Social partnership as social interaction. Social partnership as a legal institution

Social partnership and its role in the regulation of social labor relations

Social partnership- a system of relationships between employees (representatives of employees), employers (representatives of employers), bodies state power, organs local government aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them.

Social partnership includes both bilateral relations between representatives of employees and the employer (employers, representatives of employers - bipartism), and tripartite interaction (tripartism) with the participation of state authorities and local governments. At the same time, it should be borne in mind that directly in the system social partnership only executive authorities or local self-government bodies are involved. They send their representatives to create permanent commissions, participate in the conclusion of agreements at the appropriate levels, and so on. (Article 35 of the Labor Code).

To basic principles of social partnership relate:

1) equality of the parties: manifested both in the initiative of negotiations, their conduct and signing of collective agreements and agreements, and in control over their implementation;

2) compliance with labor law: all parties and their representatives must comply not only with the Labor Code of the Republic of Belarus, but also with other labor law norms;

3) the authority to assume obligations is determined by the availability of written documents confirming the authority of the parties to conduct collective negotiations and sign collective agreements, agreements;

4) voluntary acceptance of obligations: each party assumes obligations under a collective agreement or social partnership agreement by consensus, yielding to each other, but voluntarily, i.e. one party may not accept the obligation offered by the other party;

5) taking into account the real possibilities of making real obligations: the party must assume obligations under the contract or agreement not declarative, but which it is really capable of fulfilling;

6) obligation to fulfill agreements and responsibility for the obligations assumed;

7) renunciation of unilateral actions that violate agreements;

8) mutual informing the parties to the negotiations about the change in the situation.

Social partnership system

The social partnership system includes the following levels:
1) the federal level, which establishes the basis for regulating relations in the sphere of labor in Russian Federation. At the federal level, the following can be concluded: general and sectoral agreements;
2) the regional level, which establishes the basis for regulating relations in the sphere of labor in a constituent entity of the Russian Federation. At the regional level (subject of the Russian Federation), regional and sectoral agreements are concluded;
3) industry level, which establishes the basis for regulating relations in the sphere of labor in the industry (sectors);
4) the territorial level, which establishes the basis for regulating relations in the sphere of labor in the municipality. At the territorial level (municipal formation) a territorial agreement is concluded;
5) the level of organization, which establishes specific mutual obligations in the sphere of labor between employees and the employer.
It should be noted that economic and legal status social partners are different.

Social partnership is carried out in the following forms:
1) collective bargaining on the preparation of draft collective agreements, agreements and their conclusion. Collective bargaining and the conclusion of collective agreements and agreements are the main form of social partnership. This is the realization by employees (in the person of their representatives) and employers of the right to collective agreement regulation;
2) mutual consultations (negotiations) on the issues of regulating labor relations and other relations directly related to them, ensuring guarantees of labor rights of employees and improving labor legislation. Mutual consultations are carried out, as a rule, at the federal, regional, territorial, sectoral levels in the relevant commissions (Article 35 of the Labor Code).
Consultations at the organization level are carried out as part of the participation of employees in the management of the organization (Article 53 of the Labor Code);
3) participation of employees, their representatives in the management of the organization (Article 53 of the Labor Code);
4) participation of representatives of employees and employers in pre-trial resolution labor disputes. Cooperation between employees and the employer (employers) is carried out in resolving both individual and collective labor disputes. When resolving individual labor disputes on a parity basis, a commission on labor disputes is created, which considers the majority of individual labor disputes (Articles 384-389 of the Labor Code). When resolving collective labor disputes, an out-of-court conciliation procedure is used: by agreement of the parties, a commission is created from their representatives, the parties participate in the choice of a mediator, in the creation of labor arbitration, etc.

are the initial stage of the procedure for the development and conclusion and amendment of collective agreements, agreements.

The following issues are considered at the negotiations: 1) establishing, changing the socio-economic conditions of work and life of workers; 2) conclusion, amendment, execution or termination of collective agreements, agreements.

The parties to collective bargaining are representative bodies of workers and employers. Other persons can also participate in collective negotiations, except for representatives of the parties: specialists, experts who advise. But they don't vote.

The procedure for conducting collective bargaining:

Each of the parties has the right to send a written request to the other party to conduct collective negotiations on the conclusion, amendment or addition of a collective agreement, agreement, the other party is obliged to start negotiations within seven days. By agreement of the parties, collective negotiations may be started at another time. To conduct negotiations, the parties create a commission on an equal basis (from an odd number) of authorized representatives. Representatives must have a document confirming their authority. Employers are required to provide information necessary for collective bargaining.

Representatives of the parties to collective bargaining, disclosing information that is a state or commercial secret, bear responsibility.

The composition of the commission, the terms and place of collective bargaining are determined by the parties. The parties do not have the right to terminate collective bargaining unilaterally.

The moment of the end of collective bargaining is the moment of signing the collective agreement, agreement, protocol of disagreements. The signing of the protocol of disagreements is the beginning of a collective labor dispute.

Collective agreement- a local normative act regulating labor and socio-economic relations between the employer and the employees working for him. It is always a two-way act. A collective agreement can be concluded both in the organization as a whole and in its separate subdivisions.

The parties to the collective agreement are the employees of the organization represented by their representative body and the employer or a representative authorized by him.

As a rule, the trade union committee acts as a representative body of workers. If the interests of workers are represented by several trade unions, the parties to the collective agreement may be: 1) each of them on behalf of the workers united in it; 2) a trade union that unites the majority of workers at a given employer or has the largest number of members, to which this right is voluntarily granted by the rest of the trade unions; 3) a joint body voluntarily created by these trade unions. If more than 50% of employees in the organization are not members of trade unions, they can create their own body as a party to the collective agreement.

The other party to the collective agreement is the employer or his authorized representative. Representatives on the part of the employer may be officials who have the information necessary for conducting collective bargaining, relevant qualifications and experience (for example, managers structural divisions, legal adviser, chief accountant, etc.). At the discretion of the employer, his representatives may also be persons who do not work in this organization, but who have some experience in conducting collective bargaining (for example, experts from an association of employers).

