Social partnership in a broad sense examples. Social partnership as a type of public relations. In which formas the partnership is implemented

Relying on similar principles of the interaction of the parties, in a number of aspects differs significantly from the social partnership carried out in the work of labor. Consider what it is noteworthy.

The idea of \u200b\u200bsocial partnership in education

Social partnership in any of the spheres of life is based on voluntary and mutually beneficial cooperation, aimed at achieving its participants to some common social goals. His rules for interacting on labor relations are sufficiently outlined (Section II of the Labor Code of the Russian Federation) and belong to the relationship between "Employees - Employer" with the possibility of participating in them government agencies.

Social Education Partnership, on the basis of its own, having the same idea (voluntary mutually beneficial cooperation to solve common tasks), does not like legislative base And, although it is based on similar principles of the interaction of the parties, only those of them use that are sufficient to achieve their goals:

equality of participants;
mutual respect;
interest in the results;
freedom of discussing questions of interest;
voluntary commitment to commit;
a responsibility.

The composition of partners in the field of education is formed depending on the level of educational institution and tasks to be solved, and therefore cannot be uniquely regulated. It is always involved in the school and the student itself, at the level of the DOW and School in this circle, also include parents of the student. A higher level of educational institution determines and a wider range of persons interested in social cooperation with him. With an increase in levels, emphasis in matters of determining the partnership initiator may be shifted:

in a preschool educational institution (DW), the institution itself is usually becoming;
in relations with the school, which is an intermediate step between the Dow and an educational institution, giving vocational education, they can act as a school and both bordering educational institutions;
in partnerships with the institution of vocational education, there is an interest in state bodies, employers, employment services, schools, and they can become their initiator.

Objectives of social partnership in education

For any of the educational institutions, the main task of social partnership will increase the quality and effectiveness of education, i.e. the improvement of those activity indicators for which they were created. However, at each of the levels of the educational process, the priority will be its range of tasks solved social partnership in education:

in addition, the focus is on the adaptation of the child in the team, the development of communication abilities, the awakening of curiosity, identifying special abilities;
the school gives the student basic knowledge necessary for further vocational training, helps in vocational guidance, develops a horizon, ability to communicate, organization, self-organization, management, creativity;
vocational education institutions are preparing future workers who have the necessary knowledge and elementary experience in the relevant professions, which will be in demand in the labor market.

Between these levels, there is quite close interaction, thanks to which there is a less painful and more targeted transition of students from one level to another. Educational institutions of vocational education, in addition, are to a certain extent interested in the further employment of their graduates, since the further demand of the professions received and the requirements for the degree of specialist preparedness depends.

At the present stage, the agreed partnership relations between the school and institutions of vocational education, on the one hand, government agencies, employers and other partners interested in specialists, on the other hand, are allowed on the basis of ownership actual information On the need of B. professional personnel Quickly solve issues such as:

reorientation to preparing persons of more sought-after professions;
changing the requirements for professional knowledge, allowing to raise the quality of training of specialists and the degree of their competitiveness;
development in future employees of certain moral and business qualities, which cause their responsible attitude to work and the successful performance of their functions.

Types of social partnership in the field of education

Partnership in education can take a wide variety of forms. Their circle will obviously be wider than in partnership in the field of labor, since not only is not limited to anything, but also leads to the emergence of new effective forms.

The basis of the types of interaction between partners will be the exchange of information (forecast or relevant), which allows to manage the process of education. At the level of the DOW and School, the partnership most often acquires the nature of cooperation not issued by contractual relations, while in social cooperation with the establishment of professional education a contract (agreement) becomes the most important form of relationships. Contractual relations may occur in the field:

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

The role of state bodies that perform functions on the collection, systematization of data on regions, analysis and forecasting situations for the development of the economy and the demands of specialists, the adoption of legislative acts necessary to regulate the provisions of legislative acts are provided in education.

Social partnership in Dow

Dow, along with the child's family, forms in it the basic characteristics of the personality, which subsequently determine many life attitudes for it and, in particular, the horizons, the choice of profession, the possibility of professional growth, the comfort of existence in the team.

