Protection of labor rights and legitimate interests of employees by professional unions and self-defense by workers of labor rights. Main ways to protect the labor rights and legitimate interests of workers Protection of the rights and legitimate interests of employees

Judicial protection.

For self-defense purposes

on refusal to accept work;

to court

Supervision and monitoring of observance of labor legislation.

Supervision and monitoring of observance of labor legislation is the types of protective activities of state bodies and public organizations aimed at ensuring the labor rights of citizens and to prevent violations of labor legislation.

Supervision is the activities of state bodies to ensure accurate, steady and uniform execution of laws.

Control - checking the compliance of the activities of the employer by regulatory instructions. The difference between supervisory and control activities is carried out on the competence and functions of control and supervisory authorities as well as on the methods of work and the implementation of the prescriptions of supervisory and control bodies.

Differences:

Supervision - the activities of government agencies on the execution of accurate strict execution of laws, and control is an integral part of management activities, the essence of which is to verify the compliance of the activities of controlled objects at enterprises, NPA regulations, adjustment and applying sanctions to the perpetrators.

Protection of labor rights of employees by professional unions.

Trade union - Voluntary public association of citizens associated with common industrial, professional interests by the nature of their activities, created for the purpose of representation and the protection of their socio-labor rights and interests.

Trade unions are independent in their activities from the executive bodies, local government, employers, their associations, political parties and other public associations, are not necessary and unconnected.

The main function of trade unions is to defense and is implemented in four organizational and legal forms: the participation of trade unions in the relations of social partnership; participation in the application of established working conditions in the organization; participation in the resolution of labor disputes; Implementation of trade union control over compliance with labor legislation.

Trade unions have the right to monitor the observance by employers and their representatives of labor legislation and other regulatory legal acts containing labor law. In this regard, employers are obliged within a week after receipt of the requirement to eliminate the identified violations to inform the relevant body of the trade union organization about the results of the consideration of this "Requirements and measures taken.

Trade union labor inspectors have the right:

Unhindered to attend organizations regardless of their organizational and legal forms and forms of ownership, in which members of this professional union or trade unions are working in the association;

Conduct an independent examination of working conditions and ensuring the safety of employees of the organization;

Protect the rights and interests of the members of the Professional Union on the issues of compensation for harm caused by their health care;

Carry out verification of the condition of the conditions and labor protection, the fulfillment of the obligations of employers stipulated by collective agreements and agreements;

Take part in the work of commissions on testing and operation of production facilities and means of production as independent experts;

Take part in the investigation of accidents at the production and occupational diseases.

Trade unions in carrying out their powers interact with government supervisory authorities and monitoring the observance of labor legislation. Authorized persons on the labor protection of trade unions have the right to freely check in organizations compliance with labor protection requirements and make mandatory proposals for consideration by proposals for the elimination of violations of labor protection requirements.

Education and competence of labor disputes commissions (CCC).

Article 384.. Education of labor disputes commissions.

Commission on labor disputes are formed on the initiative of employees and (or) of the employer (organization, individual entrepreneur) from an equal number of representatives of employees and employer. The employer and the representative body of workers who received a proposal in writing on the establishment of a labor dispute commission, are obliged to send their representatives to the Commission (part first as amended by the Federal Law of June 30, 2006 N 90-FZ).

Representatives of the employer in the labor dispute committee are appointed by the head of the organization, the employer is an individual entrepreneur. Representatives of employees in the labor dispute commission are elected by the General Assembly (conference) of employees or are delegated to the representative body of workers with the subsequent approval at the General Meeting (Conference) of employees (part second as amended by the Federal Law of 30.06.2006 N 90-FZ).

By decision of the General Meeting of Employees, the Commission on Labor Disputes can be formed in the structural divisions of the organization. These commissions are formed and operate on the same grounds as the Commission on Labor disputes of the Organization. In commissions on labor disputes of structural divisions of organizations, individual labor disputes can be considered within the authority of these units.

The labor dispute committee has its own printing. Organizational and technical support of the activities of the Commission on Labor Disputes is carried out by the employer.

The Labor Dispute Commission elects the Chairman, Deputy Chairman and Secretary of the Commission.

Article 385.. Competence of the Commission on Labor Disputes.

The Labor Dispute Commission is a body for the consideration of individual labor disputes, with the exception of disputes under which this Codex and other federal laws have established another procedure for their consideration.

An individual employment dispute is considered by the Commission on Labor Disputes, if the employee independently or with the participation of his representative has not resolved disagreements with direct negotiations with the employer.

The main ways to protect the labor rights and legitimate interests of employees.

Everyone has the right to protect their labor rights and freedoms by all means not prohibited by law.

The main ways to protect labor rights and freedoms are: (ST352TK)

Self-defense workers of labor rights;

Protection of labor rights and legitimate interests of employees by professional unions;

State control (supervision) for compliance with labor legislation and other regulatory legal acts containing labor law norms;

Judicial protection.

For self-defense purposes Labor Rights The employee may refuse to fulfill the work not provided for by the employment contract, as well as directly threatening his life and health. At the time of refusal of this work, the employee remains all rights provided for by labor legislation and other acts containing labor law norms.

In the event of a delay in the payment of wages for more than 15 days, the employee has the right to suspend work for the entire period before the payment of the detainee. It must be borne in mind that the employee is obliged to inform the employer or his immediate supervisor to refuse to perform work or the suspension of work.

The suspension of work is not allowed: during periods of administering military, emergency or special measures in accordance with the legislation on the state of emergency; in organs and organizations on emergency, prospecting and rescue, fire fighting, work on the prevention or elimination of natural disasters and emergency situations in law enforcement agencies; civil servants; in organizations directly serving especially hazardous types of production, equipment;

In accordance with Art. 380 Labor Code of the Russian Federation Employer, representatives of the employer do not have the right to impede employees in the implementation of labor rights self-defense.

To protect their labor rights and legitimate interests, permits of individual labor disputes Employees have the right to apply to trade unions (if available) and in the State Labor Inspectorate.

on the restoration at work, regardless of the foundations of the termination of the employment contract; about changing the date and the wording of the cause of dismissal;

on refusal to accept work;

on unlawful actions (inaction) of the employer in the processing and protection of personal data of the employee, etc.

In accordance with Article 392 of the Labor Code of Russia, the employee has the right to apply to court For three months from the day, when he learned or should have learn about violating his right, and on disputes about dismissal - within one month from the date of the presentation of him a copy of the order of dismissal or from the day of the employment record.

The term of appeal to court, missed for good reasons, can be restored by the court. However, in the absence of valid reasons, the skipping time of appeal to court is the basis for refusing to satisfy the claims of the employee. The statement of the employee to the court for labor disputes is not subject to state duty.

Thirdly, the protection of rights, freedoms and legitimate interests is considered as a combination of legal means aimed at preventing offenses, restoring violated rights, eliminating obstacles in the implementation of individuals by their rights and freedoms.

In general, the protection of the right is to be considered in direct communication with the offense (non-fulfillment of legal obligation), the abuse of the right, an obstacle to its implementation. In the absence of a violation of the right there is no place for its protection. However, the analysis of the legal norms provided for by TC, operating in a certain relationship with each other, suggests that there is every reason to determine it in a broader sense - as the protection of law. Indeed, the entire arsenal of legal funds is directed not only to protect the labor rights of workers (if they are disturbed). They are subject to use, including in order to prevent offense, ensure the implementation of rights, freedoms and legitimate interests. The presence of various approaches to the definition of the concept under consideration suggests that the category "Protection of labor rights of workers" is a multidimensional phenomenon, multidimensional.

It should be noted that Russian legislation uses two legal terms: "Protection of the right" and "right to defense", the concepts of which differ in both the content and volume. According to paragraph 1 of Art. 45 of the Constitution of the Russian Federation, everyone guarantees the state protection of human rights and freedoms and citizen in the Russian Federation, including the right to work. In accordance with paragraph 2 of Art. 45 of the Constitution of the Russian Federation everyone has the right to defend its rights and freedoms by all means, not prohibited by law.

Provisions of Art. 30 The Constitution of the Russian Federation establishes the right of everyone to the union, including the right to create trade unions to protect their interests.

Providing the rights of employees and employers to the union to protect their rights and interests, including the right of workers to create professional alliances and join them, is one of the basic principles of labor law (Art. 2 of the TC). At the same time, the Constitution of the Russian Federation guarantees the right to defense. At the same time, by virtue of Art. 2 TC One of the basic principles of labor law is proclaimed to ensure the right of everyone to protect the state of his labor rights and freedoms, including judicial protection.

Protection of labor rights of employees is carried out by means of established Art. 352 TC methods that are aimed at preventing the prevention of violations of labor legislation, restoring violated rights and (or) compensation, including when to restore the violated right is not possible.

Consequently, the protection of the labor rights of employees is a combination of methods to be applied in the forms established by law (in order), which are aimed at preventing disruption of labor legislation, restoring violated rights and (or) compensation.

In contrast to the protection of the right to defense, there is nothing but a subjective right, the right of everyone to protect their rights by all non-prohibited by law by means. Its implementation depends on the will of the controlled person (the person who owns is right), since it implies a measure of possible behavior on the protection of the rights provided for by labor legislation. With subjective right, the legal responsibility of the obligatory person to carry out activities to prevent, curb, eliminate the offense, restoring violated law (compensation in other ways of harm caused by the offenssment).

Thus, the implementation of the subjective right to protection is provided with legal means, it, like any other subjective law, is guaranteed by the state and is subject to protection in the event of its violation.

For example, the realization of the employee of the right to timely and fully pay the payment of wages is provided with the legal obligation of the employer to pay wages on time and amount established in accordance with the TC collective agreement, local acts of the employer, employment contract. In case of violation (inappropriate execution), the employer of its responsibilities is entitled to apply any protection methods that are not prohibited by law, that is, to implement its right to defense. The implementation of the right to protect the violated right to pay for labor is provided by the presence of certain legal resources that are not only stimulating the performance by the employer of their duties, but also allowing to restore the violated right. So, the employee has the right to suspend work in compliance with the rules provided for by Art. 142 TC, providing a certain impact on the employer, which ensures in some cases the execution by the employer of its duties before the employee. In accordance with Art. 352 TC Employee is entitled to apply for the protection of violated right to the trade union, to the State Labor Inspectorate, to court, which, within its powers, have the opportunity to oblige the employer to fulfill legal responsibilities, affect it, including to apply the cardinal reaction tools. For example, supervisory and judicial authorities have the right to directly restore the violated right, compensate for the harm caused to the employee as a result of the violation of its subjective law.

Thus, under the ways of protecting the rights, freedoms and legitimate interests of employees, legal means are understood, the use of which is aimed at preventing, preventing offenses, restoring violated rights and (or) compensation for the other way of harm caused by the offenses.

Three types of protection of subjective rights, freedoms and legitimate interests are known: judicial, pre-trial and extrajudicial. As seen from their name, judicial protection is applied exclusively by the bodies of the judiciary. Pre-trial and extrajudicial protection is carried out in a different way (without the participation of ships). At the same time, pre-trial protection precedes (may precede as an alternative) judicial protection. For example, the pre-trial protection of the rights of the employee is carried out by commissions on labor disputes due to the fact that it takes place only before appealing for judicial protection. After consideration by the case, the Court of Labor Disputes Commission is not entitled to carry out its activities. Extrajudicial protection, in contrast to protecting the pre-trial, may take place before the process, and in the process of improving judicial protection, and at the end of the court activities aimed at protecting violated law. For example, mediation can be attributed to the number of extrajudicial protection of violated law, the procedure for the implementation of which is established by the Federal Law of July 27, 2010 No. 193-FZ (Ed. Dated July 23, 2013) "On an alternative procedure for resolving disputes with the participation of an intermediary (mediation procedure ) ".

As a rule, the protection of rights, freedoms and legitimate interests is ensured by the activities of controlled subjects. In this sense, protection is defined as "the proalted activities carried out in accordance with the procedure established by the legislation by the employee (directly or through its representatives) and authorized by the authorities, which is expressed in the application of legal agents to the employer, which assigns duties assigned to it and (or) performing actions, preventing the normal realization of the rights of workers. "

In the course of the defense of subjective rights, freedoms and legitimate interests, legal relations arise, one of the subjects of which, as a rule, is the authorized (competent) authority (the exception is self-defense).

In addition, the subject of supervision is also a compliance with the laws of legal acts issued by the above-mentioned bodies and officials. Thus, the prosecutor's office supervises including the activities of the supervisory authorities of state power, thus ensuring the legality in this area and the realization of rights, including the right to protect controlled (supervised) subjects.

By the number of federal executive bodies, authorized to carry out control (supervision) in the application of wage labor, two groups of bodies designed to carry out supervision of:

• safe leading in individual areas of activity;
• compliance with labor legislation.

Among them, the Federal Service for Environmental, Technological and Atomic Supervision, operating in accordance with the Decree of the Government of the Russian Federation of July 30, 2004 No. 401 (as amended on January 17, 2015), "On the Federal Service for Environmental, Technological and Atomic Supervision "(hereinafter - Resolution No. 401). It is designed to implement the state supervision of compliance with the requirements for the safe conduct of work on hazardous production facilities and the Federal State Energy Supervision.

This service is at the same time:

• an authorized body control body when using atomic energy (by the federal state supervisory authority in the field of use of atomic energy);
• authorized body in the field of industrial safety (by the federal state supervisory authority in the field of industrial safety);
• state Mining Supervision Organ
• body of the federal state energy supervision and body of the Federal State Construction Supervision.

Its functions include monitoring and supervision for:

• compliance with the norms and rules in the field of use of atomic energy, the conditions of permits (licenses) for the right to work in the field of use of atomic energy;
• nuclear, radiation, technical and fire safety (at the objects of use of atomic energy);
• physical protection of nuclear installations, radiation sources, storage points of nuclear materials and radioactive substances, for systems of unified state accounting and control of nuclear materials, radioactive substances, radioactive waste;
• compliance with the requirements of industrial safety in the design, construction, operation, conservation and liquidation of hazardous production facilities, manufacturing, installation, commissioning, maintenance and repair of technical devices used on hazardous production facilities, transportation of hazardous substances in hazardous production facilities;
• compliance with safety requirements in the electric power industry;
• safe leading of work related to the use of subsoil;
• compliance with the requirements of fire safety on underground objects and when conducting explosive work;
• compliance with the obligatory requirements of legal entities, their leaders and other officials, individual entrepreneurs, their authorized representatives carrying out the operational, overhaul, conservation and liquidation of hydraulic structures (with the exception of shipping and port hydraulic structures);
• carrying out a mandatory energy survey within the prescribed period.

Along with this, it carries out certain functions that are related to the control of the relationship in the workplace in this industry.

The Federal Service for Environmental, Technological and Nuclear Supervision is carried out in accordance with the legislation of the Russian Federation, licensing activities in the field of use of atomic energy issues permits for the right to work in the field of use of atomic energy to employees of atomic energy use facilities, commissioning of supervised hydraulic structures, for access to operation power receiving devices of electrical energy consumers, electrical energy facilities, as well as electrical equipment facilities belonging to network organizations and other persons (in cases provided for by the regulatory legal acts of the Russian Federation); sets the standards of maximum permissible emissions of radioactive substances into atmospheric air and the standards of permissible discharges of radioactive substances into water bodies; registers hazardous production facilities and leads the state register of such objects; conducts inspections (inspection) of compliance with legal entities and individuals the requirements of the legislation of the Russian Federation, regulatory legal acts, norms and rules in the established field of activity; Manages a unified state system for preventing and eliminating emergency situations, the activities of functional subsystems for controlling chemically hazardous and explosive objects, as well as for nuclear and radiation hazardous objects; registers of industrial safety declarations, imprisonment of industrial safety examination; Carries out other powers in the established field of activity.

