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The legal framework for regulation and legal instruments for resolving labor conflicts are the norms of the current labor legislation. Strike as a social conflict

A strike is an extreme form labor conflict. A strike is a temporary voluntary refusal of workers to perform labor duties (in whole or in part) in order to resolve a collective labor dispute. Strikes are a type of intergroup labor conflict, consisting in the cessation or reduction of work, production, provision of services with the advancement of demands of an economic, social or political nature. The peculiarity of a strike as a conflict is: the massive nature of the participation of workers in it, the presence of management bodies, the significant impact of the strike on those against whom it is directed, the complexity of the process of finding a solution to the problem due to the massive participation of workers, the risk of involving other industry entities (industries) in the strike. production. Strikes are divided into: warning, general, full, partial; urgent, unlimited; fighting for rights and speaking out in solidarity.

Not all types of strikes are legal. (Article 55 of the Constitution of the Russian Federation, Article 413 of the Labor Code of the Russian Federation, Articles 9-17 of the Law "On the procedure for resolving collective labor disputes(conflicts)").

The legal framework for regulation and legal instruments for resolving labor conflicts are the norms of the current labor legislation.

Today, the development of the regulatory legal framework for regulating collective labor disputes is of particular importance for the processes of coordinating the positions of interests of workers and employers. Currently, the Russian Federation has created a fairly solid legal framework for regulating the activities of the parties to a collective labor dispute, which has absorbed not only the national experience of past years, but also the experience of foreign countries in this area. The legislation also takes into account the rules established by ILO Recommendation No. 92 on voluntary conciliation and arbitration (1951).

The functioning of the system for resolving labor disputes is ensured by: the Labor Code of the Russian Federation, the Code of the Russian Federation on Administrative Offenses, Federal Law dated November 23, 1995 No. 175-FZ “On the procedure for resolving collective labor disputes” (as amended and supplemented), Law of the Russian Federation dated March 11. 1992 No. 2490-I “On collective contracts and agreements” (as amended and additionally), Federal Law of January 12, 1996 No. 10-FZ “On trade unions, their rights and guarantees of activity” (as amended and additionally) , Federal Law of 01.05.1999 No. 92-FZ “On the Russian Tripartite Commission for the Regulation of Social and Labor Relations” and other regulatory legal acts aimed at both preventing and resolving disagreements during collective bargaining and labor disputes.

The Labor Code of the Russian Federation has provided a new legal basis for the comprehensive regulation of relations in one of the most important spheres of public life - labor. The main provisions of the legislation affect the interests of every employee and employer. The Code shows a certain continuity with the previously existing Code of Labor Laws (Labor Code of the Russian Federation) both in structure and content (many provisions of the Labor Code in one form or another were transferred to the new labor legislation).

The Labor Code (Article 381) establishes the concept of an individual labor dispute. The second part of this article also states that an individual labor dispute will be a dispute between an employer and a person who had an employment relationship with this employer, as well as a person who has expressed a desire to conclude an employment contract with the employer, if the latter refuses to conclude such an agreement. In the previously given concept, all those indicated in the second part of Art. 381 persons are subjects of labor law, since a dismissed employee is a subject of legal relations in a labor dispute about. reinstatement at work, and the person appealing the refusal to hire is also a subject of the legal relationship regarding employment.

Article 37 of the Constitution of the Russian Federation recognizes the right to individual and collective labor disputes using established federal law ways to resolve them, including the right to strike. Article 46 of the Constitution of the Russian Federation provides that everyone is guaranteed judicial protection of their rights and freedoms, that decisions and actions (inaction) of bodies and officials can be appealed to the court. These provisions of the Constitution of the Russian Federation are the basis for the procedure for resolving all labor disputes.

Introduction

Formation of labor legislation: the concept of a strike

The procedure for declaring a strike and the process of carrying it out

The role of trade unions in organizing a strike

Conclusion

List of used literature

Introduction

A market economy is impossible without the use of human labor. This is an axiom, however, we have to admit that, being carried away by purely economic categories, modern Russian politicians and entrepreneurs often forget about this.

Problems of ownership, organizational - legal forms entrepreneurship, investment, profit, taxes. Of course, all these are very important elements of a market economy, but it cannot exist without the labor market, in which such a specific “good” as labor power and human abilities for one type of labor or another are bought and sold. Everything else is derived from this. Misunderstanding of this rather simple thing creates the basis for social conflicts in the main sphere of human activity.

Leading role in regulation public relations(including in the sphere of labor) belongs to law. The Constitution of the Russian Federation of 1993, being the basis for the development and improvement of all Russian legislation, enshrines a wide range of rights and freedoms of man and citizen.

The Constitution of the Russian Federation, having proclaimed our country a social and legal state, secured the right of citizens to individual and collective labor disputes using the methods established by law for their resolution, including the right to strike. Labor legislation develops constitutional provisions and creates a legal mechanism for resolving labor disputes - individual and collective.

The interests of the employer and the employee he hires do not always coincide, so a clash of these interests is possible at any stage of the labor relationship, which, in turn, leads to conflicts.

Labor conflicts between the parties to labor relations, which are the employer and the employee, can arise for a variety of reasons, reasons and at any stage of the labor relationship. They may precede these relationships or replace them.

One way, one might say the last resort, to resolve them is a strike.

The purpose of this work is to characterize the strike and identify the role of trade unions in its organization.

To achieve the goal, we will set a number of tasks, such as:

· Study and describe the concept of “strike”;

· Study and systematize the order of its announcement and the process of conducting it;

· Identify and describe what role trade unions play in its organization.

1. Formation of labor legislation: the concept of a strike

Labor legislation in Tsarist Russia emerged as a result of the strike struggle of the working class. Not a single labor law, either in Tsarist Russia or in foreign countries at the end of the 19th and beginning of the 20th centuries, was issued without the strike struggle of the working people.

Of course, under the influence of scientific and technological progress, under the influence of the labor movement, the modern employer is also restructuring, becoming more flexible, taking into account all factors.

The right to strike was enshrined in legislation under the pressure of the labor movement. Since the end of the 18th century. The legislation, speaking about strikes, only prohibited them. In the second half of the 19th century. under the pressure of the growing strike movement, this prohibitive legislation is gradually softened. The working class demanded legal recognition of the right to strike.

The Soviet Union ratified in 1974 International Covenant on Economic, Social and Cultural Rights , according to which the states that have adopted it undertake to ensure the right to strike in accordance with the legislation of the country regulating it. But the law regulating strikes was adopted in our country only 15 years after the ratification of the said Pact, since until 1989, Soviet labor legislation did not regulate the procedure for resolving collective labor disputes, since ownership of the means of production belonged to the state and collective labor disputes rarely arose. The establishment of market relations in the country required radical changes in the regulation of labor relations. The wave of miners' strikes that swept across many regions in the late 80s and early 90s became a serious impetus to accelerate this process. The formation of a system for regulating labor relations and disputes began with the USSR laws “On the procedure for resolving individual labor disputes” (March) and “On the procedure for resolving collective labor disputes (conflicts)” (May) adopted in 1991.

But the practice of applying this Law immediately showed its shortcomings, since it did not provide for the responsibility of enterprise managers for allowing collective labor disputes, evading the established procedure for resolving them, and the responsibility of organizers of illegal strikes. Therefore, additions and changes were made to this USSR Law of 1991 and it was in force in the Russian Federation as amended on May 20, 1991 until the adoption of the Russian Federal Law on October 20, 1995. On the procedure for resolving collective labor disputes , Article 26 of which is declared invalid in the Russian Federation by the Law of the USSR On the procedure for resolving collective labor disputes (conflicts) .

USSR Law of October 9, 1989 On the procedure for resolving collective labor disputes (conflicts) established a certain two-stage peaceful procedure for resolving collective labor disputes: first in the conciliation commission, and if this dispute is not resolved - in labor arbitration, formed by the disputing parties themselves, but in different order. This union law, for the first time in our country, enshrined in legislation the right of labor collectives that have not resolved a collective dispute peacefully to strike and provided for the procedure for declaring a strike. For a long time, until the end of the 80s, our state did not regulate issues related to strikes. Strikes were neither allowed nor prohibited; it was as if they did not exist. Only in 1989, after mass strikes occurred in the regions where coal mines are concentrated, the issue of the need for their legal regulation was put on the agenda. A draft law “On the procedure for resolving collective labor disputes (conflicts)” was submitted to the Supreme Soviet of the USSR, which was hastily considered and adopted. Thus, since August 1989, the USSR began to recognize the existence of strikes, and also regulated the procedure for their conduct in connection with the resolution of collective labor disputes. After long discussions and disputes related to the discussion in the State Duma of the draft federal law “On the procedure for resolving collective labor disputes” (hereinafter referred to as the Federal Law of November 23, 1995), on November 23, 1995, this Law was signed by the President of the Russian Federation. In connection with its adoption, the previously existing USSR Law of 1989 with amendments and additions made in 1991 became invalid. Thus, the law of the Russian Federation established the right to strike as one of the ways to resolve a collective labor dispute.

