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Viewed from the point of view of the harsh language of jurisprudence, trade union(trade union) is an association of workers on a voluntary basis associated with each other professional interests. The ultimate goal of a trade union as an organization is to protect the rights and interests of its members, both at the labor and socio-economic levels. Now let's take a closer look at who needs a trade union and why, as well as how to create a trade union organization and attract your colleagues to it.
Why is a trade union needed?
When hired for a job, a person understands that he will be given certain tasks that he will have to perform. Based on the specifics labor relations, the employee, on a number of issues, has to obey the employer, which directly indicates the need to fulfill certain requirements. In a certain sense, the employee becomes dependent on his boss. Unfortunately, not all managers are equally pleasant both in work and in personal terms. Among them there are those who are happy to burden their subordinates with additional responsibilities, pay less, unfairly apply some kind of disciplinary action, and in other respects do not respect the labor code. What happens if a conflict situation arises between a manager and an employee?
Having encountered unfair and even illegal treatment, an employee is often unable to resist his superiors and cannot find adequate and correct countermeasures. The manager, if necessary, has the right to deprive the employee of his position by raising the issue of his dismissal or apply other disciplinary measures for which the manager’s imagination and conscience are sufficient. At the same time, we should not forget that behind the management there are almost always legal and personnel services who are ready to professionally defend the interests of the “breadwinner”. In this situation, the employee actually turns into a powerless piece of a large mechanism, and there is no guarantee that his legal labor rights will be respected.
The situation changes if a trade union is included in the proceedings of the labor conflict. A trade union, which includes many employees, creates a single community that is ready to resist any arbitrariness of the employer. The trade union will protect the rights of each member, that is, the entire force of the boss’s “fire” will fall on the organization, and not on a specific employee. It has been noted that enterprises do not risk initiating litigation with trade unions. The same goes for their members. Main role This is where cohesion comes into play - it is impossible for a trade union to be reprimanded or, for example, fired due to a change in staffing.
Workers create and join trade union organizations to seek solutions to emerging issues together, rather than waste time searching for the truth individually.
How will a trade union help an employee? After joining such an organization, a worker receives the rights:
For socio-economic benefits and all those norms that are specified in his employment contract
To receive free legal advice when asking questions about hiring, transferring to another position, dismissal from an enterprise, working and rest hours, the problem of labor protection, receiving compensation, guarantees. If necessary, a trade union, at the request or instruction of a member of this organization, can, even without the participation of an employee, help him resolve controversial issues in relations with the owner of the enterprise;
To support the trade union and specialists of this organization in clarifying the specifics of remuneration, establishing the size of the salary, and the schedule for its payment;
To the help of the trade union, if the employee wishes to improve his own qualifications and increase wages upon completion of additional training;
For explanations from the trade union organization in case of unfair dismissal of an employee and other unlawful actions of the employer in pre-trial and judicial proceedings;
Free legal assistance to employees to resolve legal issues;
To competently and timely protect the interests of the worker regarding the improvement of his working conditions at a particular enterprise;
To clarify the rights of the employee and his protection during the investigation of accidents due to the nature of his service, occupational diseases, defending the interests of the employee by the trade union in compensation for damage received at work;
On financial support workers in difficult life situations;
To provide additional insurance for yourself and family members in the event of accidents;
To support the employee if it is necessary to improve the living conditions of the worker and his family, providing interest-free loans;
To help the trade union in allocating vouchers for preferential treatment at resorts and sanatoriums, for vacations for family members and their recovery;
For preferential or free use of sports and cultural facilities of trade unions, special equipment.
Any worker must understand that by not becoming a member of an organization such as a trade union, he deprives himself of any support from the association. He independently creates a critical situation and remains alone against the employer. The employee is forced to deal with the delay in payment of wages, compensation for harm to health if he receives any injuries at work, or dismissal from service.
When collaborating with a trade union, the employer receives the following benefits:
He gets a non-profit partner, whose role is fixed and justified under current legislation. Such an assistant also takes on the responsibility stipulated by the norms;
The trade union monitors compliance with the interests of workers, which means it fulfills part of the social obligations of the owner of the enterprise;
The partner is aimed at increasing production results, strengthening the “fighting spirit” of employees, and maintaining proper labor discipline;
The trade union can help resolve labor disputes out of court (of course, if both parties wish); any disagreements are easier to resolve with a competent organization, rather than with a spontaneously formed group of workers;
The trade union helps in ensuring practical standards of labor protection and compliance with Russian labor legislation.
