Among the various public organizations involved in protecting public health, trade unions (trade unions) occupy a special place.

Trade union- a voluntary public association of citizens connected by common production and professional interests by the nature of their activities, created for the purpose of representing and protecting their social and labor rights and interests.

There are different types of trade unions:

- primary trade union organization - a voluntary association of trade union members working, as a rule, at one enterprise, in one institution, one organization, regardless of the form of ownership and subordination, acting on the basis of a regulation adopted by it in accordance with the charter, or on the basis of a general regulation on the primary trade union organization of the corresponding trade union ;

- all-Russian trade union- a voluntary association of trade union members - workers of one or more sectors of activity, connected by common social, labor and professional interests, operating throughout the entire territory of the Russian Federation or in the territories of more than half of the constituent entities of the Russian Federation or uniting at least half of the total number of workers in one or more sectors of activity;

- All-Russian association (association) of trade unions- a voluntary association of all-Russian trade unions, territorial unions (associations) of trade union organizations, operating throughout the entire territory of the Russian Federation or in the territories of more than half of the constituent entities of the Russian Federation;

- interregional trade union - a voluntary association of trade union members - workers in one or more industries, operating in the territories of less than half of the constituent entities of the Russian Federation;

- interregional association (association) of trade union organizations- a voluntary association of interregional trade unions and (or) territorial unions (associations) of trade union organizations, operating in the territories of less than half of the constituent entities of the Russian Federation;

- territorial association (association) of trade union organizations - a voluntary association of trade union organizations, operating, as a rule, on the territory of one subject of the Russian Federation or on the territory of a city or district;

- territorial organization of the trade union - a voluntary association of members of primary trade union organizations of one trade union, operating on the territory of one constituent entity of the Russian Federation, or on the territories of several constituent entities of the Russian Federation, or on the territory of a city or district.

It should be noted that trade unions are independent in their activities from executive authorities, local governments, employers, their associations (unions, associations), political parties and other public associations, and are not accountable or controlled by them.

The basic rights of trade union organizations in Russia are regulated by the special Federal Law “On Trade Unions, Their Rights and Guarantees of Activities” (Federal Law No. 10 of January 12, 1996, as amended on January 24, 2002 No. 3-P).

Below are the main rights and tasks of trade unions.

1. The right of trade unions to represent and protect the social and labor rights and interests of workers.

Trade unions, their associations (associations), primary trade union organizations and their bodies represent and protect the rights and interests of trade union members on issues of individual labor and labor-related relations, and in the field of collective rights and interests - these rights and interests of workers, regardless of trade union membership in case of granting them powers of representation in the prescribed manner.

1.1. Draft legislative acts affecting the social and labor rights of workers are considered by federal government bodies, taking into account proposals from all-Russian trade unions and their associations.

Draft regulatory legal acts affecting the social and labor rights of workers are considered and adopted by executive authorities and local governments, taking into account the opinions of the relevant trade unions.

Trade unions have the right to make proposals for the adoption by the relevant government bodies of laws and other regulatory legal acts relating to the social and labor sphere.

1.2. Remuneration systems, forms of material incentives, tariff rates (salaries), as well as labor standards are established by employers, their associations (unions, associations) in agreement with the relevant trade union bodies and are enshrined in collective bargaining agreements.

1.3. Trade union representatives have the right to freely visit organizations and workplaces where members of the relevant trade unions work in order to implement the statutory tasks and rights granted to trade unions.

2. The right of trade unions to promote employment.

Trade unions have the right to take part in the development of state employment programs, propose measures for the social protection of trade union members released as a result of the reorganization or liquidation of an organization, and exercise trade union control over employment and compliance with employment legislation.

3. The right of trade unions, primary trade union organizations to conduct collective negotiations, conclude agreements, collective agreements and control over their implementation.

Trade unions, their associations (associations), primary trade union organizations and their bodies have the right to conduct collective negotiations, conclude agreements and collective bargaining agreements on behalf of workers in accordance with federal law.

Primary trade union organizations, trade unions, and their associations (associations) have the right to exercise trade union control over the implementation of collective contracts and agreements. In case of violation by employers, their associations (unions, associations), executive authorities and local government bodies of the terms of the collective agreement, primary trade union organizations, trade unions, unions (associations) of trade unions and their bodies have the right to send them a proposal to eliminate these violations, which reviewed within a week. In case of refusal to eliminate these violations or failure to reach an agreement within the specified period, disagreements are considered in accordance with federal law.

4. The right of trade unions to participate in the settlement of collective labor disputes.

Trade unions have the right to participate in the settlement of collective labor disputes, have the right to organize and conduct strikes, meetings, rallies, street processions, demonstrations, picketing and other collective actions in accordance with federal law, using them as a means of protecting the social and labor rights and interests of workers.

5. The right of trade unions to information.

5.1. To carry out their activities, trade unions have the right to receive information on social and labor issues free of charge and without hindrance from employers, their associations (unions, associations), state authorities and local governments.

5.2. Trade unions have the right to use state media in the manner determined by agreements with their founders, and can also be founders of mass media in accordance with federal law.

