This is one of the inalienable rights of workers of various companies, enterprises, institutions, which is enshrined in the Labor Code of the Russian Federation. The conversation is about the right to participation of employees in the management of the organization. In the article we will consider the legislative regulation of this issue, the forms of management allowed by the Labor Code. Let us analyze how exactly such participation takes place, what effect it has on the activities of the organization. We will also pay attention to the formation of this kind of rights, which, first of all, is associated with the emergence of trade unions.
The participation of employees in the management of the organization is regulated by Ch. 8 of the domestic Labor Code. It is all about this topic. In particular, this is Art. 52, 53 and 53.1.
The following is directly addressed:
- The right for employees to participate in the management of the organization.
- Basicvarieties of such participation.
- Participation of employee representatives in meetings of governing collegiate bodies with the right to consultative vote.
Participation of employees in the management of an organization is one of the most common forms of social partnership. As a rule, it is carried out by the representative bodies of the workers. The fact that this rule is enshrined in Russia by law is an important guarantee of the possibility of its implementation by employees of any enterprise, institution, firm.
The first voluntary associations-organizations of workers appeared in the middle of the 18th century in England. Trade unions were created to represent workers and protect their rights in labor relations. Another goal of these organizations is to represent the socio-economic interests of workers.
In Russia, the first representative organizations to protect the rights of workers arose at the end of the 19th century. In 1875-1876. In Odessa, the South Russian Union of Workers was created. Then similar organizations emerged in Moscow and St. Petersburg.
In the USSR, the All-Union Central Council of Trade Unions (AUCCTU) was created in the summer of 1918. After the collapse of the Union in 1991, the AUCCTU was transformed into the General Confederation of Trade Unions.
The right of employees to participate in the management of the organization is considered in two ways - narrow and broad.
In a narrow sense, this is the influence of workers of any organizations through their own representative bodies on decisions madeemployers. The right is limited by the framework of labor and collective legal relations.
In a broad sense, this right is exercised within the limits of individual legal relations. Here it will consist in obtaining information by individual workers from their employer, making proposals on their behalf to improve the organization of labor and production.
What is the right?
The right of employees to manage the organization also lies in the fact that they can require the employer to provide information on the following issues:
- Reorganization/liquidation of the organization.
- The introduction of all sorts of technological changes that may lead to a change in working conditions.
- Preparation of additional vocational education for workers.
- Other issues that are implied by the current Labor Code, federal laws, constituent documents of companies, collective contracts, local documents and agreements.
If we talk briefly about the forms of participation of employees in the management of the organization, then the representatives of the workers have the right to make appropriate proposals on the above issues to the governing bodies of the organization. They also have the right to participate in meetings devoted to the consideration of these issues.
Obligation of the employer
Next, we will consider what are the forms of participation of employees in the management of the organization. To do this, you need to know what the employer is obliged to do to implementthe rights of their employees to manage the organization. This is the provision of information on the following issues:
- General conditions of employment, recruitment, transfer and dismissal of workers.
- Responsibilities that are subject to execution in various positions, places of specific work in the structure of the organization.
- Vocational training opportunities and career advancement opportunities.
- General working conditions for all workers.
- Safety regulations, instructions for the prevention of occupational diseases and accidents during the performance of official duties.
- Procedures for dealing with complaints, practices for deciding on them, rules for the application of such decisions, conditions that give the right to resort to them.
- Social and household services for the team. Such as: medical care, food, housing, recreation, savings, employee banking, etc.
- Social security and welfare system.
- Status of national welfare systems applicable to workers in this organization.
- General position of the employer's organization in the economic system, prospects for its further development.
- Explanation of those decisions that may indirectly or directly affect the situation of the company's employees.
- Consultations, discussions and other kinds of interactions between representatives of the administration and representatives of the working team.
Forms of participation of employees in the management of the organization
What does Russian labor law prescribe here? The forms of participation of employees in the management of the organization are as follows:
- Taking into account the opinion of a representative organization of employees in cases that may be provided for by the Labor Code of the Russian Federation, a collective agreement and other local agreements.
- Conducting consultations with the employer by a representative association of workers on various issues of adoption of normative internal documents.
- Obtaining information from employers on issues that directly affect the interests of workers.
- Discussion with the employer of issues on the activities of the company, making suggestions for improving its work.
- Discussion of the company's economic and social development plans by representative bodies of workers.
- Participation in the development and adoption of the collective agreement.
- Participation of representatives from workers in meetings of governing collegiate bodies with an advisory vote in accordance with the current provisions of the Labor Code, Russian federal laws, constituent documents of the organization, internal regulations, local documents of the enterprise, as well as collective agreements and contracts.
- Other ways of managing the organization by employees. They are determined by the Labor Code of the Russian Federation, the Federal Law, constituent documents of employers, local regulations, internal documentation.
Let's consider further the main forms of participation of employees in the management of the organization morein detail.
Taking into account the views of trade unions
The Labor Code expressly enshrines the obligation of the employer to make individual decisions only when taking into account the opinion of a representative association of his workers. This main form of participation of employees in the management of the organization is enshrined in Art. 8 of the Labor Code of the Russian Federation. In the cases provided for by this Code, the Federal Law, local acts of the company, the employer, when adopting regulatory internal acts, must take into account the opinion of the trade union.