The collective agreement is concluded in writing in organizations of any organizational and legal forms, their separate subdivisions (on issues within the competence of these subdivisions). The drafts of the collective agreement are discussed at the general meeting of the organization's staff. Signed collective agreement on each page by authorized representatives of the parties. Signed collective agreement registered in the local executive or administrative body at the location (registration) of the employer. To do this, the employer submits to the relevant authority: 1) an application with a request for registration; 2) a collective agreement signed on each page; 3) copies of documents confirming the powers of the parties to sign the collective agreement. Registration is carried out within two weeks from the date of filing an application with a corresponding entry in a special journal, and a registration stamp is placed on the first page of the submitted collective agreement.

The collective agreement is concluded for a period determined by the parties, but not less than one year and not more than three years. It comes into force from the moment of signing, or from the date that the parties establish, and is valid, as a rule, until the conclusion of a new contract. In case of reorganization of the organization, the collective agreement remains valid for the period for which it is concluded, unless otherwise decided by the parties. When the owner of the organization's property changes, it is valid for three months.

Agreement- this is a normative act containing the obligations of the parties to regulate relations in the social and labor sphere at the level of a certain profession, industry, territory.

Depending on the scope of regulated social and labor relations, the following types of agreements can be concluded: general, tariff and local.

General(Republican) agreement establishes general principles regulation of social and labor relations at the republican level.

Tariff The (industry) agreement establishes wage rates and other working conditions, as well as social guarantees and benefits for industry employees.

Local the agreement establishes working conditions, as well as social guarantees and benefits related to the territorial features of the city, district, other administrative-territorial entity.

Agreements by agreement of the parties participating in the negotiations can be bilateral and trilateral.

Agreements providing for full or partial budget financing are concluded with the obligatory participation of representatives of the relevant executive authorities.

The procedure, terms for the development and conclusion of agreements are determined by a commission formed by the parties on an equal basis from representatives vested with the necessary powers.

The agreements are in in writing, for a period not less than one year and not more than three years. The agreement is signed on each page by authorized representatives.

Signed general, tariff (industry) and local agreements are subject to mandatory registration.

Similar information.

The relationship of a children's public organization with other public structures of a general educational institution, including student self-government bodies, should be built on a partnership basis on the basis of an agreement or agreement. This is explicitly stated in the Decision of the Board of the Ministry of Education of the Russian Federation dated May 29, 2001 No. 11/1 "On the experience of interaction between educational authorities and children's public associations."
Let's analyze the main provisions " methodological recommendations on expanding the activities of children's and youth associations in educational institutions", approved by the Letter of the Ministry of Education of Russia dated February 11, 2000 No. 101 / 28-16.
So, firstly, "it must be emphasized that the bodies of student self-government and children's associations created in educational institutions differ in their functions and tasks." Consequently, this Letter immediately fixes the existence of differences in functions and tasks between the bodies of student self-government and children's public organizations.
In the first two paragraphs of this manual, we set out in sufficient detail the regulatory framework for the creation and functioning of a children's (youth) public organization and student self-government bodies. Therefore, we will continue consideration of the provisions of the "Methodological recommendations ...".
The next important provision states that "representatives of public associations can be represented in student self-government bodies or the school council in order to inform about their own activities and involve members of public associations in solving urgent problems of an educational institution." In this provision of the "Methodological recommendations ..." the idea is clearly fixed that student self-government bodies and children's public organizations (associations) are not the same thing. Using the scheme again, we will fix this difference even at the level of the main regulatory documents that regulate the activities of student self-government and a children's public organization. These are their statutes. But these are different rules!
Further in the text of the "Methodological recommendations ..." it is indicated that children's public organizations and student self-government bodies can and should interact, including through the representation of public associations in elected bodies of student self-government. Thus, children's public organizations can quite "legally" talk about their activities, their programs, invite those children who have not yet joined this organization, etc. But at the same time, when joining the bodies of student self-government, members of a children's public organization should not forget that student self-government is created to solve the urgent problems of all schoolchildren who study in this general educational institution, and not just protect the interests of members of their public organization.
It is fundamentally important to note that it is the Ministry of Education of the Russian Federation that specifically "emphasizes that the relationship with children's and youth public associations cannot be built otherwise than on a partnership basis." This is the methodological basis that should determine the relationship between children's public organizations and student self-government bodies.
Before proceeding to a detailed presentation of the foundations of social partnership, let us comment on a few more provisions of the "Methodological recommendations on expanding the activities of children's and youth associations in educational institutions."
The first fundamentally important provision reads: "The control of these associations, administration by educational authorities or heads of educational institutions is absolutely not allowed." Once again, carefully read the text of this provision. No control over the activities of a children's (youth) public organization by the educational authorities of any level and the administration (director, his deputies) of a general education institution is allowed. True, the reader has the right to ask: "What then to do? Is it really the complete independence and autonomy of our children's public organizations?"
Of course, no, and in the near future, teachers will have to supervise, advise, support the active of the children's public organization, help children develop programs and plans, prepare and implement specific activities that the children themselves plan or they do together with adults. But at the same time, it is important to constantly remember that the main thing is to gradually transfer more and more rights and powers to the children themselves and high school students who are members of the children's (youth) public organization. Otherwise, we will never be able to get the necessary pedagogical effect - a truly self-governing children's (youth) public organization, whose members help teachers decide actual problems the educational institution where the students are studying.
Studying further this normative document, we see that the Ministry of Education of the Russian Federation "does not consider that in a particular educational institution or institution additional education children, only one children's organization can operate. "This is the very basis according to which a general educational institution must coordinate the activities of several children's public organizations or associations, and not only support "its own", created from its "native" schoolchildren, whom teachers have long know they are counted on different situations etc. This provision instructs schools to assist schoolchildren in every possible way in exercising the right to create their own public organizations and / or to participate in the activities of public associations that offer programs and activities of interest to them.
This is precisely what another provision of the "Methodological Recommendations ..." points out - "in the context of the diversity of children's and youth associations, the heads of the education authorities of educational institutions should create conditions for their activities within the walls of educational institutions during extracurricular and out-of-school hours ..."