6. The right of trade unions to participate in the training and advanced training of trade union personnel.

Trade unions have the right to create educational and research institutions, carry out training, retraining, advanced training of trade union personnel and training of trade union workers and trade union members.

7. The right of trade unions to exercise trade union control over compliance with labor legislation.

Trade unions have the right to exercise trade union control over compliance by employers, officials with labor legislation, including on issues of employment agreement (contract), working time and rest time, remuneration, guarantees and compensation, benefits and advantages, as well as social labor issues in organizations in which members of this trade union work, and have the right to demand the elimination of identified violations. Employers and officials are obliged to inform the trade union about the results of its consideration and the measures taken within a week from the receipt of the request to eliminate the identified violations.

8. Rights of trade unions in the field of labor protection and the environment.

Trade unions exercise trade union control over the state of labor protection and the environment through their bodies, authorized (trusted) persons for labor protection, as well as their own labor safety inspectorates, operating on the basis of regulations approved by trade unions. For these purposes, they have the right to freely visit organizations, regardless of form of ownership and subordination, their structural divisions, workplaces where members of a given trade union work, participate in the investigation of accidents at work, protect the rights and interests of trade union members on issues of working conditions and safety at work (work), compensation for harm caused to their health at work (work), as well as other issues of labor protection and the environment in accordance with federal legislation.

In cases of detection of violations that threaten the life and health of workers, trade union bodies in the organization, trade union labor protection inspectors have the right to demand that the employer immediately eliminate these violations and at the same time contact the Federal Labor Inspectorate to take urgent measures.

9. Other trade union rights.

9.1. Trade unions have the right to participate in elections of state authorities and local governments in accordance with federal legislation and the legislation of the constituent entities of the Russian Federation.

9.2. Trade unions have equal rights with other social partners to parity participation in the management of state funds for social insurance, employment, health insurance, pension and other funds formed from insurance contributions, and also have the right to trade union control over the use of funds from these funds. The charters (regulations) of these funds are approved in agreement with all-Russian associations of trade unions or with the corresponding all-Russian trade unions.

9.3. Trade unions organize and conduct health-improving activities among trade union members and their families. The amount of funds for these purposes is determined by the governing body (board) of the Social Insurance Fund of the Russian Federation on the proposal of the relevant trade unions.

9.4. Trade unions have the right to interact with state authorities, local governments, associations (unions, associations) and organizations for the development of sanatorium-resort treatment, recreational facilities, tourism, mass physical culture and sports.

Traditional trade unions are former Soviet trade unions united into the Federation of Independent Trade Unions (FNPR). Already in the early 90s they did not play a serious role in political life and had no influence on decision-making processes. They retained the material base of the Soviet trade union system, but the number of their members fell because people left the trade union, and the trade union represented the interests of the administration rather than the workers, people did not want to pay membership fees, moved to alternative organizations, etc. Nevertheless, people stayed because they remembered well the role of trade unions in Soviet times. In addition, trade unions tried to retain their distribution function, based on established connections in the field of trade and services.

The old trade unions had neither power nor capital; they could no longer mobilize hired workers for any active action.

In the early and mid-90s, the rights of workers were constantly violated during dismissals, during the conclusion and implementation of employment contracts. Non-payment of wages has become widespread. Lawsuits were accepted in court with violations; the administration of enterprises was informed of who filed them. The court was also not protected from pressure, and its decisions were not implemented, because wages were not paid, illegally dismissed workers were laid off after reinstatement, etc. .

The majority of trade unions included in the FNPR could not violate the existing relations with the administration, and could act without going beyond the limits defined by labor legislation. Obtaining permission to strike was as unrealistic as winning a lawsuit. It was not possible to achieve the support of workers while remaining loyal to the authorities and administration and acting within the framework of the law.

Traditional trade unions during this period began an active search for a new social base. They have declared and continue to prove their involvement in resolving various problems, including environmental ones, and declare themselves to be defenders of the interests of not only workers, but also the entire population.

The next form of organization of workers is alternative (free) trade unions, which, unlike traditional ones, in most cases were first a form of self-organization of workers who united to protect their vital interests. During the first decade of the 20th century, new organizations constantly appeared and disappeared. Some of them existed for no more than two years.

The first such alternative trade union organizations appeared as a result of the spontaneous strike movement of the late 80s. The most famous were the Independent Union of Mineworkers (ITU) and the Federation of Air Traffic Controllers Unions (FTU).

These trade unions refused universal membership and did not accept enterprise managers or even specialists. They united certain groups of workers, for example, workers in tunneling areas in the coal industry, air traffic controllers and air transport flight crews, etc. These groups were responsible for performing some function of the enterprise that was vital to the economy and society as a whole. For example, a miners' strike meant disruptions in the power grid and the suspension of the metallurgical industry. A strike by drivers and dispatchers could completely paralyze rail and air communications, which are of key importance for a huge country, etc. It was this way of organizing and mobilizing activists that gave the new trade unions strength and a real opportunity to influence decision-making.

