Volume 04 Issue 01-2024
86
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
86-90
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The present paper addresses the issues of representation of employees and employers, which are key actors of labor
relations and social partnership and analyzes international legal acts regulating representation and social partnership,
experience of foreign countries and their legislation. The legal content of the models formed on social partnership is
discussed. The regulation of Representative Issues focuses on the fact that the national legislation of the member
states of the European Union is also not the same. Amendments to the national legislation of the Republic of
Uzbekistan have been covered in the regulation of the issue of social partnership.
KEYWORDS
Representation, social partnership, trade union, convention, foreign experience.
INTRODUCTION
The historical processes of improvement of labor
relations, democratization, development of social
dialogue and cooperation led to the formation of the
legal basis of the representation of labor relations
participants and the social partnership between them.
Today, the Republic of Uzbekistan is leading the way to
building a legal democratic state, a free civil society,
which includes a system of developed independent,
stable civil institutions, supported by a wide segment
of the population. In turn, attention is being paid at the
government level to the introduction of effective
mechanisms to regulate labor relations and protect the
interests of employees and employers. In particular,
item 37 of the state program for the implementation of
the development strategy of New Uzbekistan for the
period of 2022-2026 in the year "Glorification of human
dignity
and
active
neighborhood"
stipulates
"Development of effective mechanisms for the
protection of labor rights of employees in the civil
service of the state" [14]. This creates the need to
improve the activities of representative bodies of
Research Article
REGULATION OF THE REPRESENTATION OF EMPLOYEES AND
EMPLOYERS AT THE INTERNATIONAL AND NATIONAL LEVEL
Submission Date:
January 16, 2024,
Accepted Date:
January 21, 2024,
Published Date:
January 26, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue01-15
Makhmud Makhamatov
Associate Professor Of The Department Of International Law And Human Rights, Tashkent State University Of
Law, Doctor Of Philosophy (Phd) In Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 01-2024
87
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
86-90
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
employees, to study the experience of foreign
countries.
Noting that the labor sector has undergone a number
of changes in the last decade, the ILO enumerates its
major factors [1]. It is noted that four of them directly
affect labor relations and, in turn, social partnership.
These are technological revolutions, demographic
processes, climate change and globalization [12]. These
cases indicate the complexity of effective regulation of
labor relations without the use of social partnership
today.
The main task of social partnership is to form a
mechanism for collective contractual regulation of
social and labor relations based on respect for the
interests of employees, employers and the whole
society, using the advantages of the negotiation
process and agreement procedures.
Social dialogue includes negotiations, discussions and
exchanges of information between representatives of
the government, employers and employees on social
and economic issues representing common interests.
Social dialogue, on the other hand, is the core of the
ILO's activities, and it is reinforced in all ILO
conventions, recommendations, and the Decent Work
Program. Most provisions of the Convention and
Recommendation require direct consultation with the
social partners.
The fact that the first priority of the country's Decent
Work program adopted by the Republic of Uzbekistan
and the ILO is called "Strengthening social partnership
in Uzbekistan for the implementation of basic
principles in the field of labor" shows the importance
of this process.
Within the framework of the ILO, the structures that
cooperate on the basis of the principle of tripartism,
the representation of the government, employers and
employees, are used in ILO practice with the term
social partnership. The concept of "tripartism" is
interpreted as follows: "mutual cooperation of the
government, employers and employees (through their
representatives) as equal and independent partners in
solving issues of common interest" [11]. The concept of
social partnership was mentioned for the first time in
ILO documents in ILO Convention 98 of 1949 "On the
Application of the Principles of the Right to Organize
and Conduct Collective Bargaining", to which
Uzbekistan is a participant.
Two different approaches to the concept of "social
partnership" can be seen in the literature. The first of
them explains the conflict as a way of regulating social
and labor relations, while the second one evaluates it
as a complex multifaceted social process [2].
According to the Law of the Republic of Uzbekistan on
Social Partnership, adopted on September 25, 2014 -
Social partnership is the implementation of social and
economic development programs of the country,
including network, regional programs, as well as
normative legal documents and citizens' rights and
cooperation in the development and implementation
of other decisions related to their legal interests [3].
However, if we pay attention to the fact that the
concept of tripartite social partnership used in the
framework of cooperation with the ILO covers the
government, employers and trade unions, this concept
is broadly interpreted in the above law, and labor
issues are not specifically mentioned in this concept.
If we pay attention to the experience of foreign
countries, the concept of social partnership used in the
field of labor relations is directly included in the labor
code [4]. In addition, we can see that various models of
social
partnership
have
been
developed
in
economically developed countries[5].
Volume 04 Issue 01-2024
88
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
86-90
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Based on the above, the meaning of the phrase "social
partnership" implies the implementation of joint
activities of the subjects of labor relations. More
broadly, the term refers to consultation and
cooperation between employees and employers at
various levels in an enterprise to determine mutually
acceptable terms of employment and remuneration.
