Social partnership as the main direction of regulation of social and labor relations. Methods of regulation of social and labor relations

The system of social partnership was established only in the second half of the twentieth century in the developed capitalist countries. In Russia, social partnership has been discussed since the end of 1991. On November 15, 1991, No. 212, the President of the Russian Federation signed the Decree “On social partnership and resolution of labor disputes (conflicts)”. In accordance with the Law of the Russian Federation “On Collective Contracts and Agreements”, a vertical system of social partnership is being implemented in Russia, covering all levels of society and suggesting the possibility of concluding general, regional, sectoral (inter-sectoral), professional and territorial agreements, as well as collective agreements.

The most common definitions of the concept of "social partnership" are as follows:

• 1) social partnership is a system of relationships between employees and employers, which replaces the class struggle. According to such ideas, at present, in countries with a developed market economy, there is an opportunity to get away from class contradictions through negotiations and reaching a compromise. Social partnership in this case is one of the ways to harmonize the interests represented in society;
• 2) social partnership is a way of reconciling opposing interests, a method for solving socio-economic problems and regulating contradictions between the class of employees and the class of owners. Despite the changes that have taken place in the economic and social spheres of modern Western society, class differences and contradictions between the interests of employees and employers persist. In this case, social partnership is a way to mitigate class contradictions, a condition for political stability and social truce in society;
• 3) social partnership as a way of regulating social and labor relations does not exist, since there are no objective conditions for its existence. This is the point of view of either representatives of an extremely liberal trend, who argue that the market mechanism by itself, without the intervention of the state and any other subjects, is capable of regulating the entire force of relations, including social and labor relations, or theorists who preach totalitarianism, defending the idea of ​​moral -political and economic unity, common interests of the nation, realized through a strong state.

Social partnership allows you to restore a certain balance in relations between employees and the employer, which is constantly violated due to the fact that the employer, due to his position, initially dominates in these relations. Negotiations within the framework of social partnership contribute to establishing a correspondence between economic and social needs, and this is the main condition for determining reasonable wages, taking into account real opportunities.

Social partnership should be considered as a special type of social and labor relations, providing, on the basis of equal cooperation of employees, employers and the state, an optimal balance and implementation of their main interests.

The main principles of social partnership include:

• 1) the authority of representatives of all parties;
• 2) equality of the parties in the negotiations and in the conclusion of agreements;
• 3) obligatory fulfillment by the parties of the agreements reached;
• 4) priority of conciliatory methods and procedures in negotiations;
• 5) responsibility for accepted obligations.

An important role in the development of social partnership in Russia is played by the implementation of the principles laid down in the conventions and recommendations of the ILO.

Social and labor relations are an objectively existing interdependence and interaction of the subjects of these relations in the labor process, aimed at regulating the quality of working life. Social and labor relations characterize the economic, legal and psychological aspects of the relationships between people and their social groups in labor processes. Therefore, social and labor relations are always subjective, and reflect the degree of combination of interests of the subjects of these relations.

The system of social and labor relations has a complex structure, which in a market economy includes the following elements: subjects of social and labor relations, levels and objects of social and labor relations, principles and types of social and labor relations.

The subject of social and labor relations are various aspects of a person's working life: labor self-determination, professional orientation, hiring and firing, professional development, socio-psychological development, vocational training, etc. The subject of collective social and labor relations is personnel policy. All their diversity usually comes down to three groups of social and labor relations:

• 1) employment;
• 2) related to the organization and efficiency of labor;
• 3) arising in connection with remuneration for work.

The main principles of organization and regulation of social and labor relations are:

• 1) legislative provision of the rights of subjects;
• 2) the principle of solidarity;
• 3) the principle of partnership;
• 4) the principle of "domination-submission".

The following types of social and labor relations are distinguished, which characterize the socio-psychological, ethical and legal forms of the relationship of subjects in the process of labor activity.

• 1. Paternalism is characterized by strict regulation of the behavior of the subjects of social and labor relations, the conditions and procedure for their interaction on the part of the state or the leadership of the organization.
• 2. Social partnership is characterized by the protection of the interests of the subjects of social and labor relations and their self-realization in the policy of agreeing on mutual priorities on social and labor issues to ensure constructive interaction.
• 3. Competition is the rivalry of subjects of social and labor relations for the opportunity and better conditions for the realization of their own interests in the social and labor sphere (one of the forms of competition is competition).
• 4. Solidarity is determined by the mutual responsibility of people, based on unanimity and commonality of their interests, for changes in the system of social and labor relations and reaching agreement in making socially important decisions in the social and labor sphere.
• 5. Subsidiarity, expresses a person's desire for personal responsibility for achieving their conscious goals and their actions in solving social and labor problems.
• 6. Discrimination is an arbitrary, illegal, unjustified restriction of the rights of subjects of social and labor relations, as a result of which the principles of equality of opportunity in the labor markets are violated.
• 7. Conflict is an extreme degree of expression of contradictions of interests and goals of subjects in social and labor relations, manifested in the form of labor disputes, strikes.

The considered types of social and labor relations do not exist in their pure form, but act in the form of models that have a qualitative variety of types of social and labor relations. This is due to the influence of many factors: social policy in the state, the globalization of the economy, the development of social labor and production.

The main subjects of social and labor relations are:

1) an employee (a group of employees) is a citizen who has concluded an employment contract (contract) with an employer, the head of an enterprise and an individual. An employment contract can be written or oral, but in both cases it determines the social and labor relations between its participants. An important role for an employee is played by such qualities as: age, gender, state of health, education, skill level, work experience, professional and industry affiliation. In addition, the employee must be ready and able to participate in social and labor relations.

As an employee as a subject of social and labor relations, both an individual employee and groups of employees can act, differing in their position in the socio-professional structure, orientation of interests, labor motivation, etc.

Developed labor relations presuppose the existence of institutions acting on behalf of employees, representing and protecting their interests. These are trade unions. Trade unions are voluntary mass organizations that unite employees who are connected by a commonality of socio-economic interests. The Labor Code of the Russian Federation declares the principle of trade union pluralism, according to which the number of trade unions representing the interests of workers in an industry or enterprise is not limited. Other organizational forms of association of hired workers are also possible;

• 2) an employer, according to the international classification of employment status, is a person who works independently and constantly hires one or more employees to carry out the labor process. Usually in world practice he is called the owner of the means of production. But in the practice of Russian social and labor relations, the employer is also a leader in the public sector of the economy who hires employees under a contract (director of a state enterprise), although he himself is an employee and does not own the means of production;
• 3) the state, as a subject of social and labor relations, performs the functions of a legislator, defender of rights, employer, arbiter, etc. The degree of implementation of each of these functions is determined by the historical, political conditions of the development of the state.

There are three levels of social and labor relations:

• a) individual, when the employee and the employer interact in various combinations (bilateral social and labor relations);
• b) group, when associations of employees and associations of employers interact (tripartite social and labor relations);
• c) mixed, when employees and the state interact, as well as employers and the state (multilateral social and labor relations).

The relations of the subjects of social and labor relations are regulated by legislative and regulatory acts. The fundamental ones are: the Constitution of the Russian Federation, the Labor Code of the Russian Federation, the Law of the Russian Federation "On Employment of the Population", the Law of the Russian Federation "On Collective Contracts and Agreements", the Federal Law "On the Procedure for Resolving Collective Labor Disputes", the Federal Law "On the Basics of Labor Protection in the Russian Federation”, etc. In addition, legal acts issued by local governments, heads of enterprises and organizations are highlighted. Within the framework of the enterprise, local regulations governing social and labor relations are: a collective agreement, an employment agreement (contract), and other internal regulations.

1. Social and labor relations characterize the economic, psychological and legal aspects of the relationships between individuals and social groups that arise in the course of work.

The analysis of social and labor relations, as a rule, is carried out in three directions: subjects; subjects; types.

Subjects of social and labor relations are individuals or social groups. For the modern economy, the most important subjects of the relations under consideration are: the employee, the union of employees (trade union), the employer, the union of employers, the state.

hired worker - this is a person who has concluded an employment contract with a representative of an enterprise, public organization or state.

Employer - a person who hires one or more workers to do a job. The employer may be the owner of the means of production or his representative. In particular, the employer is the head of a state-owned enterprise, who, in turn, is an employee in relation to the state.

Trade union created to protect the economic interests of employees or freelancers in a particular field of activity. The most important areas of activity of trade unions are: ensuring employment, conditions and wages.

State as a subject of social and labor relations in a market economy, he acts as a legislator, defender of the rights of citizens and organizations, as an employer and mediator (arbitrator) in labor disputes.

Relationships between the subjects of social and labor relations arise on various levels : worker - worker; employee - employer; trade union - employer; the employer is the state; worker - the state, etc.

Subjects of social and labor relations determined by the goals that people strive to achieve at various stages of their activities.

It is customary to distinguish three main human life cycle stages:

From birth to graduation

period of work and / or family activity;

period after work.

At the first stage, social and labor relations are associated mainly with the problems of vocational training. At the second stage, the main ones are the relations of hiring and firing, conditions and remuneration. On the third - the central problem is the provision of pensions.

To the greatest extent, the subjects of social and labor relations are due to two blocks of problems: employment; organization and wages.

The first of these blocks determines the possibilities of providing people with the means of subsistence, as well as the realization of individual abilities. The second block is related to working conditions, the nature of relationships in production teams, reimbursement of labor costs, opportunities for human development in the process of labor activity.

