Social partnership in a broad sense are examples. Social partnership as a type of public relations. In what forms is the partnership implemented?

, relying on similar principles of interaction between the parties, in a number of aspects differs significantly from the social partnership carried out in the world of work. Consider why it is remarkable.

The idea of social partnership in education

Social partnership in any of the spheres of life is based on voluntary and mutually beneficial cooperation aimed at achieving by its participants some common social goals. Its rules for interaction on labor relations are legally sufficiently outlined (Section II of the Labor Code of the Russian Federation) and relate to the relationship "employees - employer" with the possibility of participation in them government agencies.

Social partnership in the field of education, basically having the same idea (voluntary mutually beneficial cooperation to solve common tasks), does not have a similar legislative framework and, although it is based on similar principles of interaction between the parties, it uses only those of them that are sufficient to achieve the set goals:

equality of participants;
mutual respect;
interest in results;
freedom to discuss issues of interest;
voluntary assumption of obligations;
a responsibility.

The composition of partners in the field of education is formed depending on the level of the educational institution and the tasks to be solved, and therefore cannot be unambiguously regulated. The educational institution and the student himself are always involved in it; at the preschool and school level, this circle usually also includes the student's parents. A higher level of an educational institution is also determined by a wider circle of persons interested in social cooperation with it. As the level rises, the emphasis may shift in determining the initiator of the partnership:

in a preschool educational institution (preschool educational institution), it usually becomes the institution itself;
in relations with a school, which is an intermediate stage between a preschool educational institution and an educational institution that provides vocational education, it can be both a school and both educational institutions bordering on it;
state bodies, employers, employment services, schools are interested in partnerships with a vocational education institution, and they can become their initiators.

Tasks of social partnership in education

For any of educational institutions the main task of social partnership will be to improve the quality and efficiency of education, that is, to improve the performance indicators for which they were created. However, at each of the levels of the educational process, a priority will be given to its own range of tasks to be solved social partnership in education:

at the preschool educational institution, the main attention is paid to the adaptation of the child in the team, the development of communication skills, the awakening of curiosity, the identification of special abilities;
the school provides the student with the basic knowledge necessary for further professional training, helps in career guidance, develops horizons, the ability to communicate, organize, self-organize, leadership, creativity;
vocational education institutions prepare future workers who own necessary knowledge and initial experience in relevant professions that will be in demand in the labor market.

There is a fairly close interaction between these levels, thanks to which a less painful and more purposeful transition of students from one level to another is carried out. Educational institutions of vocational education, in addition, are to a certain extent interested in the further employment of their graduates, since the further demand for the professions received and the requirements for the degree of preparedness of specialists depend on this.

On the present stage coordinated partnerships between the school and vocational education institutions, on the one hand, government bodies, employers and other partners interested in specialists, on the other hand, allow on the basis of ownership up-to-date information about the need for professional personnel to quickly resolve issues such as:

reorientation to training people in more demanded professions;
changes in the requirements for the level of professional knowledge, allowing to raise the quality of training of specialists and the degree of their competitiveness;
development in future employees of certain moral and business qualities that determine their responsible attitude to work and successful execution their functions.

Types of social partnership in education

Partnerships in education can take the most various forms... Their circle, obviously, will turn out to be wider than with partnership in the world of work, since not only is it not limited by anything, but also leads to the emergence of new effective forms.

The basis of the types of interaction between partners will be the exchange of information (predictive or relevant), which allows you to manage the education process. At the level of preschool educational institutions and schools, partnership most often takes on the nature of cooperation that is not formalized by contractual relations, while in social interaction with a vocational education institution, an agreement (agreement) becomes the most important form of relationship. Contractual relations can take place in the field:

purposeful transition of students from preschool educational institutions to certain schools, from schools to certain vocational education institutions, from an institution vocational training- to a specific employer;
preparation necessary specialists with sustainable practical skills acquired by them in the learning process through the supervision of this process by specific employers.

The role of government bodies performing the functions of collecting and systematizing data by region, analyzing and forecasting situations for the development of the economy and the demand for specialists, and adopting the necessary legislative acts to regulate the provision of legislation is quite significant in partnership in education.

Social partnership in a preschool educational institution

The preschool educational institution, along with the child's family, forms in him those basic characteristics of the personality, which subsequently determine for him many life attitudes and, in particular, outlook, choice of profession, the possibility of professional growth, the comfort of being in a team.

Social partnership in a preschool educational institution can occur:

within the preschool educational institution with the involvement of parents, the pedagogical council of the preschool educational institution, pedagogical collectives of schools, specialists in any specific areas;
at the regional level with the participation of organizations in other fields of activity (health care, culture, sports, social protection).

Forms of social partnership are:

various joint activities(concerts, holidays, performances, competitions) both in the preschool educational institution and beyond;
lessons, meetings, educational trips;
days of open doors;
general parenting meetings;
individual work with the family;
parental consultations, seminars, trainings;
individual preparation of children for school.