And now let's move on to the consideration of the main mechanism of interaction between children's (youth) public organizations and student self-government bodies of educational institutions - social partnership. The term "social partnership" is relatively new for today's Russia. As a rule, its meaning is revealed as the establishment of constructive interaction between the three forces operating in the country's public arena: government agencies, commercial enterprises and non-profit organizations. These forces are conditionally called the first, second and third sectors of the economy.
Interaction between them at the level of the state, the local community is necessary in order to jointly solve socially significant problems, such as poverty, employment problems, homelessness, etc.
For example, Moscow Law No. 44 "On Social Partnership", adopted on October 22, 1997, in Article 1 "Basic Concepts" defines this concept as follows - "social partnership is the basis of relationships between workers (trade unions, their associations, associations), employers (their associations, associations), authorities, local governments in order to discuss, develop and make decisions on social and labor and related economic issues, ensure social peace, social development, based on international norms, the laws of the Russian Federation and Moscow and expressed in mutual consultations, negotiations, in reaching and concluding agreements, collective agreements and joint decisions by the parties. "We will not comment this definition, just to clarify that for the purposes of this manual, this definition very narrowly interprets social partnership as a relationship between workers (trade unions, their associations, associations), employers (their associations, associations), authorities, local governments. For the purposes of our handbook, a broader approach is required.
Therefore, we believe that the term "partnership" should be understood more broadly. And as an example, let's cite the most common understanding of partnership as "union of efforts of individuals or organizations to solve common problems and / or achieve a goal that is significant for all." This definition can be used in the education system and, based on it, develop an interaction program based on social partnership.
Therefore, it is necessary to use a broader view of social partnership as a way to solve a social problem, which:
provides for the interaction of representatives of all 3 sectors acting jointly;
implies an understanding of the joint benefit of each of the parties (and for society as a whole);
is based on the rules developed and adopted by the participants themselves;
is based on a sense of solidarity and responsibility of each participant.
In this manual, we use the most detailed definition of social partnership. So, "social partnership is a real interaction of two or more equal sides(persons and / or organizations) on the basis of an agreement signed for a certain time in order to resolve a specific issue (social problem) that in some way does not satisfy one or more parties and which is more effectively resolved by pooling resources (material, financial, human, etc.) .d.) and organizational efforts until the intended (desired) result is achieved, which is acceptable to all parties to the agreement.”
Let's take a closer look at each of the main provisions of this definition.
Firstly, the real interaction of several partners, that is, children's public organizations and student self-government bodies can only interact with each other or with the involvement of third parties (organizations, authorities, institutions, etc.). In addition, pay attention, especially from a pedagogical point of view, to the reality of this interaction, these should be real practical cases aimed at satisfying the interests of the parties involved in the interaction process.
Secondly, the partnership must be formalized in writing. This may be as simple as an agreement on a proposed social action or a wider ongoing event. We are well aware that it is easier for teachers to "organize and hold an event" than to deal with the execution of real cases and social actions. But precisely, from the point of view of the pedagogical effect, schoolchildren need to be gradually prepared for the registration of all joint actions and events in writing. An example of such an agreement is provided in the Annexes.
Thirdly, the contract or agreement on social partnership must have a clear time frame, that is, the start date and end date of the partnership. This approach disciplines the participants and helps them navigate the signed commitments.
Fourthly, this is a fundamentally important characteristic of social partnership, which is formalized "in order to solve a specific issue (social problem) that does not satisfy one or more parties in some way and which is more efficiently solved by pooling resources (material, financial, human, etc.). .d.) and organizational efforts…". It is this provision that should become central - that is, it is important to determine the social problem on which the "contracting parties" are going to work. And further - social partnership involves the unification of the efforts of both the children's public organization and the bodies of student self-government. In our case - human, organizational, material (for example, holding this or that event within the walls of our own school). But under certain conditions, it is quite possible to combine financial resources. In order for each of the parties to understand what its contribution will be (human, organizational, material, financial), it is necessary to fix their relationship in writing.
And, finally, fifthly, the agreement on social partnership is considered completed if the result planned by both parties is achieved, and at the same time, the result that is acceptable to all participants in the agreement.
A careful reading of the definition of social partnership makes it possible to realize that, on the one hand, this is a rather serious technology that requires significant preliminary efforts on the part of its organizers, but, on the other hand, it brings a very significant social, more importantly, pedagogical effect.
Let us briefly reveal the basic principles of social partnership:
respect and consideration of the interests of the parties to the agreement;
the interest of the contracting parties in participating in contractual relations;
compliance by social partners with the norms of the legislation of the Russian Federation, other regulations that guide the partners;
the availability of appropriate powers of the social partners and their representatives when negotiating and signing the partnership agreement;
equality and trust of the parties entering into social partnership relations;
non-interference in each other's affairs, which means that neither a children's public organization, nor student self-government bodies have the right to interfere in each other's internal affairs;
freedom of choice and discussion of issues within the scope of social partnership;
voluntary acceptance of obligations by social partners on the basis of mutual agreement;
the regularity of consultations and negotiations on issues within the scope of social partnership;
the reality of ensuring the obligations assumed by the partners, that is, only events provided with their own funds and resources should become the object of the partnership agreement;
the obligation to fulfill the agreements reached;
systematic control over the implementation of the agreements, treaties and decisions of each of the parties that signed the agreement adopted within the framework of the social partnership;
responsibility of the parties for non-fulfillment through their fault of the obligations, agreements, contracts, decisions;
compliance with the conciliation procedures provided for by the current legislation in resolving disputes.
Even a simple enumeration of these principles of social partnership indicates that this social technology is a very, very complex phenomenon. Nevertheless, we can recommend it for use in the education system, namely in working with children's public organizations and student self-government bodies. Despite the complexity of organizing social partnership, the results that the parties receive are many times greater than the pedagogical and organizational "costs".
The term "social partnership in education" - like the activity itself, received full recognition in modern Russia a few years ago.
Social partnership in education:
attracts society's resources for the development of the educational sphere;
helps to direct educational resources to the development of joint activities of any educational institution, its public self-organization and self-government, regardless of its type and type;
helps to accumulate and transfer the life experience of both the educational community and its partners in order to form the ability of community members to survive in the educational services market;
allows you to act effectively and successfully, keeping in mind the priority perspective common to all social partners;
is able to effectively coordinate joint activities with a clear understanding of the degree of responsibility of each partner;
allows you to provide assistance to needy members of the community;
to ensure that partners, remaining different from others, recognize the differences of individuals and organizations.
Let us briefly list the conditions necessary for the implementation of a successful social partnership:
development organizational culture partners and partnership culture;
the formed strategy of organizations (institutions), which implies partnership relations;
the humanitarian component of the content of the partnership;
an effective system of control, including in the field of financing;
wide information support of activities;
functioning of the mechanism of self-development of partner organizations.
When using the technology of social partnership in working with children's (youth) public organizations and student self-government, the above conditions should be taken into account, of course, with a certain pedagogical adaptation of each of them.
Firstly, it is adults who will have to systematically develop the foundations of organizational culture, develop partnership skills, creating appropriate situations for this, organizing practice, including in the field of real social interaction with various partners.
