Protection of labor rights and legitimate interests. Protection of labor rights. Legal documents regulating this issue

Trade union - a voluntary public association of citizens bound by common industrial, professional interests by the nature of their activities, created in order to represent and protect their social and labor rights and interests.

Trade unions are independent in their activities from executive authorities, local self-government, employers, their associations, political parties and other public associations, and are not accountable and not under their control.

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

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

Trade union labor inspectors have the right to:

To freely visit organizations, regardless of their organizational and legal forms and forms of ownership, in which members of this trade union or trade unions that are part of the association work;

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

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

Inspect the condition of labor conditions and safety, fulfillment of employers' obligations under collective agreements and agreements;

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

Take part in the investigation of industrial accidents and occupational diseases.

Trade unions, in the exercise of their powers, interact with state bodies for supervision and control over the observance of labor legislation. Labor protection officials of trade unions have the right to freely check compliance with labor protection requirements in organizations and make proposals, binding on officials for consideration, to eliminate identified violations of labor protection requirements.

66. SELF-DEFENSE BY EMPLOYEES OF LABOR RIGHTS

Labor legislation provides for several forms of self-protection of workers' labor rights.

The employee has the right to refuse to perform work that is not provided for by the employment contract. In this case, the employee has the right to go to work without fulfilling his job duties, or to stop going to work, having previously notified the employer in writing. For the period of self-defense, the employee retains the average wage for the entire period of self-defense .

An employee has the right to refuse to perform work that directly threatens his life and health. In this case, the employer is obliged to provide the employee with other work for the period of elimination of the hazard. If the provision of another job is impossible for objective reasons, the employer pays for the downtime until the danger to his life and health is eliminated. The employee's refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing heavy work and work with harmful and hazardous working conditions that are not provided for by the employment contract does not entail disciplinary action.

At the time of refusal of the specified work, the employee retains all the rights provided for by the current labor legislation.

The employer, the employer's representatives have no right to prevent employees from exercising self-protection of labor rights. Harassment of employees for using legal methods of self-protection of labor rights by them is prohibited.

The employee is obliged to warn the employer's representatives in writing about the self-protection of labor rights, indicating in the statement of the offense committed by the employer's representatives. Upon receipt of the application, the employer's representatives have the right to terminate the employee's actions or inaction or to appeal in court "or the state labor inspectorate. Recognition of the employee's actions or inaction in self-defense of labor rights as illegal by the relevant authorities obliges the employee to stop using the methods of self-defense of labor rights. Otherwise, the employee may be involved in to disciplinary responsibility.

In the event that a court or labor inspectorate recognizes the employee's self-defense as legal, these bodies may oblige the employer's representatives to eliminate the violations of the employees' rights.

Otherwise, the employer's representatives may be subject to disciplinary or administrative responsibility.

67. CONCEPT AND TYPES OF LABOR DISPUTES

Graduate work

Protection of labor rights and legitimate interests of employees by trade unions

Introduction

The highest value of the state is a person, his rights and freedoms. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state. These fixed by Art. 2 of the Constitution of Russia, the provisions are also at the heart of Section XIII Labor Code RF.

Protection of the labor rights of employees is ensuring the observance of labor rights, the restoration of illegally violated rights and the establishment by labor legislation and the actions of the relevant bodies of the real effective responsibility of employers and their representatives (administration) for violation of labor legislation, its failure to comply, i.e. for violation of labor rights of employees ... In this narrow sense, protection is regulated by section XIII of the Labor Code.

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

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

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

The practical significance of the study lies in the fact that the results of the study, theoretical conclusions can be used in the process of current rule-making; in the process of law enforcement practice of trade union organizations.

The objectives of the study are: consideration of the functions of trade unions, their legal status in the world of work from the point of view of protecting the labor rights of workers; legal analysis of the activities of trade unions in this area, as well as legislation from the point of view of the need to improve it in order to strengthen the protection of labor rights of workers by trade unions.

Study of the forms of protection by trade unions of the social and economic rights of workers;

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

Analysis, definition of the most common labor offenses, development of a legal mechanism for their elimination, prevention;

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

The subject of the research is the legal regulation of the activities of trade unions to protect the labor rights of workers.

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

The normative legal basis of this study is the Constitution of the Russian Federation, conventions and recommendations of the International Labor Organization, Russian legislation, the legislation of the constituent entities of the Russian Federation, and by-laws.

The structure of the work consists of an introduction, three chapters, uniting eight paragraphs, conclusion and bibliography.

1. Legal problems of protection by trade unions of labor rights and legal interests of workers

1 Concept and definition of protection of labor rights of workers

The state is a power-political organization with sovereignty, a special apparatus of government and coercion, and establishing the legal order in a certain territory.

Human rights and freedoms are the highest value of any state. Since the basis of the state's duties is the recognition of a person, the observance and protection of his rights and freedoms. These foundations are enshrined in the Constitution of Russia and the Labor Code.

The International Labor Organization is a specialized agency of the United Nations, an international organization dealing with the regulation of labor relations. For 2012, 185 states are ILO participants. Since 1920, the headquarters of the Organization, the International Labor Office, is located in Geneva. The office of the Subregional Bureau for Eastern Europe and Central Asia is located in Moscow.

The international treaty (ILO) considers that the most vulnerable link in labor relations is the employee. And they are the ones who need protection from the employer.

The basis for the protection of workers' rights is the protection of labor rights, prevention in collectives. The relevant authorities should, through the established legislation, most effectively demand liability from employers and their representatives.

Protection of workers' rights is understood as the implementation of the protection function by the state. Combined with the work of protecting human rights, it combines the most important ways to protect these rights:

.Establishment of rules in the Labor Code and other labor laws to achieve a high level of working conditions in the state. Also guarantees of observance and adjustment of labor rights, which can be supplemented to enhance development. They are used in both regional and local labor legislation through collective bargaining agreements, agreements and labor contracts.

The development of industrial democracy, with the help of both direct and representative, where the representatives are the workers themselves, who establish and determine the rules of internal work schedule, conclude collective agreements with organizations. This avoids establishing a decision only by the employer.

It is necessary to use the propaganda of labor legislation, by all available means among the workers. It is also necessary to provide training for employers and their representatives in order to prevent labor offenses in the collective and to educate the collective in the cultural foundations of the struggle for their labor rights.

Employee labor rights are protected by jurisdictional authorities. Their areas of work include both labor disputes and work with the courts. In the Labor Code of laws on workers' rights, it is worth highlighting the fundamental section number eighteen. Its title is “Protection of workers' labor rights. Labor dispute resolution. Responsibility for violation of labor legislation. "

In Art. 352 of the Labor Code indicates three main ways to protect the labor rights of workers and their legitimate interests:

State control and supervision over the observance of labor legislation.

Protection of workers' labor rights with the help of labor trade unions.

Self-defense by workers of labor rights.

The most important forms of labor communication always begin at the initiative of the workers, but in Art. 379 of the Labor Code, the legislation did not include individual and collective labor disputes among these rights. These types of disputes are considered by the jurisdictional authorities, as they relate to forms of self-protection of workers' labor rights. The jurisdictional authorities themselves are a separate institution.

It is also appropriate to mention here the state supervision and control of labor legislation and the protection of labor rights of workers by trade unions. These two institutions regulate two types of labor relations.

Relationship on supervision and control of labor legislation and labor protection

Relations on the implementation of the protective function of trade unions, their rights in the world of work

The work of the judiciary in resolving labor disputes is also directly related to labor relations. Acting as an institution of labor disputes. The basis for the emergence of such labor disputes is the actions of the worker who has expressed the will to consider the dispute, which, accordingly, leads to the work of legal bodies.

There are also individual approaches to working with the protection of labor rights. Using many years of practice with work to create the very act of labor law in a centralized or local manner. In Art. 379 of the Labor Code use new approaches to protecting the rights of workers: an employee can refuse to perform work not provided for by an employment contract, as well as work that directly threatens his life and health (except for cases provided for by federal laws), while retaining all labor rights with such a refusal. This law is repeated in Art. 219 and 220 of the Labor Code, in accordance with Article 37 of the Constitution of the Russian Federation. Where to talk about safe and healthy living conditions. But in paragraph 2 of Art. 45 of the Constitution of the Russian Federation, a law that says that: “Everyone has the right to defend his rights and freedoms in all ways not prohibited by law”, there is a mistake, this law does not cover all forms of self-defense of workers' rights in Art. 379 TC. The Constitution of the Russian Federation is a law of direct action and in these situations guarantees state protection of labor rights and freedoms of workers. No matter what situation occurs, and no matter what legal method of self-protection of their labor rights the workers choose, it will be legitimate both to individual and to collective labor rights and labor interests.

Protection of labor rights is various actions of state and trade union bodies to prevent labor offenses, and if any are identified, these bodies help workers to eliminate such offenses (individual or collective), restore violated labor rights and bring violators to justice. In this situation, those enshrined in Art. 142 Labor Code: refusal to work with a delay of more than 15 days in the payment of accrued wages, various protest actions of workers, etc.

The thirteenth section of the Tinder Code is entitled "Protection of labor rights ...". The process for the protection of this law has its own stages, namely:

a) prevention of labor offenses;

b) consideration of a labor offense when resolving labor disputes;

c) restoration of violated labor rights;

d) responsibility for labor offenses.

When working at the first stages of creating new legal acts, one must initially take into account that it is necessary to protect the labor rights of workers, and it is imperative to ensure that the already established foundations are not destroyed in their rights. The regulation of labor rights takes into account all stages and ways of protecting these rights. The main instrument of this regulation is the system of legal means. Thanks to this system, the ordering of labor and other relations directly related to them in the world of work is carried out in accordance with the goals and objectives of the legal social state.

The main structural elements of the legal regulation mechanism are:

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

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

c) acts of implementation of legal rights and obligations, that is, the actual behavior of the subjects of legal relations.

In this element of the mechanism of legal regulation of labor, the employer may violate his labor duties, and, consequently, the rights of employees.

The protection of workers' labor rights also applies to the protection of the rule of law in labor, and to the restoration of violated legality. In turn, the rule of law in the world of work is the strict and full implementation of the requirements of labor legislation by all subjects of labor law.

Considering that there will be stability in the labor order, where all elements of the settlement will be involved legal labor, and where the labor rights and obligations of the subjects of labor and directly related legal relations are effectively implemented. Only then is it possible, in the event of a labor offense, to quickly and completely protect and restore all labor rights of workers.

Only with the legitimate behavior of all subjects of labor law, it is possible to implement labor law and order. Since it includes the basics of labor law, which is protected and protected by the state. The state acts as the guarantor of the basic protection of workers' labor rights, and represents the legal side in the world of work and labor law and order.

The main indicator of the state of public life in the social sphere in a state governed by the rule of law is a clear and specific level of labor law and order and legality in the world of work in each organization. If the state wants to achieve effective legal regulation of labor between the subjects of labor law, it should strive for high level labor law and order and the legality of labor in every production.

The employer and his representatives do not have the legal right to hinder workers, to exercise all forms of self-protection of their labor rights, where the protection of workers' rights is taken into account not only by Article 379 of the Labor Code, but also by the Constitution. Also, the employer has no rights under Art. 380 of the Labor Code, persecution of workers for their use of legal methods of self-protection of their labor rights. If the employer violates this article, he will be held liable for violation of labor laws, the Code of Administrative Offenses, as well as the Criminal Code. In case of violation of labor legislation and labor protection, administrative officials or employers are subject to disciplinary liability (dogans), administrative liability (fine), material liability (confiscation of property), and criminal liability (legal proceedings). The heads of production, its subdivisions and their deputies, guilty of this, can be punished at the request of the trade union body, up to dismissal, or removed from their posts. Employees for violation of labor protection instructions are brought to disciplinary, and in appropriate cases - to material and criminal liability.

1.2 Labor rights of workers and the form of their protection

According to Art. 2 of the Constitution of the Russian Federation, the recognition, observance and protection of human and civil rights and freedoms is the duty of the state. The protection of a right is usually understood as the elimination of obstacles in its implementation or restoration of the violated right and compensation for the damage caused by this violation. The concept of protection of subjective labor rights also includes the activities of authorized government agencies and trade unions for the prevention and suppression of violations of labor rights.

In accordance with the amendments introduced by the Federal Law "On Amendments to the Labor Code of the Russian Federation, the recognition as invalid on the territory of the Russian Federation of some normative legal acts of the USSR and the invalidation of some legislative acts of the Russian Federation" dated 30.06.2006 No. 90-FZ Art. 352 of the Labor Code of the Russian Federation enshrines the following methods of protecting labor rights:

self-defense by employees of labor rights;

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

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

judicial protection.

The role of the public in protecting the legitimate interests of a person, the Constitution of the Russian Federation indicated that everyone has the right to form trade unions. Unfortunately, it can be stated that trade union organizations are usually not created at enterprises of medium and small businesses, and commissions on labor disputes are not elected, i.e. there are no bodies that should protect the interests of employees. This happens for various reasons: the negative attitude of some employers to the activities of trade unions, since the latter limit their omnipotence; persecution of workers who applied to the trade union to defend violated rights; poor knowledge of labor legislation by employees, and in this regard, the unwillingness to protect violated rights with the help of the trade union committee or in the commission on labor disputes. In conditions of unemployment, the worker is sometimes forced to sacrifice his legal rights to keep his job.

Chapter 58 of the Labor Code of the Russian Federation is devoted to the protection of labor rights of workers by trade unions. Article 2 of the Federal Law "On trade unions, their rights and guarantees of activity" determines that a trade union is created to represent and protect the social and labor rights and interests of its members. The main function of trade unions is the function of protection, which is implemented in four organizational and legal forms:

participation of trade unions in social partnership relations;

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

participation in the resolution of labor disputes;

The participation of trade unions in social partnership relations, the establishment of working conditions in an organization through the institution of a collective agreement and other labor agreements should become the main, main form of implementing the protective function of trade unions.

The literature suggests that after the formation of the state labor inspection, the legalization of trade union inspections (legal and technical) is not justified, since they have no powers of authority. It should be noted that the interests of the inspectorates coincide, and in the case of mass inspections of the state labor inspectorate, the assistance of labor inspectorates of trade unions is needed. The current legislation indicates the need for their joint action.

Article 370 of the Labor Code of the Russian Federation discloses the right of trade unions to monitor compliance with labor legislation and other regulatory legal acts containing labor law norms. Trade union labor inspectors have the right to freely visit organizations, regardless of their organizational and legal forms and forms of ownership, in which members of this trade union or trade unions belonging to the association work, to carry out inspections of compliance with labor legislation, legislation on trade unions, as well as compliance with the terms of the collective agreement , agreement. Trade union labor inspectors, authorized (trusted) persons for labor protection of trade unions have the right:

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

send employers binding orders for elimination of identified violations;

take part in the consideration of labor disputes;

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

apply to the relevant authorities with a requirement to bring to justice persons guilty of violating laws and other acts containing labor law norms, concealing the facts of accidents at work.

Trade unions, their inspections, in the exercise of these powers, interact with state bodies of supervision and control.

Articles 371 and 372 of the Labor Code of the Russian Federation provide for the procedure for taking into account the opinion of the trade union body when the employer adopts local regulations containing labor law norms. The Code provides for the following cases for the employer to make decisions taking into account the opinion of the representative body of the organization's employees:

introduction and cancellation of part-time work for a period of up to six months in order to preserve jobs in the event that changes in organizational or technological working conditions may lead to mass layoffs of employees;

dismissal of workers who are members of a trade union at the initiative of the employer;

engaging workers in overtime work in certain cases;

scheduling of shifts during shift work;

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

approval of the vacation schedule;

establishment of a system of incentive payments;

setting the amount of increased wages when working at night;

introduction, replacement and revision of labor standards;

approval of internal labor regulations;

approval of the work schedule on the shift when working on a rotational basis.

