Strike as a special form of manifestation and method of resolving a collective labor dispute. Strike as an extreme form of labor conflict
Send your good work in the knowledge base is simple. Use the form below
Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.
Posted by http://www.allbest.ru/
Ministry of Education and Science of the Russian Federation
Federal State Budgetary Educational Institution of Higher Professional Education
Tyumen State University
Financial and Economic Institute
Department of Management, Marketing and Logistics
Test
Strike as an extreme form of labor conflict
Tyumen 2014.
Introduction
Labor conflicts between the parties to labor legal relations, which is the employer and the worker, may arise according to the most distinct reasons, grounds and at any stage of labor relations. They may precede this relationship or to replace them.
It is known that any action causes opposition. In social relations, the "power" forms of impacts taken by one side inevitably cause the corresponding response of the other party. In the social sphere, such a reaction to the "pressure" traditionally are strikes and strikes.
The strike is traditionally considered one of the effective forms of peaceful confrontation in the field of labor relations. Active speeches of labor of labor for their own, first of all, economic, the rights not only indicate extremely acute problems in the field of labor relations, but also as it may be transmitted in the society of mood.
The use of such a "tool", as a strike, in the resolution of social problems in the field of labor relations is a very serious and extreme measure, whose popularity is only grows in our society than and explains the relevance of this topic.
The purpose of the test work is to consider the theoretical foundations of strikes as an extreme form of labor conflicts.
1. To explore the concept, shapes and types of strike;
2. Consider the classification of strikes;
3. To study the basic measures to prevent strikes.
labor warning strike
1. Concept, shapes and types of strikes
In the course of the discussion going on two approaches to the concept of "strike".
Another position proceeds from the situation that the social protest workers in production should not always be reduced to strikes, since there are various hidden forms of resistance to unfair actions of the administration.
The strike is a social (labor) conflict, that is, it expresses the need for updating, changing existing livelihoods. It is a means of reorganization. The strike can also be defined as a group, organized, vowel (unlike sabotage) and targeted impact on the production process and the time of the subject's temporary refusal to participate in regulated activities in order to meet the requirements nominated them. The strike of the strike can be a separate group, a working team or a branch as a whole.
The strike is one of the means to resolve collective labor (industrial) conflicts and defending their socio-economic interests by workers. The term "industrial conflict" in Western countries is used as a synonym for the concept of "strike" and in the study is used in the same sense. In Russia, the term "labor conflict" is more common, the strike appears as one of the forms of such a conflict, concluding in a collective refusal to continue work on the previous conditions in order to provide pressure on managers or government (strike - from Ital. Basta! - Pretty! Enough! ).
Strikes (labor conflicts) may have different tensions: they either contribute to the preservation of the existing socio-economic system, or destroy it.
The strike has economic, socio-psychological and political aspects. In an economic aspect, its essence determines the relationship between the labor market and capital. The social aspect of labor conflicts is, first of all, the relationship between social groups and individuals. On the part of the owner there are layers of entrepreneurs and managers, each of which has a complex social structure. For employees in conflicts, not a homogeneous mass is also involved, their subject is a separate worker and labor collective (trade union). The socio-psychological aspect of labor conflicts is expressed in the behavior of people in a crisis situation. For one (the owner, entrepreneur) is the desire to preserve its social position even by losing certain values \u200b\u200b(loss of working time and products as a result of the suspension of work), for others (employees) change their social status. During the transition from economic requirements, political workers are gradually included in another system of social relations. The political aspect of labor relations covers the scope of the working movement, states and various political parties. If the state acts simultaneously and in the role of the owner (employer) and in the role of an intermediary, and as a defender of interests, the conflict with workers can become global, which is essentially happening now.
Participation in the strike is voluntary. No one can be forced to participate or refuse to participate in the strike. Representatives of the employer are not entitled to organize a strike and take part in it. The decision on the announcement of the strike is made by the meeting (conference) of employees of the organization, branch, representation or trade union organization, trade union combination. About the beginning of the upcoming strike, the employer must be warned in writing no later than ten calendar days.
The strike is a really tangible threat of losses from those against whom it is directed, as it is fraught with a drop in productivity there, a decrease in the quality of goods and affected services, payment by entrepreneurs (employers) of fines of non-existent partners in economic relations, in cases of disruption, supplies to a predetermined time , lack of profit, etc. A similar threat of extremely unwanted, ruining and destructive to the enterprise and the industry of the economy is used to strike with employees, as a reinforcement of the requirements nominated by them, as a means of pressure on employers - owners, state authorities and local self-government.
Another feature of the strike in modern conditions is that it is actually always organized, stacked in the framework of the labor legislation in the country. This is usually a pre-planned and well-prepared action sent by the governing body - a strike or trade union committee, with its leaders based on support, most of the participants in strike, certain public movements, political parties and the media, and that fractions regional legislative assemblies and federal parliament. An important feature of the current strikes is a manifestation with the special acute social tension, characteristic of a separate branch of the economy or region, a variety of forms of conflict confrontation, including both passive resistance and spontaneous protest and active coordinated actions. Most often, the confrontation does not break through suddenly, not once, but increases gradually, fading all new and stringent requirements.
2. Classification of strikes
Strikes are divided into:
Official and unofficial (informal are those who are silent, do not include in statistics - according to some estimates of them up to 90 percent);
Legal and illegal. It is known that in a number of sectors of the economy and management, any strikes are prohibited by law.
Symbolic strikes are short-term in nature and are used for a kind of testing of the team's readiness, social group to decisive actions. This is to some extent a demonstration of determination to go for a serious aggravation of relationships.
With partial strikes, some part of the collective associated with a single technological chain are brave. For example, mines mining coal, but does not ship it to consumers.
A pulsating strike - when the works are stopped alternately associated with the total technological chain. A peculiar shape of the strike can be a decrease in the pace of work, work strictly according to the rules, a nebody to work, strike through dismissal, occupation strike, strike on the contrary.
On the scale of the strike can be classified as:
Single when announces a strike one production team;
Sectoral;
Nationwide.
As evidenced by the experience of world strike movement, strikes on the forms of them are not homogeneous. They can be divided into several types:
1) "Ordinary strike" - workers stop production and leave their jobs. Production of products, various kinds of products, completely stops;
2) "Work on the rules or" Italian strike "- employees do not stop production, and, on the contrary, in the process of production strictly follows all the rules of production, the rules for the technical operation of equipment, safety equipment, etc. Strogly compliance with all these rules usually leads to one or another failures in the work of enterprises, organizations, institutions. Such strikes are not settled by the current legislation - are outside legal regulation. Claims to employees incorporated in such a strike, it is almost impossible to prevent;
3) "Slowing work" - compared with the "ordinary strike" she is as it were from half character: the production of products does not stop completely, but only its volumes are reduced;
4) "pulsating strikes" - partial, short-term cessation of work by employees of the entire enterprise or employees, whose work is determined by one or another stage of production technology (mechanic repairmen, assemblers, turner, supplies, etc.).
In the domestic literature, another classification of strikes is offered:
· By the method of holding (termination of work, continuation of work);
· According to the degree of participation of trade unions (wild, classical);
· In the form of an organization (primitive, "according to the rules", with the occupation of an enterprise, preventive, partial, exciting, short-term, stepped, intermittent, echelonized);
· Software (international, nationwide, regional, sectoral, professional, factory, shop) ..
In Russia, "ordinary strikes" are most often held, but "Italian strikes" have already happened. So, about the intention "work according to the rules", i.e. Do not produce faulty trains on the lines, the Moscow Metro machinists said, and drivers of one of the Lipetsk AutoPresent enterprises in response to limiting the rights of their trade union organization refused to work on little faulty buses.
3. Warning strikes
The strike is like, on the one hand, the view, and on the other, the method of resolving the collective labor conflict is extremely undesirable not only for those categories of persons who directly or indirectly turn out to be drawn into this process, but for the entire state. Ultimately, the costs associated with the strike, as a rule, turn out to be immeasurably higher than those demands that are satisfied, not to mention the even greater "price" strikes ending in unsuccessful or recognized in the prescribed manner illegal. Therefore, the prevention of strikes is a very important task facing our society.
