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The trade union is what? Trade Unions of Russia. Law on Trade Unions

To date, the trade union is the only organization called to fully represent and protect the rights and interests of employees of enterprises. And also able to help the company control labor safety, solve labor disputes and train employees loyalty to the enterprise, which has the opportunity to teach them the production discipline. Therefore, both owners of organizations and ordinary ordinary employees need to know and understand the essence and peculiarities of the trade union.

The notion of trade unions

Trade union is an organization uniting the employees of the enterprise for the opportunity to solve the arising issues related to the conditions of their work, with their interests in the field of professional activity.

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

Meanwhile, every citizen of the Russian Federation who has reached the age of 14 and carries out his labor activity can create a trade union.

In the Russian Federation, the legislation fixes the primary organization of trade unions. It means the voluntary association of all its members who work in the same enterprise. In its structure, trade-union groups or individual trade-union organizations can be formed in shops or departments.

Primary trade-union organizations can be united in associations on branches of labor activity, on a territorial aspect or any other sign having working specificity.

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

Types and examples

Depending on their territorial characteristics, trade unions are divided into:

  1. The All-Russian trade-union organization uniting in itself more than half of employees of one or several professional branches, or operating on the territory of more than half of subjects of the Russian Federation.
  2. Interregional trade union organizations linking trade union members to one or several 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 that unite participants in trade unions of one or several subjects 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 sphere of public education and science.

All organizations can be merged, respectively, into interregional 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 good example is the association of the capital. Moscow trade unions are 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 specialties and types of activity of workers. For example, a trade union of educators, a trade union of medical workers, a trade union of artists, actors or musicians,

Trade Union Charter

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

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

The charter should include:

  • The name, aims and functions of the trade union;
  • Categories and groups of staff members;
  • The procedure for changing the charter, making contributions;
  • The rights and duties of its members, the conditions for membership in the organization;
  • Structure of the trade union;
  • Sources of income and management of property;
  • Conditions and peculiarities of the reorganization and liquidation of the workers' union;
  • All other questions concerning the work of the trade union.

Registration of the 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. But this is not a prerequisite.

The state registration is held 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, the decisions of congresses on the establishment of the trade union, decisions on the approval of the charter and lists of participants. After that, the decision is made to assign the status of jur. Persons, and the data of the organization itself are entered into the single State Register.

The trade union of educators, industrial workers, creative workers or similar associations of any other persons can be reorganized or liquidated. At the same time, its reorganization should be carried out in accordance with the approved charter, and liquidation - with federal law.

The trade union can be liquidated if its activity contradicts the Constitution of the Russian Federation or federal laws. Also in these cases, compulsory suspension of activities for up to 12 months is possible.

Legal regulation of trade unions

The activities of trade unions are currently regulated by Law No. 10 of 12 January 1996 on trade unions, their rights and guarantees of their activities. The last changes were made on December 22, 2014.

In this bill, the notion of the trade union and the main terms associated with it are fixed. And also defined the rights and guarantees of the association and its members.

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

For the legislative regulation of the norms of trade union movements in the military sector, in the internal affairs bodies, in the judiciary and prosecutors, the bodies of the Federal Security Service, in customs bodies, drug control agencies, and in the work of the Ministries of Firefighting Service, emergency situations, there are separate Federal laws.

Functions

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

The trade union is an organization designed to uphold the interests and rights of employees at their workplaces, to improve the working conditions of workers, to achieve decent wages, interacting with the employer.

The interests, which are called upon to defend such organizations, can be decisions on labor protection, wages, dismissals, employee cuts, non-observance of the labor code of the Russian Federation and certain laws concerning labor.

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

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

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

Organization rights

Trade unions are independent of the executive power and bodies of local self-government and enterprise management organizations. Along with this, all such associations without exception have equal rights.

The rights of trade unions are fixed by 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:

  • Protection of the interests of workers;
  • Making initiatives to the authorities for the adoption of relevant laws;
  • Participation in the adoption and discussion of draft laws proposed by them;
  • Unhindered visits to workplaces of workers and receipt of all social and labor information from the employer;
  • The conduct of collective bargaining, the conclusion of collective agreements;
  • Instruction to the employer for his violations, which he must eliminate within a week;
  • Holding rallies, meetings, strikes, making demands in the interests of workers;
  • Equal participation in the management of public funds, which are formed from membership dues;
  • Creation of their own inspections to monitor working conditions, compliance with collective agreements and environmental safety of employees.

Trade-union organizations have the right to possess such property as land plots, buildings, buildings, sanatorium-resort or sports complexes, printing houses. And also can be owners of securities, have the right to create and manage money funds.

