.
7. Creates conditions for creating associations between workers and / or employers.

The main task of the state

Basically, the task of government agencies is not to commit obligations on itself, but in coordination and stimulation of the negotiation process, maintaining uniformity established rules. The achievement of compromises between the parties contributes to the successes of economic and social development.

In which case, government agencies assume certain obligations other than the right regulation? If they act as employers (in relation to state or state-owned enterprises). Property owner can be local or state bodies. The directorate of enterprises performs farming functions.

Social partnership: principles, levels

In the Labor Code (Art. 26), 5 levels of social partnership are distinguished:

1. Federal (fundamental settlement basics).
2. Regional (regulation in subjects).
3. Industry (management in a specific industry).
4. Territorial (for a specific settlement or its zone).
5. Local (within a certain organization).

The current principles of social partnership should function in accordance with the legislation at any level.

Conclusion

Thus, if you describe the forms and principles of social partnership, you can withdraw the following key features proper work Structures:

1. This is a strong ideology of partnership in the classes of workers and owners, where employees do not seek to destroy the existing system, but stimulate the creation of new reforms and agreements to improve their position.
2. The principles of social partnership and their system are functioning exclusively in developed economyWhen the state not only supports a specific class, but is fulfilling the interests of many representatives of the population. The basic principle of social partnership is the principle of equality of the parties.
3. The interest of communities is needed from the working class (parties, trade unions) and the presence of sufficient strength and authority, so that employers and government agencies are considered with the opinions of organizations. Therefore, some specialists consider respect and accounting of the interests of the parties to the basic principle of social partnership.
4. Economic problems, loss of capital and instability in society are the main reasons forcing the state and owners to listen to employees.

Social partnership and its role in regulating social and labor relations

Social partnership - The system of relations between employees (representatives of employees), employers (representatives of employers), government bodies, local governments aimed at ensuring the coordination of the interests of workers and employers on the regulation of labor relations and other directly related relations.

The social partnership includes both bilateral relations between representatives of employees and the employer (employers, employers' employers - bipartism) and tripartite interaction (triparty) with the participation of government bodies and local governments. It should be borne in mind that only the executive authorities or local self-government are directly involved in the social partnership system. They send their representatives to create permanent commissions, are involved in concluding agreements at the respective levels, etc. (Art. 35 TC).

TO basic principles of social partnership relate:

1) Equality of the Parties: manifests itself in the initiative of negotiations, their jurisdiction and signing collective agreements and agreements and in controlling their execution;

2) Compliance with labor law standards: all parties and their representatives must comply with not only the TC RB, but also other norms of labor legislation;

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

4) Voluntary commitment: Each Party assumes obligations under a collective agreement or a social and partnership agreement by consensus, yielding to each other, but voluntarily, i.e. One party may not accept the obligation that another side offers;

5) Accounting for the real possibilities of adopting real obligations: the Party must undertake obligations under the Agreement or Agreement are not declarative, and which it is really capable of executing;

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

7) refusal of unilateral actions that violate agreements;

8) Mutual informing the parties to the negotiations on the change of the situation.

Social partnership system

Social partnership system includes the following levels:
1) the federal level establishing the foundations of regulating relations in the field of labor in Russian Federation. At the federal level there may be: general and sectoral agreements;
2) regional level establishing the foundations of regulating relations in the field of labor in the subject of the Russian Federation. At the regional level (subject of the Russian Federation), regional and sectoral agreements are concluded;
3) the sectoral level establishes the basics of regulating relations in the field of labor in the industry (industries);
4) the territorial level establishes the basics of regulating relations in the field of labor in the municipality. In the territorial level (municipality) the territorial agreement is concluded;
5) The level of the organization establishing specific mutual commitments in the field of labor between employees and the employer.
It should be noted that the economic and legal status of social partners is different.