There are several ways to prevent strikes - one of the most unfavorable types of collective labor conflicts for society.
First, it is the creation of economic conditions that ensure the possibility of satisfying the material interests of groups - participants in strike by mobilizing their own efforts.
Secondly, this is the creation of a working "negotiation mechanism" between the parties involved in the strike. The main focus here should be a search for compromises between conflicting groups. It is necessary to find out the requirements of the strikers, search for compromises, explain the prospects, to turn the unwanted situations that strike the allies. It is advisable in this regard, the creation of a special service for regulating labor conflicts, which, by the way, is envisaged by one of the project options for the Foundation of the Labor Legislation of the Russian Federation.
Thirdly, it is advisable to adopt a more effective law on the regulation of collective labor conflicts and code the norms regulating the relations of labor collectives with employers.
Fourth, you need a message about its duration no later than two weeks. On the possibility of the upcoming strike, the administration immediately warns suppliers and consumers, transport organizations, as well as other interested enterprises, institutions, organizations. In most cases, the solutions of both individual and collective labor conflicts are legal. However, this question is solved by no means definitely. Let's say, far from any strike, being a means of resolving a collective labor conflict, can be considered as legal. It is no secret that most strikes go beyond the collective labor conflict, often dismissed into witness, and sometimes to political shocks. It is indisputable that from the point of view of the current legislation, they should be considered illegal; In this case, the mechanism provided for by Art is entered into operation. 9-17 of the law "On the procedure for resolving collective labor disputes (conflicts)". However, it would be completely incorrectly too simplistic to interpret questions about the legality or illegality of strikes.
As you know, the strikes are illegal:
a) on political reasons, including the requirements for changing the constitutional system; convocation, dissolution or change of the procedure for the activities of the highest bodies of state power, the resignation of their leaders or leaders of the state and the republics, as well as with the requirements that guide the violation of national and racial equality or the change in borders;
b) announced without compliance with the procedures established by law.
Termination of the work as a means of resolving a collective - labor conflict is not allowed if it creates a threat to the life and health of people, as well as in enterprises and in organizations of railway and urban public transport (including metro), civil aviation, communications, energy, defense industries (in divisions Directly occupied by the production of defense products), in government agencies, in enterprises and organizations to which the tasks of ensuring defense capability, law and order and security of the country are entrusted, in continuously operating production, the suspension of which is associated with severe and dangerous consequences.
Labor teams of these enterprises and organizations or trade unions after compliance with the established conciliation procedures have the right to apply for their legal rights and interests to the President of the Russian Federation or the Prime Minister of the Russian Federation, other senior officials of the republic, who consider their requirements and endure the relevant decisions on them term.
Conclusion
So, based on the foregoing, it can be concluded that today strikes are a very popular way of impact on the employer, in order to meet its employment interests.
The main features of the strike as an employment conflict are: the massive nature of working in it; Often a high degree of organization; Availability of management bodies; A significant impact of the strike on those against whom it is directed.
Sometimes, the strike is so large-scale that the threat of its application forces the government to make concessions.
It is worth remembering the main methods of preventing strikes, namely:
1. Creating a favorable economic situation, in which the employer can easily satisfy the material interests of employees by mobilizing their own efforts;
2. The creation of such conditions for the interaction of workers and the employer, in which both parties will be able to find compromises, without bringing relations to the extreme stage of labor conflict.
3. Improving labor procedural legislation as a legitimate method of resolving labor conflicts.
4. Timely, namely no later than two weeks, prevention by the administration of suppliers and consumers, transport organizations, as well as other interested enterprises, institutions, organizations about the possibility of the upcoming strike.
Bibliography
1. Dmitriev, A.V. Conflictology: Textbook / A.V. Dmitriev. - 3-e ed., Pererab. - M.: Alfa-M: Infra-M, 2009. - 336 p.
2. Strike and sabotage [Electronic resource] // www.labordisputes.ru [site] -URL: http://labordisputes.ru/theory/zabastovka-i-sabotazh.html
3. Kibanov, A. Ya. Conflictology: Textbook / A.Ya. Kibanov, I.E. VOROREKIN AND DR.; Ed. AND I. Kibanov; State University. Control. - 2-e ed., Pererab. and add. - M.: NIC infra-M, 2014. - 301 p.
4. Kozyrev, G. I. Conflictology: Textbook / G.I. Kozyrev. - M.: ID Forum: Infra-M, 2010. - 304 p.
5. Essays of conflictology of real situations [Electronic resource] // www.econom.nsc.ru [site] -URL: http: //www.econom.nsc.ru/eco/arhiv/
ReadStatiy / 00_12 / Pazovskiy.htm
Posted on Allbest.ru.
Similar documents
The model of participation in the trade unions, the demand of employees for their services. Objectives and models of the behavior of trade unions, the functions of their utility. Features of the negotiation and strike process. Trade unions and benefits in wages, resource allocation and performance.
course work, added 03/08/2011
The concept, types and causes of labor disputes, the order and principles of their consideration. Settlement and preventing labor conflicts. Conciliation procedures for labor disputes. Fasting as an extreme form of resolving socio-labor conflict.
thesis, added 04.08.2008
The main types of conflicts: intrapersonal, interpersonal, between personality and group, intergroup. Causes of labor conflict and its shape: strike, demonstration, appeal to the public through the media. Methods of maintaining and developing cooperation.
presentation, added 04/13/2014
Essence of the employment contract. The concept of an employment contract and its characteristic in the modern period. Parties and the content of the employment contract. The procedure for concluding an employment contract. The main forms and types of employment contract.
abstract, added 07/28/2007
Study of the main theoretical aspects of labor relations. Characteristics of the content and reason for the occurrence of labor relations. The study of the mutual rights and obligations of the employee and the employer. Analysis of the features of the preparation of an employment contract.
coursework, added 10/27/2012
Essence of work. The concept and structure of labor behavior. The characteristic of the causes and motifs leading to the destructive form of the employee's labor behavior in the organization. Typology forms of manifestation of destructive labor behavior.
abstract, added 24.11.2010
The concept and characteristics of labor disputes. Individual labor disputes. The concept, subject, parties and types of collective labor disputes. State supervision and control over compliance with labor legislation. Problems in the resolution of labor disputes.
course work, added 30.10.2008
Civil organizations as a subject of social policy. The status of trade unions and the forms of their organization. Formation of the goals and policies of trade unions. Impact of trade union activity at the level and structure of earnings, distribution of income and productivity.
thesis, added 01/23/2009
Essence and function of labor conflict. The main causes and types of labor conflicts. Personal and professional business ambitions. Methods for the prevention of labor conflicts. Management of conflicts in organizations. Constructive and destructive conflicts.
coursework, added 12/14/2016
The concept, function and classification of the organizational conflict. Study of organizational conflict issues. Causes of conflict in labor collectives. Overcoming conflict situations. Conflict development at the enterprise NMZ LLC.
Introduction ..............................................................................................4
The right to strike and its limitations ..................................................... ..6
Illegal strikes ............. ... ............................................................. 7
Guarantees for workers participating in strikes .................................... 8
The procedure for the announcement of the strike ............ ... ............................................. ... 9
The rights and obligations of the arguing sides at the strike ................................. ... 11
Completion of the strike .................................................................................... ... ..13
Analysis ..................................................................................................... ....... 14
Conclusion ................................................................................................... ... ..16
List of references ................................................................................ 17
Introduction
Strike, as indicated by Art. 398 TC, this is a temporary voluntary refusal of workers from working duties (fulfillment or partly) in order to resolve the collective labor dispute.
Unlike the conciliation procedures for resolving the collective labor dispute, the strike is an ultimatimative action of workers, pressure on the employer by terminating work in order to avoid fulfilling its requirements that are not resolved in recrimine procedures. It is an extreme, exceptional measure of the resolution of a collective labor dispute, which has grown into conflict.
According to experts, the main reasons for the strike are the drop in the level of real wages, its late indexation and chronic delays with the payment.