It is impossible not to say about the federal state executive bodies designed to carry out by virtue of Art. 368 TC State supervision in compliance with employers of sanitary and hygienic and sanitary-anti-epidemiological norms and rules. These include the Federal Service for Supervision in the Protection of Consumer Rights and Human Welfare and its territorial bodies; Federal Medical and Biological Agency and Structural Units of the Ministry of Defense of the Russian Federation, Ministry of Internal Affairs of the Russian Federation, Federal Security Service of the Russian Federation, Federal Service for the Protection of the Russian Federation, the Federal Service for Drug Control of Drugs, the Federal Service for Punishments, the General Directorate of Special Programs President of the Russian Federation and the Office of the President of the Russian Federation, respectively, in the Armed Forces of the Russian Federation, other troops, military formations and bodies, at the objects of defense and defense production, security, internal affairs and other special purposes within their competence.

Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor), according to paragraph 1 of the Decree of the Government of the Russian Federation of June 30, 2004 No. 322 (Ed. Dated July 23, 2015) "On approval of the Regulations on the Federal Service for Supervision In the field of consumer protection and well-being of a person, "is the federal executive body that performs the functions of federal state sanitary and epidemiological supervision and federal state supervision in the field of consumer protection.

In order to implement the Federal State Sanitary and Epidemiological Supervision, Rospotrebnadzor is entitled to prevent the facts of violation of the legislation of the Russian Federation in the established field of activity, as well as to apply the measures provided for by the legislation of the Russian Federation, measures of restrictive, preventive and preventive nature, aimed at preventing and (or) eliminate impaired violations by legal entities and citizens of mandatory Requirements in the established field of activity.

All listed authorities are monitored (supervision) for compliance with the requirements for safe work in certain areas of activity.

The federal authority designed to supervise compliance with labor legislation and other regulatory legal acts containing labor law norms is the Federal Labor Inspection (Art. 354 of the TC). Along with it, the executive authorities of the constituent entities of the Russian Federation are created and operate, designed to exercise and control in the field of labor. In particular, the Department of Labor and Employment of the population of Moscow can be attributed to them (hereinafter - the Department), which is valid in accordance with the Regulation on the Department of Labor and Employment of the population of Moscow, approved by the Decree of the Government of Moscow of February 8, 2012 No. 33-PP (ed. Dated July 15, 2015). According to paragraph 4.4 of the given document, the Department oversees and controlling the use of persons with disabilities within the established quota with the right to conduct inspections, issuing mandatory for execution of prescriptions and drawing up protocols; registering people with disabilities as unemployed; ensuring state guarantees in promoting employment of the population, with the exception of state guarantees in the field of employment of the population in terms of social support for unemployed citizens.

Authorities authorized to implement departmental control over compliance with labor legislation and other regulatory legal acts containing the norms of labor law, in their jurisdiction of them, are federal executive bodies, the executive authorities of the constituent entities of the Russian Federation and local governments. So, in accordance with paragraph 2 of Art. 4 of the Law of the Russian Federation of July 14, 1992 No. 3297-1 "On Closed Administrative Territorial Education" (as amended on July 13, 2015), local self-government bodies of closed administrative and territorial education are monitored by sanitary-epidemiological, radiation and environmental condition Territories of closed administrative and territorial education.

At the same time, in accordance with paragraph 2 of Art. 17.1 of the Federal Law of October 6, 2003 No. 131-FZ (Ed. Dated June 29, 2015) "On the General Principles of Local Self-Government Organization in the Russian Federation" to relations related to the implementation of municipal control, organization and conduct of verification of legal entities, Individual entrepreneurs are applied the provisions of the Federal Law of December 26, 2008 No. 294-FZ (ed. dated July 21, 2015) "On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control."

Local governments are informed about the results of the inspections. They have the right to make proposals to the relevant state and military authorities on the conduct of inspection inspections on compliance with the special regime and ensure sufficient measures to protect the population of closed administrative-territorial education from the impact of radioactive and other materials representing increased danger.

Protection of the rights of workers by federal labor inspection

It should be noted that among the federal executive authorities, authorized to implement control and supervisory functions in the application of wage labor, the central place occupies a federal labor inspection, which is a single centralized system consisting of the federal executive body, which is the Federal Service for Labor and employment (Rostrud), and its territorial bodies (state labor inspections).

The management of the federal labor inspectorate is carried out by the head of the federal executive body authorized to conduct federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms - the chief state inspector of the Russian Federation, appointed and exempted from office by the Government of the Russian Federation.

The structure of Rostrud provides for two types of territorial bodies: to resolve collective labor disputes and under state supervision and monitoring of observance of labor legislation and labor protection, which has its subsystem, taking into account the current activities. Rostrud carries out its activities in accordance with the Regulations on the Federal Service for Labor and Employment, approved by the Decree of the Government of the Russian Federation of June 30, 2004 No. 324 (Ed. Dated April 11, 2015). Rostrud supervises and control in the field of labor, employment, alternative civil service, a special assessment of working conditions and social protection of the population and also performs functions for the provision of social guarantees established by the legislation of the Russian Federation for socially unprotected categories of citizens.

The Federal Service for Local and Employment acts directly and through its territorial bodies in cooperation with other federal executive bodies, the executive authorities of the constituent entities of the Russian Federation, local governments, public associations and other organizations.

Territorial bodies for state supervision and control consist of two divisions: legal related to supervision and monitoring of observance of labor legislation, and technical, health issues.

The main activity of the Federal Service for Labor and Employment is the implementation of state supervision and monitoring compliance with employers' labor legislation, established by the procedure for investigating and accounting for industrial accidents. Along with this, it carries out state supervision and control in other areas, in particular for the regulatory and legal regulation, carried out by state authorities of the constituent entities of the Russian Federation in terms of social payments to citizens recognized in the established manner of the unemployed; For the realization of the rights of workers to obtain security for compulsory social insurance against accidents in the production and occupational diseases, the appointment, calculation and payment of benefits for temporary disability at the expense of employers' funds. In addition, it registers the sectoral (intersectoral) agreements concluded at the federal level of social partnership, interregional agreements; Collective labor disputes arising from agreements concluded at the federal level of social partnerships, collective labor disputes in organizations funded from the federal budget, as well as collective labor disputes arising in cases where in accordance with the legislation of the Russian Federation in order to resolve the collective dispute to the strike Cannot be carried out.

Order of Rostrud dated June 26, 2013 No. 140 approved the list of officials of the Federal Service for Labor and Employment, authorized to draw up protocols on administrative offenses in the implementation of the functions for supervision and control in employment. The list of officials of the Federal Service for Labor and Employment and its territorial bodies for the state supervision and monitoring of compliance with labor legislation (state inspections of labor in the constituent entities of the Russian Federation) authorized to draw up protocols on administrative offenses, approved by order of Rostrud on April 10, 2006 No. 60.

Decisions made by state labor inspectors may be appealed to the relevant leader on subordination, the main state-owned labor inspector of the Russian Federation and (or) in court. The solutions of the Chief State Inspector of the Russian Federation of the Russian Federation may be appealed only in court (Art. 361 of the TC).

The procedure for conducting inspections by officials of the federal labor inspection is determined by the regulatory legal acts of various legal force. Among them, international legal acts should be allocated, for example, a ratified ILO Convention No. 81 "On Labor Inspectorate in Industry and Trade" (1947) and the Protocol to It 1995 G.215, in accordance with which Russia has committed itself to create state labor inspections providing Compliance with labor legislation and labor protection at all production facilities. Among the regulatory legal acts adopted at the federal level should, first of all, it should be noted the Labor Code of the Russian Federation and the COAP of the Russian Federation, which contains the norms regulating the procedure for the initiation and consideration of cases of an administrative offense in the field of labor. Along with them, federal laws of December 26, 2008 are played a huge role (ed. Dated July 21, 2015) "On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control" and from December 28, 2013 No. 426-FZ (ed. July 13, 2015) "On a special assessment of working conditions." Along with this, when conducting measures to monitor control (supervision), the state labor inspectorate, its officials are obliged to be guided by a number of subtitle acts, among which it is possible, for example, to name the Administrative Regulations for the Federal Service for Labor and Employment of the State Function on the Implementation of the Federal State Supervision for Compliance with labor legislation and other regulatory legal acts containing the norms of labor law approved by the Order of the Ministry of Labor of Russia of October 30, 2012 No. 354n. The specified document provides for the overall procedure for planning supervisory and control measures, organizing and conducting planned and unscheduled inspections of compliance with employers of mandatory requirements, as well as the procedure and forms of control over the execution of the state function.

Considerable importance in the activities of the State Labor Inspection have recommendations developed by Rostrud. For example, methodical recommendations on the use of Rostrud's officials and its territorial bodies of the provisions of the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control" 216 contain quite serious Directions of the State Labor Inspection, as well as certain techniques for conducting inspections.

In connection with the introduction of the law "On a special assessment of working conditions", approved by order of Rostrud dated June 2, 2014 No. 199 recommendations on the organization and conduct of inspections of compliance with the requirements of the Federal Law of December 28, 2013 No. 426-FZ "On a special assessment of conditions labor "by organizations authorized to conduct a special assessment of working conditions that the basic requirements for conducting departures and documentary inspections are determined taking into account the provisions provided for by the methodology for conducting a special assessment of working conditions approved by the Order of the Ministry of Labor of Russia dated January 24, 2014 No. 33N (Ed. from January 20, 2015).

Checks conducted by the State Labor Inspection In order to implement the state supervision, there are two species: planned and unscheduled.

The planned inspections are carried out in accordance with the approved state control authorities (supervision), the bodies of municipal control in accordance with their permissions by the annual plan. Annual plans are developed, approved and posted on the Internet in compliance with the rules of preparation by state control authorities (supervision) and the bodies of the municipal control of annual plans for scheduled inspections of legal entities and individual entrepreneurs approved by the Decree of the Government of the Russian Federation of June 30, 2010 No. 489 (ed. dated December 27, 2012).

The basis for the planned audit in accordance with paragraph 2 of the procedure for the formation by the prosecutor's office of the annual consolidated plan for conducting planned audits of legal entities and individual entrepreneurs is the expiration of three years from the day of state registration of a legal entity, an individual entrepreneur; completion of the final planned audit of a legal entity, an individual entrepreneur; The implementation of the legal entity, an individual entrepreneur entrepreneurial activity in accordance with the notice of the beginning of the implementation of certain types of entrepreneurial activities in cases established by law.

The basis of the expiration of an unscheduled inspection is the expiration of the employer of the issued prescription on the elimination of the revealed offense or entering the Federal labor inspectorate, the statements of citizens, information from state-owned authorities, carrying out state control (supervision), trade unions, from the media about the facts of violations by employers Requirements of labor legislation.

Appeal or statement of the employee about the employer of his labor rights, as well as the request of the employee to verify the conditions and protection of labor at its workplace in accordance with Art. 219 TCs also serve as a basis for an unscheduled verification. An independent basis for holding an unscheduled inspection may be an order (order) of the head (deputy head) of the Federal Labor Inspection on conducting an unscheduled verification. Such an order can be issued in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation or on the basis of the requirement of the prosecutor. As a general rule, the audit is carried out in coordination with the prosecution authorities and with a preliminary notice of this person in respect of which the verification is carried out.

The exceptions make up cases of unscheduled on-site inspection on the basis of the appeal or application of an employee about the violation by the employer of his labor rights, as well as in the case of obtaining information on the facts of violation by employers the requirements of labor legislation, including labor protection requirements, which caused the occurrence of the threat of causing the harm and health of workers . In these cases, the preliminary notification of the employer to carry out the unscheduled, specified is not allowed. At the same time, coordination with the prosecution authorities is not required. In this case, they are subject to notice in the prescribed manner.

The criterion for assessing the legitimacy of the behavior of an employee carrying out self-defense can be the presence of three conditions at the same time, such as:

• committing an employer of illegal behavior;
• the ability to refuse to perform work in the case of an employer of illegal behavior;
• compliance with the procedure for implementing self-defense.

One of the challenging agents of the application of self-defense is an assessment of the employer's behavior, since the refusal to perform work can be used only in the event of an unlawful behavior of the employer. Explaining the legitimacy of the employee's refusal from work, the Supreme Court of the Russian Federation notes that in some cases such behavior can be considered illegal, for example, the refusal to perform work in its translation to another work, perfect in compliance with the law. In this case, the refusal is recognized as a violation of labor discipline, and the nebid to work - a skip.

In addition, it is not always an offense made by the employer, can serve as an independent basis for an employee of self-defense. The fact of violation by the employer's requirements of labor legislation (local regulatory acts, the conditions of the collective agreement, the employment contract) does not allow the employee to apply self-defense. He has the right to refuse to work only in cases provided for by TC and other federal laws. For example, an employee who at one time was attracted to work on a day off is not entitled to use an extra holiday time (oculov). Similarly, self-departing care of the employee on vacation (main, additional), including in the conditions of violation by the employer of labor law standards (for example, the lack of vacation schedule in the organization), according to the Supreme Court of the Russian Federation, is a skill (equal to the absence of the lack of in the workplace without Good reasons).

Thus, in the situations under consideration, it is unacceptable to refuse to perform work, since the cases of the use of self-defense law are not defined.

In accordance with Art. 379 TC worker has the right to refuse to perform work in two cases:

1. when such work is not provided for by the employment contract;
2. if it directly threatens his life and health.

Exceptions from this rule may be provided for by TC and other federal laws.

In the first case, self-defense may occur when the employer requires an employee of the execution of work, which is not provided for by the employment contract, nor the job instruction with which the employee is familiar with the prescribed manner (if the employee's labor function is provided for by the employment contract in the form of references to the job description ). The problem of the use of self-defense in the situation under consideration is reduced to two moments. First, in the absence of legal definition of the concept of "labor function" there was a contradictory practice of applying the judicial authorities of labor legislation. They unequally determine its concept. It does not allow employees to resort to the use of this method of protection, without being fully confident in the same assessment of the situation by the courts of general jurisdiction. Secondly, employees do not always take into account cases of exclusion from the Rules, when the employer has the right to entrust the employee to fulfill the work that is not due to the employment contract, when the refusal to perform work is invalid and is a disciplinary misconductor (an offense allowed by an employee). For example, an order by the employer to an employee of work, not caused by the employment contract, due to its temporary transfer to another job (when such a translation is allowed without the consent of the employee) is legitimate. At the same time, the refusal of the employee from its execution is admissible and is legitimate, if such work is contraindicated to him for health.

Similarly, the translation of the employee who has the right to use self-defense, when an employee, for example, was transferred to work with harmful and (or) hazardous working conditions, which is not provided for by its employment contract, is not allowed. Failure to employee from temporary translation in accordance with Art. 72.2 TC for these reasons is legitimate and reasonable.