Social partnership in Dow may occur:

inside the Dow with the involvement of parents, the pedagogical council of the Dow, pedagogical teams of schools, specialists in any specific areas;
at the region level with the participation of organizations of other areas of activity (health, culture, sports, social protection).

Forms of social partnerships become:

various joint events (concerts, holidays, performances, competitions) both in the Dow and beyond;
lessons, meetings, cognitive trips;
open days;
general parent meetings;
individual work with family;
consulting parents, conducting seminars, trainings;
individual preparation of children to school.

Social partnership in school

At school social partnership It becomes important in such aspects as:

development of communication skills and adaptation in the team;
civilian patriotic education;
maintaining and promoting health;
obtaining knowledge complementing the school curriculum;
familiarity with the professions and places of work of parents;
help in employment during school holidays;
cooperation with DW to prepare children to enter school and with educational institutions of a professional orientation in the vocational guidance.

At this level, the partnership is never limited to internal activities of the educational institution and is often carried out outside the school or by conducting events outside it (Olympiad, competitions, trips, hiking, lectures), or by attracting part-of-party schools and organizations to work in the school. performances, enhanced study of a foreign language, special lecture courses).

Social partnership in vocational education institutions

These institutions in terms of compliance with the needs of students and employers are most influenced by changes in the labor market, which makes them promptly respond to these changes, i.e. leads to the need for constant self-improvement.

Change information is based:

on predictive data on the demand of certain professions and prospective plans for the development of territories derived from state bodies;
employers' requests;
current employment service data;
requests of students to certain professions.

The optimality of the ratio of the status of the labor market and the possibility of employment on it newly trained specialists determines the timely and thorough analysis of the trends identified. The lack of such analysis when orientation only on requests for students in relation to future professions can create a situation in which the specialists issued will be unclaimed, and the labor market will have unfilled vacancies on other specialties. Therefore, it was at this level that the role of the state in creating a flexible education system and in managing it becomes particularly important.

The social partnership here may occur in such forms as:

development of curricula and qualification requirements to specialists;
conducting production practices in certain enterprises;
monitoring the labor market;
retraining of specialists in agreed programs;
internship of teachers at partner enterprises;
creation of joint consulting bodies;
implementation of joint projects;
attracting partner funds to finance reforming the learning process;
state subsidies or tax breaks for enterprises involved in the process of training specialists.

RESULTS

Social partnership in education It is carried out according to its special rules that allow you to attract a fairly wide range of persons to it. With an increase in the level of partnership, the share of participation in it of third-party organizations and state bodies is increasing.

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

The Labor Code of the Russian Federation defines the social partnership in the field of labor (more often called the social partnership) as a system of relationships between employees (representatives of employees), employers (representatives of employers), bodies state power, local governments aimed at ensuring the coordination of the interests of workers and employers on the regulation of labor relations and other, directly related relations.

Parties to social partnership are employees and employers in the person of their representatives. Public authorities and local governments are parties to the social partnership in cases where they act as employers.
Social partnership is carried out in forms:

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

Social partnership is carried out on six levels, including:

federal Levelwhich establishes the basics of regulation of relations in the field of labor in Russian Federation;
interregional levelwhich establishes the basics of regulating relations in the field of labor in two or more subjects of the Russian Federation
regional levelwhich establishes the basics of regulating relations in the field of labor in the subject of the Russian Federation;
sectoral levelwhich establishes the basics of regulating relations in the field of labor in the industry (industries);
territorial levelwhich establishes the basics of regulating relations in the field of labor in the municipality;
local levelwhich establishes the obligations of employees and employer in the field of labor.