Social partnership at school

At school social partnership becomes important in aspects such as:

development of communication skills and adaptation in a team;
civil and patriotic education;
preservation and strengthening of health;
obtaining knowledge that complements the school curriculum;
acquaintance with the professions and places of work of parents;
assistance in finding employment during school holidays;
cooperation with preschool educational institutions in preparing children for entering school and with professional educational institutions in terms of vocational guidance.

At this level, partnerships are never limited to internal activities. educational institution and is often taken out of the school, either by holding events outside of it (olympiads, competitions, trips, hikes, lectures), or by attracting third parties and organizations to work on the school territory (staging performances, enhanced study foreign language, special courses of lectures).

Social partnership in vocational education institutions

These institutions, in terms of meeting the needs of students and employers, are most susceptible to changes in the labor market, which forces them to respond quickly to these changes, that is, leads to the need for constant self-improvement.

Information about changes is based on:

on predictive data on the demand for certain professions and long-term plans for the development of territories received from government agencies;
employers' requests;
current data of the employment service;
students' requests for certain professions.

The optimal ratio of the state of the labor market and the employment opportunities for newly trained specialists on it determines the timely and thorough analysis of the identified trends. The lack of such analysis, focusing only on student requests for future professions, can create a situation in which graduated specialists will be unclaimed, and the labor market will have unfilled vacancies in other specialties. Therefore, it is at this level that the role of the state in creating a flexible education system and in managing it acquires particular importance.

Social partnership here can take place in such forms as:

curriculum development and qualification requirements to specialists;
conducting production practices at certain enterprises;
labor market monitoring;
retraining of specialists according to agreed programs;
training of teachers at partner enterprises;
creation of joint advisory bodies;
implementation of joint projects;
attracting partners' funds to finance the reform of the learning process;
government subsidies or tax incentives for businesses involved in the training process.

Outcomes

Social partnership in education carried out according to its own special rules, allowing to attract a fairly wide range of people to it. As the level at which a partnership rises, the share of third-party organizations and government agencies in it increases.

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

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

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

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

Social partnership is carried out at six levels, including:

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

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

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

Bodies social partnership are commissions for the regulation of social and labor relations. Note that social labor Relations- the concept is broader than labor relations. They include labor relations, social security and consumer services relations, i.e. all relations social sphere... These commissions are created to conduct collective bargaining and prepare draft collective agreements, agreements, to conclude them and monitor their implementation at various levels. Trilateral commissions are created on a parity basis by decision of the parties and from their representatives, endowed with appropriate powers.

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

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

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

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

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

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

In the absence of a primary trade union organization or if it unites less than half of the employees, general meeting workers can instruct to represent their interests to this trade union committee or other representative body. The presence of another representative is not an obstacle to the exercise of its powers by the trade union committee.

Employers' representatives when carrying out collective bargaining, concluding or changing a collective agreement, the head of the institution or persons authorized by him is present. When concluding or changing social partnership agreements at different levels, resolving collective labor disputes that have arisen, the activities of the relevant tripartite commission, the interests of employers are represented by the relevant association of employers.

In our time, collective bargaining to the greatest extent reflects the social partnership of workers and employers in the world of work.
Collective bargaining between workers and employers emerged in the second half of the 19th century in industrialized countries to resolve conflicts. The International Labor Organization provided for their implementation in the ILO Convention No. 98 (1948) "The Right to Organize and Collective Bargaining", and in 1981 the ILO adopted Convention No. 154 "On the Promotion of Collective Bargaining".

Representatives of workers and employers participate in collective bargaining to prepare, conclude or amend a collective agreement, agreement and have the right to take the initiative to conduct such bargaining.

Representatives of the party who received an offer in writing on the beginning of collective bargaining, are obliged to enter into negotiations within seven calendar days from the date of receipt of the said proposal, by sending a response to the initiator of collective bargaining, indicating representatives from their side to participate in the work of the collective bargaining commission and their powers. The day of the beginning of collective bargaining is the day following the day when the initiator of the collective bargaining receives the specified response.

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

Priority in defining the subject, the content of the negotiations was given to the representatives of the workers. Negotiation and preparation of contracts, agreements are carried out by partners on an equal basis. To do this, their decision determines the commission, its composition (on an equal footing), terms.

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

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

The purpose of both the collective agreement and the agreements is to establish such a contractual regulation of social and labor relations, when the interests of the parties are coordinated, so that it is higher in level than provided for by legislation.

Collective agreement – it is a legal act that regulates social and labor relations in an institution and is concluded by employees with an employer represented by their representatives.

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

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

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

Social partnership and its role in the regulation of social and labor relations

Social partnership- a system of relationships between employees (employees 'representatives), employers (employers' representatives), state authorities, local authorities, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them.

