Often at meetings of labor collectives one can hear questions of the following kind: “What does the trade union do?”, “What are the main tasks and functions of trade unions?” and " " These are quite voluminous questions, we will try to answer them.
The main function or task of trade unions is the representation and protection of professional, social and labor and related economic interests and rights of trade union members.
Sometimes it is better to see than to hear or read 100 times. In the following 9 photographs, you can at a glance identify the main functions, tasks and areas of work of trade unions.
Now let's dwell on the activities of the unions in more detail.
The main activities of trade unions are:
- development of a draft collective agreement, negotiating with the employer on its conclusion, amendment, addition and control of its implementation - the most important activity of the trade union;
- participation in the establishment of wage systems, sizes tariff rates(salaries), forms of material incentives, labor standards, work and rest schedules in the organization;
- participation in the creation of a program of employment, training and retraining of personnel, cooperates with government agencies designed to assist in employment, retraining and material support of the unemployed;
- implementation of a protective function in order to constantly monitor compliance by employers with labor legislation, regulations and agreements on labor protection, work to improve working conditions, health and life of workers, control over the use of funds intended for these purposes;
- organization of protest actions, up to strikes, to protect the legitimate rights and interests of trade union members;
- provision of free legal assistance to trade union members;
- conducting explanatory work on the registration of trade union members with the organization and;
- organization of mass cultural, educational, physical culture and health-improving work, carrying out activities to organize recreation for employees and their families.
The above areas of activity of trade unions are integral part existence and development of the organization.
We realize the main tasks of trade unions
In order to protect the labor interests of employees, the trade union committee of our organization has established commissions that carry out work in all important areas of the organization's activities.
One of the main tasks of trade unions in the field of labor rationing and wage issues
A special place is given to the commission on labor rationing, wages. Members of this commission, representing the interests of employees, prepare proposals and participate in negotiation processes with the administration on the organization of labor and wages, work out various local regulations, conduct inspections of compliance with labor legislation in the divisions of the enterprise. The position of the trade union committee on wage increases is as follows: it is necessary to decide this question for all categories of workers. An increase in wages should be received not only by those working on the main orders, but also by those who provide this very job.
Tasks of trade unions in the field of labor protection
The trade union organization exercises public control over the fulfillment by the administration of the requirements of labor protection legislation. To this end, labor protection commissioners are elected in all trade union organizations of shops and departments.
The main tasks, the content of the work, the rights and guarantees of the rights of the authorized persons are defined by the standard developed by the trade union committee, STO UILK 161 "Organization of work authorized persons on labor protection of the trade union committee.
The questions often arise: “by whom are the labor protection commissioners of the trade union committee elected?”
In accordance with the standard of the UILK 161 society, the commissioners are elected on general meetings or conferences of labor collectives of divisions.
The labor protection commissioners of the trade union committee are actively working to protect the legitimate rights and interests of employees, take part in comprehensive surveys of the conditions and labor protection in subdivisions, checks of the three-stage control method, acceptance into operation of industrial and sanitary facilities, as well as in the investigation of accidents. accidents at work and occupational diseases.
Certain issues of labor protection are considered at the presidium of the trade union committee, including: “On the preparation of the enterprise for work in winter conditions”, “On microclimate conditions in industrial premises”, “On the provision of overalls”, “On the provision of therapeutic and preventive nutrition”, “On industrial accidents”.
All activities carried out by the trade union committee are aimed at improving the working conditions of workers and maintaining their health.
No less important task of the trade union - Legal assistance
Legal consultations in the trade union committee on issues of various branches of legislation are annually received by more than a thousand members of the trade union. IN necessary cases turns out practical help in drawing up statements of claim and complaints for appeal to the courts, as well as representing the interests of trade union members directly in court hearings.
Particular attention is paid to the issues of monitoring compliance with the current labor legislation. Requests for the elimination of identified violations are sent to the Company's administration.
An effective tool for resolving individual labor disputes and, accordingly, the regulation of social labor relations at the enterprise is the Commission for labor disputes(KTS). Separate decisions of the commission become precedent, on the basis of which changes are made to the existing local acts Society. In solving the main trade union tasks, it is necessary to use the widest possible range of tools.