Types of social and labor relations characterize the psychological, ethical and legal forms of relationships in the process of labor activity. By organizational form the following types of social and labor relations are distinguished: paternalism, partnership, competition, solidarity, subsidiarity, discrimination and conflict.

Paternalismas an organizational form is characterized by a significant degree of regulation of social and labor relations by the state or the management of the enterprise, and is carried out under the guise of "paternal care" of the state about the needs of the population or the administration of the enterprise about its employees. The former USSR can serve as an example of state paternalism. At the enterprise level, paternalism is characteristic of Japan and some other Asian countries.

partnership most characteristic of Germany, whose economy is based on a system of detailed legal documents, according to which employees, entrepreneurs and the state are considered as partners in solving economic and social problems. At the same time, trade unions act from the positions of not only protecting the interests of hired personnel, but also the efficiency of production at enterprises and the national economy as a whole.

Competition between people or teams can help achieve synergies. In particular, experience shows the effectiveness of rationally organized competition between design teams.

Solidarity implies a common responsibility and mutual assistance based on the common interests of a group of people. Most often they talk about the solidarity of trade union members in defending the interests of hired personnel. Solidarity is also shown by members of employers' unions, as well as members of other unions.

Subsidiarity means a person's desire for personal responsibility for achieving their goals, as well as their own actions in a situation of solving social and labor problems. Subsidiarity can be seen as the opposite of paternalism. If a person, in order to achieve his goals, enters into a professional or other union, then subsidiarity can be realized in the form of solidarity. At the same time, a person acts in solidarity with full consciousness of his goals and his personal responsibility, not succumbing to the influence of the crowd.

Discrimination - this is based on arbitrariness, illegal restriction of the rights of subjects of social and labor relations. Discrimination violates the principles of equality of opportunity in labor markets. Discrimination can be based on gender, age, race, nationality, religion and other grounds. Manifestations of discrimination are possible in the choice of a profession and admission to educational institutions, promotion, remuneration, provision of company services to employees, dismissal.

Equality of opportunity in social and labor relations is ensured, first of all, by the system of legislation. In Russia, these are the Constitution of the Russian Federation, the Labor Code of the Russian Federation and the Law on Employment of the Population of the Russian Federation. Russia has ratified the conventions of the International Labor Organization (ILO) on equality of opportunity in the sphere of labor and employment, but the current system of legislation really reflects equality of opportunity only in employment and remuneration.

Conflict is an extreme expression of contradictions in social and labor relations. The most obvious forms of labor conflicts are labor disputes, strikes, mass layoffs (lockouts).

2. Alienation - this is a form of attitude to work, characterized by moods of meaninglessness, helplessness, detachment. senselessness labor is felt by people who, performing some kind of production operation, part of the work, do not represent the purpose of the final product, the area of ​​\u200b\u200bits use, or believe that their activities do not benefit, and perhaps even harm society. The state of meaninglessness, aimlessness is possible in any kind of activity, but to a greater extent this state is characteristic of people in creative professions.

Helplessness can be felt by an employee of an enterprise who does not have protection against the arbitrariness of his manager or the owner of the enterprise, and also does not have the opportunity to influence the decisions made. The feeling of helplessness can also be felt by any person in front of the team, leader, government officials, the criminal world.

Detachment due to the difficulties of business and friendly contacts, lack of prospects for professional and administrative growth, rejection of the values ​​of the team, enterprise or society.

The problem of alienation was considered by many sociologists, economists, philosophers, psychologists and writers (K. Marx, N. Berdyaev, P. Sorokin, G. Marcuse, F. Kafka, A. Camus, J. Sartre and others).

In Russia, at all stages of its history, the problem of alienation was most clearly manifested in the mood of helplessness of the majority of the population before the authorities. The forms of arbitrariness (administrative, political and economic) changed, but alienation was always greater than in developed countries.

By the mid-90s of the twentieth century, alienation intensified due to the sharp and unjustified differentiation of incomes and quality of life among workers and the middle stratum of employees, on the one hand, and the top management of enterprises, on the other. The majority of the population has a negative attitude towards people who have become owners of large fortunes in one or two years.

Alienation has a number adverse effects in psychophysiological, economic and political aspects.

Psychophysiological Consequences of Alienation due to the influence of negative emotions on human health, which leads to disorders, the psyche, and then the physiological functions of the body.

Economic consequences of expropriation associated with a weakening of motivation for productive and high-quality work. It is difficult to count on the creativity of employees who are aloof. With modern technology and organization of production, this will inevitably affect the economic performance of the enterprise.

Political Consequences of Alienation are manifested in the stability of social relations, violations of contacts between different groups of the population, and the strengthening of extremism.

In recent decades, various forms of participation of workers and employees of enterprises in property management and profit distribution have been used to improve social contacts in enterprises and motivate productivity growth. Such experience is available in the USA, Japan, Western Europe.

Currently, the following forms of participation of employees of the enterprise in making management decisions are distinguished:

§ informing the staff about the economic situation and the plans of the administration, the possibility of expressing the opinions of employees on the decisions made, participation in the discussion of decisions with the right of an advisory vote;

§ the possibility of participating in decision-making with rights equal to those of the administration, the use of the right of veto in resolving certain issues related to the position of hired personnel;

§ the right to control the activities of the administration;

§ the right to collective management of the enterprise on the principle of "one person - one vote".

The experts distinguish the following the main conditions for overcoming the states of alienation at the enterprise:

1. Each employee must be convinced of the social utility of manufactured products and the environmental safety of production. The objectives of the firm should be clearly articulated and well known to both the public and staff. It should be noted that the public utility of products is a problem for many firms, including world famous ones. In particular, this applies to drinks produced Coca-Cola and Pepsi-Cola.

2. Each employee must be sure that his creative abilities can be used in the enterprise. This requires a general orientation towards a continuous process of innovation in products, technology, organization, labor, production management.

3. The nature of the relationship between employees, especially between managers and subordinates, must comply with the norms of professional ethics and ideas of justice that have developed in a given society.

In real conditions, for many enterprises, overcoming the states of alienation can present significant difficulties. At the same time, each step along this path means an improvement in the use of labor potential, which will also ensure a corresponding increase in economic and social efficiency.

3. Social partnership- this is the ideology, forms and methods of coordinating the partners of social groups to ensure their constructive interaction. The stability of the social system and the efficiency of the market economy depend primarily on the nature of the relationship between entrepreneurs and employees.

The main areas of social partnership in the field of labor relations are:

a) conclusion of collective contracts and agreements;

b) the participation of employees in the management of production, determined by laws or other state acts, agreements;

c) financial participation (participation in property and income), including the transfer of shares of the enterprise to employees on preferential terms, participation in profits;

d) the implementation of conciliation procedures in resolving collective labor conflicts, the formation of conciliation and arbitration bodies on a tripartite basis;

e) participation of representatives of employees, employers and the state in the management of social security and insurance funds.

The problems of social partnership are usually considered on the basis of the post-war experience of Western European countries, especially Germany. However, the basic ideas of reconciling the interests of capitalists and workers were formulated much earlier.

One of the first works devoted to the essence and conditions of social consent is the "Social Contract" by J. J. Rousseau. This treatise, published in 1762, deals with a society based on laws before which all are equal and which preserve the personal freedom of every citizen. According to Rousseau, perfect legislation cannot be created as a result of the struggle of parties, members of society can only speak on their own behalf, laws are adopted as a result of a plebiscite, the state should be small in territory (example - Switzerland). An important condition for the functioning of the social contract is a high level of civil maturity of the population. The role of legislation was emphasized by many of Rousseau's contemporaries.

The problems of coordinating the interests of social groups were central to the journalistic and practical activities of C. Fourier, A. Saint-Simon, R. Owen. Their ideas cover the most important spheres of society: production, exchange, distribution, education, training, life, etc. For example, C. Fourier proposed to divide net income between capital, talent and labor in the proportion: 4/12; 3/12; 5/12. Despite the fact that the listed authors have been the object of criticism from both the “right” and “left” for more than 150 years, their role in the development of the ideas of social partnership from the modern point of view seems to be one of the most significant.

D.S. Mill was one of the first to use the term "partnership" for social relations. He wrote on this occasion: "Relations ... between masters and workers will be gradually supplanted by partnership relations in one of two forms: in some cases there will be an association of workers with capitalists, in others ... an association of workers among themselves."

Since the main goal of social partnership is to ensure sustainable evolutionary development of society , it is important to determine the conditions under which such development can become possible. These conditions were considered back in the 1920s by P. Sorokin, who found that the stability of a social system depends on two main parameters: the standard of living of the majority of the population and the degree of income differentiation. The lower the standard of living and the greater the difference between the rich and the poor, the more popular are the calls for the overthrow of power and the redistribution of property with appropriate practical actions.

P. Sorokin illustrated his conclusions with examples from the history of the ancient world, the Middle Ages, the history of the church, and modern history. At the same time, in all cases it turned out that the ideologists and leaders of the poor, after seizing power, quickly changed their egalitarian beliefs, became rich people and ardent defenders of the privileges of the new owners.

The German economists W. Repke, A. Müller-Armak and L. Erhard had a significant influence on the development of the idea of ​​social partnership. Scientists have created the concept of a social market economy, which is based on a combination of competition, economic freedom of entrepreneurs and the active role of the state in the redistribution of income and the organization of the social sphere.