These new unions began to use the mechanism of collective bargaining. The form of negotiations has become fundamentally different and represents an open and equal dialogue, instead of the previous and traditional closed discussions with the advantage and pressure of the administration. Disagreement with the demands of the new trade unions or inattention to them resulted in strikes and protests for the employer.

Leaders of alternative trade unions were subjected to harassment and violence. Traditional trade unions united with management and in many cases acted together with it against alternative trade unions. There were no joint actions of traditional and alternative trade union organizations to protect the rights of workers.

Unlike traditional trade unions, they did not have normal working conditions, premises, communications, or office equipment. In addition, they did not know how to manage organizational resources, i.e. unlike bureaucratic traditional trade unions, they could not ensure the implementation of their own decisions, keep accounting records correctly, organize office work, record membership, etc.

In the mid-90s, these results of the work of alternative trade unions in many cases were intercepted by traditional trade unions, for example, Rosugleprof, having become a collective member of the FNPR, took credit for signing a tariff agreement and a number of other achievements of the alternative NPG

During the same period, some alternative unions, such as air traffic controllers, were institutionalized, recognized by employers as partners, and effectively lost their alternative nature.

Other alternative trade unions of the first wave, such as the NPG, simply lost their influence because they were unable to solve the problems of non-payment of wages and illegal dismissals.

In response to this, a new wave of labor movement emerged. Strike committees began to be created, which were not officially registered anywhere and were not legally subject to prosecution. Employees of budgetary organizations - teachers, doctors, workers of industrial enterprises - jointly participated in the actions. In many cases, strikes were started by teachers and doctors, who then mobilized miners, industrial and transport workers. One such action was the “rail war” of 1998, during which workers blocked the main railway lines.

This created the conditions for the emergence of another, third wave of activity of alternative trade unions. Strike committees usually disbanded after their demands were met. At the end of the 90s, alternative trade unions were already small in number. They were created at industrial enterprises, and in budgetary organizations, in hospitals, schools, for example, the independent trade union VAZ, teachers' unions of Novosibirsk, etc.

Their peculiarity was that these trade unions could not be massive due to the opposition of the enterprise administration. Participation in them was risky. But despite this, alternative third-wave unions often managed to force employers to take their demands into account. Their leaders and activists, as a rule, were legally literate, actively participated in trade union training programs and successfully used the acquired knowledge in negotiations with the directors of enterprises and government agencies.

Trade union education during this period became an important resource for alternative trade unions after the state and employers felt threatened by the spontaneous labor movement. The main form of action is already lawsuits in court, many of which were won.

Company trade unions are another form of modern trade unions within large corporations - LUKOIL, YUKOS, etc. Trade unions of such companies, in fact, perform the functions of social insurance, as well as other functions characteristic of Soviet trade union organizations in the past. For example, the YUKOS trade union organized an analogue of socialist competition at the company's enterprises. The creation of such trade unions controlled by the administration allowed companies to solve internal social problems and demonstrate the Western model of labor relations, which is extremely important for working with Western partners.

The term “social partnership” in relation to the trade union movement usually refers to the coordination of the interests of employees, the state and employers at all stages of decision-making and implementation that to some extent relate to these interests.

The partnership is carried out through the mechanism of tripartism, which emerged in the West over the past century. The term tripartism means that the process of coordinating interests, regulating social and labor relations, resolving conflict situations, etc. should occur with the mandatory participation of employers represented by their associations, trade unions as representatives of employees and the state, on behalf of which the government administration, line ministries and departments act. Tripartism also presupposes the presence of a legislative framework, organizational structures at different levels, and established procedures for interaction.

In 1991, the Decree of the President of the Russian Federation B.N. was adopted. Yeltsin “On social partnership and resolution of labor disputes (conflicts).” Then a number of federal laws were adopted - “Law on Trade Unions”, “Law on the Procedure for Resolving Collective Labor Disputes”, “Law on Collective Bargains and Agreements”, etc. and the Labor Code of the Russian Federation.

At the federal level, in 1992, the Russian Tripartite Commission for the Settlement of Social and Labor Relations (RTC) was created for the first time. The tasks, composition and size of the commission were constantly updated. In 1999, the Commission was given the status of a permanent body of the social partnership system in Russia. According to the federal law on the Russian Tripartite Commission, the number of members of each of the parties (federal authorities, employers and trade unions) cannot exceed 30 people. In addition, sectoral tariff commissions were created, regional and territorial tripartite commissions operate in regions and municipalities, and bilateral commissions (trade union and enterprise administration) operate at enterprises.

All of the listed commissions must develop and adopt agreements regulating relations between employees and employers (in enterprises - collective agreements), as well as monitor the implementation of these agreements and contracts.

The government, through participation in the tripartite commission, hoped to ease the pressure of the protest movement, but this was not achieved. At the end of the 90s, the RTC was unable to solve the problem of non-payment of wage arrears, which only intensified the social tension that existed in the country. As a result, the government reduced the functions of the RTK as a social partnership body at the federal level. It was deprived of the right to organize tripartite consultations on issues of social and labor relations, to draw conclusions on the advisability of registering international legal norms, etc. As a result, the commission was removed from directly signing the General Agreement.