The social task of the trade union is Caring for veterans
A great deal of work to help our workers who have gone on a well-deserved rest is carried out by the council and the trade union committee of veterans. They work closely with the administration and trade union committees of the units.
The members of the council and the trade union committee of veterans organize home visits to sick veterans, hold various cultural events, prepare appeals to state and legislative authorities, and enforce laws at the local level.
To control compliance with labor legislation, labor protection and women's health, provide free legal assistance, organize leisure time for employees of the enterprise, a commission on labor and life of women, protection of motherhood and childhood (women's council) works under the trade union committee.
An important function of the trade union is to consolidate social guarantees working women in the Collective Agreement.
The women's council of the enterprise works in close cooperation with the women's councils of workshops and departments. This asset, defending the interests of women, has an effective influence on various areas labor and life of factory workers.
Children is our future
One of the main activities of the trade union organization for many years has been the military-patriotic, sports and aesthetic education of young people. The trade union organizations of the subdivisions patronize the schools of Yagry Island.
The trade union committee is traditionally the organizer and inspirer of sports and creative competitions and competitions held among children and schoolchildren of the microdistrict, provides all possible support to the association of children's clubs.
A special task of the trade union is the organization of annual recreation and sanatorium-and-spa treatment for the children of the enterprise's employees.
It's safer with us
In conclusion, we emphasize that in any difficult life situations, performing its tasks and functions, the trade union organization of the Ship Repair Center Zvezdochka is ready to provide assistance and assistance to its members!
The union is voluntary public association citizens connected by common production, professional interests by the nature of their activities, created in order to represent and protect their social and labor rights and interests.
Every person who has reached the age of 14 and is engaged in labor (professional) activities has the right, at his own discretion, to create trade unions to protect his interests, join them, engage in trade union activities and leave trade unions. Not only citizens can be members of Russian trade unions Russian Federation, residing both on the territory of Russia and outside its territory, but also foreign citizens and stateless persons residing on the territory of Russia, with the exception of cases established by federal laws or international treaties of the Russian Federation.
Trade unions can create their own associations on a sectoral, territorial or other basis that takes into account professional specifics (all-Russian associations of trade unions, interregional and territorial associations in accordance with Article 2 of the Law on Trade Unions).
The primary trade union organization unites members of trade unions of one enterprise, organization, regardless of the form of ownership and subordination. The primary trade union organization operates on the basis of a regulation adopted in accordance with the charter.
The activities of trade unions are independent (i.e., not accountable and not controlled) from the executive authorities, bodies local government, the employer, their associations, political parties and other public associations. Intervention is prohibited state power, bodies of local self-government and their officials in the activities of trade unions, which may entail the restriction of the rights of trade unions or prevent the legal implementation of their statutory activities (Article 5 of the Law on Trade Unions).
Trade unions and their associations independently develop and approve their charters, their structure, organize their activities, that is, they regulate relations within the trade union itself with its members and trade union bodies.
The legal personality of a trade union legal entity arises from the moment of their state (notifying) registration with the Ministry of Justice of the Russian Federation or its territorial body in the constituent entity of the Russian Federation at the location of the relevant trade union body. But trade unions have the right not to register, in which case they do not acquire the rights of a legal entity (Article 8 of the Law on Trade Unions).
In the event that the activity of the trade union is contrary to the Constitution of the Russian Federation, the constitutions (charters) of the subjects of the federation, federal laws, it may be suspended for a period of up to six months or prohibited by a decision of the Supreme Court of the Russian Federation or the corresponding court of a subject of the federation upon the application of the Prosecutor General of the Russian Federation, the prosecutor of the corresponding subject of the federation. Suspension or prohibition of the activities of the trade union by decision of any other bodies is not allowed.
The main tasks of trade unions are related to the implementation of their functions. The functions of trade unions are the directions of their activity.
Since trade unions arose to protect the rights and interests of workers, therefore their main function is protective. The protective function of trade unions is to carry out activities to prevent violations and restore the violated rights and legitimate interests of workers in the sphere of labor, as well as to bring to justice their violators.
The second function of trade unions is representative. The function of employee representation is directly enshrined in Art. 29 of the Labor Code of the Russian Federation, according to which the representatives of workers in social partnership are trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions. The law on trade unions in art. 11 "The right of trade unions to represent and protect the social and labor rights and interests of workers" and in Art. 1 unites these two essential functions trade unions with their respective rights.