Social partnership is carried out in forms:
1) collective bargaining on the preparation of projects of collective agreements, agreements and their conclusion. Collective negotiations and conclusion of collective agreements and agreements are the main form of social partnership. This is a realization by employees (in the person of their representatives) and employers the right to collectively contractual regulation;
2) mutual consultations (negotiations) on the regulation of labor relations and other, directly related relations, ensuring guarantees of labor rights of workers and improving labor legislation. Mutual consultations are carried out, as a rule, at the federal, regional, territorial, sectoral levels in the relevant commissions (Article 35 of the TC).
Consultations at the level of the organization are held within the framework of the participation of employees in the management of the organization (Art. 53 of the TC);
3) the participation of employees, their representatives in the management of the organization (Art. 53 of the TC);
4) the participation of representatives of workers and employers in the pre-trial resolution of labor disputes. The cooperation of employees and employer (employers) is carried out in the resolution of both individual and collective labor disputes. With the resolution of individual labor disputes on the parity principle, a labor dispute commission is being created, which considers most of the individual labor disputes (art. Art. 384-389 TC). When resolving collective labor disputes, an extrajudicial conciliation procedure is used: by agreement of the parties, the Commission is created from their representatives, the parties are involved in the choice of an intermediary, in the creation of labor arbitration, etc.

are starting Procedures for the development and conclusion and change of collective agreements, agreements.

The negotiations discusses issues: 1) the establishment, changes in the socio-economic working conditions and the life of workers; 2) conclusions, changes, execution or termination of collective agreements, agreements.

Parties to collective bargaining are representative bodies of workers and employers. In collective bargaining, other persons can participate in addition to representatives of the parties: specialists, experts who advise. But do not take part in the voting.

The procedure for conducting collective bargaining:

Each of the parties has the right to send the other party a written requirement for collective negotiations on concluding, changing or supplementing a collective agreement, agreement, the other party is obliged to begin negotiations within seven-day deadlines. By agreement of the parties, collective bargaining can be started at another time. To negotiate, the parties create a commission on an equal basis (from an odd quantity) of authorized representatives. Representatives must have a document confirming their powers. The employers are required to provide the information necessary for collective bargaining.

Representatives of the parties to collective bargaining, disclosing information, which are a state or commercial secret, are responsible.

The composition of the commission, timing and venue of collective bargaining are determined by the parties. The parties do not have the right to stop collective negotiations unilaterally.

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

Collective agreement - Local regulatory act regulating labor and socio-economic relations between the employer and employees working. It is always a bilateral act. A collective agreement may be entered into both the organization as a whole and in its separate units.

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

As a representative body of workers, as a rule, the trade union committee is. If the interests of employees represent several trade unions, the side of the collective agreement can be: 1) each of them on behalf of the employees united in it; 2) the union that unites most of the employees from this employer or having the largest number of members to which this right is voluntarily provided by the rest of the trade unions; 3) a joint body voluntarily created by these trade unions. If more than 50% of employees are not members of trade unions, they can create their own body as a part of a collective agreement.

The second party of the collective agreement is the tenant or the representative authorized by him. Representatives from the employer can act officersWith information necessary for collective bargaining, relevant qualifications and experience (for example, heads of structural units, legal advisers, chief accountant, etc.). At the discretion of the employer, his representatives may also be faces that do not work in this organization, but having some experience in conducting collective bargaining (for example, experts to unite employers).

The collective agreement is in writing in organizations of any organizational and legal forms, their separate divisions (on issues related to the competence of these units). The projects of the collective agreement are discussed at the general meeting of the organization's team. Sign up Collective contract on each page by authorized representatives of the parties. Signed collective agreement registeredin the local executive or administrative body at the location (registration) of the employer. For this, the employer submits to the relevant authority: 1) a request for registration; 2) signed on each page a collective agreement; 3) copies of documents confirming the powers of the parties to sign a collective agreement. Registration is carried out within two weeks from the moment of applying with the appropriate record in a special journal, and on the first page of the submitted collective agreement is set by a registry stamp.

A collective agreement is concluded for a period that is determined by the parties, but not less than one year and no more than three years. It comes into force from the moment of signing, or from the day that the parties establish, and acts, as a rule, before the conclusion of a new treaty. In the reorganization of the organization, a collective agreement maintains its effect during the period on which it is concluded, if the parties are not a different solution. When changing the owner of the property of the organization, it acts within three months.

Agreement - This is a regulatory act containing the obligations of the parties to regulate relations in the socio-labor field at the level of a certain profession, industry, territory.

Depending on the sphere of regulated socio-labor relations may be next species Agreements: General, tariff and local.

General(republican) Agreement establishes general principles regulation of socio-labor relations at the republican level.

Tariff (sectoral) Agreement establishes the rules of payment and other working conditions, as well as social guarantees and benefits for industry workers.

