Trade unions in modern society. Functions of trade unions In an organization, trade unions perform the function

trade union trade union function

The functions of trade unions are the directions of their activities.

Protective function trade unions, is traditional for Soviet trade unions. Due to the fact that historically it arose earlier than other functions, its content is characterized by significant and complex changes.

The task of protecting the rights and interests of workers in a socialist society by trade unions is an integral part of the activity of the entire system of organizations of Soviet society and, above all, the Communist Party and the socialist state. The peculiarities of the protective function of trade unions in comparison with the protection of the rights and interests of workers by other organizations of Soviet society are that, firstly, trade unions are called upon to protect the rights and interests of workers and employees mainly in the field of social - labor relations; secondly, the main goal of trade unions is to prevent (prevent) possible violations of these rights and interests; thirdly, trade unions use to protect the rights and legitimate interests workers and employees in ways and means that are inaccessible to the state apparatus.

FUNCTION RULE-MAKING. In conditions where trade unions do not have (according to Russian legislation) the right to legislative initiative, they actively exercise their participation in the rule-making process through proposals and amendments to draft laws that are sent to the Committees of the State Duma of the Russian Federation, through the RTK, through the association of trade unions of Russia (FNPR) etc.

Implementing this function, trade union committees, formulating a reasoned opinion on a particular local legal act of an educational institution, carry out a substantive examination and in-depth analysis of it in order to protect members of the Trade Union from the negative consequences of the implementation of a normative act.

FUNCTION CONTROL. In accordance with the legislation of the Russian Federation, trade unions are given the right to monitor compliance by employers and their representatives with labor legislation and other regulatory legal acts containing labor law norms.

Trade union legal and technical inspectors, authorized (trusted) persons for labor protection in an educational institution have the right to freely visit organizations where trade union members work to conduct inspections of compliance with labor legislation, labor safety standards, as well as compliance with the terms of the collective agreement and agreement.

FUNCTION CO-MANAGEMENT. The main forms of participation of trade union organizations in management at the level of an educational institution are: taking into account the opinion of the trade union body in cases provided for by the Labor Code of the Russian Federation and the collective agreement; holding consultations with the employer (administration) on the adoption of local regulations containing labor law standards; obtaining information from the employer on issues directly affecting the interests of employees; discussing with the employer issues about the work of the institution, making proposals for its improvement; participation in the development and adoption of collective agreements; other forms determined by the constituent documents of the organization, a collective agreement or a local regulatory act of the organization.

One of the important forms of co-management is the receipt by the trade union committee from the administration of the necessary information on such issues as: reorganization or liquidation of the organization; introduction of technological changes entailing changes in working conditions for workers; professional training, retraining and advanced training of workers; on other issues provided for by the Labor Code of the Russian Federation, federal laws, constituent documents of the organization, and collective agreement. As part of the co-management function, the trade union committee has the right to make proposals on the above issues to the management bodies of the organization and participate in meetings of these bodies when they are considered. The implementation of the co-management function is an important mechanism for a trade union organization in the implementation of its statutory goals and objectives.

TRAINING FUNCTION. Determining the content of trade union training, developing the most effective methods and organizational forms of training of trade union activists, their improvement are the main problems in the activities of trade union training committees. When forming your own asset preparation system, you should actively introduce non-standard models for their preparation. In training programs, along with traditional questions, it is advisable to include rhetoric, logic and other unusual components that expand the capabilities of a trade union activist, especially in conditions of broad social partnership. It is important in the Trade Union organizations to create a learning environment that would actively contribute to the formation and development necessary qualities, abilities, skills. This is a complex task that requires constant attention and participation of all structures of the Trade Union in its resolution.

ORGANIZATIONAL FUNCTION. The organizational function permeates all areas of activity of trade union organizations, elected bodies in the trade union and is implemented at four levels.

