Main functions of trade unions. Functions of trade unions and tasks - what does the trade union do. No less important task of the trade union - Legal assistance

The functions of trade unions are the directions of their activity. The following target social guidelines (latent functions) that build the activity of the institute of trade unions are distinguished:

1. Integration of society, achievement of social peace. The contribution of trade unions to the institutionalization of social conflicts, primarily in the sphere of social and labor relations, to the introduction of them (conflicts) into the organizing channel, to the prevention of spontaneous, uncontrolled mass demonstrations is the most significant. Even such acute forms of industrial conflicts as strikes initiated by trade unions ultimately contribute to the integration of society, as they make it possible to better understand the position and interests of the opposing groups and find mutually acceptable solutions. On the whole, trade unions contribute more to uniting people than to dividing them, they prefer the social peace to the war of "all against all" and do a lot in this direction in practice, acting as a social shock absorber between the opposing sides.

2. Creation of a civil society through the development of industrial democracy. Russian society is still unable to overcome the authoritarian style of relations between the holders of power (political and economic) and ordinary members of society. Moreover, this style is being tightened despite ongoing democratic reforms. An ordinary worker, a direct producer of goods and services turned out to be an outside observer and an indifferent executor of managerial strategies, operational plans and tasks.

Trade unions make it possible to destroy the monopoly of economic power through such a form that has justified itself throughout the world as collective agreements and agreements. According to the agreements of the parties, part of the authority to regulate socio-economic processes is delegated to labor collectives, which, together with employers and administrators, begin to share responsibility for the nature of their course and the result. This fits in well with modern managerial concepts of participatory management. The development of self-governing principles in industrial life, which is facilitated by trade unions, accelerates the process of creating a civil society.

3. Assistance in the formation of a welfare state. Trade unions played a significant role in the creation of social states in many countries, acting as persistent lobbyists in parliaments and governments to carry out various social programs, to give the economies a socially oriented character. Through the mechanisms of control over the movement of large financial sums that are concentrated in social funds, through participation in the approval of the charters and regulations of these funds, through the consideration of drafts of various social programs and regulatory legal acts affecting social and labor relations, trade unions, if not directly, but indirectly contribute the establishment of a welfare state.

4. Preservation and development of the labor potential of society. This orienting goal is closest to the trade unions, since their main activity takes place in the sphere of social labor. The positive impact of trade unions on the preservation and development of the labor potential of society is manifested in the implementation of their work in the following areas:

Increasing the level of wages, ensuring the reproduction of the labor potential of each individual employee and society as a whole;

Occupational safety, reduction of industrial injuries and occupational diseases;

Professional training of employees, including assistance to them in mastering the knowledge of the “market”;

Ensuring productive employment, preventing overexploitation, socially and economically unjustified and long-term unemployment.

5. Development of market relations, formation of the labor market. Under certain conditions, trade unions can positively influence the development of the market by raising the price of labor and thereby creating conditions not only for improving people's lives, but also for economic growth. While they work mainly in the primary market, in traditional production, the secondary market, with its instability and lack of guarantees, in essence, is not yet covered by trade union influence, especially in the sectors of semi-legal and illegal employment, but the fact that trade unions should become a strong player in this market is doubtful. is not subject to. Now the hired worker in these sectors is left face to face with the employer, who, being not bound by any restrictions, including moral ones, can do arbitrariness: pay low wages, not provide the necessary social conditions, allow the employee to be super-exploited.

6. Adoption of humanistic values ​​and developed labor morality in society. The accelerated movement of Russia towards the market has led to shifts in values, which are extremely painfully perceived by society. Collectivism is being replaced by individualism, relations of general commercialization replace the former relations of camaraderie and mutual assistance, the pursuit of profit becomes the main driving motive. Competition for jobs, positions, resources leads to alienation, separation of people, their mutual isolation. Trade unions, being public associations of working people, by their very nature are carriers of values ​​that cannot be subject to devaluation. These are the values ​​of honest and conscientious work, fair distribution of the jointly produced product, collectivism, partnership, mutual assistance and others. For trade unions, the approval of these humanistic norms and norms of labor morality is one of the most important targets of activity.