Secondly, the task of adults is to develop a strategy for the development of an educational institution or a children's public organization with the prospect of including children and older students in real partnerships. But at the same time, it is important to understand that schoolchildren themselves must gradually learn to develop a strategy for the development of their children's public organization and / or student self-government.
Thirdly, in no case should one ignore the "humanitarian component of the content of social partnership." This is all the more important when it comes to the inclusion of children in the social partnership. school age. For them, participation in social partnership should become a school of humanism and practical assistance to those who need the support of the young and strong.
And now let's move on to the presentation of the main components of the social partnership strategy, which are:
partnership thinking;
mutual complement;
share;
a variety of forms of association of partnership subjects;
phased use of partnership technologies.
Let's take a closer look at each of these components.
1. Partner thinking. Partnership thinking is the habit of seeing the best in a person, respect for the opinions of others, the desire to understand the other, the desire and ability to build social relations. The main thing in partnership is not to receive, but to plan what you are able to give to those who need your help and support. To be a partner means: to share the ideas of those with whom you agree on joint activities, to take an active part in the joint activities planned and formalized by the relevant agreement, independently choosing the type of this activity, fulfilling the obligations assumed.
To be a partner means to be able to take on specific obligations, providing them with available resources, to communicate constantly with partners who share the same ideas and have begun to implement the plan.
2. Mutual complementarity, or the "principle of mutual complementarity" in partnership means that within the framework of joint activities, in order to achieve the best result, everyone must do what he does better than others. If a children's (youth) public organization has worked out public relations of a given municipality, if the opportunity to directly contact the means mass media, then it may propose to carry out precisely this direction within the framework of the proposed agreement on social partnership. Then student self-government bodies, as partners signing a partnership agreement, should offer, for their part, some type of activity in which they have already "succeeded", for example, their own website to post the necessary information.
Such an association based on the principle of "mutual complementarity" significantly increases the effectiveness of social partnership. More broadly, following this principle, it is necessary to build relationships like:
- children's (youth) public organizations and student self-government bodies - business structures of various levels,
- children's (youth) public organizations and student self-government bodies state institutions different profile,
- children's (youth) public organizations and student self-government bodies - local self-government bodies, including departments (departments) of education,
- children's (youth) public organizations and bodies of student self-government - public organizations of various types and types.
Despite the apparent obviousness, the implementation of such an approach in practice requires considerable effort. And, as a rule, it is associated with the need to abandon the usual work patterns, established stereotypes, and is associated with overcoming, or rather "harmonizing" the personal ambitions of the leaders of youth public organizations and activists of student self-government. By adopting this principle, many partners from student self-government bodies can, in cooperation with children's public organizations, open up new opportunities both for themselves and for potential partners. It is this model that allows many public organizations to correctly navigate their activities.
3. Equity participation in ensuring joint partnership activities involves the pooling of resources in order to obtain a synergistic effect of the result, which cannot be obtained outside the partnership. Everyone contributes what he has. And, first of all, these are human resources, then finances, material resources, information, etc. If, for example, a children's (youth) public organization has effective programs of socio-psychological training for training leaders and there are competent trainers in its ranks, then it can offer student self-government bodies this very resource. And student self-government, having the necessary material resource- the premises of the school, including its assembly hall, can make a partnership contribution in "kind form".
Equity participation is fundamentally important for the implementation of social partnership technology, since partnership implies, first of all, the equality of the parties, while each undertakes to contribute its own resource or several resources within the framework of the signed agreement. Firstly, it emphasizes the equality of partners, each of which has a certain autonomy and availability of resources, which makes them self-sufficient. Secondly, by signing partnership agreements, the parties thereby assume certain obligations, including the provision of resources for the event that is the object of the agreement.
4. A variety of forms of association of partnership subjects. Several types of subjects participate or may participate in social partnership: state and municipal government, non-governmental non-profit organizations, commercial enterprises, budgetary organizations, and finally, just citizens, and in our case - children's (youth) public organizations and student self-government bodies. The degree of their interaction can be different, ranging from the exchange of information to the formation of joint partnerships - individuals and legal entities whose specially organized activities are aimed at the socio-economic development of the city, school, etc.
Forms of combining the efforts of partnership entities can be very diverse and significantly depend on specific conditions and local initiatives. It is strategically important to understand and, most importantly, to accept this diversity and initially abandon attempts to use uniform schemes and "tested" solutions. At the same time, it is important to understand that the basis of partnership is people, their participation in solving social problems, and the goal is to improve the quality of their lives.
So, social partnership is not a simple cooperation, where the main approach is the benefit of partners ("You are for me, I am for you", especially for business), it always has a third component - a social problem, which social partnership is aimed at solving !! !
Social partnership is not charity or philanthropy, that is, a manifestation of mercy, patronage, guardianship, patronage, intercession, guardianship - this is a personal active activity to solve identified social problems!!!
Social partnership is a special kind of social practice, the main goal of which is the development of the local community through the solution of specific social problems. real people and their communities on their own on their own initiative, including on the initiative of the activists of children's (youth) public organizations and associations and leaders of student self-government.
As an example of a real social partnership with the participation of a student self-government body and a children's public association, we will cite the text of the "Agreement on Cooperation and Interaction".
"Agreement on cooperation and interaction"
The city body of student self-government "School asset of the city", represented by the chairman, on the one hand, and the children's youth association "Young Inspector traffic", represented by the head, on the other hand, have entered into this agreement.
Guided by the principle of openness for cooperation, realizing that the expansion of mutually beneficial co-creation is in the interests of all participants in the social space and, if the parties wish to create appropriate organizational, economic, legal and other necessary conditions for this, the parties take the initiative to conclude the following agreement:
1. General Provisions
1.1. The agreement is concluded with the aim of mutually beneficial cooperation in the development of public youth movements and initiatives.
1.2. The agreement is the basis for the development of any joint initiatives, projects and programs, the operation of which is regulated by this agreement and additional agreements.
2. Tasks of cooperation
2.1. To form a single social space for the implementation of children's and youth initiatives.
2.2. Provide informational, organizational, activity support for youth initiatives within the interests of the parties.
2.3. Create conditions for the implementation of new relevant social projects.
3. Main areas of joint activity
3.1. Development of programs, projects, individual events for joint implementation.
3.2. participation in seminars, round tables, conferences, competitions and other events of an advisory nature.
3.3. Using the partner's capabilities to expand the information field.
3.4. Strengthening the positive image of the parties.
4. Relationship of the parties
4.1. The parties have the right to initiate the participation of the other party in their own events on agreed terms (as co-organizers, participants, consultants, observers, experts).
4.2. The Parties undertake to conduct a constant exchange of information on current activities and plans.
5. Additional terms
5.1. This agreement does not entail financial obligations.
5.2. Any financial relationship is regulated by separate agreements.
5.3. In the event of new circumstances, in the process of cooperation, the parties have the right to make additions to this agreement.
5.4. The agreement comes into force from the moment of signing and is valid for 3 years.
5.5. This agreement is made in 2 copies and is kept by the Parties.