In the second case (work directly threatens life or health) self-defense may occur when an employee is guaranteed to provide work in safe working conditions that are not related to the implementation of special types of activities associated with professional risks, or work is contraindicated to him for health. So, according to Part 1 of Art. 219 TC, the worker acts legitimately, refusing to perform work in the event of a danger to his life and health due to violation of labor protection requirements, until eliminating such a danger. By virtue of Part 7 of Art. 220 TC employee behavior, which refuses to perform heavy work and work with harmful and (or) hazardous working conditions not provided for by the employment contract, is legal.

On the contrary, it is impossible to recognize a legitimate refusal of the employee from the performance of work, which directly threatens his life and health if the employment contract is concluded about the work, the execution of which is directly related to the danger to life and health. For example, by virtue of paragraph 2 of Art. 9 of the Federal Law of July 21, 1997 No. 116-FZ (ed. July 13, 2015) "On the industrial safety of hazardous production facilities" workers of a dangerous production facility are obliged to participate in the established procedure to participate in the location of the accident on a dangerous production facility . In this situation, there is an exception to the rules stipulated by law. The worker is accepted for work, the execution of which is directly related to the threat to life, his duty is to fulfill the work related to the threat of life and health. In this regard, he is not entitled to use such a way of protection as self-defense.

Position of art. 379 TCs provide a notification procedure for self-defense. The employee is obliged to inform the employer in writing, his immediate leader either another representative of the employer about the intention to apply self-defense in connection with the violation of its right. Failure to comply with the order (forms) of protection serves as the basis for recognizing the unlawful behavior of the employee.

Summing up a certain result, it can be argued that the method of self-defense is a coordinvalous refusal of the employee from the implementation of work in the manner prescribed by law in cases provided for by law.

The TC contains a lot of standards providing the employee the right to refuse to fulfill the work. However, not every case of a possible refusal to perform work can be attributed to a method for protecting violated rights (self-defense).

So, according to Part 2 of Art. 259 TC, women who have children under the age of three may be sent to office business trips, brought to overtime work, work at night, weekends and non-working holidays only with their written consent, if such work is not contraindicated by health . In the sense of this provision, these employees have the right to refuse to perform work, which they should be familiarized in writing by the employer. Such a refusal is not a disciplinary offense, in connection with which these employees cannot be involved in disciplinary responsibility.

The rejection of work at night is legitimate and in the case when only part of the night time was spent on its execution. Despite the legality of the behavior, expressed in refusing to perform work, it is not a way to protect the right. This is a guarantee of the employee's right to work in the conditions established by law. This norm enshrines the guarantees of the rights of individual categories of workers in the direction of business trips, attracting overtime, work at night, weekends and non-working holidays.

In the educational literature, the view is found according to which one of the forms of self-defense is considered as provided for by Part 2 of Art. 142 TC Employee's right to suspend work for the entire period before the payment of the detainee amount, provided that the delay period of wage payments exceeded 15 days. The same way

The Constitutional Court of the Russian Federation considers the suspension of work in this case by suspending work for the entire period before the payment of the detainee the sum of self-defense of this right.

This method also represents the inaction of the employee. The TC provides for the order (shape) of self-defense. Thus, the law provides that in the situation under consideration, the employee is obliged to inform about his intention to suspend work in writing. The exception is the cases provided for by Art. 142 TC, when the suspension of work is not allowed. However, in contrast to the refusal to fulfill work in cases established by law (without limitation, a period of suspension of work is limited by the period of non-payment by the employer's salary. In addition, the implementation of the employee of self-defense is ensured by the preservation of all the rights under it, provided for by labor legislation and other acts containing the norms of labor law. At the same time, the suspension does not guarantee the employee of salaries for the entire period (up to the payment of wages), but the place of work is preserved.

Moreover, the suspension of the worker of work does not entail an unconditional restoration of his violated payroll, does not ensure the suppression of the offense. In this regard, it is unlikely to recognize this behavior of self-defense, under which the independent behavior of the employee is understood, aimed at ensuring the right to defend the subjective right to pay for labor. In this case, the recognition of such behavior is represented by the method of protection, under which the forced implementation of the right to defense in case of violation of its subjective law is understood.

It should be noted that the norm, providing for the right to suspend work in these cases, is referred to as the employer's responsibility for violating the timing of wages and other amounts due to the employee. " Consequently, the legislator does not recognize the suspension of the work by a type of self-defense. Under legal responsibility it is understood as the onset of negative consequences for a person guilty of violation of rights, freedoms and legitimate interests. Consequently, the behavior of the employee must ensure the employer negative consequences.

However, the law does not provide for the salary worker for the entire period of the suspension of work.

Thesis

Protection of labor rights and legitimate workers' interests by professional unions

Introduction

The highest value of the state is a person, his rights and freedoms. Recognition, observance and protection of human rights and freedoms and citizen - the duty of the state. These fastened st. The 2 Constitutions of Russia provisions lie and at the heart of the XIII Labor Code section.

Protection of labor rights of workers is to ensure the observance of labor rights, the restoration of illegally violated rights and the establishment of labor legislation and the actions of the relevant authorities for the real effective liability of employers and their representatives (administration) for violation of labor legislation, its failure to fulfill, that is, for violation of labor rights of employees . In this narrow sense, protection is regulated by section XIII of the Labor Code.

Protection of labor rights of citizens of the Russian Federation is one of the main functions of the Russian state.

The independence of trade unions is unusually important for the socio-economic development of a democratic society, the development of social and labor relations and deepening the processes of social partnership.

The relevance of the chosen topic is due to the fact that the protection of the labor rights of employees is due to changes in the socio-economic structure of the country and related to this reform of labor legislation. With the transition to market relations, the number of violations of labor rights of workers has increased. At the same time, the construction of a legal social state is impossible without improving the legal guarantees of the work of labor rights of workers and the forms of their protection.

The practical significance of the study lies in the fact that the results of the study, theoretical conclusions can be used in the process of current normation; In the process of law enforcement practice of progorganov.

The objectives of the study are: consideration of the functions of trade unions, their legal status in the field of labor in terms of protecting labor rights of employees; Legal analysis of trade union activities in this area, as well as legislation in terms of the need for its improvement to enhance the protection of trade unions of labor rights of workers.

Study of the forms of protection of trade unions of the socio-economic rights of workers;

Consideration of the forms of implementing the protective function of trade unions;

Analysis, determination of the most common employment offenses, the development of the legal mechanism to eliminate them, prevention;

Development of proposals for improving current legislation to enhance the protection of workers' labor rights by trade unions.

The subject of the study is the legal regulation of trade union activities to protect the labor rights of employees.

To formulate scientific concepts and proposals for improving the current legislation, a technical and legal method was used. The most used functional method, which allows you to deeper the concept of trade unions, consider their historical purpose and role in the life of society, to reveal the content of their activities to protect the labor rights of workers.

The regulatory legal framework of this study amounted to the Constitution of the Russian Federation, the Convention and the recommendations of the International Labor Organization, Russian legislation, the legislation of the subjects of the Russian Federation, regulatory regulations.

The structure of the work consists of an introduction, three chapters uniting eight paragraphs, conclusions and a list of used literature.

1. Legal problems of protecting trade unions of labor rights and legitimate interests of employees

1 The concept and determination of the protection of labor rights of employees

The state is a power and political organization who has sovereignty, a special management and coercion apparatus and establishing legal procedure in a certain territory.

The rights and freedoms of the person are the highest value of any state. Since the duties of the state lies the recognition of a person, the observance and protection of his rights and freedoms. These basics are enshrined in the Constitution of Russia and the Labor Code.

International Labor Organization - UN specialized institution, an international organization dealing with the regulation of labor relations. For 2012, ILO members are 185 states. Since 1920, the headquarters of the organization - the International Labor Bureau is located in Geneva. Moscow is the office of the Subregional Bureau for Eastern Europe and Central Asia.

In the International Treaty (ILO), it is believed that the most weakly excrepanted link of labor relations is an employee. And it is that they need protection from the employer.

The basis for the protection of the rights of employees is the protection of labor rights, prevention in the teams. Real bodies should, with the help of established legislation, the most effectively require responsibility from employers and their representatives.

Under the protection of the rights of workers, the realization of the protection function of the state is understood. In combination with the work of the protection of human rights, combines the most important ways to protect these rights:

.The establishment of rules in the Labor Code and other labor legislation, allowing to achieve a high level of working conditions in the state. Also guarantees compliance and adjusting labor rights that can be complemented to improve development. They are used both in regional and local labor legislation through collective agreements, agreements and employment contracts.

The development of production democracy, with the help of both direct and representative, where representatives are the workers themselves who establish and determine the rules of the internal labor regulation, conclude collective agreements with organizations. Which avoids the establishment of an employer only solution.

It is necessary to use promoting labor legislation, all available methods among workers. It is also necessary to ensure the training of employers and its representatives, in order to prevent the team of labor offenses and teaching the team by the cultural basics of the struggle for their labor rights.

Labor rights of workers protect jurisdictional authorities. In their work, their work includes both labor disputes and work with the courts. In the Labor Code of Laws on the Rights of Workers It is worth highlighting the fundamental section of the number eighteen. The name of his "Protection of the labor rights of workers. Permission of labor disputes. Responsibility for violation of labor legislation. "

In art. 352 TCs are indicated by three basic ways to protect the labor rights of workers and their legitimate interests:

State control and supervision of compliance with labor legislation.

Protection of labor rights of workers with the help of labor vocational unions.

Self-defense workers of labor rights.

The most important forms of labor communication should always begin at the initiative of workers, but in Art. 379 TC Legislation did not include individual and collective labor disputes to these rights. Such dispute types consider jurisdictional authorities, as they relate to the forms of self-defense of labor rights to employees. Jurisdictional bodies in themselves is a separate institution.

It also appropriate to mention the state supervision and control over labor laws and the protection of workers' labor rights. These two institutions regulate two types of labor relations.

Relationships on oversight and control of labor legislation and labor protection

Relationships on the implementation of the protective function of trade unions, their rights in the field of labor

The work of judicial bodies for the consideration of labor disputes is also directly related to labor relations. Performing the function of the Institute of Labor Disputes. The basis for the occurrence of such labor disputes is the actions of a worker who expressed the will to consider the dispute, which respectively leads to the work of legal authorities.

There are individual approaches to work with labor rights protection. The use of many years of practice with the work on the creation of the act of labor law in a centralized or local manner. In art. 379 TCs use new approaches to protecting the rights of workers: an employee may refuse to fulfill the work not provided for by the employment contract, as well as work that directly threatens his life and health (except in cases provided for by federal laws), while maintaining all labor rights. This law is repeated in Art. 219 and 220 TC, in accordance with Article.37 of the Constitution of the Russian Federation. Where speak about safe for life and health conditions. But in paragraph 2 of Art. 45 Constitution of the Russian Federation The law, which says that: "Everyone has the right to defend their rights and freedoms by all means of law, not prohibited by law," there is an error, this law does not cover all the forms to the self-defense of the working rights in Art. 379 TC. The Constitution of the Russian Federation is the law of direct action and in these situations guaranteeing state protection of labor rights and freedoms of workers. Whatever the situation does not occur, and whatever the legitimate way of self-defense of their labor rights, employees did not choose, it will be legitimate as an individual so to collective labor rights and employment interests.

Protection of labor rights is the various actions of state and trade union bodies for the prevention of labor offenses, and in identifying those to the provision of assistance to these bodies to employees in the elimination of such offenses (individual or collective), restoring violated labor rights and attracting violators. In this situation, fixed in Art. 142 TC: Refusal to work with a delay of more than 15 days of paying accrued wages, different shares of protest workers, etc.

The thirteenth section of the terminal code is called "Protection of labor rights ...". The process of protecting this law has its stages, namely:

a) prophylaxis from labor offenses;

b) consideration of the employment offense in resolving labor disputes;

c) restoration of broken labor rights;

d) responsibility for labor offenses.

When working at the first stages of creating new legal acts, it is necessary to initially take into account that it is necessary to protect the labor rights of workers, and it is necessary to ensure that the established foundations have been destroyed in their rights. In regulation of labor rights, all stages and ways to protect these rights are taken into account. The main instrument of this regulation is a system of legal means. Thanks to this system, it is an order of labor and directly related other relations in the field of labor in accordance with the objectives and objectives of the legal social state.

The main structural elements of the mechanism of legal regulation are:

a) the norms of law that establish the rules of conduct;

b) legal relationship as an element of the real life of law;

c) acts of implementing legal rights and obligations, i.e. the actual behavior of subjects of legal relations.

In this element of the mechanism of legal regulation of labor, an offense is possible by the employer of their employment duties, and, consequently, the rights of employees.

Protection of labor rights workers also applies to the protection of law enforcement in labor, and to restore violated legality. In turn, the legality in the field of labor - strict and complete implementation of the prescriptions of labor legislation by all subjects of labor law.

If we take into account that there will be stability in labor, where all elements of resolving legal labor will be elapsed, and where the labor rights and obligations of the subjects of labor and direct relationships are effectively implemented. Only then is possible, with a labor offense arising, fast and complete protection and restoration of all labor rights of workers.

Only with the legitimate behavior of all subjects of labor law, possibly the implementation of labor law enforcement. Since it includes the foundations of the norms of labor law, which is guarded and protected by the state. The state acts as a guarantor of the basic protection of labor rights of workers, and represents the legal side in the field of labor and labor law enforcement.

The main indicator The state of public life in the social sphere in the legal state is a clear and specific level of labor law and legality in the field of labor in each organization. If the state wants to achieve effective legal regulation of labor between labor law entities, it should strive to strive for a high level of labor law enforcement and legality of labor at each production.

The employer and its representatives do not have the legal right to impede the workers, carry out all forms of self-defense of their labor rights, where the protection of the rights of workers is taken into account not only by article 379 TC, but also by the Constitution. Also, the employer is not right, under Art. 380 TC, the persecution of workers for the use of the methods of self-defense of their labor rights permissible legislation. If the employer violates this article, it will suffer responsibility as a violation of labor legislation, the Code of Administrative Offenses, as well as the Criminal Code. In the offense of labor legislation and labor protection, administrative responsibility (doganis), administrative responsibility (penalty), and material liability (confiscation of property), criminal liability (legal proceedings) are applied to officials of the administration or employers. The leaders' leaders are guilty of this, its departments, and their deputies may be punished at the request of the trade union organ right up to the dismissal, shifted from the position. Employees for violation of labor protection instructions are involved in disciplinary, and in appropriate cases - to material and criminal liability.

1.2 Labor rights of workers and the form of their protection

According to Art. 2 Constitutions of the Russian Federation Recognition, respect and protection of human rights and freedoms and citizen - the duty of the state. Under the protection of law, it is usually understood to eliminate obstacles in its implementation or the restoration of violated law and compensation for damage caused by this violation. The concept of defense of subjective labor rights is also included by the activities of authorized state bodies and trade unions to prevent and curb violations of labor rights.

In accordance with the changes made by the Federal Law "On Amendments to the Labor Code of the Russian Federation, recognition of some regulatory legal acts of the USSR in force on the territory of the Russian Federation and invalid the strength of some legislative acts of the Russian Federation" from 30.06.2006 No. 90-FZ Art. The 352 Labor Code of the Russian Federation establishes the following ways to protect labor rights:

self-defense workers of labor rights;

protection of labor rights and legitimate interests of employees by professional unions;

state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms;

judicial protection.