Local The agreement establishes the working conditions, as well as social guarantees and benefits associated with the territorial features of the city, the district, other administrative and territorial education.

Agreements by agreement of the parties participating in the negotiations may be bilateral and tripartite.

Agreements providing for full or partial budget financing are subject to the obligatory participation of representatives of the relevant executive bodies.

The order, the deadlines for the development and conclusion of agreements are determined by the Commission formed by the Parties on an equal basis from the representatives of representatives.

Agreements conclude B. writing on timeno meer than one year and no more than three years. Agreement is signed on each page by authorized representatives.

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

Similar information.

The social partnership defined by the current legislation was the new method of modern legal regulation of labor and an effective tool for competent coordination of the polar opposite interests of the staff and the employer. We learn more about how to treat the Labor Code of the Russian Federation, this method is manifested in the real life of the company and in what provisions is based.

The concept of social partnership

Art. 23 TK RF so determines this far from always understandable term:

Social partnership in the field of labor is a system of relationships between employees, employers, federal authorities and local government structures. Such a system is designed to achieve the coordination and observance of the balance of interests of the two Parties (personnel and employer) in the field of regulation of labor and all interacting relations with them. Partners may also be representatives of both parties. In particular, personnel interests are often delegated to trade union organizations.

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

Forms of social partnership

There is a social partnership in various forms. For example, all changes or suggestions put forward by the Company's administration and concerning the production and labor issues of the company are necessarily discussed collectively, with direct participation of personnel, are accepted (or being finalized) and reflected in the clerks, industry agreements and other internal local acts regulating the work of the enterprise and at the same time guaranteeing employees fulfill their labor rights.

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

• Bilateral counseling (personnel - administration) to coordinate the sphere of labor, ensuring guarantees of the rights of personnel under the Labor Code of the Russian Federation;
• Joint (collective) negotiations on projects for the projects of callers and agreements, as well as the conclusion of such acts;
• Staff participation or its representatives (trade unions) in the management of the company;
• Permits of emerging disputes with the participation of both parties - employers and personnel.

Basic Principles of Social Partnership

The social partnership system is based on the principles listed in Art. 24 TK RF. These include:

• Strict compliance with legislative norms and NPA regulating the labor sphere;
• Documented authority of the parties;
• Mutual interest of the interests of the parties;
• Equality of the Parties to the initiation of negotiations and signing agreements;
• The interest of all parties;
• Free choice in consideration of the conditions referred to in the Claimers and agreements, i.e., the ban on any invasion, limiting the rights of the parties, in particular, staff;
• Voluntary in imposing obligations, i.e., each Party agrees to the proposed conditions on a voluntary basis, without pressure from the outside. By the way, the party has the right not to take an unacceptable obligation for itself, which serves the second side;

• Reality (i.e. the possibility of fulfillment) of the obligations received;
• Controlling the fulfillment of the conditions of the callers;

• The obligation to execute the terms of the agreements;
• Responsibility for their non-performance.

Social partnership levels

There are 6 levels of socio-partnerships - from the establishment of the balance of interest in a separate enterprise to the coordination of the labor sphere in the country. They include levels:

• Local, establishing the obligations of personnel and the administration of a particular company;
• Territorial, regulatory scope of labor in municipalities;
• Sectoral, coordinating labor issues in industries;
• Regional, determined to coordinate the interests of the labor sphere in the regions of the Russian Federation;
• Federal, i.e. regulating labor issues in the Russian Federation as a whole.

Social partnership authorities

Social and labor sphere - the concept is much more extensive than only the issues of labor. This complex includes topics of social support and life, because any intra-industry collective agreement includes a whole section on social and domestic issues.

The effectiveness of socio-partnerships is governed by special bodies - commissions created by decision of the parties at each of the listed levels and consistent with the plenipotentiary representatives. At the federal level, within the framework of the current laws, the Russian 3-Party Commission on the Regulation of Social and Labor Relations is permanent. 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 base, such commissions are created and operate at all levels of social partnership in the field of labor.