Before making a decision, the employer sends a draft local normative act to the elected trade union body representing the interests of all or most of the employees of this organization. The elected trade union body, no later than five working days from the date of receipt of the draft local act, sends the employer a reasoned opinion in writing. The employer can agree with him or is obliged to conduct additional consultations with the trade union body within three days in order to reach a mutually acceptable solution. The employer can accept local normative act and if no agreement is reached, then the elected trade union body has the right to initiate a collective labor dispute procedure, and the adopted act can be appealed to the relevant state labor inspectorate or to the court. The State Labor Inspectorate is obliged, within one month from the date of receipt of the complaint (statement) of the trade union body, to conduct an inspection and, if a violation is found, issue the employer a binding order to abolish this local normative act.

The Labor Code of the Russian Federation significantly limited the employer in making an illegal decision to dismiss an employee, and the trade union committee granted the right to protect and reinstate an illegally dismissed employee in a shorter period of time through the state labor inspection. In accordance with Art. 82 of the Labor Code of the Russian Federation, dismissal of workers who are members of the trade union, under paragraph 2, sub. "b" clause 3 and clause 5 of Art. 81 of the Labor Code is made taking into account the reasoned opinion of the elected trade union body of the organization.

The procedure for taking into account the opinion of the trade union body when terminating an employment contract at the initiative of the employer is established by Art. 373 of the Labor Code of the Russian Federation. The employer sends a draft order to the trade union body, as well as copies of documents that serve as the basis for making the specified decision. Within seven working days from the date of receipt of the draft order, the trade union body considers this issue and sends its reasoned opinion to the employer in writing.

If the trade union body expressed its disagreement, it will hold additional consultations with the employer within three working days. If a general agreement is not reached based on the results of consultations, the employer, after ten working days, has the right to make a final decision, which can be appealed to the state labor inspectorate. The State Labor Inspectorate, within ten days from the date of receipt of the complaint (application), considers the issue of dismissal and, if it is recognized as illegal, issues the employer a binding order to reinstate the employee at work with payment for forced absenteeism.

3 Concept, tasks and functions of trade unions

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

Trade unions in the political system of society are specific public organizations that have their own clearly defined functions, determined by their charters.

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

A trade union or a trade union is a voluntary public association of citizens who are linked by common industrial and professional interests by the nature of their activities, which in turn are created to represent and protect the social and labor rights and interests of workers.

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

Every worker has the right to join a trade union or create one, which is enshrined in Article 30 of the Constitution of the Russian Federation. This mention testifies to the importance of trade unions for public life and their special role.

Today, the working people are in urgent need of protection of their rights and interests in connection with the strengthening of socio-economic contradictions.

Social regulation of social relations enables trade unions to exercise their protective function. It is customary to regulate relations with the participation of trade unions in different ways. social norms - law, morality, ethics, traditions and others. These relationships can be roughly divided into three groups:

relations that have developed in the process of interaction of trade unions with state, economic bodies and employees, which are not formally consolidated;

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

relations, the content of which is reflected in the regulatory legal acts.

The activity of trade unions can be regulated by them independently on the basis of intra-union norms, which are adopted and approved by the leaders of the trade unions. These norms are not legal in nature and are reflected in the charters of trade unions and other acts, but almost all of them have legal consequences. In connection with the changes that are being carried out in civil legislation, it is necessary to include provisions in the trade union statutes that will regulate property relations between the trade unions themselves, their associations and affiliates. These norms must be recognized as legal, despite the fact that they are adopted by public organizations, while relying on the law and pursuing the goal of implementing it. In connection with this circumstance, it can be concluded that the modern statutes of trade unions contain both legal norms and non-legal ones.

Legal influence is necessary only for those social relations in which trade unions enter, the regulation of which is objective and necessary from a political, economic and social point of view. Legal regulation enables trade unions to fulfill their tasks and fulfill their functions.

The law regulates social relations in which trade unions enter only to a certain extent, which is sufficient to protect the interests of workers and their representation, as well as for the successful functioning of trade unions and the development of society. The boundaries of legal regulation directly depend on social relations, the degree of their development, as well as on the political, economic and social conditions in which they develop.

The limits of legal regulation, in turn, directly depend on the purpose of trade unions, as well as on the need to represent the interests and protect the rights of workers in the world of work with the maximum benefit. For this, all possible means and methods are used that are inherent in trade unions, law, as well as the interaction of legal and non-legal methods and means.

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

When creating legislation on trade unions, the content and scope of their statutory or public powers are taken into account. The state has the right to assign to trade unions only those powers that are regulated by their charters, provided that the strength of their social relations is taken into account. After the adoption of legislation on trade unions, they must adhere to this legislation in the process of their activities.

Based on the above, we can conclude that the relationship between the legal and social status of trade unions is based on the principle of direct and feedback, as well as on interdependence in the preparation of legislation on trade unions with the priority of social norms and the priority of legal norms after the adoption of the relevant legislative act.

The rights of trade unions form a legal basis that contributes to the fullest fulfillment of their statutory functions and tasks, as well as the strengthening of the legal basis of social and state life in general.

However, at the same time, the state does not interfere in the internal activities of trade unions due to the fact that they are guided by the charters they adopt and are not subject to mandatory registration with state bodies, since they are public organizations. In the case when trade unions need to obtain rights legal entities, they must be registered with the bodies of the Ministry of Justice of the Russian Federation, after which they will be included in the corresponding register. However, it is worth noting the fact that registration has a notification procedure, and not mandatory. It is the notification procedure that ensures the complete independence of trade unions from the executive authorities.

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

Independence is the fundamental principle of the activity of all trade unions without exception and can also be ensured through:

direct prohibition of any interference in their activities by state authorities and their officials, which may subsequently lead to restrictions on the rights of trade unions or interfere with the implementation of their statutory activities, which are regulated by law;

independence in property matters;

the right to independently develop and approve the charters of trade unions, determine their structure, choose a leader and organize their activities;

the prohibition to control the activities of trade unions by the justice authorities that register trade unions as legal entities.

The second important principle of trade unions is self-government, which is stipulated by the Federal Law “On Public Associations”. This law in relation to trade unions is expressed in the right of trade unions to independently develop and approve their charters, as well as to regulate their internal activities.

The third principle is voluntary association in trade unions, which is enshrined in the legislation on trade unions and the Federal Law "On Public Associations".

The fourth principle is the equality of trade unions, which is also enshrined at the legislative level and is expressed in the absolute equality of all trade unions before the law. This principle is expressed in the fact that all trade unions and their bodies located at the same level have the same rights, regardless of their number or any other characteristics. It is in this connection that the legislation reflects trade union pluralism - the presence of not one, but several different trade unions.

The fifth principle is the legality of the creation of trade unions and their activities, which is enshrined in the legislation on trade unions.

For all trade unions without exception, a common regulatory legal act is the Federal Law "On Trade Unions", which acts as a special act in relation to the Federal Law "On Public Associations". In this situation, specialization is carried out on the basis of the subject - a special social organization. The norms on the rights of trade unions are also enshrined in many other acts, a significant part of which specializes in the subject of regulation, for example, the norms on the rights of trade unions in the development and conclusion of collective agreements and agreements.

It is also worth noting that some constituent entities of the Russian Federation adopt their own laws on trade unions, for example, the Republic of Tatarstan, Sakha (Yakutia), Bashkortostan, Saratov region and others.

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

The legal basis for the activities of trade unions, taking into account the circumstances in the country, is constantly subject to legislative changes and is being improved due to the development of social relations in which trade unions participate. However, mainly changes occur due to changes in economic relations and changes in the socio-political situation in the country. In this regard, it becomes necessary to revise the rights of trade unions. The state and its bodies receive back the powers that were previously entrusted to the trade unions, for example, the state power powers of the legal and technical instances of trade unions. There is also a process of expanding and strengthening rights that are aimed at protecting the interests of workers, for example, employment issues. The International Labor Organization, with its convection numbers 87, 98, 135, 144 and others, has had a decisive influence on the content of trade union legislation.

In connection with the above, it should be noted that the main trends in the improvement and development of legislation on trade unions, their rights and guarantees are:

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

in the refusal of trade unions from powers that are not inherent to them;

in preserving, expanding and strengthening the rights that enable trade unions to defend the interests and social and labor rights of workers.

employer union contract control

2. Implementation of protective functions by trade unions in interaction with representatives and executors of government authorities, employers

1 Development and general characteristics of social partnership

Social partnership is a phrase that is capacious in nature, which is sometimes replaced by a shorter one - "tripartism". It means trilateralism, which complies with international legal regulation of labor and determines the nature of the relationship between employees, employers and state bodies represented by the Government of the Russian Federation or the executive power of a constituent entity of the Russian Federation.

The term "social partnership" came into use after the end of the First World War. The theory of social reform was born in opposition to the theory of class struggle, which in the 19th century wanted to play the role of the most important regulator of the process of history. The adherents of this concept took as a basis the then-popular ethics of Feirbach, the concept of "harmonization of relations" by L. Blanc and P. Proudhon, the ideas of F. Lassalle and other theorists of social democratic ways of development. Employers of the last century both in Russia and in the West, in order to prevent strikes and reduce profits because of this, agreed with their workers, and also rewarded the particularly diligent with certain privileges. It was these circumstances that served for the emergence of the "labor aristocracy."

The main reason for the decline in radicalism was a qualitative change that took place among the workers themselves. Clashes and strikes between employers and workers ceased to exist and developed into negotiation processes due to the increase in the level of education and the growth of professionalism, the emergence of an opportunity for workers to participate in the profits of the enterprise, as well as due to higher wages and the development of social protection.

Social partnership has changed with the course of history, developed both in theory and in practice. After the victory of the October Revolution, the whole world was forced to recognize the new tactics and strategy of relations between labor and capital. In order to resolve the contradictions that arose during the transition, it was necessary to create specialized organizations and trade unions. It was this need that became the reason for the creation in 1919 of the International Labor Organization, which was an external factor. However, the main factor in social partnership is still internal factors that are able to reflect real changes in production. The scientific and technological revolution has become such a factor. As a result, society has received completely new opportunities to satisfy its vital needs. However, there were still disadvantages in such changes - the scientific and technological revolution led to an increase in quality requirements work force and required highly educated professionals. In this situation, the socio-psychological component of relations between the participants in the production process was of great importance. As a result, it became necessary to humanize the relationship between them and in social dialogue.

Social partnership was studied by both Western and domestic scientists, who were significantly inferior to the first. Foreign historiography makes it possible to trace that social partnership was studied in the middle of the 20th century. Soviet historiography paid great attention to the study of socio-economic processes, but the problems of social partnership for some reason were not brought up for discussion due to the fact that the contradictions between labor and capital at the level of state ideology were eliminated, in connection with which there were no reasons for social conflicts. Social partnership was at that time a system of social relations “alien to socialism”.

Europe has been exploring social dialogue between employer and employee for quite some time. Germany back in the 70s. XIX century. signed the first tariff agreement. In the XX century. Ludwig Erhard from Germany and Gunnar Myrdal from Sweden developed the theory of the welfare state, which paid great attention to social partnership, which was reflected in political economic works, which clearly indicated the goals of the economic and political development of the state in favor of society.

It was the socio-political upheavals of the last century that shaped the global scale of the problem of preserving social peace. After the revolutionary upheavals and changes that took place in Russia, together with the League of Nations in 1919, the International Labor Organization, or the ILO, was created, which in its activities sought to realize the aspirations of its members for the worldwide establishment of the legal order in relations between governments, employers and workers' organizations ...

The International Labor Conference in 1944 adopted a Declaration that clarified the main objectives and goals of the International Labor Organization. The basis of her activity was the following principles: labor is not a commodity, freedom of speech and association - necessary condition for constant progress, poverty is a threat to universal well-being, all people, without exception, have the right to exercise their material well-being and spiritual development, subject to dignity and freedom, equal conditions and economic stability.

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

The International Labor Conference in 1998 adopted the solemn Declaration of the International Labor Organization, which revealed the main principles and rights at work, and also reaffirmed the determination of the international community to “respect, promote the application and in good faith implement” the right of employers and workers to have freedom of association and collective bargaining and strive to eliminate all forms of forced or compulsory labor and discrimination in employment and occupation. The Declaration also pays attention to the fact that states in any case must comply with these principles, regardless of whether they have ratified the necessary conventions or not.

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

The studies of Western scholars, which contained theoretical substantiations of the problems, were viewed as an attempt by the "apologists of capitalism" by ideological compromisers to supplant the Marxist theory of classes and class struggle, as well as an attempt to replace it with the concept of cooperation between labor and capital. With all this, the latter was perceived by society only as reactionary-utopian, which was developed by special order of the bourgeoisie. However, a detailed analysis of the literature of the Soviet period on social partnership makes it possible to do it by identifying two groups of researchers of this problem - integrative and conflict.

Social partnership is perceived by many scientists as a mechanism for regulating social conflicts, which necessarily includes exposing their exploitative nature and revealing their real true anti-labor orientation.

When researching the problems of solving social and labor conflicts, some authors attempted to define the content of the concept of "social partnership" as a "complex mechanism". They understood the essence of this category ambiguously, in connection with which they offered quite a lot of judgments that contradicted each other. Their mistake was that, when forming their judgments, they did not take into account the ambiguity of the concept of social partnership, which developed in the course of history, and also that they confused its semantic meanings. In this regard, the conclusion is formed that the representatives of the conflict school did not admit any possibility of peaceful coexistence of the subjects of labor and capital. They were firmly convinced of the insurmountable antagonism of the contradictions in capitalist society, and, consequently, of the harmfulness of the ideology and practice of social partnership.

Others consider themselves to be representatives of the integrative direction. The basis for their work was the interconnection of the theory of social conflicts, as well as their regulation and agreement. They devote all their attention to finding the most effective means of managing conflict, as well as exploring all sorts of ways that lead to social harmony.

Taking into account the development of theoretical problems of cooperation between different social forces in the field of sociology and economics, the main categories of partnerships, for example, entrepreneurship, competition and the market economy, gradually began to be introduced into scientific circulation.

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

G.Yu. Semigin identified the main features of the formation of social partnership in Russia. In his opinion, social partnership from the beginning of its inception was formed in Russia not from below, as in the West, but from above. He draws attention to the fact that it is vitally necessary to create a mechanism to facilitate the formation and implementation of the most effective socio-economic policy in the state. He also assumed that in Russia there would still be a need to create economic, legal, social and psychological foundations for partnerships, and first of all he noted the need to gain sufficient experience in organizational, personnel, scientific, methodological and financial support. However, it is worth noting the fact that not all the provisions presented in this book do not require challenge. The polemical nature of some of these provisions forms a certain interest and gives rise to reflections on the paths of the historical transition from class contradictions to coherence and partnership.

Modern realities make it clear that all over the world private ownership of the means of production prevails. It is logical to assume that if there is a class of property owners, then there must necessarily be a class of employees. Their interests are very different. In the case when a business seeks to improve production efficiency, reduce costs and at the same time obtain the maximum possible profit, then an employee in this situation seeks to sell his professional skills most effectively and at a high price. Only mutual understanding and the realization that the realization of their interests is simply impossible without each other can become a peaceful bridge between them. IN last years more and more often, various works appear that reveal the general problems of the theory of partnerships, which directly testifies to the needs of society in the systematization of knowledge on this topic. A review of scientific literature makes it clear that Russian scientists have not yet been able to develop one general approach to the perception and full understanding of the essence of social partnership, the classification of its models, their genesis, structure and functions.

2 Interaction of trade unions with representative authorities

Starting in the eighteenth century, the world began to move to new levels of economic and political relations. Trade unions began to play a huge role. In the twentieth century, thanks to close cooperation of the main institution of the political system of society with the trade unions, it led to the fact that relations between them began to take on a partnership character. In Art. 23 TC gives a clear definition of the concept of social partnership.