In the early 90s, Russian tripartism was a purely symbolic, demonstration model of social partnership, created by the government according to Western models. By the end of the 90s, under the influence of the labor protest movement, this model began to really function.

trade union foreign institutionalization labor

Types of trade unions and their associations ( associations) provided by law.

As established by Art. 3 of the Federal Law of January 12, 1996, according to the scope of action, the following types of trade unions and their associations are distinguished ( associations):

1. all-Russian trade union - unites workers in one or more industries and operates throughout the Russian Federation or unites at least half of the total number of workers in one or more industries;
2. all-Russian association ( trade union association) - unites all-Russian trade unions, territorial associations ( associations), trade union organizations operating throughout the Russian Federation or on the territory of more than half of the constituent entities of Russia;
3. interregional trade union - unites workers of one or more industries and operates in less than half of the constituent entities of the Russian Federation;
4. interregional association ( association) trade union organizations - consists of interregional trade unions and ( or) territorial associations ( associations) trade union organizations and operates on the territory of less than half of the constituent entities of the Russian Federation;
5. territorial association ( association) trade union organizations - unites trade union organizations and operates, as a rule, on the territory of one subject of the Russian Federation or on the territory of a city or district.

The same Law, in addition, determines:

1. territorial trade union organization - an organization consisting of members of primary trade union organizations of one trade union and operating on the territory of one constituent entity of the Russian Federation, or on the territory of several constituent entities of the Russian Federation, or on the territory of a city or district.
2. primary trade union organization - a voluntary association of trade union members working, as a rule, at one enterprise, in one institution, one organization, regardless of the form of ownership and subordination, acting on the basis of regulations adopted by it in accordance with the charter, or on the basis of general regulations on the primary trade union organization of the relevant trade union.

Despite the large number of trade unions, they are all created according to production, sectoral, territorial or other characteristics taking into account professional specifics. 9

Unions ( their association) carry out their activities in accordance with the charters approved by them, and primary trade union organizations - in accordance with the provisions developed on the basis of these charters.

Trade union organizer, trade union group organizer, head of a trade union, association ( associations) trade unions, trade union body or other person authorized to represent are trade union representatives ( proxies).

Trade union body - a body formed in accordance with the charter of a trade union, association ( associations) or regulations on the primary trade union organization.

Functions of trade unions.

Trade unions are a historically established organizational form of workers' association. As a social phenomenon, they represent a diverse and complex system of relations and connections of an internal and external nature. This is the largest public organization. 10

The main tasks of trade unions are related to the implementation of their main function - protecting the rights and interests of workers in the sphere of labor and labor-related relations. It is precisely for this purpose that trade unions arose, for this purpose workers united and are uniting in them.

The right of everyone to unite in trade unions and create them to protect their interests is directly enshrined in the Constitution of the Russian Federation (Article 30). The special mention of trade unions in the act of supreme legal force indicates the special role and importance of trade unions in the life of society.

The functions of a trade union are the main areas of activity of trade unions. The following functions are distinguished in the legal literature:

• protective
• production
• educational
• social
• international

Other functions can be highlighted. However, all activities of trade unions must be subordinated to the goals of protecting the rights and interests of their members. Therefore, the main function of trade unions should be a protective function - targeted legal activity:

1. to protect labor rights and legitimate interests of workers (the rights of workers to freely dispose of their abilities to work, to choose an activity or profession, the right to remuneration for work without any discrimination and not less than the amount established by law);
2. to protect them from violations (the right to freely visit organizations and workplaces where trade union members work, to implement the statutory tasks granted to trade unions);
3. to restore violated rights (protect the rights and interests of trade union members on issues of individual labor and labor-related relations, and in the field of collective rights and interests - the specified rights and interests of workers, regardless of membership in trade unions if they are vested with powers of representation in the prescribed manner );
4. to establish a higher level of working and living conditions for workers (established by the employer and their associations in agreement with the relevant trade union bodies and enshrined in collective bargaining agreements).

The activities of trade unions are regulated mainly by themselves as independent public organizations with the help of trade union norms adopted by the governing trade union bodies. Such norms are not of a legal nature (although many of them have legal consequences) and are contained in the charters of trade unions and their associations, and other trade union acts. From the range of social relations into which trade unions enter, only those whose regulation is objectively possible, economically, socially and politically necessary are subject to legal influence. Law contributes to the implementation of the tasks facing trade unions and the fulfillment of their protective function.

Social relations with the participation of trade unions are regulated by law to the extent necessary to ensure representation and protection of the interests of workers, the successful functioning of trade unions and the further development of society. 11 Ultimately, the boundaries of legal regulation depend on the state of social relations, the degree of their development, and the socio-economic and political conditions in which they develop. 12

Participation of trade unions in resolving labor disputes.