Fundamental rights of trade unions
For the effective implementation of functions, the state has secured a number of rights and guarantees for trade unions:
- in rulemaking;
- law enforcement;
– monitoring compliance with labor legislation and labor protection.
The main rights and obligations of trade unions are listed in Ch. II of the Law on Trade Unions, according to which trade unions have the right to:
– to make proposals and express their opinion on draft laws and other regulations affecting the social and labor rights of employees;
– participate in the development of state employment programs; they must be notified of the impending production shutdown and job cuts. In the cases established by law, the dismissal of an employee - a member of a trade union can be carried out only taking into account the opinion of the elected trade union body (Article 12 of the Law on Trade Unions);
– conduct collective negotiations and conclude collective agreements and agreements on behalf of employees, as well as monitor the implementation of collective agreements and agreements;
– participate in the settlement of collective labor disputes, in accordance with the law, hold strikes and other collective actions;
– to participate in the management of state funds formed at the expense of insurance premiums (Articles 13-15 of the Law on Trade Unions);
- receive free and unhindered information from state and economic bodies on social and labor issues;
- implement union control to enforce labor laws and establish their own labor inspectorates for this purpose.
Trade union labor inspectors, authorized (trusted) persons for labor protection of trade unions have the right:
1) exercise control over compliance with labor legislation and other regulatory legal acts containing norms labor law;
2) conduct an independent examination of working conditions and ensure the safety of employees of the organization;
3) take part in the investigation of accidents at work and occupational diseases;
4) receive information from the heads and other officials of organizations about the state of working conditions and labor protection, as well as about all accidents at work and occupational diseases;
5) 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);
6) present employers with demands to suspend work in cases of direct threat to the life and health of employees;
7) 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;
8) to check the state of conditions and labor protection, the fulfillment of the obligations of employers, provided for by collective agreements and agreements;
9) take part in the work of commissions for testing and commissioning of production facilities and means of production as independent experts;
10) 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;
11) take part in the development of laws and other regulatory legal acts containing labor law norms;
12) take part in the development of draft by-laws on labor protection, as well as coordinate them in the manner established by the Government of the Russian Federation;
13) apply to the relevant authorities with a request to bring to justice those guilty of violating laws and other acts containing labor law norms, concealing the facts of accidents at work.
Trade unions, through authorized (trusted) persons for labor protection, have the right to freely check compliance with labor protection requirements in organizations and submit mandatory for consideration officials proposals to eliminate the identified violations of labor protection requirements (Article 370 of the Labor Code of the Russian Federation).
Trade unions can exercise the protection of interests in the bodies for the consideration of labor disputes. In cases of violation of labor legislation, trade unions have the right, either at the request of trade union members, other workers, or on their own initiative, to file an application in defense of their labor rights with bodies that consider individual labor disputes.
The powers of trade unions are of a different nature:
- some powers are advisory in nature, for example, the participation of trade unions in the consideration of draft laws and other normative acts consists in the obligatory consideration of the opinion of trade unions on the content of the draft NLA (relevant government bodies are obliged to ask for the opinion of the trade unions, listen to this opinion and discuss it, but the decision is made independently);
- other powers of trade unions are of a parity nature: for example, collective agreements, agreements are adopted on a parity basis with trade union bodies;
- third powers have independent character when unions decide to go on strike.
Guarantees of trade union rights
The Law on Trade Unions and the Labor Code of the Russian Federation established a system of guarantees of the rights of trade unions, that is, a system of conditions necessary to ensure the exercise of the powers of trade unions.
In the system of such legal guarantees includes the following warranties.
1. The property guarantees of the activities of trade unions consist in the recognition, inviolability and protection of the property rights of trade unions. In the legislation, these guarantees are formulated mainly as the rights of trade unions: the right to own property and cash necessary to fulfill the statutory tasks; the right to own and use property transferred to trade unions for economic management (management); the right of a legal person.
Trade unions may own land, buildings, structures, structures, health-improving institutions, cultural, educational, scientific and educational institutions, housing stock, various other organizations, including publishing houses, printing houses, as well as securities and other property necessary to ensure the statutory activities of trade unions.