An important step regarding strikes was made after the adoption of the 1993 Constitution. Part 4 of Article 37 of the Constitution of the Russian Federation, dedicated to the regulation of strikes, states: “The right to individual and collective labor disputes is recognized using the methods for resolving them established by federal law, including the right to strike.”

Currently, the Russian Federation has created a solid legal framework for resolving labor conflicts, taking into account national and world experience in this area, as well as the position of the ILO, formulated, in particular, in Recommendation No. 92 (1951) on voluntary conciliation and arbitration.

July The State Duma adopted the new Labor Code in the first reading. The issues of resolving collective labor disputes are set out in detail in Chapter 61 of the Labor Code of the Russian Federation, but although some of its provisions duplicate the articles of the previous Federal Law, there is something that did not exist before. First of all, the basic concepts of a collective labor dispute are defined. If previously it was interpreted as unresolved disagreements between employees and employers regarding working conditions, conclusion, amendment and implementation of collective agreements and agreements on issues of social and labor relations, now a collective labor dispute can also arise if the employer, accepting for his own The organization's acts containing labor law standards refuse to take into account the opinion of the elected representative body of workers.

The changes also affected the procedure for making demands. As before, employees and their representatives have these rights, only now the demands put forward must be approved at the appropriate meeting, and not in the manner established by the charter of the representative body, as was before.

Thus, the Labor Code of the Russian Federation<#"justify">2. The procedure for declaring a strike and the process of carrying it out

In accordance with Article 37 of the Constitution of the Russian Federation, the right of workers to strike is recognized as a way to resolve a collective labor dispute.

If conciliation procedures do not lead to the resolution of a collective labor dispute or the employer evades conciliation procedures or does not fulfill the agreement reached during the resolution of a collective labor dispute, then employees or their representatives have the right to begin organizing a strike.

Participation in the strike is voluntary. No one can be forced to participate or refuse to participate in a strike.

Persons who force workers to participate or refuse to participate in a strike bear disciplinary, administrative, and criminal liability in the manner established by this Code and other federal laws.

Representatives of the employer do not have the right to organize a strike or take part in it.

The decision to declare a strike is made by a meeting (conference) of employees of the organization (branch, representative office, other separate structural unit) at the proposal of a representative body of workers, previously authorized by workers to resolve a collective labor dispute. The decision to declare a strike, made by a trade union (association of trade unions), is approved for each organization by a meeting (conference) of workers of this organization.

A meeting (conference) of employees is considered valid if at least two-thirds of the total number of employees (conference delegates) is present.

The employer is obliged to provide premises and create the necessary conditions to hold a meeting (conference) of employees and has no right to interfere with its holding.

The decision is considered adopted if at least half of the employees present at the meeting (conference) vote for it. If it is impossible to hold a meeting (conference) of workers, the representative body of workers has the right to approve its decision by collecting the signatures of more than half of the workers in support of the strike.

After five calendar days of work by the conciliation commission, a one-hour warning strike may be declared once, of which the employer must be notified in writing no later than three working days in advance.

When conducting a warning strike, the body leading it provides the minimum necessary work (services) in accordance with this Code.

The employer must be notified in writing of the start of the upcoming strike no later than ten calendar days in advance.

The decision to declare a strike shall indicate:

a list of disagreements between the parties to a collective labor dispute, which are the basis for declaring and conducting a strike;

date and time of the start of the strike, its expected duration and expected number of participants;

the name of the body leading the strike, the composition of employee representatives authorized to participate in conciliation procedures;

proposals for the minimum necessary work (services) performed in an organization, branch, representative office, or other separate structural unit during the strike.

The employer warns the Service for Settlement of Collective Labor Disputes about the upcoming strike.

The strike is led by a representative body of workers. The body leading the strike has the right to convene meetings (conferences) of workers, receive information from the employer on issues affecting the interests of workers, and attract specialists to prepare opinions on controversial issues.

The body leading the strike has the right to suspend the strike. To resume a strike, a reconsideration of the dispute by a conciliation commission or labor arbitration is not required. The employer and the Service for Settlement of Collective Labor Disputes must be notified of the resumption of the strike no later than three working days in advance.

During the strike, the parties to a collective labor dispute are obliged to continue resolving this dispute through conciliation procedures.

The employer, executive authorities, local government bodies and the body leading the strike are obliged to take measures depending on them to ensure public order during the strike, the safety of the property of the organization (branch, representative office, other separate structural unit) and workers, as well as the operation of machines and equipment, the shutdown of which poses a direct threat to human life and health.

A list of the minimum required work (services) in organizations, branches, representative offices, the activities of which are related to the safety of people, ensuring their health and vital interests of society, in each sector (sub-sector) of the economy is developed and approved by the federal executive body, which is entrusted with coordination and regulation of activities in the relevant sector (sub-sector) of the economy, in agreement with the relevant all-Russian trade union. If there are several all-Russian trade unions operating in a sector (sub-sector) of the economy, the list of the minimum required work (services) is approved in agreement with all all-Russian trade unions operating in the sector (sub-sector) of the economy. The procedure for developing and approving the list of minimum required works (services) is determined by the Government of the Russian Federation.

The executive body of the constituent entity of the Russian Federation, on the basis of lists of the minimum necessary work (services), developed and approved by the relevant federal executive authorities, develops and approves, in agreement with the relevant territorial associations of trade union organizations (associations of trade unions), regional lists of the minimum necessary work (services) , specifying the content and determining the procedure for applying federal sectoral lists of the minimum required work (services) on the territory of the corresponding constituent entity of the Russian Federation.

The minimum required work (services) in an organization, branch, or representative office is determined by agreement of the parties to a collective labor dispute together with the local government body on the basis of lists of the minimum necessary work (services) within five days from the date of the decision to declare a strike. The inclusion of a type of work (service) in the minimum required work (service) must be motivated by the likelihood of causing harm to health or a threat to the lives of citizens. The minimum required work (services) in an organization, branch, or representative office cannot include work (services) that are not provided for in the relevant lists of the minimum necessary work (services).

If an agreement is not reached, the minimum required work (services) in the organization (branch, representative office) is established by the executive authority of the constituent entity of the Russian Federation.

The decision of this body, establishing the minimum required work (services) in an organization, branch, representative office, can be appealed by the parties to a collective labor dispute in court.

If the minimum required work (services) is not provided, the strike may be declared illegal.

In addition, it should be noted that, in accordance with Article 55 of the Constitution of the Russian Federation, strikes are illegal and are not allowed:

a) during periods of martial law or a state of emergency or special measures in accordance with the legislation on a state of emergency; in bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense, state security, emergency rescue, search and rescue, fire fighting, prevention or liquidation natural Disasters And emergency situations; in law enforcement agencies; in organizations directly servicing particularly dangerous types of production or equipment, at ambulance and emergency stations medical care;

b) in organizations related to ensuring the livelihoods of the population (energy supply, heating and heat supply, water supply, gas supply, aviation, rail and water transport, communications, hospitals), if the conduct of strikes poses a threat to the defense of the country and the security of the state, life and people's health.

The right to strike may be limited by federal law.

A strike in the presence of a collective labor dispute is illegal if it was declared without taking into account the deadlines, procedures and requirements provided for by this Code.

The decision to declare a strike illegal is made by the supreme courts of the republics, regional, regional courts, courts of federal cities, courts of the autonomous region and autonomous districts at the request of the employer or prosecutor.

The court decision is brought to the attention of workers through the body leading the strike, which is obliged to immediately inform the strike participants about the court decision.

A court decision declaring a strike illegal, which has entered into legal force, is subject to immediate execution. Workers are obliged to stop the strike and begin work no later than the next day after delivering a copy of the said court decision to the body leading the strike.

If an immediate threat is created to the life and health of people, the court has the right to postpone a strike that has not started for up to 30 days, and suspend a strike that has started for the same period.

In cases where a strike cannot be carried out in accordance with parts one and two of this article, a decision on a collective labor dispute is made by the Government of the Russian Federation within ten days.

An employee’s participation in a strike cannot be considered a violation labor discipline and grounds for termination employment contract, with the exception of cases of failure to fulfill the obligation to stop a strike in accordance with part six of Article 413 of the Labor Code of the Russian Federation.

