Trade union - what is it? Russian trade unions. Law on Trade Unions

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Today, the trade union is the only organization designed to fully represent and protect the rights and interests of employees of enterprises. And also able to help the company itself control labor safety, resolve labor disputes and instill employee loy alty to the enterprise, having the opportunity to teach them production discipline. Therefore, both the owners of organizations and ordinary employees need to know and understand the essence and characteristics of the trade union.

Union concept

A trade union is an organization that unites employees of an enterprise to be able to resolve issues that have arisen related to their working conditions, with their interests in the field of professional activity.

Every employee of an enterprise that has this organization has the right to join it on a voluntary basis. In the Russian Federation, according to the law, foreigners and stateless persons can also obtain membership in a trade union, if this does not contradict international treaties.

Meanwhile, every citizen of the Russian Federation who has reached the age of 14 andemployed.

In the Russian Federation, the primary organization of trade unions is enshrined in legislation. It means the voluntary association of all its members who work in one enterprise. Trade union groups or separate trade union organizations by workshops or departments can be formed in its structure.

Primary trade union organizations can unite into associations according to the branches of labor activity, according to the territorial aspect or any other sign that has work specifics.

The association of trade unions has the full right to interact with trade unions of other states, conclude agreements and agreements with them, and create international associations.

Types and examples

Trade unions, depending on their territorial characteristics, are divided into:

1. All-Russian trade union organization, uniting more than half of the employees of one or more professional industries, or operating on the territory of more than half of the constituent entities of the Russian Federation.
2. Interregional trade union organizations linking members of trade unions of one or more industries on the territory of several constituent entities of the Russian Federation, but less than half of their total number.
3. Territorial organizations of trade unions, uniting members of trade unions of one or more constituent entities of the Russian Federation, cities or other settlements. For example, the Arkhangelsk regional trade union of aviation workers or the Novosibirsk regional public organization of the trade union of workers in the field of public educationand science.

All organizations can unite, respectively, into inter-regional associations or territorial associations of trade union organizations. And also to form councils or committees. For example, the Volgograd Regional Council of Trade Unions is a territorial association of regional organizations of all-Russian trade unions.

Another striking example is the associations of the capital. Moscow trade unions have been united by the Moscow Federation of Trade Unions since 1990.

Depending on the professional sphere, it is possible to single out trade union organizations of different speci alties and types of activity of workers. For example, the trade union of education workers, the trade union of medical workers, the trade union of artists, actors or musicians, etc.

Union charter

Trade union organizations and their associations create and establish charters, their structure and governing bodies. They also independently organize their own work, hold conferences, meetings and other similar events.

The charters of trade unions of enterprises that are part of the structure of all-Russian or interregional associations should not contradict the charters of these organizations. For example, the regional committee of trade unions of any region should not approve the charter, which contains provisions that are contrary to the provisions of the interregional trade union, in the structure of which the first mentioned organization is located.

In this case, the charter should include:

• name, goals and functions of the trade union;
• categories and groups of employees to be merged;
• the procedure for changing the charter, makingcontributions;
• rights and obligations of its members, conditions for admission to membership of the organization;
• union structure;
• sources of income and property management;
• conditions and features of the reorganization and liquidation of the union of workers;
• all other issues related to the work of the union.

Registration of a trade union as a legal entity

The trade union of workers or their associations, according to the legislation of the Russian Federation, can be state-registered as a legal entity. However, this is not a prerequisite.

State registration takes place in the relevant executive authorities at the location of the trade union organization. For this procedure, the representative of the association must provide originals or notarized copies of the charter, decisions of congresses on the creation of a trade union, decisions on the approval of the charter and lists of participants. After that, a decision is made on assigning the status of a legal entity. persons, and the data of the organization itself are entered into a single State Register.

A trade union of educational workers, industrial workers, workers of creative professions or a similar association of any other persons may be reorganized or liquidated. At the same time, its reorganization must be carried out in accordance with the approved charter, and liquidation - with federal law.

A trade union can be liquidated if its activities are contrary to the Constitution of the Russian Federation or federal laws. Also in these cases, a forced suspension of activities for up to 12 months is possible.months.

Legal regulation of trade unions

The activities of trade unions today are regulated by the Federal Law No. 10 of January 12, 1996 "On trade unions, their rights and guarantees of activity." Last modified on December 22, 2014.