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

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

The creation and operation of social partnership bodies, in the preparation of projects and the conclusion of contracts and agreements of various levels, both public authorities and local self-government are involved. Since it is necessary to take into account the interests of society as a whole, and to coordinate the development of collective-contractual regulation of labor relations at various levels, to coordinate state and contractual regulation, this is what determines the work of state authorities and local authorities.

Government authorities act as an independent third party in consultation or negotiation. They provide direct assistance in labor relations to find mutually acceptable solutions.

State bodies are representatives for protecting the interests of society as a whole, since it takes into account the views of the parties, taking as a basis state policy, with the help of which it is possible to make a legal decision. But state bodies and local self-government bodies are not always participants in labor social partnership. Basically, the employer and the worker, in a confrontation, try not to involve third parties, since all relationships within the organization are carried out on a bilateral basis. In Art. 45 of the Labor Code of the Russian Federation, the conclusion of agreements can also be carried out on a bilateral basis without the involvement of state bodies or local authorities, if the employer and the worker come to such a decision. As a result, if the parties to the confrontation come to such a decision, they will not automatically be recognized as parties to the social partnership, and accordingly do not receive any rights and do not bear obligations under the agreements concluded with their participation. The only exception is that state and local government bodies themselves act as employers or represent the interests of employers in accordance with Art. 34 of the Labor Code of the Russian Federation.

The representative for the employer can be the heads of organizations or persons authorized by the head. In the event of a transfer from the executive body of a joint-stock company to a management organization or a manager (individual entrepreneur), they receive the authority to act and carry out actions of social partnership on behalf of the company.

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

Taking into account the provisions of the ILO No. 135 "On representatives of workers", of 1917, elected representatives on behalf of workers, representing their interests, and who are not members of trade unions are not allowed to work to undermine the position of interested trade unions or their representatives, but trade unions are not have the right to ignore opinions from workers' representatives. This provision of international legal law is recorded in Part 2 of Art. 31 of the Labor Code of the Russian Federation. Literally it says: the presence of another representative cannot be an obstacle to the exercise of its powers by a trade union organization. The activities of a non-union representative in an organization must be based on close work and cooperation with the union. They also have the right to nominate their representatives so that they take direct part in other representative bodies of organizations. This action is due to p2 Art. 16 FZ "On trade unions and guarantees of their activities."

Initially, social partnership involves achieving consolidation between the worker and the employer. Social partnership for making a decision takes into account the need to ensure the effective operation of organizations and create a system of guarantees for the labor rights of workers.

Social partnership is one of the most complex systems of interaction between a worker and an employer. For a clearer concept of its essence and social significance, it is necessary to understand all forms and levels of cooperation of social partners. In Art. 26 of the Labor Code of the Russian Federation there are five levels, thanks to which social partnership is possible:

Federal

Regional

Industry

Territorial

Organization level

Each level of labor partnership has its own task for regulating labor relations.

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

Also present on a parity basis forms of cooperation that exist to solve specific social problems, for example, committees or commissions for labor protection, or coordination committees for employment, as well as participation in the management of off-budget social funds.

Collective bargaining and the conclusion of collective agreements can be considered one of the main forms of social partnership. They condition the realization by workers, or their representatives between the employer, of labor rights for the implementation of collective bargaining regulation. Thanks to this form of social partnership, it is possible to achieve social peace in society, and also allows more correct conduct of labor and all related relations. Also, social partnership helps in establishing clear working conditions.

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

Certain legislative and other normative legal acts provide for consultations of social partners in other forms, for example, Article 21 of the Employment Law provides for the participation of trade unions and other representative bodies of workers in promoting employment of the population. In particular, at the suggestion of trade unions, executive authorities, employers conduct mutual consultations on problems of employment of the population.

Organization-level consultation is carried out as part of the participation of employees in the management of the organization. Consultations are provided for, for example, Art. 372, 373 of the Labor Code of the Russian Federation in the implementation of local regulation of labor relations or termination of an employment contract at the initiative of the employer.

The collective agreement may also provide for other cases of consultations with representatives of employees, for example, when deciding on the reorganization of an enterprise, declaring it bankrupt, or carrying out mass layoffs of employees. Consultations are carried out in order to take into account the legitimate interests of employees when making management decisions and ensuring that their labor rights are respected.

Participation of employees in the management of the organization is named as the next form of social partnership. Such interaction of employees and their representatives with the employer is carried out exclusively at the level of the organization, in accordance with Art. 52 of the Labor Code of the Russian Federation, employees are entitled to participate in management directly or through their representative bodies.

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

In practice, the most important form of employee participation in the management of an organization is considered to be taking into account the opinion of the representative body of employees in the implementation of local regulation of labor relations and making specific management decisions.

Taking into account the opinion of the representative body of employees is necessary, for example, when drawing up shift schedules, adopting a local normative act providing for the division of the working day into parts, a local normative act establishing labor standards, instructions on labor protection.

The representative body of workers participates in the establishment of increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions, as well as for work at night, in determining the forms of vocational training, retraining and advanced training of workers ...

When implementing law enforcement actions, only the opinion of the elected trade union body is taken into account, other representatives of employees do not participate in resolving the issues of introducing part-time work in order to preserve jobs, dismiss workers who are members of the trade union, engage in overtime work.

The next form of social partnership is the participation of representatives of employees and the employer (employers) in the pre-trial and out-of-court settlement of labor disputes.

Cooperation between employees and the employer (employers) is carried out when resolving labor disputes.

When resolving individual: labor disputes by representatives of employees and the employer on an equal footing, a labor dispute commission is created, which considers most individual labor disputes.

When resolving collective labor disputes, an out-of-court conciliatory dispute resolution procedure is used: by agreement of the parties, a conciliation commission is created from their representatives, the parties participate in the selection of a mediator, in the creation of a labor arbitration, conduct negotiations to determine the minimum required work (services), negotiations during a strike with the purpose of resolving existing differences. All these actions must be considered as cooperation of the parties to the dispute, their participation in the out-of-court settlement of a collective labor dispute.

In addition to these forms, in accordance with the current legislation and established practice, the following is used: the creation on an equal footing of permanent advisory and coordinating bodies, the participation of social partners in the management of off-budget social funds, consideration and registration of proposals by trade unions by employers and public authorities.

Research and practice indicate that until a unified model of interaction between state bodies and trade unions has been formed, laws that adequately reflect the realities of the political system of Russia have not been adopted.

3 Interaction of trade unions with executive authorities, associations of employers, the practice of applying collective agreements and agreements in protecting the rights of workers

From the very beginning of the emergence of the Russian professional movement, its fundamental feature was its close connection with the activities of political parties and Soviets of Workers' Deputies, born of the labor movement. The parties that emerged later in 1905, the trade unions as a social movement unwittingly experienced their influence and a certain dependence on them. In turn, the trade unions the best personnel and support contributed to the strengthening of both the Soviets of Workers' Deputies and the political parties closest to them in spirit and, above all, the Russian Social Democratic Labor Party (RSDLP), which set itself main goal - the liberation of the proletariat from exploitation.

The relationship of trade unions with political parties, government and government bodies throughout history has evolved in different ways, but has always been a noticeable factor in public life.

What are the similarities and differences between the subjects of these relationships, first of all, political parties and trade unions?

Parties, expressing the interests of a part of the people, strive to conquer power (up to a change in the socio-political system) or to obtain powers of power to implement program tasks, and also not infrequently (alas!) In order to satisfy the ambitions of their leaders.

Trade unions, by definition being representatives of a more significant part of the people than those of political parties, represented by employees and students, are called upon and strive to protect their legitimate professional and educational rights, as a rule, within the framework of the existing social and political system.

Parties and trade unions in their activities use various methods of persuasion and coercion through agitation and propaganda, contractual process, mass protests or even, if we talk about parties, armed actions. Important differences: ideological like-minded people are united in the party; discrimination on political views is not allowed in the trade union; parties strive to conquer power, trade unions use the existing one. Functions: for political parties - representing the interests of certain groups of the population, developing an ideological doctrine, exercising powers of authority, for trade unions - representative and control and protective functions, mainly in the sphere of social and labor relations.

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

Trade unions have equal rights with other social partners to parity participation in the management of state funds for social insurance, employment, compulsory health insurance, pension and other funds formed from insurance contributions, and also have the right to trade union control over the use of these funds. The statutes (regulations) of these funds are approved in agreement with the regional trade union associations.

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

The employer, in accordance with the collective agreement (agreement), shall reimburse the trade union organization for the costs associated with maintaining the staff of the trade union organization of released workers involved in state social insurance issues.

Trade unions have a right to livelihood if they defend the labor rights and interests of trade union members. This follows from Art. 370 of the Labor Code of the Russian Federation and Art. 2 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Their Activities" dated January 12, 1996, as amended by Federal Law of December 30, 2008 No. 309-FZ. Constitutional, labor legislation makes it possible to highlight the most important human rights, which can be much more fully realized when workers are united in trade unions. They manifest themselves in the world of work, in social spheres, in the field of civil and political rights.

At present, the joint activities of the executive power and the federation of trade unions have made it possible, in the main, to develop a system of interaction between the executive authorities and trade unions in solving pressing problems and protecting the socio-economic interests of the region's population. Constructive cooperation in solving socio - economic problems has helped to avoid many social conflicts.

Trade unions are independent from executive authorities and local government bodies. In accordance with Article 5 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Their Activities", it is prohibited for these bodies and their officials to interfere in the activities of trade unions, which may lead to restriction of their rights.

The Bolsheviks, unlike the Mensheviks, categorically opposed the "neutrality" of the trade unions in relation to the policy of the state and political parties. The issue of trade union neutrality was discussed at the First All-Russian Conference of Trade Unions in October 1905, but then no decision was made on this issue. However, the Stuttgart International Congress of Socialist Parties in 1907 adopted a decision condemning the neutrality of the trade unions. Lenin, in the article "Neutrality of trade unions" published in the newspaper "Proletary" in February 1908, condemned the position of Plekhanov, who stood for the "neutrality" of the trade unions, and stressed: "The class interests of the bourgeoisie inevitably give rise to the desire to limit the unions to small and narrow activities based on the existing system, to distance them from any connection with socialism, and the theory of neutrality is the ideological vestment of these bourgeois aspirations. "

What kind of neutrality can the Russian trade unions have when they were connected with the Soviets of Workers' Deputies practically from the very beginning and many arose practically simultaneously with them? Both of them had a common nature of their origin and program goals, often joined forces, supporting each other in solving problems aimed at improving the life of a working person. At the same time, the field of activity of these mass organizations of workers turned out to be optimal: the trade unions acted in production, the Soviets - in the territories. For the first time, Soviets tended to include union representatives, and vice versa. For example, the Charter of the Central Bureau of Moscow Trade Unions stipulated that its meetings were attended by two representatives from the citywide Council of Workers' Deputies and one each from the district Soviets.

Draft regulatory legal acts of executive authorities affecting socially - labor Relations and workers' rights are considered and accepted in the light of the views of trade unions.

Draft decisions and normative legal acts of the regional executive authorities on the most important issues of social and labor relations are subject to consideration at the regional tripartite commission for the regulation of social and labor relations.

The federations of trade unions of the regions, as necessary, should inform the governor of the region about emerging problems in the sphere of social - labor and other relations directly related to them and make appropriate proposals for their consideration in the regional administration.

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

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

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

In ch. 58 of the Labor Code enshrines the right of the trade union to monitor compliance with labor legislation.

The main powers of professional labor inspectorates are:

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

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

ensure the safety of employees of organizations;

conduct an independent examination of working conditions;

to investigate industrial accidents and occupational diseases;

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

trade unions should receive full information on industrial accidents and occupational diseases;

to eliminate detected violations of labor legislation and other regulations containing labor law, must send employers submissions;

to check the state of labor conditions and safety, fulfillment of employers' obligations under collective agreements and agreements;

take part in the work of commissions for testing and commissioning production facilities and means of production as independent experts, etc.

Legal trade union inspectors have the right to freely visit the enterprises where the members of this trade union or association work, to carry out inspections of compliance with labor legislation, on trade unions, the procedure for compensation for harm to health from labor injuries, as well as the management of enterprises to comply with the terms of the collective agreement and its compliance with the current one. legislation. The administration is obliged to provide them with the necessary information and documents.

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

The employer is obliged to inform the relevant trade union body of the results of the consideration of his submission and the measures taken within a week.

In order to comply with labor legislation, trade unions and their associations have the right to establish labor inspectorates vested with powers provided for by the provisions on these inspections, approved by all-Russian trade unions and their associations.

Trade union organizations at the interregional and territorial level can establish legal inspectorates to monitor compliance with labor legislation and technical inspections to monitor labor protection.

The right to monitor compliance with labor legislation and labor protection, trade unions is enshrined in the Federal Law "On trade unions, their rights and guarantees of activity."

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

Control over the observance of labor protection rules is carried out by the technical inspectorate, and over the labor legislation on wages and working hours - by the legal inspection. Trade union bodies exercise daily control over the observance of labor laws and labor protection rules.

Control of trade unions in the field of state and public supervision extends to all types of organizational and legal forms of ownership of organizations.

The rights of trade union inspectors and authorized persons for labor protection regulated by the current Labor Code, such as:

monitor the actions of the leader in compliance with labor laws;

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

take part in the investigation of industrial accidents and occupational diseases;

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

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

make demands on employers to suspend work in cases of immediate threat to the life and health of employees. As we can see, here the rights of trade union labor inspectors are the same as those of state labor inspectors, that is, of an authoritative nature;

send employers submissions on the elimination of identified labor offenses, which are mandatory for consideration;

to check the state of labor conditions and safety, fulfillment of employers' obligations stipulated by collective agreements and agreements;

take part as independent experts in the work of commissions for testing and commissioning of production facilities and means of production;

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

take part in the development of draft regulations on labor protection and coordinate them in the manner established by the Government of the Russian Federation;

apply to the relevant authorities with a requirement to bring to justice those guilty of violating labor laws, concealing the facts of accidents at work.

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

The principle of trade union control over observance of labor legislation. The right of trade unions to exercise control over the observance of labor legislation and other acts that contain labor law norms corresponds to the employer's obligation not to interfere with the implementation of trade union control in the forms established by law, as well as to the obligation of authorized state bodies to ensure conditions for the trade union to exercise control functions. The foregoing allows us to single out the following legally significant circumstances from the content of the principle under consideration:

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

) the employer's representatives have an obligation not to interfere with the implementation of trade union control over the observance of labor legislation in the established forms;

) that the authorized state bodies have a duty to ensure the implementation of the right of trade unions to exercise trade union control over compliance with labor legislation.

Proof of each of the listed legally significant circumstances allows us to conclude that this principle is being observed.

Analyzing these rights of trade union labor inspectors and trade union proxies for labor protection, we see that the Labor Code (i.e., the Law, and not only the Regulation approved by the highest trade union body) gave them significant rights to exercise trade union control over compliance with labor laws and labor protection. And if trade unions more actively, than now, used these rights, then in practice there would be significantly less labor violations.

2 Participation of trade unions in judicial protection of labor rights of workers

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

The Federal Law "On Trade Unions, Their Rights and Guarantees of Activity" states that "in cases of violation of labor legislation, trade unions have the right, at the request of trade union members, other employees, and also on their own initiative, to file a statement in defense of their labor rights to the authorities, considering labor disputes ”.

All labor disputes according to their jurisdiction to one or another body can be divided into the following five groups:

considered in a general manner, when the labor dispute commission is an obligatory initial stage, after which the dispute can be submitted to the court;

considered directly in court;

considered in a higher authority in the cases established by the Federal Law for certain categories of workers (Art. 383 of the Labor Code);

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

collective labor disputes with a single jurisdiction, considered by conciliation commissions, mediator and labor arbitration.