The basic principles of social partnership enshrined in Art. 24 TK RF, are:

compliance with the norms of legislation: All parties and their representatives must comply with the norms of labor legislation and the requirements of other regulatory legal acts containing labor law standards
plenipotimity of representatives of the Parties: Requires documentary written confirmation that this person is a representative of such a party with such powers;
equality of the parties as in the negotiation initiative, their jurisdiction and signing of collective agreements and agreements and in controlling their implementation;
respect and accounting of the interests of the parties;
interest in Party in participation in contractual relations;
freedom of choice and discussion of issuesmaking up the content of collective agreements and agreements determined by the parties freely without any external pressure on them; Every intervention is prohibited, restricting the rights of the parties, especially employees (Art. 5 of the Labor Code of the Russian Federation);
voluntary commitment: Each Party assumes obligations under the collective agreement or a social and partnership agreement by consensus, yielding to each other, but voluntarily, that is, one party may not accept the obligation that another party wants to have in a contract (given The principle is associated with the previous one, because without freedom there can be no voluntary of the parties);
reality of obligations taken by Parties: The party should take on an agreement, agreement such an obligation, which it is really able to fulfill, and not take declarations in the form of obligations (this principle is closely related to the previous one);
systemativity control on the implementation of collective agreements, agreements;
obligibility collective contracts, agreements and responsibility for their failure.

Organs Social partnerships are commissions for regulating social and labor relations. Note that social labor Relations - The concept is wider than labor relations. They include labor relations, social security relations and domestic services, i.e. all relationships social sphere. These Commissions are being created for collective bargaining and training projects of collective agreements, agreements, for their conclusion and control of their implementation at various levels. Tripartite Commissions are created on a parity basis by decision of the parties and from their representatives endowed with relevant powers.

On the federal level The permanent Russian tripartite commission on the regulation of socio-labor relations is formed, whose activities are carried out in accordance with federal law. Members of the Russian Trilateral Commission on the Regulation of Socio-Labor Relations are representatives of the All-Russian associations of trade unions, all-Russian associations of employers, the Government of the Russian Federation.

The constituent entities of the Russian Federation may form a tripartite commission on the regulation of socio-labor relations, whose activities are carried out in accordance with the laws of the constituent entities of the Russian Federation.

In the territorial level, trilateral commissions on the regulation of socio-labor relations, whose activities are carried out in accordance with the laws of the constituent entities of the Russian Federation, provisions on these commissions approved by representative bodies of local self-government.
In the industry (intersectoral) levels may form sectoral (inter-sectoral) commissions on the regulation of socio-labor relations. Industry (inter-sectoral) commissions can be formed both on the federal and interregional, regional, territorial levels of social partnership.

At the local level, a commission is formed for collective bargaining, the preparation of the draft collective agreement and the conclusion of a collective agreement.

Representatives of workers In social partnerships are: Professional unions and their associations, other trade union organizations stipulated by the Charters of all-Russian interregional trade unions, or other representatives elected by employees in cases provided for by the Labor Code of the Russian Federation.

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

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

Representatives of employers During collective bargaining, the conclusion or change in the collective agreement is the head of the institution or their authorized persons. When concluding or changing the socio-partnership agreements at different levels, the resolution of the emergence of collective labor disputes, the activities of the relevant trilateral commission of employers presents the appropriate union of employers.

In our time, collective negotiations most reflect the social partnership of workers and employers in the field of labor.
Collective negotiations between employees and employers appeared in the second half of the XIX century in industrialized countries to resolve conflicts. The international organization of labor has provided them with the IL98 (1948) "right to organize and for collective bargaining" in 1981, and in 1981 ILO adopted Convention No. 154 "On promoting collective negotiations".

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

Representatives of the Parties that prompted writing about the beginning of collective bargaining, are obliged to enter into negotiations within seven calendar days From the date of receipt of the specified proposal by sending the initiator of collective negotiations, the answer indicating representatives from its part to participate in the work of the Commission on collective bargaining and their powers. The day of the beginning of collective bargaining is the day following the day after the day of obtaining the initiator of collective negotiations of the specified response.

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

Priority in determining the subject, the content of the negotiations was provided by representatives of employees. Negotiation and preparation of contracts, agreements are carried out by partners on an equal basis. For this, their decision is determined by the Commission, its composition (on parity bections), timing.

At the disagreement of the parties during the negotiations, the draft disagreement is drawn up, which is transferred to the relevant conciliation commission to resolve the collective labor dispute formed by the parties.

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

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

Collective agreement – this is a legal act regulating social and labor relations in the institution and employees concluded with the employer Representatives in the person of their representatives.

