Our ActivitiesLabour relations play an important role in social development and almost every able-bodied individual is interested in them. Labour sphere is a complex process in which interests of employees and employers conflict with each other.
Social dialogue has not yet become a norm in labour relations of these parties. Both employers and employees do not understand the necessity to look for mutually acceptable solutions, they are not familiar with the norms of labour legislation and this becomes an obstacle in defending the rights of social partnership parties.
Social partners who are the main parties of collective labour disputes have to bear responsibility for establishing conditions allowing preventing and resolving conflicts in the framework of social partnership. One of the main tasks for social partnership parties is to create an effective mechanism of solving collective labour disputes.
Already in 1999 Moscow social partners recognized that it was necessary to improve the institution of pre-trial labour disputes settlement and to establish a specialized body in the city of Moscow. This norm was fixed in the Moscow tripartite agreement in 2001.
On 14 September 2001 the first Russian Labour arbitration court for collective labour disputes resolution was officially opened resulting from successful cooperation of the EU Tacis programme, the Moscow government, the Moscow association of trade unions, the Moscow association of manufacturers and entrepreneurs (employers), juridical board.
On 1 April 2202 the arbitration court was granted the status of a legal entity.
The legal status of the court is fixed in its statute: labour arbitration court for collective labour disputes resolution is an institution aimed at settlement of collective disputes that arise between employees and employers in the sphere of labour legal relationships.
That is, the activities of the established institution do not in any way intervene or substitute the activities of regular courts as well as arbitration courts of the RF.
Creation of the Labour Arbitration Court is targeted at legal and organizational support of activities in the sphere of establishing a system of control mechanisms in the framework of social partnership. These mechanisms concern observance of rights and legitimate interests of employees in organizations of different patterns of ownership. That is why one of the main objectives of the Labour Arbitration Court is to help social partners to use conciliation mechanism in case if a conflict arises.
Already now the Labour arbitration court can offer high qualification and quality of arbitration trial.
Regulation No. 5 passed on 15 August 2002 by the Department for collective labour disputes settlement and social partnership development of the Ministry of labour and social development of the RF confirmed a list of 50 arbiters.
Thus, the parties in conflict have an opportunity to choose by themselves labour arbiters they trust to settle their dispute from the offered list.
To help parties of social partnership, recommendations were prepared concerning consideration of labour disputes in the Labour arbitration court. The Rules of Procedures of conciliation for the Labour arbitration court were developed and confirmed.
The established Institution will provide assistance to disputing parties in creation of temporary labour arbitration with premises provision for its hearings. It will provide labour arbiters with the necessary office equipment and legal documents, render to the parties of collective labour disputes the necessary consultative assistance.
Thus, foundation of the Labour Arbitration Court for labour disputes settlement in Moscow is just the first step in creation of a system assisting parties of labour relations in resolution of collective labour disputes in the framework of social partnership. The results will be tangible only in case of constructive interaction of all social partnership parties that is the government, associations of trade unions and employers' associations.
To sum up it should be ascertained that presently the gained experience in collective labour disputes settlement was supported and it is necessary to fix it at the federal level.
In the State Duma active work is underway towards improvement of labour legislation and creation of labour code of practice.
On 1 June 2003 a new international project started named "Labour legislation and arbitration". The project will operate until 30 November 2005. The project is aimed at strengthening labour relations at all levels by further improvement of labour legislation, development of pre-trial systems of labour disputes resolution, promoting social dialogue and tripartite cooperation.
The project envisages the following:
* To support development of the Moscow labour arbitration court for resolution of collective labour disputes; to organize collaborate training activities; to analyze labour conflicts; to finalize the concept of pre-trial labour disputes settlement;
* To develop a new concept of pre-trial labour disputes resolution for both collective and individual conflicts as well as concurrent mechanisms such as conciliation, mediation and labour arbitration;
* To establish in two subjects of the Russian Federation Centres of pre-trial conciliation for settlement of collective and individual labour disputes.
The system of social partnership should be based on a developed and effective system of institutions of pre-trial labour disputes settlement. Such a system is aimed at reconciliation and harmonization of interests of social dialogue parties.
Activities aimed at creating legislative framework
Cooperation with the EU countries. Training for labour arbiters
Training of social partners
Practical work aimed at collective disputes resolution