Sources, the procedure for the formation of property and the use of funds of trade unions are determined by their charters, regulations on primary trade union organizations.
Financial control the funds of the trade unions are not carried out by the executive authorities, with the exception of control over the funds from entrepreneurial activity. Restriction of independent financial activities trade unions is not allowed, and the property of trade unions can be alienated only by a court decision.
2. Personal guarantees for the activities of trade unions consist in the special protection of the right to work of workers who are members of elected collegial trade union bodies.
Employees who are members of elected trade union collegial bodies, as well as heads of elected trade union collegial bodies of the organization, may be dismissed at the initiative of the employer in accordance with paragraph 2, subpara. "b" paragraphs 3 and 5 of Art. 81 of the Labor Code of the Russian Federation only taking into account the motivated opinion of the elected trade union body. In the absence of a higher elected trade union body, the dismissal of these employees is carried out in compliance with the procedure established by Art. 373 of the Labor Code of the Russian Federation.
If it is necessary to participate as delegates to congresses and conferences convened by trade unions, as well as to participate in the work of their elected bodies, members of elected trade union bodies who are not released from their main work in this organization are exempted from it. The conditions for release from work and the procedure for paying for the time of participation in these events are determined by the collective agreement, agreement (Article 374 of the Labor Code of the Russian Federation).
An employee released from work in an organization in connection with his election to an elective position in the trade union body of this organization, after the expiration of his term of office, is given the previous job (position), and in its absence, with the consent of the employee, another equivalent job (position) in the same organization . In case of refusal of the employee from the proposed work (position), the employment contract with him is terminated under paragraph 7 of Art. 77 of the Labor Code of the Russian Federation.
The time of work of released trade union workers elected to the elected trade union body of a given organization is counted by them in the general or special seniority.
An employee released from his main job in connection with his election to the elected body of the primary trade union organization has the same labor rights, guarantees and benefits as other employees of the organization in accordance with the collective agreement (Article 375 of the Labor Code of the Russian Federation). If it is impossible to provide the relevant job (position) at the previous place of work in the event of reorganization of the enterprise, its legal successor, and in the event of liquidation of the organization, the all-Russian (interregional) trade union retains for this employee his average earnings for the period of employment, but not more than six months, and in the case of study or retraining - for a period of up to one year. The time of work of released trade union workers elected to the elected trade union body of a given organization is counted by them in the general or special seniority.
3. The obligation of employers to create conditions for the implementation of the activities of an elected trade union body is that the employer is obliged to provide the elected trade union bodies of the primary trade union organizations operating in the organization, free of charge, with a room for meetings, storage of documentation, and also provide the opportunity to post information in an accessible all employees of the place.
In an organization with more than 100 employees, the employer provides free of charge to the elected trade union bodies operating in the organization for use at least one equipped, heated, electrified room, as well as office equipment, communications equipment and the necessary regulatory legal documents.
The employer may provide, in accordance with the collective agreement, for free use to the elected trade union body of the given organization recreation centers, sports and health centers necessary for organizing recreation, conducting mass cultural, sports and recreational work with employees and members of their families.
Payment for the work of the head of the elected trade union body of the organization can be made at the expense of the organization in the amounts established by the collective agreement (Article 377 of the Labor Code of the Russian Federation).
At the same time, the economic maintenance, repair, heating, lighting, cleaning, security, as well as the equipment of these facilities is carried out by the organization, unless otherwise provided by the collective agreement, agreement.
4. State supervision and control over compliance with the legislation on the rights of trade unions is called upon to carry out the prosecutor's office, since it is entrusted with the functions state supervision for legality. Public control over the observance of the rights of trade unions is carried out by the trade unions themselves (their bodies) and the legal labor inspectorate under their jurisdiction.
5. Legal responsibility, that is, the legal obligation to be punished for violations of trade union rights, is also an important condition for ensuring trade union rights.
Functions of trade unions
The functions of trade unions are the main directions of their activity. Since trade unions arose to protect the rights and interests of workers, therefore their main function is protective (the relationship "trade union - entrepreneurs"). The need to protect the rights and interests of workers in the labor sphere is especially relevant in the modern period, which has exposed socio-economic contradictions. Relations between trade unions and employers on social and labor issues are regulated labor law at all levels of social partnership relations, from production to the federal level, while using their protective function, as well as their second most important function - representing the interests of workers (relationships "trade union - state"). Some economists add to these two a third function, the economic one, concern for increasing the efficiency of production. In the legal literature there are following features: protective, industrial, educational, social, international.
