Социальное партнёрство как институт обеспечения интересов российского государства в сфере занятости

Abstract

In the article, social partnership, aimed at harmonizing the relations of workers and employers in the sphere of labor, is considered from the point of view of ensuring the interests of the Russian state in employment relations. The regulatory and protective parts of the legal mechanism of social partnership are studied. Purpose. The author's goal is to identify elements of the Russian social partnership system aimed at protecting state interests in the field of employment by finding a compromise between employees and employers and delegating jurisdictional functions to parity social partnership bodies. Methodology. Methods of analysis, synthesis, formal-legal, comparative-historical and comparative-legal, method of interpretation of legal acts are used. Results. Based on a study of the regulatory framework and the works of lawyers, it was concluded that the essence of the Russian social partnership system is to ensure the protection of the interests of the state by coordinating the positions of the parties to labor relations. The state protects public interests at all levels of labor agreements, which must also be met by bilateral collective agreements. The difference between labor relations and all other blocks of social relations in Russia is that the state has created an additional mechanism - a system of social partnership in the sphere of labor, which allows the state to protect its interests in the field of labor and employment not only through the creation of legal norms, the issuance of regulatory instructions and activities jurisdictional government bodies, but also by finding a compromise on controversial issues with other stakeholders in the social and labor sphere. At the same time, the state went beyond the limited consultative participation of interested representatives of workers and employers in establishing rules of conduct, but delegated the very adoption of these rules to public structures in equal cooperation with the state. To the detriment of the competence of state jurisdictional bodies, the state vested the powers to resolve individual and collective labor disputes on social partnership bodies created on a parity basis by employees and employers.