The role of the public in the protection of legitimate interests of a person, the Constitution of the Russian Federation indicated that everyone has the right to create professional unions. Unfortunately, it is possible to state that trade union organizations are usually not created at the Middle and Small Business Enterprises, non-labor disputes are not elected, i.e. There are no bodies that should protect the interests of workers. This is due to different reasons: the negative attitude of some employers to the activities of trade unions, since the latter limit their distillation; the persecution of workers who applied to the trade union to protect violated rights; Weak knowledge by employees of labor legislation, and in connection with this, the unwillingness of the protection of violated rights through the trade union committee or the commission on labor disputes. In unemployment conditions, the employee is sometimes forced to sacrifice its legal rights to preserve their workplace.

Chapter 58 of the Labor Code of the Russian Federation is devoted to the protection of labor rights of workers by professional unions. Article 2 of the Federal Law "On Trade Unions, their Rights and Guarantees of Activities" determines that the trade union is created for representation and protection of the socio-labor rights and interests of its members. The main function of trade unions is the function of protection that is implemented in four organizational and legal forms:

participation of trade unions in relations between social partnership;

participation in the application of established working conditions in the organization;

participation in the resolution of labor disputes;

The participation of trade unions in the relations of social partnership, the establishment of working conditions in the organization through the Collective Treaty Institute and other labor agreements should be the main, the main form of implementing the protective function of trade unions.

The literature expresses the view that after the formation of the state labor inspection, the legalization of the inspections of trade unions (legal and technical) is not justified, because They do not have powerful powers. It should be noted that the interests of inspections coincide, and in the case of mass inspections of the state labor inspectorate, the labor inspection of trade unions is necessary. The current legislation indicates the need for their joint action.

Article 370 of the Labor Code of the Russian Federation discloses the right of trade unions to monitor compliance with labor legislation and other regulatory legal acts containing labor law standards. The trade unionascular labor inspectors have the right to unhindered to attend organizations regardless of their organizational and legal forms and forms of ownership, in which members of this professional union or trade unions are included in the association, for conducting compliance with labor legislation, trade union laws, as well as the fulfillment of collective agreement conditions agreements. The trade unionascular labor inspector, authorized (trusted) faces on the occupational safety of trade unions have the right:

put employers to suspend work in cases of direct threat of life and health of employees;

direct employers are mandatory to consider the prescription to eliminate the identified violations;

take part in the review of labor disputes;

take part in the development of laws and other regulatory legal acts containing labor law norms;

to apply to the relevant authorities with the requirement to bring to the responsibility of persons guilty of violation of laws and other acts containing the norms of labor law, concealing the facts of accidents in production.

Professional unions, their inspections in the implementation of these powers interact with government supervision and control bodies.

Articles 371 and 372 of the Labor Code of the Russian Federation provide for the procedure for taking into account the views of the trade union body when making the employer of local regulatory acts containing the norms of labor law. The code includes the following cases of employment of decisions, taking into account the opinion of the representative body of employees of the organization:

introduction and cancellation of an incomplete working time for up to six months to preserve jobs in case the changes in organizational or technological conditions of labor can entail massive dismissal of employees;

dismissal of workers who are members of the trade union, on the initiative of the employer;

attracting workers to overtime works in certain cases;

drawing up graphs of replacement in replacement work;

attraction to work on weekends and non-working holidays in certain cases;

approval of vacation schedule;

establishing a system of stimulating payments;

establishing the size of increased wages when working at night;

introduction, replacement and revision of labor norms;

approval of the rules of the internal labor regulation;

approval of the schedule on the watch when working by the Watch method.

The employer before making a decision directs the draft local regulatory act to the electoral trade union body, representing the interests of all or most of the employees of this organization. The elected trade union body no later than five working days from the date of receipt of the project of the local act directs the employer a motivated opinion in writing. The employer may agree with it or is obliged to hold additional consultations with the trade union authority for three days to achieve a mutually acceptable solution. The employer can take a local regulatory act and when an agreement is not achieving, then the electoral trade union body has the right to begin the procedure of collective labor dispute, and the adopted act can be appealed to the relevant state labor inspectorate or to court. The State Labor Inspectorate is obliged for one month from the date of receipt of the complaint (statements) of the trade union body to conduct an inspection and in case of identifying a violation of issuing an obligatory assignment to the employer to fulfill the abolition of this local regulatory act.

The Labor Code of the Russian Federation significantly limited the employer and in the adoption of a illegal decision on the dismissal of the employee, and the trade union was right in a shorter period to protect and restore through the State Labor Inspectorate of the illegally dismissed employee. In accordance with Art. 82 Labor Code of the Russian Federation Dismissal of workers who are members of the trade union, according to paragraph 2, sub. "B" p. 3 and paragraph 5 of Art. The 81 Labor Code is made taking into account the motivated opinion of the elected trade union body of this organization.

The procedure for taking into account the opinions of the trade union organ when terminating the employment contract on the initiative of the employer is established by Art. 373 Labor Code of the Russian Federation. The employer sends a draft order to the trade union body, as well as copies of documents serving the basis for the adoption of this decision. During the seven working days from the date of receipt of the project of the order, the trade union body considers this issue and directs the employer his motivated opinion in writing.

If the trade union organ expressed disagreement, he spends additional consultations with the employer for three working days. With the achievement of general consent on the results of the consultation, the employer after ten working days has the right to make a final decision that may be appealed to the State Labor Inspectorate. The State Labor Inspectorate for ten days from the date of receipt of the complaint (statements) considers the issue of dismissal and, if recognized by him, it issues an obligatory assignment to the employer to fulfill the assignment of an employee's restoration at work with the payment of forced absenteeism.

3 Concept, tasks and functions of trade unions

Professional unions are a historically established organizational form of unification of workers. Trade unions, being a public phenomenon, are a diverse and complex system of relations and connections of external and internal nature. Trade unions are the most significant mass community organization.

Professional alliances in the political system of society are specific public organizations that have their clearly defined functions that are determined by the charters.

The main tasks of trade unions are aimed at implementing their most important functions - representing the interests and protection of the rights of workers in the field of labor, as well as related to the work of relations. It was in this connection that at one time the first trade unions were formed and the working people were united in them, which today remains relevant.

The professional union or trade union is a voluntary public association of citizens who are associated with common industrial and professional interests by the nature of their activities that are in turn are created to submit and protect the socio-labor rights and workers' interests.

Trade unions, being a public organization, are based on membership, are created to protect common interests and achieving statutory goals, based on joint activities.

Each worker has the right to join the trade union or create it, which is enshrined in Article 30 of the Constitution of the Russian Federation. This mention indicates the significance of trade unions for public life and their special role.

To date, the working people are especially in dire need of protecting their rights and interests in connection with the strengthening of socio-economic contradictions.

Social regulation of social relations enables trade unions to carry out their protective function. Relations with the participation of trade unions are made to regulate various types of social norms - rights, morality, ethics, traditions and others. These relationships can be divided into three groups:

relations that have developed in the process of interaction between trade unions with state, economic bodies and workers who formally do not have consolidation;

relationships that are provided for by acts of trade union bodies;

relationships whose content is reflected in regulatory acts.

Trade union activities can be regulated by them on their own on the basis of intra-union norms that are accepted and approved by the heads of trade unions. These norms are not legal and reflected in the charters of trade unions and other acts, but almost all of them have legal consequences. In connection with the changes that are conducted in civil law, the trade union charters need to include provisions that will regulate the property relations between the trade unions themselves, their associations and membership organizations. These standards must be recognized by legal, despite the fact that they are accepted by public organizations, based on the law and pursuing the goal to fulfill it. In connection with this circumstance, it can be concluded that modern charters of trade unions contain both legal norms and not legal.

Legal impact is necessary only by the public relations in which trade unions enter, the regulation of which is objectively and necessary from a political, economic and social point of view. Legal regulation enables trade unions to carry out tasks facing them and fulfill their functions.

The right regulates the public relations in which trade unions are entering only to a certain extent that is enough to protect the interests of workers and their representation, as well as for the successful functioning of trade unions and the development of society. The boundaries of legal regulation are directly dependent on public relations, the degree of their development, as well as from the political, economic and social conditions in which they develop.

The limits of legal regulation in turn directly depend on the purpose of trade unions, as well as from the need to represent the interests and protection of the rights of workers in the field of labor with the most maximum benefit. For this purpose, all possible means and methods that are inherent in trade unions, the right, as well as the interaction of legal and non-legal methods and funds.

The content of rights and their volume is determined by the purpose of creating trade unions, their tasks, functions and regulations in the political system. It is in connection with this that the legal status of trade unions in the field of labor determines the state in direct participation. They are aimed at helping the formation of legislation, which are related to trade union activities. It is also worth noting that legal status is also directly related to their statutory powers that are determined by themselves.

When creating legislation on trade unions, the content and volume of their statutory or social powers are taken into account. The state has the right to consolidate only those powers that are settled by their charters, subject to the strength of their public relations. After the adoption of trade union legislation, they must necessarily under their activities to adhere to this legislation.

Based on the above, it can be concluded that the ratio of legal and social status of trade unions is based on the principle of direct and feedback, as well as on interdependence in the preparation of legislation on trade unions with the priority of public norms and the priority of legal norms after the adoption of the relevant legislation.

Trade union rights form a law base, which contributes to the most complete implementation of their statutory functions and tasks, as well as strengthening the legal basis of public and state life as a whole.

However, the state does not interfere with the internal activities of trade unions due to the fact that they are guided by the charters and are not subject to mandatory registration in government agencies, as they are public organizations. In the case when trade unions need to obtain legal entities, they must be registered with the bodies of the Ministry of Justice of the Russian Federation, after which they will be included in the appropriate registry. However, it is worth noting the fact that registration has a notification order, and not obligatory. It is notification order that provides complete independence of trade unions from the executive authorities.

Also, trade unions are independent of local governments, employers and their associations in associations and unions, political parties and other public associations. They are not controlled and not reported to them.

Independence is the fundamental principle of activities of all trade unions without exception and can also be provided with:

directly prohibiting any interference in their activities of state authorities and their officials that may subsequently lead to restrictions on trade union rights or prevent the implementation of their statutory activities that are regulated by law;

independence in property issues;

the rights of independent development and approval of trade union statutes, the definition of their structure, the choice of the head and the organization of their activities;

prohibition control the activities of trade unions of justice authorities who are registered trade unions as legal entities.

The second important principle of trade unions is self-government, which is provided for by the Federal Law "On Public Associations". This law regarding trade unions is expressed in the right of trade unions to develop and approve its statutes, as well as regulate its internal activities.

The third principle is a voluntary association in trade unions, which is consolidated by law on trade unions and federal law "On public associations".

The fourth principle is equality of trade unions, which is also enshrined at the legislative level and is expressed in the absolute equality of all trade unions before the law. This principle is expressed in the fact that all trade unions and their bodies in the same level have the same rights, despite their number or any other signs. It is in connection with this that legislation reflects trade union pluralism - the presence of one, but several different trade unions.

The fifth principle is the legality of creating trade unions and their activities, which is consolidated by law on trade unions.

For all trade union, the general regulatory act is the Federal Law "On Trade Unions", which acts as a special act in relation to the federal law "On public associations". In this situation, specialization is conducted on the basis of a subject - a special public organization. Norms on trade union rights are also enshrined in many other acts, a significant part of which specializes in the subject of regulation, for example, norms on trade union rights in the development and conclusion of collective agreements and agreements.

It is also worth noting that some subjects of the Russian Federation take their own trade union laws, for example, the Republic of Tatarstan, Sakha (Yakutia), Bashkortostan, Saratov region and others.

The basis of activities of all trade unions includes legislation on trade unions, their rights and guarantees of their activities, as well as all labor legislation due to the fact that it is used by trade unions in the protection of the interests and rights of workers.

The legal basis for trade union activities, taking into account the circumstances in the country, is constantly subject to change in the legislative terms and is improved due to the development of social relations in which trade unions are involved. However, the changes are mainly due to the change of economic relations and changes in the socio-political situation in the country. In this regard, the revision of trade union rights becomes necessary. The state and its bodies receive back the powers, which before that were assigned to trade unions, for example, the state-powerful powers of legal and technical instances of trade unions. The process of expanding and strengthening rights, which are aimed at protecting the interests of workers, for example, employment issues. The international organization of labor with its convection No. 87, 98, 135, 144 and others had a decisive influence on the content of trade union legislation.

In connection with the foregoing it should be noted that the main trends in the improvement and development of trade union legislation, their rights and guarantees consist of:

that they are carried out only in accordance with existing social relations;

in the refusal of trade unions from the authority that they are not peculiar to them;

in preservation, expanding and strengthening rights, which make the opportunity to defend the interests and socio-labor rights of workers.

employer Trade Union Contract Control

2. Implementing trade unions of protective functions in cooperation with representatives and executors by the authorities, employers

1 Development and general characteristics of social partnership

Social partnership is a phrase, by nature a capacious, which is sometimes taken to replace the shorter - "triparty". It means three-sided, which meets international labor regulation and determines the nature of the relationship between employees, employers and government agencies represented by the Government of the Russian Federation or the executive authority of the constituent entity of the Russian Federation.

The term "social partnership" entered the offense after the completion of the First World War. The theory of social reforms was born by the theory of class struggle, which in the XIX century wanted to play the role of the most important regulator of the history process. The adherents of this concept took as a basis the ethics of Fairbach, the concept of "harmonization of relations" L. Blanova and P. Proudon, ideas of F. Lassale and other theoretics of social democratic development paths. Employers of the last century and in Russia, and in the West to prevent strikes and reducing profits because of this, they went to an agreement with their workers, and also awarded particularly diligent certain privileges. It was these circumstances that served to appear the "working aristocracy".

The main reason for the decline in radicalism was the qualitative change, which occurred among the workers themselves. The clashes and strikes arising between employers and employees have ceased to exist and turned into negotiation processes due to higher education and growth of professionalism, the emergence of workers' participation in enterprises, as well as due to increased wages and the development of social protection sphere.

The social partnership changed with the course of history, developed both in theory and practice. After the victory of the October Revolution, the whole world was forced to admit a new tactics and a strategy of relations between labor and capital for them. In order to solve the contradictions that arose during the transition, it was necessary to create specialized organizations and trade unions. It is this need for the reason for the establishment of an international labor organization in 1919, which was an external factor. However, the main factor in social partnership is still internal factors that are able to reflect real changes in the production industry. Such a factor was the scientific and technical revolution. As a result, the Company received completely new opportunities to satisfy their vital needs. However, they were still a minuses in such changes - HTR led to an increase in the requirements for the quality of labor and required highly educated professionals. In this situation, the socio-psychological component of relations between the participants of the production process was of great importance. As a result, it was necessary to humanize relations between them and in the social dialogue.

Social partnership was investigated both Western and domestic scientists who were significantly inferior first. Foreign historiography makes it possible to trace that the social partnership has been studied in the middle of the 20th century. Soviet historiography paid a lot of attention to the study of socio-economic processes, but for some reason the problems of social partnership did not make it necessary for discussion due to the fact that the contradictions between labor and capital at the state ideology level were eliminated due to which the reasons for social conflicts. The social partnership was at that time "alien socialism" by the system of public relations.