For the effective implementation of these functions, the state has secured a number of rights and guarantees for trade unions in rule-making, law enforcement and control over compliance with labor legislation and labor protection rules.
The protective function of trade unions is the activity of trade union bodies, as well as the labor and asset inspectorates under their jurisdiction, aimed at preventing violations and restoring violations of the rights and legitimate interests of workers in the labor sphere, as well as bringing to justice their violators.
The functions of employee representation are expressly enshrined in Art. 29 of the Labor Code of the Russian Federation, according to which the representatives of workers in social partnership are trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions. Federal Law of the Russian Federation "On trade unions, their rights and guarantees of activity" in Art. 11 "The right of trade unions to represent and protect the social and labor rights and interests of workers" and in Art. 1 combines these two essential functions of trade unions with their respective rights.
The function of representation is associated with defending the interests of employees not at the firm level, but in state and public bodies. The purpose of the representation is to create additional benefits and services. But in addition to these two trade unions also carry out a cultural and educational function of educating their members in the spirit of patriotism and a political one of their participation in the elections of state authorities and local self-government bodies.
The implementation of the protective and representative functions of trade unions is facilitated by social regulation public relations that they enter into in the course of their activities. Relationships involving trade unions are usually regulated various types social norms - morals, traditions, etc.
However, legal regulation is also possible to ensure the representation and protection of the rights and legitimate interests of employees. The rights and obligations of trade unions in the sphere of labor constitute their legal status.
In addition to rights in the sphere of labor, trade unions have extensive rights in the sphere of action of other branches of law: the rights of a legal entity, the right of ownership, participation in the management of public social funds, in the field of ecology, privatization, etc.
The rights and obligations of trade unions are closely linked. The legally fixed position of trade unions in the sphere of labor (labor-legal status) is a general measure of the legal possibilities of a given organization and its bodies in this area, serves as a source of subjective rights and obligations of trade union bodies in legal relations. As a basic category, it characterizes the limits of the legal possibilities of the activities of trade unions in this area, serves as a standard for the legitimacy of the actions of trade union bodies, the completeness of the exercise of the legal powers granted to them.
The activities of the trade unions are mainly regulated by the trade unions themselves as amateur public organizations with the help of intra-trade union norms adopted by the leading trade union bodies. Such norms are not of a legal nature and are contained in the charters of trade unions and their associations, and other trade union acts. Of the range of social relations that trade unions enter into, only those whose regulation is objectively possible, economically, socially and politically necessary are subject to legal influence. The law contributes to the implementation of the tasks facing the trade unions, the fulfillment of their protective function.
In conditions of exacerbation competition Trade unions began to realize that the well-being of workers depends not only on the confrontation with the employers, but also on the growth of labor efficiency. Therefore, modern trade union organizations almost do not resort to strikes, actively participate in raising vocational training its members and in the improvement of production itself.
Fundamental rights of trade unions
Modern legislation allows trade unions to focus on the fulfillment of the main task - to represent and protect the socio-economic interests of workers, these rights characterize the relationship of trade unions with state and economic decision-making bodies in the sphere of labor. In relation to state and economic bodies, the exercise by trade unions of such powers is the exercise of their rights. But in relation to the workers, in whose name and in whose interests the trade unions act, it is their duty to exercise the powers of the trade unions. Therefore, the powers of trade unions are usually characterized as rights-duties: rights in relation to state and economic bodies and duties to workers.
The main rights and obligations of trade unions are listed in Ch. II of the Law of January 12, 1996 Trade unions submit proposals and express their opinion on draft legislative and other normative acts affecting the social and labor rights of workers. Systems of remuneration and labor standards are established by employers, taking into account the opinion of trade union bodies and are fixed in collective agreements.
Trade unions conduct collective negotiations and conclude collective agreements and agreements on behalf of workers, as well as exercise control over them. Trade unions have the right to participate in the settlement of collective labor disputes, in accordance with the law to hold strikes and other collective actions. The relations of trade unions with state and economic bodies are built on the basis of social partnership. Trade unions, along with other social partners, participate in the management of state funds formed at the expense of insurance premiums (Articles 13, 14, 15 of the Law).