This draft law establishes the concept of a trade union and the basic terms associated with it. It also defines the rights and guarantees of the association and its members.

According to Art. 4 of this Federal Law, its effect applies to all enterprises located on the territory of the Russian Federation, as well as to all Russian firms that are abroad.

emergencies, there are separate relevant federal laws.

Functions

The main goal of the trade union, as a public organization for the protection of workers' rights, is, respectively, the representation and protection of social and working interests and the rights of citizens.

A trade union is an organization designed to defend the interests and rights of employees in their workplaces, improve working conditions for workers, achieve decent wages, interacting with the employer.

The interests that such organizations are called upon to defend may be decisions on labor protection,wages, layoffs, layoffs, non-compliance with the Labor Code of the Russian Federation and individual labor laws.

All of the above refers to the "protective" function of this association. Another role of trade unions is the function of representation. Which lies in the relationship between trade unions and the state.

This function is the protection of the rights of workers not at the enterprise level, but across the country. Thus, trade unions have the right to participate in the elections of local self-government bodies on behalf of the workers. They can take part in the development of state programs for labor protection, employment, etc.

To lobby for the interests of employees, trade unions work closely with various political parties, and sometimes even create their own.

Organization rights

Trade unions are organizations that are independent of the executive branch and local governments and management of the enterprise. Along with this, all such associations without exception have equal rights.

The rights of trade unions are enshrined in the Federal Law of the Russian Federation "On trade unions, their rights and guarantees of activity".

According to this Federal Law, organizations have the right to:

• protecting the interests of workers;
• introducing initiatives to the authorities for the adoption of relevant laws;
• participation in the adoption and discussion of bills proposed by them;
• unhindered visits to workers' workplaces and receipt of all social and labor information fromemployer;
• collective bargaining, conclusion of collective agreements;
• an indication to the employer of his violations, which he is obliged to eliminate within a week;
• holding rallies, meetings, strikes, putting forward demands in the interests of workers;
• equal participation in the management of state funds, which are formed at the expense of membership fees;
• creating our own inspections to control working conditions, compliance with collective agreements and environmental safety of employees.

Trade union organizations have the right to own property such as land, buildings, he alth resorts or sports complexes, printing houses. And they can also be owners of securities, have the right to create and dispose of cash funds.

In the event that there is a danger to the he alth or life of workers at work, the chairman of the trade union has the right to demand that the employer fix the problem. And if this is not possible, then the termination of the work of employees until the violations are eliminated.

If the enterprise is reorganized or liquidated, as a result of which the working conditions of employees worsen, or workers are laid off, the management of the company is obliged to inform the union about this no later than three months before this event.

With the help of the social insurance fund, professional associations can carry out recreational activities for their members, send them to sanatoriums and boarding houses.

The rights of unionized workers

Of course, first of alltrade unions are necessary for workers of enterprises. With the help of these organizations, by joining them, the employee receives the right:

• for all collective bargaining benefits;
• to assist the trade union in resolving contentious issues on wages, vacations, advanced training;
• to receive free legal aid if needed in court;
• for the assistance of the trade union organization on the issues of professional development;
• for protection in case of unfair dismissal, non-payment during reduction, compensation for harm caused at work;
• for help in obtaining vouchers to boarding houses and sanatoriums for yourself and your family members.

Russian law prohibits discrimination based on trade union membership. That is, it does not matter whether an employee of an enterprise is a member of a trade union or not, his rights and freedoms, guaranteed by the Constitution, should not be limited. The employer has no right to dismiss him for not joining a trade union or to hire him with the condition of his mandatory membership.

History of creation and development of professional associations in Russia

In 1905-1907, during the revolution, the first trade unions appeared in Russia. It is worth noting that at this time in the countries of Europe and America they already existed for a long time and at the same time functioned thoroughly.

Before the revolution, there were strike committees in Russia. Which gradually outgrew and were reorganized into an association of trade unions.

The founding date of the firstprofessional associations is considered to be 1906-30-04. On this day, the first meeting of Moscow workers (metalworkers and electricians) was held. Although already before this date (October 6, 1905) at the first All-Russian Conference of Trade Unions, the Moscow Bureau of Commissioners (Central Bureau of Trade Unions) was formed.