Social partnership includes both bilateral relations between representatives of workers and the employer (employers, representatives of employers - bipartism), and tripartite interaction (tripartism) with the participation of public authorities and local governments. It should be borne in mind that only executive authorities or local self-government bodies participate directly in the system of social partnership. They send their representatives to create permanent commissions, participate in the conclusion of agreements at the appropriate levels, etc. (Article 35 of the Labor Code).

TO basic principles of social partnership relate:

1) equality of the parties: it is manifested both in the initiative of negotiations, their conduct and the signing of collective agreements and contracts, and in the control over their implementation;

2) observance of labor law norms: all parties and their representatives must comply not only with the Labor Code of the Republic of Belarus, but also other labor law norms;

3) the authority to assume obligations is determined by the presence of written documents confirming the authority of the parties to conduct collective bargaining and sign collective bargaining agreements, agreements;

4) voluntary acceptance of obligations: each party assumes obligations under a collective agreement or social partnership agreement by consensus, yielding to each other, but voluntarily, i.e. one party may not accept the obligation that the other party is proposing;

5) taking into account the real possibilities of making real obligations: a party must assume obligations under a contract or agreement, not declarative, but which it is really capable of fulfilling;

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

7) refusal from unilateral actions that violate the agreement;

8) mutual informing of the parties to the negotiations about the change in the situation.

Social partnership system

The social partnership system includes the following levels:
1) the federal level, which establishes the basis for the regulation of relations in the sphere of labor in the Russian Federation. At the federal level, the following can be concluded: general and sectoral agreements;
2) the regional level, which establishes the foundations for regulating relations in the sphere of labor in the constituent entity of the Russian Federation. At the regional level (constituent entity of the Russian Federation), regional and sectoral agreements are concluded;
3) the sectoral level, which establishes the basis for regulating relations in the sphere of labor in the sector (s);
4) the territorial level, which establishes the basis for the regulation of relations in the sphere of labor in the municipality. At the territorial level ( municipality) a territorial agreement is concluded;
5) the level of organization, which establishes specific mutual obligations in the field of work 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 the following forms:
1) collective bargaining on the preparation of draft collective agreements, agreements and their conclusion. Collective bargaining and the conclusion of collective bargaining and agreements are the main form of social partnership. This is the exercise by employees (represented by their representatives) and employers of the right to collective bargaining regulation;
2) mutual consultations (negotiations) on the regulation of labor relations and other relations directly related to them, ensuring guarantees of workers' labor rights 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 Labor Code).
Consultations at the organization level are carried out as part of the participation of employees in the management of the organization (Art. 53 of the Labor Code);
3) participation of employees and their representatives in the management of the organization (Article 53 of the Labor Code);
4) participation of representatives of employees and employers in the pre-trial resolution of labor disputes. Cooperation between employees and the employer (employers) is carried out when resolving both individual and collective labor disputes. When resolving individual labor disputes on an equal footing, a labor dispute commission is created, which considers the majority of individual labor disputes (Art. Art. 384-389 of the Labor Code). When resolving collective labor disputes, an out-of-court conciliation procedure is used: by agreement of the parties, a commission is created from their representatives, the parties participate in the selection of a mediator, in the creation of labor arbitration, etc.

are the initial stage of the procedure for the development and conclusion and amendment of collective agreements, agreements.

During the negotiations, the following issues are considered: 1) the establishment, changes in the socio-economic conditions of work and life of workers; 2) conclusion, modification, execution or termination of collective agreements, agreements.

The parties to collective bargaining are the representative bodies of workers and employers. Other persons, besides the representatives of the parties, can also participate in collective bargaining: specialists, experts who advise. But they do not take part in the voting.

Collective bargaining procedure:

Each of the parties has the right to send the other party a written request for collective bargaining to conclude, amend or supplement a collective agreement, agreement, the other party is obliged to start negotiations within seven days. By agreement of the parties, collective bargaining may start at a different date. To conduct negotiations, the parties create a commission on an equal basis (from an odd number) of authorized representatives. Representatives must have a document confirming their credentials. Employers are required to provide the information necessary for collective bargaining.

Representatives of the parties to collective bargaining who disclose information that is a state or commercial secret are responsible.

The composition of the commission, terms and place of collective bargaining are determined by the parties. The parties do not have the right to terminate collective bargaining unilaterally.

Collective agreement- local normative act regulating labor and socio-economic relations between the employer and his employees. It is always a two-way act. A collective agreement can be concluded both in the organization as a whole and in its separate subdivisions.

The parties to the collective agreement are the employees of the organization represented by their representative body and the employer or his authorized representative.

