Wage labor and its legal regulation. Wage labor

The first trade unions (English trade union - trade union) were created at the end of HULE Art. in England. However, their appearance caused resistance from both employers and the state. With the aim of suppressing them, criminal liability was introduced for trade union organizers and legislation was created, which considered unionization as a criminal conspiracy. Under pressure from the labor movement, trade unions were first recognized in England. The law of the "trade union" of 1871 cited their definitions, disclosed the content of their legal status and divided them into registered (legal) and unregistered (illegal).

Trade unions (one of the oldest public organizations of workers in Ukraine) were created in 1905 and began to operate legally on the basis of the Provisional Regulations on Societies and Unions, approved on March 4, 1906. The creation of trade unions was allowed only on a professional basis. They could be joined by persons engaged in homogeneous or interrelated work and trades. The organization of trade unions by employees of government agencies was prohibited.

According to Art. 23 of the Universal Declaration of Human Rights, everyone has the right to form and join trade unions to protect their interests. The 1966 International Covenant on Economic, Social and Cultural Rights concretized this right and declared that states undertake to ensure:

a) the right of every person to create trade unions for the implementation and protection of their economic and social interests and to join them at their choice, subject to the only condition of observing the rules of the relevant organization. The exercise of this right is not subject to any restrictions other than those provided by law and necessary in a democratic society in the interests of state security or public order or to protect the rights and freedoms of others;

b) the right of trade unions to form national federations or confederations and the right of these latter to found international professional organizations or join them;

c) the right of trade unions to function freely without any restrictions other than those provided by law and necessary in a democratic society in the interests of state security or public order or to protect the rights and freedoms of others.

In part 1 of Art. 36 of the Basic Law of Ukraine, the right of citizens of Ukraine to freedom of association is guaranteed, in particular, to public organizations for the exercise and protection of their rights and freedoms and the satisfaction of economic, social and other interests, with the exception of restrictions established by law in the interests of national security and public order, protection public health or protection of the rights and freedoms of other people. Citizens have the right to participate in trade unions in order to protect their labor and socio-economic rights and interests.

The peculiarities of legal regulation, the foundations of creation, rights and guarantees of trade unions' activity are determined by the Law of Ukraine of September 15, 1999 "On trade unions, their rights and guarantees of activity" Chapter XVI "Trade unions. Participation of workers in the management of enterprises, institutions, organizations" and articles some chapters of the Labor Code of Ukraine, the decision of the Constitutional Court of Ukraine and other legal acts.

According to Art. 1 of the Law of Ukraine "On trade unions, their rights and guarantees of activity", a trade union is a voluntary non-profit public organization uniting citizens bound by common interests in the type of their professional (labor) activity (training). The activities of trade unions are based on the principles of legality and transparency. Trade unions and their associations in their activities do not depend on state authorities and local self-government bodies, employers, other public organizations, political parties, they are not accountable and not controlled by them. Interference of state authorities, local self-government bodies, their officials, employers, their associations in the statutory activities of trade unions, their organizations and associations is prohibited.

Citizens of Ukraine have the right, on the basis of free expression of will, without any permission, to create trade unions, to join and leave them on the conditions and in the manner determined by their charters, to take part in the work of trade unions. Foreign nationals and stateless persons cannot form trade unions, but can join trade unions if provided for by their statutes. Members of trade unions can be persons who work at an enterprise, institution or organization, regardless of the form of ownership and types of business, an individual who uses hired labor, persons who provide themselves with work on their own, persons studying at an educational institution. Citizens are free to choose the trade union they wish to join. The basis for joining a trade union is an application of a citizen (employee) submitted to the primary organization of the trade union. When a trade union is created, admission to it is carried out by the constituent assemblies. No one can be forced to join or not join trade unions. The statutes (regulations) may provide for a restriction on dual membership in trade unions. Employers cannot be members of elected union bodies at any level.

Restrictions on membership in trade unions are established exclusively by the Constitution and laws of Ukraine. According to Art. 16 of the Law of Ukraine "On the Constitutional Court of Ukraine" judges of the Constitutional Court of Ukraine cannot belong to trade unions. The peculiarities of the application of the Law of Ukraine "On Trade Unions, Their Rights and Guarantees of Activity" in the Armed Forces of Ukraine (for military personnel), the internal affairs bodies, the Security Service of Ukraine are established by the relevant laws. So, according to Art. 6 of the Law of Ukraine of March 25, 1992 "On the Security Service of Ukraine" for the period of service or work under an employment contract, the membership of employees of the Security Service of Ukraine in such associations is suspended. As an exception, membership of employees who have entered into an employment contract with the Security Service of Ukraine in trade unions is allowed. Affiliation or non-affiliation with trade unions does not entail any restrictions on labor, socio-economic, political, personal rights and freedoms of citizens guaranteed by the Constitution and laws of Ukraine.

Trade unions and their associations are created with the aim of representing and protecting labor, socio-economic rights and interests of trade union members in state and local government bodies, in relations with employers, as well as with other associations of citizens. The forms of implementation of the protective function of trade unions include: a) participation in relations of social partnership, including relations to establish working conditions at the enterprise:

b) participation in the application of the established working conditions at the enterprise:

c) participation in the resolution of labor disputes; d) exercising trade union control over the observance of labor legislation and labor protection rules. In addition to the functions of representation and protection, trade unions exercise control over the observance of labor legislation, the implementation of collective agreements and agreements. In case of violation by employers, their associations, executive authorities, local self-government bodies of the terms of the collective agreement, trade union agreement, their associations have the right to send them a submission on the elimination of these violations, which is considered within a week. The scope of the rights of trade unions to protect the interests of workers is not made dependent on the status of the trade union.

Art. 11 of the Law of Ukraine "On trade unions, their rights and guarantees of activity" it is determined that trade unions can have the status of primary, local, regional, regional, republican, all-Ukrainian. By itself, the definition of the types of status of trade unions in Art. 11 of this Law is lawful in the context of the state's recognition of the legal personality of these public organizations. The primary status is given to trade unions or trade union organizations that operate in an enterprise, institution, organization, educational institution, or unite trade union members who provide themselves with work independently working at different enterprises, institutions, organizations or individuals. Trade unions have the status of local ones, which unite at least two primary trade union organizations operating at different enterprises, institutions, organizations of one administrative-territorial unit (city, district in a city, district, village, township). The status of regional are trade unions, the organizations of which are in the majority of administrative-territorial units of one region, the cities of Kiev and Sevastopol; in most administrative-territorial units of one region, the cities of Kiev and Sevastopol, where enterprises, institutions or organizations of a certain industry are located. The status of regional are trade unions, the organizations of which are in most of the administrative-territorial units of two or more regions. The status of all-Ukrainian trade unions is determined by one of the following criteria: a) the presence of trade union organizations in most of the administrative-territorial units of Ukraine, defined by Part 2 of Art. 133 of the Constitution of Ukraine (Autonomous Republic of Crimea, regions, cities of Kiev and Sevastopol); 2) the presence of trade union organizations in most of those administrative-territorial units of Ukraine where enterprises, institutions or organizations of a particular industry are located. The status of republican trade unions of the Autonomous Republic of Crimea is determined based on the characteristics of all-Ukrainian trade unions in relation to the territory of the Autonomous Republic of Crimea. The status of trade unions is predetermined by the representation of the respective trade union at the national, regional, local, sectoral levels in the conduct of consultations, collective bargaining on the conclusion of agreements, collective agreements (at the appropriate territorial and sectoral levels), participation in the work of tripartite bodies, management of social insurance, and the like.

According to Art. 16 of the Law of Ukraine "On trade unions, their rights and guarantees of activity" trade unions, their associations are legalized by means of notification of compliance with the declared status. All-Ukrainian trade unions are legalized by the Ministry of Justice of Ukraine, and other trade unions, respectively, by the Main Department of Justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city, district, district in cities, city (cities of regional significance) departments of justice. To legalize trade unions, their founders or heads of elected bodies submit applications. The application is accompanied by the charter of the trade union with a decision on its approval, information about the elected bodies, the presence of trade union organizations in the corresponding administrative-territorial units, about the founders of associations. On the basis of the submitted documents, the legalizing body within a month: a) confirms the declared status; b) includes a trade union, an association of trade unions in the register of associations of citizens; c) issues a certificate of legalization indicating the corresponding status. The legalizing authority cannot refuse legalization. In the event that the submitted documents of the trade union do not comply with the specified status, the legalizing body invites the trade union to provide additional documentation necessary to confirm the status. The status of organizations of an all-Ukrainian trade union or a trade union of another status is determined by the charter of this trade union. Organizations that act on the basis of the charter of this trade union send a notification to the legalizing body at their location about their affiliation with a certain trade union with a reference to the trade union legalization certificate, on the basis of which they are included in the register of citizens' associations. The primary trade union organizations also notify the employer in writing.

Trade unions can terminate their activities through reorganization or liquidation (self-dissolution, forced dissolution). The decision on reorganization or liquidation (self-dissolution) is made by the congress (conference), general meeting in accordance with the charter (statute). Simultaneously with the adoption of such a decision, a decision is also made on the use of property and funds of trade unions, their associations, left after all the necessary calculations, for statutory or charitable purposes. The activities of trade unions that violate the Constitution and laws of Ukraine may be prohibited only by decision of the local court, and trade unions with the status of all-Ukrainian and republican and trade union associations with the corresponding status - only by decision

Of the Supreme Court of Ukraine. Forced dissolution, termination, as well as prohibition of the activity of trade unions, their associations by decision of any other bodies are not allowed. The decision to forcibly dissolve an association of trade unions does not entail the dissolution of the trade unions that belong to this association. Forced dissolution of a trade union or association of trade unions leads to the annulment of the registration certificate and exclusion from the Register of associations of citizens of Ukraine, the loss of the rights of a legal entity with a mandatory message about this in the media.

With the participation of trade unions, there are two types of relations: internal-organizational and relations with external actors. Relations of the first type contain the mutual rights and obligations of the trade union and its members. The content of the second group of relations is the mutual rights and obligations of the trade union with external actors (employers and their associations, government bodies, etc.). Relations within a union arising from the admission of members, the payment of union dues, the holding of union meetings, and the like are not governed by labor law. The state does not interfere in activities within the trade union - it is regulated by statutory norms. Relations with employers to establish working conditions, representation and protection of the interests of workers are regulated by labor legislation.

The basic rights and obligations of trade unions and their associations are specified in Section II of the Law of Ukraine "On Trade Unions, Their Rights and Guarantees of Activity". These include the rights of trade unions: to represent the interests of their members, and in matters of the collective interests of workers - regardless of their membership in trade unions - in relations with employers, public authorities and local governments and other associations of citizens; to conduct collective bargaining and conclude collective agreements and agreements; exercise public control over the observance of labor legislation; provide employment for the population; social protection and ensuring an adequate standard of living for citizens; in the field of social insurance; in the management of enterprises and when changing forms of ownership; in solving labor disputes; organize strikes and hold other public events; regarding information on labor and socio-economic development; create educational, cultural and educational institutions, research and other organizations; in the field of protecting the spiritual interests of workers; in protecting the housing rights of citizens; regarding the prosecution of officials, etc.

Depending on the degree of authority, the rights of trade unions can be classified into three groups: 1) common with the employer (determination of the amount of bonuses, material assistance, distribution of housing); 2) conciliation rights, when the right to resolve the issue belongs to the employer, but he must first coordinate it with the trade union (introduction, replacement and revision of labor standards, establishment of collective (brigade) material responsibility, approval of vacation schedules, shifts, etc.); 3) the right to the participation of trade union bodies in resolving production issues by the employer (the decisions of the trade union on these issues are, as a rule, recommendatory for the employer).

Primary trade union organizations exercise their powers through elected bodies formed in accordance with the charter (statute), and in organizations where elected bodies are not created, through a trade union representative authorized in accordance with the charter to represent the interests of trade union members. Part 2 of Art. 37 of the Law of Ukraine "On trade unions, their rights and guarantees of activity" provides that if there are several primary trade union organizations at an enterprise, institution or organization, the collective interests of employees of the enterprise, institution or organization are represented by a joint representative body, which is formed by these primary trade union organizations, on the initiative of any of them. In this case, each trade union organization must decide on its specific obligations under the collective agreement and responsibility for failure to fulfill them. The representative body is formed on the basis of proportional representation. A primary trade union organization that has refused to participate in a representative body is deprived of the right to represent the interests of employees when a collective agreement is signed.

The elected body of the primary trade union organization at the enterprise, institution or organization:

1) concludes and monitors the implementation of the collective agreement, reports on its implementation at general meetings of the labor collective, applies with a requirement to the relevant authorities to hold officials accountable for failure to comply with the terms of the collective agreement;

2) together with the employer, decide on the issue of introducing, revising and changing labor standards;

3) together with the employer decides the issue of remuneration of employees of the enterprise, forms and systems of remuneration, rates, tariff scales, salary schemes, conditions for the introduction and amounts of allowances, additional payments, bonuses, remuneration and other incentive, compensation payments;

4) together with the employer, resolve the issue of working time and rest time, agree on the schedules of shifts and granting vacations, the introduction of summarized recording of working hours, gives permission to carry out overtime work, work on weekends, and the like;

5) together with the employer, decide on the issue of social development of the enterprise, improvement of working conditions, material and household, medical services for employees;

6) takes part in solving social and economic issues, determining and approving the list and procedure for providing employees with social benefits;

7) participates in the development of the internal labor regulations of the enterprise, institution or organization;

8) represents the interests of employees on their behalf in the consideration of individual labor disputes and in collective labor disputes, contributes to its resolution;

9) decides on the requirement for the employer to terminate the labor agreement (contract) with the head of the enterprise if he violates labor legislation, avoids participating in negotiations regarding the conclusion or amendment of the collective agreement, does not fulfill obligations under the collective agreement, makes other violations of the legislation on collective contracts;

10) gives consent or refuses to give consent to terminate an employment contract on the initiative of the employer with an employee who is a member of a trade union operating at the enterprise, in cases provided for by law;

11) takes part in the investigation of accidents, occupational diseases and accidents, the work of the labor protection commission;

12) carries out public control over the employer's compliance with labor and labor protection legislation, ensuring safe and harmless working conditions, industrial sanitation at the enterprise, correct application of the established wage conditions, requires elimination of identified deficiencies, and also has other rights provided for by the legislation of Ukraine.

In the middle of the 18th century, an industrial revolution began in the countries of Western Europe. One after another, discoveries and inventions appear that have revolutionized technology, that is, in the methods of processing raw materials. The mechanical spinning machine, the mechanical weaving machine and finally the application of the propulsion power of steam are the main stages of this revolution.

Thanks to the discoveries and inventions of the late 18th and early 19th centuries, a great leap forward was made in the development of productive forces.

The revolution in the field of technology, above all the emergence of machine production, brought about a revolution in the field of social relations. With the advent of machine production, the position of labor and capital changed dramatically. Industrial capital has become the most important factor in social life. At the same time, along with the growth of capital, the poverty of hired workers grew, who, being deprived of any property, were forced to sell their labor power to the owners of the instruments and means of production.

This process proceeded in two ways. On the one hand, the large machine industry threw out a lot of cheap products on the market, ruining small and medium artisans and forcing them into the ranks of hired workers. On the other hand, capital infiltrated the countryside, successfully competing with subsidiary peasant trades and displacing ruined peasants into the cities.

In the wild-market environment, industrial capital sought to make full use of machines, the failure of which was considered a direct loss. This gave rise to the merciless exploitation of labor, which was expressed in lengthening the working day and cutting wages to the maximum possible minimum. The masses of the workers, thrown into the streets by more and more new machines, could not oppose anything to capital, except submission or spontaneous actions. Legislation of the 18th and 19th centuries identified the worker who offered his labor on the market with the seller of any other commodity, persecuting coalitions as crimes against public order. Thus, the employee was actually deprived of the opportunity, through an agreement with other employees, to ensure an equal position in bargaining with the entrepreneur. The isolated worker, knowing that many of the same sellers of labor stood behind him, unquestioningly accepted the conditions dictated by the entrepreneur, and the contract, legally bilateral, was in fact turned into a unilateral order. The workers were forced to compete with each other, knocking down the already miserable wages, and also to send their wives and children to the enterprises. Only in isolated cases did people driven to despair take out their anger on especially cruel manufacturers or machines, in which they saw the main culprit of their troubles.