The strikes are loss not only the employer, but also workers (do not receive salary), the profit of not only the striker of the labor collective, but also consumers and suppliers of this software production, and therefore, the income of the entire state is reduced.
Strikes are:
Official and unofficial (informal are those who are silent, do not include in statistics - according to some estimates of them up to 90 percent);
Legal and illegal. It is known that in a number of industries and management, any strikes are prohibited by law.
Symbolic strikes are short-term in nature and are used for a kind of testing of the team's readiness, social group to decisive actions. This is to some extent a demonstration of determination to go for a serious aggravation of relationships.
With partial strikes, some part of the collective associated with a single technological chain are brave. For example, mines mining coal, but does not ship it to consumers.
A pulsating strike - when the works are stopped alternately associated with the total technological chain. A peculiar shape of the strike can be a decrease in the pace of work, work strictly according to the rules, a nebody to work, strike through dismissal, occupation strike, strike on the contrary.
Single when announces a strike one production team;
sectoral;
nationwide.
Right to strike and its restrictions
The right of citizens on strike is recognized and guaranteed only when it is used as a way to resolve labor conflict. This is an important characteristic. This right, like any other constitutional right, may be limited in cases where it is necessary to protect the basics of morality, health, the rights and legitimate interests of others, ensuring the defense of the country's country and security. It may be limited and in accordance with the Law on Emergency.
In accordance with Article 55 of the Constitution of the Russian Federation and Article 413 of the Labor Code of the Russian Federation are illegal and strikes are not allowed:
1) during periods of administering military or emergency or special measures:
In the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations that are responsible for ensuring the development of the country's security, security of state, rescue, fire-fighting, prevention or elimination of natural disasters and emergencies;
In law enforcement;
In organizations directly serving especially hazardous types of industries or equipment, at ambulance stations and emergency medical care;
2) in organizations associated with ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, aviation, railway and water transport, communications, hospitals), in the event that strikes create a threat to the defense of the country and security of state, life and health of people.
^
Illegal strikes
The strike in the presence of a collective labor dispute can be found illegal if it has been declared without records, procedures and requirements provided for by the TC RF.
The decision to recognize the strike illegal is accepted by the Supreme Courts of the cities of federal importance, the courts of the autonomous region and autonomous districts at the request of the employer or the prosecutor.
The decision of the court is brought to the attention of workers through the body heading the strike, which is obliged to immediately inform the participants of the strike on the court decision.
The decision of the court on the recognition of a strike illegal, which has entered into legal force is subject to immediate execution. Employees are obliged to stop the strike and proceed to work no later than the next day after presenting a copy of the specified court decision by the body heading the strike.
In the event of the establishment of the immediate threat of life and the health of people, the court has the right to postpone the long-term strike for up to 30 days, and began to suspend the same time.
In cases of particular importance to ensure the vital interests of the Russian Federation or its individual territories, the Government of the Russian Federation has the right to suspend strike until the issue of the question of the relevant court, but not more than ten calendar days.
^
Guarantees for employees participating in strikes
The legislation establishes certain guarantees by strike, their right to work. So, it is not considered a violation of the labor discipline participation of an employee in a strike, since its actions to terminate work are not disciplinary misdemeanor, but permitted by law. Therefore, it is forbidden to apply to the running measures of disciplinary responsibility, except when the strike is postponed or suspended, and the employee does not comply with this decision and does not go to work.
Beast worker at the time of strike is preserved place of work and position. During the participation in the strike, the employer has the right not to pay wages to the striking, but employees engaged in this period at a compulsory minimum of work, wages are accrued and paid.
Sometimes in collective agreements or agreements to employees involved in the strike, during the strike, compensatory payments of a certain size are envisaged.
Workers who are not involved in the strike, but because of her who are not able to fulfill their work, if they declare in writing about the beginning of them in connection with this idleness, this simple person is not paid to the employee in accordance with Article 157 of the Labor Code of the Russian Federation, That is, at least 2/3 of the employee's average wage. The employer can translate such workers to another work in the manner prescribed by law.
The dismissal of employees by the employer in connection with their participation in a collective labor dispute or strike (locaut) is prohibited. The norm enshrining this ban guarantees all employees participating in the collective labor dispute, the right to work. The purpose of this norm is to prevent the employer's reprisals above the strikers.
^
Order declaration strike
The procedure for the strike announcement is clearly settled by Article 410 of the Labor Code of the Russian Federation. The right to announce the strike is a representative body of workers, such a decision must be approved at the meeting (conference) of the employees of this organization, where at least 2/3 of the total number of employees should be present.
In the same article, there is a reservation: "If it is impossible to conduct a meeting (convening of the conference) of employees, the representative body has the right to approve his decision, collecting signatures of more than half of employees in support of the strike."
As you can see, the order of the strike declaration is quite democratic. The Code provided for the possibility of holding a single watch warning strike after 5 calendar days of work of the Prevention Commission. An employer is warned about her in writing no later than 3 working days, and the authority, which is heading, should provide a minimum of necessary work and services.
The decision on the announcement of the strike is considered adopted if at least half of the employees present at the meeting (conference) voted for him.
As the TK of the Russian Federation says, there is a decision to decide on the announcement of the strike in the organization and outside the organization. The decision on the announcement of the strike in the organization, branch, representation, the structural unit is accepted at the meeting of employees of this institution. The decision on the announcement of the strike at the level of the organization is taking the trade union (union of trade unions), and then it must be approved at the meeting of employees for each organization separately.
It follows from this that the strike can be carried out only in those organizations whose employees decided to approve the decision on its declaration (with a mandatory indication of all important points, in particular the estimated duration of the action).
The procedure for establishing a minimum of necessary work is also settled. Such a list for each industry (sub-separable) of the economy was developed by the relevant federal executive bodies in coordination with the All-Russian trade union (if several trade unions operate in this industry, then with all such organizations). The procedure for approving the minimum is established by a separate act of the Government of the Russian Federation.
^
Rights and obligations of arguing sides when strike
By adopting a decision on the announcement of the strike and choosing the body, heading it, employees should warn the employer about the upcoming campaign.
The warning period is 10 calendar days, and in the case of a warning strike - 3 working days.
This rule was introduced to mitigate the adverse economic consequences of the strike. During this period, the management of the organization or its separate structural divisions can take the necessary management decisions to prevent employee downtime, who do not want to participate in the strike, notify suppliers and consumers, take other measures to preserve business connections, competitiveness and profitability of the organization.
The condition for the obligatory prevention of the employer and its term is one of the most important elements of the procedure of the strike. Failure to comply with this requirement may entail recognition of the strike illegal.
In practice, the employer may be notified of the upcoming campaign by transferring a copy of the decision on the announcement of the strike.
The Labor Code provides a list of information required for inclusion in the decision. These include a description of the subject of the dispute, that is, the disagreements of the parties that are the basis for the strike.
It should be noted that at the stage of the announcement of the strike, the requirements of employees cannot be changed or supplemented. These are the differences, on which the parties could not come to an agreement during the conciliation procedures.
In deciding on the announcement of the strike indicate:
1) a list of disagreements of the parties to the collective labor dispute, which are the basis for declaring and holding a strike;
2) the date and time of the strike, its estimated duration and the estimated number of participants;
3) the name of the body heading the strike, the composition of representatives of employees authorized to participate in the conciliation procedures;
4) Proposals to minimize the necessary work (services) performed in the organization, branch, representation, another separate structural division during the strike period.
The name of the body leading the strike, and its composition must be indicated in the decision to determine the responsible persons participating in the conciliation procedures during the strike period, in reaching an agreement on the minimum of the necessary work (services), the fulfillment of other duties.
During the strike, the side of the collective labor dispute is obliged to continue the resolution of this dispute through the conciliation procedures. They independently determine which procedures should be carried out in what order and in what time frames. The continuation of the conciliation procedures is the main responsibility of the parties during the strike. Evasion from participation in them is not allowed.
Employer, executive authorities, local governments and a body led by a strike are obliged to adopt their measures to ensure public order in the period of strike, the safety of the property and employees, as well as the work of machines and equipment, which represents the immediate threat to life and health of people.