In this concept, the parties and content of the collective agreement are briefly indicated. It is always a bilateral act.

Agreement - This is a legal act, regulating social and labor relations and establishing general principles for regulating related economic relations, concluded between the authorized representatives of employees and employers on the federal, interregional, regional, industry (inter-sectoral) and territorial levels of social partnership within their competence.

By agreement of the parties involved in collective bargaining, agreements may be bilateral and tripartite.
Agreements providing for complete or partial financing from relevant budgets are subject to the obligatory participation of the relevant executive authorities or local governments, which are the party to the agreement.

Social partnership and its role in regulating social and labor relations

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

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

TO basic principles of social partnership relate:

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

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

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

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

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

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

7) refusal of unilateral actions that violate agreements;

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

Social partnership system

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

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

are the initial stage of the procedure for developing and concluding and change collective agreements, agreements.

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

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

The procedure for conducting collective bargaining:

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

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

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

Collective agreement - Local normative act, regulating labor and socio-economic relations between the employer and employees workers. It is always a bilateral act. A collective agreement may be in both the organization as a whole and in its separate divisions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Similar information.

A. V. Tychovodova

Social Partnership: Essence, Functions, Development Features in Russia

The work is represented by the Department of Philosophy and Social Sciences of the Volga State Academy of Water Transport. Scientist - Doctor of Philosophical Sciences, Professor A. A. Vladimirov

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

In The Article The Meaning Of Social Partnership, ITS Functions, Principles and Conditions of their Establishment Are Examined. The Peculiarities of the Social Partnership, The Peculiarities of the Social Partnership, The Peculiarities of The Formation of Intersector Cooperation in Russia Are Also Examined in the Article.

The scale and complexity of social problems in modern Russia requires the search for new effective ways to solve them. The need to establish a social partnership becomes increasingly relevant, that is, the systems that would meet the leading trends in the global development of the social sphere. There are many conceptual approaches to the study of the interaction of society's social structures. In general, the Company is considered as a complex systemcharacterized by social quality system qualities and properties, such as structure, self-organization, adjustability, stability, dynamism. The structure of society develops due to the fact that every person, satisfying its needs and implementing its interests, enters into public relations and occupies a certain place in the system of these relations. Social differentiation originating and forms a social structure. The structural elements of society can develop, disintegrate and occur again, some segments can strengthen the system, others - destabilize it, but

sustainability remains assessed and at the same time dynamism of development.

The present development of Russia is largely characterized by an active and often contradictory process of forming three sectors, characteristic of any society with a developed institutional structure: state, commercial and non-commercial. Special actual questions The management of the state, economy and social life becomes during periods when old standards, values, installations for one reason or another are discarded, and new ones are still formed. In this regard, the key task facing modern Russia is to provide sustainable and safe socio-economic development in the context of the interaction of structural elements of society.

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

the countries of the so-called third world consuming the search for other approaches. In the focus of public and political attention today the initiatives of citizens who are united in the community commercial organizations and public movements. The meaning of the social partnership consists in constructive interaction between state structures, local governments, commercial enterprises and non-profit organizations. The term "partnership" suggests a completely defined form of relations arising in the process of social actors to achieve common goals. If the objectives of these subjects do not coincide, the issue of compromise, the achievement of consensus is raised. The basis of these relationships is undoubtedly social interaction. Social interaction performs various functions in society: stabilizing, consolidating, destructive. It is the stabilizing function of -Mukhanism that ensures the development of a democratic society as a whole and its individuals. This feature can successfully comply with the social partnership as one of the forms of manifestation of social interaction. Although social interaction at a certain stage of development of the democratic state generates a social partnership, the latter can be carried out not only through this mechanism, but also to form its own. Social partnership has already been social interaction as one of the forms of the last of the latter, embodying it stabilizing and harmonizing functions. I. M. Model, B.S. Model offered to consider "social partnership and as a way of cooperation in the field of federal relations, the form of organic interaction of diverse subjects of these relations, which allow them to express their interests in the context of the search so

called civilized means of harmonization "1.