• 1. Organizational (practical) level:
  • - ensuring the activities of the highest bodies of the trade union organization;
  • - ensuring the activities of collegial elected trade union bodies;
  • - organizing the work of permanent committees of the trade union committee;
  • - holding meetings, conversations, round tables, business negotiations, conferences, etc.;
  • - organization and use of oral and visual artistic information (lectures and performances, trade union corners, trade union committee information stands, announcements, information leaflets, exhibitions, etc.);
  • - organization and holding of cultural and sports events (evenings, sports competitions, etc.);
  • - organization of recreation (weekend trips, organization of family leisure, etc.);
  • - health-saving measures (preventive medical examinations, organization of sanatorium-resort treatment), etc.
• 2. Level of trade union rule-making:
  • - development and adoption of the Regulations on the organization;
  • - formation and adoption of decisions by senior and executive bodies trade union organizations (in the form of resolutions);
  • - formation of a motivated opinion of the trade union committee, etc.;
  • - formation and adoption of decisions of individual elected trade union bodies (chairmen of organizations in the form of orders);
  • - preparation and adoption of resolutions, statements, appeals, open letters on certain current social and labor problems in the team;
  • - formation of representations, appeals and claims to inspection bodies, trade union bodies and courts, etc.
• 3. Level of analytical and creative activity of the trade union committee:
  • - development of plans, determination of prospects for the development of the trade union organization, clarification of goals and specification of tasks;
  • - development of a draft collective agreement, agreement on labor protection, etc.;
  • - development of scenarios for events and promotions;
  • - generalization of the practice and experience of the commissions, trade union activists (drawing up information certificates);
  • - analysis of the state and results of the activities of elected trade union bodies in certain areas (statistical and other reports);
  • - preparation of teaching materials;
  • - preparation of newsletters, visual information, etc.
• 4. Technological level:
  • - adaptation of various methods of organizational and statutory work of the trade union committee; - adaptation of methods and recommendations for conducting collective actions, strikes, etc.
  • - development of measures to use experience and introduce new forms of work of trade union organizations into practice (trade union circles, experience in developing targeted projects for the activities of the primary organization, etc.);
  • - development of criteria for assessing the activities of standing committees and activists, identifying the effectiveness of the activities of trade union organizations, etc.

Functions of trade unions

The functions of trade unions are the main directions of their activities. Since trade unions arose to protect the rights and interests of workers, their main function is protective (the relationship “trade union - entrepreneurs”). The need to protect the rights and interests of workers in the world of work is especially relevant in the modern period, which has exposed socio-economic contradictions. Relations between trade unions and employers on social and labor issues are regulated by labor legislation at all levels of social partnership relations, from production to the federal level, while using their protective function, as well as their second most important function - representing the interests of workers (relationships "trade union - state"). Some economists add to these two a third function, economic - concern for increasing production efficiency. In the legal literature, the following functions are distinguished: protective, industrial, educational, social, international.

To effectively carry out these functions, the state has assigned to trade unions a number of rights and guarantees in rule-making, law enforcement and monitoring compliance with labor legislation and labor protection rules.

The protective function of trade unions is the activity of trade union bodies, as well as the labor inspectorates and activists under their jurisdiction, aimed at preventing violations and restoring violations of the rights and legitimate interests of workers in the field of labor, as well as bringing their violators to justice.

The functions of employee representation are expressly enshrined in Art. 29 of the Labor Code of the Russian Federation, according to which representatives of employees in social partnership are trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions. Federal Law of the Russian Federation "On trade unions, their rights and guarantees of activity" in Art. 11 “The right of trade unions to represent and protect the social and labor rights and interests of workers” and in Art. 1 these two are combined essential functions trade unions with their respective rights.

The function of representation is associated with defending the interests of employees not at the company level, but in state and public bodies. The purpose of the representative office is to create additional benefits and services. But in addition to these two, trade unions also carry out a cultural and educational function in educating their members in the spirit of patriotism and a political function in their participation in elections of state authorities and local governments.

The implementation of the protective and representation functions of trade unions is facilitated by the social regulation of social relations into which they enter in the course of their activities. Relations involving trade unions are usually regulated various types social norms - morality, traditions, etc.

However, legal regulation is also possible to ensure the representation and protection of the rights and legitimate interests of workers. The rights and obligations of trade unions in the sphere of labor constitute their legal status.

In addition to labor rights, trade unions have extensive rights in other areas of law: rights legal entity, ownership rights, participation in the management of state social funds, in the field of ecology, privatization, etc.