Based on this, any owner working for the future feels the need for coordinated work with the trade union. The organization serves to ensure control over the proper implementation of labor protection agreements. The union is also interested in reducing injuries and deaths of workers at work. This means a reduction in material losses during the elimination of post-emergency situations.
Trade unions - how are they created?
The first step will be to create a primary trade union organization, simplified synonyms for this term are simply “primary” or the abbreviation PPO. In accordance with Russian legislation, a primary organization, can be founded by three people, each over 14 years of age, who wish to become members of an established trade union. The primary trade union organization is created during the first meeting of the founders. But in addition to the actual decision-making on creation, the purpose of such a convocation will be to discuss the candidacy of the chairman of the trade union organization, select the trade union committee and adopt the regulations on the “primary”.
The decision to organize a professional trade union is transferred to a higher-ranking trade union body, then it is the turn of confirmation this decision for a specific enterprise, transferring it to service by a trade union. Thus, each “primary” organization receives two main documents - this is the decision of the founders to create a PPO, plus the decision made by the highest body of the trade union.
As soon as the agreed decision has been made, this “primary” is automatically considered formed. It can already carry out its activities as specified by the Charter, and also receives all the rights provided for. The PPO also accepts obligations determined in accordance with the legislation and the documentation of the trade union.
Step-by-step creation of a primary trade union organization:
Step 1: Finding Supporters
If your goal is the formation of a primary trade union organization at an enterprise, first of all you need to find supporters of creating a “primary” among your colleagues and together outline methods of interaction with the employer, depending on the situation.
Step 2: contact with a large trade union association
An initiative group of like-minded people should begin negotiations with representatives of the all-Russian trade union or association of trade unions at the regional level. It is best to focus on the trade union whose industry your enterprise (institution) belongs to. So, clinic workers should contact the Health Care Trade Union, and metallurgists should contact the Mining and Metallurgical Trade Union of Russia. During these negotiations, the issue of the possibility of organizing a “primary” at the enterprise is considered, and the preparation of primary documents for the formation of a PPO begins.
Step 3: campaigning at the enterprise
In order to fulfill the assigned tasks (creation and development of a primary organization, negotiating with the administration, and so on), the initiative group must conduct a series of campaign events. De facto, this means that the employees of this enterprise need to convey information about the goals that the trade union organization sets for itself. Tell them how the parent union you want to become a member of works. Explain to workers what a collective agreement is, how it helps to achieve increased pay, improved production conditions, providing each employee with social guarantees, etc. The essence of the campaign, naturally, may vary depending on current situation at the enterprise and the most problematic aspects of working there. In essence, it is necessary to convey to the team why you decided to turn to the practice of creating a trade union organization.
Step 4: holding a “primary” meeting
It is necessary to find out the employer's position regarding the idea of forming a trade union. Provided that the management is clearly against the union of workers, it is better to prepare for the “primary” meeting without much publicity. Please note that the employer does not need to know the time and date on which this meeting is scheduled. Remember: the meeting can be held both on and off site.
If the owner of an enterprise is loyal to the formation of a trade union and is ready to build partnerships with the trade union, there is no need to hide information from him. In this case, the process of forming a primary group for the initiative group is greatly simplified.
After clarifying the details of organizing a trade union meeting (it is best to use specialized trade union literature, or the help of specialists from a higher trade union organization) and developing an agenda for the future meeting, you can notify all workers who are in favor of joining the trade union about the date and time of its holding. At the meeting itself, the above-mentioned decision is made, an organization committee, an audit body, etc. are formed.
What errors need to be taken into account at this step:
Most of those who came to the meeting will receive the documents collected by the founders for the first time. The same applies to candidates nominated for the posts of chairman and other heads of the PPO. It must be taken into account that participants can draw hasty conclusions and transfer the entire burden of finalizing the papers to the founders. To eliminate such a moment (and this must be done, because the organization will not be formed without the appropriate documents), it is worth distributing draft documents before the start of the meeting. And at the meeting together, by vote, accept them in the form in which they exist, or make the necessary amendments to them.