This method of taking into account the opinion of the representative body of workers is enshrined in law, which is why it cannot be arbitrarily changed or canceled by employers. Hence the demands made by trade unions are binding on employers. If the latter adopt an internal act in violation of Art. 8 of the Labor Code of the Russian Federation, it will be called invalid.
The choice of such a measure of influence as taking into account the opinions of workers allows us to take into account the interests of each worker to the fullest extent. It is not the desire of employees to limit their employer in making decisions.
As for internal documents, this form of participation of employees in the management of an organization (educational, industrial, commercial, etc.) can be reflected in a collective agreement. This document may limit the employer's sole acceptance of local regulations.
It should be noted that the collective agreement is a paper that must take into account the interests of both parties,employer and workers. Accordingly, it is valid if they both agree with the conditions specified in the document.
Thus, the adoption of a normative local act is possible not if the trade union expresses its motivated opinion. And only with the consent of this representative body - a written document, which indicates the opinion on the legality, necessity, expediency of approving this act in this edition.
If such consent is not received, then under Part 4 of Art. 8 of the Labor Code, the normative internal document will not be binding on workers.
The employer does not have the right to accept local documents, the provisions of which contribute to the deterioration of the position of its employees compared to the current Labor Code, the collective agreement.
The legislator makes it necessary to take into account the opinion of representative organizations of workers, but also makes it dependent on the following conditions:
- Decisions or acts, in the approval of which it is necessary to take into account the opinion of representative bodies, must contain the provisions of labor law. That is, to create, modify or terminate an employment relationship.
- Taking into account the opinions of professional representations is necessary only in specific cases, which are stipulated by the Labor Code of the Russian Federation, local regulations or a collective agreement.
The participation of employees in the management of the organization is clearly provided for by labor law. But at the same time, the employeris endowed with very broad rights to adopt internal administrative acts, which may affect the interests and rights of its workers. Trade unions and other representative bodies of employees should carefully consult with employers so that the acts adopted by the latter do not worsen the situation of workers provided for by earlier documents.
If it was found that the rights of employees were violated under Art. 74 of the Labor Code, the representative body has full authority to appeal against the actions of the employer by contacting the labor inspectorate.
Forms of participation of employees in the management of the organization (educational, social, industrial) are also based on other regulations, except for the Labor Code. In this case, it is ILO Recommendation No. 94 on consultation between employers and workers.
It clarifies that certain measures must be taken to facilitate such consultations as a form of cooperation between workers and employers. Here are considered issues of interest to both sides.
The legislation also recommends making appropriate decisions that stimulate both consultations and the creation of an atmosphere of mutual respect and cooperation between social partners.
If, after consultation with a representative association of employees, the parties did not come to an agreement, then the employer retains the right to adopt local regulations, and the trade union to appeal these decisions to the State Labor Inspectorate. Or, according tolegislation, initiate a labor dispute.
Obtaining information affecting interests
Speaking, for example, about the participation of teaching staff in the management of an educational organization, it is necessary to note such a right as receiving full data from the employer. Those that affect the interests and rights of the working collective. This is also important in the collective bargaining regulation of working relations.
If employees and their representatives do not have information about the further development of the organization, the introduction of new technologies and methods of production / operation / service, then this affects the degree of their legal protection, as well as the content of collective agreements, the essence of negotiations with employers.
Employees should not forget that they have the right to demand this kind of information to exercise their rights. Such a right consists in the fact that they can receive, free of charge and without hindrance, both from their employers and from their associations and associations, state and municipal authorities, information on social and legal issues.
The timeliness of obtaining such data affects the development strategy of trade unions, their choice of priority vectors of activity, and so on. In the future, employee representatives should always strive to expand the list of issues on which information should be provided by the employer. In this endeavor, in addition to the TC, they can also be guided by Recommendations No. 129 "Oncommunications between the administration and workers…"
Discussions on development issues
The article on the participation of employees in the management of the organization also says that directly each worker can make either the employer himself or his representative a proposal to improve the activities of the organization, implement technological processes, optimize work.
The same authority can be exercised by workers' representatives on behalf of the entire team. In particular, this may concern the prevention of mass layoffs, the organization of general staff training.
Discussion of economic and social development
Here it is important to clarify that, in essence, such a discussion will not be a social partnership. After all, it does not imply the participation of the second party - the employer or his representative.
Participation in the development of collective agreements
At its core, a collective agreement is a legal document that (within the framework of the agreement of the parties) can include conditions that are beneficial for employees, defining benefits in relation to them, as well as methods of exercising the rights of workers that are not enshrined in labor legislation to manage the organization.
Collective agreements also contain provisions on the lists of information provided by the employer. Cases are stipulated in which management decisions, local regulations are adopted only with the consent of the trade union.
Participation in meetings
This right has been presented to the representative bodies of workers since August 2018. The right of representatives of workers to participate in meetings of collegiate governing bodies with the right of an advisory vote is established by the constituent documents of the organization, internal regulations or other agreements.
At the same time, representatives from employees bear full responsibility for disclosing official, commercial or state secrets that have become known to them. The very fact that during the meeting the representatives of the working team will become aware of such a secret cannot become a condition preventing their participation in the event.
The decision to appoint authorized representatives from employees to participate in meetings is determined by the relevant protocol, which is sent to the head of the company.
In the Russian Federation, the participation of workers in the management of the organization is reflected in a separate chapter in the Labor Code. We have analyzed the main forms of such participation, their features.