Social partnership as a type of public relations. Social partnership in education: examples

Social partnership, defined by current legislation, has become a new method of modern legal regulation labor and an effective tool for competent coordination of the often polar opposite interests of the staff and the employer. Let's find out in more detail how the Labor Code of the Russian Federation interprets this method, how it manifests itself in real life company and on what provisions it is based.

The concept of social partnership

Art. 23 of the Labor Code of the Russian Federation defines this not always clear term as follows:

Social partnership in the sphere of labor is a system of relationships between employees, employers, federal authorities and local government structures. Such a system was developed in order to achieve coordination and maintain a balance of interests of the two parties (staff and employer) in the field of regulation of labor and all relations interacting with them. Representatives of both parties can be partners. In particular, the interests of staff are often delegated to trade union organizations.

Structures of the federal and regional authorities can become parties to the partnership only in exceptional cases. For example, only when they act as an employer.

Forms of social partnership

Social partnership is manifested in different forms. For example, all changes or proposals put forward by the company’s administration and relating to the company’s production and labor issues are necessarily discussed collectively, with the direct participation of personnel, accepted (or finalized) and reflected in collective agreements, industry agreements and other internal local acts regulating the work of the enterprise and at the same time guaranteeing workers the fulfillment of their labor rights.

So, social partnership is carried out in the form of:

• Bilateral consultation (staff - administration) on coordinating the sphere of labor, ensuring guarantees of the rights of personnel within the framework of the Labor Code of the Russian Federation;
• Joint (collective) negotiations on work on draft collective agreements and agreements, as well as the conclusion of similar acts;
• Participation of personnel or their representatives (trade unions) in the management of the company;
• Resolution of emerging disputes with the participation of both parties - employers and staff.

Basic principles of social partnership

The social partnership system is based on the principles listed in Art. 24 Labor Code of the Russian Federation. These include:

• Strict compliance with legislative norms and regulations governing the labor sphere;
• Documented authority of the parties;
• Mutual respect for the interests of the parties;
• Equality of the parties in initiating negotiations and signing agreements;
• Interest of all parties;
• Free choice in considering the conditions specified in collective agreements and agreements, i.e. a ban on any intrusion that limits the rights of the parties, in particular, personnel;
• Voluntariness in imposing obligations, i.e. each party agrees to the proposed conditions on a voluntary basis, without external pressure. By the way, a party has the right not to accept an unacceptable obligation offered by the other party;

• The reality (i.e. the possibility of fulfillment) of the obligations assumed;
• Monitoring compliance with the terms of collective agreements;

• Mandatory performance accepted terms agreements;
• Responsibility for their failure to comply.

Levels of social partnership

There are 6 levels of social partnership relations - from establishing a balance of interests in a separate enterprise to coordinating the labor sphere in the country. These include levels:

• Local, establishing the obligations of the personnel and administration of a particular company;
• Territorial, regulating the sphere of labor in municipalities;
• Industry, coordinating labor issues in industries;
• Regional, determined by the coordination of interests of the labor sphere in the regions of the Russian Federation;
• Federal, i.e. regulatory labor issues for the Russian Federation as a whole.

Social partnership bodies

The social and labor sphere is a much broader concept than just labor issues. This complex also includes the topics of social security and everyday life, because any intra-company collective agreement includes an entire section devoted to social and everyday issues.

The effectiveness of social partnership relations is regulated by special bodies - commissions, created by decision of the parties at each of the listed levels and consisting of authorized representatives. At the federal level, within the framework of existing laws, the Russian 3-party commission for the regulation of social and labor relations. It includes representatives of all-Russian trade union associations, employers' unions, and the Government of the country.

Adhering to the same principles and relying on legislative framework, such commissions are created and operate at all levels of social partnership in the sphere of labor.

Education as a social institution plays an important role in the process of human socialization. It is responsible for the timely and adequate preparation of the individual for full functioning in society. Understanding the essence and specifics of the education system is not easy. The state regulates a single educational space, but beyond this there are many practices that complement the process. One of these phenomena is social partnership in education. Let’s try to understand what it is, what its methods are and what its system is with the help of examples.