If a meeting is scheduled during working hours without the consent of the owner of the enterprise, this is fraught with the possibility of the employer making a demand for a ban on holding the meeting, or disciplinary sanctions against the employees of the enterprise participating in the meeting. However, if the employer was notified of the event in advance and expressed its consent, or the event will take place outside working hours and not on the territory of the enterprise, there should be no obstacles. Let us remind you once again that a meeting of participants to create a primary trade union organization does not have to be held on the territory of a specific enterprise.
The desire of the founders to attract as many participants as possible to the meeting may delay the start of the event. In addition, the gathering of many people can harm the meeting in the sense that it will be difficult to achieve organized decision-making.
During this period, employers often put forward the following arguments justifying their position against the organization of professional training:
The trade union organization does not have a higher governing body, which means that the competence of the “primary” is in doubt.
To put forward a counter-argument, it is enough to attract to participation in the meeting members of trade unions located in your territory, those organizations that you intend to join. And then at the founding meeting there will be a conversation about joining the ranks of this trade union.
We are a state, closed, private or other enterprise, which means that the functioning of a trade union is not possible!
To this we can answer that, according to existing legislation, the activities of trade unions cannot be regulated by the form of ownership of the enterprise, its organizational and legal form. A trade union is an organization independent of both the employer and the state.
The meeting will have to decide on the need for education legal entity. Or about the possibility of action without this procedure. If the meeting participants are in favor of obtaining the rights of a legal entity, the meeting must appoint a person responsible for carrying out registration. Traditionally, these responsibilities are entrusted to the chairman of the educated primary.
It is worth knowing that the primary trade union organization does not need mandatory state registration. This suggests that registration is just a right, not a necessity. In addition, registration takes place on a notification basis. If you wish, you can refuse to register as a legal entity. At the same time, there will be no obstacles to functioning as a public organization.
What are the advantages of registering a “primary” entity as a legal entity? The PPO will be able to officially enter into agreements, maintain its own bank account, own and manage its own property on the organization’s balance sheet. Such privileges make the status of a legal entity attractive for the primary trade union organization. That is, the PPO will be able to easily solve its business affairs. And the status is needed more for this than for protecting the rights of workers and representation in court.
Each participant in the PPO meeting must draw up and submit an application to join the trade union. Also, members of the primary organization must attach statements stating that they do not object to the collection of mandatory contributions for each trade union member (for Russian trade unions, the most common contribution amount is 1% of wages). The admission of members to the trade union is entrusted to the “primary”; this is stipulated in the charter of each sectoral trade union. Membership fees will be charged in accordance with the charter of a particular trade union. In accordance with the Trade Union Law, the employer is obliged to transfer trade union dues to the primary trade union organization free of charge.
If creating a trade union organization still seems difficult to you, you feel that you will not be able to understand all the legal aspects yourself, or you are afraid that after the PPO the employer may begin to put pressure on you and your colleagues, you may need help.
Specialists from all-Russian trade unions that are part of the Federation of Independent Trade Unions of Russia (FNPR) will help you organize a primary trade union organization. To do this, you need to decide which industry trade union your enterprise is most suitable for, go to the website of this organization and find there contact information. You can also visit the regional trade union association and find out everything you need regarding the creation of a primary organization.
In addition, you can always contact the Central Trade Union Newspaper “Solidarity”, where they will tell you any necessary information and will give you all the necessary contacts.
Legislative basis for the work of trade unions in the Russian Federation
The activities of trade unions, like any other public organization, are subject to certain laws. We present to you the documents regulating the activities of trade unions on the territory of the Russian Federation.
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Born on July 18, 1952 in the Moscow region. Graduated from the Moscow Engineering Physics Institute. Served in the internal affairs bodies of the Ministry of Internal Affairs of the USSR and the Ministry of Internal Affairs of Russia from 1981 to 2008 at various leadership positions in the Moscow police and in the central apparatus of the Russian Ministry of Internal Affairs. Major General internal service retired. He taught at the Academy of Management of the Ministry of Internal Affairs of Russia. |
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Modern trade union organizations of internal affairs bodies are overwhelmingly included in the All-Russian Trade Union of Workers government agencies And public services Russian Federation. They operate in almost all constituent entities of the Russian Federation and unite over 50 thousand members.