Europe began to explore the social dialogue between the employer and the employee for quite some time. Germany in the 70s. XIX century Signed the first tariff agreement. In the XX century Ludwig Erhard from Germany and Gunnar Murdal from Sweden developed the theory of a social state that paid great attention to the social partnership, which was displayed in the political economics, in which the goals of the economic and political development of the state in favor of society were clearly designated.

It is the socio-political shocks of the last century that has formed a global scale of the problem of conservation of the social world. After the revolutionary shocks and the changes that occurred in Russia, together with the Liga of Nations in 1919, the International Labor Organization was established in 1919, which in its activities was striving to realize the aspirations of its members to the worldwide statement of legal order in relations between governments, employers and workers' organizations .

The International Labor Conference in 1944 adopted a declaration that made an explanation of the main tasks and goals of the International Labor Organization. The basis of its activities were the following principles: work is not a product, freedom of speech and association - a necessary condition for constant progress, poverty - the threat of universal well-being, all people without exception have the right to exercise their material well-being and spiritual development subject to advantage and freedom equal Conditions and sustainability of the economy.

The trilateral structure of the International Labor Organization, which includes governments, employers and workers, are unique in the UN system. Its main strategic goal is to strengthen and develop tripartis and social dialogue.

The International Labor Conference in 1998 adopted a solemn declaration of the International Labor Organization, which revealed the main principles and rights in the field of labor, and also confirmed the determination of the international community to "follow, promote the use and conscientiously implementing" the right of employers and workers to have freedom of associations and collective negotiations And also strive to eliminate all forces forced or compulsory labor and discrimination in the field of hiring and classes. The Declaration also pays attention to the fact that states in any case must comply with these principles regardless of whether they ratified the necessary conventions or not.

Elements of social partnership in Western Europe have become inalienable components when regulating labor relations. After the global public abandoned the confrontation of labor and capital, there was a need for social partnership and dialogue, which over time became an integral component of the new social world and served as a factor for economic prosperity. A permanent and fruitful dialogue was recognized at all without exception, the levels of government, as well as by all organizations and firms, regardless of their form of ownership and the scale of activity.

Studies of Western scientists who contain theoretical substantiation of problems were considered as an attempt of "capitalism apologists" ideological agreements to oust the Marxist theory of classes and class struggles, as well as an attempt to replace the concept of working cooperation and capital. With all this, the latter society was perceived only as the reactive-utopian, which was developed at a special order of the bourgeoisie. However, a detailed analysis of the literature of the Soviet period on a social partnership makes it possible to make it by allocating two groups of researchers of this problem - integrative and conflict.

The social partnership is perceived by many scientists as a mechanism for regulating social conflicts, which necessarily includes the exposition of their exploitative essence and their real genuine anti-brave orientation opens.

Some authors in the study of the problems of solving socio-labor conflict have attempted to determine the content of the concept of "social partnership" as a "complex mechanism". The essence of this category, they understood ambiguously, in connection with which they offered quite a lot of judgments that contradicted each other. Their mistake was that in the formation of their judgments did not take into account the multigid concept of social partnerships, which were in the process of history, as well as in the fact that they mixed its semantic meanings. In this regard, the conclusion is formed that representatives of the conflict school did not allow any possibility of peaceful coexistence of labor and capital subjects. They were firmly confident in the insurmountable antagonist of contradictions in the capitalist society, therefore, in the harm of the ideology and practice of social partnership.

Others refer themselves to representatives of the integrative direction. The basis for their works was the relationship between the theory of social conflicts, as well as their regulation and the achievement of the agreement. They all pay all their attention to finding the most effective means of conflict management, as well as the study of all sorts of ways that lead to the achievement of social consent.

Taking into account the development of theoretical problems of cooperation between social forces in the sphere of sociology and economy, the main categories of partnerships, such as entrepreneurship, competition and market economy, gradually began to be introduced into scientific turnover.

Scientific literature of the 90s offers various definitions of the content of the very concept of "social partnership", which is perceived in it as a complex contradictory public process, as well as the main mechanism for regulating social and labor relations.

G.Yu. Semigin identified the main features of the formation of social partnership in Russia. In his opinion, the social partnership since the beginning of its origin was formed in Russia not from the bottom, as in the West, and from above. He draws attention to the fact that it is vital to create a mechanism that promotes the formation and implementation of the most effective socio-economic policy in the state. He also assumed that in Russia there will still be a need to create economic, legal, social and psychological foundations of partnerships, and first of all, he notes the need for sufficient experience in organizational, personnel, scientific and methodological and financial support. However, it is worth noting the fact that not all the provisions presented in this book do not require challenging. The controversy of some such provisions form a certain interest and gives the ground to think about the paths of the historical transition from class contradictions to consistency and partnership.

Modern realities make it clear that private property on the means of production prevails throughout the world. It is logical to assume that if there is a class of ownership owners, then the class of employees also exists. Their interests are largely large. In the case when the business seeks to increase the efficiency of production, reduce costs and get the highest possible profit at the same time, the hired employee in this situation seeks the most efficient and expensive to sell its professional skills. Only mutual understanding and awareness of the fact that the realization of their interests is simply impossible to become a peaceful bridge between them. In recent years, a variety of works have increasingly appear, which reveal the common problems of the theory of partnerships, which directly indicates the needs of society in the systematization of knowledge on this topic. The review of scientific literature makes it clear that domestic scientists have not yet been able to develop one general approach to perception and a complete understanding of the essence of the social partnership, the classification of its models, their genesis, structure and functions.

2 Interaction of trade unions with representative authorities

Starting from the eighteenth century, the world began to switch to new levels of economic and political relations. Trade unions began to play one of the huge roles. In the twentieth century, thanks to close cooperation, the chief institution of the political system of society with trade unions, led to the fact that relations between them began to take partner. In art. 23 TC is given a clear definition of the concept of social partnership.

Social partnership is a system of relations between employees (representatives of employees) and employers (representatives of employers), public authorities, local governments, aimed at ensuring the coordination of the interests of workers and employers on the regulation of public relations that are part of the subject of labor law.

The main participants in the social partnership are employees, where they are represented by the heads of trade unions, and employers. Where the main task is to work on the labor right, where the relationship is taken as a basis, taking into account the interests of both parties. The Labor Code shares the participants and the parties to social partnership. The parties to this system of interaction are employees and employers represented by representatives of representatives.

The creation and activities of social partnership bodies, in the preparation of projects and the conclusion of contracts and the Agreement of various levels, follow both government bodies and local self-government. Since it is necessary to take into account the interests of society as a whole, and to coordinate the development of a collective agreement for labor relations at various levels, coordinate the state and contractual regulation, this is precisely the work of state power and local governments.

State bodies act as a third independent part in consultations or negotiations. They provide direct assistance in labor relations to search for mutually acceptable solutions.

State authorities are representatives to protect the interests of society as a whole, as it takes into account the opinion of the parties, taking as a basis of state policy, with the help of which it is possible to make a legal decision. But state bodies and local governments are far from always participants in labor social partnership. Basically, the employer and worker, when confrontation, is trying not to attract third parties, since all the relationships within the organization are carried out on a bilateral basis. In art. 45 TK RF Conclusion of agreements can also be carried out on a bilateral basis without attracting state or bodies or local governments if the employer and worker will come to such a decision. Leaving this if the parties of the confrontation come to such a decision, they automatically not recognize the parties to the social partnership, and, accordingly, they do not receive any rights and do not commit obligations under prisoners with their participation of agreements. The only exception is that state bodies and local governments themselves act as employers or represent the interests of employers in accordance with Art. 34 TC RF.

The representative for the employer may be managers of organizations or authorized by the head of the person. In case of transmission from the executive body of the joint-stock company to the management organization or the manager (individual entrepreneur), they receive powers to act and implement the actions of social partnership on behalf of the Company.

The representative for workers usually acts trade unions and their associations, which are defined in their chosen body. In the absence of a trade union, or when the trade union does not have deep powers, choose another representative body.

Taking into account the positions of ILO No. 135 "On Representatives, Workers", from 1917, selected representatives from the face of workers, representing their interests, and not included in trade unions, are not allowed to work to undermine the position of interested trade unions or their representatives, but trade unions are not Have the right to ignore the opinion from representatives from the workers. This provision of international legal law is recorded in Part 2 of Art. 31 of the Labor Code of the Russian Federation. Literally says there: the presence of another representative cannot be an obstacle to the exercise of the trade union organization of their powers. The activity is not a trade union representative in the organization are obliged to be based on close work and cooperation with the trade union. They have the right to nominate their representatives in order to take direct participation in other representative bodies of organizations. This action is due to P2 Art. 16 FZ "On professional unions and guarantees of their activities."

Initially, social partnership provides for the achievement of consolidation between the working and employer. Social partnership for making a decision, takes into account the need to ensure the effective activities of organizations and the creation of a system of guarantees for labor law.

Social partnership is one of the most complex interaction systems between the working and employer. For a clearer concept of its essence and social importance, it is necessary to understand all forms and levels of cooperation of social partners. In art. 26 TK RF has five levels, thanks to which social partnership is possible:

Federal

Regional

Industry

Territorial

Level organization

For each level of employment partnership, its task is established to regulate labor relations.

The Labor Code determines all forms of social partnership, where there is a clear idea of \u200b\u200bthe form of these relationships.

Also are also present on the parity basis for the form of cooperation that exist to solve specific social problems, for example committees, or labor protection commissions, or employment coordination committees, also participating in the management of extrabudgetary social funds.

One of the main forms of social partnership can be considered collective negotiations and the conclusion of collective contractual acts. They determine the implementation of the workers, or their representatives between the employer, labor rights for the implementation of collective contractual regulation. Thanks to this form of social partnership, it is possible to achieve a social world in society, also allows you to more correctly carry out labor and all related relations. Also, social partnership helps in establishing clear working conditions.

Consultations between social partners were traditionally carried out at the federal, regional, territorial and ending with the level of the organization. Consultations between partners were traditionally carried out at the federal, regional, territorial levels in permanent trilateral commissions.

Separate legislative and other regulatory legal acts provide consultations with social partners in other forms, for example, Article 21 of the Employment Act provides for the participation of trade unions and other representative bodies of workers in promoting employment. In particular, on the proposal of trade unions, the executive authorities, employers conduct mutual advice on the issues of employment.

Consultations at the organization level are held within the framework of the participation of employees in the management of the organization. Consistence is envisaged, for example, Art. 372, 373 of the Labor Code of the Russian Federation in the implementation of local regulation of labor relations or termination of the employment contract on the initiative of the employer.

The collective agreement may also provide other cases of consultation with representatives of employees, for example, in addressing the issue of the reorganization of the enterprise, recognition by bankrupt, the implementation of the massive dismissal of workers. Consultations are held with the aim of accounting for the legitimate interests of employees when making management decisions and ensuring compliance with their labor rights.

As the next form of social partnership, the participation of employees in the management of the organization is called. Such interaction of workers and their representatives with the employer is carried out exclusively at the organization level, in accordance with Art. 52 TK RF for employees, the rights are enshrined directly or through their representative bodies to participate in management.

The participation of employees in the management of the organization should ensure that their interests are taken into account when making certain decisions. The Labor Code allocates several forms of such participation. In particular, representatives of employees have the right to receive information directly affecting the interests of workers; express an opinion on the adoption of local regulations, the dismissal of members of the trade union, attracting overtime, work on weekends and non-working holidays and in other cases stipulated by law or collective agreement; Discuss with the employer questions about the work of the Organization, proposals contribute to its improvement.

In practice, the most important form of employee participation in the management of the organization recognizes how to record the opinion of the representative body of workers in the implementation of local regulation of labor relations and the adoption of specific management decisions

Accounting for the opinion of the representative body of workers is necessary, for example, in drawing up the schedules of replacement, adopting a local regulatory act, providing for the division of the working day into parts, a local regulatory act that establishes the norm of labor, labor protection instructions.

Representative body of workers participates in the establishment of elevated female wages employed in difficult work, work with harmful and (or) dangerous and other special working conditions, as well as for work at night, in determining the forms of professional training, retraining and advanced training of workers .

In the implementation of law enforcement actions, the opinion of the elected trade union body is taken into account, other representatives of employees do not participate in solving issues of incomplete working time in order to preserve jobs, dismissing workers who are members of the trade union, bringing to overtime work.

The next form of social partnership is the participation of representatives of employees and employers (employers) in the pre-trial and extrajudicial resolution of labor disputes.

Cooperation of employees and employers (employers) is carried out in resolving labor disputes.

With the resolution of individual: labor disputes, representatives of employees and the employer on the parity began a commission on labor disputes, which considers most of the individual labor disputes.

When resolving collective labor disputes, an extrajudicial conciliation procedure for consideration of the dispute is used: by agreement of the parties from their representatives, a conciliatory commission is created, the parties are involved in the choice of an intermediary, in creating labor arbitration, negotiations on the definition of the minimum of the necessary work (services), negotiations during the strike with The purpose of the settlement of existing disagreements. All these actions must be viewed as a cooperation of the parties to the dispute, their participation in the extrajudicial resolution of a collective dispute.

In addition to these forms, in accordance with the current legislation and the current practice, it is used: the creation on the parity principles of permanent deliberate, coordination bodies, the participation of social partners in the management of extrabudgetary social funds, consideration and accounting by employers and government bodies of trade unions.

Research and practice indicates that the unified model of the interaction of state bodies with trade unions has not yet been formed, adequately reflecting the reality of the political system of Russia laws.

3 Interaction of trade unions with executive authorities, employee associations, the practice of applying collective agreements and agreements to protect the rights of employees

From the very beginning of the emergence of the Russian professional movement, its principal feature was close relationship with the activities of political parties and councils of workers of deputies born by the working movement. The emerging later parties in 1905, trade unions as the social flow involuntarily experienced their influence and a certain dependence on them. In turn, trade unions with their best personnel and support contributed to the strengthening of the Councils of workers of deputies and the closest in the spirit of political parties and, above all, the Russian Social Democratic Workers' Party (RSDLP), which set itself the main goal - the release of the proletariat from exploitation.

The relationship between trade unions with political parties, authorities and management over the history of the story developed in different ways, but were always a noticeable factor in public life.

What is the similarity and difference between the subjects of these relationships, first of all, political parties and trade unions?

Party, expressing the interests of the people, seek to win power (up to changing the socio-political system) or get powerful powers to implement the program problems, and not rarely (alas!) And for the sake of meeting the ambitions of their leaders.

Trade unions, by definition being representatives more significant than political parties, part of the people represented by employees of hired labor and students of young people, are designed and seeking to protect their legitimate professional and training rights, as a rule, within the framework of the existing socio-political system.

Party and trade unions in their activities use various methods of belief and coercion through agitation and propaganda, contractual process, mass protests or even, if we talk about the parties, are armed performances. Important differences: Ideal like-minded people are united in the party, discrimination against political views is not allowed; Parties seek to win power, trade unions - use the existing one. Functions: Political parties - the representation of the interests of certain groups of the population, the development of an ideological doctrine, the implementation of powerful powers, at trade unions - representation and control and protection functions, mainly in the sphere of social and labor relations.