As a representative body of workers, as a rule, the trade union committee acts. If the interests of employees are represented by several trade unions, the parties to the collective agreement may be: 1) each of them on behalf of the employees united in it; 2) a trade union that unites the majority of the employees of a given employer or has the largest number of members, to which this right is voluntarily granted by the rest of the trade unions; 3) a joint body voluntarily created by these trade unions. If more than 50% of employees in an organization are not members of trade unions, they can create their own body as a party to the collective agreement.

The second party to the collective agreement is the employer or his authorized representative. Representatives from the employer may be officials who have the information necessary for collective bargaining, relevant qualifications and experience (for example, heads of structural divisions, legal adviser, Chief Accountant etc.). At the discretion of the employer, his representatives may also be persons who do not work in the organization, but have some experience in collective bargaining (for example, experts from the employers' association).

The collective agreement is concluded in writing in organizations of any organizational and legal forms, their separate subdivisions (on issues related to the competence of these subdivisions). Draft collective agreements are discussed at a general meeting of the organization's staff. Subscribes collective agreement on each page by authorized representatives of the parties. Signed collective agreement is registered at the local executive or administrative body at the location (registration) of the employer. For this, the employer submits to the appropriate authority: 1) an application with a request for registration; 2) the collective agreement signed on each page; 3) copies of documents confirming the powers of the parties to sign the collective agreement. Registration is carried out within two weeks from the moment of filing an application with a corresponding entry in a special journal, and a registration stamp is put on the first page of the submitted collective agreement.

A collective agreement is concluded for a period determined by the parties, but not less than one year and not more than three years. It comes into force from the moment of signing, or from the day which is established by the parties, and is valid, as a rule, until the conclusion of a new agreement. When an organization is reorganized, the collective agreement remains in effect for the period for which it was concluded, unless the parties decide otherwise. When the owner of the organization's property changes, it is valid for three months.

Agreement Is a normative act containing the obligations of the parties to regulate relations in the social and labor sphere at the level of a certain profession, industry, territory.

Depending on the scope of regulated social and labor relations, the following types of agreements may be concluded: general, tariff and local.

General The (republican) agreement establishes general principles for regulating social and labor relations at the republican level.

Tariff The (sectoral) agreement establishes wages and other working conditions, as well as social guarantees and benefits for employees in the sector.

Local the agreement establishes working conditions, as well as social guarantees and benefits associated with the territorial characteristics of the city, district, other administrative-territorial entity.

Agreements by agreement of the parties participating in the negotiations can be bilateral and trilateral.

Agreements providing for full or partial budgetary funding are concluded with the obligatory participation of representatives of the relevant executive authorities.

The procedure, terms for the development and conclusion of agreements are determined by a commission formed by the parties on an equal basis from representatives vested with the necessary powers.

Agreements are concluded in writing, for a period for not less than one year and not more than three years. An agreement is signed on each page by authorized representatives.

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

Similar information.

A. V. Tikhovodova

SOCIAL PARTNERSHIP: ESSENCE, FUNCTIONS, FEATURES OF DEVELOPMENT IN RUSSIA

The work is presented by the Department of Philosophy and Social Sciences of the Volga State Academy of Water Transport. Scientific adviser - Doctor of Philosophy, Professor A. A. Vladimirov

The article examines the meaning of social partnership, its functions, principles, conditions of establishment. It also reveals the possibilities and role of the parties in the framework of social partnership, features and prospects for the formation of intersectoral interaction in Russia.

In the article the meaning of social partnership, its functions, principles and conditions of their establishment are examined. The opportunities and the role of both sides of the social partnership, the peculiarities of the formation of intersector cooperation in Russia are also examined in the article.

The scale and complexity of social problems in modern Russia require the search for new effective ways to solve them. The need to establish social partnership, that is, a system that would meet the leading trends in the global development of the social sphere, is becoming more and more urgent. There are many conceptual approaches to the study of the interaction of social structures of society. In general, society is viewed as a complex system, characterized by social in nature, systemic qualities and properties, such as structuredness, self-organization, controllability, stability, dynamism. The structure of society is formed due to the fact that each person, satisfying his needs and realizing his interests, enters into social relations and occupies a certain place in the system of these relations. The ongoing social differentiation forms social structure... The structural elements of society can develop, disintegrate and re-emerge, some segments can strengthen the system, others can destabilize it, but not

stability and at the same time dynamism of development remains necessary.

The current development of Russia is largely characterized by an active and often contradictory process of the formation of three sectors characteristic of any society with a developed institutional structure: state, commercial and non-commercial. Especially topical issues management of the state, economy and social life become in periods when old norms, values, attitudes are discarded for one reason or another, and new ones are still being formed. In this regard, the key task facing modern Russia is to ensure sustainable and safe social economic development in the context of the interaction of the structural elements of society.