Representatives of workers are understood as either bodies of trade unions and their associations, or bodies of public initiative of workers, which are determined according to the rules of Chapter. 4 Labor Code of the Russian Federation. The powers of trade unions to represent workers in resolving collective labor disputes do not require special confirmation if they are enshrined in the statutory documents of the trade union organization (in the charter or regulations). At the same time, the powers of the body of public initiative of workers must be confirmed by a decision of the general meeting (conference) of the organization’s collective of workers. The law provides for the possibility of putting forward demands on the employer both directly by employees and by their representatives, as well as by trade unions. Starting from the level above the organization, when resolving a collective labor dispute, only trade unions can act as legal representatives of workers. This is due to the fact that the bodies of public initiative of workers are created within the organization and do not have any higher bodies. 13

The law, while providing for the right of trade unions to put forward demands on employers, does not determine the procedure for exercising this right. Part 6 p. 399 of the Labor Code of the Russian Federation only establishes that “the demands of trade unions and their associations are put forward and sent to the relevant parties to the social partnership.”

The Labor Code of the Russian Federation provides that the demands of employees to the employer, put forward both by the representative body of employees and directly by employees, are approved at the appropriate meeting (conference) of employees (Part 2 of Article 399).

The Trade Union Law provides for a certain procedure for resolving a collective labor dispute (Scheme No. 1). This procedure includes a number of steps:

• making demands by employees;
• consideration by the administration of employee demands;
• consideration of the dispute in the conciliation commission;
• consideration of the dispute by a mediator;
• consideration of the dispute in labor arbitration.

The right to put forward demands on behalf of employees is vested in employees and their representatives, determined in accordance with Chapter. 4 Labor Code of the Russian Federation. As a rule, elected trade union bodies in an organization strive to lead the movement of workers to resolve a collective labor dispute. Although it is not uncommon for an organization to create specialized public bodies (for example, strike committees). The decision to initiate a collective labor dispute, made by authorized representatives of workers, must be approved by the general meeting (conference) of workers.

1. Employees or their representatives at their meetings (conferences) put forward written demands to the employer. Minutes must be kept at the meeting, quorum requirements must be observed, and voting results on the demands put forward to the employer must be recorded in writing.
2. The employer is obliged to create conditions for conducting appropriate activities to discuss and accept collective demands. Within three working days after receiving written demands, the employer is obliged to give a written response.
3. The next mandatory stage in resolving collective labor disputes is conciliation procedures. They can be carried out by a conciliation commission, a mediator, or labor arbitration.

The conciliation commission is created within three working days from the moment the collective labor dispute begins and is formalized by an order on the establishment and the corresponding decision of the employee representative. A collective labor dispute must be considered by the commission within five working days from the date of issuance of the order to create a conciliation commission.

The decision of the commission is drawn up in the form of a protocol and is binding on the parties if the parties agree on this. The employer does not have the right to evade conciliation procedures. During the resolution of a collective labor dispute, workers have the right, at any stage of its resolution, to hold meetings, rallies, processions, picketing in accordance with the law.

4. By agreement of the parties, a mediator may be invited to resolve the dispute. The candidacy of a mediator can be recommended by the special Service for the Settlement of Collective Labor Disputes, created in 1993 and operating on the basis of the Regulations on this service, approved by the Decree of the Government of the Russian Federation of April 15, 1996.

The procedure for considering a collective labor dispute with the participation of a mediator is determined by the mediator himself by agreement with the parties to the dispute. The mediator carries out the settlement of the dispute within up to seven working days and ends it with a written document of the results of the mediation: either an agreement reached or a protocol of disagreements.

Inviting a mediator to resolve a collective labor dispute is an optional stage of settlement and is carried out only with the mutual consent of the parties to the dispute for the participation of a mediator, while consideration of the dispute in labor arbitration is a mandatory stage. 14

5. Labor arbitration is a temporary body for the consideration of a collective labor dispute, created by the parties to the dispute and the Service no later than three working days from the end of the consideration of the dispute by the conciliation commission or mediator. Labor arbitration is created only if the parties have reached a preliminary agreement on the binding nature of its decisions, otherwise it is not created.

Labor arbitration is formed by agreement of the parties in the number of three people from among the arbitrators proposed by the Service or the parties to the dispute, excluding representatives of the parties to the dispute. Within five days from the moment of its establishment, the labor arbitration arbitration makes a decision on the merits of the collective labor dispute.

One of the fundamental rights of trade unions is the right to strike as a legitimate means of resolving a collective labor dispute. (v. 37).

Short description

In practice, representatives of workers in social partnerships are most often trade unions. While consolidating the existing practice, the Code at the same time largely blocks the possibility of activity of dwarf trade unions, but does not deprive workers of the right to choose other forms of representation of their interests when conducting collective negotiations, concluding and amending a collective agreement, monitoring its implementation, as well as when exercising the right to participate in the management of the organization, consideration of labor disputes between employees and the employer.

Trade union development 4

Basics of the creation and activities of trade unions 6

Types of trade unions and their associations (associations) provided for by law. 8

Functions of trade unions. 10

Participation of trade unions in resolving labor disputes. 12

Conclusion. 17

References: 18

Today, the trade union is the only organization designed to fully represent and protect the rights and interests of enterprise employees. And also capable of helping the company itself monitor labor safety, decide and instill in employees loyalty to the enterprise, having the opportunity to teach them production discipline. Therefore, both owners of organizations and ordinary ordinary employees need to know and understand the essence and features of the trade union.