The new economic conditions and new social relations concealed a number of contradictions: the growth of wealth at one pole of society and the growth of poverty, insecurity, physical and moral degeneration at the other. On the one hand, there was an unprecedented increase in labor productivity, new inventions appeared in science and technology, on the other, there were dark and ignorant masses, which were pushed by technological progress to even greater poverty.

The emergence and development of the trade union movement among the working class of Europe became one of the manifestations of the law of struggle for existence in the social life of society.

Researchers of the trade union movement identify, as a rule, the following reasons for its emergence:

Formation of capitalist relations based on freedom of labor contract;

Helplessness and isolation of the worker in front of the employer when concluding an employment contract;

The instability of the social position of the hired worker;

Formation of a class of permanent workers employed throughout life and often for several generations in the same branch of production and even in the same enterprise;

Concentration of production and the accumulation of the mass of workers in one place;

The difference in the interests of entrepreneurs and workers, the loss among the majority of the latter of the hope of becoming independent masters;

The workers' struggle for their rights, leading to the creation of their first associations;

An association of entrepreneurs to fight the demands of the workers;

Implementation of the laisser faire principle in the field of state economic policy of the first half of the 19th century, which eliminated the participation of the state in the regulation of relations between entrepreneurs and workers;

Social and political development of the working masses, their awareness of their professional and class interests;

The influence of the activities of various political parties on the development of the organized labor movement.

The reasons that hindered the development of trade unions include: territorial isolation and dispersion of hired workers in some industries; their socio-economic and political illiteracy; low level of vital needs; poverty of low-skilled workers; a constant influx of immigrants from rural areas or from underdeveloped countries to regions with better working conditions, the absence of sharp contradictions between owners and workers in small enterprises and the legal prohibition of the free existence of workers' associations.

The emergence of trade unions was objective and logical. The reason for their appearance lies in the need to unite workers in the conditions of the existence of private ownership of the means of production and the system of wage labor based on it. By creating trade unions, the workers sought to eliminate competition in the labor market, to protect themselves from the "tyranny and soulless attitude of the bourgeoisie."

Arising out of the needs of the workers' struggle for their rights, trade unions have long existed as secret, illegal associations. Their legalization became possible only with the development of society. The legislative recognition of trade unions has played an important progressive role in their development.

Trade unions played an important role in improving the material conditions of workers. The original and fundamental function for which trade unions were created is to protect the interests of workers from the encroachments of capital. Its main content is the struggle for higher wages and better working conditions. At the same time, this struggle was perceived by the workers as a retaliatory measure caused by the opposite actions of entrepreneurs.

In addition to the material, economic effect, the activities of the trade unions were of high moral importance. The organized protest of the workers spoke of their preservation of human dignity. Rejection of the economic struggle would inevitably lead to the degradation of the workers, their transformation into a faceless mass. It was the trade unions that contributed to the formation of civil society and the development of legal culture.

Despite the general patterns of the emergence and development of trade unions, each country had its own political and economic conditions that influenced the activities and organizational structure of trade unions. This can be traced to the example of the emergence of the trade union movement in the most developed countries of Western Europe and North America.

Hiring relationship

The overwhelming majority of the country's population, in order to provide themselves with the necessary means of subsistence, is forced to offer their services in labor for a certain monetary remuneration, called wages. This part of the population sells a special commodity - labor. There is a special market for trade in it - the labor market. The latter is directly related to the legal freedom of working people and their economic coercion: a “free” person, who has neither the means of production nor the means of subsistence, is forced to enter into a relationship of employment. But the methods of violence (the use of law, the police and even the army against workers) did not immediately disappear, but were widely used in order to force hired workers to come to terms with the unfavorable conditions for the sale and purchase of labor, which contribute to the growth of employers' profits. This, naturally, caused resistance, which intensified as the number of hired workers increased and the arsenal of their struggle for their rights was enriched. New in the relationship between labor and capital was the formation of trade unions, representing the interests of employees in negotiations with entrepreneurs.

Wage labor and trade unions

Many wage differences arise from the presence of so-called non-competing groups. For example, doctors and mathematicians are non-competing groups because it is difficult and almost impossible for a member of one profession to join another group of workers. Workers, on the other hand, change professions with fewer losses, so they can move from one group to another, which leads to an equilibrium system of differences in wages for different categories of workers.

Differences in wages between population groups will always exist. But often they arise because of such characteristics that have nothing to do with the labor process: nationality, gender, religion. These phenomena already belong to another rating system called “discrimination”. So, the labor market tends to such an equilibrium system of differences in wages, in which the demand for each category of labor will be exactly equal to the supply of this category of labor. Therefore, the task of the labor market is the necessary proportional distribution of labor between various sectors and spheres of the national economy.

Labor supply and demand

All other things being equal, the higher the wages that workers demand for their work, the fewer employers will agree to hire (law of demand). And on the other hand, the higher the pay offered by employers for performing a certain type of work, the more people are ready to engage in this type of work (the law of supply). At the intersection of these interests, the equilibrium price of labor is born - the wage at which the number of people willing to do a certain job and the number of available jobs coincide. It should be noted that along with wages, the choice of a place of work is influenced by such factors as labor safety, its creative nature, friendly atmosphere, professional growth, and career.

Labor supply

Labor supply depends on the size of the population, its sex and age structure, the average number of working hours per week, the level of qualifications and quality of the labor force, culture, religion, and national traditions. The labor supply is constantly changing. Young people are entering the labor market for the first time, and an increasing number of women are being drawn into it. Some find work, others are in search of it, others lose hope and find themselves outside the workforce.

However, the level of wages is determined not only by economic interest, but also by ethics, the mentality of the nation. In particular, the very tipping point K between the substitution effect and the income effect is largely determined by whether a person is guided by the values ​​of a consumer society, which imposes money, wealth, material wealth as the highest value, or a society in which spiritual values ​​prevail, stay in harmony with nature, and preference is given to the principle of the necessary sufficiency of material well-being.

It is quite obvious that, in essence, the effects of substitution and income are another, along with Maslow's pyramid, evidence of a scientific way of imposing a market way of thinking on a person and society, which allows capital (bourgeois) to achieve its goals by instilling in the population the primacy of material values, secondary and secondary spiritual. This is a veiled form of subordination of labor to capital, which complements such means of forcing consumerism as advertising, fashion, conspicuous and prestigious consumption. It is consumerism that is a prerequisite, condition and fact of prosperity and the establishment of the domination of the power of capital.

Labor demand

The demand for labor is determined primarily by the marginal product created by labor, the level of technical equipment of production, as well as the ratio of the cost of labor and machines. In the latter case, either low wages do not stimulate the use of machines, or machines that replace labor are not distinguished by a high technical level and sufficient economic efficiency. Labor demand, like supply, is undergoing changes. In some cases, this is caused by changes in the structure of consumption of goods and services, and hence in the structure of jobs, in others, by the emergence of new types of industries with corresponding professions, in others, by the extinction and withering away of entire industries and types of industries.

Second, the payment of relatively equal wages at all enterprises, regardless of the level of profitability, leads to an aggravation of the competitive struggle on the basis of production costs. The fact is that ineffectively operating enterprises in this case are forced to either catch up or stop their activities faster than if they continued to compete, paying low wages. On the contrary, highly profitable enterprises can use an increasing share of profits to expand and improve production, avoiding additional costs of raising wages.

Third, this study found similarities between leveling and widening wage differentials, which resulted in less labor force mobility (especially young people) in the labor market. On the one hand, the leveling of wages does little to stimulate regional and sectoral labor migration. On the other hand, labor that is recruited to developing areas or to areas experiencing labor shortages is unlikely to leave at high wages even if the demand for labor decreases.

Differentiation in wages

At the same time, differentiation in wages depending on the profession plays an important role in the orientation of employees to those markets where they are well paid, where specialists with higher qualifications are required. For clarity, you can take two specialized labor markets: miners and computer operators (Figure 15.3, a, b).

Rice. 15.3. Correlation of two specialized markets in conditions of free formation of wages.

Suppose that an equilibrium has been established in these markets, which corresponds to the equilibrium labor prices of ZP A and ZP B. Let us also assume that many industries are equipped with computers, while some mines are closed due to the non-competitiveness of coal in comparison with other energy sources. In the first case, an additional and growing demand for computer operators is presented, in the second case, the demand for miners is reduced. As a result of the changed demand in both specialized markets, wages move in opposite directions: in the labor market of operators, it grows to the level of salary A (see Fig. 15.3, a), in the labor market of miners, it decreases to the level of salary B (see Fig. . 15.3, b). This forces the labor force to leave the mining labor market for the market of computer operators.

However, in theory, everything is clear and simple, in reality, there are a lot of problems with retraining, changing the established way of life, and possible relocation. Therefore, it will take time, and considerable time, to rebalance these two specialized markets. And no matter how big the pay gap is, overnight a miner will not become an operator, if he can become one at all. Therefore, equilibrium will only be achieved over a long period of time. The idea of ​​a large differentiation in the levels of wages as a regulator of the labor market is very simplified and does not find sufficient confirmation in economic practice, although it should not be completely neglected.

Employment and unemployment

Labor market changes

Classic model

Keynesian model

The Keynesian model does not deny the very theoretical position of the classical school, which expresses the relationship between wages and employment. However, the possibility of combating unemployment by lowering wages is skeptical.

First, the strategy to reduce wages is difficult to implement. Secondly, even if it becomes possible to implement this strategy, it will not be a particularly effective remedy against unemployment. Of course, a decrease in the general level of wages opens up the prospect of hiring more workers for the same amount of advanced variable capital. However, this is fraught with a reduction in aggregate demand on the part of hired workers.

In the Keynesian model, the decisive role is assigned to the aggregate demand in society, which controls the volume of production, and hence the demand for labor. Consequently, the main reason for unemployment is seen in the lack of demand in the markets for goods and services. Therefore, an active financial policy stands out as the main means by which the state can resist unemployment. This is primarily about reducing tax pressure and increasing incomes, which will cause an increase in aggregate demand, which will stimulate production, and, consequently, an increase in the number of jobs.

At the same time, within the framework of this model, the volume of production and employment are linked to a certain level of wages. The growth of employment without increasing capital, technology leads to a drop in the labor productivity of the marginal worker, and hence to a decrease in real wages. In this regard, it is proposed to use moderately regulated information as a means of promoting employment growth. Restraining the growth of nominal wages is seen as a prerequisite for increasing profitability, expanding production, increasing investment and, consequently, increasing employment.

Marx's model

Marx's concept of employment is based on the law of capitalist accumulation, which, causing the development of scientific and technological progress, leads to a gradual growth of organic capital (C / V). This growth causes a drop in the share of variable capital (V) in the total mass of capital (C + V). Due to the fact that the demand for labor is determined by the amount of variable capital advanced for the purchase of labor, a decrease in its share leads to a relative reduction in the demand for labor, while its supply increases. The growth in supply also occurs due to both natural population growth and the ruin of small commodity producers who are forced to seek employment.

At the same time, the presence of the unemployed, or, as K. Marx said, an industrial reserve army of labor, is an objective need and necessity for capitalist reproduction. The fact is that when the economy is in the recovery phase or new directions of economic activity are being formed, the presence of a labor force provides it with the necessary additional labor resources.

On the whole, on the basis of the operation of the general law of capitalist accumulation, a conclusion is drawn about the growth of antagonistic contradictions between labor and capital. Attaching great importance to the study of trends in the development of technical progress and the social division of labor, K. Marx was right about the growth of the organic structure of capital in the spheres of material production, which led to unprecedented expulsion of workers from agriculture and industry. However, he could not predict the emergence and development of labor-intensive spheres of economic activity - trade and services, which acted as absorbers of the released labor force, from which the organic composition of capital as a whole underwent a less radical change. However, at present, the problem of employment is again increasing in connection with the surge in the growth of the organic composition of capital under the influence of the technical re-equipment of these labor-intensive spheres of social production and the coming technological revolution.

Unemployment, wages and inflation

General understanding of unemployment

In conclusion, we can conclude that the Phillips curve takes the form of a vertical line. As you can see, the concept of maintaining the natural level of unemployment gives a different interpretation of the Phillips curve from the Keynesian interpretation.

Types of unemployment and forms of their manifestation

Natural unemployment

Voluntary unemployment includes the contingent of unemployed able-bodied people who voluntarily retired from work, i.e. just doesn't want to work.

Institutional unemployment is caused by the functioning of the labor market infrastructure, as well as by factors that distort supply and demand in this market. Relatively high unemployment benefits can lead to lengthening of the search for a job, which has a tangible impact on the supply of labor. This may then manifest itself in the adaptive effect of unemployment, when people who once experienced indolence accompanied by receiving unemployment benefits, in the future, from time to time, resort to using this form of income.

The system of ensuring a guaranteed minimum wage also has a certain impact on unemployment, which has a negative impact on the flexibility of the labor market. On the one hand, a guaranteed minimum wage will exclude the possibility of employment at a lower rate, which causes an increase in unemployment. On the other hand, such a minimum has a positive effect on limiting inefficiently operating enterprises, since, by setting the minimum permissible price of labor, the state thereby indirectly sets the lower limit of the profitability of enterprises that should not make a profit by understating the cost of one of the factors of production - labor.

In the direction of reducing the supply of labor, high income tax rates are also operating, significantly reducing the amount of income remaining at the disposal of the employee. This reduces the interest of employees in the supply of their labor force.

Institutional unemployment should also include the unemployment of the labor force, coupled with the imperfection of the work of information systems that track the volume and structure of both the available vacant jobs and the free labor force.

Involuntary unemployment

Structural unemployment is due to the release of labor as a result of the ongoing changes in the structure of the national economy. In the conditions of accelerated scientific and technological progress, large-scale structural shifts in social production take place, which entail significant changes in the structure of labor force employment. The restructuring of the national economy is accompanied by the curtailment of investment, production and employment in some sectors and their expansion in others. It should be noted that the greatest social tension in society is generated by this unemployment (if we do not take into account the unemployment caused by repeated cyclical recessions or crises).

Despite all the objectivity and predetermination of the ongoing structural changes in the national economy, opposition to the curtailment of certain types of labor activity is associated with economic, social, psychological and other factors. In this regard, the problem of structural unemployment should constantly be in the center of attention of the socio-economic policy of the state, and first of all those institutions that are directly involved in the labor market and are directly related to the ongoing structural changes.

Regional unemployment is associated with a whole range of factors of a historical, demographic, cultural, national, socio-psychological nature. Therefore, when solving this problem, there should be close interaction of local administrative-national-territorial authorities with the central, federal government, not excluding interaction with the governments of neighboring states.

A special place in the structure of forced unemployment is occupied by hidden unemployment, characterized by underemployment during the working day,

working week, month, year. It also includes that part of the employed workforce that does a noticeably incomplete amount of work. Hidden unemployment in Russia reached colossal proportions in 1992-1998, which was primarily a consequence of the erroneous policy in the transition to a market economy, which led not to a structural restructuring of the national economy, but to an unprecedented socio-economic crisis in its depth.

Long-term unemployment covers that part of the working-age population that has lost their jobs, lost the right to receive unemployment benefits, despaired of finding jobs, have already adapted to live on social handouts of society and have lost any interest in active labor activity. It can also be characterized by the inability to find work in regions affected by the economic downturn, when even the total number of vacant jobs is less than the number of unemployed.

Cyclical unemployment is of independent importance, which is predetermined by the cyclical nature of social reproduction and arises at the stage of production decline or in the phase of economic crisis. Fluctuations in the level of employment depend on the stage that the economy goes through: at the stage of recovery, employment grows, at the stage of recession, it sharply decreases, at the stage of depression, it is kept at a low level, and at the stage of recovery, it is intensively "absorbed".

Okun's law

In this regard, the regularity of the relationship between production and employment, revealed by the American economist A. Oaken, acquires special significance. According to Okun's Law, an annual growth in real gross national product of about 2.7% keeps the unemployment rate at a stable level. Okun's Law states that for every additional two percentage points of growth in GNP, the share of unemployed is reduced by one percentage point. A reduction in GNP accordingly leads to an increase in unemployment in the same ratio. The use of this regularity allows government bodies to orient themselves in investment policy, policy of economic growth in order to solve employment problems that arise at one stage or another of the development of the national economy.

As a result of unemployment, society suffers colossal economic losses. When people are unemployed, it means that production is reduced in relation to the available real opportunities. As a consequence, it becomes more difficult to solve the problem of increasing welfare.

Social consequences of unemployment

The social costs of unemployment are associated primarily with the loss of professional and human communication, involvement in a common cause. The income received is not just and not only a remuneration for labor, but also evidence of the importance of what people do. Work provides social status, prestige and professional suitability, and, if you like, pride. In addition, work mobilizes a person, creates conditions for a correct lifestyle.