Historically, the slogan of social partnership arose as an antithesis to class conflicts and revolutions, as a way to resolve the contradiction between labor and capital. But at the end of the XX century. this term has been filled with a new meaning. The crisis of the three leading concepts - socialism, the welfare state and modernization in

countries of the so-called third world - demanded a search for other approaches. In the focus of public and political attention today, the initiatives of citizens who unite in a community are not commercial organizations and social movements. The meaning of social partnership is constructive interaction between government agencies, local governments, commercial enterprises and non-profit organizations. The term "partnership" presupposes a well-defined form of relations arising in the process of activity of social actors to achieve common goals. If the goals of these subjects do not coincide, the question is raised of a compromise, reaching a consensus. Undoubtedly, the named relations are based on social interaction. Social interaction performs various functions in society: stabilizing, consolidating, destructive. It is the stabilizing function that is the mechanism that ensures the development of a democratic society as a whole and its individual spheres. This function can be successfully performed by social partnership as one of the forms of manifestation of social interaction. Although social interaction at a certain stage in the development of a democratic state gives rise to social partnership, the latter can be carried out not only through this mechanism, but also form its own. Social partnership is already social interaction as one of the forms of existence of the latter, embodying its stabilizing and harmonizing functions. IM Model, B. S. Model propose to consider “social partnership and as a way of cooperation in the sphere of federal relations, a form of organic interaction of the diverse subjects of these relations, which allow them to freely express their interests in the context of the search as

called civilized means of their harmonization "1.

The key element around which or on the basis of which social partnership is formed is a social problem. Such interaction is necessary in order to jointly solve significant negative social phenomena (poverty, homelessness, orphanhood, domestic violence, environmental pollution, etc.). The establishment of partnerships helps to reduce social tension, eliminates elements of confrontation, conflict and lays the foundations for stability and public order.

Representatives of different sectors usually have different perceptions of their own responsibility for solving these social problems. But despite differences and contradictions, cooperation is essential. What exactly can each of the partners offer, what are his interests? What are the features of the resources they have? The state can act as a catalyst for changes in socio-economic life, financially and institutionally support public initiatives on which the partnership is based. The state creates legislative and regulatory conditions for the implementation of innovations, the development of local self-government, the non-profit sector, and charitable activities. It formulates target programs for the development of the social sphere and combines various resources for their implementation. Using various organizational and financial mechanisms, including a social order, to implement targeted programs, the state involves local government, non-profit organizations(NGO) and business. Local self-government is a phenomenon of public life, not state power. It acts on a par with other forms of public and private self-organization, public self-government, public associations, corporations, etc.

Representing the interests of the local community, local government, within the framework of its powers, ensures the most effective solution to social problems through the implementation of specific projects. It acts in conjunction with public associations and business representatives interested in the development of the local community. The non-profit sector is currently being analyzed by scientists as the most important component of civil society, on the one hand, and as a system for creating and delivering public goods to the consumer, on the other. The democratic, voluntary nature of the non-profit sector, based on the non-coercive nature of a conscious civic initiative, is especially noted. This is what distinguishes the third sector from the state and brings it closer to the structures of a market economy. In relation to NPOs, the following definition appeared: “a business with a public mission”. NGOs, professional associations, independent think tanks offer new ideas, solutions, social technologies, provide civil control over the actions of the authorities, and attract volunteers to work. Public associations express the interests of certain groups of the population and put forward new values. Businesses and associations of entrepreneurs provide charitable donations, as well as the opportunity to use the experience and professionalism of competent managers in solving socially significant problems.

Of course, the opportunities and role of the parties in the framework of social partnership are not the same. If the role of commercial organizations is mainly about funding opportunities, and the role state structures- also in the use of power levers, then public associations form and organize a unique resource: social initiatives

assets of citizens. And the point is not only that third sector organizations are "closer" to the population and in the provision of services can act more flexibly, effectively and "humanely" than state institutions... In their activities, they embody new (alternative) values and priorities. First of all, these are the values and priorities of groups with unequal opportunities, which are deprived of access to power and information. Public organizations "voice" the needs of these people, usually the first to formulate a social problem.

Social partnership is based on well-defined rules. it social action based on a sense of human solidarity and shared responsibility for the problem. We can say that social partnership arises when representatives of three sectors begin to work together, realizing that this is beneficial to each of them and society as a whole. Social partnership is based on: the interest of each of the interacting parties in finding ways to solve social problems; combining the efforts and capabilities of each of the partners for their implementation; constructive cooperation between the parties in resolving controversial issues; the desire to find realistic solutions to social problems, and not to imitate such a search; decentralization of decisions, absence of state paternalism; mutually acceptable control and consideration of the interests of each of the partners; the legal validity of "cooperation", which provides favorable conditions for interaction for each party and for society as a whole. Mutual usefulness, mutual interest of the parties, self-restraint, respect and consideration of the interests of partners are decisive here. They are equal in choosing ways and means of achieving a common goal, while maintaining independence and following the principle of non-interference in the affairs of the other side. Specified relationship

are built on the principles of trust, respect, benevolence, equality, freedom of choice, and the obligation to fulfill the agreements reached. Formal moments in these relations clearly outweigh informal ones, which to a certain extent facilitates interaction, leveling personal sympathies. Another principle of building and successful functioning of social partnership is compliance with federal and regional legislation.