1. Questions
1. How do you understand the term "social partnership"?
2. Name the basic principles of social partnership that must be taken into account when using this technology in working with children's (youth) public organizations and student self-government.
3. What does the concept of "partner thinking" mean? Why does it largely determine the meaning of social partnership?

2. Tasks
Task number 1. Organize a search for objects in the area of ​​​​your educational institution, microdistrict of residence, which can become the basis for social partnership. Based on the above "Cooperation and Interaction Agreement", make your own version, taking into account the specifics of the found object.

Task number 2. Think about the resources of your children's (youth) public organization or student self-government, which you can offer to implement the social partnership agreement, since one of the leading components is "Share in ensuring joint partnership activities." What can we offer from our side to interest partners?

3. Workshops
Workshop number 1. Study the text of the Cooperation Agreement between the Council of the City of Masters and the Council of Elders. It can be used as a model for the preparation of such agreements by your children's (youth) public organization with various social partners.
Agreement on cooperation between the Council of the City of Masters and the Council of Elders
Children's public organization "City of Masters" represented by the Council of the City of Masters, acting on the basis of the Charter, on the one hand, and the Council of Elders, consisting of representatives of the pedagogical and methodological communities of the GOUDOD "Computer Center for Technical Creativity" (CCTT), acting on the basis of the Charter, with the other parties, which are hereinafter understood as parties to the Agreement, have concluded this Agreement as follows:
1. The Subject of the Agreement.
1.1. This Agreement is concluded between the Parties in order to establish mutually beneficial cooperation in creating conditions for the realization of the right to independently manage one's own life.
1.2. The Council of the City of Masters assumes the following responsibilities:
make proposals to improve the lives of the citizens of the City on the territory of the KCTT;
create favorable conditions for the development of self-government;
inform about the activities of the City Council, about the life of citizens of the City of Masters.
1.3. The Council of Elders is committed to:
actively promote the activities of the Council of the City of Masters;
advise members of the City Council on legal and other issues;
assist in the organization and conduct of various actions, cases, events;
take into account the opinion of the Council of the City of Masters when organizing the educational process.
1.4. This Agreement may be a prerequisite for the conclusion, in cases where the Parties deem it necessary, additional agreements or agreements related to the improvement of conditions for the development of children's and youth self-government.
2. Duration of the Agreement.
2.1. This Agreement shall enter into force from the moment of its signing, has an indefinite period of validity and may be terminated at any time by the decision of at least one of the Parties. At the same time, the Party that decides to terminate the Agreement undertakes to notify the other Party in writing. If, within 30 days after sending the said message, the Party initiating the termination of the Agreement does not change its decision, the Agreement shall be deemed terminated. This Agreement cannot be terminated if at the moment there are other Agreements or Agreements between the Parties concluded on the basis of this Agreement or referring to it.
3. Other terms.
3.1. The parties have the right to enter into any agreements, contracts and agreements with other legal entities. If at the same time the subject of the agreement, contract, agreement with a third party is related to the Subject of this Agreement, then the initiating Party is obliged to inform the other Party about this.
3.2. The Parties undertake to maintain the confidentiality of information received from each other during the exchange of information under this Agreement, as well as in the course of performing specific work.
3.3. The partners undertake to satisfy each other's claims as soon as possible and resolve all disputes through negotiations, guided by the principle of mutual respect, mutually beneficial equal cooperation.
3.4. Issues not regulated in this Agreement are governed by the norms of the current Russian legislation.
3.5. The Agreement is made in two copies, one for each party. Both copies are equally valid.
3.6. The following representatives of the Parties have been appointed to carry out contacts between the Parties and resolve current issues under this Agreement.