Partnership as an element of social interaction

“You - to me, I - to you” - this is how one can characterize the meaning of the word “partnership”. Initially, this concept was used only in social and economic sciences. They characterized the process of coordination of actions by the participants. In a broader sense, “social partnership” should be considered as a system of solvation (interactions), as a result of which subjects satisfy their needs.

Over the past few years, social partnership has begun to be interpreted as a multi-layered process, where the functioning of elements is clearly regulated and aimed at achieving positive changes. That is, it can be understood as a unique type of relationship between subjects that are united by common interests and jointly solve problems that arise. The main task of the partnership is to overcome possible differences in the actions of the participants, coordinate work and level out conflicts.

Educational process

Based on the foregoing, social partnership in the field of education can be defined as the common actions of subjects related to the educational process. It is typical for such actions to have the same goals and bear mutual responsibility for the results obtained.

The system of social partnership in education is considered at three levels:

1. Relationships social groups professionals within the system.
2. Partnership of education system workers with representatives of other organizations and social institutions.
3. The relationship between the educational institution itself and the public.

The development of social partnership in education dates back to the 80-90s of the last century. At this time, educational institutions become autonomous, and the demand for highly qualified personnel increases in the labor market. The Institute of Education begins to play a key role in the development of the state. An important element in the social partnership of the educational sphere there are relationships between educational institutions, trade unions, employers and government agencies. Their main goal is to: identify the needs of the labor market to increase human resources potential; to form an educated personality with an active life position; increase the economic and spiritual potential of society as a whole.

Translated into human language, this means that dynamic changes are taking place in the country. Partnership schemes similar to the USA are beginning to be introduced, and against the backdrop of this evolutionary chaos, the need for “other people” arises. That is, society needs personnel who are already trained in new standards. And here the institute of education comes to the fore, because who, if not him, is responsible for teaching the younger generation new methods. This, in fact, is the the main point the concept of “social partnership in the field of education”.

But over time, leading figures in the country begin to understand that in general it is not very logical to consider the interaction of educational institutions, economics and politics. Many are overlooked important points, which are on lower levels institutional gradation. Therefore, social partnership in education begins to “grow with new shoots,” each of which is responsible for its own area.

Municipality

Now partnership can be considered in the development environment of various educational institutions. The first place to start is the municipality. It means a general educational process that is carried out in a certain territory and solves problems unique to it. To make it a little clearer, you can point small example. Let's say there is a small educational process in institutions carried out in accordance with current legislation, but in addition to this, special elements are included that are unique to this area. Thematic fairs and memorial days can be held as part of education famous personalities who previously lived in this territory or craft circles are created that are popular in a particular region.

Municipalities are divided into 5 types:

• Rural settlements. This includes villages (towns, hamlets, etc.) that are located in a certain territory.
• Urban settlements. Can be classified as cities or urban-type settlements.
• Municipal areas. These include several cities or villages where local government solves general issues.
• Urban districts. That is, cities that are not included in the municipal districts directive.
• Autonomous urban areas. Parts of the city with their own organizational structure. For example, the Indian quarter in Singapore: on the one hand, part of the city, on the other, a separate element of it.

Social partnership in a municipality is carried out between governing bodies educational processes locally, and by the authorities of the country. The main specificity of such interactions is financing. For example, the state has long established that the system is responsible for providing benefits municipality. Educational subsidies are also provided, which the local government system divides among all educational institutions depending on their needs and status. The state can also provide information about the need in the labor market for specialists who are trained at an institution located in the territory of the municipal district. The authorities take this into account and can increase funding for the institution, the number of budget places, etc.

Teacher Education

For those who don't know what it is Teacher Education: This is the process of training highly qualified specialists to work in educational institutions. That is, the training of educators, teachers and professors.

Social partnership in teacher education directly depends on public expectations. IN Lately Requirements for the quality of school education have increased significantly, because of this there has been a need to change the methods and technologies of teacher training. The development of teacher education depends on the following factors:

• Policy innovations in education.
• Availability of a concept that allows the involvement of state and municipal authorities to support research.
• Creation of a public control service that, focusing on state requests, could direct the teacher education system in the right direction.