Unemployment is not only a decrease in income, but also a gradual professional degradation, an infringement of human dignity. The unemployed person begins to feel a sense of their uselessness. Many unemployed people become lonely, prone to alcohol or drug abuse. Therefore, we must not forget that the rise in unemployment is fraught with deterioration in the health of the nation. All this leads to social stratification of society and causes an increase in social tension. Therefore, only a socially oriented market economy, in which the state actively supports the development of competition, helps to weaken conflicts between employees and employers, implements extensive programs to support socially unprotected segments of the population, and avoids socio-political cataclysms.

conclusions

1. The vast majority of people, in order to exist, are forced to enter into an employment relationship. Hiring is an economic form of coercion to work, since the employee does not have the means of production. By entering into a hiring relationship, an employee sells a special commodity - labor power (ability to work), which has a use value and value.

2. The cost of labor power appears in the form of its price - wages. Distinguish between nominal and real wages. The first is determined by the amount of income received, the second - by the value of nominal wages and the level of prices for consumer goods, i.e. it is measured by the number of goods and services that can be purchased at nominal wages.

3. The specificity of the labor market lies in the fact that the commodity - labor force - is inseparable from the employee himself. Therefore, in order to protect their interests as sellers of labor resources, hired workers unite in trade unions. Industrialists and entrepreneurs also form unions to defend their interests as buyers of labor. In this regard, it becomes obvious that in this market the laws of supply and demand are subject to the influence of social forces.

4. The demand for labor is presented by employers. Labor (labor force) is offered by employees. Labor supply is influenced by two factors: the substitution effect and the income effect. The first is associated with a higher cost of working time compared to free time. The second is due to the achievement of a position where free time is valued above working time. Therefore, an increase in wages may be accompanied not by an increase, but by a decrease in the supply of labor.

5. The labor market is characterized not only by employment, but also by unemployment, which, on the one hand, can be assessed negatively - the "inactivity" of the resource, on the other, as a blessing, because it indicates the presence of free working hands, which, if necessary, can immediately enter the production process and ensure its expanded scale.

6. There are three approaches to explaining the phenomenon of unemployment. The classical labor market model links unemployment to high wages. The Keynesian model of the labor market interprets unemployment as a result of insufficient aggregate demand, which implies the need for an effective demand policy. The Marxian model explains unemployment by the accumulation of capital, which is associated with the growth of organic capital, and hence the displacement of living labor (workers) by materialized labor (machines). It is necessary to note the presence of "rational seeds" in all three approaches to explain unemployment.

7. By its nature, unemployment is divided into natural and forced. Natural unemployment is assessed as the objective inevitability of the existence of such forms as frictional (current), voluntary and institutional. Involuntary unemployment is manifested in the following forms: technological, structural and cyclical.

8. The unemployment rate is directly related to the production of GDP (GNP). This relationship is reflected in Okun's Law, according to which a reduction in unemployment by one percentage point in relation to its natural level causes an increase in GDP (GNP) by more than two percentage points, and, conversely, an increase in unemployment by one percentage point causes a decrease in GDP (GNP ) by more than two percentage points.

Federal Agency for Education

State educational institution of higher
vocational education

"Ural State Economic University"

Department of National Economy

Wage labor

Coursework on Labor Law

Artist: Marina Anatolyevna

Taktaeva

Student

Distance Education Center

gr. EPB-09ART

(signature)

Scientific adviser Slyusarenko T.V.

_______________________________

(signature)

Preliminary estimate________

Protection date __________________

Grade_______________________

Yekaterinburg, 2010

Introduction …………………………………………………………………………… ... 3

1. Theoretical foundations of the study of hired labor …………………… ..6

1.1. The concept of hired labor ……………………………………………… .6

1.2. Wage labor as a subject of legal regulation ………………… 8

2. Peculiarities of regulation of hired labor …………………………… ..15

2.1. Requirements for attracting hired labor ……………………… .... 15

2.2. Characteristics of hired labor ……………………………………… ..16

2.3. Principles for creating a system of incentives for employees.19

3. Features of the use of hired labor on the example of Artinsky Zavod OJSC ……………………………………………………………………… ... 28

3.1. General characteristics of the enterprise …………………………………… 28

3.2. Attraction and use of hired labor at the enterprise .... ... 30

Conclusion ………………………………………………………………………… .33

Bibliography …………………………………………………… .36

Annex 1

Appendix 2

Introduction

The study of hired labor is relevant in the context of expanding market relations and is one of the most important general economic problems. This is due to the fact that it is the social and labor sphere that acts as the most sensitive element of the life of society, because the tension of relations underlying it can cause a social explosion, the consequences of which are mostly predictable in negative terms.

In the context of economic transformations, the issues of hired labor have acquired a priority character, due to a number of difficulties that negatively affect the social and labor sphere. This is a systemic crisis, accompanied by an increase in social tension in society, a drop in the standard of living of a significant part of the country's population; and arbitrariness of employers in the commercial sector as a result of imperfect legal framework and indifference of the executive branch; and numerous violations in the public sector of the economy, dictated by the time and irresponsibility of a number of modern leaders.
The priority of the problems of social and labor relations is also explained by the increased dynamics of negative trends in the sphere of wage labor, such as: the expansion of the shadow economy, whose workers are generally deprived of the opportunity to protect their labor rights; aggravation of contradictions between the labor force and the management of enterprises, expressed in significant differentiation in wages and a conscious desire to enrich individual managers; in the deterioration of the situation of enterprises with the aim of their further bankruptcy and the acquisition of property rights with minimal costs; and also, the tightening of labor legislation, indicating the strengthening of the differentiation of the rights of various participants in the system of labor relations.
The reform, carried out in modern conditions, requires a rethinking of many well-established ideas about hired labor and its essence, which recently do not correspond to the economic realities of society. Under the conditions of market relations, hired labor acts as a multifaceted phenomenon, the economic essence of which develops in close relationship with the diversity of property and management and many other factors that have a significant impact on its dynamics. However, many views and judgments either do not take into account these features of wage-type labor relations at all, or they look so unconvincing that it became necessary to seriously re-evaluate them, to synthesize new ideas that determine the place of the social and labor sphere in the modern economy. There was a need for a new concept of hired labor, reflecting its essence, capable of showing the diversity of its modern forms of manifestation in economic practice, and allowing the use of those that would ensure optimal productivity of labor activity, the protection of workers in the field of social and labor relations and the prospects for the functioning of hired labor. labor of all categories of labor resources, regardless of their competitiveness in a market economy.

The aim of the course work is to study hired labor as a subject of legal regulation, as well as the forms of manifestation of hired labor, the peculiarities of its use at various levels in the context of economic transformations.

The subject of the research is a set of production

relations about the functioning of hired labor in its various forms of manifestation.

In the course of achieving this goal, the following tasks:

1) to investigate the development of relations of hired labor in modern conditions;

2) highlight the features of the regulation of hired labor;

3) determine the features of the use of hired labor.

The object of the research is the open joint-stock company "Artinsky Zavod", which carries out its activities in the context of economic transformations.

The course work is based on the works of domestic authors such as E.A. Sukhanova, O.S. Belokrylova, E.V. Mikhalkina, N.A. Brilliantova and others, materials of the seminar “Practice of contractual relations with company employees. Features of attraction, registration and use of hired labor ”. The information base of the study was the collective agreement and local regulations of the enterprise, the civil code and labor legislation of the Russian Federation. As factual material, examples of hired labor at the Artinsky Zavod OJSC are given.

1.Theoretical foundations of the study of hired labor

1.1 The concept of wage labor

Wage labor - the historical form of labor, which is characterized by the following features:

1) a precondition for the completion of the labor process is the sale and purchase of the “labor force” product in the labor market;

2) the labor process is carried out under the supervision of the employer or the personnel hired by him;

3) the product of labor belongs to the employer, contains newly created value, consisting of the value of the necessary product, which replaces the value of labor power and surplus value.

Obtaining surplus value is the goal of the employer who buys labor and organizes the production process.

Historically, wage labor replaced the natural labor characteristic of primitive, slave-owning and feudal societies. Natural labor, with all its differences in the given method of production, was characterized by the fact that the worker was not the owner of his labor power, there were no conditions for its purchase and sale. The emergence and spread of the system of wage labor is a qualitatively new stage in the development of society, forming a historical epoch that continues to the present day.

Conditions for the appearance of hired labor:

1) market relations;

2) the appearance on the market of a specific product "labor force".

A developed system of hired labor presupposes a formed system of rights and obligations for hired workers, including the ownership of their labor force; the right to compete with other sellers of labor in determining wages, labor quality requirements, etc .; creation of trade unions to defend their interests; the right to choose the buyer of his labor, to choose the place of sale of labor (freedom of movement); the right to choose the benefits of life and ways of satisfying life's needs, etc. All forms of freedom in which the hired worker is placed are associated with his personal responsibility for himself, for the decision made to choose an employer, compliance with the terms of employment, maintaining his workforce in a normal state etc. In contrast to all forms of natural (pre-hired) labor, where a significant part of the responsibility for the worker's condition, his existence, labor was assigned to the owner (slave owner, landowner), a developed system of hired labor forms the worker as a person fully responsible for himself , your choice, decision making.

Concept as “ work », « wage labor»Is important for the study of labor problems at the present stage of development of market relations, their correct solution. Labor is the basis of the life of human society. There is practically no such economic problem in any sphere of human activity that would not be associated with his interests and work.

Labor issues in the current conditions have become so acute that their unresolved issues are increasingly causing social conflicts that need to be resolved as soon as possible. Therefore, a deeper understanding of the economic essence of hired labor makes it possible to use it in the process of practical transformation of labor, improvement of labor activity and labor relations.

Work - This is an objectively inherent human activity aimed at meeting the needs of society and carried out as a result of the transformation of disposable by a person.

1.2. Hired labor as a subject of legal regulation

Under the influence of the norms of labor law, social relations that develop in the process of applying and organizing labor are clothed in a legal form and become legal relations. At the same time, it is important to note that social relations in the labor sphere do not always function in a legal form, that is, in the form of legal relations, although it is predominant. In some cases, these relations are governed by customs, norms of corporate organizations, moral norms. However, public relations on the use of hired labor always require a legal form of regulation.

The labor law of Russia in an environment of market relations must comply with the idea of ​​a social state enshrined in the Constitution of the Russian Federation (Article 7), the policy of which is aimed at creating conditions that ensure a decent life and free development of, first of all, hired labor.

In market conditions, the price of labor is determined by agreement of the parties, since free labor as a commodity becomes a source of income, profit both for an employee who sells his ability to work and for an employer who uses the acquired labor to obtain surplus value.

The interaction of the two main participants in the labor market - the employee and the employer, who entered into a contractual relationship regarding the use of the employee's ability to perform certain work for a fee - is characterized by the stability of the relationship between them. Being regulated by the norms of law, these relations become legal relations, a legal model of behavior of the parties to an employment contract. The objects of such relations, on which the interests of the parties to an employment contract are focused, are labor as the ability and obligation of an employee to perform the labor function and wages necessary for the employer, i.e. the ability and obligation of the employer to pay the employee's labor in a timely manner and in full, to pay his wages.
Wage labor organized by the employer with the participation of the employee, as opposed to individual or individual-group labor, i.e. labor "for oneself", gains social and public significance, becomes social labor, due to which the social significance of such labor increases sharply and it becomes the object of not only joint regulation by agreement of the parties - a private law agreement between employer and employee, but also state legal regulation.

The state, participating in the regulation of the use and use of hired labor in the interests of society, as well as of the employee and the employer, adopts legal norms that establish the legal boundaries of the legal freedom of participants in labor relations, within which they independently determine working conditions, their rights and obligations by concluding an employment contract , being guided by the current legislation, which in the mechanism of labor regulation assigns a central place to the labor contract.

But even after the entry of the employer and the employee into contractual relations, after the determination of the basic conditions of use and remuneration of labor, the state does not withdraw from control over the forms and measure of its application, since social labor, unlike individual labor, affects not only the interests of the employee and the employer, but also of the whole society. Therefore, the state cannot completely leave the regulation of labor relations at the mercy of the contracting parties.
The state cannot withdraw from labor regulation and control over the conclusion and execution of an employment contract, and because its parties - the employer and the employee - are in an unequal position, do not have either actual or legal equality.

The unequal position of the parties to the employment contract is already seen in the fact that the Labor Code of the Russian Federation endows the employer with disciplinary power in relation to the employee, grants him the right to present mandatory requirements to him, to apply incentives and penalties to the employee (Articles 191, 192 of the Labor Code of the Russian Federation ) without asking for his consent. In order to limit the employer's ability to abuse his leadership position in labor relations, in rationing and remuneration of the employee, in providing him with benefits, creating the necessary conditions for work, as well as to guarantee the rights of employees, the state establishes rules for concluding, executing, changing and terminating an employment contract. principles of legal regulation of labor relations, an indicative list of which is given in Article 2 of the Labor Code of the Russian Federation.

This list is headed by the principle of freedom of labor, which includes the right to work, which everyone freely chooses or to which freely agrees, and the prohibition of forced labor, labor without appropriate fair pay. The principle of freedom of labor is fundamental to the entire mechanism of legal regulation of the use of labor. After all, only free and remunerated labor, which implies fair payment for its use, can be an object of legal and contractual regulation.
Among the significant number of diversified contracts regulating the paid use of free labor, a considerable proportion are civil law contracts for the performance of work or the provision of services (contracts for work, storage, transportation, commissions, for the performance of research work, etc.), which are concluded and executed in the manner regulated by the norms of civil law. Parties to them are persons interested in obtaining such work or service (customers), and persons providing such work or service (performers, contractors).
The second large group of contracts for the remunerated use and use of hired labor are agreements (contracts) concluded with persons entering the state (federal or regional) service (civil, military or law enforcement) or municipal service to perform work in a certain position. The service relations arising on this basis are governed by the norms not of labor, but of constitutional (state), administrative, municipal and other branches of law. Being in an organic unity and having a common subject of regulation, these legal norms of different industry affiliation in their totality form an intersectoral complex institution, which in recent legal literature is often called service law.
The third group of contracts for the free and compensated use of the labor of hired workers is labor contracts. They are concluded directly by employees and employers on the basis and in the manner prescribed by the labor law.

In economics, an employee and an employer interact on two levels:

1) in the labor market, where the wage rate is determined and a collective agreement is concluded;

2) within the enterprise, where payment systems are established, fixing for specific jobs, groups, jobs, professions, positions and types of activity, specific relationships between the payment of workers and the results of their work.

Within the enterprise, the relationship between employees and employers is built on the basis of labor standards, which establish the working day, the intensity of labor.

The employer provides the employee with the scope of work and provides him with a safe working environment. The hired worker, in turn, must effectively and efficiently perform the amount of work provided to him within the existing standards.

Thus, the stimulation of employees at the enterprise is closely related to the scientific organization of labor, which includes labor rationing, which is a clear definition of the scope of the employee's job responsibilities and the qualitative and quantitative results of labor that are required of him.

Speaking about incentives for employees, one must also take into account such a concept as labor motivation. Motivation is defined by two concepts: need and reward.

Needs are primary and secondary.

The primary ones include the physiological needs of a person: food, water, clothing, housing, rest, etc. Secondary needs are psychological in nature: needs for affection, respect, success.

When stimulating work as providing an employee with remuneration for work, which he uses to meet his needs, it is necessary to take into account that different people approach this issue in different ways, defining different values ​​for themselves. So, for a person of high material wealth, extra time for rest can be more significant than the additional earnings that he would receive for overtime work. For many people, for example, knowledge workers, respect from colleagues and an interesting job will be more important than the additional money they could get from doing a trade or becoming a commercial agent.

The forms and methods of using hired labor and attracting labor on the basis of an employment contract do not remain unchanged, given once and for all. They are significantly influenced by the ongoing changes in the socio-economic sphere of society, which are especially noticeable in the modern period, characterized by the transition of the country's economy to market regulation, to a market economy, the meaning and purpose of which is to maximize profit, which, in turn, pushes users of hired labor, especially in the field of entrepreneurial activity, to search for new ways to obtain a highly productive and highly qualified labor force in the labor market for the lowest wages, to use it with the greatest return, with minimal costs for its maintenance.