Workshop number 2. Read the Regulations below. Define what it is: a children's public organization or a body of student self-government? What advice can you give to the authors of the document so that it takes a form corresponding to one of the laws "On Public Associations" or the Law "On Education"?

Regulations on the Children's Association "Senior School Student" MOU Gymnasium No. 10
This Regulation has been developed on the basis of the following documents:
Convention on the Rights of the Child and the Constitution of the Russian Federation;
Conceptual provisions approved by the collegium of the Ministry of Education of Russia dated April 14, 1993 No. 6 \ 1;
Regulation "On the support of children's educational organizations in the Russian Federation" dated 05.05.96 No. 12\1;
"Basic directions and action plan for the implementation of the program for the development of education in the education system of Russia for 2002-2004" dated 25.01.02 No. 193;
Letter of the Ministry of Education of the Russian Federation "On strengthening educational work with children and youth" dated 04/01/2002 No. 30-51-221 / 20;
Government program patriotic education citizens of Russia (2005 - 2009).
1. General position: The children's association "Senior pupil" is a voluntary formation of children in grades 8-11 and adults for joint activities that satisfy their social needs and interests. The children's association "Senior pupil" of the gymnasium No. 10 is part of the regional organization "Union of Children's Associations" of the Kirovsky District.
2. The purpose of the association: To form in students the foundations of civil law and political culture, the foundations of an active life position, the ability for civil self-government through the introduction of personality-oriented technologies into the educational process.
3. Tasks of the children's association:
Continue work on the creation of a unified civil legal educational space through the system of self-government;
To promote the development of an independent creative personality through a system of differentiation and individualization of the educational process.
4. The structure and main directions of the content of the association.
The work is supervised by the Presidential Council (commanders of grades 8-11, social activists, members of the city youth public organization "Youth of the City", members of the regional public organization "Participation").
The president heads the Presidential Council. The president:
must be aware of the affairs of the gymnasium and always by his example involve others in the organization of all events;
has the right to attend all administrative meetings in person and with a voting right;
is a member of the jury of all events, except for those where he takes part;
together with the Department of Education and the Presidential Council, he oversees all the affairs of the gymnasium;
takes part in the planning of educational work in the gymnasium and its adjustment during the year.
Presidential Council:
performs the functions of a jury in the development of conflicts and complaints;
has the right to involve any child in his work if necessary;
takes part in the planning of educational work in the gymnasium.
There are five ministries under the Presidential Council:
Ministry of development of interest in knowledge and creativity.
Ministry of Patriotic Education.
Ministry of Ecological Education.
Ministry of Healthy Lifestyle.
Ministry of Leisure.
5. The order of initiation into "Senior students".
Students of gymnasium No. 10 can become members of the children's association, starting from the 8th grade. Admission of students to the members of the children's association is carried out at the holiday "Dedication to high school students" in the first week of October every year.
The procedure for leaving the children's association is carried out voluntarily on the basis of an oral application.
Attributes.
Motto: Burn yourself and light others.
Symbolism: the name "Senior student".
Emblem: A free person carrying the ideas of friendship, peace and kindness. Colors: blue, white, red, green.
Traditions: Teacher's Day, Autumn Ball, Health Day, Fair, Shrovetide, Honors Ball, Miss Gymnasium, Last Bell, Graduation Party.
6. The rights of high school students: Members of the association have the right to:
enter and leave the association during the academic year;
demand humane treatment from other members of the association;
participate in the preparation and conduct of school-wide affairs;
defend your opinion when discussing scenario plans, regulations, business plans, etc.
participate in meetings of the large Council, meetings with the director and deputy director for educational work, where issues related to the life of high school students are discussed;
hold events within the association and take part in them.
Association members do not have the right to:
humiliate dignity, ridicule the weaknesses of other people;
consider themselves in a privileged position compared to students who are not part of the association.
7. Responsibilities of high school students:
observe and fulfill the uniform requirements of gymnasium students;
comply with the decisions of the governing bodies;
show an example of proper appearance;
be disciplined maintain general order at school.
8. Organization of the work of the children's association. The activities of the association are based on the principles of openness, equality, and self-government. The tasks set are realized through the work of the Presidential Council, the "Business Game". Through a business game, self-government develops in a team of students.
Self-government ensures the involvement of students in solving significant problems, forms social activity promotes leadership development. As a result of children's self-government, students independently:
define the problem;
looking for ways to solve it;
make decisions;
organize their activities for its implementation.
9. Documentation of the association: program for the development of an educational institution; educational program "Chance"; regulation on children's association; legislative acts; meeting minutes; work plan; printed organ "Big change"; self-government corner; declaration of the rights and norms of behavior of students.
10. Expected results: Prepare leaders of the youth movement from among the children's activists, form the foundations of civil law and political culture among students, educate a citizen living in the interests of the planet, a patriot of the Motherland.

A labor partnership has two sides: employees and employers. The former want social guarantees, worthy remuneration, and a proper level of security. The second wish to reduce costs, including through savings on staff. When the parties converge in dialogue, they need to reconcile their opposing interests and find a solution that suits everyone.

In real life, social partnership is a system of relationships between representatives of the warring parties. The translators of the interests of the staff are:

• trade union organizations created by them;
• other representatives elected on a voluntary basis by voting.

The interests of the employing company are called upon to lobby:

• officials authorized to do so by the company's internal documents;

• associations of employers operating at different levels: from local to federal;
• other representative structures (for example, for schools, hospitals, these are executive authorities of the appropriate level).