Functions of trade unions

The functions of trade unions are the main directions of their activity. Since trade unions arose to protect the rights and interests of workers, therefore their main function is protective (the relationship "trade union - entrepreneurs"). The need to protect the rights and interests of workers in the labor sphere is especially relevant in the modern period, which has exposed socio-economic contradictions. The relations of trade unions with employers on social and labor issues are regulated by labor legislation at all levels of social partnership relations, from production to the federal level, while using their protective function, as well as their second most important function - representing the interests of workers (the relationship "trade union - state"). Some economists add to these two a third function, the economic one, concern for increasing the efficiency of production. In the legal literature, the following functions are distinguished: protective, industrial, educational, social, international.

For the effective implementation of these functions, the state assigned to the trade unions a number of rights and guarantees in rule-making, law enforcement and control over compliance with labor legislation and labor protection rules.

The protective function of trade unions is the activity of trade union bodies, as well as the labor and asset inspectorates under their jurisdiction, aimed at preventing violations and restoring violations of the rights and legitimate interests of workers in the labor sphere, as well as bringing to justice their violators.

The functions of employee representation are expressly enshrined in Art. 29 of the Labor Code of the Russian Federation, according to which the representatives of workers in social partnership are trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions. Federal Law of the Russian Federation "On trade unions, their rights and guarantees of activity" in Art. 11 "The right of trade unions to represent and protect the social and labor rights and interests of workers" and in Art. 1 combines these two essential functions of trade unions with their respective rights.

The function of representation is associated with defending the interests of employees not at the firm level, but in state and public bodies. The purpose of the representation is to create additional benefits and services. But in addition to these two trade unions also carry out a cultural and educational function of educating their members in the spirit of patriotism and a political one of their participation in the elections of state authorities and local self-government bodies.

The implementation of the protective and representative functions of trade unions is facilitated by the social regulation of social relations, which they enter into in the course of their activities. Relations with the participation of trade unions, as a rule, are regulated by various types of social norms - morality, traditions, etc.

However, legal regulation is also possible to ensure the representation and protection of the rights and legitimate interests of employees. The rights and obligations of trade unions in the sphere of labor constitute their legal status.

In addition to rights in the sphere of labor, trade unions have extensive rights in the field of operation of other branches of law: the rights of a legal entity, the right of ownership, participation in the management of state social funds, in the field of ecology, privatization, etc.

The rights and obligations of trade unions are closely linked. The legally fixed position of trade unions in the sphere of labor (labor-legal status) is a general measure of the legal possibilities of a given organization and its bodies in this area, serves as a source of subjective rights and obligations of trade union bodies in legal relations. As a basic category, it characterizes the limits of the legal possibilities of the activities of trade unions in this area, serves as a standard for the legitimacy of the actions of trade union bodies, the completeness of the exercise of the legal powers granted to them.

The activities of the trade unions are regulated mainly by themselves as amateur public organizations with the help of internal trade union norms adopted by the leading trade union bodies. Such norms are not of a legal nature and are contained in the charters of trade unions and their associations, and other trade union acts. Of the range of social relations that trade unions enter into, only those whose regulation is objectively possible, economically, socially and politically necessary are subject to legal influence. The law contributes to the implementation of the tasks facing the trade unions, the fulfillment of their protective function.

Under conditions of intensified competition, trade unions began to realize that the well-being of workers depends not only on the confrontation with employers, but also on the growth of labor efficiency. Therefore, modern trade union organizations almost never resort to strikes, they actively participate in improving the professional training of their members and in improving production itself.

Fundamental rights of trade unions

Modern legislation allows trade unions to focus on the fulfillment of the main task - to represent and protect the socio-economic interests of workers, these rights characterize the relationship of trade unions with state and economic decision-making bodies in the sphere of labor. In relation to state and economic bodies, the exercise by trade unions of such powers is the exercise of their rights. But in relation to the workers, in whose name and in whose interests the trade unions act, it is their duty to exercise the powers of the trade unions. Therefore, the powers of trade unions are usually characterized as rights-duties: rights in relation to state and economic bodies and duties to workers.

The main rights and obligations of trade unions are listed in Ch. II of the Law of January 12, 1996 Trade unions submit proposals and express their opinion on draft legislative and other normative acts affecting the social and labor rights of workers. Systems of remuneration and labor standards are established by employers, taking into account the opinion of trade union bodies and are fixed in collective agreements.