These responsibilities are assigned primarily on the organizer of collective action - the body heading the strike.
One of the most important duties of workers during the strike is to ensure the minimum of the necessary work (services) in organizations, branches, representative offices, whose activities are related to the safety of people, ensuring their health and vital interests of society.
Ensuring a minimum of work (services) is extremely important, since otherwise the strike can be recognized illegal, and its organizers may suffer punishment.
^
Completion of the strike
The TC does not pay attention to the stage of stopping the strike and the methods of its termination. The only thing is that directly provided by TC is the possibility of recognizing the strike illegal and the obligation of workers to stop such a strike (Art. 413 of the TC).
Analysis of articles ch. 61 TC makes it necessary to conclude that the standard way to stop the strike should be an agreement on the resolution of a collective labor dispute, concluded during the strike as a result of conciliation procedures (Art. 412 of the TC).
In practice, there are situations where employees cannot achieve their requirements and stop the strike without the conclusion of any agreement. There were situations when a government commission was created to resolve a large-scale collective work dispute, which participated in the conclusion of relevant agreements, although it is not provided directly by law.
Analysis
I believe that the acting procedure for regulating strikes, provided for by the Labor Code of the Russian Federation does not meet the interests of employees whose labor interests are systematically and often with impunity violate many employers.
In particular, I noted that the current procedure for the resolution of collective labor disputes, ads and holding strikes, provided for by the Labor Code of the Russian Federation, does not contribute to the real permission of emerging controversial or problem situations and conflicts in the field of socio-labor relations, forces workers to retreat from resolving controversial problems The difficulties of their consideration, duration in time, low efficiency and the overall restrictive-prohibitive orientation of the procedures established by law.
06/30/2006 Certain adjustments were made to the legal mechanism for regulating collective labor disputes. However, they could not solve the main problem - the removal of formal obstacles to the organization and holding strike. Some changes in articles even strengthened the requirements for procedural issues to the strike organizers. So, Art. The 410 of the Labor Code of the Russian Federation was supplemented with a requirement that in the case when the strike was not begun on time defined by the decision on the declaration of a strike, the further permission of the strike is carried out in the manner prescribed by Art. 401 of the Labor Code of the Russian Federation, that is, the strike organizers are returned to the initial position - to a repeated long-term conciliation procedure. As you know, conciliation procedures in resolving a collective labor dispute provide for a consistent passage of several stages: consideration of the dispute to the reconciliation committee; negotiations with the participation of an intermediary; Consideration of the dispute in the labor arbitration.
Announcement of the strike without taking into account deadlines, procedures and requirements defined by the current legislation makes it illegal. It is also illegal as it is recognized in the presence of circumstances limiting or excluding the possibility of its holding (Art. 413 of the Labor Code of the Russian Federation). The restrictions established by law often use entrepreneurs who strive for rapid enrichment, manipulate wages, save funds to labor protection and improvement of working conditions, reduce the costs of household needs of employees. Employers find various tricks and formal reasons to justify the illegality of the strike. The benefit of the norms of the Labor Code of the Russian Federation, regulating the strike, make it easy to associate any suspension of work in enterprises of both the spheres of production and services of services in violation of the life of the population.
Articles of the Labor Code of the Russian Federation are formulated so that the initiators of strikes always restore the concerns of recognizing it by illegal by the competent authorities or the court.
The implementation of the rights of workers on the strike was made dependent on the will of the whole team of employees of the organization, whose supreme governing body - the meeting - decides on the announcement of the strike if the conciliation procedures do not lead to the resolution of a collective dispute, or the employer (his representative) evades participation in The conciliation procedures or does not comply with the agreements achieved during the dispute resolution, or does not fulfill the decision of the employment arbitration.
At the same time, the tradition was preserved to consider strike as an extreme measure of the expression of protest workers, displeased violations of the rights and interests from the employer (owner), which gives the right to competent authorities, the courts easily recognize it illegal, independently evaluate and withdraw from it various contingents of workers directly related to provision vital activity of the population.
Conclusion
In this work, I considered the topic of the right to strike, the procedure for its implementation and organization.
As we learned a strike - a collective act undertaken by a group of workers. This is a temporary stop of work, after completing which everyone must return to their jobs. According to the law, participation in the strike is voluntary. No one cannot be forced to be among the strikers or refuse to participate in the strike. If the person resorts to coercion, it bears disciplinary, administrative and even criminal liability in the manner prescribed by the Labor Code of the Russian Federation and other federal laws. At the time of legal strike, the place of work and the position remains for the strikers.
The law also indicates that the employer's representatives are not entitled to organize a strike and take part in it.
Also in the analysis, I indicated that the current procedure for regulating strikes, provided for by the Labor Code of the Russian Federation, does not meet the interests of employees whose employment interests are systematically and often with impunity violate many employers.
I consider the work code that I do not consider it quite fully regulates the procedure for resolving disputes at the various stages.
Bibliography
1. Labor Code of the Russian Federation.
2. Vasina Yu.A. Comment (article) to the Labor Code of the Russian Federation of Official Bodies. M.: Independia. 808 p.
3. Anisimov L.N., Anisimov A.L. Labor contracts. M., 2002. P. 272 \u200b\u200b- 303.
Send your good work in the knowledge base is simple. Use the form below
Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.
Federal Agency for Culture and Cinematography
Federal State Educational Institution
higher professional education
Chelyabinsk State Academy of Culture and Arts
Cultural Faculty
Test
by discipline:
TOonflictology
Strike as a social conflict
Performed: 4th year student
Correspondence department, group CSO №308
Strankina L.V.
chelyabinsk -2009g.
Introduction
1. Conflicts
1.1 Historical essay
1.2 Concept of conflict
1.3 Conflict Wednesday
1.4 Conflict participants
2. Labor conflicts in the organization
2.1 Strikes
2.2 Classification of strikes
2.3 Warning strikes
2.4 Shakhtar strikes in the Urals
Bibliography
Applications
Introduction
Society as a holistic education is characterized by a complex system of relations - economic, social, political, moral, related, spiritual, etc. The basis of these relations is the needs and interests of people. If they arise in the way of implementing these needs and interests, goals and expectations, this leads to exacerbation of contradictions between people, their social groups, gives rise to tension, crisis situations, conscious conflict, conflicts.
The peculiarity of social conflicts in the present conditions is that they arise in the situation of the total crisis covering all spheres of public existence due to the emergency exacerbation of social contradictions and the predominance of the strengths of their permission, an increase in the specific weight of the natural forms of manifestation of social discontent. All this caused the need for theoretical study of the problems associated with conflicts, developing practical measures to manage conflicts, as well as predicting their occurrence and possible consequences. If the conciliation procedures of the conflict did not lead to the permission of a labor dispute, the employer was avoiding participating in them or does not fulfill the conditions for the agreement, employees are entitled to use all the provided funds to the strike to defend their interests. Despite the fact that the strike movement at the present stage of the country's development arose quite recently, research in this area has a scientific history.
The views of L. Tolstoy with his theory of non-violent actions and coinciding with them the views of the Indian public figure, M. Gandhi occupy a special place among methodological approaches to the resolution of social conflicts. The main idea of \u200b\u200bGandhi is to reorient the focus of the fight against personalities to the principles. He proposed ten basic principles of fighting or solving social conflict, which are as follows:
Do not avoid confrontation.
Be open to communication.
Find a solution and move quickly to him.
Treat your opponent, the enemy as a potential ally.
Do not burn bridges.
Choose tactics appropriate goals.
Be flexible.
Thieme to win time.
Take weighted solutions.
Be disciplined.
Know when you need to stop.