The concept of trade unions

A trade union is an organization that brings together employees of an enterprise for the opportunity to resolve issues that arise related to their working conditions, their interests in the field

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 and is engaged in labor activity can create a trade union.

In the Russian Federation, the legislation enshrines the primary organization of trade unions. It means a voluntary association of all its members who work in one enterprise. Within its structure, trade union groups or separate groups or departments can be formed.

Primary trade union organizations can unite into associations based on sectors of labor activity, on a territorial aspect, or on any other basis that has work specificity.

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

Types and examples

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

1. An all-Russian trade union organization that unites more than half of the employees of one or more professional industries, or operates on the territory of more than half of the constituent entities of the Russian Federation.
2. Interregional trade union organizations connecting members of trade unions of 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 trade union organizations that unite trade union members of one or more constituent entities of the Russian Federation, cities or other populated areas. 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 Education and Science.

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

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

Depending on the professional sphere, trade union organizations of different specialties and types of activities of workers can be distinguished. For example, a union of educators, a union of medical workers, a union of artists, actors or musicians, etc.

Trade 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 organizations. For example, the regional committee of trade unions of any region should not approve a charter that contains provisions that contradict the provisions of the interregional trade union, within the structure of which the first-mentioned organization is located.

In this case, the charter must include:

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

Registration of a trade union as a legal entity

A trade union of workers or their associations, according to the legislation of the Russian Federation, can be registered with the state as a legal entity. But 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 association representative must provide originals or notarized copies of the charter, decisions of congresses on the creation of a trade union, decisions on approval of the charter and lists of participants. After which a decision is made to assign legal status. persons, and the data of the organization itself is entered into the unified State Register.

The trade union of educators, industrial workers, creative workers 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 - in accordance with federal law.

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

Legal regulation of trade unions

The activities of trade unions today are regulated by legislation No. 10 of January 12, 1996 “On trade unions, their rights and guarantees of activity.” The last changes were made on December 22, 2014.

This bill enshrines the concept of a trade union and the basic terms associated with it. The rights and guarantees of the association and its members are also defined.

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

For legislative regulation of the norms of trade union movements in the military industry, in the internal affairs bodies, in judges and prosecutors, in the federal security service, in customs authorities, drug control authorities, as well as in the work of the Ministries of Fire Service and Emergency Situations, 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, accordingly, the representation and protection of social and labor 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, and achieve decent wages by interacting with the employer.

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

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

This function is protection not at the enterprise level, but nationwide. Thus, trade unions have the right to participate in elections of local governments 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 work closely with various political parties, and sometimes even create their own.

Organization rights

Trade unions are organizations independent from the executive power and local governments and enterprise management. 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 authorities to adopt 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 from the employer;
• conducting collective negotiations, concluding 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 through membership fees;
• creation of own inspections to monitor working conditions, compliance with collective agreements and environmental safety of employees.

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

If there is a danger to the health or life of workers at work, the chairman of the trade union has the right to demand that the employer correct the problems. And if this is impossible, then termination of 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 company's management is obliged to inform the trade union about this no later than three months before this event.

At the expense of the social insurance fund, professional associations can conduct health activities for their members, send them to sanatoriums and boarding houses.

Rights of workers joining a trade union

Of course, first of all, trade unions are necessary for enterprise workers. With the help of these organizations, by joining them, an employee receives the right:

• for all benefits provided for by the collective agreement;
• for the assistance of the trade union in resolving controversial issues regarding wages, vacations, and advanced training;
• to receive free legal assistance, if necessary in court;
• to assist the trade union organization on issues of advanced training;
• for protection in case of unfair dismissal, non-payment during layoffs, compensation for harm caused at work;
• for assistance 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 does not have the right to fire him for failure to join a trade union or hire him under the condition of mandatory membership.

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 the countries of Europe and America they had already existed for quite a long time and at the same time were functioning thoroughly.

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

The founding date of the first professional associations is considered to be 04/30/1906. On this day, the first meeting of Moscow workers (metallists and electricians) took place. 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 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 destroyed by the autocratic government. 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 in June 1917. The All-Russian Central Council of Trade Unions was elected there. This day began the flourishing of the associations in question.

After 1917, trade unions in Russia began to perform a number of new functions, which included concern for increasing labor productivity and improving the level of the economy. It was believed that such attention to production was primarily a 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 in them 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 nationalization. From then on, right up to the 50-70s, Russian trade unions differed sharply from those that existed in the West. Now they did not protect the rights and interests of workers. Even joining these public organizations was no longer voluntary (they were forced).

Unlike their Western counterparts, the structure of the organizations was such that all ordinary workers and managers were united. This led to a complete absence of struggle between the former and the latter.

In 1950-1970, several legal acts were adopted that gave trade unions new rights and functions and gave them greater freedom. And by the mid-80s, the organization had a stable, branched 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 due to the great authority of trade unions, many of its problems were kept silent, hindering the development and improvement of this organization.
Meanwhile, politicians took advantage of the situation to introduce their ideologies to the masses thanks to powerful trade union movements.