Trade unions conduct collective negotiations and conclude collective agreements and agreements on behalf of workers, as well as exercise control over them. Trade unions have the right to participate in the settlement of collective labor disputes, in accordance with the law to hold strikes and other collective actions. The relations of trade unions with state and economic bodies are built on the basis of social partnership. Trade unions, along with other social partners, participate in the management of state funds formed at the expense of insurance premiums (Articles 13, 14, 15 of the Law).

The powers of trade unions have different legal force. Legal force characterizes the degree of binding proposals of trade unions for state and economic bodies. Some powers are advisory in nature, such as, for example, the participation of trade unions in the consideration of draft legislative acts affecting the social and labor rights of workers. The relevant state bodies are obliged to request the opinion of the trade unions, listen to this opinion and discuss it, but the decision is made independently. Other powers of trade unions are of a parity nature: for example, collective agreements, agreements are adopted on a parity basis with trade union bodies.

The main functions of trade unions include the following:

• 1. Organizational, or the function of organizing social practices.
• 2. Function of regulation of social and labor relations.
• 3. Protective function.
• 4. Representative function.
• 5. Control function.
• III The organizational function of trade unions is that they provide organizationally a number of long-term and recurring social practices. These are the practices:
  • - resolution of industrial labor conflict;
  • - implementation of social partnership;
  • - holding mass actions;
  • - implementation of the activities of intra-union bodies and organizations;
  • - ensuring membership;
  • - implementation of international contacts and relations, etc.
• Ø The function of regulating social and labor relations is carried out by trade unions on an equal footing with the main social partners: the state and entrepreneurs. Trade unions do not directly manage the processes in the field of social and labor relations, but participate in their regulation at the level of their competence and in the interests of various groups of wage labor.
• The protective function of trade unions is the activity of trade union bodies, as well as the labor and asset inspectorates under their jurisdiction, aimed at preventing violations and restoring violations of the rights and legitimate interests of workers in the labor sphere, as well as bringing to justice their violators.

Trade unions exert their influence to a greater or lesser extent on the following aspects of social and labor relations:

• * salary;
• * conditions, organization and regulation of labor;
• * labor protection and safety (including environmental);
• * employment and unemployment;
• * privatization;
• * taxes and budgets regarding social labor.

Working together with legislative and executive authorities (not excluding lobbying), with employers to regulate social and labor relations - this is the field where trade unions in practice can demonstrate their social usefulness, as they are included in the creation of a legal system that is mandatory for all social figures.

• Ш The representative function is that trade unions are legally granted the right to speak on behalf of and on behalf of various professional groups of workers, labor collectives, workers employed in one or more industries, workers living in the same territory, to express and defend their interests.
• III The control function of trade unions is considered as one of the forms of civil public control over the actions of the authorities and employers in the sphere of social and labor relations, as well as over the activities of the trade union bodies and organizations themselves. The lack of proper control during the period of economic reform, when trade unions, for various reasons, were curtailed in the rights of control over many processes, gave rise to a large extent to numerous violations of labor standards, from which the whole society suffers.

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Introduction

A trade union, abbreviated as a trade union, in accordance with the Federal Law of January 12, 1996 No. 10-FZ “On Trade Unions, Their Rights and Guarantees of Activity” is a voluntary public organization that unites workers who are connected by common interests by the nature of their activity, both in production , and in non-productive areas, to protect the labor and socio-economic rights and interests of its members.

The role of trade unions in civil society:

· Protection of legal rights and interests of employees.

· Participation in the establishment of an efficient economy that allows the implementation of the principle of economic democracy and social justice.

· An indicator of public opinion, an element of a feedback system for adjusting government policy.

· Representing the economic interests of employees in the labor market.

The foundations for the creation of trade unions in Russia are laid down in Art. 30 of the Constitution of the Russian Federation: everyone has the right to association, including the right to form trade unions to protect their interests. The freedom of activity of public associations is guaranteed. No one can be forced to join or stay in any association, that is, the right of both free entry into trade unions and unhindered exit is guaranteed.

Main functions of trade unions:

a) Representative - representing the interests of employees before the employer, municipal, regional and federal authorities.

b) Protective - protection of the labor rights of workers, their socio-economic interests.

c) Control - control: enforcement of legislation in the field of labor, social sphere, the collective agreement at the enterprise and agreements of the federal, regional and municipal levels; compliance with labor and industrial safety standards.

d) Organizational - organization of employees for joint actions to protect their rights and interests.

