Regional Union "Ivanovo Regional Association of Trade Union Organizations"

Hired employees, as a less protected side of labor relations compared to employers, have the right enshrined in the Constitution of the Russian Federation to protect their interests with the help of professional associations. Any employee has the right to initiate the creation, join and be a member of a trade union organization.

We will briefly explain the importance of trade unions and their role in the organization, and also tell you how to act if there is no trade union at the enterprise yet. For those interested, a step-by-step algorithm for creating a trade union “from scratch” is provided.

What is now called a trade union?

People unite in alliances to jointly defend common interests. This also applies to trade unions - a voluntary consolidation of people working in one field (usually at one enterprise) to represent and protect labor rights and ensure the social needs of workers.

From the history of trade unions

Workers' associations began to emerge in opposition to exploitation. The very first such associations arose in England in the mid-18th century, and then became widespread throughout the world. They were called differently in certain regions, but had similar functions and powers:

• in England - “trade unions” (Trade-Unions);
• in the USA - the Knights of Labor, and then the American Federation of Labor;
• in Germany there are several types of workers' associations: Christian, social democratic, etc.;
• in France - syndicates;
• In Russia, starting from the 19th century, workers' partnerships and unions were created, which during the USSR united into the All-Union Central Council of Trade Unions, the successor of which in the Russian Federation was the FNPR and the Union of Independent Trade Unions.

Arguments for organization

Some cities have organized a system of partnerships in the social sphere. For example, in the capital there is a law in this area. The trade union is considered as one of the equal parties. When creating collective agreements, the union has equal rights in relation to the management of the enterprise.

The legislator says that unions, first of all, take part in social partnership. Organizations have an interest in the ongoing operation of the enterprise. The union regulates relations in the social and labor spheres.

What can a trade union do?

The role of trade unions has historically changed along with the development of market relations. Over the past few years, their broad powers have also changed somewhat: government control and the determining functions of the employer are gradually strengthening again.

Area of ​​responsibility of trade union organizations:

• working conditions of employees;
• control over the fair formation of the wage fund;
• ensuring the fulfillment of the labor rights of workers, including during labor disputes;
• participation in the development of regulations affecting the economic interests of workers;
• approval of certain layoffs;
• protection of workers from labor discrimination on any grounds;
• conclusion of collective agreements on personnel representation;
• participation in employee education;
• control over compliance with the terms of employment contracts.

IMPORTANT! The trade union operates on the basis of internal, not legal relations, that is, it is regulated not by legislative acts, but by the adopted Charter. An exception is made by professional associations of some government bodies, such as military personnel, internal affairs bodies, customs officers, etc.: their activities are controlled by federal legislation.

Definition

The association aims to protect the rights of the working class. Bodies are created in one company to protect the rights of employees. Trade union members represent the organization's staff in relations with management. Over time, the role of the organ changed. The adjustment process is influenced by the state of the economy. The powers assigned to trade unions have also changed.

Unions are responsible within the limits:

• the conditions in which people work;
• control functions over the fair organization of the fund from which payments are calculated;
• fulfillment of workers' rights;
• participate in the writing of local acts;
• give consent to terminate employment relationships with certain employees;
• protection of employee rights from discrimination.

Trade unions are entrusted with the function of drawing up a collective agreement at the enterprise. Members of the body participate in the educational process of employees and monitor the implementation of the terms of agreements. The activities of the trade union are based on the internal acts of the company. This indicates that it is regulated by the statutory documentation.

Creating a trade union from scratch

If there is a trade union organization at the enterprise, any employee can become a member. Belonging or not belonging to a trade union does not in any way limit any rights and freedoms of an employee that are guaranteed to him under the laws of the Russian Federation.

If such an organization does not exist at the enterprise, it can be created. This is permitted and regulated by the Law “On Trade Unions, Their Rights and Guarantees of Activities”.

To do this, it will be necessary to initiate the emergence of a primary trade union organization (“primary”, “PPS”) - a cell operating directly in a specific structural unit. When such a cell is created, its “authors” automatically become members of the newly created public organization.

Prerequisites for creating a trade union

What motivates workers to think about creating an association to protect their interests? Unfortunately, this is most often the current situation in which these rights are systematically violated. The will of the team is mainly necessary if there are conflicts and disputes with the employer. It is under such conditions that employees are most motivated to join a trade union.

Organizing an association is faster and easier if there is a leader and/or an active group, which will subsequently form an initiative core - the future founders of the trade union.

Creating a trade union step by step

The initiators of the creation of a trade union can be the workers themselves or the elected body of the city trade union organization. Depending on the initiative, the algorithm for creating a trade union will be slightly different.

Step-by-step algorithm for creating teaching staff at the initiative of staff:

1. Look for at least two like-minded people. The law allows the formation of a primary trade union organization at the request of three employees. Three or more people who decide to establish a primary trade union cell constitute an initiative group.
2. Establish contact with your industry union. A small cell must become part of a large and strong association. It is necessary to select a regional trade union for the relevant industry and negotiate with its leadership. A large organization will give the go-ahead and help the future cell with the formation of constituent documentation.
3. We advertise the future trade union. The majority of other employees of the organization should share the aspirations of the initiative group. This requires propaganda (advertising) work to inform about the future goals and objectives of the trade union, in order to encourage employees to join its ranks.
4. First meeting. It must be carried out regardless of the employer’s attitude towards the trade union being formed. If management is against it, it is not necessary to inform him about the time, place and agenda of the meeting (without the consent of management, it cannot be scheduled during working hours, otherwise there are no restrictions). With loyal leadership, this process becomes easier. At the meeting, it is necessary to form a trade union committee, control bodies, familiarize those interested with the program, and adopt the Charter. It is important to decide whether the founders will register the trade union as a legal entity (this is not mandatory, but such registration gives additional rights, for example, to their own bank account, property, etc.).
5. Let's join the organization. Those who came to the meeting and were convinced of the usefulness of the existence of the trade union are invited to join this association. Goodwill is confirmed by writing an application for membership. The text must necessarily mention that the applicant does not object to paying membership fees in accordance with the Charter (usually 1% of the salary).