The nodal element around which or on the basis of which the social partnership is formed is a social problem. Such interaction is necessary that joint efforts to solve significant negative social phenomena (poverty, homelessness, orphanhood, domestic violence, environmental pollution, etc.). The establishment of partnerships contributes to a decrease in social tensions, eliminates elements of confrontation, conflict and lays the foundations of stability, public order.

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

Representing the interests of the local community, local self-government within their authority provides the possibility of the most effective solution to social problems through the implementation of specific projects. It acts in conjunction with public associations and business representatives interested in the development of the local community. The non-commercial sector is currently being analyzed by scientists as the most important part of civil society, on the one hand, and as a system for creating and delivering the consumer of public benefits. The democratic, voluntary nature of the non-profit sector, based on the incomparable nature of a conscious civil initiative, is particularly noted. This is exactly what is distinguished by the third sector from the state and brings it closer with structures. market economy. For NPOs, such a definition appeared: "Business, who has a public mission." NPO, professional associations, independent analytical centers offer new ideas, solutions, social technologies, ensure civilian control over the actions of power, attract volunteers to work. Public associations express the interests of certain groups of the population and put forward new value guidelines. Business and Associations of entrepreneurs provide charitable donations, as well as the opportunity to use the experience and professionalism of competent managers in solving socially significant problems.

Of course, the possibilities and role of the parties as part of the social partnership of unequal. If the role of commercial organizations is mainly in the possibilities of financing, and the role of state structures is also in the use of power levers, the public associations form and organize a unique resource: social initiative

devils of citizens. And it's not just that the organization of the third sector "closer" to the population and when providing services can act more flexibly, efficiently and "humane" than state institutions. In their activities, they embody new (alternative) values \u200b\u200band priorities. First of all, these are values \u200b\u200band priorities of groups with unequal capabilities that are deprived of access to power and information. Public organizations "voiced" the needs of these people, usually first formulating a social problem.

Social partnership is based on well-defined rules. This is a social action based on a sense of human solidarity and shared responsibility for the problem. It can be said that the social partnership occurs when representatives of the three sectors begin to work together, realizing that it is beneficial to each of them and society as a whole. Social partnership is based on: on the interest of each of the interacting parties in finding ways to solve social problems; combining the effort and capabilities of each of the partners to implement them; constructive cooperation between the parties in the resolution of controversial issues; the desire to find realistic solutions of social problems, and not to imitation of such a search; decentralization of solutions, the absence of state paternalism; mutually acceptable control and accounting for the interests of each partner; The legal validity of the "cooperation" providing beneficial to each side and society as a whole conditions of interaction. Decisive here are mutual usefulness, mutual interest of the parties, self-restraint, respect and accounting of partners' interests. They are equal in the choice of paths and means of achieving a common goal, while maintaining independence and following the principle of non-interference in the case of the other party. Specified relations

constructed on the basis of trust, respect, goodwill, equality, freedom of choice, the obligation of the fulfillment of the agreements reached. Formal moments in these relations are clearly out of informal, which to a certain extent facilitates the interaction, leveling personal sympathies. Another principle of building and successfully functioning a social partnership is compliance with the norms of federal and regional legislation.

You can allocate objective and subjective conditions for the establishment of a social partnership. The objective includes: democracy and civil society, the need for social partnership, the formation and institutionalization of group interests, organizational and legal and political establishments of the state in terms of regulating the interests of the participants in the relationship in question. But all these conditions will remain potential in the absence of a subjective factor. The will and awareness of the commonality of the goals of participants in social partnership are needed, their willingness to follow the standards recorded in the relevant documents, the availability of a system of effective sanctions for violating the norms of social partnerships, the development of civil participation traditions. The successful development of each of the sectors is impossible without interaction with other sectors. In this regard, it is customary to talk about intersectoral interaction as a necessary element of nationwide management efficiency.

The emergence of social partnership in Russia was associated with public movements and local governments (Zemsky traffic). With the support of the zemstroms (and in some cases and state power), there was the first experience of solving socially significant problems "the creative union of different sense of intellectual directions with

a wide scale of young, patient capital "2.

In Russia, for the first time, new forces appeared to solve social issues. These are local elected self-government, social movements (scientific and cultural societies, the movement of labor assistance), the charity of industrialists and financiers.