In the event that a threat to the health or life of workers arises at the factory, the chairman of the trade union has the right to demand from the employer the elimination of malfunctions. And if this is not possible, then the termination of the work of employees before the elimination of violations.

If the enterprise is reorganized or liquidated, as a result of which the working conditions of employees will deteriorate, or workers will be reduced, the company's management is obliged to notify the trade union about this no later than three months before the event.

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

The rights of workers entering the trade union

Of course, first of all, trade unions are necessary for workers of enterprises. With the help of these organizations, having entered into them, the employee receives the right:

  • For all benefits provided by the collective agreement;
  • On the assistance of the trade union in resolving disputable issues on wages, holidays, professional development;
  • To receive free legal aid, if necessary in court;
  • On the assistance of the trade union organization on the issues of professional development;
  • To protection in the case of unfair dismissal, non-payment in the event of a reduction, compensation for harm caused at work;
  • To help in obtaining permits in boarding houses and sanatoriums for themselves and their family members.

Russian law prohibits discrimination in relation to trade unions. 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 does not have the right to dismiss him because of non-entry into the trade union or to hire for work with the condition of compulsory membership.

The history of the 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 Europe and America they already existed for a long time and at the same time thoroughly functioned.

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

The date of foundation of the first professional associations is considered to be 30.04.1906. On that day, the first meeting of the Moscow workers (metalworkers and electricians) was held. Although already before this date (6.10.1905), the Moscow Bureau of Commissioners (the Central Bureau of Trade Unions) was formed at the first All-Russian Trade Union Conference.

All actions during the revolution took place illegally, including the second All-Russian Conference of Trade Unions, which took place in St. Petersburg in late February 1906. Until 1917, all trade unions were oppressed, they were crushed by autocratic power. But after its overthrow, a new favorable period began for them. Then the first trade union committee of trade unions also appeared.

The Third All-Russian Conference of Trade Unions was held in June 1917. It elected the All-Russia Central Council of Trade Unions. This day the blossoming of the associations under consideration has begun.

Trade unions of Russia after 1917 began to perform a number of new functions, which included concern for the growth of labor productivity and the rise in 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 conduct various kinds of competitions among workers, involving them in the labor process and instilling in them a production discipline.

In 1918-1918, the first and second All-Russian congresses of trade unions were held, at which the course of development of the organization was changed by the Bolsheviks towards state-building. Since then, up to 50-70-ies trade unions of Russia differed sharply from those that existed in the West. Now they did not protect the rights and interests of workers. Even the entry into these social organizations ceased to be voluntary (they were forced).

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

In 1950-1970, several legal acts were passed that gave trade unions new rights and functions, and gave them greater freedom. And by the mid-1980s the organization had a stable, ramified structure that was organically integrated into the country's political system. But at the same time there was a very high level of bureaucracy. And in connection with the great prestige of the trade unions, many of his problems were hushed up, hindering the development and improvement of this organization.
Meanwhile, politicians, taking advantage of the situation, introduced their ideologies into the masses thanks to powerful trade union movements.

In the Soviet years professional associations engaged in carrying out subbotniks, demonstrations, competitions and group work. They distributed vouchers, apartments and other material goods, given by the state, between employees. A kind of social welfare departments of enterprises.

After the restructuring in 1990-1992, the trade unions acquired organizational independence. By 1995, they had already established new principles of work that had been changed with the emergence 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 professional associations one can understand that after the USSR collapsed and the country switched to a democratic governance regime, people began to leave these public organizations mass-scale. They did not want to be in a bureaucratic system, considering it useless for their own interests. The influence of trade unions has come to naught. Many of them were completely dissolved.

But by the end of the 1990s trade unions began to form again. Already in a new type. Trade unions of Russia today are organizations that do not depend on the state. And trying to perform classical functions, close to Western analogues.

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

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

  • Strong politicization;
  • The mood for hostility and confrontation;
  • Amorphous by their organization.

A 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 authorities, while forgetting about the daily small difficulties of the working people. Often trade union leaders, in order to raise their authority, specially arrange strikes and meetings of workers, for no apparent reason. Which, undoubtedly, is badly reflected both in production in general and in 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, chairman often changes. There are no-purpose use of trade union funds.


In traditional organizations there is another significant disadvantage: people enter into them automatically when hiring. As a result, employees of enterprises are absolutely not interested in anything, do not know and do not defend their own rights and interests. The 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 selected, as a rule, by management, which hinders 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 to date, it can be concluded that they play an essential 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, freedom and equality of its citizens.

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