Objective and subjective conditions for the establishment of social partnership can be distinguished. Objective ones include: democracy and civil society, the need for social partnership, the formation and institutionalization of group interests, organizational, legal and political institutions of the state in terms of regulating the interests of the participants in the relations under consideration. But all these conditions will remain potential in the absence of a subjective factor. What is needed is the will and awareness of the common goals of the participants in social partnership, their readiness to follow the norms fixed in the relevant documents, the existence of a system of effective sanctions for violating the norms of social partnership, and the development of traditions of civic participation. The successful development of each of the sectors is impossible without interaction with other sectors. In this regard, it is customary to talk about intersectoral interaction as a necessary element of nationwide managerial efficiency.

The emergence of social partnership in Russia was associated with social movements and local government (zemstvo movement). With the support of the zemstvos (and in some cases the state authorities), the first experience of solving socially significant problems emerged by a “creative union of various intelligentsia trends with

on a broad scale young, sponsoring capital "2.

For the first time, new forces arose in Russia that turned to a solution social issues... This is the local elected government, social movements(scientific and cultural societies, labor aid movement), charity of industrialists and financiers.

The development of social partnership in Russia was very limited, and its successes were incomparable with the scale of the existing social conflicts. Charity failed to eliminate poverty and smooth over the acuteness of contradictions between entrepreneurs and workers, landlords and peasants. Social conflict led to the 1917 revolution.

Historical experience shows that the interaction of various forces in the public arena is a prerequisite for the success of reforms.

As for the specifics of the formation of sectors in modern Russia, by now, a new one based on a business civic initiative has emerged. private business- the sector, and the public sector has undergone significant changes associated with the reduction of the monopoly impact on the production and social spheres. At the same time, a non-governmental non-profit sector based on civil initiatives in the non-production sphere began to form. In recent years, Russia has accumulated significant experience of intersectoral interaction, summarizing which, several models of cooperation can be distinguished: information exchange; joint charity events and other events of a different nature; systematic support of social initiatives, including through the provision of premises, provision of consulting services, payment of expenses, etc .; development of state and public forms of government, including through the creation of permanently operating round

tables uniting representatives of three sectors at the level of municipalities or constituent entities of the Russian Federation; financing of the social sphere on a competitive basis.

At the same time, there are a number of problems associated with intersectoral interaction. E.M. Osipov divides them into two blocks: profile intra-sector problems and problems of the inter-sector interaction itself3. The first block includes the following: insufficient professionalism of the participants, information hunger and the absence of a common information space, weakness of associative ties and closedness of non-governmental organizations, lack of understanding by one or another sector of partners' problems. Problems of the second block: insufficient legal support for interaction, lack of interaction mechanisms based not only on personal contacts.

The building of relations between the state and civil society organizations and business is carried out not within the framework of tripartite cooperation, but through separate, unrelated channels. With regard to business, such a channel is the Council for Competitiveness and Entrepreneurship under the government, and in relation to NGOs - public chambers (federal and regional). The approval of such a model of interaction puts civil society organizations outside the field of public policy, and, not being able to participate on an equal footing in the mechanisms of direct and feedback with the state, they are deprived of incentives to increase their activity.

The current system of relations between society, state and business needs

either to break down and create in its place the modern system of trilateral partnership, or to fundamentally rebuild it so that it is able to make this kind of partnership a fact. It is necessary to move towards such a system gradually, so that, reaching new frontiers and mastering them, move on.

The most suitable participants in the renewed system on the part of civil society could be public chambers, or rather, their delegated plenipotentiaries. Representatives of completely different spheres of activity are widely represented in the chambers, who are aware of both specific and more general socio-economic problems, on the solution of which our near and more distant future depends. These people could bring into the existing system not only their knowledge and their experience, but also make it truly workable and effective. The improvement of the system of social partnership in Russia can be initiated either by authoritative circles of political power, or by the Public Chamber and its committees, or by both at the same time. Other options are also possible, taking into account the potential of the expert community.

The dialogue type of relations between society and the authorities is the guarantor of the achievement of civil accord. The principles of social partnership - provided they are understood and accepted by the political and economic elites of the federal center and the constituent entities of the Russian Federation - can become an effective tool humanitarian reconstruction of the main spheres of life in Russia.

NOTES

1 Model IM, Model BS Social partnership under federalism: in order to discuss the problem // Polis. 2000. No. 2.P. 174.

2 Liborakina M. I., Nikonova L. S. Social partnership: interaction between state, commercial and public structures. Experience in conducting a training program. Moscow: Institute for Urban Economics Foundation, 2001. P. 49.