Social partnership means the voluntary consent of the employee and the employer to cooperate in achieving the goals that are set for the production process.

tripartite objects(employee - employer - state) social partnership in developed countries are as follows:

Wage policy and maintaining the level of income of the population;

Ensuring labor protection and workplace safety;

Protection of workers and their families (general population) from the harmful effects of environmental pollution. This also includes the system of compensation to workers (and the public) for damage caused by the consequences of pollution, in which entrepreneurs participate;

Implementation of scientific and technological progress and taking into account possible reactions to them on the part of the entrepreneur, employee and the state;

Unemployment. The presence of mass unemployment contributes to the class cohesion of workers, tightens their relationship with the employer, and intensifies the confrontation with the trade unions. For all participants in the social partnership, unemployment is an additional material cost, so the problem of unemployment occupies one of the important places in the system of social partnership in countries with developed market economies.

The degree of state intervention in the economy of developed countries is different, at present all these countries have systems of social security, assistance to the unemployed, their retraining, etc. In essence, all developed countries have systems of social market economy. In Germany, state intervention in the redistribution of income is carried out more actively than in the United States. This is manifested, in particular, in higher tax rates on the profits of the enterprise.

The organization of social partnership in Germany is one of the most important aspects of the organization of the social market economy. Partnership relations are carried out both between employers and employees, and between generations (when organizing pensions).

It is advisable to assess the effect of modern systems of social partnership from the standpoint of the above conditions for the stability of the state, formulated by P. Sorokin.

The first of these conditions is the standard of living of the majority of the population. It is characterized by the fact that at present the vast majority of residents of developed countries are provided with food, housing, and basic necessities. In Germany, over 80% of families have a car, a color TV, a washing machine, a vacuum cleaner, and are provided with telephone communications. All developed countries have programs and funds to help the unemployed, the low-income, the disabled and the elderly.

The second condition for sustainability is income differentiation. In most developed countries, the income difference between the poorest 20% and the richest families does not exceed 10 times. The main part of the population is the middle class, which has a very high standard of living and is absolutely not inclined to a radical change in the social system, especially to the redistribution of property.

Thus, if we proceed from the conditions of P. Sorokin, then in developed countries there are no economic prerequisites for any significant violations of the stability of the social system.

Along with economic factors, the psychological prerequisites and cultural traditions of the stability of the state are also important. In recent decades, the population of developed countries is focused on the search for social compromises. The main part of the population prefers to solve social problems rationalistically, without extremes, on the basis of the rules defined by existing laws.

Thanks to the ideology of social partnership, trade unions and other representatives of employees began to realize their responsibility not only for the level of wages, but also for the efficiency of the economy.

In Russia, at present, the situation for the implementation of the ideas of social partnership is less favorable. The standard of living of half of the inhabitants of Russia by the end of the 90s of the twentieth century did not exceed the physiological minimum. At the same time, income differentiation, according to the Ministry of Labor, is 1.5-2 times higher than in developed countries. The vast majority of the population negatively assesses the current distribution of income and property.

Under these conditions, ideas of forcible redistribution of property are becoming increasingly popular. The growth of social contradictions becomes an obstacle to the growth of labor productivity and living standards.

An analysis of the Western European experience of social partnership allows us to draw some practical conclusions that are useful for Russia:

§ Social partnership developed in the West unevenly across industries, regions, countries, but it is characteristic that everywhere its development proceeded simultaneously at all levels (enterprises - industry - country).

§ The mechanism of social partnership performs two main functions: 1) it is designed to ensure social consensus throughout the country, 2) provides a process of seeking agreement between employees and employers in specific situations and areas of the economy.

§ The foundation of the ideology of social partnership is agreement on the need to ensure for each citizen a certain set of social rights, including a minimum standard of living, regardless of his age, gender, social status and occupation.

§ The fundamental principle of social partnership is the maintenance and strengthening of market competition, the rejection of monopoly and attempts to solve social problems by establishing direct state or private control over the market and market prices.

4. One of the most important social human needs is the need for justice. The quality of life and the effectiveness of economic activity significantly depend on the degree of its satisfaction.

Although everyone has an idea of ​​justice, its definition is quite difficult. As a first approximation justice appropriate to consider as equality of opportunity. A different understanding of justice is manifested, first of all, in the spheres and directions of the implementation of equality of opportunity. Let's note some of them.

1. Distribution of social wealth and products of labor often comes down to equality in property and consumption. The distribution of income significantly depends on their structure. In general, personal income is formed from three main sources: labor, property and public funds.

The differentiation of incomes in the country essentially depends on the achieved level of economic and social development, including labor productivity, welfare characteristics, and the degree of democratization of society. As a result of many studies, it has been established that the level of income differentiation in developed countries is significantly less than in developing countries. In other words, the poorer the country, the greater the difference between the rich and the poor.

2. Protecting the dignity and property of citizens. The legislation of all civilized countries, the conventions of the International Labor Organization and other documents of international organizations emphasize the equality of all citizens before the law, the need to protect their honor, dignity, and property. Real observance of these requirements in modern society is not yet ensured to the same extent for all citizens.

3. Availability of education and medical care. Differences in income and property significantly affect the availability of education and health care. However, all citizens of civilized countries are provided with the opportunity to receive secondary education and basic medical services.

4. Development and use of natural abilities is one of the important characteristics of the justice of social relations. In civilized countries, these opportunities are now much higher than they were at the beginning of the 20th century and earlier. However, since the realization of abilities largely depends on social origin, education and upbringing, inequality still persists in this area. The reduction of this type of inequality is in the interests not only of those with great abilities, but of the whole society.

Human abilities are the most important of economic resources. The results of the activities of people with great inventive, entrepreneurial, scientific, artistic abilities, as a rule, are above the average level, and the level of income is correspondingly higher. Outstanding abilities in the arts, sports, and some other activities affect income levels more than education and social background. Therefore, in developed countries, natural abilities have become one of the most significant causes of inequality. With a reasonable tax policy, this kind of inequality is in the interests of the entire population of the country.

5. Behavior in the labor market goods and resources is seen as equality of opportunity in the labor markets, goods and resources. In practice, this is what is meant by fair competition, the problems and prerequisites of which are considered in works on general economic theory.

6. Participation in the management of the enterprise, the activities of regional and state authorities are an important aspect of justice in a democratic society. Participation is usually viewed from the standpoint of the representation of various social groups in the bodies that distribute resources, income and other benefits. The expression of the interests of all sectors of society is, of course, necessary. At the same time, in order to achieve the greatest economic and social efficiency, in the final analysis, it is not the arithmetic of representation that is important, but the abilities, moral and business qualities of specific individuals. For the practice of managing social processes, both at enterprises and in society, the relationship between the problems of equity and efficiency is most significant. As experience shows, on the one hand, the growth of efficiency provides conditions for greater justice in social relations, on the other hand, satisfaction of the need for justice plays an important role in motivating the growth of efficiency.

The work was added to the site site: 2015-07-10

Lecture 9. REGULATION OF SOCIAL LABOR RELATIONS. DEVELOPMENT OF SOCIAL PARTNERSHIP

9.1. The essence of social and labor relations in the development of the labor market

"> Social and labor relations (SRT) are objectively existing interdependence and interaction of the subjects of these relations in the labor process, aimed at regulating the quality of working life.

"> The term "social and labor relations" entered into scientific circulation and became widely used in labor economics relatively recently. This is due to a number of reasons: firstly, the development of only recently scientific and applied ideas about the role of people in the development of the economy; secondly, the solution of the most important tasks of socio-economic reform in Russia, and thirdly, the need for the full integration of the Russian economy into the world economy.

"> It is possible to single out two stages of the idea of ​​the role of people in the development of the economy: at first, people were perceived as a special resource, i.e. as "labor resources", and a person as a subject of social development (the concept of "human factor"); at the next stage of development of ideas about a person as a subject of economic activity, the concept of “individual, personality” is introduced.A person is considered as a multifaceted, multi-role subject of SRT, and creating the necessary conditions for its development is a task of the highest complexity.

"> Socio-economic reform in Russia involves the solution of the following major tasks: stabilization of the social, economic and political situation in society; the formation and development of new technological production; a significant reduction in inflation; an increase in the standard of living of the population, etc. The solution of these tasks requires the unification of all the forces of society in the implementation of a coordinated policy in the field of SRT and the formation of an effective system of social protection of the interests of all STO participants.

"> For the full integration of the Russian economy into the world economy, it is necessary to have such a national SRT system that would meet the requirements of the world community and would be accepted by this community.

"> It is very important to emphasize that scientific theories aimed at the formation of truly humane SRTs have a constructive practical application in the activities of leading Western firms, which is one of the most serious achievements of world civilization.

"> In Russia, the theory of the formation and development of STOs is in its infancy. For example, the process of forming a layer of employers is slowly proceeding; trade unions, which should represent the interests of workers, often conflict with each other; councils of labor collectives, strike committees often claim to be representatives on behalf of workers ; the state does not have effective mechanisms for implementing its policy in the field of SRT, although its role in this process is defined by law.

"> In the formation and development of SRT in our country, two features can be distinguished: firstly, some stable old concepts and categories that scientists, practitioners, politicians operate with have been preserved; secondly, there is a rethinking of the SRT problem, clarifying the development of individual concepts in relation to new paradigm of socio-economic development.

"> SRT as a system has two forms of existence: 1) actual SRT, functioning at the objective and subjective levels; 2) social and labor legal relations, which reflect the projection of the actual SRT on the institutional, legislative, rule-making level.

9.2. Structural components in the system of social and labor relations

"> Structural components in the SRT system are shown in Fig. 43.

"\u003e The relationship of SRT subjects can be individual, when an employee interacts with the employer, as well as group or collective, when employees (employers) interact with each other. In this regard, SRT are divided into two-, three- and multilateral.