If the “municipal partnership” was focused mainly on the financial side of the issue, then teacher education is based on public demands to improve the quality of education in accordance with modern standards.

For example, several years ago there was a need for extracurricular educational institutions. Initially, this was wanted by the parents, who decided that the child should develop more fully. Demand for such institutions is gradually beginning to arise, and the state is already getting involved, requesting teachers who would be specially trained to provide this type of service.

In general, the essence is clear: since every person attends educational institutions, the task of teachers is to form a personality that is in demand in society. And if any changes occur, then the training of teachers also changes, because only they can painlessly introduce innovative programs into society.

Professional education

Now society demands that specialized educational institutions graduate specialists who are ready to immediately begin work. Also economic institute requests a certain number of specialists in a particular field. Social partnership in vocational education is to provide the labor market with in-demand personnel in the required quantity.

Everything here is extremely simple: the market is a cyclical system in which something is constantly changing. One year there are not enough economists, another year it is impossible to find a lawyer. And, having heard that there is a shortage of representatives of certain professions on the labor market, applicants en masse begin to apply for this particular specialty. As a result, supply begins to exceed demand and the unemployment rate rises. To prevent this from happening, there is social partnership in education, which allows for the most efficient use of human resources.

Preschool education

Modern things cannot fully develop without interaction with society, so partnership is especially relevant here. Social partnership preschool education is to create connections between the preschool institution and cultural, educational and other development centers. This practice causes the child to become more high level perception, he develops faster and learns to build his partnerships, according to the “you - to me, I - to you” type.

Working in a social partnership helps expand the child’s cultural and educational environment, and accordingly, it will be easier for him to adapt in the future. In this segment of interaction, the focus comes to the fore. He is shown what is interesting and educational, and taught what is necessary. They also work with families who are also participants in the social partnership.

Additional education

Social partnership in education plays a significant role even in an environment that provides additional knowledge. It can be language schools, courses, seminars or master classes. That is, the view educational activities, which implies the comprehensive development of a person, is additional education. Social partnership in this environment is about providing all kinds of knowledge and opportunities. To describe it in theses, the partnership does the following:

• Retains the basic ideas of organizing work in the field additional education.
• Maintains relationships with government agencies, the business environment, society and parents.
• Takes an active part in its development. Responsible for the socially oriented segment of additional education, which includes talent search programs, supporting children from disadvantaged families, or providing additional education services to children with disabilities.
• Distribution of budget funds in accordance with the requests of organizations.

Additional education can be divided into three main groups: cultural, humanitarian and technical. Each of these groups provides general knowledge bases as well as current innovative ideas. Since knowledge is now the most valuable currency, in the environment of additional education they are trying to provide the necessary basis on which comprehensive individual development will subsequently be formed.

How is the partnership organized?

The organization of social partnership in education is based on the following:

1. Legislative acts. Laws created by the state are the main source of formation and development of social partnership. They regulate the field of action and the limits of the participants’ capabilities.
2. Local management. Each municipal district has its own rules and laws, some of which relate to social cooperation. If we take, for example, the municipal education system. Let's say this organization received a certain amount for the development of the educational system in its area. She could divide everyone equally, but that doesn’t happen.
3. Society and economics. The education system is closely linked to public demands and economic changes. And if something new comes into people’s lives that does not relate to education either directly or indirectly, then syllabus is still changing so that in the future pupils and students meet market expectations.

Is social partnership necessary in education?

Today, unfortunately, it is impossible to compare the concepts of “social partnership” / “quality of education”. Although they have made some progress, there are still many unresolved issues.

Initially, social partnership was introduced along the lines of America and Europe, but the peculiarities of our state, its culture and mentality were not taken into account. In this regard, many important points were missed. However, despite all this, the partnership is bringing positive changes to the development of education even today.

Social partnership in education (priorities and opportunities):

• The main priority goal of interaction is to satisfy the common interests of all participants in the commonwealth. Not only are they taken into account social institutions and the processes that occur in them, but the subjects of interaction (teachers, students, parents).
• The social partnership program helps make learning more effective. Participants educational process become popular in the social environment.
• The correct approach and regulation of partnerships give impetus to the full development of society, eliminating unemployment and filling it with in-demand specialists.