The powers of trade unions have different legal force. Legal force characterizes the degree of binding proposals of trade unions for state and economic bodies. Some powers are advisory in nature, such as, for example, the participation of trade unions in the consideration of draft legislative acts affecting the social and labor rights of workers. The relevant state bodies are obliged to request the opinion of the trade unions, listen to this opinion and discuss it, but the decision is made independently. Other powers of trade unions are of a parity nature: for example, collective agreements, agreements are adopted on a parity basis with trade union bodies.
The concept of trade unions. Their tasks and functions
A trade union is a voluntary public association of citizens connected by common production, professional interests in the nature of their activity, created for the purpose of representing and protecting their social and labor rights and interests. All trade unions enjoy equal rights.
Every person who has reached the age of 14 and is engaged in labor (professional) activities has the right, at his own discretion, to create trade unions to protect his interests, join them, engage in trade union activities and leave trade unions. Russian trade unions may include not only citizens of the Russian Federation residing both on the territory of Russia and outside its territory, but also foreign citizens and stateless persons residing on the territory of the Russian Federation, with the exception of cases established by federal laws or international treaties of the Russian Federation .
Trade unions can create their unions (associations) on a sectoral, territorial or other basis that takes into account professional specifics - all-Russian unions (associations) of trade unions, interregional and territorial unions (associations) of trade union organizations (Article 2 of the Law on Trade Unions).
The primary trade union organization unites members of trade unions, as a rule, of one enterprise, organization, regardless of the form of ownership and subordination, acts on the basis of a provision adopted in accordance with the charter, or on the basis of general position on the primary trade union organization of the relevant trade union.
Trade unions are independent in their activities from executive authorities, local governments, the employer, their associations (unions, associations), political parties and other public associations, they are not accountable and not controlled. It is prohibited to interfere with the activities of state authorities, local self-government bodies and their officials in the activities of trade unions, which may lead to the restriction of the rights of trade unions or hinder the legal implementation of their statutory activities (Article 5 of the Law on Trade Unions).
Trade unions, their unions (associations) independently develop and approve their charters, their structure, and organize their activities. These acts regulate relations within the trade union itself with its members and trade union bodies. They are not sources of law, as it is an act of the public.
The legal personality of a trade union as a legal entity arises from the moment of their state (notifying) registration with the Ministry of Justice of the Russian Federation or its territorial body in the constituent entity of the Russian Federation at the location of the relevant trade union body. But trade unions have the right not to register, in which case they do not acquire the rights of a legal entity (Article 8 of the Law on Trade Unions). It is prohibited to condition the hiring, promotion, and dismissal of a person by belonging or not belonging to a trade union.
Reorganization or termination of the activities of a trade union or a primary trade union organization can be carried out only by decision of their members in the manner determined by the charter of the trade union, the regulation on the primary trade union organization, and their liquidation as a legal entity in accordance with federal law.
If the activity of a trade union contradicts the Constitution of the Russian Federation, the Constitutions (charters) of the constituent entities of the Federation, federal laws, it may be suspended for up to six months or prohibited by decision Supreme Court of the Russian Federation or the corresponding court of the subject of the Federation upon the application of the Prosecutor General of the Russian Federation, the prosecutor of the corresponding subject of the Federation. Suspension or prohibition of the activities of the trade union by decision of any other bodies is not allowed.
Thus, trade unions enter the political system of society as a specific public organization with their own tasks and functions determined by their charters. The main tasks of trade unions are related to the implementation of their functions - the protection of the rights and interests of workers in the sphere of labor and other directly related relations.
The functions of trade unions are the directions of their activity. Since trade unions arose to protect the rights and interests of workers, therefore their main function is protective. The need to protect the rights and interests of workers in the labor sphere is especially relevant in the modern period, which has exposed socio-economic contradictions. The relations of trade unions with employers on social and labor issues are regulated by labor legislation at all levels of social partnership relations, from production to the federal level, while using their protective function, as well as their second most important function - representing the interests of workers. For the effective implementation of these functions, the state has secured a number of rights and guarantees for trade unions in rule-making, law enforcement and control over compliance with labor legislation and labor protection rules.