The formation of social partnership in Russia was very limited, and his success is incommensurable with the scale of the existing social conflicts. Charity could not eliminate poverty and smooth the sharpness of the contradictions between entrepreneurs and workers, landowners and peasants. Social conflict led to the revolution of 1917

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

As for the specifics of the formation of sectors in modern Russia, the currently based on the business civil initiative has emerged. private business - Sector, and the public sector has undergone significant changes associated with a reduction in the monopoly effect on the industrial and social spheres. At the same time, a non-governmental non-commercial sector based on civil initiatives in the non-productive sphere began to be formed. In recent years, a significant experience of intersectoral interaction has been accumulated in Russia, summarizing which several models of cooperation can be distinguished: information exchange; Conducting joint charitable shares and other events of a different nature; Systematic support for social initiatives, including through the provision of premises, providing advisory services, payment of expenses, etc.; the development of public-public administration forms, including due to the creation of permanent round

tables, uniting representatives of the three sectors, at the level of municipal accounting or subjects of the Russian Federation; Financing the social sphere on a competitive basis.

At the same time, there are a number of problems associated with intersectoral interaction. E. M. Osipov divides them into two blocks: profile intracerector problems and problems directly the most intersectoral interaction3. The first block includes the following: insufficient professionalism of participants, information hunger and the absence of a common information space, the weakness of associative connections and the closeness of non-governmental organizations, misunderstanding of the particular sectors of partner problems. The problems of the second block: the lack of legal support of the interaction, the lack of mechanisms of interaction, based not only on personal contacts.

The building of the relations of the state with civil society organizations and the business is not carried out not within the framework of the three-sided cooperation, but according to the separatic not related to each other channels. In relation to business, this channel is the Council for Competitiveness and Entrepreneurship under the Government, and in relation to NPOs - public chambers (general and regional and regional). The approval of a similar model of interaction puts civil society organizations outside the public policy field, and without being able to participate in equal in mechanisms of direct and feedback with the state, they lose incentives for increasing activity.

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

either break and at her place to create a modern system of tripartite partnership, or to rebuild it to be fundamentally so that it is able to make this kind of partnership. To such a system, you need to go gradually to, leaving new frontiers and mastering them, move on.

The most appropriate participants in the updated system from civil society could be public chambers, or rather, the plenipotentists delegated by them. Representatives of absolutely different areas of activity, which, as about specific and more general socio-economic issues, are widely represented as part of the chambers, which also depends on our nearest and more distant future. These people could contribute to the existing system not only their knowledge and their experience, but also to make it a truly efficient and effective. Put the beginning of improving the social partnership system in Russia may initiative or from authoritative circles of political power, or from the Public Chamber and its Committees, or from those and others at the same time. Other options are possible, given the potential of the expert community.

The dialogue type of relations of society with the authorities is the guarantor of the achievement of civil consent. Principles of social partnership - subject to their awareness and adoption by the political and economic elites of the Federal Center and the subjects of the Russian Federation - can become an effective tool for the humanitarian reconstruction of the main spheres of life in Russia.

Notes

1 Model I. M., model B. S. Social partnership under federalism: in order of discussion of the problem // Polis. 2000. No. 2. P. 174.

2 Librackina M. I., Nikonova L. S. Social partnership: interaction between state, commercial and public structures. Experience in the curriculum. M.: Foundation "Institute of Economics of the City", 2001. P. 49.

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

With all the objective conditional of the participation of workers in addressing management issues, it is impossible not to take into account the fact that the economic interests of the subjects of labor relations are opposed to the opposite, which is the basis for the occurrence of conflicts between labor and capital. This opposite of interest is laid in the very being of relations in the field of wage labor and cannot be overcome by the so-called enlightened management, nor the absence from employees of the requirements for changes in working conditions. The real situation that develops in the field of wage in society is determined by the nature of the fundamental conflict of the interests of the parties to the labor relations in a specific historical environment and is objectified in specific ways to resolve those or other problems arising within the indicated conflict. A modern economically developed society proceeds from the fact that, along with the conflict of interest, workers and the employer, there are generality of interests that the company works more and more efficiently, the higher the level of working conditions and social services for workers. Accordingly, both the employer and employees are ultimately interested in stabilizing labor relations and ensuring the competitiveness of the enterprise (business). However, the need to ensure social cooperation in the organization is recognized far from all employers who are confessing an exceptionally ordinar style of communication, and representatives of employees who continue to act in the spirit of class struggle. However, the Russian society itself, who has known and the period of capital suppression period, and the period administrative management From the Unified Center, currently recognizes the priority of social dialogue in production as the most appropriate decision mechanism regarding the rules for regulating relations in the field of wage labor.

