Sergey Kazakov1
  • 1 Postgraduate Student, Department of Labour Law, Faculty of Law, National Research University Higher School of Economics., 0 Myasnitskaya Str., Moscow, 101000, Russian Federation.

Sectoral Agreement’s Regulation of Employees’s Participation in Enterprise Affairs

2019. No. 5. P. 148–166 [issue contents]
The article is devoted to problems of sectoral collective bargaining agreement’sregulation of co-determination. In modern Russian studies on labor law this themeis almost not examined. Methodological foundation of research is constituted fromgeneral science methods and special methods, includes: formal logical, analytical,comparative legal, historical and other methods. Main aims of research are assessmentof effectiveness of collective bargaining agreement’s regulation of co-determinationand elaboration suggestions to improvement of legislation. Author appreciates criticallyapplicable in labor legislation approach that implementation most of employees’ rightsin the sphere of co-determination is only possible if procedures of social partners’cooperation are regulated by sectoral collective bargaining contract, collective contractsand local normative acts. However, acts of social partnership solve this problem only insome sectors of the economy, such as mining and manufacturing industry, transport,car manufacturing. In addition, the lack of consistency between the norms of labor andcivil legislation also impedes the exercise by employees of their rights to participate inthe management of the organization. Thus, the stock transfer to employees provided forby the Federal Act of Joint-Stock Companies is not even mentioned among the formsof co-determination listed in chapter 8 of the Labor Code of the Russian Federation,but an indication of the procedure for sending employees’ representatives to collegialmanagement bodies of legal entities, partially regulated by this chapter of the LaborCode of the Russian Federation, is absent in the legal acts governing the activities of legalentities. In this regard, it is proposed to introduce the necessary changes into civil andlabor legislation. There are noted in article that Soviet labor legislation of 1970–1980s(as well as modern labor law of some European countries) bound administrations ofenterprises, organizations and institutions issued main local normative acts in commonwith employees. Modern Russian labor legislation provides for two methods of employees’participation in drafting of local normative acts — via procedure of taking into account ofemployees’ representative body or via reconciliation. But second method is used if it’sindicated in collective contracts and agreements but absence of coordination betweenlevels of collective bargaining agreement’s regulation impedes its usage. In conclusionof article author accentuates problem of declarative effect of the most rights in the sphereof co-determination and necessity of balance between state and contractual methods ofregulation this sphere of social relations.
For citation: Kazakov S.O. (2019) Sectoral Agreement’s Regulation of Employees’ s Participation in Enterprise Affairs. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 5, pp. 148–166 (in Russian) DOI: 10.17323/2072-8166.2019.5.148.166
Citation: Kazakov S. (2019) Regulirovanie uchastiya rabotnikov v upravlenii organizatsiyami na urovne otraslevykh soglasheniy [Sectoral Agreement’s Regulation of Employees’s Participation in Enterprise Affairs]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 5, pp. 148-166 (in Russian)
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