Trade Union Committee what. The history of the creation and development of professional associations in Russia

Terms of office of the trade union committee of the primary trade union organization uniting:

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 his work to the members of the Trade Union at the meeting (conference) in the primary trade union organization, united by the 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, uniting:

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 taken 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 suggestion of the chairman of the primary trade union organization, the deputy (deputy) chairman, as a rule, from among the members of the trade union committee, distributes duties among the members of the trade union committee;

6.5.3. convenes a meeting (conference) within the time period specified 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 case of their replacement, if they are elected on the principle of direct delegation.

6.5.4. protects the rights and interests of members of the Trade Union in the field of organization, payment, conditions and labor protection;

6.5.5. decides on the announcement of collective actions with prior notification of the higher body of the Trade Union;

6.5.6. participates in the consideration of proposals for additional social and labor guarantees, compensations and benefits to employees in comparison with the legislation;

6.5.7. represents the primary trade union organization in the bodies state power, local self-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, additions to them, exercises control for their implementation;

6.5.8. prolongs the validity of collective agreements and agreements;

6.5.9. assists the management of the organization (structural unit) of the economic entity in resolving issues related to the creation of working conditions for employees, strengthening labor discipline, ensuring the safety of train traffic 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 shortcomings;

6.5.11. participates in the work of the commission (committee) on labor protection, organizes the election and work of authorized (trusted persons) for labor protection of the Trade Union, exercises trade union control over compliance with acts containing 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 employees, takes part in the investigation of accidents and occupational diseases at work, and, if necessary, independently investigates them;

6.5.12. in accordance with the law, performs protective functions for the observance by the employer (his representatives) of the regime of work and rest 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 (its representatives) of timely information on possible dismissals, compliance with the guarantees established by law in the event of a reduction in the staff or number of employees - members of the Trade Union, payment of compensation, benefits, protects against by the employer (his representatives) and in law enforcement agencies, the interests of employees - members of the Trade Union, dismissed at the initiative of the employer (his representatives);

6.5.15. approves and submits requirements to the employer (his representatives) to establish new or change existing working and living conditions for employees, to conclude and execute a collective agreement, organizes and conducts collective actions of employees in support of their requirements 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, exercises control over the use of social insurance funds;

6.5.18. carries out mass cultural, sports work, participates in the organization of children's recreation, tourism, health improvement of members of the Trade Union and their families.

Interacts with public authorities, local authorities, employers (their representatives) in resolving issues related to the development of sanatorium treatment, a network of cultural, recreational, tourism institutions, 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, keeps records of the members of the Trade Union, approves statistical and other reports of the primary trade union organization;

6.5.21. informs the 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, offers and requirements of the Trade Union;

6.5.22. organizes the implementation of decisions of the higher bodies of the Trade Union;

6.5.23. manages the property of the Trade Union transferred to the trade union organization for operational management, including funds, 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 on the transition to maintenance for maintenance accounting and reporting to the centralized accounting department under the higher body of the Trade Union (or the body providing trade union services), while maintaining financial independence, responsibility for financial and economic activities, which is in operational management trade union property;

Makes a decision on the creation of a centralized accounting department for accounting and reporting in the primary, united primary trade union organizations that are part of it, based on the decision 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 members of the Trade Union and activists;

6.5.27. claims staffing and official salaries chairman and employees of the primary trade union organization (if they have the status legal entity), developed in accordance with the standards for wages approved by the Central Committee of the Trade Union and agreed 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 (with more than 5 thousand members of the Trade Union, unless a different norm is established by the Presidium of the Central Committee of the Trade Union).

Organizes the execution of the estimate of the trade union budget within the limits of the funds remaining at the disposal of the primary trade union organization after deductions to the higher bodies of the Trade Union;

6.5.29. coordinates or expresses an opinion when the employer (his representatives) adopts local regulations containing labor law norms, as well as when terminating the 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 other acts;

6.5.30. makes proposals to the relevant bodies on encouraging, awarding 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 the competition of teams and their employees;

6.5.32. supervises the progress of housing construction and facilities social sphere, taking into account employees in need of better housing conditions and providing housing received regardless of funding sources;

6.5.33. promotes the development of collective gardening and horticulture;

6.5.34. assists in organizing the work of the Council of Veterans;

6.5.35. to implement the goals and objectives of the trade union organization, 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 with a total number of more than 500 members of the Trade Union, as well as those working in conditions of territorial disunity, a presidium may be elected.