It is prohibited to apply disciplinary measures to employees participating in a strike, except for the cases provided for in part six of Article 413 of the Labor Code of the Russian Federation.

During the strike, the workers participating in it retain their place of work and position.

The employer has the right not to pay workers wages during their participation in the strike, with the exception of workers engaged in performing a mandatory minimum of work (services).

A collective agreement, agreement or agreements reached during the resolution of a collective labor dispute may provide for compensation payments to employees participating in a strike.

Employees who are not participating in the strike, but due to the strike were not able to perform their work and who have declared in writing the start of downtime due to this, are paid for downtime through no fault of the employee in the manner and in the amounts provided for by this Code. The employer has the right to transfer these employees to another job in the manner prescribed by this Code.

A collective agreement, agreement or agreements reached during the resolution of a collective labor dispute may provide for a more preferential procedure for payments to employees not participating in a strike than that provided for by this Code.

In the process of resolving a collective labor dispute, including a strike, a lockout is prohibited - the dismissal of workers at the initiative of the employer in connection with their participation in a collective labor dispute or in a strike.

3. The role of trade unions in organizing a strike

Once upon a time, trade unions in Soviet enterprises could be perceived mainly as one of the “branches of government” (along with the management itself and the party organization). The specificity of their function was perhaps their involvement in the distribution of certain material benefits among workers, but not in the protection of their labor rights and/or interests. Today, of course, trade unions have ceased to be perceived as an appendage of power, but, as our data show, they have not acquired much independent significance.

Since 1995, the FNPR has retained a leading role in both the strike and political trade union movements. The spiraling collective action movement in the spring of 1995 resulted in major protests twice. They were distinguished from previous mass actions carried out by the FNPR by their greater political overtones, radicalism of demands, and widespread participation political parties. All-Russian trade union actions on April 12 and May 1 in most regions were held under the political slogans of the resignation of the government and the president.

Already in January, many trade union organizations of workers in the forestry and local industries, healthcare, culture, and road transport began collecting signatures for early presidential elections and the resignation of the Russian government. From a formal point of view, neither one nor the other was feasible, since the mechanism of impeachment is not specified in Russian legislation and, therefore, it can only be achieved through illegitimate actions. On the other hand, given the pre-election situation, it seemed that the authorities deliberately pushed Russian trade unions to take more decisive action in order to announce the cancellation or postponement of the elections under the pretext of social instability in the country.

Nevertheless, experiencing pressure from below, the FNPR leadership decided to carry out unified all-Russian actions, but in official documents limit itself to repeating previously put forward economic demands. Member organizations were encouraged to independently decide on the issue of putting forward political demands. At the meeting of the Coordination Council of Collective Actions of the FNPR at the end of January, the question of a nationwide strike was raised. However, the survey showed that while they were in favor of holding mass actions, the majority of trade union organizations did not support the idea of a nationwide strike.

One of the indicators of this, and, in our opinion, a very important one, is the fact that of the number of working Russians who took part in a survey by the State Statistics Committee conducted in 2007, 62% are not members of a trade union. Only 23% of respondents (in the sample as a whole) are members of a trade union.

Two-thirds of Russians surveyed (67%) believe that enterprise management today does not take into account the opinion of trade unions in relations with their employees, and only 11% hold the opposite point of view. Trade union members assess the situation a little more optimistically: among them, approximately one in five (19%) believe that enterprise managers take into account the opinion of trade unions.

From the point of view of the majority of Russians (66%), employers today are in no way interested in the existence of trade unions, and only 14% of respondents believe that employers have such an interest. And again, trade union members see the situation in a rosier light than other respondents: the share of supporters of the second point of view in this group is already 24%. Moreover, it is characteristic that workers who are not members of a trade union say that employers are interested in this institution even less often than Russians as a whole (11%).

Perhaps not the most important, but perhaps the most noticeable aspect of the activities of trade unions for society are strikes at large enterprises. How are strikes perceived in the public consciousness today? The majority of respondents (64%) recognize a strike as an extreme, exceptional measure when workers defend their interests, and young people share this point of view more often than older people - 69% versus 59%, respectively.

Let us note that those who work do not differ in this regard from those who do not work. At the same time, labeling a strike as a “last resort” does not lead to condemnation of those who resort to this measure.

Almost half of Russians (48%) view strike participants as a whole with approval. Arguing your position in responses to the corresponding open question, respondents welcome the activity of people in defending their rights: “they defend their rights and interests”; "their right"; “for courage” (20% of respondents). The second most common argument is the appeal to the fact that today strikes are the only effective way to protect one’s rights: “How else can we achieve justice?”; " the only way defend your rights"; "there is no other way to solve problems" (13%).

Only 11% of Russians surveyed do not approve of the actions of those who participate in strikes, and their arguments can be divided into two groups of judgments expressing essentially opposite positions. Some believe that even strikes today are pointless (“nothing can be achieved with strikes”; “why is this necessary?”; “there is no point”), others believe that we must look for less conflicting ways (“there are other ways to achieve our goal”; “we must achieve this through negotiations "; "you can find another job if the conditions are not suitable for this one").

Let us note that both working and non-working Russians have similar attitudes towards strikes, although the latter may suffer rather than gain anything from such actions. At the same time, even among those who do not approve of strikes - and, as we have seen, they are a minority - only a few bring up the argument that such a defense by workers of their rights can disrupt the usual rhythm of life.

According to approximately half of Russians (54%), there are noticeably fewer strikes in Russia than there were 4-5 years ago. About half of those surveyed had also not heard of any strikes in their region or in other Russian regions. And even among those who know or have heard about them (32% of respondents), more than a third (12%) could not cite a single concrete example. Of the strikes that Russians remember, the most frequently mentioned were the protests of miners (7% of respondents) and workers of automobile enterprises (5%).

Experts do not dare to unequivocally assess the effectiveness of trade unions and strikes; a lot in this matter depends on the current situation and on the employer in particular. St. Petersburg and the Leningrad region are still considered the “cradle” of the modern organized labor movement.

Every year in this situation, trade unions become more and more united, an increasingly serious force, competent, very quickly eliminating uncertainties in their own activities. And today's trade unions have grown extraordinarily in this sense. Trade unions have very strong leaders. And we sometimes complain that among these leaders there are few young people, but these are, firstly, experienced people with very serious life experience. And, secondly, not everything depends on youth and young age. Our trade union leaders, even at the age they are today, have not lost their dynamism, fighting qualities, and ability to react.

trade union strike labor dispute

Conclusion

Strikes have become a reality of our time. If eight to ten years ago a strike seemed like an extraordinary event, over the past few years reports of these actions have been heard almost every day, and the number of people participating in them has been increasing.

Participation in strikes cannot be considered as a violation of labor discipline and grounds for termination of an employment contract (except for cases where a strike declared illegal by the court is not terminated, or a strike is started, postponed or suspended by the court). Participants in strikes retain their place of work and position for the duration of the strike.

The Labor Code not only establishes the right to strike, but also establishes guarantees for its implementation.

The procedure for declaring a strike has also changed compared to the Law. It must be said that the formation of the institution of law regulating collective labor disputes (conflicts) has come a long and difficult way - from a complete ban on collective actions of workers (with the introduction of criminal liability for participation in them) to the recognition of the right to strike at the interstate level.

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Strike like social conflict

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Pryamichkina L.V.

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Introduction

1. Conflicts

1.1 Historical sketch

1.2 Concept of conflict

1.3 Conflict environment

1.4 Participants in the conflict

2. Labor conflicts in the organization

2.1 Strikes

2.2 Classification of strikes

2.3 Prevention of strikes

2.4 Miners' strikes in the Urals

Bibliography

Applications

Introduction

Society as an integral entity is characterized by a complex system of relations - economic, social, political, moral, family, spiritual, etc. These relations are based on the needs and interests of people. If there are obstacles to the realization of these needs and interests, goals and expectations, this leads to an aggravation of contradictions between people, their social groups, gives rise to tension, crisis situations, conscious confrontation, and conflicts.

The peculiarity of social conflicts in current conditions is that they arise in a situation of total crisis, covering all spheres of social life, caused by the extreme aggravation of social contradictions and the predominance of forceful methods of resolving them, an increase in the proportion of spontaneous forms of manifestation of social discontent. All this has necessitated a theoretical study of problems associated with conflicts, the development of practical measures to manage conflicts, as well as predicting their occurrence and possible consequences. If the conciliation procedures of the conflict did not lead to the resolution of the labor dispute, the employer avoided participating in them or does not fulfill the conditions for the agreement, employees have the right to use all provided means to defend their interests, including a strike. Despite the fact that the strike movement at the present stage of the country’s development has arisen quite recently, research in this area already has a scientific history.