The relationship between professional unions, employers and their associations, government bodies and local governments are based on social partnerships, as well as on the basis of a system of collective agreements, agreements.

Professional unions have equal with other social partners of the right to parity participation in the management of state social insurance, employment, compulsory health insurance, pension and other funds, formed by insurance premiums, and have the right to trade union control over the use of the funds of these funds. Charters (provisions) of these funds are approved by coordination with regional associations of trade unions.

Trade unions interact with state authorities, local governments and organizations for the development of sanatorium-resort treatment, rest institutions, tourism, mass physical culture and sports.

The employer in accordance with the collective agreement (agreement) reimburses the trade union organization costs associated with the content in the state of trade union organizations of liberated employees dealing with state social insurance issues.

Trade unions have the right to vitality if they protect the labor rights and interests of trade union members. This follows from Art. 370 of the Labor Code of the Russian Federation and Art. 2 of the Federal Law "On Trade Unions, their rights and guarantees of their activities" dated January 12, 1996, as amended. Federal Law of December 30, 2008 No. 309-FZ. Constitutional, labor legislation makes it possible to allocate the most important human rights, which can be significantly fully implemented when combining workers in trade unions. They are manifested in the field of labor, in social spheres, in the field of civil and political rights.

At present, the joint activities of the executive branch and the Federation of trade unions allowed us to mainly develop a system of interaction between the executive bodies with trade unions in solving the urgent problems and the protection of the socio-economic interests of the region's population. Constructive cooperation in solving socio-economic problems made it possible to avoid many social conflicts.

Trade unions are independent of the executive authorities, local governments. In accordance with Article 5 of the FZ "On Trade Unions, their Rights and Guarantees of their Activities," the intervention of these bodies and their officials are prohibited in the activities of trade unions, which can entail the restriction of their rights.

The Bolsheviks, in contrast to the Mensheviks, categorically opposed the "neutrality" of trade unions in relation to the policies of the state and political parties. The question of the neutrality of trade unions was discussed at the first All-Russian conference of trade unions in October 1905, but then there was no decision on this issue. However, the Stuttgart International Congress of Socialist Parties in 1907 made a decision condemning the neutrality of trade unions. Lenin in the article "Neutrality of Professional Unions", published in the Proletarian newspaper in February 1908, condemned the position of Plekhanov, who was standing for the "neutrality" of trade unions, and stressed: "The class interests of the bourgeoisie inevitably give rise to the desire to limit the unions of small and narrow activities on the soil There is an existing structure, remove them from any connection with socialism, and the theory of neutrality is the ideological vestment of these bourgeois aspirations. "

What could be neutrality from Russian trade unions when they were associated with the advice of workers of deputies almost from the very beginning and many have arisen almost simultaneous with them? Those and others had the common nature of their origin and program goals, often united efforts, supporting each other in solving tasks aimed at improving the life of a person's worker. At the same time, the field of activity of these mass organizations of workers was optimal: trade unions operated on production, advice in the territories. For the first time, the advice, as a rule, included representatives of trade unions, and vice versa. For example, in the charter of the Central Bureau of Moscow trade unions, it was envisaged that at its meetings there are two representatives from the city-wide council of workers of deputies and one by one - from district councils.

Projects of regulatory legal acts of the executive bodies affecting social and labor relations and the rights of employees are considered and accepted with regard to the opinion of trade unions.

Projects of decisions and regulatory legal acts of the executive authorities of the region on the most important issues of social and labor relations are subject to consideration at the regional tripartite commission on the regulation of socio-labor relations.

Federation of trade union areas as needed to inform the region's governor about emerging issues in the field of social and labor and other directly related relations and make relevant proposals to consider them in the regional administration.

In some cases, the executive authorities in the regions, taking into account the positive results of the implementation of the previously adopted agreements, take decrees containing measures to implement the existing agreements.

3. Trade union control and judicial protection of labor rights of workers

1 The concept and scope of the application of trade union control, the procedure for its implementation

In ch. The 58 Labor Code is enshrined the right of professional union to monitor compliance with labor legislation.

The main powers of professional labor inspections is:

regardless of the organizational and legal form of the enterprise, to freely visit them;

control compliance with the legislation of the Russian Federation on labor and trade unions, as well as other regulatory legal acts containing labor law norms;

ensure the safety of employees of organizations;

conduct an independent examination of working conditions;

conduct an investigation into industrial accidents and occupational diseases;

officers and other officials are obliged to inform trade unions about the state of the conditions and safety of labor;

trade unions must fully obtain information on accidents at work and occupational diseases;

to eliminate detected violations of labor legislation and other regulations containing labor law standards are obliged to send submission employers;

carry out verification of the condition of conditions and labor protection, fulfilling the obligations of employers stipulated by collective agreements and agreements;

take part in the work of the Commission on Testing and the operation of production facilities and means of production as independent experts, etc.

Legal trade union inspector has the right to unhindered to visit enterprises in which members of this professional union or association work, to conduct compliance with labor legislation, about professional unions, the procedure for compensation for health from labor injuries, as well as the administration of enterprises of the collective agreement and its compliance with the administration of enterprises legislation. The administration is obliged to submit to them the necessary information and documents.

The requirements of the trade union body and its inspections to eliminate violations of labor legislation and trade unions are mandatory for the execution of the administration, the owner of the enterprise, regardless of the forms of ownership, the scope of economic activity and departmental affiliation.

The employer is obliged to inform the relevant trade union body in a week about the results of the consideration of its submission and adopted measures.

In order to comply with the legislation in the field of labor, commercial unions and their associations have the right to create labor inspections that are empowered, which are provided for by provisions on these inspections approved by all-Russian trade unions and their associations.

Trade union organizations at the interregional and territorial level can create legal inspections that monitor compliance with labor legislation, and technical inspections that control labor protection.

The right to monitor the observance of labor legislation and labor protection, trade unions is enshrined in the Federal Law "On Trade Unions, their Rights and Guarantees of Activities".

One of the principles of state policy in the field of labor protection is support for this public.

The control over the observance of labor protection rules is carried out by technical inspection, and for labor laws on labor, working time is the legal inspection. Trade union authorities carry out daily control over compliance with labor legislation and labor protection rules.

The control of trade unions in the field of state and public supervision is distributed to all types of organizational and legal forms of ownership of organizations.

The rights of trade union inspectors and authorized persons to protect the labor of the currently operating labor code, such as:

keep control of the actions of the kidder to comply with labor legislation;

conduct an independent examination of working conditions and ensuring the safety of employees of the organization;

take part in the investigation of accidents at work and occupational diseases;

receive information on the state of the condition and safety of labor from the administration of organizations, as well as on all accidents in production and occupational diseases;

protect the rights and interests of members of the trade union on compensation for harm caused by their health at work;

put employers to suspend work in cases of direct threat of life and health care workers. As we see, here the rights of trade unionascular labor inspectors are the same as in state-owned labor inspectors, i.e. powerful nature;

send employers to the submission to eliminate the identified labor offenses, mandatory for consideration;

to verify the condition of conditions and labor protection, fulfilling the obligations of employers stipulated by collective agreements and agreements;

participate as independent experts in the work of commissions for testing and operation of production facilities and means of production;

take part in the consideration of labor disputes related to the violation of labor protection legislation, commitments on collective agreements and agreements, as well as changes in working conditions;

take part in the development of projects of sub-banner regulations on labor protection and coordinate them in the manner prescribed by the Government of the Russian Federation;

contact the relevant authorities with the requirement to bring to the responsibility of persons guilty of violating labor legislation, concealing the facts of accidents in production.

Commissioner (trusted) faces for the protection of occupational unions have the right to freely check in organizations compliance with labor protection requirements and make mandatory proposals for consideration by proposals for the elimination of violations of labor protection requirements.

The principle of trade union control over compliance with labor legislation. The right to exercise control unions to monitor the compliance of labor laws and other acts in its content the norm of labor law, corresponds to the employer's obligation not to impede the implementation of trade union control in the forms established by the legislation, as well as the obligation of authorized state bodies to ensure the conditions for the trade union of controlling functions. This allows you to allocate the following legally significant circumstances from the content of the principle under consideration:

1) the availability of trade unions the right to monitor the compliance with labor legislation and other legal acts in the forms established by law;

) Availability from representatives of the employer duties not to impede the implementation of trade union control over compliance with labor legislation in the established forms;

) The presence of authorized state authorities to ensure the implementation of trade union law on the implementation of trade union control over compliance with labor legislation.

The proof of each of the listed legally significant circumstances allows us to conclude that this principle is compliance.

Analyzing the specified rights of trade unionascular labor inspectors and proxies of trade unions on labor protection, we see that the Labor Code (i.e. the law, and not only the provision approved by the Supreme Trade Union) provided them with significant rights to implement trade union control over compliance with labor legislation and labor protection. And if the trade unions were more actively than now, they used these rights, then in practice there were significantly fewer labor offenses.

2 Participation of trade unions in the judicial protection of labor rights of employees

To deal with the rights of the trade union regarding the judicial protection of its members, it is necessary, first of all, to refer to the procedural legislation. The Civil Procedure Code states that in cases provided for by law, public authorities, local governments, organizations or citizens are entitled to go to court with a statement in defense of the rights, freedoms and legitimate interests of others at their request or in defense of rights, freedoms and the legitimate interests of an indefinite circle of persons.

In the Federal Law "On Trade Unions, their Rights and Guarantees of Activities", it is stated that "in cases of violation of labor legislation, trade unions have the right at the request of members of the trade union, other employees, as well as on their own initiative to apply for the protection of their labor rights to the authorities, considering labor disputes. "

All employment disputes on their jurisdiction of this or that organ can be divided into the following five groups:

considered in general when the labor dispute committee is a mandatory primary stage, after which the dispute can be received for the court;

considered directly in court;

considered in the higher authority in cases established by federal law for individual categories of workers (art. 383 of the Labor Code);

alternative jurisdiction of the plaintiff in a higher authority or in court (for example, all labor disputes of civil servants or disputes with state labor inspectors);

collective labor disputes with single jurisdiction considered by the conciliation commissions, an intermediary and labor arbitration.

In general, the labor dispute committee considers only disputes from labor relations, and that is not all. Another order is established by law for two categories of disputes: considered or directly in court (without consideration in the labor dispute commission), or only in a higher authority.

Directly in court consider the following labor disputes:

according to the employee - on the restoration at work, regardless of the grounds for the termination of the employment contract, the change in the date and the wording of the cause of dismissal, about the transfer to another job, on the payment during the forced absenteeism, compensation for moral damage in connection with the violation of his right to work either about paying the difference in wages during the execution of illegally lower paid work;

disputes of employees of those organizations where the labor dispute commission is not created (for example, disputes of persons who have entered into employment contracts with military organizations; disputes of household workers; workers employed at the employer - an individual; disputes of workers of religious organizations), as well as the claims of the employer about compensation the employee of the damage caused to the organization; Disputes about unreasonable refusal to work: Persons invited to work in order of translation from another enterprise, institutions, organizations; a young specialist aimed at the end of study in the procedure established by the contract; another person with whom the employer in accordance with the law is obliged to conclude an employment contract (directed by quota); a pregnant woman or a woman who has children under the age of three, a lonely mother (father), having children under 14 years old (a disabled child - up to 18 years old) based on these circumstances; persons who believe that it has been discriminated against labor;

disputes about compensation for damage caused by an employee of the organization, on the suit of the employer. If the administration held an employee of the employee to compensation for damage from wages, and the employee considers it illegal, then the dispute will be about illegal retention and subordinate commission on labor disputes;

disputes of collective material responsibility, about compensation by the employer of moral damage caused by the employee in connection with his labor injury or other damage to health at work, when the employee does not agree with the decision about this employer or did not receive an employer at the set 10-day . The claim for these disputes of moral damage is not established.

The higher authorities (superior administration) are obliged to consider any complaints from employees to the actions of the lower bodies, including on labor disputes, the subordinate commission on labor disputes and the court. However, federal laws have been established that the higher authority is considering labor disputes, if a state employee appeared to him, as well as disputes of judges, prosecutors, their deputies and assistants on dismissal issues, changes in the date and the wording of the cause of dismissal, transfer to another work, the payment of forced The absenteeism or execution of the lower paying work and the imposition of disciplinary recovery. All labor disputes of civil servants are considering a higher administration or court for choosing an employee.

The actions of state inspections (sanitary and others) appealed to their higher authority or court, and about the imposition of a fine - to court at the place of residence.

The procedure for considering labor disputes in court is determined by the Civil Procedure Code of the Russian Federation and Art. 391-397 Labor Code. One of the most important guarantees for the protection of labor rights of Russian citizens is their right to judicial protection. The courts not only restore violated labor rights, but the causes and conditions of these violations reveal, conduct preventive work to eliminate them and prevent. The court may make submission to state bodies, public organizations and officials on the elimination of violations of the law, the causes and conditions that contribute to labor offenses.

The competence, the empower in the field of labor disputes is determined not only by the circle of disputes concluded by the court, but also by the fact that when considering the dispute, the court may at its initiative to attract the third party to the defendant, guilty of gross violation of labor legislation. If, when considering the case, the court will establish incorrect actions of officials, indicating the gross violation of their labor legislation, it should according to Art. 226 Civil Procedure Code of the Russian Federation, to endure a private definition to attract perpetrators to disciplinary, and in appropriate cases - and to criminal liability. These private definitions are sent to the appropriate body, which one should report the court within a month.

When applying for a labor dispute, the judge is solely solved the issue of adoption or refusal to accept the application for consideration in accordance with Art. 133-134 Civil Procedure Code of the Russian Federation.

The law established the following pressure dates for the possibility of handling a labor dispute to the court:

for other labor disputes - a three-month period from the day, when the employee learned or should have learn about the violation of his right;

on the suit of the employer to the employee about the compensation of material damage caused to the organization, one year from the date of detection of damage;

according to disputes, which were considered in the labor dispute commissions - 10 days, calculated from the date of the presentation of a copy of the Commission's decision. This period is procedural, and not pressure. His expiration implies not a refusal to the lawsuit (if he is missing for disrespectful reasons), as is the case when the claim is missing, and enforcement of the decision of the Commission on Labor Disputes forced, if it does not fulfill voluntarily. 10-day term is procedural and because it determines the movement of the process on the employment dispute, and not the right to lawsuit itself, as happens with a long-term term.

The refusal of a judge in accepting a statement based on the expiration of the limitation period is illegal. The question of passing the statute of limitations should be decided at the court hearing when considering the dispute. The law does not determine which reasons are considered valid to restore the pressure life. This is the court itself.

In case of recognition of respectful reasons for missing the limitation period, the violated right is subject to protection.

The right to initiate the case in court is not only interested employee, the employer, but also the prosecutor, as well as the trade union.

Plaintiffs - workers and speakers from their behalf of trade union bodies for all labor cases are exempt from the payment of state duty and other court expenditures (Art. 89 of the Civil Procedure Code of the Russian Federation, Art. 393 of the Labor Code). If the employee's claim is satisfied, then court costs, including the state duty, are charged with the defendant. If the employee fails, the court costs are not charged on any side.

In cases where the plaintiff is an organization, legal costs are charged (on the dispute about the material responsibility of the employee).