Social partnership, the concept, principles, the forms of its implementation are considered relatively new categories for Russia. However, despite this, constructive measures have already been taken aimed at creating relevant institutions. Consider further what principles, forms, partnerships represent.

general characteristics

Social partnership, the forms of which received a regulatory consolidation, acts as the most efficient way Permits of emerging conflicts of interests arising from the objective relations of employers and workers. It involves the way of constructive interaction on the basis of contracts and agreements between the heads of enterprises and trade unions. The concept, levels, forms of social partnership form the base for the ILO activity. This organization on equality conditions unites representatives of employers, employees and states in most countries of the world. Consolidation, solidarity and unity of the actions of all trade unions, their bodies and members, the expansion of the dissemination of collective agreements, enhancing the responsibility of all participants in the implementation of the fulfillment of obligations assumed, as well as the improvement of regulatory support and the improvement of regulatory support has increased the responsibility of all participants in the dissemination of collective agreements.

The concept and form of social partnership

The literature provides several definitions of the institution under consideration. However, the following interpretation is considered one of the most complete and accurate. The social partnership is a civilized form of public relations in the field of labor, through which coordination and protection of the interests of employers (entrepreneurs), workers, government agencies, local authorities are ensured. This is achieved by concluding agreements, contracts, the expression of the desire to achieve a compromise on key areas of economic and political Development in the country. Forms of social partnership are funds, at the expense of which the interaction of civil society and the state is carried out. They form the structure of relations between institutes and subjects on the status, content, types and conditions of activity of various professional groups, layers and communities.

Objects

Highlighting the forms and principles of social partnerships, specialists study the real socio-economic situation of various professional layers, communities and groups, the quality of their life, possible and guaranteed ways to extract income. An important value is also the distribution of national wealth in accordance with the performance of activities - and carried out at the current time, and conducted earlier. All these categories are objects of social partnership. It is associated with the formation and reproduction of socially admissible and motivated existence is due to 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 binding to participants in relations. Subjects from employees should be attributed:

1. Trade unions that gradually lose their influence and did not occupy a new place in the economic sphere.
2. They arise from the independent movement of the workers and are not associated with previously educated trade unions neither by traditions nor origin.
3. Semi-state education. They fulfill the role of public administration departments at various levels.
4. Multifunctional movements, including employees, market-democratic focus.

On the part of the employers in social partnership participate:

1. Governing bodies of state enterprises. In the process of privatization, commercialization, incorporation, they acquire increasing independence and independence.
2. Managers and owners of private companies. From the very beginning of education, there are autonomously from state structures.
3. Public and political movements of entrepreneurs, managers, industrialists.

From the state, the subjects of social partnership are:

1. The general political and social governments. They are not involved directly into production and do not have a direct connection with employees, employers. Accordingly, they do not have a significant impact on the relationship in the field of production.
2. Economic departments and ministries. They are not direct responsibility for the production process, however, there are information about the real situation in enterprises.
3. Government agencies exercising on the macro level.

Problems of education institute

The concept, levels, forms of social partnership, as described above, are enshrined by legal acts. It is worth noting that the formation of the whole institution is a rather complicated and long-lasting process. Many countries for not one decade moved to the formation of the social partnership system as one of the key components of labor law. As for Russia, the process of education of the institute was complicated by two circumstances. First of all, there was no experience in the use of the system in the socialist period. Accordingly, there was no regulatory consolidation in the TC, since the communist ideology denied the need to apply it in management. Incidentally important was the high rates of destruction of the previous 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 field of labor and, accordingly, weakened the security of citizens. Currently it is difficult to find a subject who doubted the significance of social partnership as the effective method Achievements of the public world, maintain the balance of the interests of employers and workers, ensuring the stable development of the whole country as a whole.

The role of state

In the global practice of developing forms of social partnership, the authorities are given a special place. First of all, it is the state that the state has powers to adopt laws and other regulations that record the rules and procedures establishing the legal status of subjects. At the same time, the government must be an intermediary and the guarantor during the resolution of various conflicts between participants in relations. Government agencies, in addition, take over the function of spreading the most effective forms of social partnership. Meanwhile, the importance of state and local authorities should not be limited exclusively by one conviction of the employers to take on real obligations related to property ownership, which are in line with the socio-economic tasks and goals of state and not infringement of the interests of the country. In this case, it cannot be separated from the implementation of control functions. The supervision of the implementation of civilized social partnership on a democratic basis should be carried out by authorized government agencies.