Presidium as executive body in the period between meetings of the trade union committee, individual 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, 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 organizer is two and a half years.

Powers of the shop committee, trade union group:

6.8.1 organizes trade union work in the workshop, shift, service, department and other divisions;

6.8.2. holds meetings (for the shop committee) at least once a month;

6.8.3. holds quarterly meetings (conferences), sets the norm of representation (quota) for the conference.

Members of the Trade Union are notified about the convocation and agenda of the meeting (conference) no later than 10 days in advance;

6.8.4. reports on its 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 labor protection;

6.8.9. participates in the organization and debriefing of the competition;

6.8.10. takes measures to strengthen labor discipline;

6.8.11. organizes information support for members of the Trade Union;

6.8.12. carries out work on the motivation of trade union membership, keeps records of the members of the Trade Union;

6.8.13. exercise 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, presidium.

In a primary trade union organization that is a legal entity, the position of its chairman is included in the staff list of this organization, a fixed-term labor contract 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 staff list of the Trade Union, the higher organization of the Trade Union, which has the status of a legal entity, a fixed-term employment contract 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 ). Employment contracts with those working in such primary trade union organizations are concluded by higher 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.

Employment contracts with employees of primary trade union organizations that are in trade union service are concluded by the 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) is not entitled to combine his duties with part-time work, combining professions, positions, engage in entrepreneurial activity without the consent of the higher body of the Trade Union.

The term of office of the chairman ends simultaneously with the expiration of the term of office of the trade union committee.

The decision on the early termination of powers and the 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 taken at an extraordinary meeting (conference), which is convened by the trade union committee or at the request of at least one third members of the Trade Union or the higher body of the Trade Union.

At the end 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 not more than two weeks.

Powers of the chairman of the primary trade union organization:

6.9.1. organizes the implementation of the decisions of the meeting (conference), the trade union committee, the presidium and higher bodies of the Trade Union, is personally responsible 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 public authorities, local governments, law enforcement agencies, before the employer (his representatives), in public associations, other organizations;

6.9.3. exercises control over the procedure for paying trade union membership 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 the legislation 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, is personally responsible for their rational use, concludes contracts, issues powers of attorney, has the right to open settlement and other accounts in banks;

6.9.5. directs the work of the trade union committee, the 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. directs 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 single-handedly makes decisions that are binding on the primary trade union organization.

O decisions taken the chairman informs the trade union committee;

6.9.10. signs protocols and resolutions;

6.9.11. organizes and bears responsibility for the registration of the members of the Trade Union, the availability of applications for the withholding of membership fees, the storage of registration cards of the members of the Trade Union, annually reconciles the members of the Trade Union;

6.9.12. exercise 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 in the primary trade union organization, the position of an authorized trade union representative acting on the basis of the Regulation approved by the Central Committee of the Trade Union may be introduced.

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 the 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 by type of activity. This is a public organization that is created to protect the rights (social, economic and labor) of all members who are part 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, then in fact he is hired by an employer in order to fulfill certain work. Given the specifics labor relations between the employee and the employer, the employee is subordinate to and undertakes to comply with the requirements of the employer. But even in the event that he encounters illegal or unfair actions in relation to himself, he cannot apply measures to influence his leadership. But the manager has such opportunities: he can fine the employee, fire him, or at least issue a reprimand. In fact, subordinates one by one are useless "cogs" of the mechanism, and there is no one to protect them.

Of course, an employee has the opportunity and the right to apply to the court, the Federal Labor Inspectorate or the prosecutor's office with a statement, but for this you need to know the procedural law, which will allow you to competently draw up an application. But even in the event that the rule of law can be restored, the employer will definitely try to get rid of the obstinate employee, as a result of which the employee will still suffer.

The role of the union

And this is where the trade union, which consists of specific workers, comes into play. He partially removes legal obligations from each of them, shifting them to himself. The trade union protects the rights of its members in case of their violation, supports the interests of workers. Membership is confirmed by a document - a trade 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. Employees unite in specialized organizations in order to achieve justice in relation to themselves and the 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 instances, initiating solutions to controversial issues in his favor, and his chances of success in this matter are extremely small.