The concept of social partnership assumes that representatives of both parties protect the interests of their “wards”. For this they:

• form and defend a single position;
• initiate and conduct collective bargaining;
• enter into agreements with the other party;
• supervise their implementation;
• appeal to power structures with a legislative initiative;
• participate in the development of state programs, etc.

Power structures are recognized as subjects of the partnership system only to the extent that they themselves act as employers for their personnel. For the rest, they are assigned the role of coordinators or "arbitrators", entering into a dialogue when bilateral negotiations have reached an impasse.

The state is also not included in the system and does not participate in the dialogues. Its task is to provide legislative framework, minimum guarantees for hired specialists, create conditions for the development of social partnership bodies.

What forms does the partnership take?

The system of social partnership involves the following forms of implementation, formulated in:

1. collective bargaining

This is a dialogue between staff representatives and company administration. It can be initiated by any of the parties on issues related to the position of employees, the conditions of their employment. Participants express their own positions and come to a common denominator, which is fixed in the form of a collective agreement or an internal act of the company.

1. Involvement of personnel in management activities

Social partnership in an organization suggests that hired specialists can take the initiative to improve business processes, proposals regarding employment conditions. At the federal level, this manifests itself in the form of the participation of trade unions in the coordination of bills related to the labor sphere.

1. mutual consultation

These are negotiations of the parties and explanations on those issues that seem disputable to them. For example, a trade union may ask the administration for an explanation of the reasons for the dismissal of an employee.

1. Labor disputes

If one of the employees or the staff as a whole is dissatisfied with the decision of the management, he has the right to initiate a dispute. An independent commission composed of representatives of the parties will act as an arbitrator.

What are the principles of interaction?

The concept and system of social partnership imply the following principles of interaction between the parties:

• equal rights - any subject of the system can initiate a dialogue;
• respect for the interests of employees and employers
• the ability to independently choose issues for discussion;
• compliance with the law;
• voluntary decision-making;
• feasibility of obligations assumed by the subjects of legal relations;
• responsibility for the implementation of the agreements reached.

Social partnership at the enterprise involves an open and civilized dialogue. The parties put forward their demands, agree on positions and make a decision that suits them and is feasible in practice. The negotiation method helps to reduce social tension, avoid open conflicts, strikes and other extreme forms of discontent.

Examples of social partnership

To understand the mechanism of partnerships, it will be useful to analyze the life situations associated with it.

An employee employed by the company, together with salary issue several of its shares. He understands that in case of successful activity this year he will receive a solid income. This encourages the specialist to work more efficiently, take the initiative to streamline the process, and not just sit out working hours.

The administration of the enterprise wants to dismiss the employee due to inconsistency with the position held. This step must be coordinated with the trade union organization established at the enterprise. She has the right to challenge the decision or ask for explanations for such a decision.

The company plans to suspend labor activity due to unsatisfactory financial performance. The concept of the principles and aspects of social partnership suggest that since this measure worsens the conditions for staff, it must be notified to the trade union in advance. According to Art. 12 FZ-10, the decision must be reported at least three months before implementation. Representatives labor collective and the administration of the company are negotiating the current situation.

The company adopted a collective agreement that introduces additional benefits for employees (quarterly bonuses, extended vacations). The draft agreement was considered by the trade union and the board of the company and supported by both parties.

The theory of social partnership has been put into practice in many countries of the world and has proven its effectiveness. it effective way regulate relations between employees and employers, reach an agreement without open conflicts and extreme measures.

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Lecture 7. Social partnership in public relations

1. Social partnership as a type public relations

2. Welfare state in the system of social partnership.

3. Tripartist mechanism of social partnership.

Society is a hierarchical system. The problem is that the composition of participants at different levels of social interactions is diverse and each of them chooses (makes a choice) what and how to do: makes a decision and comes to terms with its consequences. In general, participants are guided by conflicting values ​​at the same time, which creates situations: 1) confrontation (conflict) of interests; 2) competition (competition); 3) social inequality. These phenomena constitute the universal properties of society, and therefore the task is to learn to "live together" and manage social processes in these conditions.

AT social environment there is a fan of states from cooperation to confrontation. Cooperation is characterized by social interaction of partners on the basis of mutual benefit in achieving a common goal and solving common problems. It has features of consent, mutual understanding and trusting relationships.

On the contrary, confrontation is characterized by social interaction, accompanied by a clash of opposing interests and coercion. It has features of disagreement, rivalry and conflict.

The main ways to resolve conflicts are consensus (consent) and convergence (interpenetration) based on pragmatic sanity, tolerance for dissent, respect for its bearers as partners in the search for truth. One of the mechanisms is a compromise as a voluntary surrender of the positions of each of the parties to the conflict in order to achieve a common goal. Thus, the confrontational possibility of conflict development is reduced (removed): the resulting balance of interests constitutes a social vector that contains reconciling and bringing together principles.

On a compromise basis, cooperation is achieved, turning into social partnership is a civilized form of social relations, which is a legitimate voluntary coordination of opposing interests, coordination (protection) of the efforts of various social groups, their public associations, organizations and power structures in solving certain socio-economic problems, achieving a common position (social consensus) through negotiations, mutual consultations and the conclusion of relevant agreements (contracts).

The subjects of social partnership are: a) representatives of the state - executive bodies authorities; b) representatives of capital - entrepreneurs, shareholders, employers and their public associations; c) representatives of labor - employees and their diverse professional associations; d) non-governmental non-profit organizations that contribute to meeting the non-material needs of citizens (groups of the population) in need of social protection.

Social partnership is based on:

a) on legislative acts developed with the participation of all contracting parties;

b) on social institutions through which a common agreement is reached - tripartite conciliation commissions, collective agreements;

c) equal responsibility of the parties capable of ensuring the undertaken contractual obligations.

Social partnership is characterized by the following features:

1. The presence of "interest groups" (corporatism) among the interacting parties, which pursue not only opposite, but also coinciding goals.