In general terms, the labor dispute committee considers only disputes arising from labor legal relations, and even then not all. A different procedure is established by law for two categories of disputes: considered either directly in court (without consideration in a labor dispute commission), or only in a higher body.

The following labor disputes are considered directly in court:

at the request of the employee - about reinstatement at work, regardless of the grounds for terminating the employment contract, about changing the date and wording of the reason for dismissal, about transferring to another job, about payment for the time of forced absence, compensation for moral damage in connection with violation of his right to work or about payment of the difference in wages for the time of performance of unlawfully lower paid work;

disputes between employees of those organizations where a labor dispute commission is not created (for example, disputes between persons who have entered into labor contracts with military organizations; disputes between domestic workers; employees employed by an employer - natural person; disputes between workers of religious organizations), as well as claims of the employer for compensation by the worker for damage caused to the organization; disputes about unjustified refusal to hire: a person invited to work by transferring from another enterprise, institution, organization; a young specialist sent after graduation in the manner prescribed by the contract; another person with whom the employer, in accordance with the law, is obliged to conclude employment contract (directed by quota); a pregnant woman or a woman with children under the age of three, a single mother (father) with children under 14 years of age (a disabled child under 18) for reasons related to these circumstances; a person who believes that he has been discriminated against in labor;

disputes on compensation for damage caused by an employee of the organization - at the suit of the employer. If the administration has withheld from the employee's salary amounts in compensation for damage, and the employee considers it illegal, then the dispute will already be about illegal withholding and will be subordinate to the labor dispute commission;

disputes about collective financial liability, about compensation by the employer for moral damage caused to the employee in connection with his labor injury or other damage to health at work, when the employee does not agree with the employer's decision about this or did not receive the employer's response to his application within the established 10-day period ... There is no statute of limitations for these moral damages disputes.

Higher bodies (higher administration) are obliged to consider any complaints received from employees about the actions of lower bodies, including those on labor disputes subordinate to the labor dispute commission and the court. However, federal laws establish that the higher authority considers labor disputes if a civil servant has contacted it with a dispute, as well as disputes between judges, prosecutors, their deputies and assistants on dismissal issues, changing the date and wording of the reason for dismissal, transfer to another job, payment of the forced absenteeism or performance of lower-paid work and the imposition of disciplinary action. All labor disputes of civil servants are considered by the higher administration or the court of the employee's choice.

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

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

The competence and authority of the court in the field of labor disputes is determined not only by the range of disputes within the jurisdiction of the court, but also by the fact that when considering a dispute, the court may, on its own initiative, bring to the side of the defendant a third party guilty of gross violation of labor laws. If, during the consideration of the case, the court establishes the wrong actions of officials, testifying to a gross violation of labor legislation by them, it must, in accordance with Art. 226 of the Civil Procedure Code of the Russian Federation, to make a private ruling to bring the guilty leaders to disciplinary, and in appropriate cases - to criminal liability. These particular rulings are sent to the appropriate authority, which must inform the court about the measures taken within a month.

When accepting an application for a labor dispute, the judge alone decides whether to accept or refuse to accept the application for consideration in accordance with Art. 133-134 of the Civil Procedure Code of the Russian Federation.

The law establishes the following statute of limitations for filing a labor dispute in court:

for other labor disputes - three months from the day when the employee learned or should have learned about the violation of his rights;

upon the claim of the employer to the employee for compensation for material damage caused by him to the organization - one year from the date of discovery of the damage;

for disputes that were considered in the labor dispute commission - 10 days, calculated from the date of delivery of a copy of the commission's decision. This term is procedural, not statute of limitations. Its expiration does not entail a refusal of the claim (if it is missed for unjustifiable reasons), as is the case when the claim period is missed, but the enforcement of the decision of the labor dispute committee in a compulsory manner, if it is not executed voluntarily. The 10-day period is procedural also because it determines the movement of the process in a labor dispute, and not the right to a claim itself, as is the case with the statute of limitations.

The refusal of a judge to accept an application based on the expiration of the limitation period is illegal. The issue of missing the statute of limitations should be decided in court when considering the dispute. The law does not define what reasons are considered valid for the restoration of the statute of limitations. This is decided by the court itself.

If the reasons for missing the statute of limitations are recognized as valid, the violated right shall be protected.

Not only the employee concerned, the employer, but also the prosecutor and the trade union have the right to initiate proceedings in court.

Plaintiffs - employees and trade union bodies acting on their behalf in all labor cases are exempted from paying state duties and other court costs (Art. 89 of the Civil Procedure Code of the Russian Federation, Art. 393 of the Labor Code). If the employee's claim is upheld, then court costs, including state fees, are recovered from the defendant. If an employee is denied a claim, court costs are not recovered from either side.

In cases where the plaintiff is an organization, legal costs are recovered from it (in a dispute over the material liability of an employee).

An application filed with the court for the consideration of a labor dispute is not a complaint brought to a higher instance (overturning the decisions of a lower one). Therefore, the court cannot cancel, change or uphold the decision of the labor dispute committee; he decides on the merits.

Claims for reinstatement in work in the court of first instance are considered by judges individually, and in the cassation and supervisory instances - in the composition of the presiding judge and two judges.

The rest of the labor disputes are decided by the judge alone. With the consent of the parties to the dispute, the court may single-handedly decide cases of reinstatement at work.

The court resolves the labor dispute in accordance with the circumstances of the case and the law. In the decision, he indicates which claims, on what basis, in what amount and in relation to which respondent are subject to satisfaction or which are refused.

Only the plaintiff can change his claims in court, increase or decrease them, change the subject and grounds of the claim, and refuse the latter. If both the subject matter and the grounds of the claim change at the same time, then this leads to the filing of a completely new claim.

The resolution of the dispute in court may end in an amicable agreement. The court shall issue a ruling on the acceptance of the plaintiff's refusal of the claim in the labor case or on the approval of the amicable agreement of the disputing parties to the employment relationship, which simultaneously terminates the proceedings. The terms of the settlement agreement must not violate the law, labor rights of workers and the interests of the organization. In particular, the court must not approve an amicable agreement in the case of reinstatement at work, entailing, bypassing the law, releasing the guilty official from material liability for damage caused to the employer in connection with the payment of the forced absence from work. The decision to approve a settlement agreement or to refuse it is made by the court in the deliberation room after discussing the legality of the agreement.

The court, considering a labor dispute, resolves it on the basis of all available materials. At the same time, he is not bound by the previous decision of the labor dispute committee, although he is examining it to establish the truth in the case. The court may go beyond the requirements stated by the plaintiff if this follows from the grounds of the same claim. For example, the court may collect payment for forced absenteeism upon the reinstatement of an unlawfully dismissed person, although the plaintiff did not ask for this in the statement of claim.

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

Any party can appeal a court decision to a higher court within 10 days. At the same time, it may be contested by the prosecutor. Those who miss this deadline are deprived of the right to file a complaint. But with a good reason for missing the deadline, the court can restore it. A higher court in cassation has the right to uphold the court's decision in force, change or cancel it in whole or in part. Canceling a court decision, a higher court may transfer the case for a new consideration to the same court in a different or the same composition, or make a new decision on the merits of the dispute, or dismiss the case, or leave the claim without consideration. If the decision of the court is canceled on the basis of the cassation appeal, then the issue of the reverse recovery of the amounts paid in the order of rotation of execution shall be resolved by the court in all cases. This recovery is only carried out by a court decision.

Decisions, rulings and rulings of courts that have entered into legal force may be revised in the order of supervision on the basis of relevant protests. If the court decision is canceled by way of supervision, then from the worker who received certain amounts under this decision, these amounts will not be recovered back, except in cases where the court decision was based on forged documents or false information provided by the plaintiff. The Law of the Russian Federation of April 27, 1993 "On Appealing to the Court of Actions and Decisions Violating the Rights and Freedoms of Citizens" No. 4866-1 provided that a citizen can appeal to the court any collegial and individual decisions of bodies and officials that violate his rights and freedoms (consequently, in the world of work) or creating obstacles to their implementation, as well as if he is illegally assigned any obligation or he is illegally brought to any responsibility. This appeal can be either directly to the court within three months, or within a month after the citizen receives a written notification of the refusal by a higher body (official) to satisfy his complaint, or from the day of the expiration of one month after he lodged the complaint, if no response has been received. ... Such a complaint to the court is also possible in cases where a different procedure for judicial appeal is envisaged.

I will give an example of the practice of judicial protection of rights with the participation of the Trade Union in the arbitration court of Vladivostok Case No. A49-11162 / 2012-504 / 9 October 21, 2012

The Vladivostok Arbitration Court composed of Judge Kholkina M.N., while taking the minutes of the court session by the assistant judge I.A.Lavrova, having considered the case at the court hearing on the claim of the All-Russian Trade Union of workers of local industry and communal enterprises represented by the organization for the recovery 75 071 RUB 98 kopecks with the participation of: from the plaintiff: Nikitenko V.F. - a representative by power of attorney No. 19 dated November 18, 2012; Osipova N.M. - a representative by power of attorney No. 20 of 18.10.2012

The All-Russian Trade Union of Workers of the Local Industry and Public Utilities, represented by the regional organization, Vladivostok, filed a claim with the Arbitration Court of the Primorsky Territory against the Closed Joint Stock Company Metaplast Plant, settlement Kolyshley, Primorsky Territory, to recover the amount of 75071 rubles. 98 kopecks in the form of withheld from the employees of the closed joint-stock company plant "Metaplast" as of September 01, 2012 and not transferred to the plaintiff trade union dues.

The defendant's representative did not appear at the hearing, did not submit a response to the claim. The defendant was notified of the time and place of the trial in the prescribed manner. The failure of the respondent to appear does not preclude the consideration of the dispute.

Taking into account the opinion of the plaintiff, the arbitration court considers it possible to consider the dispute in the absence of the defendant on the materials available in the case in accordance with Parts 1 and 3 of Article 156 of the Arbitration Procedure Code of the Russian Federation.

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

Having examined the materials of the case, after hearing the explanations of the plaintiff, the Arbitration Court of the Penza Region established:

The defendant - closed joint-stock company plant "Metaplast" - on the basis of written statements of its employees - members of the trade union, monthly withheld from the wages of these workers trade union dues in the amount of 1% of the amounts charged to the issue.

In accordance with clause 3 of article 28 of the Federal Law of the Russian Federation of January 12, 1996 No. 10-FZ "On trade unions, their rights and guarantees of activity", article 377 of the Labor Code of the Russian Federation, in the presence of written statements of employees who are members of the trade union, the employer is obliged monthly, free of charge, transfer the amounts of contributions withheld from the wages of employees to the account of the trade union organization. In this case, the employer does not have the right to delay the transfer of these funds.

This obligation was not fulfilled by the defendant. So, the defendant until now unreasonably withholds the amount of trade union dues in the amount of RUB 75071. 98 kopecks., As of September 01, 2012, which is confirmed by a bilateral act of reconciliation of the debt of the plaintiff and the defendant as of September 01, 2012 and the plaintiff at the hearing.

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

Considering that the court established the fact of unjustified withholding by the defendant of trade union dues, the amount of which is confirmed by the case materials, the claims by the defendant were not contested, the arbitration court considers that the claim of the plaintiff must be satisfied in full, in the amount of 75071 rubles. 98 kopecks in accordance with article 1102 of the Civil Code of the Russian Federation.

According to Article 110 of the Arbitration Procedure Code of the Russian Federation, the costs of the state fee on the claim are attributed to the defendant.

Guided by Articles 110, 167-170 of the Arbitration Procedure Code of the Russian Federation, the arbitration court made a decision.

The claims of the All-Russian Trade Union of workers of the local industry and public utilities, represented by the organization, must be satisfied in full, the costs of the state duty must be attributed to the defendant.

Collect from the closed joint-stock company the plant "Metaplast", an urban-type settlement. Kolyshley in favor of the All-Russian trade union of workers of local industry and communal enterprises represented by the organization, Vladivostok, trade union fees in the amount of 75071 rubles. 98 kopecks., Withheld from the wages of employees, as well as the costs of the state fee in the amount of 2751 rubles. 16 kopecks. The decision of the arbitration court can be appealed within a month to the appeal instance of the arbitration court of the Primorsky Territory.

It follows from the example that the final act of settling the arisen labor disputes is the actual execution of the decisions of the bodies that considered these disputes.

The decision is considered executed when its instructions are actually fulfilled: the entire awarded amount has been paid to the plaintiff, the plaintiff has been reinstated, the wording of the reasons for dismissal has been changed, etc. Decisions on labor disputes, as a rule, are executed voluntarily. Otherwise, the law establishes a compulsory procedure for their execution. In all cases, enforcement proceedings are compulsorily initiated, as a rule, at the request of the plaintiff - the employee concerned. But it can also be initiated on the initiative of the prosecutor or a trade union body.

The court decision is carried out upon its entry into legal force, except in cases of immediate execution.

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

A trade union can be a so-called procedural plaintiff - in protecting the interests of specific members of a trade union, or, as a representative, act as a defender of an indefinite circle of persons.

Therefore, it makes sense to collect statements from members of the trade union about their consent to defend their interests in court and, on their own behalf, to file claims in court for the provision of specific rights and benefits to specific members of the trade union in accordance with the collective agreement. The number of applications should correspond to the number of union members who have expressed a desire to defend their interests in court.

Conclusion

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

The main function of trade unions is to represent and protect the rights and interests of workers in the world of work. This function has found legal confirmation in Art. 352 of the Labor Code of the Russian Federation of December 30, 2001 No.

Trade unions fulfill their protective function by negotiating with associations of employers, the Government of the Russian Federation, executive authorities of the constituent entities of the Federation, local self-government bodies, seeking through the system of social partnership to establish a fair cost of labor in the labor market, create working conditions that meet the requirements of safety and hygiene, social guarantees for persons in need of special care of the state. Trade unions monitor compliance with labor laws.

Trade unions protect the employee's right to work in conditions that meet labor protection requirements in the process of adopting regulations, in collective bargaining, in concluding agreements and collective agreements, monitoring compliance with labor protection legislation, participating in the resolution of labor disputes.

Certification of workplaces for their compliance with labor protection requirements is of great importance for protecting the right of workers to working conditions that meet labor protection requirements. The opinion about the mandatory attachment to the employment contract of the attestation passport of the workplace is supported in relation to work with harmful and dangerous working conditions.

Creation of working conditions, meeting the requirements labor protection, requires considerable financial resources. According to the author, it is necessary to strengthen the participation of the state in ensuring labor protection requirements both through the financing of labor protection measures, which is provided for in Part 1 of Art. 226 of the Labor Code, and through taxation. It is proposed to exempt part of the profit from tax, which is directed to improving labor safety, including measures provided for by agreements, collective agreements.

If necessary, the trade unions organize protest actions, strikes, meetings, processions, pickets, and carry out other collective actions.

Currently, trade unions need to fully use the right to legislative initiative at all levels, despite the difficulties of passing and considering their proposals in various instances. In the interests of the workers, they strive to be active in lawmaking on social issues, using their deliberative powers to carry out expertise and give comments on projects, to participate in working groups for their preparation.

It is important to note that in addition to the implementation of the direct control functions of trade union bodies, the process of trade union control is indirectly implemented when the trade union bodies exercise other powers enshrined in Russian legislation. The most common here are representative procedures with the participation of trade union bodies and procedures for the participation of trade unions in collective measures to protect the labor rights of citizens.

In order to improve labor efficiency, strengthen the stability of labor relations, it is proposed to introduce a system of personnel movement at enterprises on a large scale. The legal instruments in this case should be collective and labor agreements.