3 Osipov E.M.Social technologies in intersectoral interaction // Bulletin of Moscow State University. Ser. 21. Management (state and society). 2005. No. 4. P. 97.

With all the objective conditionality of the participation of workers in solving labor management issues, it is impossible not to take into account the fact that the economic interests of the subjects of labor relations are opposite, which is the basis for the emergence of conflicts between labor and capital. This opposition of interests is inherent in the very essence of relations in the sphere of hired labor and can not be overcome either by the so-called enlightened management, or by the absence of demands on the part of workers to change working conditions. The real situation in the sphere of employment of hired labor in society is determined by the nature of the manifestation of the fundamental conflict of interests of the parties to the labor relationship in a specific historical situation and is objectified in specific ways of resolving certain problems arising within the framework of this conflict. A modern economically developed society proceeds from the fact that, along with a conflict of interests, workers and the employer also have a community of interests, which is expressed in the fact that the more efficiently the enterprise works, the higher the level of working conditions and social service workers. Accordingly, both the employer and the employees are ultimately interested in stabilizing labor relations and ensuring the competitiveness of the enterprise (business). However, the need to ensure social cooperation in an organization is not recognized by all employers, who often profess an exclusively commanding style of communication, and representatives of workers who continue to act in the spirit of the class struggle. However, Russian society itself, which knew both the period of the suppression of capital, and the period administration from a single center, currently recognizes the priority of social dialogue in the workplace as the most expedient mechanism for making decisions regarding the rules for regulating relations in the field of hired labor.

The system of interaction between workers and employers in the field of labor management in Russian legislation received the name "social partnership".

The legal definition of social partnership is given in the Labor Code.

Social partnership- a system of relationships between employees (employees 'representatives), employers (employers' representatives), state authorities, 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 (Article 23 of the Labor Code) ...

At the same time, it is stipulated that public authorities and local self-government bodies are parties to social partnership in those cases when they act as employers or their representatives authorized by legislation or employers, as well as in other cases stipulated by federal laws.

Let us analyze this definition in conjunction with scientific definitions of the concept of "social partnership", of which we will cite only a small part.

Thus, A. M. Kurennoy noted that "social partnership is not a system of bodies formed out of the box with the help of normative acts, but the principle of building relationships in the world of work between real social partners in search of appropriate solutions that promote social justice."

AA Kryzhanovskaya defines social partnership as "a method for solving socio-economic problems and regulating labor relations on the basis of mutual negotiations between workers and employers with the participation and mediation of the state."

The position of G. Yu. Semigin, who singles out two aspects of social partnership, seems to be interesting. From a general social point of view, he considers social partnership as a system of relations between various social subjects, which are focused on the primary achievement of national interests, without prejudice to group and corporate interests, i.e. considering them. Considering the structure of social partnership, he will define it as a set of bodies and organizations created from representatives of employees, employers and the state to regulate mainly social and labor relations.

According to M.V. Lushnikova and A.M. Lushnikov, social partnership is a system of cooperation based on cooperation between workers, employers and the state to ensure social stability, expressed in mutual consultations, negotiations, achievement and conclusion of collective agreements and agreements by the parties, making joint decisions.

AF Nurtdinova notes that social partnership is, on the one hand, a system of cooperation between workers and employers, and on the other, an ideology of such cooperation.

Finally, E. M. Strizh defines social partnership as a way of organizing joint activities to protect, harmonize and create a balance of opposing interests of employees and entrepreneurs, which is achieved mainly through negotiations and reaching a compromise with the regulatory role of the state, as well as a process to prevent and resolve emerging in this regard, conflicts in the social and labor sphere.

As we can see, the scientific definitions of social partnership quite significantly differ from its legal definition, which is based on the idea of the phenomenon under consideration as a system of relationships between workers and their representatives, employers and their representatives, state authorities, local governments, aimed at ensuring coordination interests of employees and employers. At the same time, any relationship between employees and employers is ultimately aimed at harmonizing their interests or their implementation. So, concluding labor contract, the employee and the employer coordinate their interests, but no one characterizes these relations as social partnerships. At the same time, when exercising control over the implementation of a collective agreement, the parties to this agreement do not agree on their interests, but the relations that arise between them are considered as an element of social partnership.

The legal definition of social partnership speaks of the relationship between the parties on the regulation of labor relations and other relations directly related to them, which directly correlates with Art. 1 of the Labor Code, which defines the range of social relations regulated by labor legislation. At the same time, the legal definitions of the concepts "collective agreement" and "agreement" (Articles 40, 45 of the Labor Code) are used as social relations regulated by these legal acts of social partnership "social and labor relations" and "associated economic relations", the definition which are absent in the legislation.

In general, scientific definitions of the concept of "social and labor relations" differ little from each other.