Bottom line

There are many examples of social partnership in education. This is a system of rewarding students for good grades (scholarship), and agreements between educational institution and an employer who is ready to hire a former student, and even a dialogue between a parent and a teacher. But the main component of this process is high-quality knowledge, the bearer of which is so in demand and expected by society.

Social partnership is the civilized interaction between organizations that protect the interests of workers (trade unions), employers and government agencies. Through cooperation, the regulation of labor relations is achieved, based on contracts and legislation. Due to the functioning of social partnership, the level of guarantees for employees increases.

The most short definition social partnership sounds like this. This is a system of interaction in the labor market between the main agents. We will consider the concept and principles of social partnership in this article. The study of this market category of society should begin with interpretation.

Read more about different interpretations of the concept

There are two interpretations of social partnership. The global version, based on historical patterns, states that the class struggle has been transformed into a system of partnerships between workers and employers. In developed countries, civilized social and labor interactions contributed to the development of the economy and the erasure of class contradictions. Conflicts in modern world arise not between classes, but between organizations. Disputes are resolved in a civilized way. Thus, social partnership according to this interpretation is one of the methods for achieving consistency of interests.

According to another aspect of understanding, social partnership ensures the solution of socio-economic problems and the settlement of controversial issues between employees and employers. These two points of view do not contradict each other, so it is possible to take into account the global and specific interpretation. Social partnership cannot completely eliminate fluctuations in the labor sphere due to class differences. It only softens the confrontation.

The importance of social partnership

The formation of social partnership was difficult and is still happening. In the Russian Federation, legislation in this niche developed from scratch. At first, the protection of the working population fell as a result of rapid reforms, but this led to an impetus for development social system. There was a weakening of government control.

Currently, it is clear to any specialist that the system and principles of social partnership are an effective way to optimize the balance of interests of employers and employees. This concept is described in Labor Code RF (Article 23). Its types are also indicated there.

Principles of social partnership

Social partnership regulates the interests of the state, business and employees in the sphere of labor. Its direct function is to stabilize relationships in society, which helps maintain balance and peace. The system influences the development of civil society and democracy in the economy, ensures socio-economic security and justice in resolving contradictions in the labor niche.

The main principles of social partnership are the following:

1. Either party can initiate negotiations (equality).
2. The interests of all participants are taken into account.
3. Legislation provides the opportunity to negotiate independently on many issues.
4. The state strengthens the democratic component of social partnership through the creation of special assistance bodies.
5. Signing an agreement requires the parties to comply with clauses drawn up in accordance with the rules labor law and prescribed in legislation, as well as other legal acts.
6. The appointment of representatives of the parties occurs through a meeting of employees and drawing up a protocol (trade union delegation) or an order (participants from the employer). As a result, those elected acquire the authority to defend interests.
7. The choice of issues discussed depends on the participants. The principle of social partnership is freedom of choice.
8. The parties accept obligations voluntarily, without pressure; they must be real, that is, within their capabilities.
9. Collective agreements require inevitable implementation. This is monitored by supervisory authorities.
10. Failure to fulfill obligations will result in administrative responsibility, which is established at the conclusion of the contract.

Functions

The processes taking place in the social and labor sphere ensure the stability of the economy and politics of society and contribute to the development of democratic institutions. The principles of social partnership in the world of work are focused on eliminating the radical approach to solving problems. This is aimed at world practice and activities of the ILO ( International organization labor). The goal is to conduct a constructive dialogue that takes into account the interests of all participants.

Coordination of various social group interests, resolution of contradictions, conflicts and their prevention through social partnership methods contribute to peace, economic development and public order.

History of origin

The development of social partnership began with the emergence of the ILO. In Russia, this system took hold after the appearance of Decree No. 212 of November 15, 1991. It is the basis for resolving labor disputes, discussing and drawing up agreements.

Forms of social partnership

1. Collective negotiations in the preparation of general agreements.
2. Drawing up collective agreements.
3. Mutual consultations, for example in case of disagreement between the trade union and the employer.
4. Management of the organization by employees and trade union.
5. Pre-trial proceedings between representatives of employees and employers.