2. The relations of the interacting parties are oriented towards achieving a mutually beneficial "balance of interests" through agreements (consensus), and not towards confrontation.

3. Civilized resolution of contentious issues (conflicts) with the direct and equal participation of those concerned.

4. Obligation and equal responsibility of the parties for the execution voluntarily decisions taken(agreements, contracts, etc.).

5. The authority of representatives to negotiate, conclude agreements and implement them.

6. Availability of a legal framework for negotiating and monitoring the implementation of agreements and obligations.

This cooperation social forces may be compulsory or voluntary. The latter is formed on the basis of profit: people link their interests and lives because it is beneficial for them. This is the essence of social exchange as a mandatory component of social partnership.

Non-commercial activity. One of the varieties of social partnership is associated with the activities of non-profit organizations (non-profit) - NPOs operating in the socio-cultural sphere and replacing budget-funded institutions. The activities of NPOs are aimed at providing socially significant services to beneficiaries not for the purpose of obtaining economic profit, but the implementation with altruistic motives of charitable actions, medical care, support educational programs, environmental protection, etc. For power structures, this is an enviable partner who takes care of targeted social assistance to certain groups of the population using extrabudgetary funds.

The main problem for NGOs is finding the necessary funds for their voluntary socially useful activities. At the same time, there is a combination of financial and material sources. On the one hand, this is a search for strong sponsors (franchising), on the other hand, it is the organization of own activities that generate income (up to 50%).

A non-commercial type of social partnership brings mutual benefits. Firstly, NPOs provide assistance to the population and government agencies (social effect): members of the organization, in achieving their goals, receive moral satisfaction in the behavioral response of those who are provided with socially significant services. Secondly, business structures (volunteers) for sponsoring the activities of NGOs receive advantageous social characteristics for themselves - reputation, prestige, authority in public opinion and public attitude towards them. Thirdly, the most versatile method state support NPOs are tax and non-tax benefits (customs, use of state property, etc.).

Social partnership as a new phenomenon in public life has been actively developing and establishing itself since the 1950s. with the regulatory role of the social and legal state.

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

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

More about different interpretations of the concept

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

According to another aspect of understanding, social partnership provides a solution to socio-economic problems and the settlement of disputes between employees and employers. These two points of view do not contradict each other, therefore, for the breadth of understanding of the system, it is possible to take into account the global and specific interpretation. Social partnership cannot fully exclude fluctuations in the labor sphere due to class differences. It only softens the confrontation.

Importance of social partnership

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

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

Principles of social partnership

Social partnership regulates the interests of the state, business and employees in the labor sphere. Its direct function is to stabilize relations in society, which contributes to maintaining balance and peace. The system has an impact on the development of civil society and democracy in the economy, ensures socio-economic security and justice in resolving conflicts in the labor niche.

The main principles of social partnership are the following:

1. Any party can initiate negotiations (equality).
2. The interests of all participants are taken into account.
3. Legislation provides an opportunity to negotiate independently on many issues.
4. The state strengthens the democratic component of social partnership through the creation of special assistance bodies.
5. The signing of the contract requires the parties to comply with the clauses drawn up taking into account the norms of labor law and prescribed in the legislation, as well as other legal acts.
6. The appointment of representatives of the parties takes place with the help of a meeting of employees and the preparation of a protocol (delegation of the trade union) or an order (participants from the employer). As a result, the elected acquire the authority to defend interests.
7. The choice of questions to be discussed depends on the participants. The principle of social partnership is freedom of choice.
8. The obligations of the parties are accepted voluntarily, without pressure, they must be real, that is, within their power.
9. Collective agreements require inevitable implementation. This is controlled by the supervisory authorities.
10. In case of non-fulfillment of obligations, administrative responsibility arises, which is established at the conclusion of the contract.

Functions

The processes taking place in the social and labor sphere ensure the stability of the economy and the politics of society and contribute to the development of democratic institutions. The principles of social partnership in the world of work are focused on the elimination of a radical approach to solving problems. This is the aim of the world practice and activities of the ILO (International Labor Organization). The task is to conduct a constructive dialogue, taking into account the interests of all participants.

The coordination of various social and group interests, the settlement of contradictions, conflicts and their prevention through the methods of social partnership contribute to peace, the development of the economy and public order.

History of occurrence

The development of social partnership began with the emergence of the ILO. In Russia, this system was fixed after the appearance of Decree No. 212 of 11/15/1991. It is based on the resolution of labor disputes, discussion and drafting of agreements.

Forms of social partnership

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

Examples of social partnership action

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

Depending on the options for the development of negative phenomena, various forms of social partnership are used, which are described in detail in the Labor Code (Article 27). The system operates at the level of the organization in a bilateral form. If coordination of the problem is required at the state level, then this type is called tripartite. Coordination of problems is allowed with local (territorial, regional), sectoral and / or national authorities.

A commission has been organized in Russia, which includes representatives of trade union associations, employers and the government. The structure performs the functions of regulating social and labor relations. In the subjects of the state, there are also opportunities for organizing commissions of various levels, functioning on the basis of the laws of the Russian Federation and special instructions approved by local governments.

The role of the state

The state takes a special role in regulating social partnership:

1. Controls the law.
2. Adopts new legal acts.
3. Determines the features of the organization of associations of workers and employers.
4. Establishes the forms and methods of interaction between partners, the legal framework for their activities and the legislative regulations.
5. Acts as a mediator in conflict resolution.
6. Is a social partner in the design collective agreements special level.
7. Creates conditions for creating associations between employees and/or employers.

The main task of the state

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

In what case do state bodies assume certain obligations other than legal regulation? If they act as employers (in relation to state or state-owned enterprises). The owner of the property may be local or state authorities. The directorate of enterprises performs the functions of managing the economy.

Social partnership: principles, levels

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

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

The operating principles of social partnership must function in accordance with the law at any level.

Conclusion

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

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