At the same time, the state proceeds from the fact that the degree of protection of the rights and interests of employees as the main carriers of labor, the efficiency of social labor will be the higher, the better the process of using the labor force is organized, the labor process. And in this the dominant role belongs to employers as a party to the labor contract, which not only hires workers and uses their labor in its production in accordance with the terms of the labor contract, but also performs an important social function - creates jobs, provides people with work, and ultimately contributes improving the well-being of employees and the material well-being of the whole society.

Therefore, the labor contract merges both the labor of an employee who has assumed the obligation to perform certain work for remuneration in the interests of the employer, and the labor of the employer who performs important and necessary work to create conditions for the employee's work, to organize the labor process itself. Taking this into account, the labor contract is intended to fulfill not only the role of regulator of relations between workers and employers, but also to contribute to the achievement of the goal proclaimed by the Constitution of the Russian Federation - to ensure a dignified life and free development of a person. And this assumes that not only an employee must have real guarantees of the exercise of his rights and freedoms, but also the employer. Fulfilling the obligation to ensure the required level of labor rights and guarantees of employees, the employer must be able to satisfy his own interests in making a profit from entrepreneurial, organizational, administrative and other activities.

Consequently, the subject of legal regulation within the framework of an employment contract is not only the work of an employee, but also the work of an employer, who is no less important and socially significant figure than an employee.

The combination of labor and other related interests of the employee and the employer within the framework of an employment contract creates favorable conditions for social partnership in the labor sphere, a legal basis for the implementation of the goals of labor legislation to establish state guarantees of the rights, freedoms and interests of employees and employers (Article 1 of the TKRF).

2. Features of regulation of hired labor
2.1. Requirements for attracting hired labor

The current legislation clearly defines the requirements that must be met by employers in the case of hiring employees. As follows from labor legislation, an employment contract must be concluded with each employee. It must be in writing.

However, the employment contract will be considered concluded even if the employee started work with the knowledge or on behalf of the employer or his representative. In this case, the employer is obliged to draw up an employment contract within three days from the date of the actual admission of the employee to perform his duties (part 2 of article 67 of the Labor Code of the Russian Federation). For failure to comply with this obligation, an authorized representative of the employer may be held administratively liable.

Due to the fact that there are two parties to an employment contract: the employee and the employer, the contract is drawn up in two copies, one of which must be handed over to the employee, and the other must be kept by the employer.

When concluding an employment contract, the employer has the right to demand the following documents from the employee:

Passport or other identity document;

Labor book, except for cases when an employment contract is concluded for the first time or an employee enters a job on a part-time basis;

Insurance certificate of state pension insurance, except for cases when an employment contract is concluded for the first time;

Military registration document - for persons liable for military service and persons subject to conscription;

A document certifying education, qualifications, or having special knowledge or special training.

Documents not included in this list, including those stipulated by decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation, are prohibited to be required.

When concluding an employment contract, it should be borne in mind that some restrictions are established by law. The main ones are restrictions related to:

The age of the employee;

The need to comply with the form of the contract;

The need to undergo a medical examination;

Establishing a test for an employee;

Reasons for refusal to conclude a contract.

All employers are obliged to fulfill their obligations towards employees in accordance with the law.

2.2 Characteristics of wage labor

As a kind of antipode to independent work, one can call dependent or hired labor. The division into these two categories is based on the employee's attitude to the means of production used in the labor process, or to the instruments of labor (mechanisms, tools, etc.). The belonging of such means to the worker, as we have found out, gives rise to the effect of direct or direct connection of man's labor power with his own means of production. The unification of the worker's labor power with the means of production, of which he is not the owner, is carried out not directly, but indirectly: the owner of the corresponding labor power and the owner of the means of production must first agree on the conditions for using labor on the basis of these means, i.e. enter into a contract.

The first element of the social organization of hired labor is the nature of hired labor, since the nature of hired labor to a certain extent reflects the qualitative state of the productive forces of society. So, if the division of labor is not required for the production of a particular type of product, it bears the character of an individual, regardless of the production relations existing in a specific historical period. If, in order to increase and reduce the cost of production, it becomes necessary to divide wage labor, then each work operation is distinguished as an independent type of activity, organically and inseparably connected with all the others, i.e. labor takes on a collaborative character.

The division of hired labor is necessary only where its introduction is necessary for the growth of labor productivity and the increase in the rate of its production. In the history of mankind, there are many examples when the production of the forced division of labor and the socialization of the means of production backfired and the rate of production fell sharply.

The division of labor, which occurs naturally, receives its consolidation in production, constituting its internal structure only if it leads to an increase in the productivity of labor in its quality. This is an indispensable condition of any division, labor acquires the property of a defining criterion when it is deeply divided, since the second side of deeply divided (joint) labor is the coordination of joint labor, which causes the objective need to create management bodies for the production process, and the costs of keeping management personnel are an integral part of the cost of production ...

Therefore, a deeper division of labor should bear very useful results. It is necessary that, as a result of its implementation, the costs of maintaining the management apparatus do not exceed the cost of the final product produced on the basis of undivided labor.

The next element in the characterization of wage labor is the forms of attraction to labor. Hired social and labor relations are based on the freedom to conclude a labor contract between the employer and the hired employee. The freedom to conclude a contract follows from the legal equality of the employer and the employee, which is extremely unambiguously and exhaustively expressed and enshrined in the norms of Art. Art. 17, 18, 19, 34, 35, 36, 37 and others of the Constitution of the Russian Federation, including the norm of an imperative nature: labor is free, forced labor is prohibited.

Freedom of labor - in addition to the ideological aspect that is relevant for our country - a person consuming, may not work at all, means that no one has limited the possibility of choosing the form of labor by each person - in free form or for hire. It is the possibility of independent choice that makes the conclusion of an employment contract truly free, since the legal equality of the parties is only their formal equality in relation to each other, in no way affecting their real economic position in social production, which is based on the objectively determined inequality of the owner of the means of production and the bearer work force. And if an employee has some alternative to work for someone or work for himself with his own means of production, while receiving state support (loans, benefits, etc.), or not work at all, which is enshrined in the Constitution, this will be real freedom of choice, and not just formal equality in the relationship between the employee and the employer.

The next element of the characteristics of the social organization of labor is the way of maintaining labor discipline and managing the labor process. In any form of implementation of labor, if labor is carried out jointly, it needs coordination. Otherwise, it is not possible to achieve the actual goal of the production itself: the creation of a specific type of product or commodity. That is, the main reason for establishing this or that order of management is the objective need for its coordination.

This condition has a different effect on the will of the participants in joint labor. After all, the owner of the means of production, who has invested his capital in the means of production, technology, labor force and organizing production, expects to receive a profit from the sale of manufactured products or goods. And the workers do not need it at all. After all, they give the employer their opportunity to work, and they do not bear economic responsibility for the result of work.

2.3. Principles of creating a system of incentives for employees

The current stage of economic reforms in Russia is characterized by the fact that enterprises operate in an environment of growing demands from various social groups. In this regard, the creation of an effective incentive system for employees is of particular relevance.

Let's consider some directions for solving this problem.

When creating an incentive system, one should proceed from the principles developed in management theory and applied in a market economy:

Complexity;

Consistency;

Regulation;

Specialization;

Stability;

Purposeful creativity.

Let us dwell on the essence of these principles.

The first principle is complexity. Complexity implies that a comprehensive approach is needed, taking into account all possible factors: organizational, legal, technical, material, social, moral and sociological.

Organizational factors are the establishment of a certain order of work, the delineation of powers, the formulation of goals and objectives. As already mentioned, the correct organization of the production process lays the foundation for further efficient and high-quality work.

Legal factors closely interact with organizational factors, which serve the purpose of ensuring the compliance of the rights and obligations of the employee in the labor process, taking into account the functions assigned to him. This is necessary for the correct organization of production and further fair incentives.

Technical factors imply the provision of personnel with modern means of production and office equipment. As well as organizational, these aspects are fundamental to the work of the enterprise.

Material factors determine specific forms of material incentives: wages, bonuses, allowances, etc. and their size.

Social factors imply an increase in the interest of employees by providing them with various social benefits, providing social assistance, and participation of employees in team management.

Moral factors represent a set of activities, the purpose of which is to ensure a positive moral and ethical climate in the team, the correct selection and placement of personnel, various forms of moral encouragement.

Physiological factors include a set of measures aimed at maintaining the health and improving the performance of employees. These activities are carried out in accordance with sanitary and hygienic, ergonomic and aesthetic requirements, which contain standards for equipping workplaces and establishing rational work and rest regimes. Physiological factors play no less important role in improving the efficiency and quality of work performed than others.

All of these factors should not be applied individually, but in aggregate, which gives a guarantee of obtaining good results. It is then that a significant increase in efficiency and quality of work will become a reality.

The principle of complexity already in its name determines the implementation of these activities not in relation to one or several employees, but in relation to the entire team of the enterprise. This approach will have a significantly greater impact on the enterprise level.

The second principle is consistency. If the principle of complexity presupposes the creation of an incentive system taking into account all its factors, then the principle of consistency presupposes the identification and elimination of contradictions between the factors, their linkage with each other. This makes it possible to create an incentive system that is internally balanced due to the mutual coordination of its elements and is able to work effectively for the good of the organization.

An example of consistency can be a system of material and moral incentives for employees, based on the results of quality control and assessment of the employee's contribution, that is, there is a logical relationship between the quality and efficiency of work and subsequent remuneration.

The third principle is regulation. Regulation involves the establishment of a certain order in the form of instructions, rules, standards and control over their implementation. In this regard, it is important to distinguish between those areas of activity of employees that require strict adherence to instructions and control over their implementation, from those areas in which the employee should be free in his actions and can take initiative. When creating an incentive system, the objects of regulation should be the specific responsibilities of an employee, the specific results of his activities, labor costs, that is, each employee should have a complete understanding of what is his responsibility and what results are expected from him. In addition, regulation is needed in the issue of evaluating the final work, that is, the criteria by which the final work of the employee will be assessed must be clearly established. Such regulation, however, should not exclude creativity, which, in turn, should also be taken into account in the subsequent remuneration of the employee.

The regulation of the content of the work performed by the employees of the enterprise should solve the following tasks:

1) determination of works and operations to be assigned to employees;

2) providing employees with the information they need to perform the tasks assigned to them;

3) the distribution of work and operations between the divisions of the enterprise according to the principle of rationality;

4) the establishment of specific job responsibilities for each employee in accordance with his qualifications and level of education.

Regulation of the content of labor serves to increase the efficiency of the work performed.

From the point of view of stimulating the work performed, regulation of the results of the work performed plays a very important role. It includes:

1) determination of a number of indicators characterizing the activities of the divisions of the enterprise and each employee separately, which would take into account the contribution of divisions and individual employees to the overall result of the enterprise;

2) determination of a quantitative assessment for each of the indicators;

3) creation of a general system for assessing the employee's contribution to the achievement of overall performance results, taking into account the efficiency and quality of the work performed.

Thus, we can say that regulation in matters of incentives plays a very important role in ordering the incentive system at the enterprise.

The fourth principle is specialization. Specialization is the assignment of certain functions and works to the divisions of the enterprise and individual employees in accordance with the principle of rationalization. Specialization is an incentive to increase labor productivity, increase efficiency and improve the quality of work.

The fifth principle is stability. Stability presupposes the presence of an established team, the absence of staff turnover, the presence of certain tasks and functions facing the team and the order of their implementation. Any changes occurring in the work of the enterprise should take place without disrupting the normal performance of the functions of one or another division of the enterprise or employee. Only then there will be no decrease in the efficiency and quality of the work performed.

The sixth principle is purposeful creativity. Here it is necessary to say that the incentive system at the enterprise should facilitate the manifestation of a creative approach by employees. This can include the creation of new, more advanced products, production technologies and designs of applied equipment or types of materials, and the search for new, more effective solutions in the field of production and management.

Based on the results of the creative activity of the enterprise as a whole, the structural unit and each individual employee, measures of material and moral incentives are provided. An employee who knows that the proposal put forward by him will bring him additional material and moral benefits, there is a desire to think creatively. It is especially necessary to take seriously the stimulation of the creative process in research and development teams.

When organizing an incentive system at an enterprise, it is necessary to take into account the proportions in pay between simple and complex labor, between employees of various qualifications.

When creating an incentive system at an enterprise, it is necessary to adhere to the principle of system flexibility. Flexible incentive systems allow the entrepreneur, on the one hand, to provide the employee with certain guarantees of receiving wages in accordance with his experience and professional knowledge, and on the other hand, to make the employee's remuneration dependent on his personal performance and on the results of the enterprise as a whole. ...

Today, flexible incentive systems have become widespread in foreign countries with developed economies. Moreover, the flexibility in remuneration is manifested not only in the form of additional individual additional payments to wages. The range of flexible payments is wide enough. These are individual bonuses for seniority, experience, educational level, etc., and collective bonus systems designed primarily for workers, and profit-sharing systems designed for specialists and managers, and flexible systems of social benefits. Only the use of all forms of incentives designed to apply to all employees of the organization can give the desired effect.

Experience shows that at Russian enterprises at present the main problems in the incentive mechanism for employees are:

1) insufficient flexibility of the mechanism for the formation of remuneration, its inability to respond to changes in the efficiency and quality of work of an individual employee;

2) the absence of any assessment at all or the entrepreneur's biased assessment of the individual labor indicators of employees;

3) lack of fair remuneration for managers, specialists and employees; the presence of unreasonable ratios in the payment of their labor;

4) negative attitude of staff to the size of their remuneration and to the existing payment system.

All these problems that enterprises face when dealing with issues of wages can be overcome with the use of Russian and foreign experience.

So, the lack of flexibility in remuneration is solved by the introduction of modern forms of remuneration, depending on the results of labor activity. These forms are flexible payment systems, where, along with a constant part of earnings, there is a variable part in the form of profit sharing, collective bonuses, etc.

The issues of biased assessment of the performance of employees are again associated with the outdated mechanism of remuneration, which does not take into account the individual achievements of the employee and the result of the enterprise as a whole. A fair assessment system can be created based on the job description and job responsibilities of the employee to determine a constant part of the wage. And based on profit sharing versus the flexible part of earnings.

Fair pay for managers, specialists and employees should also be based on the same principles, but with the use of indicators specific to these categories of employees, taking into account the complexity of the tasks to be solved, the level of responsibility, the number of subordinates, etc.

It is with the use of flexible remuneration systems, with the use of a reasonable assessment of the workplace and job responsibilities and the subsequent participation of employees in profits and collective bonuses for reducing the share of labor costs in the cost of production, that the negative attitude of the organization's personnel to the existing system of remuneration of their labor can be overcome and the amount of this payment.

The result of the action of the incentive system at the enterprise should be an increase in the efficiency of the enterprise, which can be achieved, in turn, by increasing the efficiency and quality of work of each employee of the enterprise. At the same time, the entrepreneur needs to be guided by the need to attract and retain highly qualified workers for a long time, increase labor productivity and improve the quality of products, increase the return on investment in personnel, increase the interest of employees not only in personal success, but also in the success of the entire enterprise as a whole, and, finally, raising the social status of workers.

Therefore, both material and non-material forms of staff incentives are used, which include wages, various systems of participation in profits, collective bonus systems, individualization of wages, moral incentives, incentives for workers engaged in creative work through the use of a free work schedule, social benefits for employees.

The employer, when deciding on the creation of a system of incentives for employees at the enterprise, must also take into account such a macro indicator, which does not depend on the efficiency and quality of labor of employees and the collective of the enterprise as a whole, such as the consumer price index. Accordingly, the presence of such an indicator makes it necessary to automatically index wages, taking into account changes in the price index for a certain period.

The incentive system at the enterprise must clearly define its goals, establish the types of incentives in accordance with the results achieved, determine the assessment system, the period and timing of remuneration payments.

Any type of incentive should be targeted and transparent, because employees can only be expected to improve the efficiency and quality of their work when they know that their work is being paid fairly.

The incentive system must comply with the principle: pay must correspond to work.

Speaking about the incentive system for employees, it is necessary to highlight the main requirements for it. These include:

1) clarity and concreteness of the incentive system as a whole, provisions on wages and additional payments;

2) a clear statement of the employee's job responsibilities;

3) creation of a system of objective assessment of employees and exclusion of subjectivity in the assessment;

4) the dependence of the amount of wages on the complexity and responsibility of the work;

5) the possibility of unlimited growth of wages with an increase in the individual results of the employee;

6) accounting in remuneration of the level of significance of certain works for the enterprise;

7) equal pay for employees with the same complexity and responsibility of the work performed in various divisions of the enterprise (refers to the base pay without taking into account additional payments based on the results).