The application submitted to the Court of Considering the Labor dispute is not a complaint brought to the superior instance (canceling the decisions of the subordinate). Therefore, the court can not cancel, change or leave the decision of the Commission on Labor Disputes; He solves the dispute on the merits.

Claims on the restoration at work in the court of first instance are considered by the judges alone, and in the cassation and supervisory instances - as part of the presiding and two judges.

The rest of the labor disputes solves the judge alone. Since the consent of the dispute participants, the court can solely solve and affect the work on work.

The court solves the employment dispute in accordance with the circumstances of the case and law. In the decision, it indicates which requirements, on what basis, in what amount and in relation to which defendant is subject to satisfaction or in which denied.

Only the plaintiff can change its claims in court, increase or decrease them, change the subject and reason for the claim, abandon the latter. If the subject is changed and the basis of the claim at the same time, then this leads to the statement of a completely new claim.

The resolution of the dispute in court can end and the global agreement. On the adoption of the reference of the claimant from the claim for the work or on the approval of the settlement agreement of the arguing parties of labor legal relations, the court makes a definition that simultaneously terminates the proceedings. The conditions of the settlement agreement should not violate the legislation, labor rights of workers and the interests of the organization. In particular, the Court should not approve the World Agreement on the Restoration case at work, which enhanced by turning the liberation of the guilty official from material responsibility for damage caused to the employer, in connection with the payment of forced absenteeism. The definition of the statement of the settlement agreement or a refusal to be submitted by the court in the deliberate room after discussing the issue of the legality of the agreement.

The court, considering the employment dispute, solves it on the basis of all available materials. At the same time, it is not related to the previous decision of the labor dispute commission, although he examines it to establish the truth in the case. The court may go beyond the claims declared by the plaintiff, if it follows from the grounds of the same claim. For example, the court may recover the payment for the forced rushing during the restoration of illegally dismissed, although the claimant's claim did not ask for this.

All labor disputes are considered in court at the location of the defendant.

Appeal against the decision of the Court to the Higher Court can any Party within 10 days. In the same period, it may be protested by the prosecutor. Those who missed this period are deprived of the right to file a complaint. But with a good reason for passing the term, the court can restore it. The higher court in cassation has the right to leave the court decision in force, change or cancel it completely or in part. By canceling a court decision, a higher court can convey a new consideration into the same court in another or in the same composition, or to make a new decision on the merits of the dispute, or stop the case, or leave a lawsuit without consideration. If the court decision is canceled by the cassation appeal, the question of the reverse recovery of the amount paid in order to turn the execution is permitted by the court in all cases. This reverse recovery is made only by court decision.

The decisions that entered into legal force, the definitions and decisions of the courts can be revised in the order of supervision of the relevant protests. If the court's decision is canceled in the order of supervision, then from the worker, who received certain amounts for this decision, these amounts are not recalled, except when the court decision was based on plates or false information provided by the plaintiff. The Law of the Russian Federation of April 27, 1993 "On appealing to the court of action and decisions that violate the rights and freedoms of citizens" No. 4866-1 provided that a citizen could appeal against any collegial and sole solutions to the authorities and officials who violate his rights and freedoms (Consequently, in the work of labor) or creating obstacles to their implementation, as well as if any obligation is illegally entrusted or is illegally attracted to any responsibility. This appeal can be either directly to court in a three-month period, or within a month after receiving a citizen of a written notice to refuse a higher authority (official) in meeting his complaint or from the date of the expiration of the monthly period after submitting a complaint, if the response is not received . Such a complaint is possible in cases where other order of judicial appeal is provided.

I will give an example of the practice of judicial protection of rights involving the trade union in the Arbitration Court of Vladivostok Case number A49-11162 / 2012-504 / 9 October 21, 2012

The Arbitration Court of Vladivostok as part of Judge Holkina M.N., while conducting a trial of the court session by Assistant Judge Lavrovaya I.A., examined at the court hearing the case on the claim of the All-Russian Trade Union of Workers' Local Industry and Municipal Services in the person of the organization for recovery 75 071 rub. 98 cop. With participation: from the plaintiff: Nikitenko V.F. - Representative by proxy No. 19 of 11/18/2012; Osipova N.M. - Representative by proxy number 20 of October 18, 2012

The All-Russian Workers' Union of Workers and Municipal Services in the person of the regional organization, Vladivostok appealed to the Arbitration Court of Primorsky Krai with a claim to a closed joint-stock company "Metaplast" plant, paragraph. T. Kolysh Thiness of the Primorsky Krai for the recovery of the amount of 75071 rubles. 98 cop. In the form of a closed joint-stock company, Metaplast Plants, as of September 1, 2012, and not listed than the plaintiff of membership trade union contributions.

The representative of the defendant at the hearing did not appear, the feedback on the claim did not provide. About the time and place of trial, the defendant is notified in the prescribed manner. The respondent's failure does not prevent the consideration of the dispute.

Considering the opinion of the plaintiff, the Arbitration Court considers it possible to consider the dispute in the absence of the defendant on the materials available in accordance with the part 1 and 3 of Article 156 of the Arbitration Procedure Code of the Russian Federation.

At the hearing, the plaintiff supported the claims in full.

After examining the materials of the case, after hearing the explanations of the plaintiff, the Arbitration Court of the Penza region established:

The defendant is the Closed Joint-Stock Company Metaplast Plant - on the basis of written statements of its employees - members of the trade union, the trade union contributions in the amount of 1% of the amounts accrued to the issuance took place from wages of these workers.

In accordance with paragraph 3 of Article 28 of the Federal Law of the Russian Federation of January 12, 1996 No. 10-FZ "On Professional Unions, their Rights and Guarantees of Activities", Article 377 of the Labor Code of the Russian Federation in the presence of written statements of employees who are members of the trade union, the employer must Monthly to transfer to the amount of contributions to the trade union organization to the trade union organization to be released from salary. At the same time, the employer is not entitled to delay the transfer of these funds.

This duty was not fulfilled by the defendant. So, the defendant so far unreasonably holds the amount of trade union contributions in the amount of 75071 rubles. 98 kopecks that pretended as of September 1, 2012, which is confirmed by the bilateral act of reconciliation of the plaintiff's debt and the defendant as of September 1, 2012 and the plaintiff at the court hearing.

In accordance with Article 1102 of the Civil Code of the Russian Federation, a person who without established by law, other legal acts or a transaction of grounds acquired or saved property at the expense of another person is obliged to return the latest unjust acquired or saved property.

Considering that the court establishes the fact of unjust retention by the defendant of trade union contributions, the size of which is confirmed by the materials of the case, the defendant's claims are not challenged, the Arbitration Court considers that the claimant's claim is subject to satisfaction in full, in the amount of 75071 rubles. 98 cop. In accordance with Article 1102 of the Civil Code of the Russian Federation.

According to Article 110 of the Arbitration Procedure Code of the Russian Federation, the costs of the state duty on the claim refer to the defendant.

Guided by Articles 110, 167-170 of the Arbitration Procedure Code of the Russian Federation, the Arbitration Court decided.

The claims of the All-Russian Trade Union of the Workers' Local Industry and Municipal Communication Enterprises in the person of the Organization to meet in full, the costs of state duty are attributed to the defendant.

To recover from a closed joint-stock company Metaplast plant, urban-type settlement. Praying in favor of the All-Russian Trade Union of Workers' Local Industry and Municipal Domestic Enterprises in the face of the organization, Vladivostok trade union contributions in the amount of 75071 rubles. 98 cop., Restored from employee wages, as well as costs for the state duty in the amount of 2751 rubles. 16 cop. The decision of the Arbitration Court may be appealed within a monthly term in the appeal instance of the Arbitration Court of the Primorsky Territory.

From the example it follows that the final act of repayment has emerged labor disputes is the actual execution of the solutions of the bodies who considered these disputes.

The decision is considered to be executed when its prescriptions are fulfilled: the entire awarded amount is paid to the plaintiff, the claimant has been restored at work, the wording of the reasons for dismissal and so on. Decisions on labor disputes are usually executed voluntarily. Otherwise, the law establishes the forced procedure for their execution. In all cases, enforcement proceedings begins, as a rule, at the request of the plaintiff - an interested employee. But it can be initiated and at the initiative of the prosecutor or the trade union organ.

The decision of the court is provided on the entry into force of it, except for the instance of immediate execution.

Trade union representatives regularly provide assistance to members of trade unions. Especially, by the way, such assistance in case of illegal dismissal of the employee.

The trade union may be the so-called procedural plaintiff - in protecting the interests of specific members of the trade union, or as a representative to speak by the defender of an indefinite circle of persons.

Therefore, it makes sense to collect applications from the trade union members about their consent to protect interests in court and on its own name to file claims to the Court of Provision, according to a collective agreement of specific rights and benefits to specific members of the trade union. The number of applications must correspond to the number of members of the trade union that has expressed the desire to protect their interests in court.

Conclusion

Summing up the study, the following conclusions can be drawn.

The main function of trade unions is the representation and protection of the rights and interests of workers in the field of labor. The named function found a legal consolidation and in Art. 352 Labor Code of the Russian Federation of December 30, 2001

The trade unions are implemented by negotiations with the associations of employers, the Government of the Russian Federation, the executive authorities of the constituent entities of the Federation, local government agencies, achieving the system of social partnership to establish the fair value of labor in the labor market, creating working conditions that meet the requirements of safety and hygiene, social Guarantees for persons who need special care of the state. Trade unions are monitoring compliance with labor legislation.

Protection of the rights of the employee for labor in the conditions that meet the requirements of labor protection, trade unions are carried out in the process of adopting regulatory acts, when conducting collective bargaining, conclusion of agreements and collective agreements, controlling compliance with labor protection legislation, participating in the permitting disputes.

Important to protect the rights of workers on working conditions that meet the requirements of labor protection has the certification of jobs for their compliance with labor protection requirements. Opinion of compulsory annexation to the labor contract of a certification passport of the workplace is supported in relation to work with harmful and dangerous working conditions.

Creating working conditions that meet labor protection requirements requires considerable financial resources. According to the author, it is necessary to strengthen the participation of the state in providing labor protection claims as through financing labor protection measures, which provided for in Part 1 of Art. 226 TC and Taxation. It is proposed to free from the tax part of the profit, which is directed to improving labor protection, including the activities provided for by agreements, collective agreements.

If necessary, trade unions organize protests, strikes, rallies, processions, picketing, conduct other collective action.

Currently, trade unions need to fully use the right of legislative initiative at all levels, despite the difficulties of passing and considering their proposals in various instances. In the interests of the working people, they seek to show activity in law-conducting on social issues, using deliberative authority to conduct an examination and give comments on projects, participate in working groups in their preparation.

It is important to note that in addition to the implementation of directly control functions of the trade union bodies, the trade union control process is indirectly implemented in the implementation of other powers recorded in Russian legislation. The most common here can be recognized representative procedures with the participation of trade union bodies and trade union participation procedures in collective measures to protect the labor rights of citizens.

In order to improve the efficiency of labor, strengthening the stability of labor relations is proposed on a broad scale to implement the travel system in enterprises. Legal instruments should serve collective and employment contracts.

Internationalization of the economy requires today from professional unions of the development of new "reservoirs" in their work, carrying out works outside the enterprise, the territory of the subject of the Russian Federation, national borders. The legal framework for the implementation of the Global Social Partnership should be protected by the Federal Law "On Trade Unions, their rights and guarantees of activity".

In conclusion, I want to say, taking into account the historical role and importance of trade unions in the protection of the labor rights and socio-economic interests of employees, in the development of democratic forms of participation of citizens in the management of economic and political processes, a democratic, legal and social state should support trade unions and To take care of legislative consolidation of their powers.

Glossary

No. P / P / P / P / P / P / P / Public Association of People related to the Common Interests by the nature of their activities, in the field of service, culture, etc. Drug Protection labor is entitled to ensure the observance of labor rights, the restoration of illegally violated rights and the establishment of labor laws and the actions of the relevant authorities of real effective liability Employers and their representatives (administration) for violation of labor legislation, its failure to fulfill, that is, for violation of the labor rights of employees. 3EGOSTOPHTO power-political organization, which has sovereignty, a special management and coercion apparatus and establishing legal procedure on a certain territory of region and establishing a legal procedure and Complete implementation of the regulations of labor legislation by all subjects of the labor law of the relationship of the relationship between employees (representatives of employees) and employers (representatives Employers), government bodies, local governments, aimed at ensuring the coordination of the interests of workers and employers on regulating public relations, which are members of the labor law, the contractual agreement between the employee and the employer, establishes their mutual rights and duties. 7 Sollective Agreeum Act regulating social and labor relations in the organization or from an individual entrepreneur and entered into employees and employer in the person of their representatives8Rebate labor law, an individual working on an employer's employer and receiving a wage at the employer, an individual, a public legal entity that has entered into Labor relations with the employee.

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List of abbreviations

ILO - International Labor Organization

RF - Russian Federation

TK RF - Labor Code of the Russian Federation

Civil Code of the Russian Federation - Civil Code of the Russian Federation

USSR - Union of Soviet Socialist Republics

Federal Law - Federal Law

10 Labor legal relations of its subjects and content.

11 Labor troughting (legal personality) of the employee, its basic rights and obligations.

12 Employer's labor legal capacity, its basic rights and obligations.

13 Legal status of the organization's head.

14 legal relations directly related to labor relations.

1. Legal legal relations and labor management.

2. Playing for social partnership, management of collective bargaining, concluding collective agreements and agreements.

15. Basement of labor legal relations

16. Social partnership in the field of labor: the concept, basic principles, levels and forms of social partnership.

17 Representatives of workers and employers.

18. Social partnership bodies and their participation in the formation and implementation of public policy in the field of labor.

19 Collective negotiations and their meaning.

20 Collective contract: Parties, content, procedure for conclusion and action.

21 agreements, their types. The procedure for developing a draft agreement, the effect of agreements.

23. The ratio of employment contract and labor relationship, the legal importance of the employment contract.

24. Urgent employment contract and its scope.

25. The general procedure for the conclusion of the employment contract and its form, guarantees at the conclusion of an employment contract, the documents submitted to the conclusion of this contract and its entry into force.

26. Labor book, its importance, the issuance of employment records and copies of documents related to work.

27. Test when receiving work.

28. Communication: internal and external., Combining professions (posts).

29. Changing the terms of the contract defined by the parties.

30. Transfer to another constant work and movement.

31. Temporary translations and their types.

32. Removal from work.

33. Classification of grounds for termination of the employment contract.

34. The grounds and procedure for termination of the employment contract on the initiative of the employer.

35. Termination and termination of an employment contract with the head of the organization.

36. Dismissal in connection with the liquidation of the organization or the termination of the employer - FL.

37. Dismissal to reduce the number or staff of employees.

38. Dismissal on the inconsistency of the work performed or occupied position.

39. Dismissal for repeated disorders of labor discipline.

40. Dismissal for a single gross violation by an employee of labor duties.

41. Termination of an employment contract for the circumstances and on the initiative of the bodies that are not part of the employment contract, independent of the will of the parties.

42. Output benefit when dismissal.

43 Personal data of the employee: the procedure for obtaining, processing, storing and transferring personal data of the employee.

44.The time of working time and its views.