"> STO types in their pure form do not exist - there are combinations of these types.

"> Historical experience shows that initially new subjects of relations were formed, and then SRTs themselves. A market economy is characterized by such subjects as an employee, an entrepreneur, the state. Each subject has its own characteristics and performs a certain role in the SRT system.

"> Fig. 43. Social and labor relations

"> In the analysis and regulation of SRT, the concept of "SRT level" is introduced. It depends on the characteristics of SRT subjects and is determined by the properties of the socio-economic space in which these entities operate. Employer-employer. At the group level, there is a relationship in SRT between workers' associations (trade unions) and employers' associations. At a mixed level, between the worker and the state, the employer and the state.

"> Each level of SRT has its own specific objects of relations and relationships between objects.

"> The life cycle of a person includes several stages: from birth to graduation; the period of work (and / or family activity); the period of post-work activity. At each stage of the life cycle, a person in the SRT system will give preference to certain goals - objects.

"> The subjects of SRT are represented by diverse socio-economic phenomena that can be structured as follows: SRT of employment; relating to the organization and efficiency of labor; arising in connection with remuneration for work. Such structuring is very productive, as it allows you to influence the subject of SRT, taking into account market relations .

"> At present, in our society, the process of forming a new type of social stratification of the population in terms of living standards, labor motivation, social and professional orientation, labor behavior, as well as adaptation to market forms of management has begun.

"> The type of SRT is determined by their nature and principles, on the basis of which decisions are made in the labor sphere. The basic role in the formation of SRT types is played by the principles of equality and inequality of the rights and opportunities of SRT subjects. Their combination directly forms a certain type of SRT.

"\u003e Equal opportunities in the STO are provided by law: in Russia - by the Constitution, the Labor Code, the Laws "On Employment in the Russian Federation", "On Collective Agreements" and other regulatory legal acts. Russia has ratified two of the three ILO Conventions on Equal Opportunities in sphere of labor and employment (ILO Conventions No. 100 and 111).

">Thus, SRTs are formed on the basis of the impact of a combination of specific circumstances and specific factors.

9.3. Indicators and criteria for assessing social and labor relations

"> In practice, individual private indicators or even several indicators in the aggregate cannot really reflect the state of the STO - for these purposes, the integral indicator "quality of working life" (KTZ) is used, which allows you to assess not only the state, but also the degree of development of the STO in the labor sphere .

"> The quality of working life is understood as a systematized set of properties that characterize the conditions of industrial life and allow taking into account the degree of realization of the employee's interest and the use of his abilities (intellectual, moral, organizational, physical, etc.).

"> Theoretical approaches to the definition of KTZh basically took shape in the 60-70s." xml:lang="en-US" lang="en-US">XX"> c. The basis of the concept of KTZh is made up of three important provisions: ensuring, in the course of self-realization of an employee, his satisfaction with achievements in work is a more important motivator than salary and career; compliance with the requirements of labor democracy (development of democratization of production); the availability of opportunities for continuous professional growth. At the same time the concept includes two important areas: the autonomy of the employee's personality and the possibility of developing his various abilities, i.e. an individual approach to a working person.That is why large corporations have organized permanent training courses and a system of advanced training, and some corporations pay for the training of employees outside the enterprise , establish fees for knowledge, encouraging professional growth.

"> In the 70s, KTZ programs began to be introduced abroad. Objective factors influenced this process: pressure from trade unions, the economic situation, technological changes, the introduction of automation and computerized technology.

"> Measurement and evaluation of KTZ began to be carried out on the basis of a system of indicators obtained using official statistical information, special sociological studies and sociological surveys, expert assessments. The system of indicators provided for the characterization of KTZ from the position of an employee, entrepreneur (enterprise management) and society. The main parameters of the assessment KTZh were analyzed in five groups: technology, labor organization, personal needs of workers, workplace, external environment and society.The parameter was calculated as the ratio of the actual state to the standard value.The assessment of KTZh from the point of view of society was determined by the costs of social protection of workers and their dependents, on the basis for calculating the coefficients of satisfaction with the quality of working life.

"> Working conditions were assessed according to the criteria of the severity of labor. The level of labor organization was determined as an integral indicator, etc.

"> At the end of 1980, 24 OECD countries began to use a system of the following indicators to assess KTZ: distribution of earnings; use of working time (length of paid leave, average working hours, travel time, to work, work schedules used); safety and working conditions (violation of normal working conditions, mortality in the workplace) All these indicators are determined and studied in different aspects: in the context of industries, professions, gender, age, type of household, socio-economic status, size of the settlement (sex, age, socioeconomic status of the employee, type of household, accounting for the size of the settlement are so-called standard indicators), as well as in terms of internal structural dimensions (for example, paid vacation from ___ to ___ days, travel time from ___ to ___ minutes, wages from ___ to ___ dollars or rubles), etc.

"> The KTZ indicator is decisive in a person's life, but this is only one of the elements of the quality and standard of living of people in general, therefore, when assessing the degree of development of SRT, it is important to understand the relationship between factors characterizing the quality of working life, the quality and standard of living of people and factors in the development of STO.

9.4. Factors influencing the formation of social and labor
relations

"> The formation of SRT in society is influenced by numerous factors of a political, economic, sociocultural and historical nature. Three factors should be singled out as the main ones: social policy and its features in the country; globalization of the economy; level of development of social labor and production.

">Social policy"> as a way of actions of state authorities and state administration aimed at improving the quality of life of people in society, is expressed in a system of targeted measures of a strategic nature, including the mechanism for the formation and regulation of SRT.

"> Social policy defines a set of measures for the formation and development of STOs in society, the purpose of which is to improve the situation on the labor market, in the field of wages, labor protection and social protection, the protection of employees, the development of social partnership. At the same time, it is necessary to establish boundaries for the implementation of the principles market economy in the STR system, taking into account the limitations, which include a number of problems: the relationship of market mechanisms with future generations; the range of elements of the STR defined by the ILO Conventions and the obligations assumed by Russia within the world community, which by their content cannot be "market" .

"> For example, such elements of labor relations are vocational guidance and consultation, employment of citizens, vocational rehabilitation of the disabled, vocational training and retraining of women whose maternity leave has ended, etc.

"> Historical experience shows that the degree of commercialization of STOs is relatively lower in countries with a highly developed economy than in underdeveloped and developing countries, since the economic capabilities of the former allow them to bring the criteria of human social protection into broader STOs.

">Globalization of the economy"> as the process of formation of the system of international division of labor is characterized not only by the rapid growth of world trade, active flows of foreign investment, rapid changes in technological processes, but also by the increased interdependence of national financial markets, an increase in foreign exchange flows of speculative transactions between states, the growth of secondary financial markets, increased imbalance in solvency, trade.All these processes together affect macroeconomic policy at the national level and limit its formation, which is most severely manifested in labor policy, causing serious problems around the world.As a factor in the formation of CTO, globalization releases economic forces that deepen already existing inequalities in the areas of labor productivity, income, material well-being, prevent equality of opportunity in SRT, which contributes to maintaining a sustainable interest in the use in SRT policies of labor protectionism - protection of national labor markets.

"> Labor protectionism is always a synthesis and a consequence of political, economic, technological, financial and commodity protectionism, in which such regulators as import quotas and licensing, the choice of technological development paths, exchange rate regulation, etc. are used, and which ultimately However, the labor market also uses its own, specific methods of protection: administrative restrictions on the influx of foreign labor, regulation of the price of labor on the national labor market, etc.

"> Elements of labor protectionism are present in the economic policies of many countries of the world. Russia has yet to assess the impact of the consequences of economic globalization on the STO in the context of its new economic life. Under these conditions, it is advisable to pursue a financial and industrial policy that promotes the competitiveness of domestic production and the effective restructuring of enterprises, temporarily while protecting the domestic market in its most vulnerable areas for low value-added imports, allowing domestic producers some time to make the necessary adjustments.

"> Industrial policy should be aimed at stimulating productive investment in enterprises that create new or reanimate economically viable previously existing jobs. A necessary organizational element for the implementation of such a policy is to determine the responsibilities of various government bodies in the development and implementation of measures to protect and develop the national labor market .

"> In the development of social labor"> there are objective laws: the division and cooperation of labor, the growth of labor productivity, the replacement of labor by capital. The division and cooperation of labor as structure-forming factors in SRT appear in their substantive and functional forms, in vertical and horizontal sections and determine the place of each worker in the labor process, its functions, duties, as well as requirements for the quality of the workforce and the quality of the work of employees.

"> The impact of the division of labor on SRT in the last decade is increasingly determined by the specifics of new technologies. Modern technologies, both in production and in management, are less and less a factor limiting the functions of a person and the field of decision-making. Rather, freedom of action in the division of labor and the construction of work is incorporated in technical solutions and with the development of computer technology it increases even more.A programmer himself, for example, chooses a programming language, a control method, a type of dialog mode.At the same time, new options and new areas of application of new technologies are constantly opening up Accordingly, these opportunities are reflected in the formation of labor functions, types of activities, qualification requirements, and organization of jobs.

"> Organizational forms of division and cooperation of labor are increasingly determined not only by the technical base, but also (to a greater extent) by the traditions of the company, the need for control by managers, the characteristics of individual products; at the same time, labor efficiency is higher if the organization's personnel is a set of non-isolated individuals, but highly effective working groups that influence the behavior of individuals through norms that contribute to the development of certain behavior of group members.