The internationality of the economy today demands from the trade unions the development of new "layers" in their work, carrying out work outside the enterprise, the territory of the subject of the Russian Federation, national borders. The legal basis for the implementation of global social partnership must be protected by the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity."

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

Glossary

# P / n Concept Definition 1 Trade union is a voluntary public association of people connected by common interests by the nature of their activities, in production, in the service sector, culture, etc. 2 Protection of labor rights is ensuring the observance of labor rights, restoration of illegally violated rights and the establishment of real effective responsibility by labor legislation and the actions of the relevant authorities employers and their representatives (administration) for violation of labor legislation, its failure to comply, that is, for violation of the labor rights of workers.3 The state is a power-political organization with sovereignty, a special administrative and coercive apparatus and establishing the legal order in a certain territory4law in the labor sphere full implementation of the prescriptions of labor legislation by all subjects of labor law5 Social partnership is a system of relationships between employees (employees' representatives) and employers (representatives employers), state authorities, local self-government bodies, aimed at ensuring the coordination of the interests of employees and employers on the regulation of public relations that are part of the subject of labor law 6 Labor contract in labor law, an agreement between an employee and an employer, establishes their mutual rights and obligations. 7 Collective contract is a legal act regulating social and labor relations in an organization or with an individual entrepreneur and concluded by employees and the employer in the person of their representatives labor relations with the employee.

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List of abbreviations

ILO - International Organization Labor

RF - Russian Federation

Labor Code of the Russian Federation - Labor Code of the Russian Federation

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

USSR - Union of Soviet Socialist Republics

FZ - Federal Law

Judicial protection.

In self-defense

about refusal to hire;

to court

Supervision and control over the observance of labor legislation.

Supervision and control over the observance of labor legislation are types of protective activities of state bodies and public organizations aimed at ensuring the labor rights of citizens and suppressing violations of labor legislation.

Oversight is the activity of government agencies to ensure accurate, consistent and uniform enforcement of laws.

Control - checking the compliance of the employer's activities with the requirements of regulatory enactments. The distinction between supervisory and control activities is made according to the competence and functions of control and supervisory bodies, as well as on the methods of work and the implementation of the orders of supervisory and control bodies.

Differences:

Supervision is the activity of government agencies to enforce the strict strict observance of laws, and control is an integral part of management activities, the essence of which is to verify the compliance of the activities of controlled objects at enterprises, to the regulations of the legal regulation, to correct and apply sanctions to the perpetrators.

Protection of labor rights of workers by trade unions.

Trade union - a voluntary public association of citizens bound by common industrial, professional interests by the nature of their activities, created in order to represent and protect their social and labor rights and interests.

Trade unions are independent in their activities from executive authorities, local self-government, employers, their associations, political parties and other public associations, and are not accountable and not under their control.

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

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

Trade union labor inspectors have the right to:

To freely visit organizations, regardless of their organizational and legal forms and forms of ownership, in which members of this trade union or trade unions that are part of the association work;

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

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

Inspect the condition of labor conditions and safety, fulfillment of employers' obligations under collective agreements and agreements;

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

Take part in the investigation of industrial accidents and occupational diseases.

Trade unions, in the exercise of their powers, interact with state bodies for supervision and control over the observance of labor legislation. Labor protection officials of trade unions have the right to freely check compliance with labor protection requirements in organizations and make proposals, binding on officials for consideration, to eliminate identified violations of labor protection requirements.

Formations and competence of labor dispute commissions (CCC).

Section 384... Formation of labor dispute commissions.

Labor dispute commissions are formed on the initiative of employees and (or) the employer (organization, individual entrepreneur) from an equal number of representatives of employees and the employer. The employer and the representative body of employees who have received a proposal in writing to establish a commission on labor disputes are obliged to send their representatives to the commission within ten days (part one as amended by Federal Law of 30.06.2006 N 90-FZ).

Representatives of the employer to the labor dispute commission are appointed by the head of the organization, the employer is an individual entrepreneur. Employee representatives to the labor dispute commission are elected by the general meeting (conference) of employees or delegated by the employee representative body with subsequent approval for general meeting (conferences) of employees (part two as amended by Federal Law of 30.06.2006 N 90-FZ).

By decision of the general meeting of employees, labor dispute commissions may be formed in the structural divisions of the organization. These commissions are formed and operate on the same basis as the labor dispute commissions of the organization. In labor dispute commissions structural units organizations can consider individual labor disputes within the powers of these divisions.

The Labor Dispute Commission has its own seal. Organizational and technical support for the activities of the labor dispute commission is carried out by the employer.

The Labor Disputes Commission elects from among its members the chairman, deputy chairman and secretary of the commission.

Section 385... Competence of the Labor Dispute Commission.

The Labor Disputes Commission is the body for the consideration of individual labor disputes, with the exception of disputes for which a different procedure for their consideration is established by this Code and other federal laws.

An individual labor dispute is considered by the labor dispute committee if the employee, independently or with the participation of his representative, has not settled the disagreement in direct negotiations with the employer.

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

Everyone has the right to defend their labor rights and freedoms in all ways not prohibited by law.

The main ways to protect labor rights and freedoms are: (Article 352 of the Labor Code)

Self-defense by employees of labor rights;

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

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

Judicial protection.

In self-defense of labor rights, an employee can refuse to perform work that is not provided for by an employment contract, as well as directly threatening his life and health. At the time of refusal from the specified work, the employee retains all the rights provided for by labor legislation and other acts containing labor law norms.

In the event of a delay in the payment of wages for more than 15 days, the employee has the right to suspend work for the entire period until the payment of the delayed amount. It should be borne in mind that the employee is obliged to notify the employer or his immediate supervisor in writing about the refusal to perform work or about the suspension of work.

Suspension of work is not allowed: during periods of introduction of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency; in bodies and organizations for rescue, search and rescue, fire-fighting, work on the prevention or elimination of natural disasters and emergencies, in law enforcement agencies; civil servants; in organizations directly serving highly hazardous types of industries, equipment;

In accordance with Art. 380 of the Labor Code of the Russian Federation, the employer, representatives of the employer have no right to prevent employees from exercising self-protection of labor rights.

To protect their labor rights and legitimate interests, to resolve individual labor disputes employees have the right to apply to trade unions (if any) and the State Labor Inspectorate.

on reinstatement at work, regardless of the grounds for terminating the employment contract; on changing the date and wording of the reason for dismissal;

about refusal to hire;

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

In accordance with Article 392 of the Labor Code of the Russian Federation, an employee has the right to apply to court within three months from the day when he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the date of delivery of a copy of the dismissal order to him or from the date of issue work book.

The term for going to court, missed for valid reasons, may be restored by the court. However, in the absence good reason missing the deadline for going to court is the basis for refusing to satisfy the employee's claims. The employee's statement of claim to the labor court is not subject to state duties.

The legislator assigns to trade unions a special role in the exercise of their functions of protecting labor rights and legitimate interests of employees.

As one of the most important powers of trade unions, the legislator names the right to monitor compliance by employers and their representatives with labor legislation and other regulatory legal acts containing labor law norms, their compliance with the terms of collective agreements and agreements. This seems to be quite justified. At present, most violations of workers 'rights are allowed due to the lack of effective mechanisms to protect workers' labor rights.

Trade unions occupy a special place in the system of bodies for supervision and control over the observance of labor legislation. Unlike state inspectorates and prosecution bodies, which are unable to exercise sufficiently effective and systematic supervision over compliance with legislation in the social and labor sphere, trade unions carry out activities on a daily basis to represent and protect the interests of employees, have the opportunity to promptly consult with employers, explain to employees what they have their rights and the respective obligations of the employer.

The advantage of trade unions lies in the fact that they are always close to the employee and can and should promptly respond to what is happening in the organization, using all the means and methods provided by law, and above all the right to exercise trade union control.

It seems that the norms of the Labor Code of the Russian Federation should strengthen the legal positions of trade unions in the field of trade union control.

It should be noted that the Law on Trade Unions also enshrines the right of trade unions to exercise trade union control over the observance of employers and officials of labor legislation.

So, Art. 19 of the Law on Trade Unions establishes that trade unions have the right to exercise trade union control over the observance of employers, officials of labor legislation, including on issues of an employment agreement (contract), working hours and rest time, wages, guarantees and compensation, benefits and benefits, as well as on other social and labor issues in the organizations in which the members of this trade union work, and have the right to demand the elimination of the violations found.

The Labor Code of the Russian Federation grants trade unions the right to control not only compliance with labor legislation, but also compliance with all other regulatory legal acts (including local ones) containing labor law norms.

Until the early 1990s. the trade unions were legal and technical inspection of trade unionsexercising both state and trade union supervision and control over compliance with labor legislation and labor protection. These inspections possessed state and power powers and had the right to impose administrative fines, suspend the operation of individual machines, mechanisms, workshops, enterprises, etc.

With the creation of the Federal Labor Inspectorate as a centralized system of state bodies exercising federal state supervision and control over the observance of labor and labor protection legislation by all organizations and individuals to whom this legislation applies, trade unions have lost the right to exercise state supervision and control.

This decision seems to be quite justified. Trade unions are a public organization, and in this regard, it is not entirely appropriate to entrust them with the functions of state bodies, especially those related to the application of administrative penalties.

The current legislation provides trade unions the right to create your own labor inspectorates, which are vested with the powers provided for by the regulations approved by the trade unions.

Attention is drawn to the fact that the legislator again returned to the names "technical" and "legal" inspections of trade unions. It seems that these concepts, which have developed over the long-term practice of exercising control powers by trade unions, are fully consistent with the tasks and functions that these bodies are endowed with.

The legislation defines the main issues of trade union control: labor contract, working hours and rest time, wages, guarantees and compensations, provision of benefits and benefits, etc.

In addition, trade unions have the right to monitor the state of labor protection and the environment through their bodies, authorized (trusted) persons for labor protection, as well as their own labor protection inspectorates, acting on the basis of provisions approved by the trade unions. For these purposes, they have the right to freely visit organizations, regardless of their form of ownership and subordination, their structural divisions, workplaces where members of this trade union work, participate in the investigation of accidents at work (work), protect the rights and interests of trade union members on labor conditions and safety at work (work), compensation for harm caused to their health at work (work), as well as on other issues of labor and environmental protection in accordance with federal legislation.

As you can see, the above list is not exhaustive, which provides trade unions with the opportunity to expand their areas of control and look for new ways and means of representing and protecting the labor rights of their members.

Employers, officials, in turn, are obliged to inform the trade union about the results of its consideration and the measures taken within a week from the date of receipt of the request to eliminate the identified violations.

The legislator emphasizes the right of trade unions to monitor the implementation by employers and their representatives of the terms of collective agreements and contracts. This right corresponds with the provision of Art. 13 of the Law on Trade Unions, according to which primary trade union organizations, trade unions, their associations (associations) have the right to exercise trade union control over the implementation of collective agreements and agreements.

In case of violation by employers, their associations (unions, associations), executive bodies and local self-government bodies of the terms of the collective agreement, agreements, the primary trade union organizations, trade unions, associations (associations) of trade unions and their bodies have the right to send them a submission on the elimination of these violations, which is reviewed within a week. In case of refusal to eliminate these violations or failure to reach an agreement within the specified period, the disagreements are considered in accordance with federal law.

The Law on Trade Unions establishes that in order to exercise trade union control over the observance of labor legislation and other normative legal acts containing labor law norms, the fulfillment of the conditions of collective agreements, agreements, trade unions have the right to create their own labor inspectorates, which are vested with the powers provided for by the provisions approved by the trade unions.

All-Russian trade unions and their associations, interregional and also territorial associations of trade unions have the right to create trade union inspections.

Article 3 of the Law on Trade Unions defines:

• - an all-Russian trade union as a voluntary association of trade union members - employees of one or several branches of activity connected by common social, labor and professional interests, acting throughout the territory of the Russian Federation or in the territories of more than half of the constituent entities of the Russian Federation, or uniting at least half of the total number of employees in one or several branches of activity ;
• - the all-Russian association (association) of trade unions as a voluntary association of all-Russian trade unions, territorial associations (associations) of trade union organizations, operating throughout the territory of the Russian Federation or in the territories of more than half of the subjects of the Russian Federation;
• - an interregional association (association) of trade union organizations as a voluntary association of interregional trade unions and (or) territorial associations (associations) of trade union organizations operating in the territories of less than half of the subjects of the Russian Federation;
• - a territorial association (association) of trade union organizations as a voluntary association of trade union organizations, operating, as a rule, on the territory of one constituent entity of the Russian Federation or on the territory of a city or district.

As the main powers of trade union labor inspectorates, the legislator names the right:

• - freely visit any employers (organizations, regardless of their organizational and legal form and form of ownership, as well as employers - individuals);
• - to monitor compliance with the legislation of the Russian Federation on labor and legislation on trade unions, as well as other regulatory legal acts containing labor law;
• - to carry out an independent examination of the working conditions and safety of the employees of this employer;
• - take part in the investigation of industrial accidents and occupational diseases;
• - receive information from managers and other officials and individual entrepreneurs on the state of working conditions and safety, as well as on all industrial accidents and occupational diseases;
• - protect the rights and interests of members of the trade union on the issues of compensation for harm caused to their health at work (work);
• - make demands on employers to suspend work in cases of immediate threat to the life or health of employees;
• - send employers submissions on the elimination of identified violations of laws and other regulatory legal acts containing labor law norms that are mandatory for consideration;
• - to check the state of labor conditions and safety, fulfillment of employers' obligations stipulated by collective agreements and contracts;
• - take part in the work of commissions for testing and commissioning production facilities and means of production as independent experts;
• - take part in the consideration of labor disputes related to violation of labor protection legislation, obligations stipulated by collective agreements and agreements, as well as changes in working conditions;
• - take part in the development of laws and other normative legal acts containing labor law norms;
• - to take part in the development of draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments containing labor law;
• - apply to the relevant authorities with a requirement to bring to justice persons guilty of violating laws and other acts containing labor law norms, concealing the facts of accidents at work.

In accordance with the legislation, trade unions, their labor inspectorates, in the exercise of these powers, interact with state bodies for supervision and control over the observance of labor legislation, as this helps to coordinate efforts aimed at protecting the labor rights of workers and to bring those responsible to legal responsibility.

The creation by employers of various kinds of obstacles in the exercise by trade unions of their rights to monitor compliance by employers and their representatives with labor laws and regulations containing labor law norms will be recognized as contrary to the law, and the guilty officials will be held accountable as prescribed by law.

Materials for thought

Is the employer obligated to comply with the decision of the trade union legal inspector if he does not agree with the order issued?

In accordance with paragraph 1 of Art. 19 of the Law on Trade Unions, employers and other officials are obliged to inform the trade union of the results of its consideration and the measures taken within a week from the date of receipt of the request to eliminate the revealed violations. Since according to Art. 25 of the Labor Code of the Russian Federation, the employer and the trade union, as a representative of employees, are parties to social partnership, then they must interact with each other in order to develop a mutually acceptable solution. If the employer does not agree with the decision of the trade union legal inspector, he must send him his reasoned opinion in writing. Also, the employer can consult as part of the decision this issue (Article 27 of the Labor Code of the Russian Federation). Please note that according to par. 13 h. 6 art. 370 of the Labor Code of the Russian Federation, a trade union has the right to apply to the relevant authorities with a requirement to bring to justice those guilty of violating labor laws and other acts containing labor law, for example, in concealing the facts of accidents at work.