Analysis of foreign literature on conflictology showed that in relation to our realities it is possible to use it only to a small extent. The most significant obstacle is sociocultural differences in Europe, North America and Russia
1 . Conflicts
1.1 Historical essay
In the Soviet period, labor conflicts took place in one form or another at all of its length. Already the first years of the Soviet power strike were the reaction to the alienation of the means of production from the workers in favor of the state, and the sending of strikes - the psychology of the hired relations of the pre-revolutionary period. Important importance for the labor movement at that time had relative independence of trade unions, skillfully using the political struggle in the ruling party. And, in addition, the process of forming a bureaucracy in that period only began. In the Charter of the trade unions of 1923, the right to strike was provided. And even I.V. Stalin in 19928 allowed the opportunity to strike "as means of dealing against bureaucratic perversions of the device." To the thirtieth years, under the rigid state of the state, the strike movement went to no, and the elemental speeches of the collectivization era were cruelly suppressed, as well as a later strike in Novocherkassk in 1962. In the future, the content of labor conflicts was determined primarily by socio-economic processes in society. Thus, in the second half of the 50s, a certain increase in the life level of employees was observed, which led to the exacerbation of issues related to the distribution of social and material benefits. Therefore, it is not surprising that conflicts associated with payroll (rationing, tariffing, etc.) are in the first place, many sociologists are increasingly associated with the processes of labor conflicts with reforms caused by socio-economic changes. In their row and late payment of wages, and the growth of unemployment, and phenomena that generate the most dangerous type of labor conflict, - strikes.
1.2 Concept of conflict
Today in conflict and literature there are a variety of conflict definitions. Thus, in the West, the concept of conflict, formulated by the famous American theorist L. Kozern, is widespread. He understands the struggle for values \u200b\u200band claims to a certain status, power and resources in which the objectives of the enemy are neutralization, damage or eliminate the opponent. This definition discloses a conflict to a greater extent from a sociological point of view, for its essence, according to the author, is a clash of values \u200b\u200band interests of various social groups. In domestic literature, most conflict definitions are also sociological. Their dignity is that the authors allocate the various necessary signs of social conflict represented by diverse forms of confrontation between individuals and social communities aimed at achieving certain interests and goals. Here for example, some of the conflict definitions:
L.G. Sweets: So, the conflict is the most important side of the interaction of people in society, a kind of social life. This is a form of relations between potential or relevant social actors, the motivation of which is due to opposing values \u200b\u200band norms, interests and needs.
SOUTH. Process: Social conflict is a clear or hidden state of confrontation of objectively divergent interests, goals and trends in the development of social facilities, a direct and indirect clash of social forces on the basis of countering the existing public order, a special form of historical movement to new social unity.
A.V. Dmitriev: Under social conflict, it is usually understood that the type of confrontation, in which the parties seek to seize the territory or resources, threaten opposition individuals or groups, their property or culture in such a way that the struggle takes the form of attack or defense.
Socialconflict - This is a conscious clash, the confrontation of at least two people, groups, their mutually opposite needs, interests, goals, relationships, installations, values, significantly significant for personalities and groups. In modern Russia, the nature of social conflicts determine market reforms, first of all - the liberalization of prices for goods and services and privatization of state ownership, which gave rise to a number of hardest shocks for society. Each conflict is unique, and therefore unique and the relationship of people in the process of its development. One of the important varieties of social conflict is the social and labor conflict - a specific type of relations between the participants of the employment process. Forms of socio-labor conflicts, a look appear: meetings, rallies, demonstrations, picketing, strikes. Out of doubt, an extreme form of social protest is a strike. The relevance of the topic of a strike movement as a means of resolving socio-labor conflicts Currently in Russia acquires increased severity. The social and labor conflicts that became the norm in Russia demanded the adoption of a number of legal instruments. They were intended to serve the streamlining and regulation of nomination, consideration and resolution of controversial issues causing exacerbation of social tensions. One of the first acts of this kind was the Decree of the President of the Russian Federation of November 15, 1991 "On Social Partnership and Labor Dispute Resolution". In accordance with the decree, in particular, an annual conclusion between the Government of Russia, representatives of the Communications Affectors of Trade Unions, as well as entrepreneurs, was envisaged. It was in mind that the agreement would make the obligations of the parties in the field of employment of the population, the implementation of socio-economic programs, etc.
1.3 Conflict Wednesday
The social environment represents a combination of social conditions under which the confrontation of the parties arises and develops. The most common and fundamental factors of the social environment of the conflict are the type of civilization, socio-economic conditions of life and the socio-political structure of society. But the social environment of the conflict also includes all sociocultural reality surrounding man. Like any other, the social environment of the conflict has an important impact on its dynamics and solutions. In a society in a deep socio-economic and political crisis, all types of conflict will experience the powerful influence of this factor. In modern Russian society in 2000, according to the all-Russian sociological survey conducted by RNIS and NP. Problems that cause the greatest alarm of the population (in%) among social factors include the following:
* Reduced standard of living (50.4%);
* uncertainty in tomorrow (27.9%);
* health care condition (24.6%);
* lack of work or fear of losing it (20.5%);
* Heavy economic position of the country (decline in production, etc.) (19%);
* Corruption, arbitrariness of officials (18.3%);
* Crime, uncertainty in its safety (16.2%). It is possible with a great degree of reliability to argue that the improvement of the situation in the social life of people will contribute to a sharp decrease in the level of conflict, both at the level of the entire society, and within the organization, in interpersonal and intraception levels.
1.4 Conflict participants
Another major element of social conflict is its participants. Ultimately, conflicts will always be individuals with their interests, goals and values. However, social life does not reduce the interaction of individual individuals. There are various social groups, communities, peoples, political entities, legal entities, etc., which can also act as participants in the society. Thus, the participants of the conflict, as well as the conflict, may be a great set.
2. Labor conflicts in the organization
Labor conflicts are a clash of interests and opinions, estimates between representatives of various groups about labor relations (conditions, content, labor organization and its payment).
Labor conflict in the organization is considered as:
1) direct call to the internal order and stability of the labor collective, allowing to identify interests, disagreements, mutual claims and problems;
2) a method for regulating relationships, establishing an optimal order in the organization of production and labor relations;
3) the necessary stage in the development of the labor collective.
Collective labor conflicts (disputes) are usually two species:
1) conflicts arising in connection with the establishment and change in working conditions. They, in turn, are divided into disputes associated with the conclusion or a change in the previously concluded collective agreement, and disputes arising from the development of other regulatory asks or related changes in their content;
2) conflicts about the fulfillment of already prisoners of collective agreements and agreements. The disputes (conflicts), which arise in interpretation (interpretation) of the content of collective agreement, should also be attributed to this type of collective labor conflicts, since they arise in the process of their implementation, in the process of implementing the requirements contained in them. The subject of disputes associated with this type of conflict can be not only labor problems and its conditions, but also various kinds of social and domestic problems associated, for example, with the establishment of benefits for a specific category of employees, etc. The economic situation in the country affects the dynamics Labor conflicts, and on their features. If in the 80s, the socio-economic requirements dictated by disadvantages in the level and quality of life were mainly nominated, then at the turn of 1980--1990. They were added political requirements. Conflicts arose in the teams of non-production organizations due to low salary, its indexing delays. But later, the main arena of collective labor conflicts has become the industry and, first of all, the producing industries of the fuel and energy complex. Thus, in the enterprises of this industry, 60% of all foreign strikers, which gave more than 70% of all annual losses of working time. Representatives of secondary and higher education, health care, scientific institutions have not been left aside. Gradually were involved in labor conflicts workers of mechanical engineering, manufacturing industries, transport, aviation dispatchers. At the same time, labor conflicts are practically absent in private enterprises12.
Today, the main causes of labor conflict are:
* Delay of payroll;
* lack of wage indexing due to increasing inflation;
* dissatisfaction with the amount of remuneration;
* Mutual non-payment between manufacturers and consumers;
* Violations related to the implementation of labor legislation (violation of the commitments made by the employee, violation of labor legislation by the head, violation of collective agreements by both parties);
* systematic delays of budget allocations;
* worsening labor protection and growth of industrial injuries;
* Disadvantages of informatization between employees and managers of individual structural divisions.
2.1 Strikes
In the course of the discussion going on two approaches to the concept of "strike". According to the first, the strike should be considered any termination of socially regulated activities caused by an external occasion or internal opposition to its subjects. Another position proceeds from the situation that the social protest workers in production should not always be reduced to strikes, since there are various hidden forms of resistance to unfair actions of the administration.