1. Organizational structure of trade unions

The basis of the organizational structure of the trade union is the primary trade union organizations. The Law on Trade Unions gives the following definition of a primary trade union organization: "a voluntary association of trade union members working, as a rule, at one enterprise, in one institution, one organization, regardless of the form of ownership and subordination, acting on the basis of the provision on the primary trade union organization of the relevant trade union" Federal Law "On trade unions", Art. 3.

If there are several primary organizations of one trade union in a subject of the federation, they, as a rule, unite into a territorial organization of the trade union.

The Federation unites two types of member organizations:

a) all-Russian and interregional trade unions;

b) territorial associations of trade union organizations.

The territorial association of trade union organizations unites the territorial organizations of all-Russian trade unions that are members of the FNPR, which operate on the territory of a subject of the federation.

Functions of the territorial association of trade union organizations:

a) Representing the interests of the Federation of Independent Trade Unions of Russia in the subjects of the Federation.

b) Coordinating the activities of trade union organizations in a constituent entity of the Federation.

c) Ensuring the interaction of member organizations.

d) Regulation of social and labor relations on the territory of a constituent entity of the Russian Federation.

employment labor legislation trade union

2. Legal support for the activities of trade unions

The Federal Law “On Trade Unions, Their Rights and Guarantees of Activity” empowers trade unions to represent and protect the rights and interests of trade union members on issues of individual labor and labor-related relations, as well as the collective rights and interests of all workers, regardless of their membership in trade unions, if trade unions are endowed with such powers in accordance with the established procedure.

The legal basis for the activities of trade unions in modern Russia are: the Constitution of the Russian Federation, the Federal Law "On trade unions, their rights and guarantees of activity", the Labor Code of the Russian Federation:

a) the right of trade unions to represent and protect the social and labor rights and interests of workers;

b) the right of trade unions to promote employment;

c) the right of trade unions, primary trade union organizations to conduct collective negotiations, conclude collective agreements, agreements and control their implementation;

d) the right to participate in the settlement of collective labor disputes;

e) the right of trade unions to information (to receive it from the employer, public authorities, to use the state media);

f) the right to train and improve the skills of trade union personnel;

g) the right to exercise control over compliance with labor legislation;

h) law in the field of labor protection and the environment;

i) the right to participate in the privatization of state and municipal property;

j) the right to social protection of employees;

k) the right to represent the interests of employees in labor dispute resolution bodies;

l) property rights of trade unions.

Guarantees for the activities of trade unions:

a) guarantees of property rights;

b) guarantees to elected employees;

c) guarantees for judicial protection;

d) guarantees from the employer.

Trade Union Responsibility:

a) for violation of constitutional norms;

b) for failure to comply with the collective agreement;

c) for organizing an illegal strike recognized by the court.

Relations with government authorities:

a) lack of accountability;

b) a system of agreements;

c) suspension of the activities of trade unions only by judicial procedure.

International principles and norms of law have a decisive influence on the formation of Russian legislation, including in matters relating to the activities of trade unions.

3. Social partnership

Social partnership is a civilized system of public relations in the social and labor sphere, based on the coordination and protection of the interests of employees, employers, entrepreneurs, state authorities and local self-government on the basis of contracts, agreements, reaching a compromise, consensus on topical issues of economic and socio-political the life of society.

The main principles of social partnership are:

a) - equality of the parties;

b) - respect and consideration of the interests of the parties;

c) - the interest of the parties in participating in contractual relations;

d) - assisting the state in strengthening and developing social partnership on a democratic basis;

e) - observance by the parties and their representatives of labor legislation and other normative legal acts containing labor law norms;

f) - powers of representatives of the parties;

g) - freedom of choice when discussing issues within the scope of work;

h) - voluntary acceptance of obligations by the parties;

i) - the reality of the obligations assumed by the parties;

j) - obligatory fulfillment of collective agreements, agreements;

k) - control over the implementation of the adopted collective agreements, agreements;

l) - the responsibility of the parties, their representatives for non-fulfillment through their fault of collective agreements, agreements.

The parties to the social partnership are employees and employers represented by duly authorized representatives.

State authorities and local self-government bodies are parties to social partnership in cases where they act as employers, as well as in other cases provided for by labor legislation.

Trade unions act as representatives of the workers' side. Protecting the interests of trade union members, they act in the interests of all workers.

