Nurseitova A.B.

4^th year student

Specialty: "International law"

International Relations Faculty

Al-Farabi Kazakh National University

Scientific adviser:

Candidate of Law, associate professor Tussupova A.Zh.

COLLECTIVE AGREEMENT AS THE BASIS OF SOCIAL PARTNERSHIP

Today the topic of labor relations arises only on the background of the individual episodes of social unrest and upheaval, occasionally appearing in the country because of delayed wages paid, bankruptcy. Mass - media today are more drawn to politics and economics than to the global challenges of labor relations.

All public authorities and public institutions of the republic is necessary to cover the depth and detail nation-wide labor problems (education, training and retraining, labor migration, unemployment) and also cover questions as the development of social partnership, including its ultimate objective and main task - effective regulation of labor relations in enterprises and organizations by entering into a collective agreement.

Social partnership (tripartism) - is widely used and recognized by the international community type of cooperation among government, trade unions and employers on the basis of equal partnership with goals like solving of social problems. The subject of negotiation and compromise is a complex of socio-economical and labor relations. [1]

According 7) paragraph 1 of Article 1 of the Labor Codex of the Republic of Kazakhstan, social partnership is a system of relationships between employees (representatives of employers), employers (representatives of employers), public authorities, aimed at ensuring the coordination of their interests in the regulation of labor relations and other relations directly connected with labor relations. [2]

An experience of many countries has shown that tripartite consultations and negotiations reduce social tensions in times when the partners are going through a difficult transformation.

Social partnership is a very important and urgent for the post-Soviet countries. Following the establishment of democratic political systems and the transition to a market economy, there have been significant changes. There has been a redistribution of responsibility between the state and employers. Began to act the factors contributing to the emergence and development of tripartism as the most effective way, allowing to combine in the development of the employment aspects of the strategy.

The world community has found the right way to resolve conflicts peacefully through the institution of social partnership - the Republican tripartite commission.

A new step in the further development of social partnership was the adoption of 18 December 2000 the Law "Social partnership in the Republic of Kazakhstan." [3]

With the introduction of the law in action, social dialogue has gained the status of an institutional mechanism for consultations and negotiations between representatives of the Government, workers and employers in the formation of public policy.

With the adoption of the new Labour Codex of Kazakhstan Institute of Social Partnership has found its continuation in Section 3, further reflection on the level of legislation, which will solve the acute social and labor and related economic problems on a routine basis, without bringing them to the social conflict at any level of partnership. [2]

Social Partnership in the Republic of Kazakhstan is aimed at solving the following tasks:

1) establishment of an effective mechanism for regulating social, labor and related economic relations;

2) promotion of social stability and social harmony on the basis of an objective consideration of the interests of all sectors of society;

3) assist in guaranteeing the rights of workers in the workplace, the implementation of social protection;

4) facilitate the process of consultations and negotiations between the parties of social partnership at all levels;

5) To promote the settlement of collective labor disputes;

6) develop proposals for the implementation of state policy in the field of social and labor relations. [2]

Participants of the social partners are employers and employees and their representatives. Specific ways to engage employees and employers related to the socio-partner, called as "a form of social partnership." This means of implementation of the social partnership, the specific interactions of its sides with a view to a harmonized regulation of labor and other relations directly connected with them. [2]

The social partnership is carried out in the forms of:

- Collective negotiation for preparation of collective agreements, agreements and contracts;

- Mutual consultations (negotiations) on the regulation of labor relations and other relations directly connected with them, guaranteeing workers' rights and the improvement of labor legislation and other normative legal acts containing norms of labor law;

- Participation of employees and their representatives in the management of the organization;

- Participation of representatives of workers and employers in labor disputes. [2]

The main legal form of implementation of the social partnership in the organization is a collective agreement.

In the current situation on the labor market, the main share of the fundamental problems with payment, regulation and labor protection are not governed by the Labour Code of the Republic of Kazakhstan shall be established by a collective agreement with the employer. Only a collective agreement (with the date of its signing and registration) acquires the status of a legal act in the form of a written agreement between the team of employees and an employer, a binding. Infraction of the conditions of the collective agreement entails measures of administrative and criminal penalties in accordance with the current legislation of RK. [4]

In addition, the collective agreement has a positive impact on the second side of labor relations - on the employer. If both sides of the collective agreement keep up a condition of agreemnet they becomes the guarantor of the survival and development of the enterprise, the guarantor of retention and social stability. [4]

The content and structure of the collective agreement between the parties in accordance with the concluded general, sectoral and regional agreements. Implementation of the collective agreement allows a maximum accuracy the real interests, capabilities and needs of the team, as well as to identify hidden reserves or shortcomings and in time to make adjustments. In some cases, a collective agreement is required for legal justification actions of the employer. For example, in establishing systems and wages and material incentives, protection and regulation of labor. The conclusion of the collective agreement and its current design allows to establish normal partnership relations with individual workers, and with the whole team. [5]

Despite of changes the problems in the sphere of social partnership is still a lot. In this regard, improving the system of social partnership is one of the most important tasks of the trade unions, representatives of workers and employers.

Legal acts of social partnership regulate labor relations, have a contractual basis: they create rights and obligations not only for persons who have concluded a collective agreement or an agreement, but also on the persons represented by them (individual employees or employers). This basic set of rights and obligations arise from the represented person.

Social partnership is the possibility of finding a compromise in issues without conflicts. It will be achieve when reached agreement on both sides on the improvement of working conditions, pay, safety. If one of the parties may be unable or unwilling to solve problems, legislation will become support. Today on the basis of social partnership, we can solve many problems of the staff, including impacting on the state of environment and safety, payment system and many other aspects of labor relations.

Literature:

1. Lisiev A. Social partnership: the Russian and foreign experience. Saratov article

2. Labour Code of the Republic of Kazakhstan in 2016 (from November 23, 2015 № 414-V)

3. Law of the Republic of Kazakhstan dated 18.12.2000 N 129-2 «On social partnership in the Republic of Kazakhstan", "

4. Fedossenko VA Collective rights: the concept, the essence, the legal nature, content and prospects // Lawyer. - 2002

5. Baeva Svetlana "The collective agreement as an independent legal institution: history and modernity" thesis work.