"> The most important systemic regularity in the development of social labor, affecting the SRT, is the process of replacing labor with capital, which occurs under the influence of labor productivity growth due to scientific and technical progress, financial factors, and peculiarities of the development of the national economy.

"> Significant importance in the formation of the SRT system are">role"> and ">place "> enterprises in this system, the peculiarity of the enterprise - its size, type, organizational form, development life cycle, industry affiliation, financial position, etc.

"> In the Russian economy, these factors currently play a decisive role, since enterprises assume full responsibility for meeting the demand for goods and services produced and effectively solving all issues in the labor sphere and production and economic activities. New organizational forms of enterprises and their associations - industrial groups, concerns, associations, the process of formation of small and medium-sized enterprises is gaining momentum.

"> The STO system at the enterprise level is determined by the main framework elements; the concept and development strategy of the enterprise (organization); the system of jobs; personnel policy; labor behavior.

"> Framework elements include the main legal framework, general economic conditions, the structure and development of the external labor market, the socio-cultural environment, the main technical parameters of products and equipment.

"> Concepts and development strategies define interdependencies between personnel and other types of enterprise (organization) policy.

"> The system of jobs is formed during the sequential execution of work in the technological process, taking into account their content, organization and maintenance of the workplace, specialization and cooperation, rationing and working conditions, establishing working hours and other organizational elements.

"> The personnel policy takes into account the planning and recruitment of personnel, the organization of filling jobs, the assessment and remuneration of employees, the qualification growth of personnel, labor motivation, social benefits, compensation payments, participation of employees in the profits and capital of the enterprise (organization).

"> Labor behavior is formed by attitudes, motives, group and individual norms of labor behavior, conflict, professional socialization and other elements.

9.5. Regulation of social and labor relations in the development of the labor market

"> The system of new service stations can be formed either spontaneously or purposefully. Targeted impact must be carried out on a permanent basis with the help of a system of measures of public and state regulation (Fig. 44).

"> When developing approaches to the regulation of STOs and choosing the most effective methods for the accelerated transformation of society adapted to market reforms in the economy, it is necessary to identify the levels of regulation of these relations: the state, regional and main economic link (enterprise, organization). Since the goals and objectives of each level controls are different, and the functions and controls at each control level are different.

"> Fig. 44. System of measures of public and state regulation
social and labor relations

"> In the Russian Federation, the legislative framework covers the scope of STO regulation in the following areas: working conditions (wages, rest, labor protection, social guarantees); social policy (pensions, social insurance, medical insurance, social benefits payments to vulnerable groups of the population, policy maintenance of living standards and a policy of differentiation of incomes of the population); employment (registration of the unemployed, professional retraining, search for vacancies, assistance in organizing new jobs, prevention of unemployment, including "administrative pressure" on the process of laying off workers, as well as investment activities of the state); migration policy that regulates the movement of labor and the resettlement of the population from unfavorable regions on the basis of "resettlement programs"; demographic policy that regulates the natural processes of reproduction of the population, on the basis of assistance programs for pregnant women, payment of benefits for children, improving health and reducing mortality, etc.

"> The main drawback of the Russian regulatory system is the declarative nature of many legal and economic regulatory documents, the lack of an effective mechanism for implementing the provisions of specific documents in practice.

"> The main instrument regulating the STO are state programs of federal, regional sectoral and private nature, developed on the basis of social indicators (norms) used to set goals in programs and to select methods that ensure the implementation of the developed programs.

"> The impact on the implementation of programs is carried out by administrative and economic methods. Administrative methods are of a regulated and organizational nature. Economic methods regulate STOs indirectly, through depreciation, fiscal, tax, financial and credit policies.

9.6. The role of social partnership in the regulation of labor relations

"> Social partnership -"> this is such a type and system of relations between employers and employees, in which the coordination of their most important social and labor interests is ensured. The basis of social partnership is not only the division of responsibility between representatives of workers, employers and the government for the results of decisions made and implemented, but also a mechanism for weakening monopoly of state authorities on managing the economy, their guardianship over all sectors of society.In this regard, social partnership for countries that have entered the transition period is an extremely important and necessary component of the formation of the economy.The main goal of social partnership is to promote the solution of urgent social and economic problems, strengthening democracy, maintaining social stability, achieving agreement between all participants in the partnership.

"> In Russia, in which the process of transition to a market economic system began actively only after August 1991, the system of social partnership in the form in which it exists in developed countries is only being formed.

"> In the Soviet period, all the attributes of social partnership were intensively used - the conclusion of collective agreements and agreements, the participation of workers in the management of production, consultations and negotiations on labor and social issues - however, no one called this practice social partnership. It was believed that the basis of the Soviet system was economic, socio-political and moral unity of all members of society, in which there were no interests that were opposite in content, and therefore there was no need for such a mechanism for coordinating interests as social partnership.

"> With the transition to the market, the attitude towards social partnership has changed. Taking into account the experience of developed countries in Russia, the idea that a market economy cannot develop without a well-functioning system of social partnership has become widespread. Therefore, the transition to a market in Russia was accompanied by intensive work on the necessary legal acts that could form the basis for the formation of a system of social partnership."> the Constitution of the Russian Federation,"> proclaiming in Article 30 Part 1 the right of every citizen to associate, including the right to form trade unions to protect their interests, and guaranteeing the freedom of activity of public associations. Another act that forms the basis of the social partnership system,"> Decree of the President of the Russian Federation">« ">On social partnership and resolution of labor disputes (conflicts)""> dated November 15, 1991, recognized it as expedient to introduce into practice the annual conclusion of general and sectoral agreements between trade unions, employers, government bodies. Thus, the wider opportunities for representatives of workers and employers to resolve issues of labor and socio-economic development on on the basis of negotiations on the scale of the Federation, republic, industry.A decisive role in the formation of a system of social partnership in Russia, in ensuring the coordination of the interests of subjects of social and labor relations at all levels belongs to"> Law of the Russian Federation "On collective agreements and agreements""> March 11, 1992

"> Many other normative acts regulating relations in the collective bargaining sphere have also been adopted: Decree of the President of the Russian Federation "On Certain Issues of the Activities of the Russian Tripartite Commission for the Regulation of Social and Labor Relations" dated March 21, 1994 No. 555; Decree of the Government of Russia "On Service for the Resolution of Collective Labor Conflicts under the Ministry of Labor of the Russian Federation” dated July 30, 1993 No. 730, the provisions of the ILO Conventions and Recommendations and other regulatory documents, including the agreements and contracts themselves.

"> Laws and by-laws constitute the legal framework that ensures the operation of the social partnership system in the field of regulation of labor relations.

9.7. Basic principles and system of social partnership

"> The functioning of the social partnership system is based on"> tripartism - "> systems of tripartite representation (Fig. 45).

"> Fig. 45. Participants in the contractual process of social partnership

"> The elements of the system are the object, subjects, levels, principles and controls.

">Object "> systems of social partnership - public, in this case, social and labor relations.

">Subjects "> (parts) of social partnership in the field of social and labor relations are employees, employers and the state. It should be noted that employees and employers are not the only participants in social partnership. Changing the object also leads to a change in subjects. So, if social relations are formed in order to use and protection of the environment, then the subjects of the partnership can be business entities and environmental organizations, if for the purposes of education - teachers and students, if for the purposes of exercising the rights of citizens to self-government - local government bodies into self-governing communities of citizens, etc.

"> With the development of market structures, the state mainly performs the functions of a coordinator and organizer of the regulation of labor relations, a controller, an intermediary, but it can act in the system of social partnership both as an owner of property and as an employer (in cases where state-owned enterprises are involved).

"> One of the most important functions of the state is the development of legal foundations and a mechanism for improving the organizational forms of social partnership, the rules and mechanism for interaction between the parties, the establishment of reasonable sizes and procedures for determining minimum social and labor standards (minimum wages, social benefits and guarantees, etc.), stimulating negotiations between the parties.Table 15 gives an idea of ​​the Russian system of social partnership.

">Principles "> as an element of the social partnership system, the main requirements for the functioning of this system are determined. The main principles of social partnership are: compliance with the norms of the law; the authority of the representatives of the parties to assume obligations; the reality of ensuring the obligations assumed; systematic control and responsibility for the fulfillment of obligations.

"> According to ILO specialists, in a market economy, the proper functioning of social dialogue and social and labor relations in the spirit of partnership involves:

"> political and material independence of organizations of workers and employers from each other and from the state;

"> approximate equality of forces of social partners;

"> professional competence of partners.

