Social Partnership
A Form of Solidarity and a Basis for Alternative Labor Dispute Resolution
DOI:
https://doi.org/10.52028/rbadr.v7.i13.ART06.URAParole chiave:
Collective Labor Disputes, collective labor disputes alternative conflict resolution procedure, solidarity, social partnership, conciliation, strike, mediation, Solidarity., Social Partnership, arbitration and conciliation act, Strike, Certification of mediation agreement, MediationAbstract
The constitutions of numerous countries across the globe somehow express the principle of solidarity associated with the drive of the state, society, and each individual for the common good, though with the observance of human rights and freedoms, as well as the creation of conditions for their maximum enforcement. Social partnership acquired constitutional status due to the 2020 amendments. Due to this fact, the problem of implementing this principle and method of interaction in social and labor relations is highly relevant. Social partnership allows using an alternative, compared to the judicial, labor dispute resolution method based on a dialogue and cooperation. The aim of the article is to assess the potential of the implementation of norms on social partnership for the effective resolution of labor conflicts, to identify relevant legal and organizational problems, and to outline the ways of their solution. The study used general scientific methods – analysis and synthesis, deduction and dialectical method, and special legal methods – comparative jurisprudence and legal modeling. An analysis of Russian legislation, its application practice, and legal literature allows the conclusion that conciliation in resolving collective labor disputes in Russia is ineffective because of the imperfection of labor legislation and the refusal to use mediation, which causes a negative response among lawyers. Such a policy results in the inadequate use of social partnership capabilities, as well as the employees’ use of other, more stringent, often not formalized, methods to influence employers. The above facts require strengthening the state’s role in social partnership and promoting conciliation in collective labor dispute resolution. There is a need to simplify conciliation procedures legislatively. The changes could begin with the adoption of a law to establish the general principles of social partnership in Russia, the main areas, and the role of all the main actors therein – the state, public organizations, entrepreneurs, and employees.
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