An important form of control over the observance of workers' rights is the definition in the Labor Code of the Russian Federation of a range of issues, for making decisions on which the employer takes into account the opinion of the trade union body, namely:

• - on the introduction and abolition of part-time work (Article 74);
• - on the involvement of employees in overtime work in cases not provided for by Part 2 of Art. 99 (art. 99);
• - determination of the list of positions of employees with irregular working hours (Article 101);
• - on the division of the working day into parts so that the total duration of the working time does not exceed the established duration daily work... This division is made by the employer on the basis of a local normative act, adopted taking into account the opinion of the elected trade union body of the day organization (Article 105);
• - on the determination of the procedure and conditions for the payment of additional remuneration to employees (with the exception of employees receiving a salary or official salary) for non-working holidays on which they were not involved in work (Article 112);
• - on attracting workers to work on non-working holidays in cases not provided for by Part 2 of Art. 113 (art. 113);
• - on the establishment, taking into account the production and financial capabilities of the employer, additional leaves for employees (Article 116);
• - on the approval of the vacation schedule (Article 123);
• - on the introduction of a system of remuneration and labor incentives, including an increase in remuneration for work at night, weekends and non-working holidays, overtime work (Article 135);
• - on the approval of the form of the pay slip (Article 136);
• - on the establishment of specific amounts of increased wages for workers employed in jobs with harmful and (or) dangerous and other special working conditions (Article 147);
• - on the establishment of specific additional payments for work on weekends and non-working holidays (Article 153);
• - on the establishment of specific amounts of wages at night (Article 154);
• - on the introduction and application of labor rationing systems (Art. 159);
• - on the adoption of local regulations providing for the introduction, replacement and revision of labor standards (Art. 162);
• - on the introduction of measures to prevent mass layoffs of workers (Article 180);
• - on the approval of the internal labor regulations (Article 190);
• - on the definition of the forms of training and additional professional education of workers, on the approval of the lists of necessary professions and specialties (Article 196);
• - on the approval of instructions on labor protection for employees (Article 212);
• - on the establishment of norms for the free issuance of special clothing, special footwear and other personal protective equipment to workers, which improve in comparison with model norms protection of workers from harmful and (or) hazardous factors available at workplaces, as well as special temperature conditions or pollution (Article 221);
• - on the approval of the procedure for applying the rotational method (Art. 297);
• - on increasing the duration of the watch up to three months (Art. 299);
• - on the approval of the work schedule for the watch (Article 301);
• - on the establishment of an allowance for the rotational work method (Article 302);
• - on the determination of the size, conditions and procedure for reimbursing the costs of travel and baggage transportation to the place of vacation use and back for persons working in organizations that are not related to budgetary spherelocated in the regions of the Far North and areas equated to them (Article 325);
• - on the determination of the amount, conditions and procedure for reimbursement of expenses related to relocation to persons working for employers not related to the budgetary sphere, located in the regions of the Far North and equivalent areas (Article 326).

It is noteworthy that in Art. 101, 135, 136, 147, 153, 154, 155, 162, 190, 196 of the Labor Code of the Russian Federation mentions the representative bodies of workers.

When applying these norms in practice, the question may arise as to whether the opinion of the relevant elected trade union body must be taken into account in the event that the law provides for a decision to be made taking into account the opinion of the representative body of workers, and vice versa.

In accordance with Art. 29 of the Labor Code of the Russian Federation, representatives of workers are: trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions, or other representatives elected by workers.

The law provides that employees who are not members of a trade union have the right to authorize the body of the primary trade union organization to represent their interests in relations with the employer (Article 30 of the Labor Code of the Russian Federation).

In the absence of a primary trade union organization in the organization, as well as in the presence of a trade union organization that unites less than half of the employees, at a general meeting (conference), employees can instruct the indicated trade union organization or another representative to represent their interests (Article 31 of the Labor Code of the Russian Federation).

In other words, the right to represent and protect the interests of employees in accordance with legislation and established practice is primarily vested in trade unions. In case of insufficient representation of the trade union (less than half of those working in the organization) or when an appropriate decision is made by workers who are not members of the trade union, elected representative bodies of workers are created.

International practice proceeds from the assumption that the rights of representative bodies - both trade union and non-union - are equal.

Based on this, the issue under consideration should be resolved as follows. In cases where, in accordance with the Labor Code of the Russian Federation, it is required to take into account the views of workers' representatives, appropriate consultations should be held with any representative, authorized workers - a trade union or other body elected by workers.

The correctness of this conclusion was also confirmed by the legislator, who indicated that the procedure for taking into account the opinions of the representative body of workers and the elected body of the primary trade union organization is the same and is determined by Art. 372 of the Labor Code of the Russian Federation.

In addition to the cases determined by the Labor Code of the Russian Federation, the collective agreement or local regulations, other issues may be established, in the solution of which it is necessary to take into account the opinion of the relevant trade union body.

In addition, Art. 8 of the Labor Code of the Russian Federation establishes: a collective agreement (agreement) may provide for the adoption of local regulations containing labor law, in agreement with the representative body of workers.

This means that cases can be identified when not taking into account the opinion, but the consent of the trade union for the adoption of a particular local normative act affecting the essential rights and interests of employees is required. The absence of such agreement entails the invalidity of the adopted act.

Article 372 of the Labor Code of the Russian Federation establishes the procedure for taking into account the opinions of the elected body of the primary trade union organization representing the interests of workers.

Historical excursion

The labor legislation that was in force before the adoption of the Labor Code of the Russian Federation did not determine the procedure for either obtaining consent or taking into account the opinion of the bodies of trade unions when the employer makes decisions that affect the essential interests of employees. An interesting situation has developed: while granting the trade unions the right to participate in making almost all decisions made by the employer, the legislator has not developed mechanisms for its implementation.

Taking advantage of the existing gap, trade unions could block the employer's decision-making, which impeded entrepreneurial activity, created obstacles for the owner to exercise the rights granted to him by law.

In fact, the union could reject any decision proposed by the employer, even without giving reasons for disagreeing with his actions. The employer did not even have the right to appeal against such a decision of the trade union. This decision in all cases had to be carried out.

The current situation prompted the employer to violate labor legislation and infringe on the rights of trade unions.

Taking into account this practice, the legislator currently regulates in detail the procedure for taking into account the opinion of the elected trade union body when adopting local regulations containing labor law norms.

First of all, it is legally established that not every decision made by the employer should be discussed with trade unions or other representative bodies of workers, but only the one that is directly named in the law or collective agreement.

In cases stipulated by law, the employer, before making a decision, sends a draft local normative act containing labor law norms and a justification for it to the elected body of the primary trade union organization, representing the interests of all or most of the employees of this employer.

Article 3 of the Law on Trade Unions defines a primary trade union organization as a voluntary association of trade union members working, as a rule, in one enterprise, in one institution, one organization, regardless of form of ownership and subordination, acting on the basis of a provision adopted by it in accordance with the charter, or based general position about the primary trade union organization of the respective trade union.

Elected body of the primary trade union organization(hereinafter referred to as the trade union body) is a body formed in accordance with the charter of a trade union, association (association) of trade unions or the statute on the primary trade union organization.

The procedure for taking into account the opinion of the trade union body provides not only for sending the relevant act to the representative body, but also for providing justification for the need to adopt both such an act and the provisions contained in it.

The trade union body, no later than five working days from the date of receipt of the draft of the specified local normative act, sends the employer a reasoned opinion on the draft in writing.

The trade union body is obliged to consider the employer's appeal collectively, observing the quorum necessary for making a decision. Otherwise, the decision of such a body may be recognized as illegitimate.

If it is necessary to clarify all significant circumstances, the elected trade union body has the right to discuss the employer's appeal with the participation of his representatives and specialists who developed the draft local normative act.

These persons can provide the explanations necessary for the trade union body to make a balanced and competent decision.

The legislator sets rather strict terms for consideration of the draft local normative act - five working days.

If the reasoned opinion of the trade union body does not contain agreement with the draft local normative act or contains proposals for its improvement, the employer may agree with it or is obliged to conduct additional consultations with the trade union body within three days after receiving a reasoned opinion in order to achieve a mutually acceptable solution.

The legislator obliges the trade union body to substantiate its position, to give a detailed opinion on the submitted local normative act.

This means that the trade union body must express in writing both its opinion and its reasoning.

When substantiating its opinion, the trade union body must refer to the provisions of the legislation, the collective agreement, local regulations already in force in the organization, the provisions of labor contracts concluded with employees, to the provisions of the General, industry tariff and other agreements, to the industry, prevailing in this area, localities and legal practices.

The lack of motivation can be regarded by the employer as evasion of the trade union body from coordinating positions, and he has the right to adopt a local act in the version that was proposed to the trade union body to obtain a reasoned opinion.

Further actions of the trade union body to appeal or revoke an unmotivated decision should be declared unlawful.

Proposals for improving the presented project should also be motivated.

It is the motivation for the decision of the trade union body that will become the subject of additional negotiations and consultations.

The resulting disagreements are formalized in a protocol, after which the employer has the right to adopt a local regulatory act containing labor law norms, which can be appealed to the relevant state labor inspectorate or to the court. In addition, the elected trade union body of workers has the right to initiate a collective labor dispute procedure in the manner prescribed by law.

Upon receipt of a complaint (application) from an elected trade union body, the State Labor Inspectorate is obliged to conduct an inspection within a month from the date of receipt of the complaint (application) and, if a violation is found, issue an order to the employer to cancel the specified local regulatory act, which is binding.

Such an order can be appealed by the employer in court, since only a court, in accordance with the Constitution of the Russian Federation and federal legislation, can conduct a full, comprehensive and objective examination of all the circumstances of the case, taking into account the positions and arguments of the parties, protecting their legal rights and interests.

The legislator directly extends the procedure for taking into account the opinion of the elected body of the primary trade union organization, established by Art. 372 of the Labor Code of the Russian Federation, in cases where the opinion of an elected representative body of workers is taken into account. So, for example, the internal labor regulations are approved by the employer, taking into account the opinion of the representative body of workers in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations (Article 190).

Such a decision, as already indicated, is extremely important, since it eliminates the inconsistency that existed earlier in the legislation, and enhances the legal protection of employees.

Article 82 of the Labor Code of the Russian Federation provides that in cases established by law, an employment contract with employees is terminated, taking into account the reasoned opinion of the elected body of the primary trade union organization upon termination of the employment contract on the initiative of the employer.

When deciding on the possible termination of an employment contract with an employee who is a member of a trade union, in accordance with paragraph 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation - termination of an employment contract at the initiative of the employer due to a reduction in the number or staff of employees; p. 3 h. 1 art. 81 of the Labor Code of the Russian Federation - termination of an employment contract on the initiative of the employer due to the employee's inadequacy for the position held or the work performed due to insufficient qualifications, confirmed by the results of certification; item 5 h. 1 art. 81 of the Labor Code of the Russian Federation - termination of an employment contract on the initiative of the employer due to repeated non-performance by the employee without good reason of his labor duties, if he has a disciplinary penalty, - the employer must send a draft order to the elected body of the primary trade union organization, as well as copies of documents that are the basis for making the specified decision ...

Article 372 of the Labor Code of the Russian Federation directly prescribes what documents must be submitted by the employer to the elected body of the primary trade union organization when deciding whether to take into account the opinion of the trade union body on the dismissal of an employee. This is a draft order of dismissal, as well as copies of documents that gave the employer grounds for making such a decision.

In case of termination of the employment contract under clause 2, h. 1, Art. 81 of the Labor Code of the Russian Federation, the employer is obliged to submit, in addition to the draft of the corresponding order, the following documents:

• - justification of the need for measures to reduce the number or staff of employees;
• - the staffing table in effect at the time of the decision to reduce the number or staff of employees;
• - a draft of a new staffing table;
• - a copy of the employee's written notification about the forthcoming reduction of his position;
• - a copy of the notification to the employment authorities;
• - evidence that the employee was explained his right to terminate the employment contract without warning of dismissal two months in advance with the simultaneous payment of additional compensation in the amount of two months' average earnings;
• - evidence that the employee was offered a transfer to other vacant positions in this organization, which the employee can take, taking into account his education, qualifications, work experience and health status;
• - proof of the absence of the employee's preemptive right to remain at work in accordance with Art. 179 of the Labor Code of the Russian Federation.

Upon termination of the employment contract in accordance with clause 3 of part 1 of Art. 81 of the Labor Code of the Russian Federation, the employer must submit to the elected trade union body:

• - regulations on certification;
• - attestation protocols;
• - evidence that the employee was offered a transfer to other vacant positions in this organization, which the employee can take taking into account his education, qualifications, work experience and health status.

It should be borne in mind that in accordance with Art. 82 of the Labor Code of the Russian Federation, a member of the commission from the elected body of the primary trade union organization must be included in the certification commission.

Upon termination of an employment contract under clause 5, h. 1, Art. 81 of the Labor Code of the Russian Federation, the employer must submit to the elected body of the primary trade union organization:

• - a copy of the draft dismissal order;
• - copies of orders to bring an employee to disciplinary responsibility;
• - copies of the employee's explanations;
• - copies of acts of refusal to provide an explanation;
• - Copies of documents documenting the fact that the employee has committed a disciplinary offense.

The elected body of the primary trade union organization, within seven working days from the date of receipt of the draft order and copies of documents, considers this issue and sends its reasoned opinion to the employer in writing.

In this case, an opinion that is not submitted within seven days, or an unmotivated opinion by the employer, is not taken into account.

If the elected body of the primary trade union organization has expressed disagreement with the proposed decision of the employer, within three working days it conducts additional consultations with the employer or his representative, the results of which are recorded in a protocol.

If, during such consultations, a mutually acceptable agreement was not reached by the parties, the employer, after 10 working days from the date of sending the draft order and copies of documents to the elected trade union body, has the right to make a final decision at its own discretion. This decision can be appealed to the relevant state labor inspectorate or to the court, i.e. an individual labor dispute arises, during the proceedings of which the court, having considered the case on the merits, will restore the violated right of the employee or leave the employer's decision in force (i.e., refuse the employee's claim for reinstatement at work).

The right to make the final decision on dismissal is given to the employer.

At the same time, when considering such cases, the courts will need to assess not only the correctness of the application of the rules of law, but also the motives of the elected trade union body, which insisted on making a different decision.

The State Labor Inspectorate, within 10 days from the date of receipt of the complaint (application), considers the issue of dismissal and, if it is recognized as illegal, issues the employer a binding order to reinstate the employee at work with payment for forced absenteeism.

In this case, the employer has the opportunity to appeal the order of the state labor inspectorate in court.

The provision of certain guarantees to employees who are members of the elected collegial bodies of trade union organizations and who are not released from their main job is based on the provisions of the ILO Convention No. 135 "On the Protection of the Rights of Employees 'Representatives in an Enterprise and the Opportunities Provided to them", 1971. In accordance with the provisions of the Convention, workers' representatives in the undertaking enjoy effective protection against any action that could prejudice them, including dismissal based on their status or activities as workers' representatives, or on their union membership, or their participation in union activities, to the extent that how they operate in accordance with legislation, or collective agreements, or other mutually agreed terms.

Employee representatives are provided with appropriate facilities within the enterprise to enable them to perform their functions quickly and efficiently.

The importance of the guarantees provided lies in the fact that trade union workers, by the nature of their activity, must confront the employer, explain to other workers their rights and obligations, and prevent infringement of the labor rights of workers. That is why employers strive in every possible way to get rid of uncomfortable trade union leaders in order to curtail the activities of the trade union organization, to reduce its activity to a minimum.

It should be noted that, in comparison with the legislation on trade unions in the Labor Code of the Russian Federation, the volume of guarantees provided to employees who are members of the elected collegial bodies of trade union organizations and who are not released from their main job is significantly reduced.

This was done in order to harmonize labor relations, based on the principles and norms laid down in the Constitution of the Russian Federation.