A special place among methodological approaches to resolving social conflicts is occupied by the views of L. Tolstoy with his theory of nonviolent action and the views of the Indian public figure, M. Gandhi, that coincide with them. Gandhi's main idea is to reorient the focus of the struggle from individuals to principles. He proposed ten basic principles for fighting or resolving social conflict, which are as follows:

Don't avoid confrontation.

Be open to communication.

Find a solution and move quickly towards it.

Treat your opponent, your adversary, as a potential ally.

Don't burn bridges.

Choose tactics that suit your goals.

Be flexible.

Know how to buy time.

Make informed decisions.

Be disciplined.

Know when to stop.

Analysis foreign literature in conflictology showed that in relation to our realities it can be used only to a small extent. The most significant obstacle is the sociocultural differences between the countries of Europe, North America and Russia

1 . Conflicts

1.1 Historical sketch

IN Soviet period labor conflicts occurred in one form or another throughout its entire history. Already in the first years of Soviet power, strikes were a reaction to the alienation of the means of production from workers in favor of the state, and the premise of strikes was the psychology of wage relations of the pre-revolutionary period. Of no small importance for the labor movement at that time was the relative independence of trade unions, which skillfully used the political struggle in the ruling party. And, besides, the process of forming a bureaucracy was just beginning at that time. The Trade Union Charter of 1923 provided for the right to strike. And even I.V. Stalin in 19928 allowed the possibility of a strike “as a means of struggle against the bureaucratic perversions of the apparatus.” By the thirties, under the harsh pressure of the state, the strike movement had faded away, and spontaneous protests of the collectivization era were brutally suppressed, like the later strike in Novocherkassk in 1962. Subsequently, the content of labor conflicts was determined primarily by socio-economic processes in society. Thus, in the second half of the 50s, there was a certain increase in the living standards of workers, which led to an aggravation of issues related to the distribution of social and material benefits. Therefore, it is not surprising that conflicts related to wages (rationing, tariffs, etc.) come first. Many sociologists are increasingly linking the processes of labor conflicts with socio-economic changes caused by reforms. Among them is late payment wages, and the growth of unemployment, and the phenomena that give rise to the most dangerous type of labor conflicts - strikes.

1.2 Concept of conflict

Today in the conflict literature there are a variety of definitions of conflict. Thus, in the West, the concept of conflict, formulated by the famous American theorist L. Coser, is widespread. By it he understands the struggle for values and claims to a certain status, power and resources, in which the enemy’s goals are to neutralize, damage or eliminate the opponent. This definition reveals the conflict to a greater extent from a sociological point of view, because its essence, according to the author, is the clash of values and interests of different social groups. IN Russian literature Most definitions of conflict are also sociological in nature. Their advantage lies in the fact that the authors highlight various necessary signs of social conflict, represented by diverse forms of confrontation between individuals and social communities aimed at achieving certain interests and goals. Here are some examples of conflict definitions:

L.G. Zdravomyslov: So, conflict is the most important aspect of interaction between people in society, a kind of cell of social existence. This is a form of relationship between potential or actual subjects of social action, the motivation of which is determined by opposing values and norms, interests and needs.

SOUTH. Zaprudsky: Social conflict is an explicit or hidden state of confrontation between objectively divergent interests, goals and trends in the development of social objects, a direct and indirect clash of social forces based on opposition to the existing social order, special shape historical movement towards a new social unity.

A.V. Dmitriev: Social conflict is usually understood as that type of confrontation in which the parties seek to seize territory or resources, threaten opposition individuals or groups, their property or culture in such a way that the struggle takes the form of attack or defense.

Socialconflict- this is a conscious collision, confrontation of at least two people, groups, their mutually opposing needs, interests, goals, relationships, attitudes, values that are essential for individuals and groups. In modern Russia, the nature of social conflicts is determined by market reforms, primarily the liberalization of prices for goods and services and the privatization of state property, which have given rise to a number of severe shocks for society. Each conflict is unique, which means that the relationships between people in the process of its development are also unique. One of the important types of social conflict is social-labor conflict - a specific type of relationship between participants in the labor process. The forms of social and labor conflicts include: meetings, rallies, demonstrations, picketing, strikes. Without a doubt, the extreme form of social protest is a strike. The relevance of the topic of the strike movement as a means of resolving social and labor conflicts is currently becoming increasingly acute in Russia. Social and labor conflicts that became the norm in Russia required the adoption of a number of legal documents. They were intended to serve to streamline and regulate the promotion, consideration and resolution of controversial issues that aggravate social tension. One of the first acts of this kind was the Decree of the President of the Russian Federation of November 15, 1991 “On social partnership and resolution of labor disputes.” In accordance with the decree, in particular, an annual conclusion was provided between the Government of Russia, representatives of federal associations of trade unions, as well as entrepreneurs. It was meant that the agreement would include the obligations of the parties in the field of employment, implementation of socio-economic programs, etc.

1.3 Conflict environment

The social environment represents the totality social conditions, in which confrontation between the parties arises and develops. The most general and fundamental factors in the social environment of conflict are the type of civilization, socio-economic living conditions and the socio-political structure of society. But the social environment of conflict also includes the entire sociocultural reality surrounding a person. Like any other, the social environment of conflict has important influence on its dynamics and methods of resolution. In a society in deep socio-economic and political crisis, all types of conflict will be powerfully influenced by this factor. In modern Russian society in 2000, according to an all-Russian sociological survey conducted by RNIS and NP. The problems causing the greatest concern to the population (in %) among social factors include the following:

* decrease in living standards (50.4%);

* uncertainty about tomorrow (27,9%);

* state of medical care (24.6%);

* lack of work or fear of losing it (20.5%);

* difficult economic situation of the country (decline in production, etc.) (19%);

* corruption, arbitrariness of officials (18.3%);

* crime, lack of confidence in one’s safety (16.2%). It can be said with a high degree of reliability that the improvement in the situation in social sphere people's lives will be promoted sharp decline level of conflict both at the level of the whole society and within the organization, at the interpersonal and intrapersonal levels.

1.4 Participants in the conflict

Another basic element of social conflict is its participants. Ultimately, the conflicts are always individuals with their own interests, goals and values. However public life is not limited to the interaction of individuals. In society there are various social groups, communities, peoples, political entities, legal entities etc., which can also act as participants in the confrontation. Thus, there can be a great variety of participants in the conflict, as well as the conflicts themselves.

2. Labor conflicts in the organization

Labor conflicts are a clash of interests and opinions, assessments between representatives of different groups regarding labor relations (conditions, content, organization of work and its remuneration).

Labor conflict in an organization is considered as:

1) a direct challenge to the internal order and stability of the work collective, allowing one to identify interests, disagreements, mutual claims and problems;

2) a way to regulate relationships, establish optimal order in the organization of production and labor relations;

3) a necessary stage in the development of the workforce.

Collective labor conflicts (disputes) are usually of two types:

1) conflicts arising in connection with the establishment and change of working conditions. They, in turn, are divided into disputes related to the conclusion or amendment of a previously concluded collective agreement, and disputes arising during the development of other regulatory assets or related changes in their content;

2) conflicts regarding the implementation of already concluded collective agreements and agreements. This type of collective labor conflicts should also include disputes (conflicts) that arise during the interpretation (interpretation) of the content of collective bargaining acts, since they arise in the process of their implementation, in the process of fulfilling the requirements contained in them. The subject of disputes related to this type of conflict can be not only labor problems and its conditions, but also various kinds of social and everyday problems associated, for example, with the establishment of benefits for a certain category of workers, etc. The economic situation in the country also affects the dynamics labor conflicts and their characteristics. If in the 80s socio-economic demands were mainly put forward, dictated by shortcomings in the level and quality of life, then at the turn of 1980-1990. political demands were added to them. Conflicts arose in teams of non-production organizations due to low wages and delays in their indexation. But later, the main arena of collective labor conflicts became industry and, first of all, the extractive industries of the fuel and energy complex. Thus, at the enterprises of this industry, 60% of all strikers in 1998 went on strike, which accounted for over 70% of all annual losses of working time. Representatives of the middle and higher education, healthcare, scientific institutions. Workers in mechanical engineering, manufacturing industries, transport, and aviation dispatchers were gradually involved in labor conflicts. At the same time, there were practically no labor conflicts at private enterprises12.