The strike is a social (labor) conflict, that is, it expresses the need for updating, changing existing livelihoods. It is a means of reorganization. The strike can also be defined as a group, organized, vowel (unlike sabotage) and targeted impact on the production process and the time of the subject's temporary refusal to participate in regulated activities in order to meet the requirements nominated them. The strike of the strike can be a separate group, a working team or a branch as a whole. The strike is one of the means to resolve collective labor (industrial) conflicts and defending their socio-economic interests by workers. The term "industrial conflict" in Western countries is used as a synonym for the concept of "strike" and in the study is used in the same sense. In Russia, the term "labor conflict" is more common, the strike appears as one of the forms of such a conflict, concluding in a collective refusal to continue work on the previous conditions in order to provide pressure on managers or government (strike - from Ital. Basta! - Pretty! Enough! ). Strikes (labor conflicts) may have different tensions: they either contribute to the preservation of the existing socio-economic system, or destroy it. The strike has economic, socio-psychological and political aspects. In an economic aspect, its essence determines the relationship between the labor market and capital. The social aspect of labor conflicts is, first of all, the relationship between social groups and individuals. On the part of the owner there are layers of entrepreneurs and managers, each of which has a complex social structure. For employees in conflicts, not a homogeneous mass is also involved, their subject is a separate worker and labor collective (trade union). The socio-psychological aspect of labor conflicts is expressed in the behavior of people in a crisis situation. For one (the owner, entrepreneur) is the desire to preserve its social position even by losing certain values \u200b\u200b(loss of working time and products as a result of the suspension of work), for others (employees) change their social status. During the transition from economic requirements, political workers are gradually included in another system of social relations. The political aspect of labor relations covers the scope of the working movement, states and various political parties. If the state acts simultaneously and in the role of the owner (employer) and in the role of an intermediary, and in the role of the defender of interests, the conflict with workers can turn into a global, which in essence and happens now.
Strike- By defining the federal law "On the procedure for the resolution of collective labor disputes" of October 20, 1995, "Temporary voluntary refusal of workers from working duties (fully or partially) in order to resolve the collective dispute." The right to strike is guaranteed by Art. 37 of the Constitution of the Russian Federation. . Participation in the strike is voluntary. No one can be forced to participate or refuse to participate in the strike. Representatives of the employer are not entitled to organize a strike and take part in it. The decision on the announcement of the strike is made by the meeting (conference) of employees of the organization, branch, representation or trade union organization, trade union combination. About the beginning of the upcoming strike, the employer must be warned in writing no later than ten calendar days.
The strike is a really tangible threat of losses from those against whom it is directed, as it is fraught with a drop in productivity there, a decrease in the quality of goods and affected services, payment by entrepreneurs (employers) of fines of non-existent partners in economic relations, in cases of disruption, supplies to a predetermined time , lack of profit, etc. A similar threat is extremely unwanted and, in fact, the consequences for the enterprise and the industry, the consequences are used to strike as a reinforcement of the requirements nominated by them, as a means of pressure on employers - owners, state authorities and local self-government. Another feature of the strike in modern conditions is that it is actually always organized, stacked in the framework of the labor legislation in the country. This is usually a pre-planned and well-prepared action sent by the governing body - a strike or trade union committee, with its leaders based on support, most of the participants in strike, certain public movements, political parties and the media, and that fractions regional legislative assemblies and federal parliament. An important feature of the current strikes is a manifestation with the special acute social tension, characteristic of a separate branch of the economy or region, a variety of forms of conflict confrontation, including both passive resistance and spontaneous protest and active coordinated actions. Most often, the confrontation does not break through suddenly, not once, but increases gradually, fading all new and stringent requirements.
2.2 Classification of strikes
Strikes are divided into:
Official and unofficial (informal are those who are silent, do not include in statistics - according to some estimates of them up to 90 percent);
Legal and illegal. It is known that in a number of industries and management, any strikes are prohibited by law.
Symbolic strikes are short-term in nature and are used for a kind of testing of the team's readiness, social group to decisive actions. This is to some extent a demonstration of determination to go for a serious aggravation of relationships.
With partial strikes, some part of the collective associated with a single technological chain are brave. For example, mines mining coal, but does not ship it to consumers.
A pulsating strike - when the works are stopped alternately associated with the total technological chain. A peculiar shape of the strike can be a decrease in the pace of work, work strictly according to the rules, a nebody to work, strike through dismissal, occupation strike, strike on the contrary.
On the scale of the strike can be classified as:
Single when announces a strike one production team;
Sectoral;
Nationwide.
As evidenced by the experience of world strike movement, strikes on the forms of them are not homogeneous. They can be divided into several types:
1) "Ordinary strike" - workers stop production and leave their jobs. Production of products, various kinds of products, completely stops;
2) "Work on the rules, or" Italian strike "- employees do not stop production, but, on the contrary, in the process of production, all the rules of production, the rules for the technical operation of equipment, safety equipment, etc. Strogly compliance with all these rules usually leads to one or another failures in the work of enterprises, organizations, institutions. Such strikes are not settled by the current legislation - are outside legal regulation. Claims to employees incorporated in such a strike, it is almost impossible to prevent;
3) "Slowing work" - compared with the "ordinary strike" she is as it were from half character: the production of products does not stop completely, but only its volumes are reduced;
4) "pulsating strikes" - partial, short-term cessation of work by employees of the entire enterprise or employees, whose work is determined by one or another stage of production technology (mechanic repairmen, assemblers, turner, supplies, etc.).
All these forms of strikes are widespread abroad. In Russia, "ordinary strikes" are most often held, but "Italian strikes" have already happened. So, about the intention "work according to the rules", i.e. Do not produce faulty trains on the lines, the Moscow Metro machinists said, and drivers of one of the Lipetsk AutoPresent enterprises in response to limiting the rights of their trade union organization refused to work on little faulty buses.
2.3 Warning strikes
The strike is like, on the one hand, the view, and on the other, the method of resolving the collective labor conflict is extremely undesirable not only for those categories of persons who directly or indirectly turn out to be drawn into this process, but for the entire state. Ultimately, the costs associated with the strike, as a rule, turn out to be immeasurably higher than those demands that are satisfied, not to mention the even greater "price" strikes ending in unsuccessful or recognized in the prescribed manner illegal. Therefore, the prevention of strikes is a very important task facing our society.
There are several ways to prevent strikes - one of the most unfavorable types of collective labor conflicts for society. First, it is the creation of economic conditions that ensure the possibility of satisfying the material interests of groups - participants in strike by mobilizing their own efforts. Secondly, this is the creation of a working "negotiation mechanism" between the parties involved in the strike. The main focus here should be a search for compromises between conflicting groups. It is necessary to find out the requirements of the strikers, search for compromises, explain the prospects, to turn the unwanted situations that strike the allies. It is advisable in this regard, the creation of a special service for regulating labor conflicts, which, by the way, is envisaged by one of the project options for the Foundation of the Labor Legislation of the Russian Federation. Thirdly, it is advisable to adopt a more effective law on the regulation of collective labor conflicts and code the norms regulating the relations of labor collectives with employers. Fourth, you need a message about its duration no later than two weeks. On the possibility of the upcoming strike, the administration immediately warns suppliers and consumers, transport organizations, as well as other interested enterprises, institutions, organizations. In most cases, the solutions of both individual and collective labor conflicts are legal. However, this question is solved by no means definitely. Let's say, far from any strike, being a means of resolving a collective labor conflict, can be considered as legal. It is no secret that most strikes go beyond the collective labor conflict, often dismissed into witness, and sometimes to political shocks. It is indisputable that from the point of view of the current legislation, they should be considered illegal; In this case, the mechanism provided for by Art is entered into operation. 9-17 of the law "On the procedure for resolving collective labor disputes (conflicts)". However, it would be completely incorrectly too simplistic to interpret questions about the legality or illegality of strikes.
As you know, the strikes are illegal:
a) on political reasons, including the requirements for changing the constitutional system; convocation, dissolution or change of the procedure for the activities of the highest bodies of state power, the resignation of their leaders or leaders of the state and the republics, as well as with the requirements that guide the violation of national and racial equality or the change in borders;
b) announced without compliance with the procedures established by law.