The subjects of social partnership in labor relations are
employees, employers and the state. The interaction of
these three structures is called "tripartism".
The Labor Code of the Republic of Uzbekistan includes
the concept of social partnership, according to which
social partnership in the field of labor is a system of
mutual relations between employees, employers, their
representatives, state bodies in the form of their
representatives, and this system includes individual
labor relations and social relations directly related to
them and will be aimed at ensuring the coordination of
the interests of employees, employers and the state in
relation to regulatory issues [6].
The Labor Code of the Republic of Uzbekistan defines
the levels of social partnership in the field of labor,
according to which the primary, regional, branch, and
republican levels are distinguished.
Social partnership at the primary level has a twofold
nature. In this case, the labor team and the employer
are the parties of social partnership at the initial level.
It is the representatives of employees and employers
who participate in various forms of social partnership
at different levels, and their actions have legal
consequences for employees and employers. In this
regard, the study of issues related to the
representation of employees and employers in social
partnership relations, the organizational and legal
formalization of their powers, and the regulation of the
legal status of representatives is of great importance in
the formation of the appropriate legal mechanism of
social partnership and the effectiveness of social
dialogue.
It can be seen from the above that social partnership
can be implemented on the basis of bilateralism
(bipatrism), in which the employee and the employer
participate as the main participants of this relationship.
Scientists who have conducted research on this topic
believe that the relations that arise within the
framework of social partnership are legal relations
according to their description, therefore, it is
appropriate to use the category of "subject" in relation
to the parties of these relations and their
representatives [7].
If we pay attention to the experience of foreign
countries, as a result of the development of private
legal principles in the regulation of labor relations, the
direct participation of the state in social partnership
relations will decrease, in turn, its role in the legal
regulation of social partnership relations will increase.
In Germany, the social partners exempt the state from
regulating working conditions, since it is considered
incapable of taking into account all the characteristics
of the labor process in a particular enterprise. The state
is tasked with setting minimum standards in the legal
regulation of labor and protecting it, and social
partners implement their relations based on these
standards [8].
Research shows that workplace representation in
Europe has a mixed character, with representation
defined in some places by trade unions, works councils,
and in some by a combination of both bodies.
However, in many countries trade unions are
numerically superior [9].
Volume 04 Issue 01-2024
89
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
86-90
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The importance of international norms related to social
partnership is, first of all, that they define the main
principles of social partnership, and they are the legal
basis for the regulation of relations in this area by
legislation, and for the implementation of social
partnership in various forms. This situation means that
in the legal regulation of labor relations, it is necessary
to widely apply the international legal standards, as
well as the norms established in the ILO conventions
and the provisions of the fundamental conventions
that have not been ratified.
The activity of the International Labor Organization in
the field of international legal regulation of labor
consists of mutual consultation, as well as cooperation
between state bodies and the main stakeholders -
workers and employers [13].
The ILO's Right to Collective Bargaining and
Association Convention 98 of 1949 provides for the
protection of trade union members against anti-union
discrimination, the protection of employers' and
workers' organizations from mutual interference, and
measures to facilitate collective bargaining.
According to Convention No. 158 of 1982 on
Termination of Employment at the Initiative of the
Employer, membership in a trade union, participation
in trade union activities outside of work hours or during
work hours (with the consent of the employer),
expressing a desire to be a representative of
employees, performing the functions of employee
representatives - labor relations under the law there is
no reason for termination.
The mentioned conventions have confirmed that the
state authorities should not limit this right or prevent
its implementation. At the same time, issues of
freedom of association, protection of trade unions
from discrimination, interference of employers' and
employees' organizations, as well as protection of
trade union independence from control and
interference by employers and their unions are gaining
importance.
ILO also notes that in implementing the principle of
tripartism at the national level, state bodies have an
obligation
to
promote
cooperation
between
employers' and workers' organizations in the
development and implementation of national policies
or the implementation of legislation aimed at
implementing the provisions of the Convention [10].
Based on the above, it can be said that the
representatives of employers and employees are the
main participants in the implementation of social
partnership. Social partnership plays an important role
in regulating labor relations and protecting the
interests of employers and employees. The experience
of foreign countries and European Union member
states in regulating the issue of social partnership and
representation is also not the same. In this sense, it is
appropriate to fully apply the international legal norms
regulating representation issues to the national
legislation, taking into account the national
characteristics.
Improving
the
regulation
of
representation and social partnership issues serves to
further strengthen the legal process of implementing
the provisions of the 144th Convention of the ILO on
Trilateral Consultations ratified by the Republic of
Uzbekistan.
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Social dialogue and tripartism. MBT. 2018.
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Volume 04 Issue 01-2024
90
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
86-90
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
resource:
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