Thus, when creating an incentive system, it is necessary to take into account the whole range of issues, including state regulation of the amount of wages.

3. Features of the use of hired labor as an example

Artinsky Zavod OJSC

3.1. General characteristics of the enterprise

The Artinsky plant is the oldest enterprise in the Urals, it was founded in 1787 as an iron-making plant using imported raw materials.

The plant is located in the urban-type settlement. Arti, in the south-west of the Sverdlovsk region, 180 km from Yekaterinburg and 60 km from Krasnoufimsk station.

Organizational and legal form - open joint stock company, the founders of which are legal entities and individuals. Open Joint Stock Company Artinsky Zavod is an independent company with its own legal address and independent balance sheet.

The purpose of creating an enterprise is to carry out financial and economic activities with the aim of making a profit.

In 1827, the plant produced the first braids for agricultural work, hardened according to the technology of the great metallurgist P.P. Anosov, the creator of Russian damask steel. Since that time, braids have become the main product of the plant.

In the modern period, the main activities of Artinsky Zavod OJSC are:

1) Production and sale of consumer goods (mowing sets in an assortment depending on the purpose and size; agricultural sickles; gardening sets "Summer resident"; ladders; chains.); industrial and technical products and components; building materials, services to the population.

2) Carrying out and implementation of research and development work;

3) Capital construction, repair and maintenance of: industrial and technical facilities; residential buildings; social facilities; transmission devices.

4) Organization and implementation of logging operations, sawmilling, production of containers and wood products.

5) Participation in exhibitions, fairs, various kinds of auctions, including investment ones.

The sales markets for the products of OJSC “Artinsky Zavod” are subdivided by regions - federal districts of the Russian Federation. Also buyers are enterprises from neighboring countries (Lithuania, Latvia, Ukraine, Belarus, Azerbaijan) and far abroad (Hungary, Bulgaria, Slovakia, Turkey, Iran) abroad. Export deliveries account for a significant share in the total volume of product sales.

The main buyers of the company's products are large wholesale companies specializing in the sale of haberdashery goods, gardening equipment, as well as enterprises of the clothing and footwear industries.

The consumers of the services are mainly local organizations and the population.

At present, the braids of the Artinsky plant are exported to Germany, Slovakia, Turkey, Iran, Hungary, Bulgaria, Latvia, Estonia and the CIS countries.

For 57 years of production, the plant has mastered about 500 standard sizes of needles for the garment, knitwear, footwear and leather goods industry. The company expands the range of gardening tools, haberdashery products.

The general management of the enterprise is carried out by the general director. He coordinates the work of directors in the areas of activity: technical, financial, director of human resources, director of marketing, director of quality, director of security. Functional divisions and services are subordinate to each of the directors.

The main priority areas for JSC "Artinsky Zavod" are increasing sales and raising the quality of basic goods and services. In all areas of production in 2010 it is planned to grow by increasing the range of manufactured products, improving their quality, as well as by increasing the provision of services and creating a modern system of ordering. The priority area for 2010, as in previous years, remains the improvement of the quality of manufactured (traditional) products, the annual development (introduction) of at least ten new products.

3.1. Attraction and use of hired labor in the enterprise

OJSC Artinsky Zavod uses hired labor of Russian citizens, the average number of employees in March 2010 is 845 people. For each employee, in accordance with the law, an employment contract is drawn up, as well as an employee's personal card.

Under labor relations, the parties take the relationship between people, conditioned by the social, legal and functional aspects of labor activity. Among them are relationships:

Between the employee and the employer (regulated by the Labor Code of the Russian Federation and the labor contract)

Between the administration and the trade union (regulated by the federal law "On Trade Unions", the Labor Code of the Russian Federation and the collective agreement)

Between the boss and the subordinate (regulated by job descriptions)

Between labor collectives (regulated by internal local regulations, internal labor regulations (Appendix 1).

Labor relations at an enterprise arise when an employee enters a job as a result of:

Election to the position by decision of the meeting of shareholders - General Director, in accordance with the constituent documents

Appointment to a position or confirmation in a new position of persons with appropriate qualifications or education

Reception of job seekers for vocational training (retraining) according to the apprenticeship agreement

Engaging an employee to perform a specific job in accordance with the Civil Code of the Russian Federation on the terms of a work contract

Upon admission to work, labor relations are formalized by concluding an employment contract in writing in two copies - one for each party (Appendix 2). An employment contract can be concluded both for an indefinite period and for a specific period (fixed-term contract). A fixed-term contract is concluded in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the work ahead or the conditions for its performance.

The employer and employees undertake to comply with the terms of the concluded employment contract. In this regard, the Employer does not have the right to demand from the Employees to perform work that is not stipulated by the employment contract. Transfer to another job without the consent of the Employee is allowed only in cases provided for in Art. 74 of the Labor Code of the Russian Federation.

A test may be included in the terms of the employment contract in order to verify the Employee's compliance with the assigned work. The probation condition must be specified in the employment contract, the absence of the probation condition in the employment contract means that the Employee was accepted without probation. The trial period cannot exceed three months (for managers, chief accountants and their deputies - no more than six months).

Hiring tests are not established for persons specified in Article 70 of the Labor Code of the Russian Federation.

If the test result is unsatisfactory, the Employer has the right to terminate the employment contract with the Employee before the expiry of the test period, notifying him of this in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this Employee as having failed the test.

Each newly hired Employee is assigned an adaptation period of no more than two months, during which he will not be punished for neglect in work, except in cases of deliberate violation of labor and production discipline.

When hiring, the Employer is obliged to familiarize the Employee with the internal labor regulations in force in the organization, other local regulations related to the employee's labor function, and the collective agreement.

Conclusion

As a result of the study, the following conclusions were made.

Hired labor is an integral element of the market economy, due to the excessive scope of this topic, it is impossible to consider in detail all aspects of this problem in one work. However, based on the foregoing, one can imagine hired labor in the Russian Federation as a dynamic system based on the relationship between labor supply and demand, the relationship between employment and unemployment, factors in the formation and functioning of the labor force, its competitiveness and mobility.

The labor market that has emerged in Russia has a complex structure. There is a deepening of its segmentation according to a number of criteria: forms of ownership, labor intensity of production, peculiarities of production technology, qualifications of employees, the level of division and socialization of labor, historically established forms of organization and stimulation of labor, traditions in the motivational behavior of workers. To better understand the structure of the market, to identify its stable segmentation and, accordingly, to develop differentiated methods of its regulation, a comprehensive analysis of the action of the factors causing segmentation will allow.

To begin to effectively solve problems in the wage labor market, it is first necessary to reform all spheres of the economic, political and social life of society.

To regulate hired labor in an enterprise, it is necessary to effectively manage the labor process and maintain labor discipline.

Incentives for employees are provided by increasing profits by increasing efficiency and quality of work. “Labor efficiency” and “labor quality” are key factors in increasing the company's profit in the long run.

The incentives for employees are influenced by the social policy pursued by the entrepreneur.

Social benefits are a form of employee participation in the economic success of an enterprise.

It is advisable to proceed from the following principles of building a system of social benefits for employees:

1) it is necessary to identify the material and non-material needs of employees;

2) it is necessary to inform employees in full about the social benefits provided to them, as well as about their additional nature, in addition to state benefits;

3) provided social benefits should be economically justified and applied only taking into account the budget of the enterprise;

4) social benefits that have already been provided to employees by the state should not be applied at the enterprise;

5) the system of social benefits should be understandable to employees and each employee should know for what, for what merits he is or is not entitled to this or that benefit.

To enhance the stimulating role of wages, it is advisable to observe the following principles:

1) the dependence of wages on the efficiency, productivity and quality of work performed in order to ensure the interest of employees in the results of their work;

2) the introduction of flexible payment systems based on taking into account the final results of the organization's work and the individual contribution of the employee, including profit sharing;

3) exclusion of equalization in the payment of employees;

4) when creating a system of remuneration for employees, provide for the strengthening of its unifying role, excluding confrontation between employees.

At the OJSC Artinsky Zavod, labor relations are regulated by the Labor Code of the Russian Federation, the Collective Agreement, and internal local regulations. When an employee enters a job, labor relations are formalized by concluding an employment contract in writing in two copies. At the same time, the employer complies with labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of the collective agreement, agreements and labor contracts; ensures the safety and working conditions that meet the state regulatory requirements for labor protection; fulfills other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations and labor contracts

Bibliographic list

Regulations

1. Decree of the Government of the Russian Federation of June 30, 2004 N 324 "On approval of the Regulations on the Federal Service for Labor and Employment." Collected Legislation of the Russian Federation, 2004, No. 28, Art. 2901).

2. Labor Code of the Russian Federation. M., 2006.

3. Decree of the Government of the Russian Federation of June 30, 2004 No. 324 "On approval of the Regulation on the Federal Service for Labor and Employment" (Collected Legislation of the Russian Federation, 2004, No. 28, art. 2901).

Main literature

4. Civil law: in 2 volumes: textbook / ed. E. A. Sukhanova. M .: Publishing house "BEK", 2000. T. 1. - 816 p.

5. Belokrylova O. S, Mikhalkina E. V. Labor Economics: Lecture notes. - Rostov-on-Don: Phoenix, 2002 .-- 154p.

6. Vorozheikin IE History of labor and entrepreneurship. Tutorial. - M .: GAU, 1995 .-- 56p.

7. Rofe A, I., Zhukov AL Theoretical foundations of economics of sociology of labor: Textbook. - M .: MIK, 2005 .-- 254p.

8. Rofe AI, Zbyshko BG, Ishin VV Labor market, employment of the population, economics of resources for labor. - M., 2000 .-- 111p.

9. Labor law: textbook. / ON. Brilliantova; ed. O.V. Smirnova, I.O. Snegireva. - 4th ed., Rev. And add. - M .: Prospect, 2009 .-- 624s

Additional sources

10. Legal portal "LavvMix" (www. Lavvmix.ru).

11. Website www. bbest.ru.

12. Website www.

ANNEX 1

internal labor regulations for employees of JSC "Artinsky Zavod"

1. GENERAL PROVISIONS

1.1. Internal Labor Regulations of an Open Joint Stock Company
"Artinsky Zavod" is a local normative act regulating, in accordance with Labor
the Code of the Russian Federation and other federal laws, the procedure for admission and dismissal
employees, basic rights, duties and responsibilities of employees and the employer, regime
work, rest time, incentives and penalties applied to employees, as well as other
issues of regulation of labor relations in the organization.

These Rules, as well as all changes and additions to them, are approved by the general director of the organization, taking into account the opinion of the representative body of the employees of the organization.

Compliance with these Rules is mandatory for all employees of the organization.

An employee of the organization gets acquainted with these Rules before signing an employment contract.

2. PROCEDURE FOR RECEPTION AND DISMISSAL OF EMPLOYEES

2.1. When hiring an employee, an employment contract is concluded.

2.2 When concluding an employment contract, the employer is obliged to demand from the applicant:

Passport or other identity document;

Labor book, except for cases when an employment contract is concluded for the first time or an employee enters a job on a part-time basis;

Insurance certificate of state pension insurance;

Military registration documents - for persons liable for military service and persons subject to conscription;

Certificate of education, qualifications or special knowledge - when applying for a job requiring special knowledge or special training;

Medical insurance policy of compulsory insurance of citizens;

Conclusion on the passage of a medical examination;

persons under the age of 18 are hired only after a preliminary compulsory medical examination (examination).

The recruitment of specialists can be carried out on a competitive basis. The regulation on the competition is approved by the administration of the enterprise and the trade union committee.

When concluding an employment contract for the first time, the work book and the insurance certificate of the state pension insurance are drawn up by the employer.

When concluding an employment contract with an employee, by agreement of the parties, a condition may be provided for testing the employee in order to verify his compliance with the assigned work. The absence of a test condition in the employment contract means that the employee was hired without a test. The test period for hiring is set from 3 to 6 months, depending on the position. The period of probation does not include periods of temporary disability of the employee and other periods when he was actually absent from work. At

an unsatisfactory test result, the employer has the right to terminate the employment contract with the employee prior to the expiration of the test period by warning him about this in writing

form no later than 3 days in advance, indicating the reasons that served as the basis for such a decision. The employee has the right to appeal against the employer's decision in court. If the test result is unsatisfactory, the termination of the employment contract is carried out without taking into account the opinion of the relevant trade union body and without payment of severance pay. If the trial period has expired, and the employee continues to work, then he is considered to have withstood the trial period and the subsequent termination of the contract is allowed only on a general basis. If during the trial period the employee decides that the offered job is not suitable for him, then he has the right to terminate the employment contract of his own free will by notifying the employer about this in writing 3 days in advance.

2.3. An employment contract is concluded in writing for an indefinite or definite
term. The document is drawn up in two copies, each of which is signed by the parties.
One copy of the employment contract is handed over to the employee, the other is kept by the employer.

The receipt by the employee of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer.

2.4. Employment is formalized by an order, which is announced to the employee against signature in
three days from the date of the actual start of work.

An employment contract that is not executed in writing is considered concluded if the employee | started work with the knowledge or on behalf of the general director of the organization. In this case, the written execution of the employment contract must be made no later than three working days from the date of the actual admission of the employee to work.

2.5. Amendments to the terms of the employment contract determined by the parties are made by agreement between the employee and the employer, with the exception of cases provided for by the Labor Code of the Russian Federation. An agreement to amend certain parties: the terms of an employment contract are concluded in writing.

2.6. When an employee is hired or transferred to another job in accordance with the established procedure, the receiving head of the structural unit acquaints the employee with the internal labor regulations in force at the enterprise, other local regulations related to the employee's labor function, and the collective agreement.

2.7. Transfer to another permanent job in the same organization at the initiative of the employer, that is, changing the job function or changing the essential conditions of the employment contract, transferring to permanent work in another organization, or in another locality together with the organization is allowed only with the written consent of the employee. An employee in need of

in accordance with the medical opinion in the provision of another job, the employer is obliged, with his consent, to transfer to another existing job that is not contraindicated for him for health reasons. If the employee refuses to transfer, or if there is no corresponding work in the organization, the employment contract is terminated. It is not a transfer to another permanent job and is not

requires the employee's consent to move him in the same organization to another workplace, in

Another structural unit of this organization in the same locality, assigning work to another mechanism or unit, if this does not entail a change in the labor function and

changes in the essential terms of the employment contract.

2.8. For reasons related to changes in the organizational or technological working conditions, it is allowed to change the essential conditions of the employment contract determined by the parties on the initiative of the employer when the employee continues to work without changing the labor function.

The employee must be notified by the employer about the introduction of these changes in writing no later than 2 months before their introduction. If the employee does not agree to continue working in the new conditions, the employer is obliged in writing to offer him another job available in the organization that corresponds to his qualifications and state of health, and in the absence of such work, a vacant lower position or lower-paid work that the employee can perform with taking into account his qualifications and state of health. In the absence of the specified work, as well as in the event of the employee's refusal from the offered work, the employment contract is terminated.

If circumstances may lead to mass dismissal of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected trade union body of the organization, to introduce part-time work for up to 6 months. If the employee refuses to continue working on the terms of the relevant working hours, then the employment contract is terminated with the provision of appropriate guarantees and compensations to the employee. The abolition of part-time work is carried out by the employer, taking into account the opinion of the representative body of the employees of the organization.

2.9 In case of production necessity, the employer has the right to transfer the employee for up to one month to work not stipulated by the employment contract in the same organization with wages for the work performed, but not lower than the average earnings for the previous work. Such translation is allowed to prevent a catastrophe, industrial accident or natural disaster; to prevent accidents, downtime (temporary interruption of work for reasons of an economic, technical or organizational nature), destruction or damage to property, as well as to replace an absent employee. At the same time, the employee cannot be transferred to work that is contraindicated for him for health reasons. The duration of the transfer to another job to replace the absent employee may not exceed one month c. during the calendar year (from January 1 to December 31). With written consent, an employee can be transferred to a job requiring lower qualifications.

2.10. When hiring, transferring to another job in other cases established by labor legislation, as well as in case of need, the labor protection specialist of the organization acquaints all employees with the labor protection requirements.

Each employee conducts a safety briefing at the workplace; the receiving head of the structural unit with the entry of the results into the Journal of instruction on safety at the workplace of the organization's employees.

When performing his job duties, the employee must comply with the appropriate
safety instructions.