Today the main causes of labor conflicts are:

* delay in payment of wages;

* lack of wage indexation due to rising inflation;

* dissatisfaction with the level of wages;

* mutual non-payments between manufacturing enterprises and consumers;

* violations related to the implementation of labor legislation (violation of accepted obligations by an employee, violation of labor legislation by a manager, violation of collective agreements by both parties);

* systematic delays in budget allocations;

* deterioration of labor protection and increase in industrial injuries;

* disadvantages of informatization of communication between employees and managers of individual structural divisions.

2.1 Strikes

In the course of the ongoing discussion, two approaches to the concept of “strike” have emerged. According to the first, a strike should be considered any cessation of socially regulated activity caused by an external reason or internal opposition to its subjects. Another position comes from the position that the social protest of workers in production should not always be reduced to strikes, since there are various hidden forms of resistance to the unfair actions of the administration.

A strike is a social (labor) conflict, i.e. it expresses the need for renewal and change in existing life activities. It is a means of its reorganization. A strike can also be defined as a group, organized, public (as opposed to sabotage) and targeted impact on the production process and the temporary refusal of the subject to participate in regulated activities in order to satisfy the demands put forward by him. The subject of a strike can be a separate group, a work collective or an industry as a whole. A strike is one of the means of resolving collective labor (industrial) conflicts and workers defending their socio-economic interests. The term “industrial conflict” in Western countries is used as a synonym for the concept of “strike” and is used in the study in the same sense. In Russia, the term “labor conflict” is more common; a strike appears as one of the forms of such a conflict, consisting in a collective refusal to continue work under the same conditions in order to put pressure on managers or the government (strike - from Italian. Basta! - enough! Enough! ). Strikes (labor conflicts) can have different tensions: they either contribute to the preservation of the existing socio-economic system or destroy it. The strike has economic, socio-psychological and political aspects. In the economic aspect, its essence determines the relationship between the labor market and capital. The social aspect of labor conflicts is, first of all, the relationship between social groups and individuals. On the owner's side, it involves layers of entrepreneurs and managers, each of whom has a complex social structure. On the part of workers, conflicts also involve a far from homogeneous mass; their subjects are both an individual worker and a work collective (trade union). The socio-psychological aspect of labor conflicts is expressed in the behavior of people in a crisis situation. For one (owner, entrepreneur) this is the desire to maintain one’s social position even through the loss of certain values (loss of working time and products as a result of suspension of work); for others (workers) it is to change one’s social status. During the period of transition from economic to political demands, workers are gradually included in a different system of social relations. The political aspect of labor relations covers the area of relationship between the labor movement, the state and various political parties. If the state acts simultaneously as an owner (employer), as a mediator, and as a defender of interests, then the conflict with workers can develop into a global one, which is essentially what is happening now.

Strike- according to the definition of the federal law “On the procedure for resolving collective labor disputes” of October 20, 1995, “temporary voluntary refusal of workers to perform labor duties (in whole or in part) in order to resolve a collective labor dispute.” The right to strike is guaranteed by Art. 37 of the Constitution of the Russian Federation. . Participation in the strike is voluntary. No one can be forced to participate or refuse to participate in a strike. Representatives of the employer have no right to organize a strike or take part in it. The decision to declare a strike is made by a meeting (conference) of employees of an organization, branch, representative office or trade union organization, association of trade unions. The employer must be notified in writing of the start of the upcoming strike no later than ten calendar days in advance.

A strike poses a real tangible threat of losses on the part of those against whom it is directed, as it is fraught with a drop in productivity there, a decrease in the quality of goods and services provided, and the payment by entrepreneurs (employers) of fines and penalties to partners in economic relations, in cases of failure, deliveries within a predetermined time frame , loss of profit, etc. Such a threat of extremely undesirable and essentially ruinous and destructive consequences for the enterprise and industry is used by those who decide to go on strike as reinforcement of the demands they put forward, as a means of putting pressure on employers - owners, state authorities and local self-government. Another feature of the strike in modern conditions lies in the fact that it almost always has an organized character and fits within the framework of the labor legislation in force in the country. This is, as a rule, a pre-planned and well-prepared action, directed by a governing body - a strike or trade union committee, with its leaders relying on the support of the majority of strike participants, certain social movements, political parties and the media, and even factions regional legislative assemblies and the federal parliament. An important feature of the current strikes is the manifestation with particular severity of social tensions characteristic of a particular sector of the economy or region, the variety of forms conflict confrontation, including both passive resistance and spontaneous protest, and active coordinated actions. Most often, confrontation does not break out suddenly, not all at once, but grows gradually, acquiring more and more new and stringent demands.

2.2 Classification of strikes

Strikes are divided into:

Official and unofficial (unofficial are those that are kept silent about and not included in statistics - according to some estimates, up to 90 percent);

Legal and illegal. It is known that in a number of sectors of the economy and management any strikes are prohibited by law.

Symbolic strikes are short-term in nature and are used to test the readiness of a collective or social group for decisive action. This is, to some extent, a demonstration of determination to seriously aggravate relations.

During partial strikes, some part of the team goes on strike, connected by a single technological chain. For example, a mine produces coal but does not ship it to consumers.

A pulsating strike is when teams connected by a common technological chain stop work one by one. A unique form of a strike can be a reduction in the pace of work, work strictly according to the rules, absenteeism, a strike through dismissal, an occupation strike, or a strike in reverse.

By scale, strikes can be classified as:

Single, when one production team goes on strike;

Industry;

Nationwide.

As the experience of the world strike movement testifies, strikes are not uniform in the forms of their implementation. They can be divided into several types:

1) “regular strike” - workers stop production and leave their jobs. The production of various types of products is completely stopped;

2) “work according to the rules, or “Italian strike” - workers do not stop production, but, on the contrary, in the production process strictly follows all production rules, rules technical operation equipment, safety precautions, etc. Strict adherence to all these rules usually leads to one or another disruption in the work of enterprises, organizations, and institutions. Such strikes are not regulated by current legislation - they are outside legal regulation. It is almost impossible to make claims against workers who participate in such a strike;

3) “slowdown of work” - in comparison with a “regular strike” it is of a half-hearted nature: production does not stop completely, but only its volumes are reduced;

4) “pulsating strikes” - partial, short-term cessation of work by workers of the entire enterprise or by workers whose work is determined by one or another stage of production technology (repairmen, assemblers, turners, suppliers, etc.).

All these forms of strikes are widespread abroad. In Russia, “ordinary strikes” are most often carried out, but “Italian strikes” have already taken place. So, about the intention to “work according to the rules”, i.e. not to put faulty trains on the line, Moscow metro drivers once said, and drivers of one of the Lipetsk automobile enterprises, in response to restrictions on the rights of their trade union organization, refused to work on more or less faulty buses.

2.3 Prevention of strikes

A strike as, on the one hand, a type, and on the other, a method of resolving a collective labor conflict, is extremely undesirable not only for those categories of persons who are directly or indirectly involved in this process, but for the entire state. Ultimately, the costs associated with a strike, as a rule, turn out to be immeasurably higher than those demands that are satisfied as a result, not to mention the even greater “cost” of strikes that end in vain or are declared illegal in the prescribed manner. Therefore, preventing strikes is a very important task facing our society.

There are several possible ways to prevent strikes - one of the most unfavorable types of collective labor conflicts for society. Firstly, this is the creation of economic conditions that provide the opportunity to satisfy the material interests of groups participating in strikes by mobilizing their own efforts. Secondly, this is the creation of a working “negotiation mechanism” between the parties involved in the strike. The main focus here should be to find compromises between conflicting groups. It is necessary to clarify the demands of the strikers, seek compromises, explain the prospects, and turn the strikers into allies in eliminating the undesirable situation. In this regard, it is advisable to create a special service for regulating labor conflicts, which, by the way, is provided for in one of the options for the draft Fundamentals of Labor Legislation of the Russian Federation. Thirdly, it is advisable to adopt a more effective law on the regulation of collective labor conflicts and codify the rules governing the relations of labor collectives with employers. Fourthly, you need a notification about its duration no later than two weeks in advance. The administration immediately warns suppliers and consumers, transport organizations, as well as other interested enterprises, institutions, and organizations about the possibility of an upcoming strike. In most cases, methods for resolving both individual and collective labor conflicts are legal. However, this issue is not resolved unambiguously. For example, not every strike, being a means of resolving a collective labor conflict, can be considered legal. It is no secret that most strikes go beyond the scope of a collective labor conflict, often developing into acute social and sometimes political upheavals. There is no doubt that from the point of view of current legislation they should be recognized as illegal; in this case, the mechanism provided for in Art. 9--17 of the Law “On the Procedure for Resolving Collective Labor Disputes (Conflicts)”. However, it would be completely wrong to interpret questions about the legality or illegality of strikes too simplistically.