The collective agreement is a form of participation of employees in the management of the organization and ensures the protection of their labor rights and socio-economic interests.

The parties to the social partnership bear mutual responsibility.

4. Ensuring employment and decent wages

Employment is understood as the activity of citizens related to the satisfaction of personal and social needs, which does not contradict the legislation of the Russian Federation and, as a rule, brings them earnings, labor income. At the same time, citizens have the exclusive right to dispose of their abilities for productive, creative work. Forced labor in any form (physical, psychological, moral) is not allowed, unless otherwise provided by law.

The participation of trade unions in promoting employment and decent wages is guaranteed by legal acts:

a) create new jobs with good working conditions and decent wages;

b) seek compliance with the law when laying off workers and reducing jobs at the enterprise;

c) promote retraining, advanced training of employees;

d) contribute to the creation of conditions for the development of the system of vocational education.

The position of trade unions in the labor market: "Effective employment is a necessary condition for decent work."

The ideology of the trade unions lies in the thesis: "Decent pay for decent work."

The position of trade unions in matters of wages

a) The minimum wage should not be lower than the subsistence minimum in the region and in the Russian Federation.

b) The average salary is not lower than four living wages.

c) Indexation of wages depending on the growth of inflation.

d) Establishment of a wage system at the enterprise that promotes wage growth and encourages employees for high labor productivity.

e) Wage protection.

f) Establishment of a permanent (basic) part of wages at a level not lower than 70% of the total wages.

5. Social protection of workers and members of their families

Social protection is a set of targeted measures of a legal, economic and organizational nature to protect citizens from negative manifestations of the social environment, mitigate their consequences, to support the most vulnerable segments of the population.

Social protection of workers and members of their families is one of the main activities of trade unions.

Social insurance is the basis of social protection of workers.

Trade unions use various forms of their activity in order to protect the social rights and interests of workers:

a) Participation in the development of legal acts regulating the social sphere.

b) Participation in the management of off-budget social funds.

c) Ensuring social protection of workers through a system of agreements and collective agreements.

d) Organizing and conducting collective actions of trade unions for social guarantees.

Solving the problems of social protection of workers is achieved primarily by increasing wages.

6. Ensuring the labor protection of employees

The participation of trade unions in labor protection is enshrined in international and national legislation, regional and sectoral regulations.

At the federal level

a) Participation in the development and implementation of state policy in the field of labor protection.

b) Participation in the development of legal acts.

c) Participation in the formation of state programs.

d) Public control over observance of the rights and interests of workers in the field of labor protection.

At the enterprise

a) Develop and conclude a collective agreement and monitor its implementation (there is a section on labor protection in the collective agreement).

b) Represent the side of employees in the labor protection commission.

c) Contribute to the identification and require the elimination of hazardous working conditions.

d) Participate in the examination of working conditions and certification of workplaces.

e) Participate in the investigation of accidents and compensation for damage to the employee by the enterprise.

f) Participate in the development of financial justifications for labor protection measures.

g) Provide advice to employees, inform them about hazardous conditions and preventive measures.

Occupational safety issues are an integral part of agreements and collective agreements.

Control over observance of the rights of workers in the field of labor protection is carried out by state and trade union technical labor inspectors. In accordance with Article 370 of the Labor Code of the Russian Federation, they have a number of rights, including:

a) freely visit organizations where members of this trade union work;

b) exercise control over compliance with regulatory legal acts;

c) conduct an independent examination and participate in the investigation of accidents;

d) receive information from the employer on the state of conditions and labor protection at the enterprise;

e) protect the rights and interests of trade union members on issues of compensation for harm caused to their health;

f) send orders to eliminate the identified violations;

g) apply to the state labor protection authorities.

Employers are responsible for the state of labor protection at work and are obliged to compensate the employee for damage caused:

a) The employer's obligation to pay damages to an employee is based on federal law.

b) Compensation is carried out in the form of: temporary disability benefits, lump-sum payments, monthly insurance payments, additional rehabilitation costs.

Trade unions influence state authorities and employers in the development and implementation of policies in the field of labor protection, the creation of normal and safe working conditions at the enterprise.

7. Monitoring compliance with labor legislation and protection of labor rights of employees

The main document regulating relations in the sphere of labor is the Labor Code of the Russian Federation, adopted on December 30, 2001, as amended and supplemented on June 30, 2006.

