Activities aimed at creating legislative framework

Relations between the parties of social partnership are regulated by the norms of the Labour Code of the RF. Considerable experience of signing and implementing general, sectoral and territorial agreements, collective contracts was accumulated. Many social problems are solved on the contractual basis.

The Labour Arbitration Court was the initiator of including a new provision in the General Agreement between the All-Russian Employers' Association and the RF Government for the years 2002-2004. The provision concerned assistance to The Labour Arbitration Court by the parties of social partnership for collective labour disputes settlement.

In the framework of the system of social partnership The Moscow Tripartite Commission prepared amendments to the draft law "On amending the Law of the city of Moscow No. 44 adopted on 22 October 1997 "On social partnership."

The Labour Arbitration Court took an active part in this work. The Moscow Government introduced the draft law to The Moscow City Duma. In May 2004 The Moscow City Duma passes the law "On amending the Law of the city of Moscow No. 44 adopted on 22 October 1997 "On social partnership."

The law was supplemented with an article allowing social partners creating specialized organizations for pre-trial consideration of collective labour disputes.

The Moscow Tripartite Agreement stipulates responsibilities of the parties - social partners - in case of collective labour disputes. They should considered by the institution and its recommendations should be executed.

Trade unions and employers' associations are introducing similar provisions in their sectoral agreements.

In compliance with article 404 of the Labour Code of the RF social partners pass a collective labour dispute to the Labour Arbitration Court in case of a signed agreement.

Forty per cent of Moscow enterprises stated in their collective contracts that they agree to forward collective labour disputes for consideration by The Labour Arbitration Court.

The Moscow tripartite agreement, district (okrug) agreements for the year 2004 were supplemented with a provision concerning assistance to the Labour Arbitration by the parities of social partnership and collaborate work aimed at generalizing and disseminating experience of collective labour disputes settlement and involving specialists of Labour arbitration court for collective labour disputes resolution.