">Table 15

">The system of social partnership in the Russian Federation

">Levels of collective bargaining regulation	">Object	"> Subjects (participants) of agreements	">Controls	">Types of agreements
" xml:lang="en-US" lang="en-US">I"> Federal	"> Social and labor relations at the level of the Federation as a whole	"> 1. All-Russian associations of trade unions, all-Russian trade unions - all-Russian associations of employers - the Government of the Russian Federation. "> 2. All-Russian trade unions - all-Russian associations of employers - Ministry of Labor of the Russian Federation	"> 1. Trilateral Commission "> 2. Sectoral Tripartite Commission	"> 1. General agreement ">2. Industry agreement
" xml:lang="en-US" lang="en-US">II">. Subject of the Federation (republic, territory, region, district, federal city, autonomous region, autonomous region)	"> Social and labor relations at the level of the subject of the Russian Federation	"> 1. Association of trade unions (republics, territories, regions "> etc.) - executive authorities of the subject of the Russian Federation. "> 2. Trade unions, associations of trade unions - associations of employers - executive authorities of the constituent entity of the Russian Federation	"> 1. Trilateral Commission "> 2. Industry Commission	"> 1. Regional agreement "> 2. Sectoral (intersectoral) agreement "> 3. Professional (tariff) agreement
" xml:lang="en-US" lang="en-US">III">. Territorial (district, urban area, municipality, etc., territory)	"> Social and labor relations at the level of the territory	"> Territorial associations of trade unions - territorial associations of employers - bodies of executive power or local self-government of the territory	"> Commission of the appropriate level	"> Territorial agreements (special)
" xml:lang="en-US" lang="en-US">IV">. Organizations (enterprises, institutions)	"> Social and labor relations at the organization level	"> The primary organizations of trade unions acting on behalf of workers - the employer	"> A commission formed from representatives of the parties	">Collective agreement

"> An important feature of the principles of the system is that they must be respected at all its">levels - "> federal when concluding a General agreement; regional - when concluding social (regional) agreements; sectoral (sector of the national economy) - when concluding tariff agreements; local (local) - when concluding collective agreements at enterprises of various organizational and legal forms of ownership. Such a multi-stage system implies another important principle of the social partnership system: each subsequent level of the collective agreement (contract) cannot worsen the conditions of a higher level and should differ from the previous one by greater benefits for employees.

"> A significant problem, the solution of which is necessary for the successful functioning of the social partnership system, is the creation of unified"> controls."> In Russia, in order to conduct collective bargaining and prepare a draft General Agreement at the federal level, a permanent Russian tripartite commission for the regulation of social and labor relations (RTC) has been created, which includes representatives of all-Russian trade unions and their associations, all-Russian associations of employers and federal executive bodies (Fig. 46).

"> Fig. 46. The Russian tripartite commission for the regulation of social and labor relations

"> The main tasks of the RTK: conducting collective bargaining, preparing and concluding a General Agreement between all-Russian associations of trade unions, all-Russian associations of employers, the Government of the Russian Federation; discussion of draft federal laws and other regulatory legal acts of the Russian Federation on issues of socio-economic policy, regulation of labor relations study of international experience, participation in events held by relevant foreign organizations, etc. The organizational structure of sectoral, regional, territorial commissions is formed based on the specifics of the industry, region or territory.

"> The forms of implementation of social partnership are collective agreements and agreements, consultations and negotiations on the implementation of social and labor policies, coordination of actions aimed at satisfying the interests of the parties and joint control over the implementation of the agreements reached. Negotiations and consultations preceding their conclusion, as well as subsequent control over compliance with the agreements reached are a mechanism for the implementation of social partnership.

"> Currently, there is a growing interest in collective bargaining, the development of regulation on their basis of social and labor relations on the part of the administrations of the constituent entities of the Russian Federation and territorial entities of other states that are part of the CIS. In many regions, the administration, together with trade union associations, adopts resolutions on interaction on regulation of social and labor relations.They define the goals and objectives of social partnership, the procedure for the development and conclusion of tripartite agreements at the level of regions and administrative-territorial (municipal) formations.At the same time, these documents solve important fundamental issues that arise in the process of improving the practice of tripartite cooperation.

9.8. Information support of labor mediation
In Russian federation

"> Information support of labor mediation consists in providing information on existing job vacancies, on the supply of labor, existing professions, the necessary qualifications and training, and the rights of workers (Fig. 47).

"> Fig. 47. Structures that have the main stories of information

">Public Employment Service"> provides free information about vacancies to job seekers and companies about the offer of work, accumulates information about job searches by the unemployed and those who want to change jobs and apply for help to the employment service.

"> If the employment service is not efficient enough, enterprises and organizations may not provide information, or the declared need for labor will be less than the actual one. The situation when enterprises and organizations do not provide the employment service with all information about vacancies is currently typical for Russia.

">Information banks about recruitment or employment opportunities">in the media"> by their nature close to information">non-state"> intermediary">organizations "> (Fig. 48). There are specialized publications, television and radio programs that publish information only about employment and recruitment, as well as special sections or individual announcements in publications and programs that are not directly dedicated to employment. Such publications can be initiated and established by state and non-governmental organizations engaged in labor mediation, and to have their databanks on vacancies and labor supply.The placement of ads can be paid or free of charge.

"> Fig. 48. Non-governmental organizations involved in labor mediation

"> Of a special nature is information on employment opportunities or employment of labor, provided by the employment authorities when"> educational institutions."> Firstly, educational institutions have detailed information about their graduates, i.e. about the supply of labor; secondly, they have information about the demand for their graduates and can assist in finding employment.

"> In educational institutions, special units can be created to assist in finding employment and form specialized information banks. Such units provide their services on a paid or free basis. In Russia, after the abolition of the system of state distribution of young specialists, information banks and structures that promote employment.

"> The information that organizations that carry out labor mediation have is used not only to find the right employee or job, but also to make decisions in the field of business and labor activity.

9.9. Problems of development of social partnership in Russia and ways to solve them

"> At first glance, one may get the impression that all the necessary conditions for the development of social partnership in Russia are already present:

"> the transition to market relations took place;

"> there is a minimum necessary legal basis for the development of social partnership;

"> there are trade unions - organizations that represent and protect the interests of workers;

"> a class of entrepreneurs stood out;

"> the state has declared its readiness to act as an intermediary in relations between employees and employers.

"> However, in Russia there are still serious problems in the field of social partnership development.

">Basic problem"> - the absence of strong and powerful trade unions, declaring themselves as a real force that cannot be ignored. The trade unions existing in Russia are either weak or openly conciliatory. Even the infrequent all-Russian protests that they hold are not capable of radical The position of trade unions in small and medium-sized enterprises is weak.Ill-conceived reorganizations, in particular the enlargement of the trade union organization, lead to the loss of ties between trade unions and local organizations and ordinary members.

">Second major problem"> ineffective social partnership in Russia - low discipline, the absence of a clearly operating executive vertical of government structures, violation of the principles of equality of arms and openness proclaimed by them when making decisions vital for the country.

"> Very often, employers and workers take similar positions and act as a united front against the government. There is an opinion that the most irresponsible partner is the government, which has not fulfilled most of the points in the tripartite agreement, and this often leads to the impossibility for enterprises to continue working. Already after the signing agreements by the government (on indexation, wage increases, etc.) The Ministry of Finance refuses to allocate appropriate funds.

"> The opinion of the government side on the state of social partnership comes down to the fact that the main reason for the failure to comply with the agreements is the lack of a normal stable economic situation in the country and the corresponding legislative framework. The government agrees to conduct a dialogue only on problems related to the preparation of new legal acts. As for state programs that can (and should) lead to the stabilization of the Russian economy, neither trade unions nor employers are allowed to prepare them.

">Third problem"> in the development of social partnership - the imperfection of the mechanism for implementing contractual conditions. Any commissions (RTK, regional, factory) are exclusively advisory bodies, they do not have levers for regulating the process of implementing signed agreements.

"> In the improvement of social partnership in Russia, two directions can be identified: 1) the development of new strategies in the activities of trade unions and business associations; 2) increasing the efficiency of the RTK.

"> In the implementation of the first direction, the following ways can be distinguished:

"> the provision of new services and the creation of relevant services. We are talking about the collection and provision of information that facilitates deliberative procedures between trade unions and relevant industry associations of entrepreneurs (on applicable or possible additional payments, availability of jobs, content of computer training programs for various jobs and activities , possible professional contacts);

"> involvement of new members, i.e. spreading the influence of trade unions primarily on young people, women, workers of small and medium-sized enterprises and the informal sector (which in some regions covers up to 80% of all workers), association of entrepreneurs, especially owners, into appropriate organizational structures small and medium enterprises, informal sector enterprises;

"> expansion of international cooperation of trade unions and employers' organizations in the development of international relations, including participation in world and regional forums, conferences and seminars, in establishing direct contacts with colleagues from other countries, in particular those employed in multinational companies, which will help exchange useful experience, strengthen communication and solidarity of trade unionists and the creation of an international integrated service network providing training, legal advice and strategic planning services to an ever-growing circle of entrepreneurs;

"> the formation of new associations. Non-governmental organizations, consumer unions, employers' associations and trade unions, which pursue different, but somewhat similar goals, are becoming an increasingly important reserve of social forces interested in solving complex social problems of international importance: ensuring rights development of trade policy, improvement of the ecological state and environmental protection.The creation of non-traditional alliances of such organizations will ultimately help to expand the field of social harmony and accelerate world progress;

"> improvement of the economic and legal mechanism for regulating contractual terms for all types of agreements, which will lead to an increase in the performance discipline of all subjects of social partnership.

"> The effective operation of the RTK and the entire system of social partnership, despite the difficulties and the general poor readiness of Russian conditions for social and market relations, is directly determined by the level of interest of partners, therefore, in the process of increasing the importance of the RTK and strengthening its role in developing a socio-economic course and regulating labor relations it is necessary:

"> define and legislate its status and the status of its coordinator;

"> to promote the establishment and expansion of the practice of tripartite consultations within the framework of the entire system of social partnership, and above all on the preparation and adoption of legislative acts relating to a wide range of social and labor issues;

"> to develop an economic and legal mechanism for the implementation of the decisions taken, as well as control and responsibility for failure to comply with the decisions taken by the RTK;

"> organize within the framework of the RTC a group to study and generalize the experience of similar bodies abroad.

Questions for self-control

"> 1. Give a definition of social and labor relations and reveal the basics of the methodology for their development.

"> 2. Describe the structure of the elements of social and labor relations.