The system of interaction of workers and employers in the field of labor management in Russian legislation received the name "Social Partnership".

Legislative definition of social partnership is given in TC.

Social partnership - The system of relationships between employees (representatives of employees), employers (representatives of employers), government bodies, local governments aimed at ensuring the coordination of the interests of workers and employers on the regulation of labor relations and other directly related relations (Art. 23 of the TC) .

At the same time, it is stipulated that state authorities and local governments are parties to the social partnership in cases where they act as employers or their representatives authorized to represent legislation or employers, as well as in other cases provided for by federal laws.

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

So, A. M. Kurenni noted that "social partnerships is not a system of organs formed by a fiscal order with the help of regulatory acts, but the principle of building relationships in the field of labor between real social partners in search of relevant decisions that promote social justice."

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

The interesting position of G. Yu. Semigina, allocating two aspects of social partnership. From a national point of view, he considers the social partnership as a relationship system of various social actors, which are focused on the priority achievement of national interests, without increasing the interests of group and corporate, i.e. Considering them. Considering the structure of the social partnership, he will give it a definition of as a totality of bodies and organizations created from representatives of employees of hired labor, employers and the state for regulating mainly socio-labor relations.

According to M. V. Lushnikova and A. M. Lushnikova, social partnership is a cooperation system of relationships between employees, employers and the state to ensure social stability, expressing in mutual consultations, negotiations, achieving and conclusted by the parties to collective agreements and agreements, making joint decisions.

A. F. Nurtdinova notes that the social partnership is, on the one hand, a system of cooperation between employees and employers, on the other, is the ideology of such cooperation.

Finally, E. M. Strezh determines the social partnership as a way of organizing joint activities to protect, coordinate and create the balance of opposing interests of employees and entrepreneurs, which is achieved mainly through negotiations and compromise with the regulatory role of the state, as well as the process to prevent and resolve the emerging In connection with these conflicts in the socio-labor field.

As we can see, scientific identification of social partnerships are quite significantly different from its legal definition, which is based on the idea of \u200b\u200bthe phenomenon under consideration as a system of relationships between employees and their representatives, employers and their representatives, government authorities, local government aimed at ensuring coordination Interests of workers and employers. At the same time, any relationship between employees and employers ultimately is aimed at harmonizing their interests or their implementation. So concluding labor contractThe worker and employer coordinate their interests, but no one characterizes these relationships as socio-partnership. At the same time, when monitoring the implementation of the collective agreement, the parties of this contract do not coordinate their interests, but the relationship arising between them is considered as an element of socio-partnership interaction.

The legal definition of the social partnership speaks of the relationship between the parties on the regulation of labor relations and other directly related relations, which directly correlates from Art. 1 TC, which determines the circle of social relations regulated by labor legislation. At the same time, legal definitions of the concepts of "collective agreement" and "Agreement" (Art. 40, 45 TC) are used as public relations regulated by the legal acts of social partnership "Socio-labor relations" and "related economic relations", definition which is absent in law.

The scientific definitions of the concept of "social and labor relations" are generally different from each other.

So, I. I. Andrianovskaya determines social and labor relations as relations related to the use (use) by an employer of professional, intellectual and other abilities of the employee, considering them as a generalized concept associated with the use of work of any employee regardless of ownership and forms economic activity. It also refers these relationships and believes that it is advisable to consider it widely - like any relations that develop in the process of working. Accordingly, the term "social and labor relations" in the semantic plan is more wider than the term "labor relations", reflecting the entire set of relations related to the use of workers' work.