All actions during the period of the revolution took place illegally, including the second All-Russian Conference of Trade Unions, which took place in St. Petersburg at the end of February 1906. Until 1917, all trade union associations were oppressed and crushed by the autocratic authorities. But after her overthrow, a new favorable period began for them. At the same time, the first regional committee of trade unions appeared.

The Third All-Russian Conference of Trade Unions took place already in June 1917. It elected the All-Russian Central Council of Trade Unions. On this day, the flowering of the associations in question began.

The trade unions of Russia after 1917 began to perform a number of new functions, which included concern for the growth of labor productivity and raising the level of the economy. It was believed that such attention to production is, first of all, concern for the workers themselves. For these purposes, trade unions began to hold various kinds of competitions among workers, involving them in the labor process and instilling production discipline in them.

In 1918-1918, the first and second All-Russian Congresses of Trade Unions were held, at which the course of the development of the organization was changed by the Bolsheviks towards statehood. From that time, until the 1950s and 1970s, the trade unions in Russia differed sharply from those that existed in the West. Now they don'tprotect the rights and interests of workers. Even joining these public organizations ceased to be voluntary (they were forced).

Unlike Western analogues, the structure of organizations was such that all ordinary workers and managers were united. This led to a complete lack of struggle between the first and the second.

In the years 1950-1970, several legal acts were adopted that gave trade unions new rights and functions, gave them greater freedom. And by the mid-80s, the organization had a stable, branched structure, which was organically inscribed in the political system of the country. But at the same time there was a very high level of bureaucracy. And due to the great authority of the trade unions, many of its problems were hushed up, hindering the development and improvement of this organization. Meanwhile, politicians, taking advantage of the situation, introduced their ideologies to the masses thanks to powerful trade union movements.

In the Soviet years, professional associations were engaged in subbotniks, demonstrations, competitions and circle work. They distributed vouchers, apartments and other material benefits given by the state among the workers. They were a kind of social departments of enterprises.

After perestroika in 1990-1992, trade unions acquired organizational independence. By 1995, they were already establishing new operating principles, which were changed with the advent of democracy and a market economy in the country.

Trade unions in modern Russia

From the above mentioned history of the creation and development of professionalassociations, one can understand that after the collapse of the USSR, and the country switched to a democratic regime of government, people began to leave these public organizations en masse. They did not want to be part of a bureaucratic system, considering it useless for their own interests. The influence of trade unions faded away. Many of them have been completely disbanded.

But by the end of the 90s, trade unions began to form again. Already on a new type. Trade unions in Russia today are organizations that are independent of the state. And trying to perform classic functions close to Western counterparts.

There are also trade unions in Russia that are close in their activities to the Japanese model, according to which organizations help to improve relations between employees and management, while not only protecting the interests of employees, but trying to find a compromise. Such relationships can be called traditional.

At the same time, both the first and second types of trade unions in the Russian Federation make mistakes that hinder their development and distort the positive result of their work. These are:

• highly politicized;
• disposition for hostility and confrontation;
• amorphous in its organization.

The modern trade union is an organization that devotes too much time and attention to political events. They like to be in opposition to the current government, while forgetting about the daily small difficulties of the workers. Often trade union leaders, in order to raise their authority, deliberately arrange strikes and rallies of workers, for no particular reason. What,undoubtedly, it reflects badly both on production in general and on employees in particular. And, finally, the internal organization of modern professional associations is far from ideal. In many of them there is no unity, the leadership, leaders, and chairman often change. There are misuses of union funds.

Traditional organizations have another significant disadvantage: people join them automatically when they are hired. As a result, employees of enterprises are not interested in anything at all, they do not know and do not defend their own rights and interests. Trade unions themselves do not solve the problems that have arisen, but exist only formally. In such organizations, their leaders and the chairman of the trade union are usually chosen by the management, which interferes with the objectivity of the former.

Conclusion

Having considered the history of the creation and change of the trade union movement in the Russian Federation, as well as the rights, duties and characteristics of these organizations today, we can conclude that they play a significant role in the socio-political development of society and the state as a whole.

Despite the existing problems of the functioning of trade unions in the Russian Federation, these associations are undoubtedly important for a country striving for democracy, freedoms and equality of its citizens.