Currently, at the federal level, in accordance with the legislation of the Russian Federation, the “Industry Agreement on Bodies, Organizations, and Divisions of the Ministry of Internal Affairs of the Russian Federation for 2018 - 2020” has been concluded and is in force between the Ministry of Internal Affairs of Russia and this trade union for the purposes of:
1) determining, in a contractual manner, agreed positions on creating the necessary labor and socio-economic conditions for federal government civil servants, workers and civilian personnel of the internal troops of the system of the Ministry of Internal Affairs of the Russian Federation;
2) ensuring the stable and effective activities of organizations, institutions, divisions, bodies of the system of the Ministry of Internal Affairs of the Russian Federation.
How to join the Trade Union?
In order to join the Trade Union, you need to write an application to the Trade Union organization at your place of work or contact Trade Union Committee Primary trade union organization of the Ministry of Internal Affairs of Russia by phone. 8 495 667-62-50 , 8 495 667-77-96 . Those admitted as members of the Trade Union are given a trade union card, an registration card is filled out and the trade union experience is calculated from the date of admission. As a member of a trade union, an employee can always count on the support and assistance of the team.
Terms of office of the trade union committee of the primary trade union organization uniting:
The trade union committee is accountable to the meeting (conference) of the primary trade union organization and the higher bodies of the Trade Union, reports on its work to members of the Trade Union at the meeting (conference) of the primary trade union organization, the united primary trade union organization, uniting:
Up to five thousand members of the Trade Union - at least once a year;
Over five thousand members of the Trade Union - at least once every two and a half years.
Meetings of the trade union committee are held in the primary trade union organization, which unites:
Up to five thousand members of the Trade Union - at least once a month;
Over five thousand members of the Trade Union - at least once every six months.
The Presidium of the Central Committee of the Trade Union may establish a different frequency of meetings of the trade union committee.
The meeting of the trade union committee is chaired by the chairman of the primary trade union organization, and in his absence - by the deputy chairman.
Decisions of the trade union committee are made in the form of resolutions and signed by the chairman.
Powers of the trade union committee:
6.5.1. defines organizational structure primary trade union organization in accordance with this Charter and General provision on the primary trade union organization, coordinates the activities of the primary trade union organizations included in its structure;
6.5.2. elects, at the proposal of the chairman of the primary trade union organization, a deputy chairman (deputies), as a rule, from among the members of the trade union committee, distributes responsibilities among the members of the trade union committee;
6.5.3. convenes a meeting (conference) within the time limits provided for in clause 6.4. Charter. Establishes the norm of representation (quota) for the conference and representatives delegated to the trade union committee, and also confirms the powers of the members of the trade union committee in the event of their replacement, if they are elected on the principle of direct delegation.
6.5.4. protects the rights and interests of Trade Union members in the field of organization, payment, conditions and labor protection;
6.5.5. makes a decision on the announcement of collective actions with prior notification to the higher body of the Trade Union;
6.5.6. participates in the consideration of proposals for additional social and labor guarantees, compensation and benefits for employees compared to the legislation;
6.5.7. represents the primary trade union organization in the bodies state power, local government bodies, before the employer (his representatives), in public associations, other organizations.
Protects and represents the interests of employees of the organization (structural unit) in social partnership, in the exercise of the right of employees to participate in the management of the organization, in the settlement of labor disputes, organizes and conducts collective negotiations, concludes a collective agreement, agreement, makes changes and additions to them, and exercises control for their implementation;
6.5.8. extends the validity of collective agreements and agreements;
6.5.9. assists the management of an organization (structural unit) of an economic entity in resolving issues related to creating working conditions for workers, strengthening labor discipline, ensuring train safety and other issues production activities;
6.5.10. considers, together with the head of the organization (structural unit) of the economic entity, the fulfillment of obligations under the collective agreement, agreement, measures to organize and improve working conditions, requires the elimination of identified deficiencies;
6.5.11. participates in the work of the commission (committee) on labor protection, organizes elections and work of authorized representatives ( proxies) on labor protection of the Trade Union, exercises trade union control over compliance with acts containing standards labor law, including in the field of labor protection, health, labor and other relations directly related to them, conducts an independent examination of the state of working conditions and ensuring the safety of workers, takes part in the investigation of accidents and occupational diseases at work, and, if necessary, carries out their independent investigation ;
6.5.12. in accordance with the law, carries out protective functions regarding compliance by the employer (his representatives) with the work and rest regime of employees;
6.5.13. in accordance with the law and in agreement with the higher body of the Trade Union, participates in the settlement of collective labor disputes;
6.5.14. takes part in the development of measures to prevent unemployment among members of the Trade Union, monitors the provision by the employer (his representatives) of timely information about possible dismissals, compliance with the guarantees established by law in the event of a reduction in staff or the number of employees - members of the Trade Union, payment of compensation, benefits, protects against the employer (his representatives) and law enforcement agencies interests of employees - members of the Trade Union, dismissed at the initiative of the employer (its representatives);
6.5.15. approves and makes demands on the employer (his representatives) to establish new or change existing working and living conditions for employees, conclude and implement a collective agreement, organize and carry out collective actions of employees in support of their demands in the manner prescribed by law;
6.5.16. provides members of the Trade Union with free legal and advisory assistance;
6.5.17. participates in the work of the social insurance commission, monitors the use of funds social insurance;
6.5.18. carries out cultural and sports work, participates in organizing children's recreation, tourism, and health improvement for Trade Union members and their families.