The rights and responsibilities of trade unions are closely interconnected. The legislatively established position of trade unions in the sphere of labor (labor legal status) represents a general measure of the legal capabilities of a given organization and its bodies in this area and serves as a source subjective rights and responsibilities of trade union bodies in legal relations. As a basic category, it characterizes the limits of legal possibilities for the activities of trade unions in this area, serves as a standard for the legality of the actions of trade union bodies, the completeness of the implementation of the legal powers granted to them

The activities of trade unions are regulated mainly by themselves as amateur public organizations with the help of internal trade union norms adopted by the governing trade union bodies. Such norms are not of a legal nature 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.

In conditions of intensified competition, trade unions began to realize that the well-being of workers depends not only on confrontation with entrepreneurs, but also on the growth of labor efficiency. Therefore, modern trade union organizations almost do not resort to strikes and actively participate in improving the professional training of their members and in improving production itself.

Fundamental rights of trade unions

Modern legislation allows trade unions to focus on fulfilling their main task - to represent and protect the socio-economic interests of workers; these rights characterize the relations of trade unions with state and economic decision-making bodies in the field of labor. In relation to state and economic bodies, the exercise of such powers by trade unions is their exercise of their rights. But in relation to workers, on whose behalf and in whose interests trade unions act, the exercise of the powers of trade unions is their responsibility. Therefore, the powers of trade unions are usually characterized as rights and obligations: rights in relation to state and economic bodies and obligations to workers.

The main rights and responsibilities of trade unions are listed in Chapter. II of the Law of January 12, 1996 Trade unions make proposals and express their opinions on draft legislation and other regulations affecting the social and labor rights of workers. Remuneration systems and labor standards are established by employers, taking into account the opinions of trade union bodies, and are enshrined in collective agreements.

Trade unions conduct collective bargaining and enter into and monitor collective agreements and agreements on behalf of workers. Trade unions have the right to participate in the settlement of collective labor disputes and, in accordance with the law, to conduct strikes and other collective actions. Relations between trade unions and government and economic bodies are built on the basis of social partnership. Trade unions, along with other social partners, participate in the management of state funds formed from insurance contributions (Articles 13, 14, 15 of the Law).

The powers of trade unions have varying legal powers. Legal force is characterized by the degree to which trade union proposals are binding on state and economic bodies. Some powers are advisory in nature, such as, for example, the participation of trade unions in the consideration of draft legislative acts affecting the social and labor rights of workers. The relevant government bodies are obliged to request the opinion of trade unions, listen to this opinion and discuss it, but they make decisions independently. Other powers of trade unions are of a parity nature: for example, collective bargaining agreements and agreements are adopted on a parity basis with trade union bodies.

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. All trade unions enjoy equal rights.

Every person who has reached the age of 16 and is engaged in labor (professional) activities has the right, at his own discretion, to create trade unions to protect his interests, to join them, to engage in trade union activities and to leave trade unions. Not only citizens can be members of Russian trade unions Russian Federation living both on the territory of the Russian Federation and outside its territory, but also foreign citizens and stateless persons living on the territory of the Russian Federation, except for cases established by federal laws or international treaties of the Russian Federation.

Trade unions can create their own associations (associations) on a sectoral, territorial or other basis taking into account professional specifics: all-Russian associations (associations) of trade unions, interregional and territorial associations (associations) of trade union organizations (Article 2 of the Law on Trade Unions).

The primary trade union organization unites members of trade unions, usually from one enterprise or organization, regardless of the form of ownership and subordination, acts on the basis of a regulation adopted in accordance with the charter, or on the basis general position on the primary trade union organization of the relevant trade union.

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. Interference by state authorities, local governments and their officials in the activities of trade unions is prohibited, which may entail a restriction of the rights of trade unions or impede the legal implementation of their statutory activities (Article 5 of the Law on Trade Unions).

Trade unions and their associations independently develop and approve their charters, their structure, and organize their activities. These acts regulate relations within the trade union itself with its members and trade union bodies. They are not sources of law, since they are acts of the public.

Legal personality of the trade union as a legal entity arises from the moment of their state (notification) registration with the Ministry of Justice of Russia or its territorial body in the constituent entity of the Russian Federation at the location of the corresponding trade union body. But trade unions have the right not to register, and then they do not acquire the rights of a legal entity (Article 8 of the Law on Trade Unions). It is prohibited to condition the hiring, promotion, or dismissal of a person on his membership or non-membership in a trade union.