It should be borne in mind that the Constitutional Court of the Russian Federation, in its Resolution of January 24, 2002, No. 3-P, declared that it did not comply with the Constitution of the Russian Federation, its Art. 19 (h. 1 and 2), 34 (h. 1), 35 (h. 2), 37 (h. 1), 46 (h. 1) and 55 (h. 3), h. 2 art. 235 Labor Code and clause 3 of Art. 25 of the Law on Trade Unions to the extent that they allow, without the prior consent of the relevant elected trade union bodies, the dismissal of workers who are members of trade union bodies and who have not been released from their main job in the event that they commit disciplinary offenses, which, in accordance with the law, are grounds for termination from them an employment contract at the initiative of the employer.

On the same basis, by the Decision of the Constitutional Court of the Russian Federation of November 3, 2009 No. 1369-О-П on the complaint of the open joint-stock company "Shipbuilding plant" Lotos "" on violation of constitutional rights and freedoms by the provision of Part 1 of Art. 374 of the Labor Code of the Russian Federation, according to which dismissal is initiated by the employer in accordance with paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation of heads (their deputies) of elective collegial bodies of primary trade union organizations, elective collegial bodies of trade union organizations of structural divisions of organizations (not lower than shop and equated to them), who are not exempt from their main job, is allowed, in addition to the general procedure for dismissal only with the prior consent of the corresponding superior of an elected trade union body, recognized as inoperative and not subject to application as being similar to the previously recognized by the Constitutional Court of the Russian Federation not complying with the Constitution of the Russian Federation.

Thus, the rule on the need to obtain prior consent to the dismissal of an employee who is a member of trade union bodies and who is not released from his main job, in the event of repeated failure to fulfill his labor duties without good reason, provided for in Art. 374 of the Labor Code of the Russian Federation, should not be applied.

The Constitutional Court of the Russian Federation also checked for compliance with the Constitution of the Russian Federation, Part 1 of Art. 374 of the Labor Code of the Russian Federation, since it provides for the need to obtain the prior consent of the corresponding higher elected trade union body, and not to take into account the opinion, as is provided for ordinary workers.

The obligation of the state to provide these categories of citizens with adequate protection against any discriminatory actions aimed at infringing on the freedom of association of trade unions in the field of labor also follows from the provisions of Art. 2 and 3 of the ILO Convention No. 87 "On Freedom of Association and Protection of the Right to Organize" 1948, sub. "b" clause 2 of Art. 1 of the ILO Convention "On the Application of the Principles of the Right to Organize and the Imposition of Collective Agreements" 1949, Art. 1 and 2 of the ILO Convention No. 135 "On the Protection of the Rights of Employees' Representatives in the Enterprise and the Opportunities Provided to them" of 1971, as well as paragraph "a" of Art. 28 of the European Social Charter (revised) dated May 3, 1996, which was signed by the Russian Federation on September 14, 2000.

Within the meaning of the aforementioned constitutional provisions and norms of international law, the establishment by the legislator for employees who are members of trade union bodies (including their leaders) and who are not exempted from their main job, additional guarantees when they carry out trade union activities, as aimed at eliminating obstacles to such activities, should be considered as special measures of their social protection. Therefore, part 1 of Art. 374 of the Labor Code of the Russian Federation, which establishes as such a guarantee the obligation for the employer to obtain the prior consent of a higher elected trade union body to dismiss workers who are members of trade union bodies (including their leaders) and who are not released from their main job, its content is aimed at state protection against interference by the employer in carrying out trade union activities, including through the termination of labor legal relations. In fact, this rule establishes an absolute prohibition on the dismissal of the listed categories of trade union workers without implementing the special procedure for terminating an employment contract established in it.

An employer who considers it necessary in order to carry out effective economic activities of an organization to improve its organizational and staff structure by reducing the number or staff of employees, in order to obtain the consent of a higher elected trade union body to dismiss an employee who is the head (one hundred deputy) of an elected trade union collegial body and is not exempt from the main work, is obliged to provide reasoned evidence that the upcoming dismissal of such an employee is due precisely to the specified goals and is not associated with the implementation of his trade union activities.

If the higher trade union body refuses to consent to dismissal, the employer has the right to apply for recognition of it as unjustified to the court, which, when considering the case, finds out whether the number or staff of workers is actually being reduced (which is proved by the employer by comparing the old and new numbers or staff ), whether the intention of the employer to dismiss a particular employee is connected with a change in the organizational structure of the organization or with the trade union activity carried out by this employee. In this case, the relevant trade union body is obliged to provide the court with evidence that its refusal is based on objective circumstances confirming the persecution this employee on the part of the employer due to his trade union activities, i.e. dismissal is discriminatory. And only in the case of a court decision that satisfies the employer's demand, the employer has the right to issue a dismissal order.

The Constitutional Court of the Russian Federation determined that the norm of Part 1 of Art. 374 of the Labor Code of the Russian Federation, providing for dismissal at the initiative of the employer in accordance with paragraph 2 of Art. 81 of this Code of heads (their deputies) of the elected trade union collegial bodies of the organization, its structural subdivisions (not lower than the workshop and equated to them), who are not exempt from their main work, only with the prior consent of the higher trade union body, according to their constitutional and legal meaning and target purpose - is aimed at protecting the state of freedom of trade union activity and does not interfere with the judicial protection of the employer's rights to freedom of economic (entrepreneurial) activity in the event of the refusal of the relevant higher trade union body to give preliminary reasoned consent to the dismissal of such an employee.

The Labor Code of the Russian Federation provides that in the absence of a higher elected trade union body, the dismissal of these workers is carried out in compliance with the procedure established by Art. 373 of the Labor Code of the Russian Federation.

This provision is intended to streamline the position of trade union structures, since in the absence of vertical subordination within the trade union and the emergence of trade unions that do not have elected bodies at a higher level of the organization, the possibility of dismissing workers who are members of the elected bodies of such trade unions was difficult.

At the same time, this norm does not guarantee against unjustified dismissals and persecution for trade union activities of members of trade union committees of newly created trade unions, who have not yet managed to define themselves in the system and hierarchy of trade union structures and associations.

Part 3 of Art. 374 of the Labor Code of the Russian Federation reproduces clause 6 of Art. 25 of the Law on Trade Unions. It provides that members of elected trade union bodies who are not exempt from their main work in a given organization are exempt from it to participate as delegates to congresses and conferences convened by trade unions, as well as to participate in the work of their elected bodies. The terms of release from work and the procedure for paying for the time of participation in these events are determined by the collective agreement, agreement.

The collective agreement may provide for cases of exemption from work for members of elected collegial bodies of trade union organizations who are not released from their main job for the duration of short-term trade union studies.

Trade union workers released from work in an organization as a result of being elected (delegated) to elective positions in trade union bodies are provided after the expiration of their term of office with the previous job (position), and in its absence - another equivalent job (position) in the same organization.

If it is impossible to provide the relevant job (position) at the previous place of work in the event of reorganization of the organization, the employer or his successor, and in the event of liquidation of the organization or the termination of activities by the employer - individual entrepreneur, the trade union retains for the released trade union worker his average earnings for the period of employment, but not more than six months, and in the case of education - for up to one year.

The working hours of freed trade union workers elected (delegated) to trade union bodies are counted by them in the general and special length of service.

The released trade union workers elected (delegated) to the body of the primary trade union organization have the same social and labor rights and benefits as other employees of the organization, in accordance with the collective agreement and agreement.

Trade union charters also provide for the possibility of legal and social protection of elected trade union workers. So, the Charter of the trade union of healthcare workers of the Russian Federation provides that the central, territorial committees (councils) of the trade union, the primary organizations of the trade union in all legal forms and methods provide legal and social protection of members of elected trade union organizations in cases of unjustified dismissal, demotion, transfer to another job, superimposing disciplinary action and material disadvantage, persistent deterioration in health and retirement.

If it is impossible for a freed trade union worker to find employment after the expiration of his term of office at the previous place of work, as well as in the event of the liquidation of the organization, the trade union, by decision of the higher body of the trade union, retains the employee's average earnings for the period of employment, study or retraining, and may pay full or partial compensation equal to the wages received, for a period not exceeding one year.

The charter of the trade union of machine builders of the Russian Federation stipulates that members of elected trade union bodies released from production work, at the end of their elective powers, are provided with cash benefits from the funds of the relevant trade union body for the period of employment (but not more than six months) on the basis of the relevant provisions approved by this trade union organization.

Higher trade union bodies promote their employment in accordance with the law and retraining in order to restore their professional qualifications.

The charter of the All-Russian Electro-Trade Union public association establishes that in order to provide additional measures of social protection for members of elected bodies, all-Russian and territorial social protection funds can be created.

The funding of these funds is carried out at the expense of earmarked contributions, the amount of which for the All-Russian fund is determined by the decision of the All-Russian Committee, for territorial funds - by the decision of the territorial committee of the trade union.

The All-Russian Committee and the territorial committees of the trade union approve the regulations on the respective funds.

The employer is obliged to provide the trade unions with premises free of charge for holding meetings and storing documents. The possibility of posting information about the activities of the trade union in a place accessible to all employees should be provided free of charge.

In addition, if the number of employees exceeds 100 people, the employer provides at least one equipped premises for the use of the elected trade union bodies operating in the organization.

These provisions are supplemented by the provisions of the Trade Union Law, Art. 28 of which provides for the provision to trade unions operating in organizations for free use of equipment, premises, vehicle and means of communication, if it is stipulated in the collective agreement (agreement).

The collective agreement may provide for a condition on the transfer to the trade union for free use of buildings, structures, premises and other objects on the balance of the employer or leased by him, as well as recreation centers, sports and health centers necessary for organizing recreation, conducting cultural and educational, physical culture and health-improving work with employees and their families.

The list of objects and the procedure for using them are determined by the collective agreement, agreement.

The Labor Code of the Russian Federation explicitly states that trade unions are not entitled to set a payment for the use of such facilities for workers who are not members of a trade union, higher than that established for workers who are members of this trade union.

In this case, maintenance, repairs, heating, lighting, cleaning, security, as well as the equipment of these facilities are carried out by the employer, unless otherwise provided by the collective agreement or agreement.

The amount of deductions to the trade union of funds for carrying out social, cultural and other work in the organization are determined in the manner and on the conditions established by federal legislation, the legislation of the constituent entities of the Russian Federation, a collective agreement, an agreement.

This provision imposes additional responsibility on trade unions in the conduct of collective bargaining work, since the types of social and cultural events held by the trade union and the amount of funds allocated for these purposes by the employer are determined in the collective agreement or agreement.

In the presence of written applications of workers who are members of the trade union, the employer monthly and free of charge transfers to the account of the trade union membership fee from the wages of employees in accordance with the collective agreement, agreement.

The legislation establishes judicial protection of the rights of trade unions. This means that any violated right of the trade union can and must be restored in court.

Officials of state bodies, local self-government bodies, employers and their associations, their representatives and other officials may bear responsibility for violations of the rights and guarantees of the activities of trade unions.

Cases of violations of the rights of trade unions are considered by the court on the basis of an application from the prosecutor or on a statement of claim or a complaint from the relevant body of the trade union, the primary trade union organization.

The legislation establishes a range of subjects subject to responsibility for violation of trade union rights. These can be officials of state bodies, local self-government bodies, employers, officials of their associations (unions, associations).

It seems that when it comes to employers responsible for violation of trade union rights, we mean not only managers, but also any other officials of the organization. This conclusion is confirmed by the provisions of the Law on Trade Unions, Art. 30 of which provides that the employer is obliged to terminate the employment contract with the official if he violates the legislation on trade unions, does not fulfill his obligations under the collective agreement, agreement.

The legislation establishes three types of legal liability: disciplinary, administrative and criminal.

Disciplinary responsibility is provided for by the Labor Code of the Russian Federation. The following types of disciplinary action can be applied for a disciplinary offense: reprimand, reprimand, and dismissal. The procedure for bringing an employee to disciplinary responsibility is established by Art. 193 of the Labor Code of the Russian Federation.

Article 5.27 of the Code of Administrative Offenses of the Russian Federation provides that violation of labor legislation and labor protection legislation entails the imposition of an administrative fine on officials in the amount of 1 to 5 thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from 1 to 5 thousand rubles. or administrative suspension of activities for up to 90 days; for legal entities - from 30 to 50 thousand rubles. or administrative suspension of activities for up to 90 days.

Violation of labor and labor protection legislation by an official previously subjected to administrative punishment for a similar administrative offense shall entail disqualification for a period of one to three years.

Disqualification consists in depriving an individual of the right to hold managerial positions in the executive management body of a legal entity, to be a member of the board of directors (supervisory board), to carry out entrepreneurial activities in managing a legal entity, and also to manage a legal entity in other cases provided for by the legislation of the Russian Federation. An administrative penalty in the form of disqualification is imposed by a judge.

There is no criminal liability for violation of the rights of trade unions of the Criminal Code of the Russian Federation.

• From January 1, 2015, in accordance with Federal Law No. 421-FZ dated December 28, 2013, Art. 5.27 will be valid in new edition , and also a new Art. 5.27.1. "Article 5.27. Violation of labor legislation and other normative legal acts containing labor law norms 1. Violation of labor legislation and other normative legal acts containing labor law norms, unless otherwise provided by parts 2 and 3 of this article and article 5.27.1 of this Code - entails a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; on persons engaged in entrepreneurial activities without forming a legal entity - from one thousand to five thousand rubles; on legal entities - from thirty thousand to fifty thousand rubles 2. Actual admission to work by a person not authorized by the employer, if the employer or his authorized representative refuses to recognize the relationship that has arisen between the person actually admitted to work and this employer, labor relations (does not conclude with a person actually admitted to work, labor th contract), - shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand rubles; for officials - from ten thousand to twenty thousand rubles. 3. Evasion of registration or improper execution of an employment contract or the conclusion of a civil law contract that actually regulates labor relations between the employee and the employer - entails the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; for persons engaged in entrepreneurial activity without forming a legal entity - from five thousand to ten thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles. 4. The commission of an administrative offense provided for in part 1 of this article by a person previously subjected to administrative punishment for a similar administrative offense - shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles or disqualification for a period of one to three years ; for persons engaged in entrepreneurial activity without forming a legal entity - from ten thousand to twenty thousand rubles; for legal entities - from fifty thousand to seventy thousand rubles. 5. The commission of the administrative offenses provided for by part 2 or 3 of this article by a person previously subjected to administrative punishment for a similar administrative offense - shall entail the imposition of an administrative fine on citizens in the amount of five thousand rubles; for officials - disqualification for a period of one to three years; for persons engaged in entrepreneurial activity without forming a legal entity - from thirty thousand to forty thousand rubles; for legal entities - from one hundred thousand to two hundred thousand rubles. Article 5.27.1. Violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation 1. Violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation, with the exception of cases provided for by parts 2-4 of this article - entails a warning or the imposition of an administrative fine on officials in the amount of two thousand to five thousand rubles; for persons engaged in entrepreneurial activity without forming a legal entity - from two thousand to five thousand rubles; for legal entities - from fifty thousand to eighty thousand rubles. 2. Violation by the employer of the established procedure for conducting a special assessment of working conditions at workplaces or its failure - entails a warning or the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles; for persons engaged in entrepreneurial activity without forming a legal entity - from five thousand to ten thousand rubles; for legal entities from sixty thousand to eighty thousand rubles. 3. The admission of an employee to the performance of his labor duties without undergoing training and testing knowledge of labor protection requirements in the prescribed manner, as well as mandatory preliminary (upon admission to work) and periodic (during labor activity) medical examinations, obligatory medical examinations at the beginning of the working day (shift), obligatory psychiatric examinations or in the presence of medical contraindications - shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty-five thousand rubles; for persons engaged in entrepreneurial activity without forming a legal entity - from fifteen thousand to twenty-five thousand rubles; for legal entities - from one hundred ten thousand to one hundred thirty thousand rubles. 4. Failure to provide employees with personal protective equipment - shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand rubles; for persons engaged in entrepreneurial activity without forming a legal entity - from twenty thousand to thirty thousand rubles; for legal entities - from one hundred thirty thousand to one hundred and fifty thousand rubles. 5. Committing the administrative offenses provided for in parts 1-4 of this article by a person previously subjected to administrative punishment for a similar administrative offense - shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to forty thousand rubles or disqualification for a period of one year to three years; for persons engaged in entrepreneurial activities without forming a legal entity - from thirty thousand to forty thousand rubles or administrative suspension of activities for up to ninety days; for legal entities - from one hundred thousand to two hundred thousand rubles or administrative suspension of activities for up to ninety days. Note. Personal protective equipment in part 4 of this article should be understood as personal protective equipment classified technical regulations Of the Customs Union "On the safety of personal protective equipment" to class 2 depending on the degree of risk of harm to the employee. "

10 Labor relations, its subjects and content.

11 Labor legal capacity (legal personality) of the employee, his basic rights and obligations.

12 Employment capacity of the employer, his basic rights and obligations.

13 Legal status of the head of the organization.

14 Legal relationships directly related to labor relations.

1. Legal relations for the organization of labor and labor management.

2. Legal relations on social partnership, collective bargaining, collective bargaining and agreements.

15. Grounds for the emergence of labor relations

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

17 Representatives of workers and employers.

18. Bodies of social partnership and their participation in the formation and implementation of state policy in the field of labor.