2.11. The employer is obliged to suspend from work (not allow to work) the employee:

Appeared at work in a state of alcoholic, drug or other toxic intoxication;

Failure to undergo training and testing of knowledge and skills in the field of labor protection in the prescribed manner;

Has not passed in the prescribed manner a mandatory preliminary or periodic Medical examination;

If, in accordance with the medical report, a contraindication is identified for the employee to perform work stipulated by the employment contract;

The employer suspends from work (does not allow to work) the employee for the entire period of time until the elimination of the circumstances that were the basis for the suspension from work or non-admission to work;

In other cases provided for by article 76 of the Labor Code of the Russian Federation.

2.12 Termination of an employment contract can take place only on the grounds provided for by labor legislation.

2.13 The employment contract can be terminated at any time by agreement of the parties to the employment contract.

2.14 An employee has the right to terminate an employment contract by notifying the employer in writing not later than two weeks in advance, unless another period is established by the Labor Code of the Russian Federation or other federal law. Upon expiration of the term of the notice of dismissal, the employee has the right to stop working.

2.15 Fixed-term employment contracts with employees are terminated in compliance with the rules established by Article 79 of the Labor Code of the Russian Federation.

2.16 Termination of an employment contract on the initiative of the employer is made on the grounds provided for in Article 81 of the Labor Code of the Russian Federation. Dismissal of an employee at the initiative of the employer (except in the case of liquidation of the organization) during the period of his temporary incapacity for work and during the period of his vacation is not allowed.

2.17 Termination of an employment contract is formalized by an order signed by the general director of the organization or a person authorized by him. The employee gets acquainted with this order against signature.

2.18 The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained.

2.19 On the day of termination of the employment contract, the specialist of the personnel department of the organization issues the employee a work book, as well as, upon written application of the employee, duly certified copies of documents related to the work. On the settlement day, the department of the organization makes the final settlement with the employee. Entries in the work book about the basis and reason for terminating the employment contract are made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law and with reference to the corresponding article, part of the article, paragraph of the article of these documents.

3. BASIC RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF EMPLOYEES

3.1. The employee has the right to:

Conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;

Providing him with work as stipulated by the employment contract;

A workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement;

Timely and in full payment of wages in accordance with their qualifications, labor complexity, quantity and quality of work performed;

Rest, provided by the establishment of normal hours, working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual leave.

Other rights of employees are established by article 21 of the Labor Code of the Russian Federation, and may also be provided for by a collective agreement, local regulations of the organization and an employment contract.

3.2. The employee is obliged:

Conscientiously fulfill his labor duties assigned to him by the labor contract and job description;

Comply with these Rules, other local regulations of the organization;

Observe labor discipline;

Comply with established labor standards;

Take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;

Immediately inform the employer or direct supervisor about situations that pose a threat to the life and health of people, the safety of the employer's property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property).

Protect the employer's property, efficiently use equipment, tools, materials, save heat, electricity, fuel and other energy resources;

take measures to immediately eliminate the causes and conditions that impede or impede the normal production of work (downtime, breakdowns, accidents), if it is impossible to eliminate these reasons on their own, immediately report to the administration of the site, workshop, plant;

The range of duties that each employee must perform according to their qualifications, specialties, positions is determined by the employment contract, tariff and qualification reference books, technical rules, job descriptions and regulations approved in the prescribed manner.

4. BASIC RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE EMPLOYER

4.1. The employer has the right:

Conclude, modify and terminate employment contracts with employees in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;

Conduct collective bargaining and bargaining;

Encourage employees for conscientious and effective work;

Require employees to fulfill their labor duties and respect the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees, to comply with these rules;

Bring employees to disciplinary and material liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Adopt local regulations;

Create associations of employers in order to represent and protect their interests and join them.

4.2. The employer is obliged:

Comply with labor laws and other regulatory legal acts containing labor law norms, local regulations, collective bargaining agreements, agreements and labor contracts;

Provide employees with work stipulated by the employment contract;

Ensure safety and working conditions that meet the state regulatory requirements for labor protection;

Provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties;

To fulfill other obligations stipulated by labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations and labor contracts;

To pay in full the salaries due to employees within the terms established by the Labor Code of the Russian Federation, the collective agreement, the organization's internal labor regulations, labor contracts;

Provide the labor needs of employees related to the performance of their labor duties;

Carry out compulsory social insurance of employees in the manner prescribed by federal laws;

Compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral harm in the manner and under the conditions established by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts;

To fulfill other obligations stipulated by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law norms, collective agreements, agreements and labor contracts.

Introduction ……………………………………………………………………… ..
	Legal status of trade unions in the world of work ………………………… ..
	1.1 Trade union bodies as a subject of labor law ………………… ...
	1.2 The concept of trade unions, their tasks and functions, legal regulation of their activities ……………………
	Protection of workers' labor rights by trade unions ……….
	2.1 Protective function of trade unions ……………………… ...
	2.2 Implementation by trade unions of the protection of workers' labor rights ... ..
	2.3 Trade union control over observance of labor legislation and labor protection ………………………………………… ...
	2.4 Trade union responsibility …………………………………………
	Trade union yesterday, today, tomorrow ……………………………………………
Conclusion………………………………………………………………………..
Bibliography ………………………………………………… ...

Introduction

The leading role in the regulation of social relations (including in the sphere of labor) belongs to law. The 1993 Constitution of the Russian Federation defines Russia as a federal rule of law with a republican form of government. As the basis for the development and improvement of all Russian legislation, the Constitution enshrines a wide range of human and civil rights and freedoms.

The traditional right to work has also received a new content in it. The human right to work is one of the most fundamental, and the ways of its implementation largely characterize the level of development of society. Today, citizens of the Russian Federation can exercise this constitutional right in the most diverse forms. At the same time, its content has changed significantly: labor is free, and everyone has the opportunity to freely dispose of their abilities for work, to choose their type of activity and profession. At the same time, forced labor is prohibited. Trade unions are called upon to play a leading role in harmonizing ore relations in society. If we approach the analysis of their place and role in the life of society from the standpoint of the history of the international labor and trade union movement, then we should admit that the trade union movement of each country is a kind of replica of the social system in which it exists.

In developed countries, trade unions quite organically fit into the political system of society, being one of the most important elements of civil society.

In its most general form and somewhat simplifying, the role of trade unions in civil society can be defined as the formation of a citizen from an employee.

Civil society was originally a society of property owners. Outside of it were unowned wage laborers who lacked the majority of civil rights.

Trade unions, which appeared in Western countries, as a rule, after the emergence of civil society, played a huge role in its transformation, in endowing workers and the population with civil, political, social and other rights. Since their inception, trade unions - objectively and sometimes subjectively - have been a tool for the emancipation of the working class, a means of gaining rights.

Protecting the worker economically, and partly in other respects, limiting the arbitrariness of the owner, the trade unions contributed to the formation of workers, formerly in the overwhelming majority of the oppressed and disenfranchised, as citizens, as social subjects. At the same time, defending their right to exist and function freely, the trade unions thereby defended the civil and political right of their members to organize, to unite in order to protect common interests. Opposing extreme forms of exploitation, seeking the creation and development of various institutions of social protection, the trade unions fought for the social rights of their members, were agents of their acquisition of social citizenship.

Only through an organization, mainly a trade union, hired workers - a significant or even a predominant part of the population - received most of the rights both at the place of work and in society itself. This was noted by L. Brentano, when he wrote in his "History of the Development of the National Economy of England" that thanks to the trade unions "labor is really a commodity, the worker is really a person."

In Russia, 1995 was the year of struggle for the legal recognition of trade unions for their role and place in society. The dramatic fate of the law "On trade unions, their rights and guarantees of activity" is a kind of symbol of this struggle. Its adoption was strongly opposed by those who are not interested in the existence of strong associations of workers capable of defending their legitimate rights and interests, and resisting the tyranny of employers.

Among the opponents of the law were ultra-liberal reformers from the power structures, and some trade unionists from the so-called alternative trade unions. For them, the fight against the FNPR seems to be much more important than protecting the interests of employees. It is important that the law contains a number of binding provisions for the Government, state and local authorities, employers. It guarantees the right to unimpeded creation and activity of trade unions, excluding the possibility of arbitrary interference on the part of the executive authorities, protects the rights of trade union activists, trade union property. The law makes trade unions the main object of collective agreements at all levels, gives them broad rights to control the observance of social and labor rights of workers and environmental standards.

But the history of our country teaches us that even the most beautiful law can remain a dead letter, an empty declaration. It is up to each of us to fill it with living content, to actively use the opportunities provided by law in the interests of the working people and their trade unions.

The aim of the course work is to analyze the theoretical and practical problems of the right to protect the labor rights of an employee by trade unions. This goal is closely related and is realized through the solution of the following tasks:

Study of the theoretical and legal foundations of the position of trade unions in the world of work;

Identification of opportunities and conditions for effective protection of labor rights of workers by trade unions;

The influence of trade unions on the political and socio-economic life of the country.

The goals and objectives of the study determined the structure of the course work, which consists of an introduction, three chapters, a conclusion and a bibliography.

1 Legal status of trade unions in the world of work

1.1 Trade union bodies as a subject of labor law

In the conditions of modern Russia, trade unions are voluntary independent public organizations uniting workers who are bound by common interests by the nature of their activities, both in the production and in the social sphere. Trade unions of all directions: the Federation of Independent Trade Unions of Russia (FNPR), Sotsprof and others consider their main task to be the protection of the rights and legitimate interests of workers, the establishment of social justice, an effective and humane economy.

Trade unions are considered as specific subjects of legal activity. Their status (legal position) is determined by legislation, which establishes the general legal capacity of trade unions, basic rights and obligations, as well as guarantees for their implementation. At the same time, within the framework of the general legal status of trade unions, legislation proceeds, on the one hand, from the existence of the principle of pluralism in the organization and activities of trade unions, and on the other hand, it regulates the statuses of individual levels of the bodies of the trade union system, in particular, trade union committees of enterprises (organizations), sectoral and regional trade union bodies.

The main function of Russian trade unions is to protect the interests of working people. At the same time, the organization of legal social partnership - a civilized form of relationship between trade unions, entrepreneurs (employers) and government (state) structures - becomes the optimal method for implementing the protective function.

The range of partner activities of trade unions can be different depending on the specific situation - from direct social confrontation with their partners to constructive interaction with them.

Modern Russian legislation, given the nature of the functions performed by trade unions, places the greatest emphasis on the development of their legal status as a subject of labor law, because it is this branch of law that is most closely related to the regulation of the sphere of wage labor.

It is important to note that the legal status of trade unions as subjects of labor law is determined in relation to their bodies, and not to organizations. These bodies, and, above all, the trade union committees of organizations, are recognized as legal representatives of the rights and interests of employees. In those social relations where the trade union committee acts as a subject of labor law, it represents the interests of the corresponding trade union collective of hired workers and employees. In doing so, he either exercises his own rights (for example, when exercising supervision over labor protection), or acts on behalf of the relevant work collective (for example, when developing and signing a collective agreement).

Article 226 of the Labor Code of the Russian Federation consolidated the general right of trade unions to represent the interests of workers and determined the areas of its application - production, labor, everyday life and culture. These areas of public life are, therefore, the object of the preferential application of their various powers.

It must be borne in mind that the representation of the interests of hired workers and employees in the above-mentioned areas of public life is both the right and the duty of trade union bodies. Since such representation is based on the law (Article 226 of the Labor Code of the Russian Federation), trade union bodies, acting as representatives of collectives of workers, act without any power of attorney from their side. A power of attorney is not required for individual representation of trade unions when protecting the rights and interests of individual workers who are members of a trade union.

1.2 The concept of trade unions, their tasks and functions, legal regulation of their activities

In order to determine the tasks and place of trade unions, the General Confederation of Trade Unions held in December 1994 an international scientific and practical conference "The role of trade unions in solving problems of health protection, social and legal protection of workers at the present stage." The reasons for the current situation in this area were analyzed, ways were developed to radically improve the working conditions of workers.

The Federal Law "On Trade Unions, Their Rights and Guarantees of Activity" entered into force on January 20, 1996. Trade unions are a historically established organizational form of uniting workers. As a social phenomenon, they represent a diverse and complex system of relations and connections of an internal and external nature. This is the most massive public organization. Trade unions are part of the political system of society as a specific public organization with their own tasks and functions, determined by their charters.

The need to protect the rights and interests of workers is especially relevant in the modern period, which has exposed and intensified socio-economic contradictions.

The implementation of the protective function of trade unions is facilitated by the social regulation of social relations, into which they enter in the course of their activities. Relations with the participation of trade unions are governed by various types of social norms - morality, ethics, law, traditions, etc.

Some of them have developed in the practice of interaction of trade unions with state, economic bodies, workers and are not formally fixed. Others are provided for by acts of trade union bodies. Still others are contained in regulatory legal acts.

The right of everyone to join trade unions, to create them to protect their interests is directly enshrined in the Constitution of the Russian Federation (Article 30). The special mention of trade unions in the act of higher legal force testifies to the special role and significance of trade unions in the life of society.

The functions of a trade union are the main areas of activity of trade unions. In the legal literature, the following functions are distinguished: protective, industrial, educational, social. Other functions can be highlighted as well. However, all activities of trade unions should be subordinated to the goals of protecting the rights and interests of their members. Therefore, the main function of trade unions should be a protective function - purposeful legal activity:

1) to protect the labor rights and legitimate interests of workers (the right of workers to freely dispose of their abilities to work, choose their type of activity or profession, the right to remuneration for work without any discrimination and not less than the amount established by law);

2) to protect them from violations (the right to freely visit organizations and workplaces where members of the trade union work in order to implement the statutory tasks granted to the trade unions of the rights);

3) to restore violated rights (protect the rights and interests of members of trade unions on issues of individual labor and labor-related relations, and in the field of collective rights and interests - the specified rights and interests of workers, regardless of membership in trade unions if they are empowered to represent established order);

4) to establish a higher level of working and living conditions for workers (established by the employer and their associations in agreement with the relevant trade union bodies and enshrined in collective agreements and agreements).

Trade unions, being an educational organization, are endowed, first of all, with the right of public control. However, in cases stipulated by law, they have powers of authority.

Thus, the technical labor inspectorate of trade unions can issue mandatory instructions to the administration of the enterprise on certain issues, for non-compliance with which a monetary fine is imposed on the guilty. Trade union councils and committees also have the right to issue binding prescriptions. Failure to comply with mandatory instructions may entail disciplinary, material and other liability of the guilty officials.

The constitutional right of trade unions to participate in the management of state and public affairs includes the following main elements:

· The right to participate in the rule-making activities of the state;

· The right to participate in the application of legislation;

· The right to exercise public control and state supervision over the observance of legislation in the adoption and application of legal norms by economic bodies.

In real life, all three elements work closely together. When trade unions are represented before state bodies, some issues are resolved taking into account the opinion, and others - by agreement or jointly with the trade unions. Resolving an issue based on opinion means that trade unions have deliberative rights. Consequently, we are talking about the legal form of exercising public control by trade unions. If the issue is resolved jointly or by agreement, then their opinion is legally binding on state bodies. In these cases, trade unions have powers of authority. The presence of various organizational and legal forms of this representation is explained by a wide range of issues, the solution of which is attributed to the competence of trade unions.

The granted rights create a legal basis for the fulfillment of statutory tasks and functions by trade unions, strengthening the legal basis of state and public life. At the same time, the state does not interfere in the internal affairs of trade unions. They act in accordance with the charters they adopt and are not subject to registration with government agencies. If trade unions need the right of a legal entity, then they, like all other organizations, are registered with the bodies of the Ministry of Justice of the Russian Federation, but in a notification, and not mandatory, and included in the corresponding register. This ensures the independence of trade unions from the executive authorities. Trade unions are independent in their activities from executive authorities, local governments, employers, their associations (unions, associations), political parties and other public associations.

The independence of trade unions, the first of the fundamental principles of the position and activity of trade unions, is also ensured by:

· Direct prohibition of any interference of state authorities and their officials in the activities of trade unions, which may entail restricting the rights of trade unions or hinder the legitimate implementation of their statutory activities;

· Property independence; the right to independently develop and approve their charters, determine the structure, elect governing bodies, organize their activities;

· The prohibition of control over the activities of trade unions by the justice authorities that register trade unions as a legal entity.

The second principle is that self-government is provided for by the Federal Law "On Public Associations" and applies equally to all public associations. With regard to trade unions,
it is expressed in their aforementioned right to independently adopt their charters and regulate all internal activities.