The rights of trade unions to exercise control over the observance of the labor rights of workers are provided for in the Labor Code of the Russian Federation and the Federal Law "On trade unions, their rights and guarantees of activity."

Types of trade union control:

a) preliminary - prevention of violations of labor legislation;

b) current (periodic) - checking working conditions;

c) subsequent - restoration of the violated rights of workers.

In order to monitor compliance with labor legislation, trade unions have the right to receive free and unhindered information and make proposals.

The human rights activities of trade unions in the sphere of labor are carried out through trade union technical and legal inspections. They are:

a) organize inspections of compliance with labor legislation and other regulatory legal acts;

b) seek the elimination of identified violations;

c) take part in commissions on labor disputes as representatives of employees;

d) represent the interests of workers - members of the trade union in court;

e) carry out legal expertise of draft laws and regulations on social and labor issues;

f) interact with judicial, law enforcement agencies, the state labor inspectorate;

g) keep records and summarize statistical data on violations and measures to suppress them.

The participation of trade unions in ensuring the legality of changing the terms of an employment contract:

a) advising an employee to whom the employer has proposed changes to the terms of the employment contract;

b) determining the legality of the changes proposed by the employer to the employee, negotiating with the employer;

c) participation in the resolution of a labor dispute in a labor dispute commission or in court as a representative of an employee who is a member of a trade union;

d) verification by a legal labor inspector of the presence of violations of labor legislation at the enterprise during scheduled inspections and sending relevant instructions to the employer;

e) taking into account the opinion of the elected trade union body when adopting local regulations;

f) conclusion of a collective agreement, the terms of which apply to employees and regulate the specifics of work at a particular enterprise;

g) legal assistance to trade union members;

h) negotiations with the employer on the issues of the employment contract.

When adopting local regulations, the employer is obliged to take into account the opinion of the elected trade union body.

An employment contract between an employee and an employer, drawn up in writing, is a mandatory document regulating social and labor relations.

8. Resolution of labor disputes

Labor dispute - unsettled disagreements between employees and employers regarding the establishment and change of working conditions.

Labor disputes are individual and collective.

Individual labor disputes are resolved through commissions on labor disputes with the participation of trade unions on the side of the employee - a member of the trade union.

The role of the trade union organization in the creation and formation of the CTC (Commission for Labor Disputes)

a) - explanation of the feasibility of creating CCC in the organization;

b) - preparation and holding of a general meeting (conference) of employees;

c) - selection of candidates for the CCC for election at the meeting (conference).

In a collective labor dispute, the trade union organization acts as a representative body of workers, participates in mandatory conciliation procedures.

If the resolution of the labor dispute is not achieved, an effective legal measure of influence on the employer is a strike.

The parties to a collective labor dispute bear disciplinary and material liability.

Conclusion

Trade unions can exist and perform their functions only in a certain legal space. It is necessary that the trade union leader in modern conditions has the necessary knowledge in the field of labor legislation, labor protection legislation and trade unions. It is within the framework of laws that trade unions should be able to protect the interests of workers. This area of ​​activity includes the control of trade unions over the timely and full payment of labor, the creation of normal working conditions, compliance with legislative norms when hiring and firing, and preventing violations of the production process by the employer.

The trade union will constantly and purposefully actively advocate for the improvement of living standards and the realization of the rights of the members of the trade union whose interests it represents.

Literature

2. Federal Law "On trade unions, their rights and guarantees of activity" No. 10-FZ of January 12, 1996 (as amended on May 9, 2005)

3. Labor Code of the Russian Federation. M., 2007.

4. Isaicheva E.A. "Handbook of labor law" M. "Gorodets" 2005

5. Mikheev V.A. "Fundamentals of social partnership" M. "Exam" 2001

6. Snigireva I.O. Trade unions and labor law. M., 1993

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union- a voluntary public association of citizens connected by common industrial, professional interests by the nature of their activities, created in order to represent and protect their social and labor rights and interests. All trade unions enjoy equal rights.

Every person who has reached the age of 16 and is engaged in labor (professional) activities has the right, at his own discretion, to create trade unions to protect his interests, join them, engage in trade union activities and leave trade unions. Russian trade unions may include not only citizens of the Russian Federation residing both on the territory of the Russian Federation and outside it, but also foreign citizens and stateless persons residing on the territory of the Russian Federation, with the exception of cases established by federal laws or international treaties of the Russian Federation.