The protective function of trade unions is the activity of trade union bodies, as well as the labor and asset inspectorates under their jurisdiction, aimed at preventing violations and restoring violations of the rights and legitimate interests of workers in the labor sphere, as well as bringing to justice their violators.
The functions of employee representation are expressly enshrined in Art. 29 of the Labor Code of the Russian Federation, according to which the representatives of workers in social partnership are trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions. Federal Law of the Russian Federation "On trade unions, their rights and guarantees of activity" in Art. 11 “The right of trade unions to represent and protect the social and labor rights and interests of workers” and Art. 1 combines these two essential functions of trade unions with their respective rights.
But in addition to these two trade unions also carry out a cultural and educational function of educating their members in the spirit of patriotism and a political one of their participation in the elections of state authorities and local self-government bodies.
The implementation of the protective and representative functions of trade unions is facilitated by the social regulation of social relations that they enter into in the course of their activities. Relations with the participation of trade unions, as a rule, are regulated by various types of social norms - morality, traditions, etc.
However, legal regulation is also possible to ensure the representation and protection of the rights and legitimate interests of employees.
limits legal regulation relations with the participation of trade unions depend on the state of social relations, the degree of their development, the socio-economic and political conditions in which they develop.
The crisis of recent years, the devaluation of many social guarantees, as a result, a significant decrease in the income of workers and their families - increase the relevance of the activities of trade unions and the tasks facing them. Increasing human potential as one of the main factors economic growth in the country, the growth of real stable incomes of workers, the level of pensions and the quality of life of people, the elimination of the causes of poverty - these are the main priorities of the work of Russian trade unions in modern conditions.
Directions of the functioning of the trade union
One of the priorities of the trade union at all its levels continues to be the work to defend the economic interests of trade union members, as well as labor and professional ones. These issues are reflected in the demands of the trade unions to the legislative and executive authorities. It is important that his voice is not only heard, but that he really influences those decisions that affect workers.
Activity goals
The goals and objectives of the trade union are known:
1. Representation of demands and protection of opinions, benefits and development of trade union members: economic, professional, social, domestic, improvement of living standards of trade union members.
2. Implementation of the legal right of the trade union of all levels to be represented in the governing bodies.
3. A significant improvement in the criteria for the quality of life of workers - members of the trade union.
Tasks of the trade union
The cornerstone task of the trade union is to participate in the improvement of legislation affecting the social and labor rights of trade union members, to oppose attempts to reduce the social protection of workers. The following main tasks remain relevant for the trade union:
1. Striving for a decent and fair wage, pension and social benefits, scholarships for students.
2. Representing the interests of employees in various fields and at all levels, participating in collective bargaining, concluding collective agreements on behalf of the workforce and monitoring the implementation of the directions of the collective agreement.
3. The direction of their powers to preserve the guarantees of education and medical care for workers.
4. Monitoring compliance by employers Labor Code RF and other laws and regulations, protection against illegal dismissals.
5. Monitoring the employment of citizens of working age and the observance of the procedure for downsizing by administrative personnel and the implementation of guarantees for employees dismissed under this article.
6. The task of the trade union is to strengthen control over labor protection and safety in the workplace.
7. Participation in the planning of staff development.
8. Development of a policy on cooperation of all trade union organizations and associations, development and strengthening of professional solidarity.
Means for solving goals and objectives
To fulfill the Charter and its tasks, the trade union takes the following measures:
1. Takes part in programs and draft laws and other acts based on labor law, socio-economic policy on labor and professional rights of workers and students, as well as other issues in the interests of its members.
2. Actively participates in government programs for employment of the population, offers real measures to assist persons laid off as a result of downsizing and headcount, reorganization or liquidation of enterprises, in supporting such workers by improving their qualifications and professional retraining.
3. Implements, if possible, its projects in and on gender issues.
4. Initiates the creation of various labor consultations and inspections, develops regulations for their activities to protect the professional boundaries of their members.
5. Prepares statements of claim, acts as a defender of trade union members in courts, prosecutors, administrations, before employers on issues of problems in the workplace.
6. Promotes the implementation of measures to improve the quality of life of workers, for this, it delves into the life support of workers of various professional and qualification communities and students.