I. V. Chernyshova considers social and labor relations as social relations, which arise in the production and distribution of goods, the provision of services, the performance of work in the process of an unicurbish, contractual, hired labor subordinate to the employer.

According to V. M. Lebedev, social and labor relations are public relations with the employer's public relations (his representatives) with the employer (its representatives) and other subjects of labor law and productive, compensable, safe use of labor to achieve those goals that are formulated by the owner of the production tools for their business. It believes that this concept can be used as a generic concept, which are united by all public relations governed by the norms of labor law.

At the same time, V. A. Vasilyev marks the narrower definition of social and labor relations - these are related to labor relations between employees (representatives of employees), employers (representatives of employers) or between them and state authorities, local governments to ensure mutual rights and duties, satisfaction of the material, cultural, domestic needs of employees in accordance with the potential, level of economic development of the organization, industry, subject of the Russian Federation, society.

Specialists in the field of labor economy are considered by social and labor relations the relationship between people, developing in connection with and about: organizations and productivity of labor (work); Places and roles of a person in the production, receipt of labor remuneration, assigning profit and income from property; reproduction of labor (its formation, distribution, use); Qualities of labor life and social security. As part of socio-labor relations, they allocate two enlarged groups: labor relations, developing directly due to labor activities, and social relations caused by labor activities (relationships about employment, unemployment, the formation of labor ... pension and other social security, level and quality of life, etc.).

Summing up the positions of scientists who considered the circle of social relations to be coordinated during the socio-partnership interaction of workers and employers, it should be noted that scientific and legislative differences between the concepts of "labor relations and other directly related relations" and "social and labor relations" It practically does not exist, so you should agree with N. I. Diveyeva, which stated the practical inability to distinguish between these concepts, which does not exclude reproach to the legislator, which should be used by a single terminology.

In general, as we see, scientific definitions of social partnership are very diverse. On the one hand, it is considered as a way of regulating relations in the field of labor, and on the other, it is investigated as a social system of a particular society.

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

At the same time, social partnership acts as the Institute of Social Policy, with which the social functions of the state are being implemented and are provided. class world and calm in the country. With these positions, the social partnership is the only possible alternative to the class struggle and the power methods of resolving the conflict of labor and capital.

The essential specificity of the formation of relations between social partnership in the Russian Federation at the present stage is their formation in the conditions of refusal from the centralization of regulation of labor relations. The weakening of the state's intervention in labor relations, the formation of the economy independent of the state bodies significantly increase the role of local regulation, as part of which the contractual forms of rights and duties of the participants in the labor process are determining.

Eventually social partnership It is possible to determine as a method for regulating social and labor relations between employees (their representatives) and employers (their representatives), based on mutual accounting of the interests of each Party, respect for these interests and the refusal of the strengths of interaction.

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

Thus, under the partner usually refers to some joint activities of subjects that are not related to the relations of power - subordination. Usually it is customary to talk about the partnership in relation to the sphere of commercial turnover (in the civil and legal sphere) or interstate relations (in the international legal sphere) in which it is fully manifested as the joint actions of partners, the purpose of which is to achieve the maximum benefit of both. Partners in relations with third parties act as a whole, united by common aspirations, which can be implemented precisely in relations with third parties. Naturally, in relation to the relationship between workers and employers to talk about the United States common goal Not falls. In addition, the primary subjects of the labor market - employees and employers are not equal, but are among themselves in the relations of power - subordination. Already, by virtue of this, it is not necessary to talk about partnerships between them.

The social partnership is generally designed to maximize the mutual interests of the subjects of labor law, and the interaction of partners is directed, figuratively speaking, not on the third side, but on each other.

Therefore, it would be more correct in this case, we are not talking about social partnership, but about social cooperation or about social dialogue. At the same time, in this, we enter the path of the dispute exclusively about the terms, and not about the being of this phenomenon. The term "social partnership" is used in Russian legislation for more than 20 years, and its replacement for another, even more suitable for its description, it seems unnecessary, as it can give rise to only unnecessary discussions, and not only scientific, but also practical plan What is capable only to harm the real dialogue between the subjects of the social partnership.

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