Key positions of the system

The state undertakes to develop legislative norms. In particular, the key principles of social partnership are enshrined in the TC, the general orientation and nature of the legal regulation of relations, which develop in the economic and production sector are determined. The institution under consideration is based on:

Basic forms of social partnership

The mention of them is present in Art. 27 TC. In accordance with the norm, the forms of social partnership are:

1. Collective negotiations on the development of projects of collective agreements / contracts and their conclusion.
2. The participation of representatives of employers and workers in pre-trial resolutions of disputes.
3. Mutual consultations on the problems of regulating production and other relations directly related to them, ensuring guarantees of the rights of employees and improving industry legislation.
4. Participation of workers and their representatives in the management of the enterprise.

It is worth saying that before the adoption of the TC, the concept of the formation and development of the institution under consideration was operating. It was approved by a special tripartite commission on the regulation of production and economic relations (RTC). In accordance with it, the participation of employees (representatives of personnel) in the management of the enterprise acted as a key form of social partnership in the field of labor.

Pre-trial resolution conflict

Participation in it for workers and representatives of personnel has a number of features. The pre-trial resolution refers exclusively to individual disputes, since collective conflicts in the courts do not understand. In implementing this form of social partnership in the field of labor, the rules of Art. 382-388 TC. These norms are determined by the procedure for creating a representative office of participants in relations. 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 the inaccuracy of the interpretation. In particular, experts propose to change the definition of the form of a social partnership providing for the settlement of conflicts to the following - the participation of representatives of employers and personnel in extrajudicial and pre-trial proceedings. In this case, the latter will indicate the possibility of permission of individual, and the first - collective disputes.

Specificity categories

The normative forms of social partnership were first enshrined in the Law of the Leningrad Region. It contains these categories are defined as specific types of interaction of subjects to create and implement agreed socio-economic and production and economic policies. In explanations to the TC form of social partnership, they are treated as methods for carrying out the relationship between participants to regulate workers and other relations concerning them. There are appropriate definitions and regional laws.

Additional categories

When analyzing the current standards, experts indicate the ability to supplement Art. 27. In particular, according to specialists, the forms of social partnership include:

According to other experts, the above options have a number of shortcomings. 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 the essential expansion of the possibilities of relations participants in comparison with Art. 27 TC. The above as an exhaustive list, thus, can be supplemented and concretized by the Code itself, and other regulatory acts. The corresponding reservation is present in the specified article. In particular, it says that the forms of social partnership may be established by the legislation of the region, a collective agreement / contract, enterprise.

Art. 26 TC

Forms and levels of social partnership are key links that have been submitted by the institution. The TC does not give clear definitions, but lists, classifications and signs of elements are given. So, in Art. 26 Code is indicated by the federal, sectoral, regional, territorial and local level. Analyzing the following categories, many experts indicate a violation of the List of List. Experts explain their conclusion in that it contains categories divided by independent classification features.

Territorial criterion

Sociptendine exists at the federal, municipal, regional and organizational levels. This list seems incomplete. In art. 26 TC is not mentioned another - federal-district level. In May 2000, the president was signed by a decree on the formation of districts. In accordance with this act, representatives of the head of state were appointed and representative offices were opened. Currently in all federal Districts Signed 2 or 3-way agreements. They are necessary to create a single district, ensuring the realization of the needs of the population, the rights of workable citizens, the development of social partnership, and so on.

Sectoral sign

Forms and levels of social partnerships that exist at the regional level are provided by the regulatory framework corresponding to the peculiarities of the area, historical and cultural traditions, etc. in the legislation of the subjects of the Russian Federation, except as provided for in Art. 26 TC, a special (target) stage is installed. At this level, professional relationship is concluded.

Conclusion

Some experts are offered to add to Art. 26 TC International and Corporate Level. However, the inclusion of the latter seems to currently somewhat premature. If we talk about the corporate level, then its addition to the existing list is now inappropriate. This is due directly to the character of this step. At this level, the organizational, industry, territorial and international signs of social partnership are united. At the same time, the latter is implemented mainly in accordance with the provisions of the contracts concluded by the Russian Federation with other countries, taking into account the conflict rates of labor law. To clarify the situation, experts propose to change the interpretation of Art. 26. In their opinion, in the article it is necessary to indicate that the territorial level is part of the Russian Federation, determined in accordance with regulatory acts (the Constitution, the charters of MO and enterprises, government regulations, etc.). The functioning of the institute is carried out in the country as a whole, in districts, regions, in municipalities and directly in enterprises.