During the Soviet years, professional associations were involved in organizing cleanup days, demonstrations, competitions and circle work. They distributed vouchers, apartments and other material benefits given by the state among workers. They were a kind of social and welfare 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 professional associations, it can be understood that after the USSR collapsed and the country switched to a democratic regime of governance, 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 has faded. Many of them were completely disbanded.

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

There are also trade unions in Russia that are close in their activities to the Japanese model, according to which organizations help improve relations between employees and management, while not exclusively 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 results of their work. These are:

• strong politicization;
• disposition towards 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 love to be in opposition to the current government, while forgetting about the small everyday difficulties of the working people. Often, in order to raise their authority, trade union leaders deliberately organize strikes and rallies of workers, without any particular reason. Which, undoubtedly, has a bad effect both on production in general and on employees in particular. And finally, the internal organization of modern professional associations is far from ideal. There is no unity in many of them; management, leaders, and chairman often change. There are inappropriate uses of trade union funds.

Conclusion

Having examined the history of the creation and changes of the trade union movement in the Russian Federation, as well as the rights, responsibilities and features 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 in 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.

The project to create a new professional association will be presented next Thursday in Moscow. His main difference from Mikhail Shmakov’s FNPR will be his participation in trade unions of enterprise owners, Nezavisimaya Gazeta wrote on Tuesday.

Trade unions (trade unions)- a voluntary public association of citizens connected by common production and professional interests by the nature of their activities, created for the purpose of representing and protecting their social and labor rights and interests. The legal basis for the creation and activities of trade unions is the Constitution of the Russian Federation (Article 29), the Federal Law “On Trade Unions, Their Rights and Guarantees of Activities” of January 12, 1996, as well as the norms of the Labor Code of the Russian Federation.

All trade unions enjoy equal rights. Everyone who has reached the age of 14 and is engaged in labor (professional) activities has the right, at his own choice, to create trade unions to protect his interests, to join them, to engage in trade union activities and to leave trade unions. This right is exercised freely, without prior permission.

1. Federation of Independent Trade Unions of Russia (FNPR)

Founded in 1990. It unites 41 all-Russian trade unions as member organizations and 6 trade unions that build their relationships with the FNPR on the basis of agreements. There are 79 territorial associations of trade union organizations operating on the territory of the Russian Federation, which, along with industry trade unions, are affiliated organizations of the FNPR. In total, FNPR affiliates unite about 26 million trade union members (about 95% of all trade union members in the country).

Within the framework of the FNPR, there are Trade Union Associations that unite workers in the non-production sector, workers in basic industries, workers in the defense industry, mechanical engineering, transport, operating in the field of entrepreneurship and small business.

The highest body of the FNPR is the congress.

2. Association of trade unions SOTSPROF

It was created in 1989. SOTSPROF includes all-Russian, interregional trade unions, consisting of territorial organizations, primary trade union organizations at enterprises and their trade union groups, regional, territorial trade union associations, as well as trade union organizations that are not members of the SOTSPROF unions and directly operate within the Association. SOTSPROF also includes the Primary Trade Union Organizations of the Russian Students' Trade Union "Youth Union SOTSPROF".

The trade union association SOTSPROF numbers about 1 million 570 thousand
members and operates in 72 constituent entities of the Russian Federation.

3. All-Russian Trade Union of Defense Industry Workers (OBORONPROF)

The All-Russian Trade Union of Defense Industry Workers (OBORONPROF), formed on November 19, 1991, is the successor to the Union of Machine-Building Industry Workers, the Trade Union of Military Metal Industry Workers, created on September 5, 1934, which in April 1953 was renamed the Trade Union of Workers (then Workers) of the Defense Industry.

The trade union is a member organization of the Federation of Independent Trade Unions of Russia, the International Association of Trade Unions of Defense Industry Workers, the International Federation of Metalworkers and the International Euro-Asian Federation of Metalworkers' Trade Unions "Eurasia".

4. Oil and Gas Construction Trade Union of the Russian Federation

Formed in December 1990. The members of the trade union are workers in the oil and gas industry. The number of members reaches 1 million 400 thousand people. Regional trade union centers operate in 63 constituent entities of the Russian Federation.

The Oil and Gas Construction Trade Union cooperates with the Federation of Independent Trade Unions of Russia, is a member of the international federations of trade unions of energy workers (ICEM), construction workers (IFBWW), and the International Confederation of Trade Unions of Oil, Gas Industry and Oil and Gas Construction Workers.

5. Mining and Metallurgical Trade Union of Russia (GMPR)
The Mining and Metallurgical Trade Union of Russia is an all-Russian public organization that unites on a voluntary basis more than 1 million people employed in the ferrous and non-ferrous metallurgy industries. Formed on January 30, 1991. It is a member organization of the Federation of Independent Trade Unions of Russia and the International Metalworkers' Federation.