Examples of social partnership action

The dialogue between employers and employees or their representatives is of a two-way type. The interests of workers include stability of temporary regime and payments, worthy wages or the optimal ratio of the complexity of duties and material rewards, social benefits. The employer strives to obtain maximum profits and dividends, optimize production in order to reduce costs. Instability of relations is caused by ignoring the interests of the opposite party. As a result, problems begin: a decrease in profits and investments, strong fluctuations in working conditions.

Depending on the options for the development of negative phenomena, various shapes social partnership, described in detail in the Labor Code (Article 27). The system operates at the organizational level in a two-way manner. If coordination of a problem at the state level is required, then this type is called tripartite. It is allowed to coordinate problems with local (territorial, regional), sectoral and/or national authorities.

In Russia, a commission has been organized, which includes representatives of trade unions, employers and the government. The structure performs the functions of regulating social and labor relations. In the subjects of the state there are also opportunities to organize commissions at various levels, operating on the basis of the laws of the Russian Federation and special instructions, approved by local governments.

Role of the State

The state plays a special role in regulating social partnership:

1. Controls legislation.
2. Adopts new legal acts.
3. Determines the features of organizing associations of workers and employers.
4. Establishes forms and methods of interaction between partners, the legal framework of their activities and legislative regulations.
5. Acts as a mediator in resolving conflict situations.
6. Serves as a social partner in the preparation of special-level collective agreements.
7. Creates conditions for the creation of associations between employees and/or employers.

The main task of the state

Basically, the task of government agencies is not to assume obligations, but to coordinate and stimulate the negotiation process and maintain uniformity established rules. Achieving compromises between the parties contributes to the success of economic and social development.

In what case do government agencies assume certain obligations other than legal regulation? If they act as employers (in relation to state or government enterprises). The owner of the property may be local or government bodies. The Directorate of Enterprises performs the functions of economic management.

Social partnership: principles, levels

The Labor Code (Article 26) distinguishes 5 levels of social partnership:

1. Federal (basics of settlement of relations).
2. Regional (the order of regulation in the subjects).
3. Industry (management in a specific industry).
4. Territorial (for a specific settlement or its zones).
5. Local (within a specific organization).

The current principles of social partnership must function in accordance with legislation at any level.

Conclusion

Thus, if we describe the forms and principles of social partnership, we can derive the following key features proper operation structures:

1. This is a strong ideology of partnership in the classes of workers and owners, where employees do not seek to destroy the existing system, but stimulate the creation of new reforms and agreements to improve their situation.
2. The principles of social partnership and their system function exclusively in a developed economy, when the state not only supports a certain class, but carries out a policy that takes into account the interests of many representatives of the population. The main principle of social partnership is the principle of equality of the parties.
3. What is needed is the interest of communities from the working class (parties, trade unions) and their sufficient strength and authority so that employers and government agencies take into account the opinions of organizations. Therefore, some experts consider respect and consideration of the interests of the parties to be the main principle of social partnership.
4. Economic problems, loss of capital and instability in society are the main reasons forcing the state and owners to listen to workers' organizations.

Social partnership, the concept, principles, and forms of its implementation are considered relatively new categories for Russia. However, despite this, constructive measures have already been taken to create appropriate institutions. Let us further consider what the principles, forms, and partnerships are.

general characteristics

Social partnership, the forms of which have received regulatory approval, acts as the most effective way resolution of emerging conflicts of interest arising from objective relations between employers and employees. It presupposes a path of constructive interaction based on contracts and agreements between enterprise managers and trade unions. The concept, levels, and forms of social partnership form the basis for the activities of the ILO. This organization, on equal terms, brings together representatives of employers, employees and the state in most countries of the world. Of key importance in increasing the effectiveness of this structure are consolidation, solidarity and unity of action of all trade unions, their bodies and members, expanding the scope of collective agreements, strengthening the responsibility of all participants in interaction for the implementation of their obligations, as well as improving regulatory support.