The third principle - the voluntariness of association in trade unions is enshrined both in the legislation on trade unions and in the Federal Law "On Public Associations".

The fourth principle, also directly enshrined in law, is the equality of trade unions, the equality of all trade unions before the law. It means that all trade unions and their bodies at the same level have the same rights, regardless of their size or any other characteristics. Thus, the legislation also reflects trade union pluralism - the presence of not one, but several different trade unions.

The fifth principle - the legality of creation and activity follows from the legislation on trade unions and is directly enshrined in the Federal Law "On Public Associations".

The legislation on trade unions consists of the norms of the Constitution of the Russian Federation and the Labor Code, the Federal Law "On trade unions, their rights and guarantees of activity", adopted by the State Duma on December 8
1995 and signed by the President of the Russian Federation on January 12, 1996 (as amended on March 21, July 25, 2002, June 30, December 8, 2003, June 29, 2004, May 9, 2005), the norms of a number of others federal laws (laws of the Russian Federation, RSFSR), decrees of the President of the Russian Federation. The system of legislation on trade unions also includes the adopted Federal Law of May 19, 1995 "On public associations" in the part in which the trade unions have common features and properties with all other public organizations.

2. Protection of labor rights of workers by trade unions

2.1 Protective function of trade unions

Since their inception, trade unions have had a historic mission to unite workers on the basis of industrial interests, educate them in a spirit of solidarity, and protect the rights and interests of workers. The historical conditionality and tradition of the protective function is a characteristic feature of trade unions as a public organization.

The main content of the protective function of trade unions in society is concern for improving the well-being of the people, raising the material and cultural standard of living of workers and members of their families; protection of the rights and interests of workers from individual manifestations of bureaucracy, a narrow departmental approach to their needs and requests; protection of workers' health from the adverse effects of working conditions and others. The common goal leads to unification, merging into a single channel of actions of trade unions and the state, aimed at protecting the rights and interests of workers.

The activity of trade unions in the implementation of the protective function is characterized by a variety of methods and forms used by them in each specific case. Trade unions widely use a variety of educational measures both to individual workers and employees who violate generally accepted norms, and to leaders who do not take into account the needs and demands of the workers, they carry out a lot of explanatory work. An important place in the work of trade unions is occupied by the propaganda of law, clarification of its norms in order to equip workers with the knowledge necessary in this area. When educational measures do not lead to the desired result, the trade unions, in accordance with the Charter, use measures of social influence. In necessary cases, in order to exercise the legal rights granted to them, trade union bodies can apply measures of state and legal coercion to officials.

The protective function of trade unions affects the interests of all workers. The way in which each trade union body performs this task largely determines its authority and the authority of trade unions as a whole. It is important to determine how effective the measures they apply for this purpose. A correct understanding of the role and significance of the protective function of trade unions helps to understand the nature of trade unions in society, to most accurately and fully determine the specific tasks of trade unions at a particular stage of social development. The specificity of the protective function of trade unions is that:

· Firstly, trade unions are called upon to protect the rights and interests of workers, associated mainly with their social and labor relations;

· Secondly, the main task of trade unions is to prevent possible violations of these rights and interests;

· Thirdly, the trade unions use ways and means in protecting the rights and interests of workers that are inaccessible to the state apparatus.

The specificity of the ways and means used by trade unions in the implementation of the protective function is closely related to the conditions of their protective activity, as well as the goals for which it is directed.

2.2 Implementation of labor rights of workers by trade unions

Trade unions at the first stage of legal regulation of labor should exercise their protective function, expressing an opinion on draft legislative acts on labor, rejecting or seeking to change those of them that take away, diminish labor rights and legitimate interests of workers as in the centralized adoption of acts by the legislative bodies of the Federation and its subjects. Also, when concluding agreements at different levels, when employers adopt local regulations containing labor law norms.

And here the trade unions rely on clause 2 of Art. 55 of the Constitution of the Russian Federation, which provides that “laws should not be issued that abolish or diminish the rights and freedoms of man and citizen,” and on Art. 372 of the Labor Code on the procedure for taking into account the opinion of an elected trade union body when employers adopt local regulations containing labor law norms.

Thus, the tripartite commission (one of the parties of which is the trade union body as a representative of workers) on the regulation of social and labor relations discusses and approves the drafts of many normative acts on labor.

The trade union body, representing the interests of employees in this commission, should be most active in protecting the high level of working conditions for employees, to prevent the reduction of guarantees established by law. The same can and should be done by the trade union bodies of organizations, when, according to Art. 372 of the Labor Code, the employer asks for their opinion on the draft local normative act of the organization on labor issues developed by him.

The employer, having created a draft local normative act containing labor law norms, sends it to an elected trade union body representing the interests of the majority of employees.

The trade union body must express its written opinion on this document within five days. If such an opinion turns out to be negative or contains proposals for changing it, then the employer has the right, within three days, to invite the trade union body to come to an agreement through joint consultations (part 3 of article 372 of the Labor Code).

Thus, although the code reduced the scope of the rights of the trade union body
(with consent - to take into account the opinion) when adopting local labor law, but gives him the opportunity to more actively defend the labor rights and interests of employees with his motivated opinion.

If agreement is not reached (this is formalized in a protocol), the employer has the right to adopt a local act in its own edition, but it can be appealed by the trade union body to the relevant State Labor Inspectorate or in court. The trade union body has the right to initiate the procedure for a collective labor dispute, that is, to proceed with the formation of a conciliation commission. Thus, part 4 of Art. 372 of the Labor Code, the specified protocol of disagreements between the employer and the trade union body on the draft local normative act adopted by the employer makes it a legal fact - the basis for the emergence of a collective labor dispute, when the parties must proceed to peaceful procedures for resolving it in accordance with Art. 398, 401 of the Labor Code and the Federal Law on Collective Labor Disputes.

Within a month, the State Labor Inspectorate must check the compliance of the local act with the current labor legislation and, if any contradictions are found, issue an order to the employer to eliminate violations. Consequently, part 5 of Art. 371 of the Labor Code gives for the first time in our legislation the right to resolve simultaneously a collective dispute as under the Law on Collective Labor Disputes in accordance with Ch. 61 of the Labor Code on the procedure for their permission, and the state supervisory authority - the state labor inspectorate or in court. At the same time in Ch. 62 of the Labor Code does not say anything about how the court decides this. According to Art. 361 of the Labor Code, decisions of state labor inspectors, including the chief state labor inspector of the Russian Federation, can be appealed.

Such a simultaneous resolution of a collective labor dispute on the adoption by the employer (contrary to the opinion of the trade union body) of a local normative act, although it forces employers to reckon with the opinion of the trade union body, but it can create a situation where the employer will not comply with the order of the labor inspectorate, referring to the peaceful procedures for resolving the collective labor dispute or a court decision. Here, an additional new norm is needed to resolve a possible conflict.

Since for the first time such a collective labor dispute has been referred to the competence of the state labor inspectorate and the court and the peaceful procedures for its resolution, this new provision in labor law requires legislative clarification. Thus, the Labor Code provided for a certain limitation of the employer's actions on the adoption by him of a local normative act, if he did not take into account the legal opinion of the trade union body on his project.

Trade unions as the most massive organization of workers have gone beyond representing the interests of only members of trade unions. They began to represent the interests of all workers and employees, thereby indirectly representing the interests of their family members. Thus, trade unions act as one of the most representative organizations in society.

The professional interests of workers should include, first of all, their desire to improve working conditions, increase moral and material interest in the results of work. Closely connected with these aspirations is the desire of a person to feel not an ordinary executor of the will of the administration, but to be a full member of a team, a desire to improve conditions not only for work, but also for life and rest, taking into account their professional activities.

Consequently, workers and employees have special professional interests, both in the field of labor and in the field of production, everyday life and culture. In these areas, trade unions represent the interests of all workers and employees, which is of great practical importance. So the collective agreement applies to all workers and employees of the enterprise, regardless of their membership in the trade union.

Trade unions take special account of the interests of such large groups of workers as women, youth and pensioners, due to the physiological characteristics of the body, the special social role of women in the family, the adaptation of people who first come to production to new conditions, the combination of work with training by young people, etc.

The special social property of trade unions to represent the interests of not only their members, but also the professional interests of all workers and employees, includes the ability of trade unions to influence the formation of these interests, to identify, express and defend them. For this, trade unions use the mass media, various polls, as well as such traditional forms as meetings, conferences, plenums and congresses.

The right of trade unions to promote employment and employment is embodied through participation in the development of employment programs; proposals for the social protection of workers dismissed from enterprises and organizations during their liquidation or reorganization; monitoring the employment of employees and compliance with legislation on employment and employment. Termination of the employment contract on the initiative of the employer and the dismissal of the employee can be carried out taking into account the reasoned opinion of the elected trade union body of this organization (Labor Code of Art. 373).

Having made a decision on the dismissal of an employee, the employer sends to the trade union body of this organization a draft order and other documents that served as the reason for the dismissal. The trade union body must send its written opinion to the employer within a week. If the specified deadline is missed or the answer does not contain a reasoned opinion, then this does not serve as an obstacle to the dismissal of the employee.

In case of disagreement with the employer's decision to dismiss the employee, expressed in a reasoned opinion, the trade union, within three days, organizes an additional discussion of this issue with the employer, the results of which are reflected in the minutes. If these procedures did not lead to a general decision, the employer, after ten days from the date of notification of the trade union body, has the right to make a final decision. But it can be appealed to the state labor inspectorate, which must consider the application of the trade union body within ten days.

If the dismissal is unlawful, the state labor inspectorate issues an order to the employer to reinstate the employee in his previous position and pay the employee for the time of the forced absence. The employer also has the right to appeal against the order of the state labor inspectorate in court.

The law provides for the right of trade unions to bargain collectively, conclude agreements and collective bargaining agreements on behalf of represented workers; trade union control over the implementation of collective agreements, agreements; sending submissions to employers, their associations, executive authorities, local self-government bodies in cases of violations of the terms of collective agreements and agreements, which must be considered by the addressees within a week. Trade unions participate in the settlement of collective labor disputes, in the organization and conduct of strikes, rallies, meetings, demonstrations, processions, demonstrations and other acts of public protest related to violations of workers' labor rights and the protection of their social and labor rights and legitimate interests.

The right of trade unions to social partnership with employers, state authorities, local governments is to establish cooperation in establishing working conditions; election to representative bodies of power and administration; participation in the management of state funds for social insurance, employment, health insurance, pension and other funds formed from insurance contributions; control over their intended use; conducting and organizing recreational activities in labor collectives; development of health resort treatment, recreation, tourism, physical education and sports.

The right to interact with representative bodies of employees of the organization, the management bodies of the organization is built on the basis of cooperation.

The formation of various representative bodies of workers in organizations cannot be an obstacle to the creation and implementation of the activities of trade union bodies, which have the right to recommend their representatives for participation in the representative bodies of this organization. But such participation does not prevent the trade union bodies from contacting the employer directly to resolve issues related to the labor relations of employees participating in collective labor.

Trade unions have the right to receive information on social and labor issues from employers, state authorities and local governments. Trade union bodies can discuss the information received using the mass media. The involvement of the media was very actively used when discussing the drafts of the new Labor Code of the Russian Federation.

Thus, the trade union body of the organization, with its due activity, can effectively protect the labor rights of workers on all issues on which the Labor Code provides for the opinion of the elected trade union body to be taken into account. This is Art. 73 (on changing the essential terms of the employment contract); Art. 82, 99 (on the organization of overtime work); Art. 113 (on attracting to work on weekends and public holidays); Art. 123 (on the priority of granting annual paid leaves); Art. 144 (when establishing bonus systems, incentive surcharges and allowances); Art. 147 (when establishing a list of heavy work, work with harmful and hazardous working conditions and specific additional payments to them); Art. 154 (on the specific amount of increase in pay for night work); Art. 159 (when applying labor rationing systems); Art. 162 (when introducing, replacing and revising labor standards); Art. 180 (necessary measures for mass layoffs); Art. 196 (definition of vocational training, retraining and advanced training of workers), as well as a number of articles on labor protection (Articles 218, 228, etc.).

At the stage of application of labor legislation, trade unions protect workers' labor rights from their violation by means of trade union control over compliance with labor legislation and labor protection.

2.3 Trade union control over observance of labor legislation and labor protection

The Labor Code enshrined the right of trade union control over the observance of labor legislation in Art. 370, opening chap. 58 "Protection of the labor rights of workers by trade unions".

For almost 60 years (since 1933), the Soviet trade unions, having received from the state during the liquidation of the People's Commissariat of Labor its right of state supervision and control over the observance of labor legislation and labor protection, exercised this state supervisory right, and, therefore, had certain powers of authority.

The Russian state, having ratified ILO Convention No. 81 (1947) on labor inspection, created a federal labor inspectorate in the structure of the Ministry of Labor of Russia with its local authorities, since the said ILO Convention obliges states that have acceded to it to have a state body for such supervision. Therefore, from the trade unions, the state supervision over the observance of labor legislation and labor protection was transferred to the state labor inspectorate.

The federal law "On trade unions, their rights and guarantees of activity" and the Labor Code (Art. 370) retained the right of trade union control over the observance of labor legislation, giving a great opportunity for the elected trade union bodies of the organization to actively protect the rights of workers in the exercise of this control on a daily basis.

To exercise trade union control over the observance of labor legislation, all-Russian trade union bodies and their associations may create legal and technical labor inspections, which are vested with powers provided for by the provisions on these inspections approved by all-Russian trade unions and their associations. Interregional and territorial organizations of trade unions on the territory of the constituent entities of the Federation may establish legal and technical inspections acting on the basis of the provisions adopted by these trade unions in accordance with the Model Regulations of the All-Russian Association of Trade Unions.

In practical work on the implementation of trade union control, it is recommended to use the following forms of work:

· Organization of control over the state of working conditions and safety measures directly at the workplace, providing workers with personal protective equipment, and the implementation of labor protection measures stipulated by collective agreements. Such control can be carried out through regular inspections carried out by trade union labor inspectors, members of the relevant commissions, full-time and part-time technical inspectors, other labor protection specialists of trade union bodies;

· Independent, if necessary, investigation of accidents and occupational diseases;

· To protect the rights and interests of trade union members on the issues of compensation for harm caused to their health at work;

· Make demands on employers to suspend work in cases of immediate threat to the life and health of employees;

· Participation in the work of commissions for the commissioning of newly built or reconstructed industrial and social facilities, as well as means of production and labor protection;

· Carrying out, if necessary, an independent examination of facilities for compliance with their safety and industrial sanitation requirements;

· Calling representatives of state supervision bodies at the enterprise in the event of conflict situations;

· Obtaining information from the heads of enterprises, state authorities, management and supervision on the state of labor protection at specific enterprises.

Control over the observance of regulatory legal acts on labor is carried out by checking the legality of the employer's law enforcement activities in the field of labor, including issues of concluding, executing, changing and terminating an employment contract, working hours and rest time, wages, guarantees and compensations, benefits and benefits.

Trade union inspectors have the right to take part in the development of draft by-laws on labor protection and coordinate them in the manner established by the Government of the Russian Federation; apply to the relevant authorities with a demand to bring to justice those guilty of violating labor laws.

The authorized (proxies) persons for labor protection of trade unions have the right to freely check in organizations the observance of labor protection requirements and make proposals, binding on officials for consideration, to eliminate identified violations of labor protection requirements.

Analyzing the specified rights of trade union labor inspectors and trade union representatives on labor protection, we see that the Labor Code gave them substantial rights to exercise trade union control over compliance with labor legislation and labor protection.

If trade unions more actively than now use these rights, then in practice there would be significantly fewer labor violations.

The law assigns an important role to the protection of trade union workers in order to ensure the stability of the preservation of labor relations, to avoid unjustified dismissals, since many of them, being members of the elected trade union collegial bodies, are not released from their main job and maintain labor relations with the employer. Therefore, the law provides certain guarantees to workers performing trade union functions on the job.

Dismissal of such workers on the initiative of the employer is allowed only with the prior consent of the relevant higher trade union body, and if not, then with the consent of the trade union body of the organization where such an employee works.

In addition to this protective measure, legislation allows such workers to be distracted from their main work in the organization to participate as delegates at trade union congresses and work in elected bodies. Employees elected to trade union bodies with release from their main job, given that the performance of trade union work is of a temporary nature, is guaranteed reinstatement to their previous position after the performance of trade union functions. If there is no vacant position, then the employee, with his consent, is provided with an equivalent other job in the same organization.