6. Federal Union of Aviation Dispatchers of Russia (FPAD Russia)
In August 1989, the All-Union Association of Aviation Dispatchers was created in Ulyanovsk. In 1990, at the Moscow congress, the All-Union Association of Aviation Dispatchers was transformed into the Federation of Trade Unions of Aviation Dispatchers of the USSR. On November 1, 1991, the Federation of Trade Unions of Aviation Dispatchers of Russia (FPAD Russia) was established in Moscow. After the 8th Congress of the FPAD of Russia on October 17, 2003 and the registration of the Charter of the FPAD of Russia in the Ministry of Justice of the Russian Federation, the organization was renamed into the Federal Trade Union of Aviation Dispatchers of Russia (FPAD of Russia).

The FPAD includes 135 primary organizations and 15 territorial organizations. FPAD centers operate in 75 constituent entities of the Russian Federation.

FPAD Russia is a member of the All-Russian Association of Civil Aviation Trade Unions, the All-Russian Association of Trade Unions "Aeronavigation" and the All-Russian Association "Federation of Trade Unions of Russia", and is also a member of the International Federation of Air Traffic Controllers Associations (IFATCA).

7. Trade Union of Employees of State Institutions and Public Services of the Russian Federation

Formed on August 15, 1990. The trade union unites employees of state, municipal institutions, local governments, as well as commercial organizations and public service organizations (banks, insurance companies, pension funds, social insurance funds, etc.), students of departmental educational institutions.

The number of members exceeds 1 million people.

The trade union is a member organization of the Federation of Independent Trade Unions of Russia (FNPR), the International Federation of Trade Unions of State Institutions and Public Service Workers. The trade union cooperates with the International Federation of Trade, Banking, Office and Technical Workers (UNI).

8. Trade Union of Public Education and Science Workers of the Russian Federation

Was formed in 1990. The trade union unites 5.5 million people, in its structure there are 78 republican, regional and regional trade union organizations, 2,488 district, city, district and 96,231 primary trade union organizations.

The trade union is a public non-profit association of citizens working in educational institutions of various types and types, educational authorities, organizations, enterprises and institutions of education and science and studying in educational institutions of vocational education, regardless of their organizational and legal form.

9. All-Russian Trade Union of Military Personnel

The All-Russian Trade Union of Military Personnel (OPSV) was formed on January 17, 1992. The trade union builds its work on the basis of agreements with the leadership of federal executive authorities, where the legislation of the Russian Federation provides for military service.

According to the Charter, any citizen serving under contract or discharged from military service can be a member of the OPSV; who are in the public service in the internal affairs bodies of the Russian Federation, the federal security service, the customs authorities of the Russian Federation, the federal tax police, the courts and the prosecutor's office and who have special ranks (class ranks); as well as citizens who have special ranks (class ranks) and have retired; family members of the specified categories of citizens who have reached the age of 14, who recognize the Charter of the OPSV and pay membership fees.

Currently, the OPSV is the most representative public organization of military personnel in the country. Its regional organizations operate in 80 constituent entities of the Russian Federation.

10. Trade Union of Mechanical Engineers

In December 1991, the Russian Trade Union of Mechanical Engineers and Instrument Makers was formed, and on February 16, 1995, the unified Trade Union of Mechanical Engineers of the Russian Federation was formed. The trade union unites more than 450 thousand workers in the heavy, energy, chemical, oil, road construction, machine tool, instrument making, tool industries, Gosstandart, pensioners, students, etc.

The trade union includes 46 territorial and about 700 primary trade union organizations.

11. Russian Trade Union of Nuclear Energy and Industry Workers (RPRAEP)

It was formed in March 1992. Unites primary trade union organizations of state unitary enterprises, organizations, institutions, educational institutions, joint-stock companies of the country's nuclear complex.

The number of trade union members is about 500 thousand people.

Two associations have been created within the trade union: the Association of Trade Union Organizations of Nuclear Power Plants and the Association of Trade Union Organizations of Nuclear Weapons Complex Enterprises.

RPRAEP cooperates closely with the Federation of Independent Trade Unions of Russia on the basis of a bilateral agreement. Also, under the agreement, RPRAEP works with the Moscow Federation of Trade Unions.

It is a member of the International Energy and Mine Workers' Organization, the World Nuclear Workers' Council and the International Energy Workers' Association "Right to Energy".

12. Russian Trade Union of Chemical Industry Workers (Roskhimprofsoyuz)

It was formed in December 1990. It unites workers employed in the chemical industries. The number of trade union members is about 500 thousand people.

Trade union centers operate in 35 constituent entities of the Russian Federation.

The Russian Chemical Trade Union cooperates with such international organizations as ICEM, ILO, Foundation named after. Ebert, International United Chemists' Union, etc.

13. All-Russian Electric Trade Union

The public association "All-Russian Electrical Trade Union" is an all-Russian professional non-profit union operating in the territory of most constituent entities of the Russian Federation. It unites on a voluntary basis citizens - members of the trade union, working in organizations engaged in the production, transmission and distribution of electrical and thermal energy, production of electrical machines and electrical equipment, extraction and agglomeration of peat and other organizations associated with them with business and professional interests, any organizational and legal forms and forms of ownership, non-working pensioners of these organizations, as well as teachers, students and pupils of vocational educational institutions.