Termination of work as a means of resolving a collective labor conflict is not allowed if it creates a threat to the life and health of people, as well as in enterprises and in organizations of railway and urban public transport (including metro), civil aviation, communications, energy, defense industries (in divisions Directly occupied by the production of defense products), in government agencies, in enterprises and organizations to which the tasks of ensuring defense capability, law and order and security of the country are entrusted, in continuously operating production, the suspension of which is associated with severe and dangerous consequences.
Labor teams of these enterprises and organizations or trade unions after compliance with the established conciliation procedures have the right to apply for their legal rights and interests to the President of the Russian Federation or the Prime Minister of the Russian Federation, other senior officials of the republic, who consider their requirements and endure the relevant decisions on them term.
2.4 Shakhtar strikes in the Urals
Miner strike strikes, the spontaneously started on April 6, 1989 in Severouralsk, became an impetus for the development of an independent trade union movement in Russia. Participants of those events of 14-year-olds are argued that the beginning of mining speeches marked the change of political system in Russia.
In the first strike at the Northwood Boksite Rudnik, the entire Labor team of subar was attended by 10 thousand people. Following Shakhtari Kuzbass, the miner of Severouralsk spontaneously suspended the work and demanded from the employer of the conclusion of the first employment contract. The independent miners union, created on the subway, advocated a reduction in the work shift, an increase in the leave and salary of miners 2 times. 3.5 thousand people engaged in underground work refused to leave the mine and go to the surface. The second powerful miner strike began during the coup in 1991. This time, the protest of miners was exclusively political in nature, the miners supported Boris Yeltsin, demanding from the GCP activists of the immediate self-segment. Immediately after the subar was part of the Siberian-Ural Aluminum Company (2001), the trade union movement at the mine began to be gradually eliminated. At the moment, the leaders of both trade unions of the submar - NPG (independent miners union) and the FNPR (Federation of independent trade unions of Russia) quit from the enterprise. Immediately after weakening the trade union movement on the subway, a serious twisting of the nuts began. The legendary employment contract, the conclusion of which the miners managed to achieve in 1989, today revised in many positions not in favor of workers. Two years in a row on the subway circulate rumors about the possible closing of the cut. In the urban employment service of Severouralsk already received documents for massive reduction of miners during 2004-2005. In total, more than 1,000 people will be fired on the subway. This year, the miners of the Mine "Red Cap" (included in OJSC "Subar") Bastned from March 26 to April 4, requiring the increase in wages, the abolition of planned Sabbath and the adoption of a collective agreement. The largest protest protest over the past three years in the middle of the Urals has received an international resonance. A mass strike on the Severoural Boksite mine, which was attended by 6.000 miners, an international trade union movement was informed.
Output
Gradually, strikes from a purely economic phenomenon will grow into a social action area. So, we have long been accustomed to that in Russia it is constantly in one, then in another end there are strikes according to statistics every day there are at least one performance of the workers). And these news almost do not worry us as it was in 1991 - 1992, we are already starting to get used to that without strikes from the state can not be obtained.
However, despite all the seriousness and difficulty of its position, the Russians still managed to remain as part of reasonable behavior and the strike did not increase in the open opposition of the people and power. But this does not guarantee that the next time the nationwide discontent, managed by any of the political forces, will not fall into the famous "Russian Bun". And if you have time to do not use the highest efficiency at the disposal, then we will come to the "stories rake". The roots of this problem go to the economy. The problems of mining strikes are far beyond the framework of the mining industry and are the disease of all budget industries. Their greatest "visibility" is associated with such reasons as:
prevalence of the profession across the country (Sverdlovsk region, Kemerovo region, Vorkuta, Moscow region, Voronezh, etc.)
the greatest cohesion and the best organization in relation to other sectors (the largest number of sectoral trade unions)
the predominance of men in the industry (98% - men)
the impossibility of partial employment at another production (the industry in most cases is the corporate, and therefore, if they are "mines", "stands" and everything else production)
the release of the priority, strategic products for the needs of the state (students, artists, teachers do not control any scarce resources, so their strike is unlikely to have such an influence on the government as a miner strike) by the main social contradiction, which serves as a basis for production conflicts (strikes), My, is the inconsistency of the level of development of production relations in budget sectors, the level of development of the Russian economy as a whole. It is economically advisable, for example, the closure of unprofitable mines, but from a social point of view it is impossible to offer for miners any other work. In my opinion, currently there has been a sustainable tendency to reduce labor and social guarantees working, which is the main cause of labor conflicts.
Leaflet
The strike in Severouralsk continues! Need help!
Comrades!
Contrary to reports, the strike of miners in Severouralsk continues, and not only on the "red hat", but also on the remaining 4 mines subar. People decided to stand, despite anything until their requirements are fulfilled. The miners themselves say that they have no other exit, because for the last week prices only for bread increased from 10 to 17 rubles. For loyalty and living it becomes simply impossible.
Yesterday, the shipment of bauxites on the theological aluminum plant belonging to Rusal was started. Recall that the miners blocked shipment and put the plant on the stop of the stop. Now the shipment has begun in the minimum volume - so that the continuous cycle furnaces do not stand. Of course, the plant does not work in half of the power, which brings Milion losses to Rusal. A similar situation in the Krasnoyarsk Aluminum Plant. Despite this, the workers of both factories support the battle miners, send them a letter of solidarity.
The negotiation committee pulls the time, the meetings were yesterday, go today, will not be visible tomorrow and the end. It seems that the leadership of the subar and Rusal seeks to just take the workers to Izmor, reaching the point when people just become nothing ...
April 10 a meeting will be held on the recognition of the legality of the strike. What to do if the court stands on the side of the employer, the miners have not decided yet, but just having achieved a strike - do not want anything. Meanwhile, the material position of the strikers is becoming worse ...
Comrades! Miner residents of Severouralsk need our help. Do not be silent! Continue at least to distribute information about the strike! Cut out shares of solidarity! If someone has connections with other labor collectives in the Rusala system - bring information to them. Help the miners to come out with them. It is very important! Need the widest publicity, any support is needed!
Dictionary of the most important concepts and terms
Aggression is the command of H conflict associated with the application of psychological or physical damage by one of the participants to another. Can manifest as in a verbal insult, gas and physical violence.
Administration - Officials, leadership staff of any institution or enterprise.
Altruism - disinterested concern for the good of other people, willingness to sacrifice for others with their personal interests.
Antagonism is an irreconcilable contradiction.
Antipathy is a feeling of dislike, ill-advantage.
Interpersonal interaction - personal contact of two or more people, which has a consequence of mutual changes in their behavior, activities, relationships and installations.
The boundaries of the conflict - the framework and limits of the conflict relating to the number of its participants, the territory on which the conflict occurs, and its duration.
The conflict diagnosis is to study the conflict in order to describe its entity, content, functions and other characteristics.
The dynamics of the conflict - the development of the conflict, including its main periods and stages.
The strike is a type of conflict that represents a collective termination (reduction of the volume) of work or refusal to participate in any regulated form of activity in order to meet the requirements of a social, economic or political nature.
The incident is the initial stage in the dynamics of an open conflict, which is characterized by direct confrontation of the parties.
Consensus - consent, a way to resolve conflicts, focused on a joint agreed solution to the problem.
The conflict is the confrontation of the parties to the interaction, which have oppositely directed motives, goals and interests.
Concontusation is confrontation, opposition of various opinions, interests, goals.
The crisis is a sharp aggravation of the severity of the conflict, after which there is a qualitative change in the situation.
The leader is a member of the group that she recognizes the right to make decisions in significant situations for it by virtue of his personal authority or position.
The object of conflict is the material, social, political or spiritual value, which arises from the confrontation of the parties seeking to possess or use it.
Negotiations - a way to resolve (settlement) conflicts, joint activities of the opposing parties to find a mutually acceptable solution to the problem.
Mediator - a third party in conflict, designed to ensure a constructive discussion and resolution of the conflict, but the mediator himself does not have the authority to make a decision.
The need is the status of an individual created by the need for them in any objects necessary for its existence and development. The need acts as a source of activity of the subject.