19 Collective bargaining and their meaning.

20 Collective agreement: parties, content, order of conclusion and action.

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

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

24. Fixed-term employment contract and its scope.

25. The general procedure for concluding an employment contract and its form, guarantees upon concluding an employment contract, documents submitted upon concluding this contract and its entry into force.

26. Labor book, its meaning, issuance of a work book and copies of documents related to work.

27. Test at hiring.

28. Combination: internal and external., Combination of professions (positions).

29. Changes to the terms of the contract determined by the parties.

30. Transfer to another permanent job and transfer.

31. Temporary transfers and their types.

32. Suspension from work.

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

34. Grounds and procedure for termination of an employment contract at the initiative of the employer.

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

36. Dismissal in connection with the liquidation of the organization or the termination of activities by the employer - fl.

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

38. Dismissal due to inconsistency with the work performed or the position held.

39. Dismissal for repeated violations of labor discipline.

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

41. Termination of an employment contract due to circumstances and at the initiative of bodies that are not a party to the employment contract, independent of the will of the parties.

42. Severance pay upon dismissal.

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

44. The concept of working time and its types.

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

45 Work outside normal working hours.

46. \u200b\u200bRegime and accounting of working hours.

47. The right to rest and its guarantees. Types of recreation.

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

49. The procedure for granting annual leave, their sequence, division of leave into parts.

50. Annual paid additional leave.

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

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

54. Establishment of wages and pay systems.

55. Systems of remuneration of employees in state and municipal institutions.

56. Remuneration for work performed in special conditions and in case of deviation from normal working conditions.

4 Groups of special working conditions:

58. Labor standards, types of labor standards, the procedure for their introduction, replacement and revision.

63. Types of disciplinary responsibility.

73. Guarantees and compensation to employees related to termination of an employment contract

74. Special labor protection for women and persons with family responsibilities

75. Investigation and registration of accidents at work

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

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

78. Bodies of state control and supervision over the observance of the labor law and other NPA containing labor law norms

79. Federal Labor Inspectorate

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

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

82. Self-protection of labor rights by employees

83. General characteristics of labor disputes, their classification

84. Individual. Labor disputes and the procedure for their consideration and resolution in the CTS

85. Features of the court. The procedure for considering individual labor disputes

86. Collective labor disputes and the procedure for their consideration and resolution

87. The right to strike and its limitations. Striking, declaring it illegal

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

The main issues addressed with the participation of trade unions acting in the interests of workers are:

1) regulation of labor relations (lawmaking and law enforcement);

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

3) resolution of individual and collective labor disputes.

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

In relation to workers who are members of the trade union, this public organization is the unconditional representative and defender of their rights and interests. As for workers who are not members of the trade union, the trade unions have no obligation to them, but they have the right, at the request of the employee or on their own initiative, to defend their labor rights, in particular in the event of an individual labor dispute (Article 23 of the Federal Law of January 12, 1996 "On trade unions, their rights and guarantees of activity").

In the field of legal regulation working conditions, trade unions are empowered to participate in the establishment of general (collective) working conditions(lawmaking) andapplication of labor standards rights(including the establishment of individual working conditions).

At the federal levelthe powers of trade unions in establishing general working conditions are expressed in the possibility of their participation in the law-making work of federal legislative and executive bodies. First of all, this is expressed in the activities of trade unions in the Russian Tripartite Commission for the Regulation of Social and Labor Relations (RTK), within the framework of which drafts of many federal laws and decrees of the RF Government are being prepared, as well as the discussion of projects prepared by the parties to the RTK.

At the level of the constituent entities of the Russian Federationthe opportunity for trade unions to participate in setting working conditions is often broader than at the federal level. In addition to participation in regional tripartite commissions for the regulation of labor relations, other rights granted by federal legislation of the constituent entities of the Russian Federation, in many regions trade unions have the right to initiate legislation and actively use it.

At the territorial leveltrade unions also participate in the development and discussion of draft regulations on labor issues adopted by local governments.

At the local levelthe employer makes decisions taking into account the opinion of the relevant trade union body in the cases provided for by the Labor Code of the Russian Federation (Article 371).

The procedure for taking into account the opinion of the elected body of the primary trade union organization,representing the interests of the organization's employees when adopting local regulations,containing the norms of labor law, provides for Art. 372 of the Labor Code of the Russian Federation.

This order consists of the following steps.

1. In cases stipulated by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, collective bargaining agreements, agreements, the employer, before making a decision, sends a draft local regulatory act and justification for it to the elected body of the primary trade union organization representing the interests of all or most employees. Local regulations adopted without compliance with the established art. 372 of the Labor Code of the procedure for taking into account the opinions of the representative body of employees are not applicable. In such cases, labor legislation and other regulatory legal acts containing labor law norms, collective agreements, and agreements are applied.

no later than five working days from the date of receipt of the draft of the specified local regulatory act, sends to the employer motivated opinion on the project in writing.

3. If the elected trade union body objects to the draft local normative act submitted by the employer, or makes proposals for its improvement, the employer may agree with it or is obliged in three days after receiving a reasoned opinion from the elected body of the primary trade union organization, conduct additional consultations with him in order to achieve a mutually acceptable solution.

4. If no agreement is reached, the disagreements that have arisen are formalized in a protocol.

After that, the employer has the right to adopt a local regulatory act, and the elected body of the primary trade union organization have the right to appeal against it to the relevant state labor inspectorate or to the court. This trade union body has the right to initiate a collective labor dispute procedure in the manner prescribed by the Labor Code of the Russian Federation.

The State Labor Inspectorate, upon receipt of a complaint (application) from an elected body of a primary trade union organization, must within one month from the date of receipt of the complaint (application), conduct an inspection and, if a violation is detected, issue an order to the employer to cancel the specified local regulatory act

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

1. When deciding on the possibility of terminating an employment contract in accordance with paragraphs. 2, 3 or 5 h. 1 tbsp. 81 of the Labor Code of the Russian Federation with an employee who is a member of a trade union, the employer sends to the elected body of the relevant primary trade union organization draft order, as well as copies of documents, which are the basis for making this decision.

2. The elected body of the primary trade union organization in within 7 working days from the date of receipt of the draft order and copies of documents, it considers this issue at its meeting, determines its opinion, motivates it with the norms of the law by the actual circumstances, makes a decision on this issue in accordance with the charter of the trade union and sends it to the employer in writing.

3. If the elected trade union body does not agree, it within three working days spends with the employer or his representative additional consultations , the results of which are formalized protocol... If there is no general agreement based on the results of consultations, the employer after 10 working days from the date of sending the draft order and copies of documents to the elected trade union body, he has the right to make a final decision.

4. The decision to dismiss the employee, taken by the employer after following the above procedure, can be appealed an elected trade union body to the relevant state labor inspectorate, which within 10 days from the date of receipt of the complaint (application), considers the issue of dismissal. If the dismissal is recognized as illegal, she issues the employer a binding prescription on the reinstatement of an employee at work with payment for forced absence.

At the same time, neither the employee nor the elected trade union body representing his interests is deprived of the right to apply directly to the court, and the employer is not deprived of the right to appeal the order of the state labor inspectorate in court.

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

This period does not include periods of temporary disability of the employee, his stay on vacation and other periods of absence of the employee, when he retains his place of work (position).

Trade unions have the right to exercise public (trade union) control over compliance employers and their representatives of the labor law and other legal acts containing labor law norms, their fulfillment of the terms of collective agreements and agreements. Having revealed violations, the trade unions have the right to demand their elimination.

Employers must within a week from the day receiving a request to eliminate the identified violations, inform the relevant body of the trade union organization about the results of consideration of this requirement and the measures taken

Trade unions can create legal and technical labor inspection which operate in accordance with the laws and the established provisions about them. The right to create belongs to all-Russian trade unions and their associations, which approve the corresponding regulations on inspections. Interregional, as well as territorial associations (associations) of organizations of trade unions, if they operate on the territory of one subject of the Russian Federation, can create legal and technical inspections of trade unions and adopt regulations on them in accordance with the standard provisions of the relevant all-Russian association of trade unions.

Legal Labor Inspectorate monitors compliance with the labor law and other regulatory legal acts containing labor law norms, except for labor protection norms. Compliance with labor protection standards is monitored technical labor inspectorate, as well as authorized (trusted) persons on labor protection of trade unions acting directly in organizations.

Trade union labor inspectors have the right to visit freely any employers who employ members of the union or union affiliates, for conducting inspectionsobservance of labor legislation and other normative legal acts containing labor law norms, legislation on trade unions, fulfillment of the terms of collective agreements, agreements.

Trade union labor inspectorates, authorized (authorized) persons for labor protection of trade unions have the right:

monitor the observance by employers of the labor law and other legal acts containing labor law norms;

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

take part in the investigation of industrial accidents and occupational diseases;

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

protect the rights and interests of trade union members on the issues of compensation for harm caused to health at work (work

to make demands on employers to suspend work in the event of an immediate threat to the life and health of employees

send employers submissions on the elimination of identified violations of the labor law and other regulatory legal acts containing labor law norms that are mandatory for consideration;

to check the state of conditions and labor protection; fulfillment of employers' obligations stipulated by collective agreements and agreements;

take part in the work of commissions for testing and commissioning of production facilities and means of production as independent experts;

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

take part in the development of federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of LSG bodies containing labor law norms;

take part in the development of draft bylaws on labor protection, establishing state regulatory requirements for labor protection, as well as agreeing on them in the manner established by the Government of the Russian Federation;

apply to the relevant authorities with a requirement to bring to justice persons guilty of violating the labor law and other acts containing labor law norms, concealing the facts of accidents at work.

Trade unions, their labor inspectorates interact with federal executive authorities, implementing state. supervision and control over the observance of the labor law and other legal acts containing labor law norms and by its territorial bodies, other federal executive bodies exercising functions for control and supervision in the established area of \u200b\u200bactivity.

Authorized (trusted) persons for the protection of the heap of trade unions have the right to check without hindrancein organizations compliance with labor protection requirements and make mandatory for consideration by officials of organizations, employers - individual entrepreneurs, proposals to eliminate the identified violations of labor protection requirements.

When exercising public control, trade unions, their inspections interact with state supervisory and control bodies.

Guarantees to employees who are members of the elected collegial bodies of trade union organizations and who are not released from their main job

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

Dismissal at the initiative of the employer in accordance with paragraphs 2, 3 or 5 h. 1 of Art. 81 TC heads (their deputies) elective collegial bodies of primary trade union organizations, elective collegial bodies of trade union organizations of structural subdivisions of organizations (not lower than shop floor and equated to them), not released from the main job, it is allowed in addition to the general procedure for dismissal only with prior consent the respective superior elected trade union body.

* Resolution of the Constitutional Court of the Russian Federationof January 24, 2002 "In the case of reviewing the constitutionality of provisionspart two of Article 170 and part two of Article 235 of the Labor CodeRF and paragraph 3 of Article 25 of the Federal Law "On Trade Unions,their rights and guarantees of activity " in connection with the requests of the Zernogradskiy District Court of the Rostov Region and the Central District Court of the city of Kemerovo "": applying Part 1 of Art. 374 of the Labor Code, one should not take into account the requirements for prior approval of the relevant elected higher trade union body, in addition to the general procedure for dismissal, upon termination of an employment contract with an employee who is a member of a trade union body and not released from his main job, in the event of repeated non-performance of labor duties without good reason, i.e. .e. upon dismissal of these persons under paragraph 5 of Art. 81 of the Labor Code does not require prior approval of the relevant higher elected body, in addition to the general procedure for dismissal. *

In the absence of a superior elected trade union body, the dismissal of these workers is carried out in accordance with Art. 373 TC.

Members of the elected collegial bodies of trade union organizations who are not exempt from their main job are exempt from it to participate as delegates in the work of congresses and conferences convened by trade unions, to participate in the work of elected collegial bodies of trade unions, and in cases where this is provided for by the collective agreement, - also for the period of short-term trade union studies. The terms of release from work and the procedure for paying for the time of participation in these events are determined by the collective agreement, agreement.

(see text in previous edition)

Guarantees for released trade union workers (see text in previous edition)

An employee dismissed from work in connection with holding an elective position in an elected body of a primary trade union organization, after the expiration of his term of office, is given the previous job (position), and in its absence, with the employee's written consent, another equivalent job (position) with the same employer. If it is impossible to provide such a job (position) due to the liquidation of the organization or the termination of activities by an individual entrepreneur or the absence of a corresponding job (position), the all-Russian (interregional) trade union retains for this employee his average earnings for the period of employment, but not more than 6 months, and in in case of study or retraining - for up to 1 year. If the employee refuses the proposed corresponding job (position), as a general rule, the average earnings for him for the period of employment is not saved.

Working hours a released trade union worker in an elective position in an elected body of a primary trade union organization is counted in his general and special length of service.

Guarantees of the right to work for employees who were members of an elected trade union body

Termination of an employment contract at the initiative of the employer on the grounds provided for in paragraphs 2, 3 or 5 of part one of Article 81 of the Labor Code with head of an elected body the primary trade union organization and his deputies within 2 years after the end of their term of office is allowed only in accordance with Art. 374 TC.

(see text in previous edition)

Obligations of the employer to create conditions for the activities of the elected body of the primary trade union organization(see text in previous edition)

The employer is obliged to provide the elected bodies of the primary trade union organizations of his employees free of charge, a room for holding meetings, storing documents, and also provide the opportunity to post information in a place (places) accessible to all employees.

(see text in previous edition)

An employer with more than 100 employees provides free of charge for use by the elected bodies of primary trade union organizations at least one equipped, heated, electrified premises, as well as office equipment, communication facilities and the necessary regulatory legal documents.

(see text in previous edition)

The employer can provide, in accordance with the collective agreement, for free use by the elected body of the primary trade union organization and other objects.

(see text in previous edition)

In cases stipulated by the collective agreement, the employer shall allocate funds to the primary trade union organization for cultural and physical culture and health-improving work.

With a written application of its employees who are members of the trade union, the employer transfers monthly free of charge to the account of the trade union organization trade union membership dues from the wages of employees. Employers who have entered into collective agreements or who are subject to sectoral (intersectoral) agreements, upon a written application from employees who are not members of the trade union, monthly transfer money from the salary of these employees to the accounts of the trade union organization.

(see text in previous edition)

The labor of the head of the elected body of the primary trade union organization can be paid at the expense of the employer.

(see text in previous edition)

Responsibility for violation of the rights of trade unions

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

(see text in previous edition)