Concept and forms of social partnership

The literature provides several definitions of the institution in question. However, the following interpretation is considered one of the most complete and accurate. Social partnership is a civilized form of social relations in the sphere of labor, through which the coordination and protection of the interests of employers (entrepreneurs), employees, government agencies, and local government structures is ensured. This is achieved by concluding agreements, treaties, and expressing the desire to reach a compromise on key areas of economic and political development in the country. Forms of social partnership are the means through which interaction between civil society and the state is carried out. They form the structure of relations between institutions and subjects on issues of status, content, types and conditions of activity of different professional groups, layers and communities.

Objects

Highlighting the forms and principles of social partnership, experts study the real socio-economic situation of different professional strata, communities and groups, their quality of life, possible and guaranteed ways of generating income. Of no small importance is the distribution of national wealth in accordance with the productivity of activities - both those carried out at the current time and those carried out previously. All these categories represent objects of social partnership. It is associated with the formation and reproduction of socially acceptable and motivated Its existence is determined by the division of labor, differences in role and place separate groups in general production.

Subjects

The basic principles and forms of social partnership exist in close connection with the participants in the relationship. Subjects on the part of workers should include:

1. Trade unions that are gradually losing their influence and have not taken a new place in the economic sphere.
2. They arise from an independent movement of workers and are not connected either by tradition or origin with previously formed trade unions.
3. Parastatals. They serve as public administration departments at various levels.
4. Multifunctional movements, including employees, with a market-democratic orientation.

On the part of employers, the following participate in social partnership:

1. Governing bodies of state-owned enterprises. In the process of privatization, commercialization, and corporatization, they become increasingly independent and independent.
2. Managers and owners of private companies. From the very beginning of their formation, they act autonomously from government agencies.
3. Socio-political movements of entrepreneurs, managers, industrialists.

On the part of the state, the subjects of social partnership are:

1. General political and social governing bodies. They are not directly involved in production and have no direct connection with employees or employers. Accordingly, they do not have a significant impact on relations in the sphere of production.
2. Economic departments and ministries. They are not directly responsible for manufacturing process, however, they have information about the real situation at enterprises.
3. Government agencies implementing at the macro level.

Problems of Institute Education

The concept, levels, forms of social partnership, as stated above, are fixed by legal acts. It is worth noting that the formation of the entire institute is a rather complex and lengthy process. Many countries have been moving towards the formation of a social partnership system as one of the key components of labor law for decades. As for Russia, the process of establishing the institute was complicated by two circumstances. First of all, the country had no experience in using the system during the socialist period. Accordingly, there was no normative consolidation in the Labor Code, since communist ideology denied the need to apply it in management. Of no small importance were the high rates of destruction of the previously existing paradigm and the intensity of liberalization of social and production relations. These factors have led to a decrease in the role of the state in the sphere of labor and, accordingly, a weakening of the protection of citizens. Currently, it is difficult to find a subject who would doubt the importance of social partnership as the most effective method achieving social peace, maintaining a balance of interests of employers and workers, ensuring the stable development of the entire country as a whole.

Role of the State

In the world practice of developing forms of social partnership, a special place is given to power. First of all, it is the state that has the authority to adopt laws and other regulations that fix the rules and procedures that establish the legal status of subjects. At the same time, the government must act as a mediator and guarantor in resolving various conflicts between participants in relations. Government agencies, in addition, take on the function of disseminating the most effective forms of social partnership. Meanwhile, the importance of state and local authorities should not be limited solely to persuading employers to assume real obligations associated with the ownership of property that are in line with socio-economic objectives and state policy goals and do not infringe on the interests of the country. At the same time, the authorities cannot deviate from the implementation of control functions. Supervision over the implementation of civilized social partnership on a democratic basis should be carried out by authorized government agencies.

Key provisions of the system

The state assumes obligations to develop legislative norms. In particular, the Labor Code establishes key principles social partnership, the general direction and nature of the legal regulation of relations that develop in the economic and production sphere are determined. The institute in question is based on:

Basic forms of social partnership

They are mentioned in Art. 27 TK. In accordance with the norm, the forms of social partnership are:

1. Collective negotiations on the development of draft collective agreements/contracts and their conclusion.
2. Participation of representatives of employers and employees in pre-trial dispute resolution.
3. Mutual consultations on problems of regulating industrial and other relations directly related to them, ensuring guarantees of employee rights and improving industry legislative norms.
4. Participation of employees and their representatives in enterprise management.