Trade unions can create their associations (associations) on a sectoral, territorial or other basis that takes into account professional specifics: all-Russian associations (associations) of trade unions, interregional and territorial associations (associations) of trade union organizations (Article 2 of the Law on Trade Unions).

The primary trade union organization unites members of trade unions, as a rule, of one enterprise, organization, regardless of the form of ownership and subordination, acts on the basis of a provision adopted in accordance with the charter, or on the basis of a general provision on the primary trade union organization of the relevant trade union.

Trade unions are independent in their activities from executive authorities, local governments, the employer, their associations (unions, associations), political parties and other public associations, they are not accountable and not controlled. It is prohibited to interfere with the activities of state authorities, local self-government bodies and their officials in the activities of trade unions, which may lead to the restriction of the rights of trade unions or prevent the legal implementation of their statutory activities (Article 5 of the Law on Trade Unions).

Trade unions, their unions (associations) independently develop and approve their charters, their structure, and organize their activities. These acts regulate relations within the trade union itself with its members and trade union bodies. They are not sources of law, as they are acts of the public.

Legal personality of the trade union as a legal entity arises from the moment of their state (notifying) registration with the Ministry of Justice of Russia or its territorial body in the constituent entity of the Russian Federation at the location of the relevant trade union body. But trade unions have the right not to register, and then they do not acquire the rights of a legal entity (Article 8 of the Law on Trade Unions). It is prohibited to condition the hiring, promotion, and dismissal of a person by belonging or not belonging to a trade union.

The reorganization or termination of the activities of a trade union or a primary trade union organization can be carried out only by decision of their members in the manner determined by the charter of the trade union, the regulation on the primary trade union organization, and their liquidation as a legal entity - in accordance with federal law.

If the activity of a trade union is contrary to the Constitution, constitutions (charters) of the constituent entities of the Russian Federation, federal laws, it may be suspended for up to six months or prohibited by a decision of the Supreme Court of the Russian Federation or the relevant court of the constituent entity of the Russian Federation and an application by the Prosecutor General of the Russian Federation, the prosecutor of the corresponding constituent entity of the Russian Federation. Suspension or prohibition of the activities of the trade union by decision of any other bodies is not allowed.

Thus, trade unions are included in the political system of society as specific public organizations with their own tasks and functions determined by their charters. The main tasks of trade unions are related to the implementation of their function - the protection of the rights and interests of workers in the sphere of labor and other directly related relations.

Functions of trade unions are the directions of their activity. Since trade unions arose to protect the rights and interests of workers, their main function is protective. The need to protect the rights and interests of workers in the labor sphere is especially relevant in the modern period, which has exposed socio-economic contradictions. The relations of trade unions with employers on social and labor issues are regulated by labor legislation at all levels of social partnership relations - from production to the federal level, while using their protective function, as well as their second most important function - representation of the interests of employees. For the effective implementation of these functions, the state assigned to the trade unions a number of rights and guarantees in rule-making, law enforcement and control over compliance with labor and labor protection legislation.

The protective function of trade unions is the activity of trade union bodies, as well as the labor and asset inspectorates under their jurisdiction, aimed at preventing violations and restoring the violated rights and legitimate interests of workers in the sphere of labor, as well as bringing to justice their violators.

The function of representing the interests of employees is directly enshrined in Art. 29 of the Labor Code, according to which the representatives of workers in social partnerships are trade unions and their associations, other trade union organizations provided for by the charters of all-Russian, interregional trade unions, or other representatives elected by workers in cases provided for by the Labor Code. In Art. Paragraph 1, paragraph 11 of the Law on Trade Unions combines these two most important functions of trade unions with their respective rights.

But, in addition to these two functions, trade unions also carry out cultural and educational function to educate its members in the spirit of patriotism and political function on their participation in elections of bodies of state power and bodies of local self-government.

The implementation of the protective function and the function of representing the interests of workers is facilitated by the social regulation of social relations that they enter into in the course of their activities. Relations with the participation of trade unions, as a rule, are regulated by various types of social norms (morality, tradition, etc.). However, legal regulation is also possible to ensure the representation and protection of the rights and legitimate interests of employees.

The limits of legal regulation of relations with the participation of trade unions depend on the state of social relations, the degree of their development, the socio-economic and political conditions in which they develop.