As is known, strikes are considered illegal:

a) for political reasons, including demands to change the constitutional system; convening, dissolving or changing the order of activity of supreme bodies of state power, resignation of their heads or heads of state and republics, as well as with demands entailing a violation of national and racial equality or a change in borders;

b) announced without following the procedures established by law.

Stopping work as a means of resolving a collective labor conflict is not allowed if it creates a threat to the life and health of people, as well as in enterprises and organizations of railway and urban public transport (including metro), civil aviation, communications, energy, defense industries (in divisions directly involved in the production of defense products), in government agencies, enterprises and organizations entrusted with the implementation of tasks to ensure the defense capability, law and order and security of the country, in continuously operating industries, the suspension of which is associated with serious and dangerous consequences.

Labor collectives of these enterprises and organizations or trade unions, after observing established conciliation procedures, have the right to apply for protection of their legal rights and interests to the President of the Russian Federation or the Prime Minister of the Russian Federation, other senior officials of the republic, who consider their demands and make appropriate decisions on them within a month term.

2.4 Miners' strikes in the Urals

The miners' strike, which spontaneously began on April 6, 1989 in Severouralsk, became the impetus for the development of the independent trade union movement in Russia. The participants themselves in those events 14 years ago claim that the beginning of the miners' protests marked a change in the political system in Russia.

The entire SUBR workforce - 10 thousand people - took part in the first strike at the Severouralsk bauxite mine. Following the Kuzbass miners, the miners of Severouralsk spontaneously suspended work and demanded that the employer conclude the first employment contract. The independent trade union of miners, created at SUBR, advocated for a reduction in work shifts, an increase in leave and wages of miners by 2 times. 3.5 thousand people employed in underground work refused to leave the mine and go to the surface. The second powerful miners' strike began during the coup in 1991. This time the protest of the miners was exclusively political in nature - the miners supported Boris Yeltsin, demanding that the activists of the State Emergency Committee immediately dissolve themselves. Immediately after SUBR became part of the Siberian-Ural Aluminum Company (2001), the trade union movement at the mine began to gradually be eliminated. At the moment, the leaders of both SUBR trade unions - NPG (independent trade union of miners) and FNPR (Federation of Independent Trade Unions of Russia) have resigned from the enterprise. Immediately after the weakening of the trade union movement at SUBRA, serious tightening of the screws began. The legendary labor contract, the conclusion of which the miners managed to achieve in 1989, has today been revised in many respects not in favor of the workers. For two years in a row, rumors have been circulating at SUBR about the possible closure of the mine. The city employment service of Severouralsk has already received documents for the massive layoff of miners during 2004-2005. In total, more than 1,000 people will be laid off at SUBR. This year, the miners of the Red Cap mine (part of OJSC SUBR) went on strike from March 26 to April 4, demanding an increase in wages, the cancellation of planned Saturdays and the adoption of a collective agreement. The largest protest action in the Middle Urals over the past three years has received an international response. The international trade union movement was informed about a mass strike at the Severouralsk bauxite mine, in which 6,000 miners took part.

Conclusion

Gradually, strikes are developing from a purely economic phenomenon into the area of social action. So, we have long been accustomed to the fact that in Russia there are constantly strikes at one end or the other; according to statistics, every day there is at least one workers’ protest). And this news hardly worries us as much as it did in 1991-1992; we are already beginning to get used to the fact that without strikes nothing can be obtained from the state.

However, despite the seriousness and difficulty of their situation, the Russians still managed to remain within the framework of reasonable behavior and the strike did not result in an open confrontation between the people and the authorities. But this does not guarantee that the next time popular discontent, controlled by any of the political forces, will not result in the famous “Russian revolt.” And if the time we have at our disposal is not used with the greatest efficiency, then we will once again step on the “rake of history.” The roots of this problem lie in economics. The problems of miners' strikes go far beyond the mining industry alone and are a disease of all public sectors. Their greatest “visibility” is associated with such reasons as:

prevalence of the profession throughout the country (Sverdlovsk region, Kemerovo region, Vorkuta, Moscow region, Voronezh, etc.)

greatest cohesion and best organization in relation to other industries (the largest number of industry trade unions)

predominance of men in the industry (98% are men)

impossibility of part-time employment in another industry (the industry in most cases is a regional one, and therefore, if the “mines” stand, all other production “stands”)

the production of priority, strategic products for the needs of the state (students, artists, teachers do not control any scarce resources, so their strike is unlikely to have the same impact on the government as a miners’ strike) The main social contradiction, which serves as the basis for the emergence of industrial conflicts (strikes), In my opinion, there is a discrepancy between the level of development of industrial relations in public sector sectors and the level of development of the Russian economy as a whole. It is economically feasible, for example, to close unprofitable mines, but from a social point of view it is impossible to offer miners any other job. In my opinion, there is currently a steady downward trend in labor and social guarantees workers, which is the main reason for labor conflicts.

Leaflet

The strike in Severouralsk continues! Help is needed!

Comrades!

Contrary to reports, the miners' strike in Severouralsk continues, not only at the Red Riding Hood, but also at the other 4 SUBR mines. The people made the decision to stand, no matter what, until their demands were met. The miners themselves say that they have no other choice, since over the last week prices for bread alone have risen from 10 to 17 rubles. for a loaf of bread and it becomes simply impossible to live.

Yesterday, the shipment of bauxite to the Bogoslovsky aluminum smelter, owned by RUSAL, began. Let us remind you that the miners blocked the shipment and brought the plant to the brink of shutdown. Now shipment has begun in a minimum volume - so that the continuous cycle furnaces do not stop working. Of course, the plant does not operate at half capacity, which brings millions of losses to RUSAL. The situation is similar at the Krasnoyarsk aluminum smelter. Despite this, workers of both factories support the striking miners and send them letters of solidarity.

The negotiation commission is stalling for time, there were meetings yesterday, they are going on today, there will be meetings tomorrow, and there is no end in sight. It seems that the leadership of SUBR and RUSAL is simply trying to starve the workers out, to hold out until the moment when people simply have nothing to eat...

On April 10, a court hearing will be held to recognize the legality of the strike. The miners have not yet decided what to do if the court sides with the employer, but they do not want to end the strike without achieving anything. Meanwhile, the financial situation of the strikers is getting worse...

Comrades! The miners of Severouralsk need our help. Do not be silent! At least keep spreading the word about the strike! Carry out solidarity actions! If someone has connections with others labor collectives in the RUSAL system - bring information to them. Help miners get in touch with them. It is very important! The widest publicity is needed, all support is needed!

Dictionary of the most important concepts and terms

AGGRESSION is a command in a conflict associated with the infliction of psychological or physical harm by one of the participants on the other. It can manifest itself in both verbal abuse and physical violence.

ADMINISTRATION -- officials, management personnel of any institution or enterprise.

ALTRUISM is a selfless concern for the welfare of other people, a willingness to sacrifice one’s personal interests for others.

ANTAGONISM is an irreconcilable contradiction.

ANTIPATHY - a feeling of hostility, ill will.

INTERPERSONAL INTERACTION - personal contact between two or more people, resulting in mutual changes in their behavior, activities, attitudes and attitudes.

BOUNDARIES OF THE CONFLICT -- the scope and limits of the conflict, relating to the number of its participants, the territory in which the conflict occurs, and its duration.

DIAGNOSTICS OF CONFLICT -- study of conflict in order to describe its essence, content, functions and other characteristics.

CONFLICT DYNAMICS -- the development of a conflict, including its main periods and stages.

A STRIKE is a type of conflict that represents a collective cessation (reduction in volume) of work or refusal to participate in any regulated activity in order to achieve satisfaction of demands of a social, economic or political nature.

INCIDENT is the initial stage in the dynamics of an open conflict, characterized by direct confrontation between the parties.

CONSENSUS is an agreement, a method of conflict resolution, focused on a joint agreed solution to the problem.

CONFLICT is a confrontation between parties to interaction that have oppositely directed motives, goals and interests.

CONFRONTATION - confrontation, opposition of different opinions, interests, goals.

CRISIS is a sharp escalation of the severity of the conflict, after which a qualitative change in the situation occurs.

LEADER is a member of a group whom it recognizes the right to make decisions in situations that are significant to it due to his personal authority or position.

OBJECT OF CONFLICT - a material, social, political or spiritual value, over which there is a confrontation between the parties seeking to own or use it.

NEGOTIATIONS are a way to resolve conflicts, Team work opposing sides to find a mutually acceptable solution to the problem.

MEDIATOR - a third party in a conflict who is called upon to ensure constructive discussion and resolution of the conflict, but the mediator himself does not have the authority to make a decision.