It is worth saying that before the adoption of the Labor Code, the Concept of the formation and development of the institution in question was in effect. It was approved by a special tripartite commission for the regulation of industrial and economic relations (RTC). In accordance with it, the participation of workers (staff representatives) in enterprise management acted as a key form of social partnership in the world of work.

Pre-trial conflict resolution

Participation in it for employees and staff representatives has a number of features. Pre-trial resolution refers exclusively to individual disputes, since collective conflicts are not resolved in the courts. When implementing this form of social partnership in the world of work, the rules of Art. 382-388 TK. These norms define the procedure for creating a representative office of participants in the relationship. The rules for regulating collective conflicts, except for the strike stage, are based on the principles of social partnership. Experts, analyzing Art. 27, come to the conclusion that the norm contains an inaccurate interpretation. In particular, experts propose changing the definition of the form of social partnership, which provides for conflict resolution, to the following - participation of representatives of employers and personnel in extrajudicial and pre-trial proceedings. In this case, the latter will indicate the possibility of resolving individual, and the former, collective disputes.

Specifics of categories

The normative forms of social partnership were first enshrined in the Law of the Leningrad Region. It defines these categories as specific types of interaction between subjects to create and implement coordinated socio-economic and production policies. In the explanations to the Labor Code, forms of social partnership are interpreted as ways of implementing relationships between participants to regulate work and other connections affecting them. There are corresponding definitions in regional laws.

Additional categories

When analyzing current norms, experts point to the possibility of supplementing Art. 27. In particular, according to experts, forms of social partnership include:

According to other experts, the above options have a number of disadvantages. First of all, there is a declarative nature of some provisions, binding to the structures that are authorized to implement them. At the same time, the forms of social partnership established in the legislation of the region contribute to a significant expansion of opportunities for participants in relations, in comparison with Art. 27 TK. The list given in the norm as an exhaustive list can thus be supplemented and specified by the Code itself and other regulations. The corresponding clause is present in this article. In particular, it says that forms of social partnership can be established by the legislation of the region, collective agreement/contract, and enterprise.

Art. 26 TK

The forms and levels of social partnership represent the key links that form the institution under consideration. The Labor Code does not provide clear definitions, but lists, classifications and characteristics of elements are provided. So, in Art. 26 of the Code indicates the federal, sectoral, regional, territorial and local levels. Analyzing the above categories, many experts point to a violation of the logic of constructing the list. Experts explain their conclusion by saying that it contains categories divided according to independent classification criteria.

Territorial criterion

Social partnership exists at the federal, municipal, regional and organizational levels. This list appears to be incomplete. In Art. 26 of the Labor Code does not mention one more thing - the federal-district level. In May 2000, the President signed a Decree on the formation of districts. In accordance with this act, representatives of the Head of State were appointed and representative offices were opened. Currently in all federal districts 2 or 3 party agreements have been signed. They are necessary to create a unified district, ensure the fulfillment of the needs of the population, the rights of able-bodied citizens, the development of social partnership, and so on.

Industry characteristic

The forms and levels of social partnership that exist at the regional level are provided by a regulatory framework that corresponds to the characteristics of the area, historical and cultural traditions, etc. In the legislation of the constituent entities of the Russian Federation, except for those provided for in Art. 26 TC, a special (target) stage is installed. At this level, professional relationships are concluded.

Conclusion

Some experts suggest adding to Art. 26 TC international and corporate level. However, the inclusion of the latter seems somewhat premature today. If speak about corporate level, then adding it to the existing list is currently inappropriate. This is directly determined by the nature of this stage. At this level, organizational, sectoral, territorial and international characteristics of social partnership are combined. Moreover, the latter is implemented primarily in accordance with the provisions of agreements concluded by the Russian Federation with other countries, taking into account conflict of laws rules of labor law. To clarify the situation, experts propose changing the interpretation of Art. 26. In their opinion, the article must indicate that the territorial level is a part of the Russian Federation, defined in accordance with regulations (the Constitution, charters of municipalities and enterprises, government regulations, etc.). The functioning of the institute is carried out throughout the country, in districts, regions, municipalities and directly at enterprises.

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