Reorganization or termination of the activities of a trade union or primary trade union organization can be carried out only by decision of their members in the manner determined by the charter of the trade union, the regulations on the primary trade union organization, and their liquidation as a legal entity - in accordance with federal law.

If the activities of the trade union contradict the Constitution, constitutions (charters) of the constituent entities of the Russian Federation, federal laws, it may be suspended for a period of up to six months or prohibited by a decision of the Supreme Court of the Russian Federation or the relevant court of a constituent entity of the Russian Federation, but at the request of the Prosecutor General of the Russian Federation, the prosecutor of the corresponding constituent entity of the Russian Federation. Suspension or prohibition of trade union activities by decision of any other bodies is not permitted.

Thus, trade unions are part of political system societies as specific public organizations with their own tasks and functions determined by their charters. The main tasks of trade unions are related to the implementation of their function - the protection of the rights and interests of workers in the sphere of labor and other relations directly related to it.

Functions of trade unions– these are the directions of their activities. Since trade unions arose to protect the rights and interests of workers, their main function is protective. The need to protect the rights and interests of workers in the world of work is especially relevant in the modern period, which has exposed socio-economic contradictions. Relations between trade unions and employers on social and labor issues are regulated by labor legislation at all levels of social partnership relations - from production to the federal level, while using their protective function, as well as their second most important function - representation of employee interests. To effectively carry out these functions, the state has assigned to trade unions a number of rights and guarantees in rule-making, law enforcement and monitoring compliance with labor and labor protection legislation.

The protective function of trade unions is the activity of trade union bodies, as well as the labor inspectorates and activists under their jurisdiction, aimed at preventing violations and restoring the violated rights and legitimate interests of workers in the field of labor, as well as bringing their violators to justice.

The function of representing the interests of employees is directly enshrined in Art. 29 of the Labor Code, according to which representatives of workers in social partnership are trade unions and their associations, other trade union organizations provided for by the charters of all-Russian, interregional trade unions, or other representatives elected by employees in cases provided for by the Labor Code. In Art. 1 paragraph 11 of the Trade Union Law combines these two most important functions of trade unions with their corresponding rights.

But, in addition to these two functions, trade unions also carry out cultural and educational function to educate its members in the spirit of patriotism and political function on their participation in elections of state authorities and local governments.

The implementation of the protective function and the function of representing the interests of workers is facilitated by the social regulation of social relations into which they enter in the course of their activities. Relations with the participation of trade unions, as a rule, are regulated by various types of social norms (morality, tradition, etc.). However, legal regulation is also possible to ensure the representation and protection of the rights and legitimate interests of workers.

Limits legal regulation relations with the participation of trade unions depend on the state of social relations, the degree of their development, the socio-economic and political conditions in which they develop.

Crisis recent years, the devaluation of many social guarantees, as a consequence, a significant reduction in the income of workers and their families - increases the relevance of the activities of trade unions and the tasks facing them. Increasing human potential, as one of the main factors of economic growth in the country, the growth of real stable incomes of workers, the level pension provision and the quality of life of people, eliminating the causes of poverty - these are the main priorities of the work of Russian trade unions in modern conditions.

Directions of the functioning of the trade union

One of the priorities of the trade union at all its levels continues to be work to defend the economic interests of trade union members, as well as labor and professional ones. These issues are reflected in the demands of trade unions to the legislative and executive authorities. It is important that his voice is not only heard, but that he actually influences the decisions that affect workers.

Activity goals

The goals and objectives of the trade union are known:

1. Presentation of demands and protection of opinions, benefits and development of trade union members: economic, professional, social, domestic, improvement of the standard of living of trade union members.

2. Implementation of the legal right of trade unions at all levels to representation in management bodies.

3. Significant improvement in the criteria for the quality of life of workers - members of the trade union.

Tasks of the trade union

The cornerstone task of the trade union is to participate in improving legislation affecting the social and labor rights of trade union members, and to oppose attempts to reduce the social protection of workers. The main tasks remain relevant for the trade union:

1. Striving for decent and fair wages, pension and social benefits, and scholarships for students.

2. Representing the interests of workers in various areas and at all levels, participation in collective negotiations, concluding collective agreements on behalf of the workforce and monitoring the implementation of the directions of the collective agreement.