Part 3 of Article 91 obliges the employer to keep records of time actually spent by each employee.

45 Work outside the normal working hours.

46. \u200b\u200bMode and accounting of working time.

47. The right to rest and warranty. Types of rest.

48. Annual paid vacation, their types and procedure for granting.

49. The procedure for granting annual leaves, their sequence, separation of holidays on the part.

50. Annual paid extra leave.

51. The concept and signs of wages, methods for its legal regulation and state guarantees for the remuneration of workers.

52. Legal protection of wages: the procedure and timing of its payment, cases of deduction from wages, limiting the amount of deduction from wages.

54. Establishment of wages and wage systems.

55. Workers' wage systems in state and municipal institutions.

56. Remuneration when performing work under special conditions and when deviating from normal working conditions.

4 groups of special working conditions:

58. Labor rationing, types of labor standards, the order of their introduction, replacement and revision.

63. Types of disciplinary responsibility.

73. Warranties and compensation to employees related to the termination of the employment contract

74. Special labor protection of women and faces with family responsibilities

75. Investigation and accounting of industrial accidents

76. Protection of labor rights and freedoms, ways to protect them

77. Responsibility for violations of labor legislation and other acts containing labor law

78. Bodies of the State Control and Supervision Observation of the Labor Zak-VA and other NPA containing labor law standards

79. Federal Labor Inspection

80. Basic rights and obligations, responsibility of state labor inspectors

81. Protection of labor rights and legitimate interests of workers by professional unions

82. Self-defense workers of labor rights

83. General characteristics of labor disputes, their classification

84. Individual. Labor disputes and procedure for their consideration and permission to CCC

85. Features Court. The procedure for consideration of individual labor disputes

86. Collective labor disputes and procedure for their consideration and permission

87. The right to strike and its restrictions. Strike, recognition of its illegal

81. Protection of labor rights and legitimate interests of workers by professional unions

The main issues solved with the participation of trade unions operating in the interests of employees are:

1) regulation of labor relations (law-making and law enforcement);

2) control over compliance with labor legislation and other acts containing labor law norms;

3) resolution of individual and collective labor disputes.

Trade unions protect the rights of their members to freely dispose of their work skills, choose a deal of activity and profession, as well as the right to remuneration for labor without any discrimination and not lower than the federal law of the minimum wage.

In relation to workers who are members of the trade union, this public organization is an unconditional representative and advocate of their rights and interests. As for employees who are not members of the trade union, in relation to them, trade unions do not have a duty, but there is the right at the request of the employee or on its own initiative to defend his labor rights, in particular when an individual labor dispute occurs (Art. 23 of the Federal Law dated January 12, 1996 "On professional unions, their rights and guarantees of activity").

In the field of legal regulation the working conditions of the trade unions are given the authority to participate in the establishment of common (collective) labor conditions(lawmakes) andapplication of the norms of labor rights(including the establishment of individual working conditions).

At the federal levelthe powers of trade unions in establishing general working conditions are expressed in the possibility of their participation in the laws of federal legislative and executive bodies. First of all, this is expressed in the activities of trade unions in the Russian trilateral commission on the regulation of socio-labor relations (RTK), under which the projects of many federal laws and decisions of the Government of the Russian Federation are preparing, as well as a discussion of projects prepared by the RTK parties.

At the subject of the subjects of the Russian Federationthe possibility of trade union participation in establishing working conditions is often wider than at the federal level. In addition to participating in regional trilateral committees to regulate labor relations, other rights granted by the federal legislation of the subjects of the Russian Federation, in many regions, trade unions have the right of legislative initiative and actively use it.

In the territorial leveltrade unions are also involved in the development and discussion of projects for regulatory acts on labor issues taken by local governments.

At the local levelthe employer makes decisions taking into account the opinion of the relevant trade union body in cases provided for by the TC RF (Art. 371).

The procedure for taking into account the views of the elected body of the primary trade union organization,representing the interests of employees organization when making local regulations,containing labor laws, provides for Art. 372 TK RF.

This order consists of the following steps.

1. In cases provided for by the Labor Code of the Russian Federation, other federal laws and other NPA of the Russian Federation, a collective agreement, agreements, the employer, before making a decision, sends the draft local regulatory act and the rationale for him to the electoral body of the primary trade union organization, representing the interests of all or most of the workers. Local regulations adopted without complying with the established Art. 372 TC Procedure for taking into account the views of the representative body of workers, not subject to use. In such cases, employment legislation and other regulatory legal acts are applied, containing labor law standards, a collective agreement, agreement.

no later than five working days From the date of receipt of the project of the specified local regulatory act, directs the employer motivated opinion According to the project in writing.

3. If the electoral trade union authority objects against the project of a local regulatory act submitted by the employer, or makes proposals for its improvement, the employer may agree with it or must in three days After receiving a motivated opinion of the electoral body of the primary trade union organization to hold additional advice With him in order to achieve a mutually acceptable solution.

4. If the agreement has not been achieved, the disagreements arising from the protocol.

After that, the employer has the right to take a local regulatory act, and the elected body of the primary trade union organization has the right to appeal it In the relevant state labor inspection or to court. This trade union body has the right to begin the procedure of collective labor dispute in the manner provided for by the Labor Code of the Russian Federation.

State Labor Inspectorate upon receipt of a complaint (statement) of the electoral body of the primary trade union organization is obliged for one month From the date of receipt of the complaint (statements), conduct an inspection and in case of identifying a violation, give the employer the order to cancel the specified local regulatory act.

The procedure for taking into account the motivated opinion of the elected body of the primary trade union organization when terminating the employment contract at the initiative of the employer consists of the following stages:

1. When making a decision on the possibility of termination of the employment contract in accordance with PP. 2, 3 or 5 h. 1 tbsp. 81 of the Labor Code of the Russian Federation with an employee who is a member of the trade union, the employer sends the relevant primary trade union organization to the electoral body project order, as well as copies of documentsThe basis for making the specified decision.

2. Elemental body of the primary trade union organization at for 7 working days From the day of receipt of the Project of the order and copies of documents, considers this issue at its meeting, determines its opinion, motivates its norms of the law by actual circumstances, adopts the procedure for this issue and writing directly to the employer in the statute of the trade union.

3. If the electoral trade union body disagreed, he for three working days Conducts with an employer or his representative additional advice whose results are issued protocol. If the general consent is unattainable on the results of the consultation, the employer after 10 working days From the date of the direction, the order of the order and copies of the documents in the electoral trade union body has the right to make a final decision.

4. The decision to dismiss the employee adopted by the employer after complying with the above procedure, may be appealed elective trade union authority in the relevant state labor inspectorate, which for 10 days From the date of receipt of the complaint (statements), considers the issue of dismissal. In the case of recognition of dismissal illegal, it issues an obligatory to the employer prescription On the restoration of the employee at work with the payment of forced absenteeism.

At the same time, neither the employee nor representing his election union bodies does not lose the right to contact the court directly, and the employer is the right to appeal to the court order to state the state labor inspectorate.

5. If there is a motivated opinion of the election body of the primary trade union organization, the employer has the right to terminate the employment contract with the employee no later than one month From the date of receipt of this opinion.

At the specified period, periods of temporary disability of the employee are not counted, staying it on vacation and other periods of absence of an employee, when the place of work is preserved (position).

Trade unions have the right to exercise public compliance (trade union) Employers and their representatives of labor Zak-VA and other NPA containing the rules of labor law, the fulfillment of the conditions of collective agreements, agreements. Having reveaning violations, trade unions have the right to demand their elimination.

Employers are required within a week obtaining the requirement to eliminate the identified violations to inform the relevant body of the trade union organization about the results of the consideration of this requirement and measures taken.

Trade unions can create control legal and technical labor inspectorate which are valid in accordance with the laws and established provisions about them. The right to create belongs to all-Russian professional unions and their associations that approve the relevant provisions on inspections. Interregional, as well as territorial associations (associations) of organizations of trade unions, if they operate on the territory of one subject of the Russian Federation, can create legal and technical inspections of trade unions and take the provisions on them in accordance with the model provisions of the relevant all-Russian trade union association.

Legal labor inspectorate Controls the observance of labor Zak-VA and other NPA containing labor law standards, except for labor protection standards. Compliance with labor protection standards is controlled technical labor inspectorate, as well as authorized persons (trusted) On the labor protection of trade unions operating directly in organizations.

Trade Union Labor Inspectors have the right to visit unhindered any employers who have members of this trade union or trade unions that are included in the association, for checkscompliance with labor legislation and other regulatory legal acts containing the norms of labor law, trade union legislation, the fulfillment of the conditions of collective agreements, agreements.

Trade union labor inspections, authorized (trusted) faces for the labor protection of trade unions have the right:

monitoring the observance of employers' employers Zak-VA and other NPA containing labor law norms;

conduct an independent examination of working conditions and ensuring the safety of workers;

take part in the investigation of accidents at work and occupational diseases;

receive information from managers and other officials of organizations, employers - individual entrepreneurs about the state of the conditions and safety of labor, as well as all accidents in production and occupational diseases;

protect the rights and interests of members of the trade union on compensation for harm caused by health care (work

put employers to suspend work in the event of the immediate threat of life and health of employees

to send employers to the idea of \u200b\u200beliminating the identified disorders of the labor institution and other NPA, containing the norms of labor law, mandatory for consideration;

carry out verification of the condition of the conditions and the protection of the less, the obligations of employers provided for by collective agreements, agreements;

take part in the work of the Test Commissions and the operation of production facilities and means of production as independent experts;

take part in the consideration of labor disputes related to violation of labor legislation and other regulatory legal acts containing the norms of labor law, the obligations provided for by collective agreements and agreements, as well as changes in working conditions;

take part in the development of federal laws and other NPA of the Russian Federation, laws and other NPA constituent entities of the Russian Federation, the NPU of the ISU bodies containing the norms of labor law;

take part in the development of projects of subtituer NPA on labor protection, establishing state regulatory requirements for labor protection, as well as coordinate them in accordance with the procedure established by the Government of the Russian Federation;

contact the relevant authorities with the requirement to bring to the responsibility of persons guilty of violation of labor Zak-VA and other acts containing the rules of labor law, concealing the facts of accidents in production.

Trade unions, their labor inspections interact with the Foiv, implementing the state. Supervision and monitoring of observance of labor Zak-VA and other NPA containing labor law standards and its territorial bodies, other federal executive bodies that carry out the F-AI on monitoring and supervision in the established sector of the children.

Commissioners (trusted) faces for the protection of the cheese of trade unions have the right to freely checkin organizations compliance with labor protection requirements and introduce Supplementary officials of organizations, employers - individual entrepreneurs proposals for the elimination of violations of labor protection requirements.

In the exercise of social control of trade unions, their inspections s. interact State supervision and control bodies.

Guarantees to employees who are part of the election collegial bodies of trade union organizations and not liberated from the main work

Cm. ** Definition of the Constitutional Court of the Russian Federation of 04.12.2003 N 421-O. **

Dismissal at the initiative of the employer in accordance with paragraph 2, 3 or 5 h. 1 Art. 81 TC leaders (their deputies) elected collegial bodies of primary trade union organizations, elected collegial bodies of trade union organizations of structural units of organizations (not lower shops and equivalent), not liberated from the main work is allowed in addition to the general order of dismissal only with prior consent relevant to the higher election union organ.

* Resolution of the Constitutional Court of the Russian Federationdated January 24, 2002 "in the case of verification of the constitutionality of provisionsparts of the second article 170 and part of the second article 235 of the Code of Labor LawsRF and paragraph 3 of Article 25 of the Federal Law "On Professional Unions,their rights and guarantees of activity " In connection with the requests of the Zernograd district court of the Rostov region and the Central District Court of the city of Kemerovo "": Applying Part 1 of Art. 374 TC, it should be not taken into account the requirements of the preliminary coordination of the relevant elective-to-her-essay union body, in addition to the general order of dismissal, when terminating the employment contract with an employee who is part of the trade union organ and not liberated from the main work, in case of repeated non-fulfillment without valid causes of labor duties, t .. When dismissing these persons under paragraph 5 of Art. 81 TCs are not required to pre-coordinate the corresponding to the higher election body, in addition to the general order of dismissal. *

In the absence of a higher election trade union body, the dismissal of these employees is made in accordance with Art. 373 TC.

Members of the electoral collegial bodies of trade union organizations, not liberated from the main work, are exempt from it to participate as delegates in the work of the congresses convened by professional unions, conferences, to participate in the work of the elected collegial bodies of trade unions, and in cases where it is provided for by the collective agreement, - Also for the time of short-term trade union student. The conditions for exemption from work and the procedure for payment of participation time in these events are determined by a collective agreement, agreement.

(see text in the previous edition)

Guarantees of liberated trade union workers (see text in the previous edition)

The employee released from work in connection with the occupation of the elected position in the electoral body of the primary trade union organization, after the end of its term, the previous work is provided (position), and in the absence of an employee with the written consent of the employee another equivalent job (position) at the same employer. If it is impossible to provide such work (positions) in connection with the liquidation of the organization or the termination of an individual entrepreneur or the lack of relevant work (positions), the All-Russian (Interregional) professional union preserves its average earnings for this employee for the employment period, but not over 6 months, but in Case of study or retraining - for up to 1 year. If an employee fails to refuse from the proposed relevant work (positions), according to the general rules, the average earnings behind it for the period of employment is not preserved.

Working hours The liberated trade union worker at the election position in the electoral body of the primary trade union organization is counted in its common and special work experience.

Guarantees of the right to work by workers who were members of the elected trade union organ

Termination of the employment contract on the initiative of the employer on the grounds provided for in paragraphs 2, 3 or 5 of the first part of Article 81 of the TC head of the electoral authority The primary trade union organization and its deputies within 2 years after the expiration of their authority is allowed only in accordance with Art. 374 TC.

(see text in the previous edition)

Responsibilities of the employer to create conditions for the implementation of the electoral body of the primary trade union organization(see text in the previous edition)

The employer must provide free to elected bodies of primary trade union organizations of his employees, a meeting room, storing documentation, as well as provide the possibility of posting information in the place available to all employees (places).

(see text in the previous edition)

The employer, the number of employees of which exceeds 100 people, freely provides for the use of elected organs of primary trade union organizations at least one equipped, heated, electrified room, as well as office equipment, communications and necessary regulatory legal documents.

(see text in the previous edition)

An employer can provide in accordance with the collective agreement to free use of the elected body of the primary trade union organization and other facilities.

(see text in the previous edition)

In the cases provided for by the collective contract, the employer deducts the funds of the primary trade union organization on cultural and physical culture and recreational work.

With a written statement of its employees who are members of the Professional Union, the employer lists the membership of the trade union organization every month for free to the account of the trade union organization of membership trade union contributions from wages of workers. Employers who have entered into collective agreements or which are subject to industry (inter-sectoral) agreements, on a written statement of non-members who are not members of the trade union, are transferred monthly to the accounts of the trade union organization of funds from the s / n of these employees.

(see text in the previous edition)

Remuneration of the head of the elected body of the primary trade union organization can be carried out at the expense of the employer's funds.

(see text in the previous edition)

Responsibility for violation of the rights of trade unions

Persons who violate the rights and guarantees of the activities of trade unions are responsible in accordance with this Code and other federal laws.

(see text in the previous edition)

 

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