Interacts with state authorities, local governments, employers (their representatives) in resolving issues related to the development of sanatorium-resort treatment, a network of cultural institutions, recreation, tourism, physical culture and sports;
6.5.19. informs the higher bodies of the Trade Union about the most important decisions made;
6.5.20. carries out work to motivate membership in the Trade Union, registers members of the Trade Union, approves statistical and other reports of the primary trade union organization;
6.5.21. informs members of the Trade Union about their work, the activities of the higher bodies of the Trade Union, the socio-economic situation in the organization (structural unit), in the industry, region, country, proposals and demands of the Trade Union;
6.5.22. organizes the implementation of decisions of higher bodies of the Trade Union;
6.5.23. disposes of the property of the Trade Union transferred to the trade union organization for operational management, including in cash, and also determines the procedure for using buildings, premises, cultural and social facilities and funds provided by the employer (his representatives);
6.5.24. makes a decision to switch to maintenance services accounting and reporting to the centralized accounting department at the higher body of the Trade Union (or the body providing trade union services), maintaining financial independence, responsibility for financial and economic activities, property under the operational management of the trade union committee;
Makes a decision on the creation of a centralized accounting department for accounting and reporting in the primary, united primary trade union organizations included in its composition, on the basis of a resolution of the Presidium of the Central Committee of the Trade Union;
6.5.25. ensures timely fulfillment of financial obligations to the Trade Union in the established amounts;
6.5.26. organizes training for Trade Union members and activists;
6.5.27. approves staffing and official salaries the chairman and employees of the primary trade union organization (if it has the status of a legal entity), developed in accordance with the wage standards approved by the Central Committee of the Trade Union and agreed upon with the higher body of the Trade Union;
6.5.28. approves the estimate of income and expenses, the annual financial report of the primary trade union organization (numbering over 5 thousand members of the Trade Union, unless the Presidium of the Central Committee of the Trade Union establishes a different norm).
Organizes the execution of the trade union budget estimate within the funds remaining at the disposal of the primary trade union organization after contributions to the higher bodies of the Trade Union;
6.5.29. coordinates or expresses an opinion when the employer (his representatives) adopt local regulations containing labor law norms, as well as when terminating an employment contract at the initiative of the employer (his representatives) in cases provided for by the Labor Code of the Russian Federation, laws, collective agreements, agreements and others acts;
6.5.30. makes proposals to the relevant authorities on encouraging, rewarding members of the Trade Union with state, departmental, trade union and other awards;
6.5.31. takes part in organizing and summing up the results of competitions between teams and their employees;
6.5.32. monitors the progress of housing construction and facilities social sphere, taking into account workers in need of improved housing conditions, and providing housing obtained regardless of sources of financing;
6.5.33. promotes the development of collective gardening and horticulture;
6.5.34. provides assistance in organizing the work of the Veterans Council;
6.5.35. To implement the goals and objectives of the trade union organization, it uses other rights granted by law and acts in accordance with this Charter and the General Regulations on the primary trade union organization.
6.6. In primary trade union organizations total number over 500 members of the Trade Union, as well as those working in conditions of territorial disunity, a presidium can be elected.
to the Presidium as executive body During the period between meetings of the trade union committee, certain powers of the trade union committee may be delegated.
