Регулирование участия работников в управлении организациями на уровне отраслевых соглашений
The article is devoted to problems of sectoral collective bargaining agreement’s regulation of co-determination. In modern Russian studies on labor law this theme is almost not examined. Methodological foundation of research is constituted from general science methods and special methods, includes: formal logical, analytical, comparative legal, historical and other methods. Main aims of research are assessment of effectiveness of collective bargaining agreement’s regulation of co-determination and elaboration suggestions to improvement of legislation. Author appreciates critically applicable in labor legislation approach that implementation most of employees’ rights in the sphere of co-determination is only possible if procedures of social partners’ cooperation are regulated by sectoral collective bargaining contract, collective contracts and local normative acts. However, acts of social partnership solve this problem only in some sectors of the economy, such as mining and manufacturing industry, transport, car manufacturing. In addition, the lack of consistency between the norms of labor and civil legislation also impedes the exercise by employees of their rights to participate in the management of the organization. Thus, the stock transfer to employees provided for by the Federal Act of Joint-Stock Companies is not even mentioned among the forms of 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 collegial management bodies of legal entities, partially regulated by this chapter of the Labor Code of the Russian Federation, is absent in the legal acts governing the activities of legal entities. In this regard, it is proposed to introduce the necessary changes into civil and labor 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 of enterprises, organizations and institutions issued main local normative acts in common with employees. Modern Russian labor legislation provides for two methods of employees’ participation in drafting of local normative acts — via procedure of taking into account of employees’ representative body or via reconciliation. But second method is used if it’s indicated in collective contracts and agreements but absence of coordination between levels of collective bargaining agreement’s regulation impedes its usage. In conclusion of article author accentuates problem of declarative effect of the most rights in the sphere of co-determination and necessity of balance between state and contractual methods of regulation this sphere of social relations.