NOTE! If workers do not feel confident in their ability to create a trade union cell, they can always seek advice and assistance from the local Federation of Trade Unions.

Creation of a primary trade union organization on the initiative of the city elected trade union body

The initiative can come not necessarily “from within” - from the organization’s employees, but also “from above” - from a larger industry trade union.

1. Does a company need a trade union? The situation at a specific enterprise is analyzed: it is necessary to clarify what the interests of the staff are, identify problem areas, and identify opportunities for cooperation with the employer.
2. Like-minded people at the enterprise. You can go two ways at once - look for common ground with the employer and “recruit” employees interested in creating a trade union.
3. Management of the formation of an initiative group. Regardless of who the original initiator is, the organization of a trade union cell is carried out by the good will of its direct members - the employees of the enterprise.
4. Ordinary constituent procedure. Further steps are similar to those that occur when organizing a trade union cell on the initiative of workers: agitation, meeting, writing statements.
5. Act of the presidium of the industry trade union. The creation of a new cell is confirmed by a corresponding decision of the presidium of the city trade union association.

The creation of a trade union body at an enterprise is a progressive step to protect the interests, rights and freedoms of employees.

Primary organization

Initially, it is necessary to explore the concept of such an organization. The law indicates that the formation is voluntary. Unites citizens working in one organization. The organization of a trade union is not affected by the established form of ownership or subordination. The law reflects that persons who took the initiative to create a union are automatically equated to its members. They have certain powers and obligations.

Formation can occur:

• in educational institutions;
• at enterprises and other organizations.

A minimum of three participants is required to operate. The decision is made by the company's employees and the regional trade union. You need to take into account the opinion of a body working in a certain area.

The role of trade unions in the labor market

In order to increase the labor remuneration of its members, a trade union can act in the labor market in two ways:

1. increase demand for labor;
2. limit the supply for it.

The first is achieved through the active use of marketing tools (in particular, advertising), as well as improving the quality and productivity of work.

The limitation of supply in the labor market is caused by a reduction in the length of the working week, the inclusion of a particular profession in the list of licensed ones, a ban on excess work or a reduction in its volume, a decrease in the retirement age, and controlling the immigration of non-resident workers.

In addition, an important activity of the trade union in the labor market is to promote the expansion of government rationing and labor regulation. It is achieved by setting the minimum wage above the equilibrium level. At the same time, average earnings increase, but the scale of hiring of workers decreases.

Thus, the trade union is a fairly important participant in the labor market.

How to register a trade union with the Ministry of Justice

If a decision has been made to create a legal entity, then you need to prepare documents for registering a trade union with the Ministry of Justice:

• application form in form P11001 in two copies. One of them must be certified by a notary;
• regulations on the primary organization, which addresses fundamental issues regarding the creation of a trade union;
• minutes of the meeting with the decision to register the organization;
• passport details of the founders, copies of passports;
• letter of guarantee confirming the legal address of the trade union. It is also certified by a notary.

Important: the decision to register a trade union must be made within a month from the date of its foundation. All documents must be submitted to the Ministry of Justice, which cannot fail to accept them. But if errors are made in the papers, then the trade union may be denied registration of a legal entity. As an organization it does not cease to exist.

Regulations on the primary organization of the trade union

This act is considered as the main one for the trade union. It is used to regulate the activities of unions. Statutory documentation can be developed. However, such action is necessary for situations where the organization has completed the registration process with the Ministry of Justice. The provision is required for the continuation of the activities of the created body.

Conducting a strike

A trade union may be formed for the purpose of carrying out a strike. A strike is an extreme measure of “negotiation” with the management of an organization if it ignores the demands or requests of workers. The process consists of the fact that company employees do not go to work until their demands are met, or until management negotiates.

We invite you to familiarize yourself with the Certificate from the place of work that you worked

The right to strike is regulated by the Labor Code. It can be performed if employee rights are violated:

• do not pay wages;
• they don’t allow you to go on vacation;
• extend the working day;
• for other reasons.

The procedure for creating a trade union to conduct a strike is no different from registering a regular union. It is much easier to organize a strike when there is a trade union than when there is none. The decision on it is made at the general meeting. The following conditions must be met:

• formulate written requirements;
• staff a conciliation commission that will conduct negotiations;
• record disagreements;
• notify the employer in writing. After receiving the notification, the employer is obliged to enter into negotiations; he has no right to refuse them.

To successfully carry out a strike, it is important to ensure compliance with legal subtleties. If the process can be considered illegal, then workers may have problems, and organizers may even be held liable.

It is important to remember that there are categories of workers who do not have the right to strike:

• military;
• emergency doctors;
• law enforcement officers and the FSB;
• representatives of other professions on which people’s safety depends.

How can you properly organize a trade union and conduct a strike without risks? To do this, you should take legal help. The cost of the issue will be less than the possible problems in the absence of legal advice. A legal basis means an effective strike.