6.7. The trade union committee has the right to delegate certain powers to shop committees and trade union groups.
6.8. Shop committee, trade union group
Terms of office of the committee of the shop (faculty) trade union organization (shop committee), the chairman of the shop (faculty) trade union organization, uniting:
150 or more members of the Trade Union - five years;
Less than 150 members of the Trade Union - two and a half years.
The term of office of the trade union group is two and a half years.
Powers of the shop committee, trade union group:
6.8.1 organizes trade union work in a workshop, shift, service, department and other departments;
6.8.2. holds meetings (for the shop committee) at least once a month;
6.8.3. holds quarterly meetings (conferences), establishes a norm of representation (quota) for the conference.
Members of the Trade Union are notified of the convocation and agenda of the meeting (conference) no later than 10 days in advance;
6.8.4. reports on his activities at a meeting (conference) at least once a year;
6.8.5. ensures the implementation of decisions of meetings (conferences), as well as decisions of higher bodies of the Trade Union;
6.8.6. coordinates the work of trade union groups (for the shop committee);
6.8.7. exercises control over the implementation of collective agreements and agreements;
6.8.8. monitors compliance with labor conditions and safety;
6.8.9. participates in organizing and summing up the results of the competition;
6.8.10. implements measures to strengthen labor discipline;
6.8.11. organizes information support for members of the Trade Union;
6.8.12. carries out work to motivate trade union membership, carries out registration of members of the Trade Union;
6.8.13. exercises other powers delegated to him by the trade union committee.
6.9. Chairman of the primary trade union organization
The chairman of the primary trade union organization is the chairman of the trade union committee and presidium.
In a primary trade union organization, which is a legal entity, the position of its chairman is included in the staffing table of this organization, a fixed-term employment contract with him is concluded and terminated by an authorized member of the trade union committee of this organization.
In a primary trade union organization that is not a legal entity, the position of its chairman is included in the staffing table of the Trade Union, the higher organization of the Trade Union, which has the status of a legal entity, a fixed-term employment contract with him is concluded and terminated by the Chairman of the Trade Union (his deputy), the chairman of the higher organization of the Trade Union (his deputy ). Labor contracts with workers in such primary trade union organizations are concluded by higher-level organizations providing their trade union services, in a similar manner in accordance with labor legislation and on the basis of the Procedure for interaction and delimitation of functions between organizations of the Trade Union.
Labor contracts with employees of primary trade union organizations that are under trade union service are concluded by territorial organizations of the Trade Union in agreement with the Chairman of the Trade Union, the higher organization of the Trade Union, where the primary trade union organization is registered with the trade union.
The chairman (his deputy) does not have the right to combine his duties with part-time work, combining professions, positions, or entrepreneurial activity without the consent of the higher body of the Trade Union.
The term of office of the chairman terminates simultaneously with the expiration of the term of office of the trade union committee.
The decision on early termination of powers and an employment contract with the chairman of the primary trade union organization on the grounds provided for by law (except for the cases specified in clause 5.11 of the Charter) is made on extraordinary meeting(conference), which is convened by the trade union committee or at the request of at least one third of the members of the Trade Union or the higher body of the Trade Union.
Upon termination of the powers of the chairman of the primary trade union organization, the transfer of cases to them is carried out on the terms of a civil law contract within a period of no more than two weeks.
Powers of the chairman of the primary trade union organization:
6.9.1. organizes the implementation of decisions of the meeting (conference), trade union committee, presidium and higher bodies of the Trade Union, bears personal responsibility for their implementation in accordance with this Charter and the General Regulations on the primary trade union organization;
6.9.2. represents the interests of the primary trade union organization in government bodies, local government bodies, law enforcement agencies, before the employer (his representatives), in public associations, and other organizations;
6.9.3. exercises control over the procedure for paying trade union dues, as well as the timely and complete transfer of them by the employer (his representatives), is responsible for the fulfillment of financial obligations for the transfer of membership dues in the established amounts;
6.9.4. within the powers established by law and the relevant bodies of the Trade Union, disposes of property, including funds (based on the approved estimate) that are in the operational management of the primary trade union organization, bears personal responsibility for their rational use concludes contracts, issues powers of attorney, has the right to open current and other accounts in banks;
6.9.5. directs the work of the trade union committee, presidium, conducts their meetings, carries out general management of organizations registered with the trade union;
6.9.6. convenes meetings of the trade union committee, presidium, prepares and conducts meetings (conferences);
6.9.7. manages the work of the apparatus of the primary trade union organization, concludes and terminates employment contracts with employees in accordance with the law and this Charter;
6.9.8. organizes work on information support members of the Trade Union;
6.9.9. the list of issues on which the chairman can make a sole decision is determined by the trade union committee. In exceptional cases, he alone makes decisions that are binding in the primary trade union organization.