3. Directing its powers to maintain guarantees of education and medical care for workers.

4. Monitoring the implementation by employers of the Labor Code of the Russian Federation and other laws and regulations, protection against illegal dismissals.

5. Monitoring the employment of citizens of working age and compliance by administrative personnel with the staff reduction procedure and providing guarantees to employees dismissed under this article.

6. The task of the trade union is to strengthen control over labor protection and safety in the workplace.

7. Participation in planning advanced training of employees.

8. Development of a policy on cooperation of all trade union organizations and associations, development and strengthening of professional solidarity.

Means of solving goals and objectives

To fulfill the Charter and its tasks, the trade union takes the following measures:

1. Takes part in programs and draft laws and other acts based on labor law, socio-economic policy on labor and professional rights of workers and students, as well as other issues in the interests of its members.

2. Actively participates in government programs for employment, offers real measures to assist persons laid off as a result of downsizing, reorganization or liquidation of enterprises, in supporting such workers by improving their skills and professional retraining.

3. If possible, implements its projects in and on gender issues.

4. Initiates the creation of various consultations and labor inspections, develops regulations for their activities to protect the professional boundaries of its members.

5. Prepares statements of claim, acts as a defender of trade union members in the courts, the prosecutor's office, administrations, and before employers regarding problems in the workplace.

6. Promotes the implementation of measures to improve the quality of life of workers, for this purpose it delves into the livelihoods of workers of various professional communities and students.

Influence on the legislative framework of the state

The trade union is directly involved in the development of indicators of consumer needs, taking into account the cost of living and fluctuations in the price range for goods and services. The trade union inspects the norms of labor law acts of the Russian Federation in accordance with the procedure established by law. Takes measures aimed at effectively preventing corruption. The trade union supports the development of non-state funds to provide for its members. Takes an active part in the management of extra-budgetary funds of the state. To organize and conduct events aimed at improving health, and cultural and educational events, it uses significant financial resources.

The trade union is developing the sanatorium and resort sector, owns a significant number of boarding houses and sanatoriums and other recreational facilities for use by trade union members at a discounted price. Labor protection is under the constant control of the trade union. The trade union initiates cooperation with trade unions in other countries; it is an active participant in the international trade union movement.

Trade union at the enterprise

At enterprises the trade union:

1. Initiates independently, as well as on behalf of trade union members, filing applications with labor inspectorates.

2. Promptly helps members of its organization with various assistance: material, informational and methodological, legal, advisory and others.

3. Monitors compliance by the administrations of enterprises and organizations with the Labor Code, the terms of collective agreements, labor protection, safety regulations, social insurance and security, medical care, improvement of living and living conditions and other types of worker protection.

4. The tasks of the trade union in the organization are the settlement of collective labor disputes using various forms of protection within the framework of the law, up to the organization of strikes, meetings, rallies and demonstrations, parades, demonstrations and other collective actions.

5. The trade union, within the scope of performing its functions, conducts financial and economic activities.

6. Draws up estimates of income and expenses, can create various funds.

7. Ensures the development of personnel policy through the preparation, retraining and education of trade union activists - these are also the tasks of the trade union at the enterprise.

8. Develops relationships with other trade unions and their associations, social movements, may be a member of all-Russian trade union associations.

Trade union in modern conditions

Influences modern conditions the trade union's tasks have been especially noticeable recently, when Russia has been presented with new challenges in foreign economic policy, requiring the search for new beacons of foreign economic partnership. In response to advocacy national interests our state has received sanctions from the United States and European countries. Causing maximum economic damage to our country is their goal. This is how external factors influence the economic situation. But the deep problems of the Russian economy are internal. This is income dependency. state budget from energy prices, undeveloped mechanisms of financial and credit support for the real sector of the economy, ineffectiveness of public and private governance, increasing social stratification.

In the economic sphere, trade unions seek to protect workers, ensure stable economic development, increasing the competitiveness of domestic goods and services, investing in human resources and creating on this basis conditions for self-realization and increasing the degree of social protection of workers, improving the well-being of the entire population and quality of life.