NEED is a state of an individual created by the need he experiences for any objects necessary for his existence and development. The need acts as a source of activity for the subject.

THE SUBJECT OF THE CONFLICT is the contradiction underlying the conflict.

CLAIM - a claim, a declaration of the right to own something.

PROBLEM SITUATION is a relationship of circumstances and conditions in which the activity of an individual or group develops that contains a contradiction and does not have a clear solution.

STATUS is the position of a subject in society or a group, determining his rights and obligations.

SOCIAL STEREOTYPE - a relatively stable and simplified image of a social object - a group, a person, an event.

STRESS is a human condition that arises in response to various extreme influences (stressors). Stress can have both a positive, mobilizing effect and bad influence on activity (distress), up to complete disorganization.

TOLERANCE -- 1) tolerance for someone else's way of life, behavior, customs, opinions, ideas, beliefs; 2) absence or weakening of response to any unfavorable factor.

VALUE ORIENTATIONS - ideological, political, moral and other grounds for a person’s assessment of the surrounding reality.

EVOLUTION OF CONFLICT is the process of gradual development of conflict from simple to more complex forms.

CONFLICT ESCALATION - an increase in the severity and scope of conflict actions, due to the aggravation of contradictions between opponents.

Listliterature:

1. Shalenko V.N. Industrial strikes as an object of social analysis // SOCIS 1990 No. 7

2. Andreenkova N.V., Voronchikova G.A. Development of labor conflicts in Russia during the transition to a market economy // SOCIS 1993 No. 8

4. Kravchenko K.A. Miners' strikes: research problems // SOCIS 1995 No. 10

1See: Zaitsev A.K. Social conflict in an enterprise. -- Kaluga, 1993. REFERENCES

10. Radugin A.A., Radugin K.A. Sociology. Moscow: Publishing House Center, 1996.

20. On the procedure for resolving collective labor disputes. Federal Law of October 20, 1995, No. 196-FZ. Moscow: Intel-Sintez Publishing House, 1997.

12 Shalenko V.N. Social and labor conflicts in Russia: analysis of dynamics and methods of resolution. // Social conflict. 1999, no. 3. -- P. 11.

1 Coser L.A. The Functions of Social Conflict. - London: Free Press, 1956.- P. 8.

2 Zdravomyslov A.G. Sociology of conflict. - M.: Aspect Press, 1996. - P. 96.

4 Dmitriev A.V. Conflictology. - M.: Gardarika, 2000. - P. 54.

5. Kozyrev G.I. Introduction to conflictology.-- M.: Vlados, 1999.-- P. 23--24.

A strike is an extreme form of social and labor conflict

Already in the course of conciliation procedures aimed at resolving a collective labor dispute, workers, in accordance with the legislation of the Russian Federation, can take advantage of the right to hold meetings, rallies, demonstrations, picketing. These actions are taken by them in support of their demands.

Meeting represents essentially the first act of presenting workers' demands. These demands are put forward at a meeting (conference) by a majority vote. At the same time, authorized representatives of workers are elected to participate in the resolution of a collective labor dispute. The employer does not have the right to interfere with the holding of a meeting (conference), but is obliged to provide appropriate premises for it. As a rule, the demands put forward are stated in writing and sent to the employer, and a copy thereof to the public service body for the settlement of collective labor disputes.

Rally as a form of mass meeting regarding current, mainly socio-political and socio-economic issues, it can be held by employees as a sign of dissatisfaction with their situation and support of the demands put forward to employers. It is often used as a way to influence the progress of a collective labor dispute.

Demonstration, representing a mass procession, expresses any socio-political sentiments, including social protest. Caused by dissatisfaction among employees of an organization, industry or region, it can also be used as a form of expression of public opinion regarding the content and procedure for resolving a social and labor conflict.

Picketing refers to shares of the same plan. It means patrolling by a group of protesters or demonstrators in the area of a rally or demonstration. Often, pickets are put up by representatives of participants in protests of a social or other nature in front of state authorities and local governments, and other official representations.

These actions are usually carried out in conditions of local or general conflict, when the majority of the enterprise’s personnel or the bulk of workers employed in a particular sector of the economy are drawn into the confrontation. In such a conflict, as a rule, the diverging interests of the parties, associated mainly with production, distribution and labor relations. But often the confrontation goes beyond this framework, invades the area of economic and social policy, the activities of state and local authorities, and is accompanied by demands of a political nature.

A specific example of this is the all-Russian protest action, which was held on October 7, 1998 on the initiative of trade unions and with active participation a number of social movements, political parties and groups that were in opposition to the country's top leadership. Along with socio-economic demands, the protesters put forward slogans for the resignation of the president, a change in the course of ongoing reforms, and the adoption of government measures to curb crime and corruption.

Local and general conflicts take a variety of behavioral forms. The most common are two directions: the first is actions within social institutions, organizational forms and procedures (conducting discussions, submitting requests to government agencies, signing declarations, adopting regulations, etc.); the second - mass actions with the presentation of demands from dissatisfied social groups, an appeal to public opinion, expression of protest not only in the form of meetings, rallies, demonstrations and picketing, but also hunger strikes, civil disobedience campaigns and strikes.

The same all-Russian protest action on October 7, 1998 found expression in a variety of options for putting forward and supporting the demands of workers and residents of certain regions of the country. It was preceded by: a four-month miners' picket on Gorbaty Bridge near the Government House in Moscow; temporary coverings railway lines in Primorye, Kemerovo, Chelyabinsk, Rostov regions and the Komi Republic; strikes of teachers and doctors, rallies and demonstrations of mechanical engineers, farmers, energy workers, employees of academic and industrial research institutions, university teachers and students in a number of large cities of the country.

Millions of Russians took part in the protests. Some limited themselves to short-term cessation of work and holding meetings directly at enterprises and institutions, while others took to the streets and organized marches and rallies. It is known that in Moscow, approximately 150 thousand people gathered on Vasilyevsky Spusk near the Kremlin under the flags of trade unions and some parties, and on Palace Square In St. Petersburg, over 100 thousand people gathered for a citywide rally.

Without doubt, The extreme form of social protest is a strike. The relevance of the topic of the strike movement as a means of resolving social and labor conflicts is currently becoming increasingly acute in Russia.

Historically, strikes or strikes, as they were also called, became a fact under the conditions of the establishment of the capitalist mode of production, the transition to machine industry, and the concentration of wage earners in large enterprises with many thousands of workers. Their the main objective almost always came down to protecting the interests of those who lived by selling their labor power.

The forms of strike struggle varied. It is known, for example, that the Luddites took part in the first spontaneous protests at British enterprises at the end of the 18th century. early XIX V. - machines and factory equipment were broken. Discontent of Lyon weavers in France in 1831 and 1834 workers even used firearms. The demonstrations of the Chicago proletarians in the USA in May 1886, accompanied by police violence, caused a wide resonance in the world.

A notable milestone in the history of Russia was the famous Morozov strike at the Nikolskaya Morozov manufactory in Orekhovo-Zuevo, near Moscow, which occurred in January 1885. Then the weavers and spinners, having stopped work, sent written demands not only to the owners of the enterprise, but also to the government. In particular, they insisted on the abolition or significant reduction of fines and the publication of a special law on the conditions of employment and dismissal. In the end, the authorities and the owners of the manufactory had to give in, and the subsequent trial acquitted the organizers of the strike.

And in subsequent times, strikes were of great importance in the Russian labor movement. They had a significant influence on the course of the revolutionary events of 1905-1907, as well as the memorable February and October 1917. Strikes took place even after the establishment of Soviet power in Russia. Only since the late 1920s. they stopped being mentioned; it was believed that in a country building socialism there should not be them at all.

It should be recalled that from the end of World War II until the mid-1970s. in the USA, most countries Western Europe, Japan and other countries, the strike movement assumed the widest scope. At that time, the range and nature of the demands put forward by workers changed. The strikers sought not only to improve the conditions for the purchase and sale of labor, i.e. higher wages, shorter working hours, reliable labor protection, but also the implementation of measures to ensure full employment, organization of vocational training, improvement of working life, etc. At the same time, organizational forms of social partnership that are still in effect today were formed.

Since the late 1970s. the situation began to lean towards a decline in the wave of strikes, a weakening of the influence of trade unions, and the establishment of a so-called new social consensus. But even now, acute social and labor conflicts flare up from time to time in many countries.

In countries with developed market economies, experience in forecasting strikes and their resolution has been accumulated and largely scientifically generalized. At the enterprises of these countries, representatives of not only the strikers themselves and entrepreneurs-employers, but also municipal and government agencies. The intervention of government agencies is enshrined in relevant legislation.