ABOUT decisions made the chairman informs the trade union committee;
6.9.10. signs protocols and resolutions;
6.9.11. organizes and is responsible for registering members of the Trade Union, availability of applications for withholding membership fees, storing registration cards of Trade Union members, annually reconciles members of the Trade Union;
6.9.12. exercises other powers in accordance with the Charter of the Trade Union.
6.10. By decision of the body of the higher organization of the Trade Union, the position of an authorized trade union representative may be introduced in the primary trade union organization, acting on the basis of the Regulations approved by the Central Committee of the Trade Union.
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 it is enshrined in legislation primary organization 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 industry associations labor activity, by territorial aspect or any other characteristic that has operational 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 features are divided into:
- 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.
- 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.
- Territorial trade union organizations uniting trade union members of one or more constituent entities of the Russian Federation, cities or other settlements. For example, the Arkhangelsk regional trade union aviation workers or Novosibirsk regional public organization 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 Council of Trade Unions is a territorial association regional organizations 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, the education workers' union, the trade union medical workers, trade 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.
Trade Union of Education Workers, Industrial Workers, Workers creative professions or a similar association of any other persons may be reorganized or liquidated. At the same time, its reorganization must be carried out in accordance with the approved charter, and liquidation - 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.” Last changes which were entered 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 norms of trade union movements in military industry, in internal affairs bodies, in judging and prosecutors, bodies federal service security, in customs authorities, drug control authorities, as well as in the area of 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 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 government 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 management state funds, which are formed from membership fees;
- creating our 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 date of foundation of the first professional associations It is generally accepted 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 Western analogues, the structure of the organizations was such that all ordinary workers and managers 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 he was very high level 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.
IN 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 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, internal organization modern professional associations are 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.
There is another significant disadvantage in traditional organizations: people join them automatically when they are hired. As a result, enterprise employees are completely uninterested in anything, do not know and do not defend their own rights and interests. Trade unions themselves do not solve the problems that arise, but exist only formally. In such organizations, their leaders and the chairman of the trade union are, as a rule, chosen by management, which interferes with the objectivity of the former.
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.
Many people come across this term in their lives, but few understand what a trade union is and why it is needed. Let's try to understand this issue and understand how a trade union can help in the lives of workers.
What is a trade union and why is it needed?
A trade union is an association of workers who are bound by their professional interests in their line of work. This is a public organization that is created with the aim of protecting the rights (social, economic and labor) of all members who are members of this organization. There are trade unions of workers in education, medicine, culture, etc.
And now in more detail. As soon as a person gets a job at an enterprise, he is in fact hired by an employer to perform a specific job. Taking into account the specifics of the labor relationship between the employee and the employer, the employee is subordinate and undertakes to fulfill the employer’s requirements. But even if he is faced with illegal or unfair actions towards himself, he cannot apply measures of influence on his leadership. But the manager has the following options: he can fine the employee, fire him, or at least reprimand him. In fact, subordinates individually represent useless “cogs” of the mechanism, and there is no one to protect them.
Of course, an employee has the opportunity and right to appeal to the court, the Rostrudinspectorate or the prosecutor's office with a statement, but for this it is necessary to know the procedural legislation, which will allow him to competently draw up a statement. But even if legality can be restored, the employer will definitely try to get rid of the obstinate employee, as a result of which the hired employee will still suffer.
The role of the trade union
And this is where the union, which consists of specific workers, comes into play. He partially removes legal responsibilities from each of them, shifting them onto himself. The trade union protects the rights of its members in case of their violation and supports the interests of workers. Membership is confirmed by a document - a union card.