Basic principles of the trade union

The basic principles of the work of trade union organizations include the following:

1. Joining and leaving a trade union on a voluntary basis, equal rights for its members.

2. Responsibility of trade union organizations to trade union members for compliance with the Charter.

3. Collegiality in the work of all trade union organizations, personal responsibility of workers elected to trade union bodies.

4. Transparency of activities, openness of reporting in the work of trade union organizations at all levels.

5. Obligation and accuracy of fulfillment of the assigned tasks of the trade union, adopted within the framework of the Charter of the trade union.

6. Every union member is important.

7. Election of trade union committees in accordance with the law and the Charter.

8. Independence and acquisition of decision-making authority.

9. Compliance with accounting and financial discipline.

Trade union movement vector

The main task of the trade union is to develop Russian program decent work. Because the foundation for the development of the country and the well-being of the citizen is the decent work of everyone.

Five tasks of the trade union for the coming years

Effective employment and a balanced employment market are necessary conditions for decent work. In light of the current situation, the main five tasks of trade unions for the coming years have been identified:

1. Creation of effective high-quality jobs in the process of economic modernization.
2. Elimination of shadow labor relations, recruitment to work without proper execution of an employment contract.
3. State regulation of issues of labor migration, admission of foreign workers, taking into account the priority employment of Russian citizens.
4. Concluding labor contracts with foreign workers and migrant workers, providing them with medical care, education, and social insurance.
5. Increasing the level of material support for unemployed citizens, increasing the amount of unemployment benefits, assistance in employment.

In order to quickly solve problems, the efforts of trade unions are aimed, first of all, at ensuring effective employment and creating decent, effective jobs.

A trade union is a voluntary public association of citizens bound by common production and professional interests in the nature of their activities, created for the purpose of representing and protecting their social and labor rights and interests.

Every person who has reached the age of 14 and is engaged in labor (professional) activities has the right, at his own discretion, to create trade unions to protect his interests, to join them, to engage in trade union activities and to leave trade unions. Russian trade unions can include not only citizens of the Russian Federation living both on the territory of Russia and outside its territory, but also foreign citizens and stateless persons living on the territory of Russia, with the exception of cases established by federal laws or international treaties of the Russian Federation.

Trade unions can create their associations according to industry, territorial or other characteristics taking into account professional specifics (all-Russian associations of trade unions, interregional and territorial associations in accordance with Article 2 of the Law on Trade Unions).

The primary trade union organization unites trade union members of one enterprise or organization, regardless of their form of ownership and subordination. The primary trade union organization operates on the basis of regulations adopted in accordance with the charter.

The activities of trade unions are independent (i.e., unaccountable and uncontrollable) from executive authorities, local governments, employers, their associations, political parties and other public associations. Interference by state authorities, local governments and their officials in the activities of trade unions is prohibited, which may entail a restriction of the rights of trade unions or impede the legal implementation of their statutory activities (Article 5 of the Law on Trade Unions).

Trade unions and their associations independently develop and approve their charters, their structure, organize their activities, i.e., regulate relations within the trade union itself with its members and trade union bodies.

The legal personality of a trade union as a legal entity arises from the moment of their state (notification) registration with the Ministry of Justice of the Russian Federation or its territorial body in the subject of the Russian Federation at the location of the corresponding trade union body. But trade unions have the right not to register, in which case they do not acquire the rights of a legal entity (Article 8 of the Law on Trade Unions).

If the activities of a trade union contradict the Constitution of the Russian Federation, the constitutions (charters) of the constituent entities of the federation, federal laws, it may be suspended for a period of up to six months or prohibited by a decision of the Supreme Court of the Russian Federation or the relevant court of the constituent entity of the federation upon the application of the Prosecutor General of the Russian Federation, the prosecutor of the relevant subject of the federation. Suspension or prohibition of trade union activities by decision of any other bodies is not permitted.

The main tasks of trade unions are related to the implementation of their functions. The functions of trade unions are the directions of their activities.

Since trade unions arose to protect the rights and interests of workers, their main function is protective. The protective function of trade unions is to carry out activities to prevent violations and restore the violated rights and legitimate interests of workers in the sphere of labor, as well as to bring their violators to justice.