"> 3. What are the features of social and labor relations at various stages of a person's working life?

"> 4. What are the main types of social and labor relations and what are their differences?

"> 5. Describe the factors influencing the formation and development of social and labor relations: on the scale of society, within the organization.

"> 6. Determine the criterion for assessing social and labor relations. How is the indicator "quality of working life" measured?

"> 7. What mechanism is used to regulate social and labor relations in Russia?

"> 8. What is "social partnership" and what mechanism is used in its development?

"> 9. Show the role of the ILO in the development of social partnership in Russia?

"> 10. What is the content and significance of tariff agreements and collective agreements?

"> 11. What is the status of all-Russian legislative acts regulating the conditions of remuneration?

"> 12. How is the information support of labor mediation carried out?

"> 13. What problems exist in the development of social partnership in Russia?

"> 14. Expand the content of general, special and collective agreements.

"> 15. In what areas is it proposed to improve social partnership in the Russian Federation?

Social and labor relations— interrelations and relationships that exist between individuals and their groups in the processes caused by labor activity. Social and labor relations arise and develop in order to regulate the quality of working life.

In ϲᴏᴏᴛʙᴇᴛϲᴛʙii with the Labor Code of the Russian Federation, labor relations there will be relations based on an agreement between the employee and the employer on the personal performance by the employee of a labor function for a fee (work in a certain specialty, qualification or position, subordination of the employee to the rules of internal labor regulations while ensuring that the employer provides working conditions stipulated by labor legislation, an employment contract, etc. .)

With ϶ᴛᴏm, the concept of social and labor relations is much broader, the concept of labor relations and demonstrates not only the legal, but also the socio-economic and psychological aspects of the labor process.

Elements of the system of social and labor relations:

• subjects of social and labor relations;
• levels of social and labor relations;
• subjects of social and labor relations;

Subjects of social and labor relations

The subjects of social and labor relations are: employee, employer, state.

hired worker- ϶ᴛᴏ an individual who has concluded an employment agreement (contract) with an employer to perform certain work in ϲᴏᴏᴛʙᴇᴛϲᴛʙi with ϲʙᴏ her qualifications and ϲʙᴏ their abilities. In the first place, trade unions are engaged in protecting the interests of employees.

Employer- ϶ᴛᴏ a natural or legal person (organization) employing one or more persons for work. With ϶ᴛᴏm, the employer can be both the owner of the means of production and his representative (for example, the head of the organization who is not its owner)

State in the system of social and labor relations, it implements a legislative function, and also acts as a coordinator and organizer of these relations, as well as a mediator and arbitrator in labor disputes. On the other hand, the state will also be an employer.

The levels of social and labor relations are divided into:

• individual and collective;
• state level, level of organization, workplace, etc.

The subjects of social and labor relations will be various aspects of the working life of a person and organization.

To them are ᴏᴛʜᴏϲᴙ:

• organization and efficiency of labor;
• hiring-dismissal;
• assessment, conditions and remuneration, issues of pension provision;
• personnel policy of the organization, etc.

Analysis of social and labor relations

They characterize the economic, psychological and legal aspects of the relationships of individuals and social groups in the processes caused by labor activity. The analysis of social and labor relations is usually carried out in three areas: subjects; items, types.

Subjects social and labor relations will be individuals or social groups. It is worth saying that for the modern economy, the most important subjects of the relations under consideration will be: employees, trade union, employer, union of employers, state.

hired worker- ϶ᴛᴏ a person who has concluded an employment contract with a representative of an enterprise, public organization or state.

Employer- ϶ᴛᴏ a person who hires one or more workers to do work. The employer may be the owner of the means of production or his representative. In particular, the employer will be the head of a state-owned enterprise, who, in turn, will be an employee in relation to the state.

Trade union is created to protect the economic interests of employees or persons of free professions in a certain field of activity.
Do not forget that the most important areas of activity of the trade union will be: employment and wages.

State as a subject of social and labor relations in a market economy, it plays the following main roles: legislator, defender of the rights of citizens and organizations, employer, mediator and arbitrator in labor disputes.

The relationship between the subjects of social and labor relations arise under various conditions: employee-employee; employee-employer; trade union-employer; employer-state; worker-state, etc.

Subjects of social and labor relations are determined by the goals that people strive to achieve at various stages of their activities. Material published on http: // site
It is customary to distinguish three main stages of the human life cycle:

• from birth to graduation;
• period of work and/or family activity;
• period after employment. Material published on http: // site

At the first stage, social and labor relations are associated mainly with vocational training problems. On the second - the main ones will be hiring and firing relationships, conditions and remuneration. On the third - the central one will be pension problem.

To the greatest extent, the subjects of social and labor relations are due to two blocks of problems: employment; organization and pay.

The first of these blocks determines the possibilities of providing people with the means of subsistence, as well as the realization of individual abilities. The second block is related to working conditions, the nature of relationships in production teams, reimbursement of labor costs, opportunities for human development in the process of labor activity. Material published on http: // site

Types of social and labor relations

Types of social and labor relations characterize the psychological, data and legal forms of relationships in the process of labor activity. Material published on http: // site

There are the following types of social and labor relations according to organizational forms

Paternalism characterized by a significant degree of regulation of social and labor relations by the state or the management of the enterprise. It is worth noting that it is carried out under the guise of "paternal care" of the state for the needs of the population or the administration of the enterprise for its employees. The former USSR can serve as an example of state paternalism.

partnership most characteristic of Germany. The economy of the ϶ᴛᴏth country is based on a system of detailed legal documents, in ϲᴏᴏᴛʙᴇᴛϲᴛʙand with them, employees, entrepreneurs and the state are considered as partners in solving economic and social problems. With ϶ᴛᴏm, trade unions act from the standpoint of not only protecting the interests of hired personnel, but also the efficiency of production at enterprises and the national economy as a whole.

Competition between people or teams can also help achieve synergies. In particular, experience shows the effectiveness of rationally organized competition between design teams.

Solidarity implies a common responsibility and mutual assistance based on the common interests of a group of people.

Subsidiarity means a person's desire for personal responsibility for achieving ϲʙᴏ their goals and ϲʙᴏ and actions in solving social and labor problems. Subsidiarity can be considered as opposed to paternalism. If a person enters into a professional or other union to achieve these goals, then subsidiarity can be realized in the form of solidarity. With ϶ᴛᴏm, a person acts in solidarity with the full consciousness of ϲʙᴏ their goals and ϲʙᴏ her personal responsibility, not succumbing to the crowd.

Discrimination- ϶ᴛᴏ based on arbitrariness, illegal restriction of the rights of subjects of social and labor relations. Discrimination violates the principles of equality of opportunity in the labor market, discrimination can be based on gender, age, race, nationality and other grounds. Manifestations of discrimination are possible when choosing a profession and entering educational institutions, career advancement, provision of company services to employees, and dismissal.

Conflict will be an extreme expression of the contradictions in social and labor relations. The most obvious forms of labor conflicts will be labor disputes, strikes, mass layoffs (lockouts)

By the nature of the impact on the results of economic activity

By the nature of the impact on the results of economic activity and the quality of life of people, social and labor relations are of two types:

• constructive, contributing to the successful operation of the enterprise and society;
• destructive, interfering with the successful operation of the enterprise and society.

Constructive there may be a relationship of either cooperation, mutual assistance, or competition, organized in such a way as to contribute to the achievement of positive results.

destructive relationships arise when the general orientation of the interests of employees and social groups does not match the goals of the enterprise. The interests of the company's employees may differ in a number of ways: psychophysiological parameters (gender, age, health, temperament, ability level, etc.); nationality, marital status; education; attitude towards religion; social status; political orientation; income level; profession, etc.

In itself, the difference in employees of the enterprise according to these and other characteristics does not necessarily lead to destructive relationships. There are many examples of effective cooperation of various people.
It is worth noting that the main condition for such cooperation will be the presence of unifying situations or ideas, before which individual and group differences become insignificant.

Uniting Situations- ϶ᴛᴏ war, natural disaster, ecological catastrophe, the need to preserve (survival) of the enterprise in competition, fear of unemployment. Unifying ideas can be religious, socio-political, scientific, etc.

The constructive interaction of the employees of the enterprise is based on the authority of the managers, the system of lifetime employment, high income level, rational management style, psychological atmosphere in the team.

The effectiveness of the personnel management system depends on taking into account the differences in the characteristics and interests of employees. In particular, it is extremely important to take into account the peculiarities of the work of women, people of retirement age, the disabled and young people. Religious feelings and national customs must be respected. When developing a regime of work and rest, motivation and payment systems, one should take into account the peculiarities of creative work, the marital status of employees, and conditions for improving the skills of employees.

To the number the most important social relationshipsᴏᴛʜᴏϲᴙ relationships between leaders and subordinates. In Russia, the economy has functioned for decades on the basis of administrative methods, or rather, simply on the fear of subordinates before their superiors. It must be remembered that such relationships were especially frank between leaders at various levels.

The experience of developed countries shows that partnership relations are more effective than relations based on administrative coercion. Significant disparity can be anything, but at work, all employees should feel like partners.

State regulation of social and labor relations

Control functions social and labor relations at the state level in the Russian Federation implements a set of legislative, executive and judicial authorities. This set forms the system of state regulation of social and labor relations.

The tasks of the system of state regulation of social and labor relations:

• legislative activity in labor and related fields;
• control over the implementation of laws;
• development and implementation of policies and recommendations in the field of social and labor relations in the country (including issues of remuneration and motivation, regulation of employment and migration of the population, living standards, working conditions, conflict situations, etc.)