These categories of workers performing trade union functions with a separation from their main job retain labor rights, benefits and guarantees for the entire period of trade union work, which they enjoyed before being elected to a trade union body. In addition, the period of trade union work is counted by him in the general and special length of service.

2.4 Trade union responsibility

Like all other public associations, trade unions in cases of violation of the legislation of the Russian Federation are liable on the basis of the Federal Law "On Public Associations" (Article 41).
One of the legal guarantees of the legality of the activities of trade unions and persons belonging to trade union bodies is the possibility of their responsibility for failure to fulfill their obligations under a collective agreement, agreement, for organizing and conducting a strike, recognized by the court as illegal, when such responsibility is established by federal laws. The possibility of bringing to property (civil) liability a trade union organization that announced and did not stop the strike after it was declared illegal by the court is provided for in paragraph 2 of Art. 22 of the Federal Law "On the Procedure for Resolving Collective Labor Disputes", signed by the President of the Russian Federation on November 23, 1995. In such cases, the trade union organization is obliged to compensate for the losses caused by the illegal strike at its own expense in the amount determined by the court.

Full-time employees of trade union bodies guilty of non-fulfillment by trade unions of their obligations under collective bargaining agreements, agreements, organizing and conducting an illegal strike may be brought to disciplinary responsibility when their labor duties include the fulfillment of such obligations, and for an illegal strike - because they are obliged to comply legal norms. These workers can be dismissed from their positions in accordance with labor laws and the charter of the trade union.

Persons who are not relieved of their main job, who are members of trade union bodies, for the above actions may bear public responsibility under the charter of the trade union, up to and including recall from the trade union body.

Persons who are members of trade union bodies who have not been released from their main job and who are not released from their main job are liable in the same manner, if they have not ensured the exercise of the rights granted to trade unions.

For participation in an illegal strike, persons who are not released from their main job and who are members of trade union bodies, as well as other employees of the organization (enterprises, institutions), may be disciplined for violation of labor discipline on the basis of paragraph 1 of Art. 22 of the Federal Law "On the Procedure for Resolving Collective Labor Disputes".

According to clause 1 of article 30 of the Federal Law, for violation of the legislation on trade unions, officials of state bodies, local authorities, employers, officials of their associations (unions, associations) bear disciplinary, administrative, and criminal responsibility.

Bodies of all-Russian trade unions, associations (associations) of trade unions, primary trade union organizations have the right to demand disciplinary action up to the dismissal of officials who violate the legislation on trade unions, who do not fulfill the obligations stipulated by the collective agreement or agreement.

At the request of these trade union bodies, the employer is obliged to terminate the labor agreement (contract) with the official if he violates the legislation on trade unions, does not fulfill his obligations under the collective agreement, agreement.

3. Trade union yesterday, today, tomorrow

The predecessors of trade unions in Russia are considered to be the strike committees that arose in the 1890s. Trade unions in the proper sense of the word appeared in our country only during the revolution of 1905-1907.

It was during this period that trade union committees were formed at large St. Petersburg factories - Putilovsky, Obukhovsky. On April 30, 1906, the first citywide meeting of metalworkers and electricians took place in the Russian capital. This date is considered to be the starting point of the history of trade unions in our country.

After 1917, the characteristics of Soviet trade unions began to differ sharply from that of a similar institution abroad. It is not for nothing that in the Leninist concept the trade unions were called “the school of communism”.

Significant differences begin with the membership of Soviet trade unions. Despite their different status and opposing interests, the Soviet trade unions united everyone - both ordinary workers and enterprise managers. This situation was observed not only in the USSR, but also in all other socialist countries. It is in many respects similar to the development of trade unions in Japan, but with the significant difference that in the USSR the trade unions were not "company", but state-owned and therefore frankly refused any confrontation with the leaders.

An important distinguishing feature of the Soviet trade unions was the orientation towards promoting the ideology of the ruling party to the masses of the working people. Trade unions were part of the state apparatus - a single system with a clear vertical hierarchy. The state-owned trade unions found themselves completely dependent on the party organs, which occupied a dominant position in this hierarchy. As a result, free and self-employed trade unions in the USSR turned into bureaucratic organizations with an order system and accountability.

The gap from the masses of the working people was so complete that the members of the trade unions themselves began to perceive membership fees as a form of tax.

In the early 90s, after socio-political apathy in a number of regions of the country, workers, having shown a desire and readiness for independent action, came out with an open protest in the form of strikes. The reason was social conflicts in the sphere of social production, crisis situations in almost all areas of society, slowness and inconsistency in the implementation of reforms, deterioration of the life of workers.

The collapse of the USSR, the sovereignization of the union republics, the liberalization of prices while maintaining the monopoly of enterprises, the difficult socio-economic situation is the background against which the socio-economic and living conditions of the working people are sharply deteriorating.

The practice of holding strikes at this stage has shown that there are many unresolved organizational and legal issues; in actions, emotions and spontaneity prevail in many respects. From this period, the collective actions of trade unions united by the FNPR, social partnership relations of trade unions with the government and employers began.

I.Yu. Yurgens, V.E. Mozhaev write “the establishment of partnerships between all parties of the labor market, all those who were called to ensure the implementation of reforms, was probably the only guarantee of their implementation without social upheavals, was considered as an alternative to a sharp exacerbation of class relations , almost a civil war. "

It was at this stage of the strike struggle that the most important documents of a republican and union scale were adopted in response to the demands of the trade unions. For the first time, agreements on labor and social issues were concluded between trade unions and the government.

In 1993-1994. The FNPR manages to draw the attention of the government and employers to the social aspects of the reforms being carried out. However, the work of the created Russian tripartite commission for the regulation of social and labor relations is affected by the imperfection of the regulatory framework.

The decisions of the Russian tripartite commission for the regulation of social and labor relations are mainly of a recommendatory nature. Recognizing the legitimacy of the commission's raising of issues requiring an immediate solution, such as: on the measures taken to neutralize the socio-economic consequences of issuing energy prices for the working people of Russia; on arrears in the payment of wages to employees of organizations and institutions of the budgetary sphere, the government did not consider itself obligated to fulfill them. Economic demands grow into political ones, the question arises of the need for an All-Russian national strike.

Attempts by the Russian Government to relieve social tension caused by delays in wages, benefits, pensions do not bring tangible results. Failures in the system of social partnership, the growth of people's dissatisfaction with their position more and more often force the trade unions to resort to organizing protest actions. The forceful pressure of trade unions on the executive branch is increasing. They require not only the implementation of the agreements reached in the Agreements, full payment of debts, but also a significant adjustment of the reforms being carried out in the country.

By the beginning of the second half of the 90s. the political activity of trade unions has intensified. Trade union leaders are increasingly participating in political struggle, and many strikes are politically oriented, including the all-Russian protests held in March 1997 and April 1998.

Invading the sphere of politics, trade unions are inevitably faced with the need to define their relationship with political parties and government structures. These relations, in addition to the desire of trade unions to maintain independence, are also characterized, on the one hand, by the search for allies from among various parties whose positions and programs are close to the trade unions, and, on the other, by confrontation with those parties and movements that oppose the trade unions.

At this stage, the Russian population remains remarkably calm. According to the conflictological expertise, the share of people ready to take up arms does not exceed 7%, which is lower than similar indicators even in quite prosperous countries. The latter is explained, in particular, by the fact that spontaneous discontent should be directed by someone, but in our country the popularity of parties and other public organizations is low, and organizational capabilities, respectively, are weak. This situation provides government agencies with an additional, but not endless, credit of time to gradually adjust their economic policy.

At the same time, one cannot but agree with the conclusions of E.R. Tagirov and
LS Tronova that “The Russian tradition of resolving conflict situations is strikingly different from the American and European models. If the latter are focused on negotiations, the search for mutually acceptable solutions and compromise, then in the Russian version, the highest value has always been the struggle to victory, even at the cost of great sacrifices and trials. " The authors write that the phenomenon of the confrontational, “barricade” nature of the culture and mentality of Russia is explained by the peculiarities of its history, in which the most severe forms of serfdom, political, national oppression of autocracy, fear of reforms and the inability of the ruling class to renew society have been preserved for centuries.

The extreme ideologization of the struggle, the use of the slogans "if the enemy does not surrender, he is destroyed" or "whoever is not with us is against us" became a tragic sign of the post-October history of Russia, which contributed to the transformation of the revolution into a civil war, and then the establishment of a totalitarian political regime.

In the midst of a growing wave of strikes, threatening to spill over into an uncontrollable process, it was the trade unions that took upon themselves the organizational role and directed it towards negotiations with the authorities. In principle, trade unions are not interested in a strike. A strike, a double-edged weapon, is resorted to only when there is no other way out, when the resources of a compromise have been exhausted on the path of the negotiation process within the framework of a collective labor dispute. Compromise is the most desirable outcome.

The government is also interested in cooperation with trade unions. From a speech by V. Putin at a meeting of the General Council of the Federation of Independent Trade Unions of Russia on February 16, 2000:

« Over the years, enough figures have appeared in the government and among entrepreneurs and in the trade union movement, ready for really new, mutually beneficial, partnership relations with each other.

Of the two approaches, one of which is constant tug-of-war and the other is looking for common ground, I chose the latter. And I hope that our positions coincide here.

Our common task is to make the economy efficient. Create an economy in which people are able to work well and live well.

And there should be no doubt: the authorities today are interested in the trade unions becoming an influential and authoritative force in society. A renewed and progressive force. We have common goals with you, and let's move towards them together. "

The main task at this stage, V. Putin identified bringing the labor legislation to a state that is worthy of modern society.

“We have a huge debt - the labor code. I know that far from all the proposals of the trade unions were taken into account when working on this project. Now, with your participation, a commission is being formed to finalize it. We understand that social partnership can only be successful if the interests of all parties are taken into account. "

A huge number of people work in small and medium-sized private enterprises. The trade union movement is only "waking up" here, and the absence of full-fledged labor legislation makes them defenseless.

The union may well begin negotiations with the employers' associations. Business must get used to the idea that its leaders are responsible for the fate of the people working there.

One of the main problems that trade unions need to address is the lack of control over the working conditions of workers, the necessary inspections and control over the condition of equipment.

As a result, increased injuries, many accidents, people become disabled. It is necessary to conduct inspections, allocate qualified inspectors, join forces with the state and protect the interests of people on this front.

Trade unions can also help people navigate new market conditions. We are talking about elementary knowledge of their rights, ideas about the work of market mechanisms.

The new Labor Code of the Russian Federation was adopted by the State Duma on December 21, 2001 and approved by the Federation Council on December 26, 2001. In the new Labor Code, a number of problems that surfaced in the 80-90s were resolved.

The growth prospects for our unions are enormous. They must fill the space where a person hiring a job can feel their security, and not only material and legislative, but also feel professional corporate solidarity.

Trade unions today closely resemble the Brownian movement. Everyone is acting in different directions, chaotic and incoherent. The fact that we have many unions is detrimental to the cause, because only a few large unions are really concerned about the problems of workers and are able to protect their interests. For the most part, these are organizations dealing with a very limited range of issues that do not yet fulfill the main thing - the protection of the employee's rights in the face of the employer. The problem of acquiring a ticket to a sanatorium or a place in a pioneer camp is by no means the most important thing that trade unions should do.

Russian workers employed at the enterprises of transnational corporations, workers in our budgetary sphere, the so-called "social sphere", need tough, principled trade union protection. The same assistance is required on the eve of Russia's accession to the World Trade Organization by the workers of thousands of enterprises in the country's steel-producing regions, our agrarians. And this is just a part of the large-scale assistance of trade unions that our society is waiting for in solving the unprecedented task of building a social state for Russia.

Conclusion

The trade union has rooted with all its roots in our lives. Now no one simply can not imagine their life without a union. Another thing is how capable he is at the present time and is armed with knowledge of legislative and legal documents in order to professionally protect the interests of workers. Without a trade union, everyone would be completely dependent on the will of the administration, which often either does not take into account the interests of the collective, or is unable to make a decision independent of the main customer.

Today there are already more than 12 thousand trade union organizations. And growth comes from below, at the initiative of the workers. They want to have unions that truly defend their rights.

But along with this, another was noted - alarming! - tendency: a decrease in the role of trade union committees in the regulation of social and labor processes at enterprises. It is not only a matter of the positions of trade union leaders, although a lot depends on this. But also in the fact that the legal framework lags far behind the ongoing processes.

Today, for example, there is no law on employers' associations. The very notion “employer” is vague and has no definition. This is a small shopkeeper, and one who is engaged in the shuttle business, and the owner of a large joint-stock company, and so on. On what basis should they unite? What should be their responsibilities? All this should be reflected in the law on employers' associations. And trade unions should actively promote this law.

Many employers put pressure on employees of their enterprises in order to force them to leave the trade union, threatening with layoffs, layoffs, deprivation of bonuses, etc. Some buckle under this pressure and write a letter of resignation from the trade union, write with their own hands.

The time is not far away when extreme situations arose due to non-payment of wages on time or the forthcoming reduction of employees of the enterprise. It was the trade union committee that managed to restrain people within the framework of law and order and to act through negotiations at various levels of government. Trade unions by their very nature are a conservative force, "restraining" both power and excessive business appetites.

For people in trouble for various reasons, the trade union is the only authority that supports them. And from the moral point of view, the trade union organization is of great importance for the working people. Feeling protected in our turbulent and difficult times is already a lot for any person, especially with a modest income.
The time and situation prevailing in the country oblige us not to stand still, not to wait for favors from employers. You need to defend yourself intelligently, skillfully, assertively, with dignity and, of course, collectively. And how can we not repeat the well-known slogan for a long time: "Our strength is in unity." So the trade union is a recognized necessity for us.

Bibliographic list

Regulations

1. The Constitution of the Russian Federation of 12.12.1993.

2. Labor Code of the Russian Federation. M., 2007.

3. On trade unions, their rights and guarantees of activity: Federal Law of 12.01.1996. // Russian newspaper. 1996.20 Jan.

4. On public associations: Federal Law of 19.05.1995. // Russian newspaper. 1995.27 May.

Main literature

1. Snigireva I.O. Trade unions and labor law. M., 1993 .-- 326 p.

2. Labor law of Russia: textbook / ed. IN AND. Mironov. M .: Publishing house of LLC Journal "Personnel management", 2004. - 537 p.

3. Labor law of Russia: textbook for universities / ed. K.N. Gusov,
V.N. Tolkunova. M .: Publishing house "PROSPECT", 2004. - 492 p.

4. Yurgens I.Yu., Mozhaev V.E. Trade unions: yesterday, today, tomorrow /
I.Yu. Yurgens, V.E. Mozhaev // BPA. 1996. No. 1. - 18 p.

additional literature

1. Vdovichenko L.N. Conflict factors in the RF / L.N. Vdovichenko // Bulletin of Moscow University. Series 18. 2005 No. 3. - 92 p.

2. Weber A.B. Class struggle and capitalism. M: 1986 .-- 312 p.

3. Strikes 1989-1993 in Russia / edited by A.K. Zaitsev. Kaluga. 1996 .-- 57s.

4. Lynev R. Round table "Are there trade unions in Russia?" / Lynev R. // Russian Federation today. 2008. No. 22.

5. Lynev R. What are the current trade unions and who do they protect today / Lynev R. // Russian Federation today. 2008. No. 22.

6. Tagirov E.R., Tronova L.S. Conflicts in society: from opposition to agreement. Kazan. 1996. - 52s.

7.http: //www.kremlin.ru/appears/2000/02/16/0000_type63376_28439.shtml

Weber A.B. Class struggle and capitalism. M: 1986.S. 42.

Yurgens I.Yu., Mozhaev V.E. . Trade unions: yesterday, today, tomorrow / I.Yu. Yurgens, V.E. Mozhaev // BPA. 1996. No. 1.P. 5.

Yurgens I.Yu., Mozhaev V.E. . Trade unions: yesterday, today, tomorrow / I.Yu. Yurgens, V.E. Mozhaev // BPA. 1996. No. 1. S. 74.

Strikes 1989-1993 in Russia (sociological aspect) / Ed. A. K. Zaitseva. Kaluga, 1996 .-- p. 57.

Vdovichenko L.N. Conflict factors in the Russian Federation // Vestnik Moskovskogo
university. Series 18. Sociology and Political Science. 2005. No. 3. P. 92

Tagirov E. R., Tronova L. S. Conflicts in society: from confrontation to agreement. Kazan, 1996.S. 13.

Http://www.kremlin.ru/appears/2000/02/16/0000_type63376_28439.shtml