The second function of trade unions is representative. The function of employee representation is expressly enshrined in Art. 29 of the Labor Code of the Russian Federation, according to which representatives of workers in social partnership are trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions. Law on Trade Unions in Art. 11 “The right of trade unions to represent and protect the social and labor rights and interests of workers” and in Art. 1 brings together these two essential functions of trade unions with their respective rights.

Fundamental rights of trade unions

To effectively carry out their functions, the state has assigned a number of rights and guarantees to trade unions:

– in rule-making;

– law enforcement;

– monitoring compliance with labor and labor protection legislation.

The basic rights and responsibilities of trade unions are listed in Chapter. II of the Trade Union Law, according to which trade unions have the right:

– make proposals and express their opinions on draft laws and other regulations affecting the social and labor rights of workers;

– participate in the development of state employment programs; they must be notified of impending production stoppages and job cuts. In cases established by law, the dismissal of an employee who is a member of a trade union can only be carried out taking into account the opinion of the elected trade union body (Article 12 of the Law on Trade Unions);

– conduct collective negotiations and conclude collective contracts and agreements on behalf of employees, as well as monitor the implementation of collective contracts and agreements;

– participate in the settlement of collective labor disputes, carry out strikes and other collective actions in accordance with the law;

– participate in the management of state funds formed from insurance contributions (Articles 13–15 of the Law on Trade Unions);

– receive information on social and labor issues free of charge and without hindrance from state and economic bodies;

– carry out trade union control over compliance with labor legislation and create their own labor inspectorates for this purpose.

Trade union labor inspectors, authorized (trusted) persons for labor protection of trade unions have the right:

1) exercise control over compliance with labor legislation and other regulatory legal acts containing labor law standards;

2) carry out independent examination working conditions and ensuring the safety of the organization’s employees;

3) take part in the investigation of industrial accidents and occupational diseases;

4) receive information from managers and other officials of organizations about the state of labor conditions and safety, as well as about all industrial accidents and occupational diseases;

5) protect the rights and interests of members of the trade union on issues of compensation for harm caused to their health at work (work);

6) present demands to employers to suspend work in cases of immediate threat to the life and health of workers;

7) send employers proposals to eliminate identified violations of laws and other regulatory legal acts containing labor law norms that are mandatory for consideration;

8) check the state of labor conditions and safety, fulfillment of employers’ obligations stipulated by collective agreements and agreements;

9) take part in the work of commissions for testing and commissioning of production facilities and means of production as independent experts;

10) take part in the consideration of labor disputes related to violations of labor protection legislation, obligations provided for by collective agreements and agreements, as well as changes in working conditions;

11) take part in the development of laws and other regulatory legal acts containing labor law standards;

12) take part in the development of draft by-laws and regulatory legal acts on labor protection, as well as coordinate them in the manner established by the Government of the Russian Federation;

13) contact the relevant authorities with a demand to bring to justice persons guilty of violating laws and other acts containing labor law norms and concealing facts of industrial accidents.

Trade unions, through authorized (trusted) persons in charge of labor protection, have the right to freely check compliance with labor protection requirements in organizations and make mandatory proposals for consideration by officials to eliminate identified violations of labor protection requirements (Article 370 of the Labor Code of the Russian Federation).

Trade unions can defend their interests in labor dispute resolution bodies. In cases of violation of labor legislation, trade unions have the right, either at the request of trade union members, other workers, or on their own initiative, to submit a statement in defense of their labor rights to the bodies that consider individual labor disputes.

The powers of trade unions are of a different nature:

– some powers are advisory in nature, for example, the participation of trade unions in the consideration of draft legislative and other normative acts consists in the mandatory consideration of the opinions of trade unions on the content of the draft normative legal acts (the relevant government bodies are obliged to request the opinion of trade unions, listen to this opinion and discuss it, but they make the decision independently) ;

– other powers of trade unions are of a parity nature: for example, collective bargaining agreements are adopted on a parity basis with trade union bodies;

– the third powers are of an independent nature, when trade unions decide to conduct strikes.

Guarantees of trade union rights

The Law on Trade Unions and the Labor Code of the Russian Federation established a system of guarantees of trade union rights, i.e., a system of conditions necessary to ensure the implementation of the powers of trade unions.

The system of such legal guarantees includes the following guarantees.