Influence on the legislative base of the state
The trade union is directly involved in the development of indicators of consumer needs, taking into account living wage and price range fluctuations for goods and services. Union in statutory procedure inspects the norms of acts of labor law of the Russian Federation. Takes measures aimed at effective prevention of corruption. The trade union supports the development of non-state funds to provide for its members. Takes an active part in management off-budget funds states. It uses significant financial resources to organize and conduct events aimed at improving health and cultural and educational events.
The trade union is developing a sanatorium and resort area, owns a significant number of boarding houses and sanatoriums and other recreation facilities for use by trade union members at a reduced price. Occupational safety under the vigilant control of the trade union. The trade union is the initiator of cooperation with trade unions of other countries, it is an active participant in the international trade union movement.
Trade union at the enterprise
At the enterprises, the trade union:
1. Initiates independently, as well as on behalf of trade union members, filing applications with labor inspectorates.
2. Promptly helps members of his organization with various assistance: material, informational and methodological, legal, advisory and others.
3. Monitors compliance by the administrations of enterprises and organizations with the Labor Code, the terms of collective agreements, labor protection, safety, social insurance and security, medical care, improvement of living and living conditions and other types of protection for workers.
4. The tasks of the trade union in the organization are the settlement of collective labor disputes using various forms of protection within the framework of the law, up to the organization of strikes, meetings, rallies and demonstrations, parades, demonstrations and other collective actions.
5. The trade union, within the scope of its functions, conducts financial and economic activities.
6. Makes estimates of income and expenses, can create various funds.
7. Provides development personnel policy through training, retraining and education of trade union activists - these are also the tasks of the trade union at the enterprise.
8. Develops relationships with other trade unions and their associations, social movements may be a member of all-Russian associations of trade unions.
The trade union in modern conditions
The influence of modern conditions on the tasks of the trade union is especially noticeable in Lately when Russia is presented with new challenges in foreign economic policy, requiring the search for new beacons of foreign economic partnership. In response to upholding national interests, our state received sanctions from the United States and European countries. Inflicting maximum economic damage to our country is their goal. This is how external factors influence the economic situation. But the deep problems of the Russian economy are internal. These are the dependence of state budget revenues on energy prices, undeveloped mechanisms for financial and credit support for the real sector of the economy, the inefficiency of public and private management, and increased social stratification.
IN economic sphere trade unions strive to protect workers, ensure stable economic development, increase the competitiveness of domestic goods and services, invest in human resource and creating on this basis the conditions for self-realization and increasing the degree of social protection of workers, improving the well-being of the entire population and the quality of life.
Basic principles of the work of the trade union
The main principles of the work of trade union organizations include the following:
1. Joining a trade union and leaving it on a voluntary basis, the equality of its members.
2. Responsibility of trade union organizations to trade union members for compliance with the Charter.
3. Collegiality in the work of all trade union organizations, personal responsibility of workers elected to trade union bodies.
4. Transparency of activity, openness of reporting in the work of trade union organizations of all levels.
5. Obligation and accuracy of fulfillment of the assigned tasks of the trade union, adopted within the Charter of the trade union.
6. Every union member is important.
7. Election of trade union committees in accordance with the legislation and the Charter.
8. Independence and the acquisition of authority to make decisions.
9. Compliance with accounting and financial discipline.
Trade union movement vector
the main task trade union - the development of the Russian program of decent work. Because the foundation for the development of the country and the well-being of a citizen is the worthy work of everyone.
Five tasks of the trade union for the coming years
Efficient employment, balanced job market - the necessary conditions decent work. In the light of the current situation, the main five tasks of trade unions for the coming years have been identified:
- Creation of effective high-quality jobs in the process of modernization of the economy.
- Exclusion of shadow labor relations, involvement in work without proper execution of an employment contract.
- State regulation of labor migration issues, admission of foreign workers, taking into account priority employment Russian citizens.
- Conclusion with foreign workers, labor migrants employment contracts, providing them with medical care, education, social insurance.
- Increasing the level of material support for unemployed citizens, increasing the amount of unemployment benefits, assistance in finding employment.
In order to quickly solve problems, the efforts of trade unions are aimed, first of all, at ensuring effective employment and creating decent, efficient jobs.