Majority laws developed countries with a market economy, they take into account the recommendations of such international organizations as the United Nations, the International Labor Organization (ILO), etc. They provide for the right of citizens to strike, however, establishing certain restrictions. First of all, a list of industries in which strikes are prohibited is compiled. This usually applies to the armed forces, police, fire service, emergency medical services, gas and electricity supply, and some other life-support systems.

Various sanctions are applied to violators of the law, with the involvement of law enforcement, if necessary. The state establishes the legislative framework for conducting negotiations and carrying out conciliation procedures between conflicting parties and searching for mutually acceptable solutions. It strives to be a mediator in order to prevent extreme forms of social conflict.

In the former Soviet Union, the socio-economic crisis that began in the late 1980s. country, the attempts of the then “architects of perestroika” to reform economic conditions within the framework of the socialist choice also caused a surge in strike actions. In the summer of 1989, a mass protest occurred in Kuzbass; Miners from other coal basins also stood in solidarity with the miners of this region. In the fall of the same year, the miners of Vorkuta went on strike. Subsequently, strikes or threats to resort to them began to be practiced in many areas. Following the miners, they were also announced by workers of other mass professions, including teachers, medical workers, personnel of research institutions.

Social and labor conflicts that became the norm in Russia required the adoption of a number of legal documents. They were intended to serve to streamline and regulate the promotion, consideration and resolution of controversial issues that aggravate social tension.

One of the first acts of this kind was the Decree of the President of the Russian Federation of November 15, 1991 “On social partnership and resolution of labor disputes.” In accordance with the decree, in particular, it was provided for the annual conclusion of a general agreement on socio-economic issues between the Government of Russia, representatives of federal trade union associations, as well as entrepreneurs. It was meant that the agreement would include the obligations of the parties in the field of employment, social protection the most vulnerable groups of the population, implementation of socio-economic programs, etc.

At the same time, it was envisaged to conclude trilateral sectoral tariff agreements between the authorities government controlled, trade unions and representatives of owners (employers) with mutual obligations of the parties. It was meant that such obligations would regulate social and labor relations in the field of organization and payment of labor, social protection, hiring and dismissal of workers. The decree emphasized that subject to the terms of the agreements mentioned, conflicts, including the form of a strike, are considered illegal. A Labor Conflict Resolution Service was created, which was charged with monitoring the implementation of concluded agreements, studying the causes of collective labor disputes and participating in their elimination (this civil service operates in the system Federal service for Labor and Employment of the Ministry of Health and social development RF).

The next step was the Law of the Russian Federation “On Collective Bargains and Agreements”, adopted on March 11, 1992. It recommended the use of conciliation procedures for the contractual settlement of disagreements affecting the socio-economic interests of workers and employers - consultations of the parties, the formation of a conciliation commission, contacting a mediator . Only if agreement was not reached between the parties regarding the recommendations made by the conciliation commission or mediator, the organization and conduct of strikes in a manner that does not contradict the law was allowed.

The right of workers to protect their interests was enshrined in the Constitution of the Russian Federation, approved as a result of a referendum on December 12, 1993. The Basic Law of the country (Article 37) contains a provision that reads: “The right to individual and collective labor disputes is recognized using the methods established by federal law permissions, including the right to strike.”

Fundamentals of realizing the right of workers to strike as a way to resolve a collective labor dispute are specified and regulated by the Labor Code of the Russian Federation.

A strike involves a temporary voluntary refusal of workers to perform labor duties (in whole or in part) in order to resolve a collective labor dispute. Consequently, a strike is not a conflict itself, an unresolved disagreement, but only a manifestation of these disagreements, a form of conflict behavior taken to the extreme, found in a series of meetings, rallies, demonstrations, and picketing. Employees have the right to use it in cases where conciliation procedures do not lead to the resolution of a collective labor dispute, or the employer evades conciliation procedures or does not fulfill the agreement reached.

The decision to go on strike is made by a meeting of workers or a trade union organization, of which the employer is notified in writing ten days before the start of the strike. The decision indicates a list of disagreements that served as the basis for the start of the strike, its timing, the expected number of participants and a list of work that the strikers undertake to perform to ensure the safety of the organization. The strike is led by a specially formed body, which, if necessary, can convene team meetings, receive information from employers, and attract specialists to prepare opinions on controversial issues. Participation in a strike is voluntary, and no one can force workers to participate in it or prevent them from refusing to participate.

During the strike, the parties to a collective labor dispute are obliged to continue resolving this dispute through conciliation procedures, take all necessary measures to preserve the organization’s property and individuals, maintaining the operation of equipment, the shutdown of which may pose a danger to human life and health.

The required minimum of relevant work is determined within five days after the strike is declared, and if no agreement is reached on this issue, it may be declared illegal. A strike may also be considered illegal if it was declared without taking into account the deadlines, procedures and requirements provided for by law, and creates a real threat to people’s health, the foundations of the constitutional order and state security. The decision to declare a strike illegal is made in court and is subject to immediate execution. In this case, workers are obliged to stop the strike and start work. The court also has the right to postpone a strike that has not started or suspend one that has started for up to 30 days in the event of an immediate threat to the life and health of people.

An employee’s participation in a strike cannot be considered a violation of labor discipline and a basis for terminating an employment contract or applying disciplinary measures, except for cases provided for by law. While participating in the strike, workers retain their place of work and position. At the same time, the employer has the right not to pay wages to direct participants in the strike.

The legislation prohibits during the settlement of a collective labor dispute lockout, those. dismissal of strike participants and other permitted actions, as well as liquidation or reorganization of the relevant enterprise, branch, etc.

Thus, it can be stated that a strike, like any social phenomenon, is specific, has its own significant features, noticeable differences.

First of all the strike is distinguished by its collective nature, the massive participation of hired workers in it - workers, employees, specialists. They stop working or significantly reduce production and services, while simultaneously putting forward demands of an economic, social and (which often happens) political nature. In terms of their content, these requirements are addressed both to the owners (administration) of the enterprise and to the authorities - state and municipal.

A strike poses a real, tangible threat of loss on the part of those against whom it is directed , since it is fraught with a drop in labor productivity, a decrease in the quality of goods and services provided, payment of fines and penalties by entrepreneurs (employers) to partners in economic relations in cases of failure, deliveries within a predetermined time frame, loss of profit, etc. Such a threat of extremely undesirable and essentially ruinous and destructive consequences for an enterprise or industry is used by those who decide to go on strike as reinforcement of the demands they put forward, as a means of putting pressure on employer-owners, state authorities and local self-government.

Another feature of a strike in modern conditions is that, in fact, it always has an organized character and falls within the framework of the labor legislation in force in the country. This is, as a rule, a pre-planned and well-prepared action, directed by a governing body - a strike or trade union committee, with its leaders relying on the support of the majority of strike participants, certain social movements, political parties and the media, and even regional factions legislative assemblies and the federal parliament.

An important feature of the current strikes is the manifestation with particular severity of social tension inherent in a particular sector of the economy or region, the variety of forms of conflict confrontation, including both passive resistance and spontaneous protest, and active coordinated actions. Most often, confrontation does not break out suddenly, not all at once, but grows gradually, acquiring more and more new and stringent demands.

The beginning is calls for a strike, discussion of collective demands at meetings, the creation of a strike committee or the assignment of powers to a trade union body. Then comes the time for strikers to stay away from work and for other similar actions designed to confirm the seriousness of the demands put forward. Subsequently, such forms of pressure are organized as rallies, demonstrations, pickets, presentation of ultimatums, individual and collective hunger strikes, blocking of transport routes, etc. All this is invisibly, if not openly, stamped with attempts to use mass dissatisfaction with socio-economic conditions for political purposes.

A strike, being an objectively and legally legitimate form of social and labor conflict, is a double-edged means of social interaction. If there is an unlawful approach to the consideration of local disputes and discrepancies, or deviations from the legally established provisions for resolving such conflicts, it can turn into a potentially dangerous zone of social explosion and general upheaval.

Test questions and assignments

1. What methods are most widely used to prevent conflicts in organizations?
2. Indicate the main stages of conciliation procedures in labor disputes (conflicts).
3. What legislative act regulates the procedure for resolving collective labor disputes in the Russian Federation?
4. Name the basic rules of communication that should be followed when carrying out conciliation procedures.
5. Which public events employees of the organization have the right to conduct actions in support of their demands when resolving a collective labor dispute?
6. Describe the main features of a strike as an extreme form of social and labor conflict.
7. When and what document in the Russian Federation established the right of workers to strike?

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