1. Property guarantees for the activities of trade unions consist in the recognition, inviolability and protection of the property rights of trade unions. In the legislation, these guarantees are formulated mainly as the rights of trade unions: the right of ownership of property and cash necessary to fulfill statutory tasks; the right to own and use property transferred to trade unions for economic management (management); right of a legal entity.

Trade unions may own land plots, buildings, structures, structures, health institutions, cultural, educational, scientific and educational institutions, housing stock, various other organizations, including publishing houses, printing houses, as well as securities and other property necessary to ensure the statutory activities of trade unions.

The sources, procedure for the formation of property and use of trade union funds are determined by their charters and regulations on primary trade union organizations.

Financial control over the funds of trade unions is not exercised by executive authorities, with the exception of control over funds from entrepreneurial activity. Restrictions on the independent financial activities of trade unions are not allowed, and the property of trade unions can only be alienated by a court decision.

2. Personal guarantees for the activities of trade unions consist in special protection of the right to work of workers who are members of elected trade union collegial bodies.

Employees who are members of the elected trade union collegial bodies, as well as the heads of the elected trade union collegial bodies of the organization, can be dismissed at the initiative of the employer in accordance with clause 2, sub-clause. "b" clauses 3 and 5 of Art. 81 of the Labor Code of the Russian Federation only taking into account the reasoned opinion of the elected trade union body. In the absence of a higher elected trade union body, the dismissal of these workers is carried out in compliance with the procedure established by Art. 373 Labor Code of the Russian Federation.

If it is necessary to participate as delegates in congresses and conferences convened by trade unions, as well as to participate in the work of their elected bodies, members of elected trade union bodies who are not exempt from their main work in a given organization are exempt from it. The conditions for release from work and the procedure for paying for time spent participating in these events are determined by a collective agreement or agreement (Article 374 of the Labor Code of the Russian Federation).

An employee who is released from work in an organization in connection with his election to an elective position in the trade union body of this organization, after the end of his term of office, is given his previous job (position), and in its absence, with the consent of the employee, another equivalent job (position) in the same organization . If the employee refuses the offered job (position) employment contract with him is terminated according to clause 7 of Art. 77 Labor Code of the Russian Federation.

The working time of released trade union workers elected to the elective trade union body of a given organization is counted towards their general or special work experience.

An employee released from his main job due to his election to the elective body of the primary trade union organization has the same labor rights, guarantees and benefits, like other employees of the organization in accordance with the collective agreement (Article 375 of the Labor Code of the Russian Federation). If it is impossible to provide the corresponding job (position) at the previous place of work in the event of reorganization of the enterprise, its legal successor, and in the event of liquidation of the organization, the all-Russian (interregional) trade union retains this employee's average earnings for the period of employment, but not more than six months, and in the case of study or retraining - for a period of up to one year. The working time of released trade union workers elected to the elective trade union body of a given organization is counted towards their general or special work experience.

3. The obligation of employers to create conditions for the implementation of the activities of an elected trade union body is that the employer is obliged to provide free of charge to the elected trade union bodies of primary trade union organizations operating in the organization premises for holding meetings, storing documentation, and also provide the opportunity to post information in a place accessible to all workers on site.

In an organization with more than 100 people, the employer provides free of charge for the use of the elected trade union bodies operating in the organization at least one equipped, heated, electrified room, as well as office equipment, communications equipment and the necessary regulatory legal documents.

The employer may provide, in accordance with the collective agreement, for free use by the elected trade union body of this organization, recreation centers, sports and health centers necessary for organizing recreation, conducting cultural, physical and recreational work with employees and members of their families.

Remuneration for the work of the head of the elected trade union body of the organization can be made at the expense of the organization in the amounts established by the collective agreement (Article 377 of the Labor Code of the Russian Federation).

At the same time, economic maintenance, repairs, heating, lighting, cleaning, security, as well as equipment of these facilities are carried out by the organization, unless otherwise provided by the collective agreement or agreement.

4. State supervision and control over compliance with legislation on trade union rights is called upon to be carried out by the prosecutor's office, since it is entrusted with the functions of state supervision of legality. Public control The observance of trade union rights is carried out by the trade unions themselves (their bodies) and the legal labor inspectorate under their jurisdiction.

5. Legal liability, i.e. the statutory obligation to bear punishment for violations of trade union rights, is also an important condition for ensuring trade union rights.