The chairman of the organization deals with 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 help from the trade union cannot be expected, and that any struggle against the employer will end in the victory of the latter. But there are many examples where a well-organized union has enforced demands. If we give analogies, then this organization can be compared with the army: just as the army is ready to repel the attack of the enemy, so a well-organized trade union is able to protect the interests of its members. It is only with such unions of workers that employers are forced to reckon. However, in order for a trade union to be truly strong and effective, every employee who joins the organization must take part in its life.

The trade union as a tool for protecting the rights of employees

Speaking very roughly, each enterprise consists of two entities: the employer and employees. The first hires staff, giving 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 setting various fines and cunning wage systems that are not provided for in the contract. Some employers even get bold, forcing employees to go out on weekends or do things that are not part of their duties.

Workers in such cases can achieve a solution to their problems by contacting 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 to join a union. In fairness, it should be noted that not all trade unions are equally good. Some do not give real help to the workers who have joined their community, and there is no benefit from them. Unfortunately, there are many such organizations today. Often there are trade unions of educators and students who do not provide practical and legal assistance. These organizations lack the resources and authority to carry out such activities. Many members of the community then have a quite reasonable question about what the chairman of a trade union of this kind does. However, sometimes they can offer vouchers to some sanatorium at a small discount or a gift for New Year. It should be noted that the chairman of the organization can often 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 trade union ticket, which reduces the real benefit 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 a single transaction, this is very little money, but in total, payments make up a rather impressive budget.

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, when in fact it is primarily interested in stable work companies. In fact, it is a social partner that helps in the event of production or social problems the people who work at the enterprise.

Does an employee need a union?

By joining it, he gets the right:

1. Free to receive legal assistance on matters related to his work.
2. Receive economic and social benefits and norms that are provided for in the collective agreement and official legislation.
3. To professional defense in the event of unfair treatment being applied to him, including dismissal.
4. On the legal protection union in court.
5. For the help of trade union specialists on issues of payment and timely payment of salaries.
6. To protect the interests of improving working conditions in the workplace.
7. For additional insurance against possible industrial injuries.
8. For free use of sports and cultural equipment.
9. Assistance in obtaining a voucher for a vacation on benefits.

Workers must remember that if they are not members of a trade union, they are depriving themselves of its help. 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:

1. Support competent authority when solving personal and social issues of employees.
2. The employer gets a partner to achieve the best production results and educate employees in labor discipline.
3. Practical assistance in case of issues related to labor protection or compliance with labor discipline.

Any far-sighted entrepreneur should be interested in the work of the trade union, which will assist in the control of labor protection and ensuring safe conditions work.

Conclusion

Trade unions were born 100 years ago, and then the purpose of this organization was to solve the pressing problems of the workers of that time:

• unfair pay;
• fines for various violations;
• social problems;
• low security in the enterprise.

Today, the role of this organization has remained such only in theory. Unfortunately, many modern workers' unions do not provide serious assistance, collecting dues from the participants nonetheless. Thus, they do not give an answer to the question of what a trade union is and why it is needed, leveling the very fact of the existence of own organization. Discount vouchers and gifts for the New Year - this is not the goal for which you should join its ranks. But the old school unions are there and they really care about the workers who join them.

Photo from chelprof.ru

If you look from the point of view of the harsh language of jurisprudence, a trade union (trade union) is an association of workers on a voluntary basis, connected with each other by professional interests. ultimate goal The trade union, as an organization, is to protect the rights and interests of its members, both at the labor and at the socio-economic level. 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.

What is a trade union for?

When hiring, a person understands that he will be given certain tasks that he will have to perform. Based on the specifics of 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 worker becomes dependent on his boss. Unfortunately, not all leaders are equally pleasant, both at work and personally. Among them there are those who are happy to load their subordinates additional responsibilities, pay less, unfairly apply some kind of disciplinary sanction, and in other respects do not honor the labor code. What happens if a conflict situation arises between the manager and the employee?

Having met an unfair and even illegal attitude towards himself, the employee is often unable to resist the authorities and cannot find adequate and correct countermeasures. The head, if necessary, has the right to deprive the employee of the position, putting forward the question of his dismissal or to apply other disciplinary measures, for which the boss's imagination and conscience are enough. At the same time, one should not forget that behind the leadership 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 disenfranchised part of a large mechanism, and there is no guarantee that his legal labor rights will be observed.