The subject of the conflict is a contradiction underlying the conflict.
The claim is a claim, the statement of the right to possess something.
The problem situation is a contradiction and does not have an unambiguous settlement of the circumstances and conditions in which the activities of the person or group are developing.
The status is the position of the subject in society or a group that determines its rights and obligations.
Social stereotype is a relatively sustainable and simplified image of a social facility - a group, man, events.
Stress is a state of a person who occurs in response to a variety of extreme impacts (stressors). Stress can have both a positive, mobilizing impact and a negative impact on activity (Distress), up to complete deorganization.
Tolerance - 1) tolerance to someone else's lifestyle, behavior, customs, opinions, ideas, beliefs; 2) the absence or weakening of response to any unfavorable factor.
Value orientations are ideological, political, moral and other grounds for assessing a person of surrounding reality.
The evolution of the conflict is the process of gradual development of the conflict from simple to more complex forms.
The escalation of the conflict is the increase in the sharpness and scope of conflict actions, due to the exacerbation of contradictions between opponents.
Listliterature:
1. Salenko V.N. Production strikes as an object of social analysis // Socis 1990 №7
2. Andreites N.V., Voronchikova G.A. Development of labor conflicts in Russia during the transition to a market economy // Socis 1993 №8
4. Kravchenko K.A. Mining strikes: research problems // Socis 1995 №10
1cm: Zaitsev A.K. Social conflict in the enterprise. - Kaluga, 1993. Literature Site
10. Radugin A.A., Radugin K.A. Sociology. Moscow: Publishing House Center, 1996.
20. On the procedure for resolving collective labor disputes. Federal Law of October 20, 1995, No. 196-FZ. Moscow: Publishing House Intel-Synthesis, 1997.
12 Salenko V.N. Socio-labor conflicts in Russia: analysis of the dynamics and methods of permission. // Social conflict. 1999, №3. - S. 11.
1 Coser L.A. The Functions of Social Conflict. - London: FREE PRESS, 1956.- P. 8.
2 sane A.G. Sociology of conflict. - M.: Aspect Press, 1996. - P. 96.
4 Dmitriev A.V. Conflictology. - M.: Gardaria, 2000. - p. 54.
5. Kozyrev G.I. Introduction to conflictology .-- M.: Vlados, 1999.-- P. 23--24.
Similar documents
The concept and role of the strike as manifestations of labor conflict. Features of the impact of protest on managers. Differences of the official strike, offensive, defensive, symbolic, partial, sitting. The dynamics of the strike movement in Russia.
presentation, added 10/19/2013
The concept of socio-psychological conflict, its nature, species and causes. The study of the socio-psychological aspects of conflicts in modern organizations on the example of the MTC "Tver Representative Office". Ways to resolve these conflicts.
thesis, added 08/20/2010
Nature of social conflict. Interaction and interests as key concepts. Classification of conflicts. The specifics of political conflict, paths and methods for resolving political conflicts. Socio-political conflicts in Russia.
examination, added 01/09/2009
Social conflict: theoretical and methodological aspect of the analysis of the problem. Types of conflicts, its structure and basic permit methods. Philosophy and practices of mediation and its importance for conflict resolution. Terms of use, borders and mediation goals.
scientific work, added 04/27/2010
Analysis of the types of conflict situations in the system of social work. Labor relations in modern Russia. Specificity of production conflicts. Social work in the Organization for the Prevention of Production Conflict. Socio-psychological climate.
coursework, added 16.05.2012
The concept of social conflict. The essence of the conflict and its function. Features of social conflicts in modern Russian society. The main characteristics of social conflicts. Social conflict resolution mechanisms. Warning technology.
coursework, added 12/15/2003
Consideration of the definition and essence of modern inter-ethnic conflicts. Description of the parties and conflict participants. Studying the features of interethnic relations, ethnosocial conflicts, their main species, dynamics, resolution paths and prevention.
abstract, added 02/16/2015
Conflict concept, social prerequisites for its occurrence, subjects and participants. Development of this problem in sociological theory. Classification of confrontations depending on the motivation and scope of manifestation. Stages of development and methods of permission.
abstract, added 05/20/2013
Essence of social conflict. Features of the types of conflicts, their shape and dynamics. Conflicts in various social structures. Specificity of ways to resolve social conflicts. Distinctive features of Social conflicts of Alena Tour and M. Castells.
course work, added 05/18/2011
The main aspects of social conflicts. Classification of conflicts. Conflict characteristics. Causes of conflicts. The consequences of social conflict. Conflict resolution. Social conflicts in modern society.
The strike is the extreme form of labor conflict. The strike is a temporary voluntary refusal of workers from the execution of labor duties (in whole or in part) in order to resolve the collective labor dispute. Strikes are the type of intergroup labor conflict, which consists in termination or reduction of work, production, the provision of services with the nomination of the requirements of an economic, social or political nature. The feature of the strike as a conflict is: the massive nature of working in it, the presence of governing bodies, a significant impact of the strike on those against whom it is aimed, the complication of the process of finding a solution to the problem due to the mass participation of employees, the risk of involvement in the strike of other subjects of the industry (industries) production. Strikes are divided into: preventive, universal, full, partial; urgent, indefinite; Fight for rights and performances in solidarity.
Not all kinds of strikes are legal. (Article 55 of the Constitution of the Russian Federation, Article 413 of the Labor Code of the Russian Federation, Articles. 9-17 of the Law "On the procedure for resolving collective labor disputes (conflicts)").
The regulatory regulatory and legal instruments for the permission of labor conflict are the norms of existing labor legislation.
Today, the development of a regulatory legal framework for collective labor disputes is particularly important for the processes of coordination of the positions of interests of workers and employers. Currently, a fairly solid legal framework has been created in the Russian Federation to regulate the activities of the parties to a collective labor dispute, which has absorbed not only the national experience of past years, but also the experience of foreign countries in this area. Legislation also takes into account the rules established by ILO ILO recommendation No. 92 on voluntary reconciliation and arbitration (1951).
The functioning of the system to resolve labor disputes provide: Labor Code of the Russian Federation, the Code of the Russian Federation on administrative offenses, the Federal Law of 23.11.1995 No. 175-FZ "On the Procedure for Resolving Collective Labor Disputes" (C None. And Extras), the Law of the Russian Federation of 11.03. 1992 No. 2490-I "On Collective Contracts and Agreements" (with amended and extra.), Federal Law No. 10 of 01/12996 No. 10-FZ "On Professional Unions, their Rights and Guarantees of Activities" (with amended and add.) , Federal Law of 01.05.1999 No. 92-ФЗ "On the Russian Tripartite Commission on the Regulation of Socio-Labor Relations" and other regulatory legal acts aimed at preventing and on the permission of disagreements during collective bargaining and labor disputes.
The Labor Code of the Russian Federation gave a new legal framework for comprehensive regulation of relations of one of the most important areas of social life - labor. The main provisions of the legislation affect the interests of each employee and the employer. The code consists of a certain succession with a previously operating code of labor laws (Labor Code of the Russian Federation), both the structure and content (many provisions of the Labor Code, have passed into new labor legislation).
Labor Code (Art. 381) enshrines the concept of an individual labor dispute. In the second part of this article, it is also indicated that the individual labor dispute will be a dispute between the employer and the person in labor relations with this employer, as well as a person who expressed the desire to conclude an employment contract with the employer, in the event of a refusal of the latter from the conclusion of such a contract. In the previously given concept, all indicated in the second part of Art. 381 persons are subjects of labor law, since the dismissed worker is a subject of legal relations on the employment dispute about. Restoring at work, and the person appealing the refusal to work at work is also a subject of employment legal relationship.
Article 37 of the Constitution of the Russian Federation recognizes the right to individual and collective labor disputes using the methods of their permission established by the federal law, including the right to strike. Article 46 of the Constitution of the Russian Federation provides that everyone is guaranteed the judicial protection of his rights and freedoms that decisions and actions (inaction) of organs and officials can be appealed to the court. These provisions of the Constitution of the Russian Federation are the basis of the procedure for the permission of all labor disputes.