Legislative regulation of social and labor relations

Do not forget that it will be important to say that in a market economy, state regulation of labor relations is limited and aimed at providing citizens with social guarantees. This is expressed, first of all, in the establishment of boundaries with the help of normative legal acts, within the framework of which the subjects of social and labor relations should act.

Such regulatory legal acts include labor legislation, pension legislation, regulations on the protection of social and labor rights of certain categories of citizens, etc.

The objectives of labor law will be:

• establishment of state guarantees of labor rights and freedom of citizens;
• creation of favorable working conditions;
• protection of the rights and interests of employees and employers.

Legislation in the field of regulation of social and labor relations is carried out at the federal and regional levels.

The state also develops and implements a number of short-term, medium-term and long-term programs in order to resolve individual issues that lie in the socio-economic plane. It must be remembered that such programs are also divided into federal designed to solve problems on a national scale, regional related to the specifics of individual territories and sectoral, aimed at solving the problems of individual industries.

In the Russian Federation, the mechanism of state regulation of labor relations involves three branches of government: legislative, executive and judicial.

Legislature provides a legal framework for the regulation of labor relations. At the federal level, the legislative power in Russia is represented by the Federal Assembly, which consists of two chambers: the Federation Council (upper house) and the State Duma (lower house)

executive branch designed to enforce laws. At the federal level, the executive body will be the Government of the Russian Federation, formed by the President of the Russian Federation. The activities of the Government cover all spheres of life in modern Russian society and are regulated by the governing federal and sectoral ministries. Before the administrative reform of 2004, the Ministry of Labor and Social Relations of the Russian Federation (Ministry of Labor) dealt with the regulation of social and labor relations

Judicial branch carries out regulation in the field of social and labor relations at the level of administration of justice, which consists in punishing violators, resolving problems and conflicts related to the application of labor legislation. The judiciary is represented by a system of courts at various levels, as well as the Ministry of Justice. The Ministry of Justice is involved in the formation and implementation of state policy, incl. in the field of social and labor relations.

Models of state regulation of social and labor relations

There are two main models of state regulation of social and labor relations:

• Anglo-Saxon;
• European (Rhine)

Anglo-Saxon model practiced in the USA, Great Britain, Taiwan and some other countries.
It should be noted that the main features of this model are that the state considers employers and employees as equal market players and implements the functions of maintaining the elements necessary for the market, such as competition, limiting monopolies, creating a regulatory framework, etc. European model is based on the assumption that workers are dependent on employers and need support and protection from the state in the form of a sufficiently high minimum wage, social and medical insurance, and the presence of state bodies that protect the interests of workers.

CHAPTER 3. SOCIAL AND LABOR RELATIONS. LABOR MARKET. HUMAN RESOURCE MANAGEMENT SYSTEM

3.1 The structure of social relations in the world of work

Social and labor relations, their types

Social and labor relations characterize the economic, psychological and legal aspects of the relationships between individuals and social groups in the processes caused by labor activity.
Types of social and labor relations are shown in Figure 61.

Rice. 61. Social and labor relations in the sphere of labor

The analysis of social and labor relations is usually carried out in three directions: subjects; items; types.
The subjects of social and labor relations are individuals or social groups. For the modern economy, the most important subjects of the relations under consideration are: the employee, the union of employees (trade union), the employer, the union of employers, the state.
hired worker- this is a person who has concluded an employment contract with a representative of an enterprise, public organization or state.
Employer is a person who hires one or more workers to perform work. The employer may be the owner of the means of production or his representative. In particular, the employer is the head of a state-owned enterprise, who, in turn, is an employee in relation to the state.
A trade union is created to protect the economic interests of employees or freelancers in a particular field of activity. The most important areas of activity of trade unions are: employment, conditions and wages.
There are the following types of social and labor relations:
1) Paternalism is characterized by a significant degree of regulation of social and labor relations by the state or the management of the enterprise.
2) Partnership is most characteristic of Germany. The economy of this country is based on a system of detailed legal documents, according to which employees, entrepreneurs and the state are considered as partners in solving economic and social problems. At the same time, trade unions act from the standpoint of not only protecting the interests of hired personnel, but also the efficiency of production at enterprises and the national economy as a whole. Partnership relations ensure the achievement of a synergistic effect from the coordinated activities of people and social groups.
3) Competition between people or teams can also contribute to achieving synergies. In particular, experience shows the effectiveness of rationally organized competition between design teams.
4) Solidarity implies a common responsibility and mutual assistance based on the common interests of a group of people. Most often they talk about the solidarity of trade union members in defending the interests of hired personnel. Solidarity is also shown by members of employers' unions, as well as members of other unions.
5) Subsidiarity means a person's desire for personal responsibility for achieving their goals and their actions in solving social and labor problems. Subsidiarity can be seen as the opposite of paternalism. If a person, in order to achieve his goals, enters into a professional or other union, then subsidiarity can be realized in the form of solidarity. At the same time, a person acts in solidarity with full consciousness of his goals and his personal responsibility, not succumbing to the influence of the crowd.
6) Discrimination is based on arbitrariness, illegal restriction of the rights of subjects of social and labor relations. Discrimination violates the principles of equality of opportunity in labor markets. Discrimination can be based on gender, age, race, nationality, confession and other grounds. Manifestations of discrimination are possible in the choice of a profession and admission to educational institutions, promotion, remuneration, provision of company services to employees, dismissal.
Fundamentals of professional ethics. Relationship between ethics and economics.
Prevention of deviant behavior at the enterprise

The practical implementation of the principles of ethics should be carried out taking into account the characteristics of various types of human activity. Proceeding from this, problems of medical ethics, engineering ethics, ethics of managers, bankers, ethics in the field of marketing, etc. are developed. However, the specifics of the types of work should not overshadow the priority of fundamental ethical principles. Essentially, "industry" codes of ethics express these general principles in terms of professional languages. So, the main postulate of the Hippocratic oath “Do no harm” applies not only to medicine, but also to all types of human activity.
Ways to prevent deviant behavior in the enterprise are shown in Figure 62.

Fig.62. Measures to prevent deviant behavior

Differences in ethical codes are primarily due to the goals of the respective works. So, engineers strive primarily to ensure the reliability and safety of technical means, economists - to increase the competitiveness of enterprises, etc. The goals of engineers and economists do not always coincide. One of the most authoritative specialists in professional ethics, the German philosopher G. Lenk, illustrates the differences between these goals on the example of the disaster of the American spacecraft Challenger in 1986, when “73 seconds after the launch from Cape Canaveral, the ship exploded and seven astronauts died. The immediate cause of the disaster was the rupture of the rubber sealing ring. As engineers at Morton Tyekol, the rocket manufacturer, expected and warned, the rubber crumbled as it could not withstand the low temperatures. The day before the launch, engineers, most famously Alan McDonald, the head of the project, and Roger Boijoli, a leading expert on sealing rings in rocket science, warned of a possible catastrophe and protested against the rushed launch of the rocket the next day. They informed NASA of the danger that the rubber rings might not withstand temperatures below freezing. They were joined by Robert Lund, director of engineering at the rocket company, who in turn briefed Jerry Mason, chief engineer of the same firm. However, Mason persuaded Lund to keep quiet by ending the debate with him with "Take off your engineering hat and put on your manager's hat." Lund relented and gave his consent to the launch, of which he notified the head of NASA; he, for his part, allowed the launch, without mentioning the expressed doubts. The result was a disaster."

Theoretical foundations and prerequisites for social partnership.
Forms of relationship between employers and employees

Social partnership- this is an ideology, forms and methods of coordinating the interests of social groups to ensure their constructive interaction. The stability of the social system and the efficiency of the market economy depend primarily on the nature of the relationship between entrepreneurs and employees.
The problems of social partnership are usually considered on the basis of the post-war experience of the countries of Western Europe, especially the FRG. However, the basic ideas of reconciling the interests of capitalists and workers were formulated much earlier.
To understand the essence of social partnership, it is necessary to proceed from the history of relationships between the main classes of social systems. For millennia, these were serfs - feudal lords, workers - capitalists). Slave uprisings, peasant wars, and social revolutions are among the most important events in world history. Only from the second half of the XX century. in developed countries, attempts to forcibly change the social order have ceased.
To resolve social conflicts in the scientific literature, two fundamentally different methods were proposed:

1. the destruction of private ownership of the means of production, state management of enterprises;
2. coordination of interests of owners and employees.

The first path is most consistently expressed by the Marxists, who proceed from the irreconcilability of the interests of capitalists and workers. This was constantly emphasized even in the terminology. Thus, in the preface to the third edition of Capital, F. Engels wrote indignantly that the terms Arbeitgeber (employer) and Arbeitnehmer (job taker) used in German-language economic literature disguise relations of exploitation.
The possibilities of coordinating class interests were discussed in the works of authors of various political orientations: socialists, utopians, liberals, Christian socialists, etc.
One of the first works devoted to the essence and conditions of social consent is the “Social Contract” by J.J. Rousseau. This treatise, published in 1762, deals with a society based on laws before which all are equal and which preserve the personal freedom of every citizen. According to Rousseau, perfect legislation cannot be created as a result of the struggle of parties, members of society can only speak on their own behalf, laws are adopted as a result of a plebiscite, the state should be small in territory (example - Switzerland). An important condition for the functioning of the social contract is a high level of civil maturity of the population. The role of legislation was emphasized by many of Rousseau's contemporaries. In particular, F. Quesnay believed that not people, but laws should govern the state.