If an employer can easily fire an ordinary employee, then he is unlikely to risk contacting his subordinate who is a member of a trade union. Workers unite in specialized organizations in order to seek justice for themselves and restoration of their rights. If an employee is not a member of a trade union, then he will have to independently run through all possible authorities, initiating resolution of controversial issues in his favor, and his chances of success in this matter are extremely small.
The chairman of the organization is engaged organizational issues and often acts as a parliamentarian in negotiations with the company's management.
Now you understand what a trade union is and why it is needed. However, there is an opinion among employers and even employees that they cannot expect help from the trade union, and that any fight against the employer will end in victory for the latter. But there are many examples where a well-organized union has achieved compliance. To give an analogy, this organization can be compared to an army: just as an army is ready to repel an enemy attack, a well-organized trade union is able to protect the interests of its members. Only such unions of workers are forced to be taken into account by employers. However, for a union to be truly strong and effective, every employee who joins the organization must take part in its life.
Trade union as a tool for protecting the rights of employees
If we think very roughly, then each enterprise consists of two entities: the employer and employees. The first one hires staff by assigning them a specific task. Its main goal is to achieve maximum profitability of the enterprise. And for this, the manager sometimes resorts to all sorts of ways to reduce the wages of his employees. Sometimes managers abuse their powers by imposing various penalties not provided for in the contract and cunning remuneration systems. Some employers even become impudent, forcing employees to go on weekends or do things that are not part of their duties.
In such cases, workers can achieve a solution to their problems by turning to a trade union, in which, united by one interest, the participants help each other, and very effectively.
About the lack of benefits of trade unions
Despite this, many workers are trying to find out why they should join a union. To be fair, not all unions are created equal. Some do not provide real assistance to workers who join their community, and there is no benefit from them. Unfortunately, similar organizations today there are many. There are often trade unions of educators and students who do not provide practical or legal assistance. These organizations lack the resources and authority to conduct such activities. Many community members then have a completely reasonable question about what the chairman of a trade union of this kind does. However, sometimes they can offer trips to some sanatorium at a small discount or a gift for New Year. It should be noted that often the chairman of the organization can provide additional benefits and incentives to participants close to the leadership of the trade union organization. At the same time, everyone has to pay for a union card, which reduces the real benefits of such an organization to a minimum. In large communities of workers there are a huge number of workers, for each of them the organization receives deductions. Within one transaction this is very little money, but in total the payments amount to a rather impressive budget.
Trade unions for workers and managers
Many employers are not interested in paying union dues to join this organization. They believe that the community will only get in the way, although in fact it is primarily interested in the stable operation of the company. Essentially, this is a social partner who helps when production or social problems among people working at the enterprise.
Does an employee need a trade union?
By joining it, he receives the right:
- Receive free legal assistance on issues related to his work.
- Receive economic and social benefits and norms that are provided for in the collective agreement and official legislation.
- To professional protection in the event of unfair actions taken against him, including dismissal.
- On legal protection union in court.
- To the assistance of trade union specialists on issues of payment and timely payment of wages.
- To protect interests in improving working conditions in the workplace.
- For additional insurance against possible work-related injuries.
- Free use of sports and cultural equipment.
- For assistance in obtaining a vacation voucher at a discount.
Workers must remember that if they are not members of a trade union, they are depriving themselves of its assistance. Thus, they are left alone with their employer, and if he violates any clause of the contract, then they will have to seek justice on their own.
What does a union card give to an employer?
There are many advantages:
- Support of the competent authority in resolving personal and social issues of employees.
- The employer gets a partner to achieve better production results and instill work discipline among employees.
- Practical assistance when questions arise related to labor protection or compliance with labor discipline.
Any forward-thinking entrepreneur should be interested in the work of a trade union, which will assist in monitoring labor safety and ensuring safe working conditions.
Conclusion
Trade unions originated 100 years ago, and then the purpose of this organization was to solve the pressing problems of workers of that time:
- unfair wages;
- fines for various violations;
- social problems;
- low security at the enterprise.
Today, the role of this organization remains such only in theory. Unfortunately, many modern workers' unions do not provide much assistance, but still charge members dues. Thus, they do not answer the question of what a trade union is and why it is needed, leveling the very fact of its existence own organization. Discount trips and gifts for the New Year are not the goal for which you should join its ranks. But the old school unions are here to stay, and they actually care about the workers who join them.