The situation changes if the trade union is involved in the labor conflict proceedings. The trade union, which consists of many employees, creates a single community, ready to resist any arbitrariness of the employer. The trade union will protect the rights of each member, that is, all the power of the boss's "fire" will fall on the organization, and not on a particular employee. It has been observed that enterprises do not run the risk of starting litigation with trade unions. As well as with their members. The main role here is played by the very cohesion - it is impossible to reprimand the trade union or, for example, dismiss it in connection with a change in the staffing table.

Workers organize and join trade unions to seek solutions to emerging issues together, and not waste time searching for the truth one by one.

How can a union help an employee? After joining such an organization, the worker has the right to:

For socio-economic benefits and all those norms that are spelled out in his employment contract

To receive a free legal consultation when applying with questions about hiring, transferring to another position, dismissal from the enterprise, about the mode of work and rest, about the problem of labor protection, receiving compensation, guarantees. If necessary, the trade union, at the request or instruction of a member of this organization, can even help him to resolve disputes in relations with the owner of the enterprise even without the participation of the employee;

To support the trade union and specialists of this organization in clarifying the features of remuneration, setting the amount of wages, the schedule for its payment;

To help the trade union, if the employee wishes to improve their own qualifications and increase wages upon completion of additional training;

To 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 procedures;

For free legal assistance to employees to resolve court issues;

To competent and timely protection of the interests of the worker related to the improvement of his working conditions at a particular enterprise;

To clarify the rights of the employee and his protection in the investigation of accidents due to the type of service, occupational diseases, defending the interests of the employee by the trade union when compensating for damage received at work;

For financial support of employees in difficult life situations;

To provide additional insurance for yourself and family members in the event of accidents;

To support the employee, if necessary, improve the living conditions of the worker and his family, the provision of interest-free loans;

To help the trade union in allocating vouchers for preferential treatment at resorts and sanatoriums, for rest for family members and their improvement;

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 the payment of wages, compensation for harm to health in case of any injuries at work, and dismissal from service.

In cooperation with the trade union, the employer receives the following benefits:

He has a non-commercial partner, whose role is fixed and justified under the current legislation. Such an assistant also assumes the responsibility stipulated by the norms;

The trade union controls the observance of the interests of workers, which means that it fulfills part of the social obligations of the owner of the enterprise;

The partner is aimed at improving production results, strengthening the “fighting spirit” of employees, maintaining proper labor discipline;

The trade union can help in resolving emerging labor disputes in a pre-trial order (naturally, if both parties wish), it is easier to deal with any disagreements with a competent organization, and not with a spontaneously formed group of workers;

The trade union helps in ensuring the practical norms of labor protection, compliance with Russian labor legislation.

Based on this, any owner working for the future feels the need for well-coordinated work with the trade union. The organization serves to ensure control over the proper implementation of labor protection agreements. The trade union is also interested in reducing injuries and deaths of workers at work. This means reducing material losses during the elimination of post-accident situations.

Trade unions - how are they created?

The first stage will be the creation of a primary trade union organization, simplified synonyms for this term are simply “primary” or abbreviation PPO. In accordance with Russian legislation, a primary organization, can be established by three people, each over the age of 14, who wish to become members of the formed trade union. The primary trade union organization is created during the first meeting of the founders. But in addition to actually making a decision on the creation, the purpose of such a convocation will be to discuss the candidacy of the chairman of the trade union organization, the election of the trade union committee and the adoption of the provision on the “primary organization”.

The decision to organize a PPO is transferred to a higher rank trade union body, then comes the confirmation this decision for a specific enterprise, transferring it to the service of a trade union. Thus, each "primary organization" receives two main documents - this is the decision of the founders on the creation of the PPO, plus the decision taken by the supreme body of the trade union.

As soon as the agreed decision has been made, this "primary organization" is automatically considered formed. It can already carry out its activities stipulated by the Charter, and also receives all the rights provided. The PPO also accepts obligations determined in accordance with the legislation, the documentation of the trade union.

Step-by-step creation of a primary trade union organization:

Step 1: find supporters

If your goal is to form a primary trade union organization at the enterprise, first of all, you need to find supporters of creating a “primary organization” among colleagues and together outline methods of interaction with the employer, depending on the situation.

2nd step: connection with a large trade union association

An initiative group of like-minded people should start negotiating with representatives of an all-Russian trade union or an 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, polyclinic workers should contact the Healthcare trade union, and metallurgists should contact the Mining and Metallurgical Trade Union of Russia. In the course of these negotiations, the issue of the possibility of organizing a “primary organization” at the enterprise is considered, and the preparation of primary documents for the formation of PPO begins.

Step 3: campaigning at the enterprise

In order to fulfill the tasks set (creation and development of the primary organization, negotiating with the administration, and so on), the initiative group must conduct a series of campaign events. De facto, this means that employees this enterprise it is necessary 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 pay increases, better working conditions, providing each employee with social guarantees, etc. The essence of agitation, of course, may vary depending on the current situation at the enterprise and the most problematic moments of work on it. In fact, 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 meeting of the "primary"

It is necessary to find out the position of the employer regarding the idea of ​​forming a trade union. Provided that the authorities are clearly opposed to the union of workers, it is better to prepare the meeting of the “primary organization” without much publicity. It should be noted that the employer does not need to know the time and date for which this meeting is scheduled. Remember: the meeting can be held both on the territory of the enterprise and outside it.

If the owner of the enterprise is loyal to the formation of the PPO 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 for the initiative group is greatly simplified.

After clarifying the details on 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 develop an agenda for the future meeting, you can notify all workers who spoke in favor of joining the ranks of the trade union about the date and time of its holding. At the meeting itself, the decision specified above is made, the organization's committee, audit bodies, etc. are formed.

What mistakes should be taken into account at this step:

Most of those who came to the meeting for the first time will receive the documents collected by the founders. The same applies to candidates nominated for the positions of chair and other leaders of the PES. It should be borne in mind that the participants can draw hasty conclusions and transfer the entire burden of finalizing the papers to the founders. To exclude such a moment (and this is necessary, because the organization will not be formed without the relevant documents), it is worth distributing draft documents before the meeting. And already at the meeting, jointly, by voting, adopt them in the form in which they are, or make the necessary changes 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 a demand from the employer to ban the meeting, or disciplinary actions to employees of the enterprise participating in the meeting. However, if the employer was notified of the event in advance and expressed his consent, or the event will take place after hours and not on the territory of the enterprise, there should be no obstacles. Once again, we recall that the meeting of participants to create a primary trade union organization does not have to be held on the territory of a particular enterprise.

The desire of the founders to attract as many participants as possible to the meeting can delay the start of the event. In addition, the accumulation 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 to justify their position against the organization of PPO:

The trade union organization does not have a higher governing body, which means that the legitimacy of the “primary organization” is in doubt.

To put forward a counterargument, it is enough to involve in the meeting members of the trade unions located on your territory, those organizations that you intend to join. And then at the founding meeting there will already 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!

This can be answered that, under existing legislation, the activities of trade unions cannot be regulated by the form of ownership of an 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 whether it is necessary to form a legal entity. Or about the possibility of action without this procedure. If the meeting participants voted for obtaining the rights of a legal entity, the meeting must appoint a person responsible for the registration. Traditionally, these duties are entrusted to the chairman of the formed primary organization.

It is worth knowing that the primary trade union organization does not need a mandatory state registration. This suggests that registration is just a right, not a necessity. In addition, registration takes place in a notification manner. If desired, you can refuse to register as a legal entity. At the same time, there will be no barriers to functioning as a public organization.

What are the advantages of registering a "primary" company as a legal entity? The PPO will be able to formally enter into agreements, maintain its own bank account, own and dispose of its own property on the balance sheet of the organization. Such privileges make the status of a legal entity attractive to the primary trade union organization. That is, the PPO will be able to easily solve their economic affairs. And the status is needed more for this than to protect the rights of workers and representation in court.

Each participant of the PPO meeting must draw up and submit an application for joining a 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 member of the trade union (for Russian trade unions, the most practiced contribution is 1% of wages). The admission of members to the trade union is entrusted to the "primary organization", this is stipulated in the charter of each branch trade union. Membership fees will be charged in accordance with the charter of a trade union. In accordance with the Law on Trade Unions, the employer is obliged to transfer trade union dues to the primary trade union organization free of charge.

If you still find it difficult to form a trade union organization, 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 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 branch trade union your company is most suitable for, go to the website of this organization and find contact information there. You can also visit the regional trade union association and find out everything you need to know about the creation of a primary organization.

In addition, you can always contact the Central Trade Union Newspaper "Solidarity", where you will be prompted for any necessary information and give you all the necessary contacts.

Legislative basis for the work of trade unions in the Russian Federation

The activity of trade unions, like any other public organization, is subject to certain laws. We present you the documents regulating the activities of trade unions in the territory of the Russian Federation.

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

The concept of trade unions

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

Each 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 the voluntary association of all its members who work in one enterprise. In its structure, trade union groups or separate groups for shops or departments can be formed.

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

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

Types and examples

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

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

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

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

Depending on the professional sphere, trade union organizations can be distinguished different specialties and activities of workers. For example, the trade union of education workers, the trade union medical workers, 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 organize 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 organizations. For example, the regional committee of trade unions of any region should not approve the charter, which contains provisions that are contrary to the provisions of the interregional trade union, in whose structure the first mentioned organization is located.

The statute must include:

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

Registration of a trade union as a legal entity

A trade union of workers or their associations, in accordance with the legislation of the Russian Federation, may be state-registered as a legal entity. However, this is not a prerequisite.

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

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 - with federal law.

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

Legal regulation of trade unions

The activities of trade unions today are regulated by the legislation of the Federal Law 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 draft law enshrined the concept of a trade union and the basic terms associated with it. It also defines the rights and guarantees of the association and its members.

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

For the legislative regulation of the norms of trade union movements in the military industry, in the internal affairs bodies, in the judiciary and the prosecutor's office, in the bodies federal service security, in customs authorities, drug control authorities, as well as in the field of work of the Ministries of Fire Service, Emergency Situations, there are separate relevant Federal laws.

Functions

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

A trade union is an organization designed to defend the interests and rights of employees at 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 be decisions on labor protection, wages, dismissals, non-compliance labor code RF and individual labor laws.

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

This function is not protection at the enterprise level, but across the country. Thus, trade unions have the right to participate in the elections of local self-government bodies on behalf of the workers. They can take part in the development 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 that are independent of the executive power and local self-government bodies and the management of the enterprise. Along with this, all such associations without exception have equal rights.

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

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

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

Trade union organizations have the right to own such property as land plots, structures, buildings, sanatorium-resort or sports complexes, printing houses. They may also be owners. valuable papers, has the right to create and dispose of monetary funds.

In the event that a danger to the health or life of workers has arisen at work, the chairman of the trade union has the right to demand that the employer eliminate the malfunctions. And if this is not possible, then the termination of the work of employees until the violations are eliminated.

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

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

Rights of workers joining a trade union

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

• for all benefits provided for by the collective agreement;
• for the assistance of the trade union in resolving contentious issues on wages, holidays, advanced training;
• to receive free legal assistance, if needed in court;
• to assist the trade union organization on the issues of advanced training;
• for protection in case of unfair dismissal, non-payment during reduction, compensation for harm caused at work;
• for assistance in obtaining vouchers to boarding houses and sanatoriums for themselves and their 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 dismiss him because of not joining a trade union or to hire him with the condition of his obligatory membership.

The history of the creation and development of professional associations in Russia

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

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

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

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

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

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

In 1918-1918, the first and second All-Russian congresses of trade unions were held, at which the course of the development of the organization was changed by the Bolsheviks towards statehood. From that time, until the 1950s and 1970s, the trade unions in Russia differed sharply from those that existed in the West. Now they did not protect the rights and interests of workers. Even entry into the data public organizations ceased to be voluntary (were compulsory).

Unlike Western counterparts, the structure of organizations was such that all ordinary workers and managers were united. This led to the complete absence of the struggle of the first with the second.

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

In the Soviet years, professional associations were engaged in subbotniks, demonstrations, competitions and circle work. They distributed vouchers, apartments and other wealth given by the state, between employees. A kind of social and household departments of enterprises.

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

Trade unions in modern Russia

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

But by the end of the 1990s, trade unions began to form again. Already on a new type. The trade unions of Russia today are organizations independent of the state. And trying to perform classical functions close to Western counterparts.

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

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

• strong politicization;
• hostility and confrontation;
• amorphous in its organization.

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

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

Conclusion

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

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