So, I.I. Andrianovskaya defines social and labor relations as relations associated with the use (use) by the employer of the professional, intellectual and other abilities of the employee, considering them as a generalized concept associated with the use of labor of any employee, regardless of forms of ownership and forms economic activity... She also calls these relations social-labor relations and believes that it is advisable to consider them broadly - as any relations that develop in the process of using labor. Accordingly, the term "social and labor relations" in the semantic sense has a broader meaning than the term "labor relations", reflecting the entire set of relations associated with the use of workers' labor.

IV Chernyshova considers social and labor relations as social relations that arise in the production and distribution of goods, the provision of services, the performance of work in the process of non-personal, contractual, hired labor, subordinate to the employer.

According to V.M. Lebedev, social and labor relations are social relations of workers (his representatives) with the employer (his representatives) and other subjects of labor law for hiring and productive, reimbursable, safe use work force to achieve the goals that are formulated by the owner of the means of production for their business. He believes that this concept can be used as a generic concept that unites all social relations regulated by labor law.

At the same time, V.A.Vasiliev barks a narrower definition of social and labor relations - these are those related to labor relations between employees (employees 'representatives), employers (employers' representatives) or between them and state authorities, local governments to ensure mutual rights and responsibilities, meeting the material, cultural, household needs of workers in accordance with the potential, level of economic development of the organization, industry, constituent entity of the Russian Federation, society.

Specialists in the field of labor economics consider the relations between people under social and labor relations, which are formed in connection with and about: the organization and productivity of labor (labor activity); the place and role of a person in production, receiving labor remuneration, appropriating profits and income from property; reproduction of labor (its formation, distribution, use); quality of working life and social security. As part of social and labor relations, they distinguish two large groups: labor relations, which are formed directly in connection with labor activity, and social relations conditioned by labor activity (relations regarding employment, unemployment, the formation of the labor force ... pension and other social security, the level and quality of life, etc.).

Summing up the positions of scientists who considered the range of social relations to be agreed upon in the course of social partnership between workers and employers, it should be noted that the scientific and legislative differences between the concepts of "labor relations and other directly related relations" and "social and labor relations" practically does not exist, therefore one should agree with N.I. Diveeva, who stated the practical impossibility of distinguishing between these concepts, which does not exclude a reproach against the legislator, who should have used a single terminology.

In general, as we can see, the scientific definitions of social partnership are very diverse. On the one hand, it is viewed as a way of regulating relations in the world of work, and on the other hand, it is studied as social system specific society.

It should be noted that social partnership is not an end in itself. First of all, it is a tool, the use of which in the course of a dialogue between employers and trade unions allows choosing the most acceptable from the economic and social points of view from the whole variety of possibilities.

At the same time, social partnership acts as an institution social policy, with the help of which the social functions of the state are implemented and class world and calmness in the country. From these positions, social partnership is the only possible alternative to the class struggle and forceful methods of resolving the conflict between labor and capital.

A significant specific feature of the formation of social partnership relations in the Russian Federation at the present stage is their formation in conditions of refusal to centralize the regulation of labor relations. The weakening of state interference in labor relations, the formation of a sector of the economy independent of state bodies significantly increases the role of local regulation, within which contractual forms of establishing the rights and obligations of participants in the labor process are of decisive importance.

Eventually social partnership can be defined as a way of regulating social and labor relations between employees (their representatives) and employers (their representatives), based on mutual consideration of the interests of each of the parties, respect for these interests and rejection of forceful methods of interaction.

At the same time, it is necessary to note the conventionality of the definition of this phenomenon precisely as a partnership.

So, partnership is usually understood as a kind of joint activity of subjects that are not connected by relations of power - subordination. Usually, it is customary to talk about partnership in relation to the sphere of commercial turnover (in the civil sphere) or interstate relations (in the international legal sphere), in which it manifests itself fully as joint actions of partners, the purpose of which is to achieve the maximum benefits of both. Partners in relations with third parties act as a single whole, united by common aspirations, which can be realized precisely in relationships with third parties. Naturally, in relation to the relationship between workers and employers, talk about unity common goal not necessary. In addition, the primary subjects of the labor market - workers and employers - are not equal, but are in a power-subordination relationship with each other. By virtue of this alone, there is no need to talk about partnerships between them.

Social partnership as a whole is designed to harmonize as much as possible the mutual interests of subjects of labor law, and the interaction of partners is directed, figuratively speaking, not to a third party, but to each other.

Therefore, it would be more correct in this case to talk not about social partnership, but about social cooperation or social dialogue. At the same time, in this we enter the path of a dispute exclusively about the terms, and not about the essence of this phenomenon. The term "social partnership" has been used in Russian legislation for more than 20 years, and its replacement by another, even more suitable for its description, seems to us unjustified, since this can only generate unnecessary discussions, and not only scientific, but also practical. , which can only harm the real dialogue between the subjects of social partnership.

It might be helpful to read: