Trade Union Committee. What is a trade union and why is it needed? Union card

At enterprises and organizations the question is often asked: “Why do we need a trade union and what does it give?” These questions are asked because people lack reliable information about the activities of the trade union and its tasks at the present stage. It would be correct to ask three questions at once:

• “Why do we need a trade union?”
• “What is a trade union for?”
• “Who needs a trade union for?”

Before we start answering all these questions, let’s answer one more small question: “What is a trade union?”

Definition: What is a trade union?

A trade union (trade union) is a public organization that unites workers to solve pressing and important problems, but not only in one particular enterprise. This is an organization that brings together workers from all enterprises and industries to solve issues common to all.

“Why do we need a trade union?”

It's no secret that many political parties and deputies remember their “electorate” only on the eve of elections, after which they conveniently forget about all their promises and promises. That is why questions such as:

• the adoption of a Labor Code in which the employee would remain powerless before the employer;
• increasing the retirement age of the working population:
• changing the wage system in such a way as to remove state guarantees of the minimum wage.

But how long was it postponed and with what reluctance was the issue of promotion considered? minimum size wages. And the first to defend the interests of ordinary citizens was the trade union, although the media do not particularly advertise this fact and hardly talk about the activities of trade union organizations. That's why we need a trade union. And it is needed as a strong public organization, uniting as many as possible large quantity of people.

The trade union today is the only public organization that has the right by law and is capable of actually representing the interests and protecting the rights of workers.

“What is a trade union for?”

To answer the question “Is a trade union needed and why?” Let's go back a little, to our historical past, when 100 years ago the trade union movement arose and began.

The purpose of creating trade unions was not to obtain material benefits and vouchers to sanatoriums, but to solve pressing issues and problems:

• low wages of the working population;
• working hours and rest hours;
• solving social issues;
• fines on workers imposed by enterprise administrations for various violations;
• pension provision;
• safe organization production process and works.

Now let’s look at whether the list of issues and problems has changed much after a hundred years.

Just like a hundred years ago, it is necessary to resolve the following issues:

- low wages;
It is no secret that the wages of many workers are at or slightly above the subsistence level. The working population does not live a full life, but survives

— working hours and rest hours;
In many modern organizations a work regime has been established where employees are forced to work 10 or even 12 hours without having any days off or vacations. And businessmen-entrepreneurs simply use people and after one or two years they fire them from the organization with poor health and no means of livelihood, since in many organizations there is still a system of remuneration in envelopes (“black” wages). All this is done with the aim of keeping workers in constant tension, promising high salaries, at the same time, reducing their size with various fines for any even minor violations.

— pension provision;
Upon retirement, any worker is automatically thrown beyond the so-called poverty line and is forced to go back to work in order to live more or less with dignity and help their children and grandchildren. Because we can only live on our pensions, not to mention going somewhere to relax. Yes, the government periodically increases pensions, but prices for food go up even faster. various goods and utility bills.

- occupational Safety and Health.
Many employers, in order to obtain greater profits, finance labor safety issues on a residual basis - there is money left, which means there is little funding, if not, then there is no trial. Therefore, almost every year throughout the country thousands of workers die and become disabled.

As you can see, the list of problems modern society has not changed much in a hundred years, and who, if not the employee of the enterprise, knows about all the pressing problems that he constantly faces.

But “one man is no warrior” and in order to defend their interests, workers must unite and rally.

This follows and from the definition - a trade union is an association of workers in order to resolve any production or social issues. Workers who have not expressed a desire to join forces are not members of the trade union.

“Who needs a trade union for?”

First of all, naturally, the employee needs a trade union, but no matter how strange it may sound, the employer also needs it.

Why does an employee need a trade union? What does the union give? , the employee receives the right:
- for all socio-economic norms and benefits provided for in the collective agreement;
— the trade union gives free legal assistance on issues of hiring, transfers for work and dismissal, working hours and rest, labor protection, guarantees and compensation. Trade unions, on behalf of a trade union member as his representative, can, without the personal participation of an employee, upon his instructions or request, represent his interests in resolving disagreements with the employer;
— in the consideration of an individual labor dispute between an employee - a member of a trade union and the employer or his representatives;
- for the assistance of the trade union and its specialists on issues of remuneration, wages and timely payment;
— assistance in improving the employee’s qualifications and obtaining an appropriate job with higher wages;
- protection by the trade union in case of dismissal from work or other unfair actions:
— the trade union provides free legal assistance in considering its issues in court:
— for prompt protection of interests on other issues, incl. to improve working conditions at a specific workplace;
- to protect a trade union member during the investigation of industrial accidents and occupational diseases, on issues of compensation for harm caused to health at work;
— for financial assistance in cases of difficult life circumstances;
— the union provides the opportunity for additional insurance from accidents to yourself and your family members;
— for assistance in considering, together with the employer, and resolving issues of improving the employee’s living conditions, issuing interest-free loans;

What else does a trade union give to an employee?

• assistance in obtaining discounted vouchers for sanatorium treatment, health improvement and recreation for yourself and family members;
• free or discounted use of cultural and sports facilities, cultural and sports equipment.

It happens that a trade union member believes that he no longer needs the union and then he has the right to voluntarily leave the union.

Workers who are not members of the trade union are deprived of the help of the trade union and are doomed to always remain alone with the employer.

He may be haunted by the anxiety that he may be the first to be affected by many production troubles, that he may not receive his wages on time and no one will help him. The loss of his job would be solely his problem, as would any injury sustained, when it is necessary to seek compensation for harm and additional compensation.

Employer and trade union

Many employers may say: “Do I need a union? He will only get in the way." Only a not very far-sighted person can say this. Currently, at the government level, the phrase is heard: “Resolving issues budgetary sphere economy." This means that the real sector of the economy was left with its problems and all the “sores” alone.

It’s not for nothing that many employers create and unite in various unions and clubs. They do this with the goal of joint action to solve emerging problems.

The trade union is also such an organization, and it is interested in the stable operation of enterprises. The trade union and the employer are social partners who interact to solve emerging problems, both in the social and industrial spheres.

What does a trade union give to an employer?

By cooperating with the trade union, the employer receives:

• a social partner formed in accordance with the law and bearing full responsibility;
• assistant in solving social and personal issues of employees;
• a partner in achieving the best production results, in nurturing employee loyalty to the organization, ensuring labor and production discipline;
• resolution assistant labor disputes(resolving labor disputes not with a spontaneously formed group, but with a competent organization that really looks at the state of affairs);
• practical assistance in resolving issues of labor protection and compliance with labor laws;
• 20% discount on trips to trade union health resorts for trade union members and their families.

Visionary the employer is interested in the work of the trade union to control safe working conditions and labor protection at work, in reducing industrial injuries and, accordingly, in reducing the costs of eliminating the consequences of accidents.

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 labor relations between an employee and an 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 don't provide real help workers who have joined their community, and there is no benefit from them. Unfortunately, there are many such organizations today. 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:

1. Receive free legal assistance on issues 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 protection in the event of unfair actions taken against him, including dismissal.
4. For legal protection by the trade union in court.
5. To the assistance of trade union specialists on issues of payment and timely payment of wages.
6. To protect interests in improving working conditions in the workplace.
7. For additional insurance against possible work-related injuries.
8. Free use of sports and cultural equipment.
9. 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:

1. Support of the competent authority in resolving personal and social issues of employees.
2. The employer gets a partner to achieve better production results and employee education labor discipline.
3. 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.

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 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 government bodies, bodies local government, 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, when exercising the right of workers 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 monitors 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 layoffs, compliance established by law guarantees 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 in 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 mass 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 its work, the activities of higher bodies of the Trade Union, the socio-economic situation in the organization ( structural unit), in the industry, region, country, proposals and requirements 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. asserts staffing table And official salaries chairman and employees of the primary trade union organization (if there is status 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 Russian Federation, laws, collective agreements, agreements and other 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 progress housing construction and objects social sphere, taking into account employees who need improvement living conditions, and the provision of 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 with a total number of over 500 members of the Trade Union, as well as those working in conditions of territorial disunity, a presidium may 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 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), 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 those working 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 under trade union service are concluded territorial organizations 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 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 a 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 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 providing information to members of the Trade Union;

6.9.9. list of issues on which the chairman can take sole decision, determined by the trade union committee. In exceptional cases, he alone makes decisions that are binding in the primary trade union organization.

ABOUT decisions taken 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 characteristics, are divided into:

1. An all-Russian trade union organization that unites more than half of the employees of one or more professional industries, or operates on the territory of more than half of the constituent entities of the Russian Federation.
2. Interregional trade union organizations connecting members of trade unions of one or several industries on the territory of several constituent entities of the Russian Federation, but less than half of their total number.
3. Territorial trade union organizations 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 of Aviation Workers or the Novosibirsk Regional Public Organization of the Trade Union of Workers in the Field of Public Education and Science.

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

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

Depending on the professional sphere, trade union organizations of different specialties and types of activities of workers can be distinguished. For example, 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 organize their own 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.” The last changes were made on December 22, 2014.

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

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

For legislative regulation of the norms of trade union movements in the military industry, in 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 the management of state funds, which are formed through 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 such property as land, structures, buildings, sanatorium-resort or sport complexes, printing house. 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 provided collective agreement privileges;
• for the assistance of the trade union in resolving controversial issues regarding wages, vacations, advanced training;
• to receive free legal assistance, if necessary in court;
• to assist the trade union organization on issues of advanced training;
• for protection in case of unfair dismissal, non-payment during layoffs, compensation for harm caused at work;
• for assistance in obtaining vouchers to boarding houses and sanatoriums for yourself and your family members.

Russian law prohibits discrimination based on trade union membership. That is, it does not matter whether an employee of an enterprise is a member of a trade union or not, his rights and freedoms guaranteed by the Constitution should not be limited. The employer does not have the right to fire him for failure to join a trade union or hire him under the condition of mandatory membership.

History of the creation and development of professional associations in Russia

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

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

The founding date of the first professional associations is considered to be 04/30/1906. On this day, the first meeting of Moscow workers (metallists and electricians) took place. Although already before this date (October 6, 1905), at the first All-Russian Conference of Trade Unions, the Moscow Bureau of Commissioners (Central Bureau of Trade Unions) was formed.

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

The Third All-Russian Conference of Trade Unions took place in June 1917. The All-Russian Central Council of Trade Unions was elected there. This day began the flourishing of the associations in question.

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

In 1918-1918, the first and second All-Russian Congresses of Trade Unions were held, at which the course of development of the organization was changed by the Bolsheviks towards nationalization. From then on, right up to the 50-70s, Russian trade unions differed sharply from those that existed in the West. Now they did not protect the rights and interests of workers. Even joining these public organizations was no longer voluntary (they were forced).

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

In 1950-1970, several legal acts were adopted that gave trade unions new rights and functions and gave them greater freedom. And by the mid-80s, the organization had a stable, branched structure that was organically integrated into the country’s political system. But at the same time 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.

During the Soviet years, professional associations were involved in organizing cleanup days, demonstrations, competitions and circle work. They distributed vouchers, apartments and other material goods, given by the state, between employees. 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.