Volume 03 Issue 06-2023
81
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
81-84
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article is devoted to the issues of representation of employees and employers, who play a key role in labor
relations, social partnership, international legal documents regulating representation and social partnership,
experience of foreign countries and legislation are analyzed. The legal content of the models formed on social
partnership is highlighted. Attention is drawn to the fact that the national legislation of the EU member states is not
the same in the regulation of representation issues. Changes made to the national legislation of the Republic of
Uzbekistan in regulating the issue of social partnership are highlighted.
KEYWORDS
Representation, social partnership, trade union, convention, foreign experience.
INTRODUCTION
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. The principle "From a strong state to
a strong civil society" is being actively implemented in
our country, which provides for expanding the rights
and powers of civil institutions, as well as non-
governmental and non-profit organizations in
protecting human rights, freedoms and legal interests.
These processes require the development of mutual
dialogue and partnership between the government
and non-governmental organizations in solving issues
related to the life of the state and society, and
improvement of its legal foundations. It is important to
take into account the rules of conventions and
recommendations adopted by the International Labor
Organization (ILO) in the field of social partnership and
communication.
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
Research Article
IMPLEMENTATION OF INTERNATIONAL STANDARDS ON SOCIAL
PARTNERSHIP INTO NATIONAL LEGISLATION
Submission Date:
June 20, 2023,
Accepted Date:
June 25, 2023,
Published Date:
June 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue06-14
Makhmud Makhamatov
Assistant 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 03 Issue 06-2023
82
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
81-84
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
affect labor relations and, in turn, social partnership.
These are technological revolutions, demographic
processes, climate change and globalization. These
cases indicate the complexity of effective regulation of
labor relations today without the use of social
partnership.
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" within
the framework of the ILO is explained as follows:
"mutual cooperation of the government, employers
and employees (through their representatives) as
equal and independent partners in solving issues of
common interest."
The concept of social partnership was first mentioned
in ILO documents in the 1949 ILO Convention 98 "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].
In our opinion, regardless of how it is interpreted,
social partnership should include two important
aspects: the first is the presence of three main subjects
of the relationship: the state, the employee and the
representative of the employer, and the second is that
the object of the relationship should be focused on
working conditions.
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].
Volume 03 Issue 06-2023
83
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
81-84
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In addition, we can see that the following models of
social
partnership
have
been
developed
in
economically developed countries.
According to the American model, employees can
participate in the management of the organization.
This implies that the employee participates in both the
management and ownership of the enterprise where
he works. Participation can take many forms, from
forming a problem-solving team to electing employees
to the board of directors. In the American model,
works councils are widespread, and include
representatives of all employees: from ordinary
workers to top managers. Their goal is to jointly
develop and make decisions that take into account the
interests of all groups in the enterprise as much as
possible.
The German model of social partnership is based on a
system of national and corporate solidarity, which is
supported by the formation of appropriate financial
mechanisms
(for
example,
social
insurance).
Participation in social funds is mandatory for both the
employer and the employee, and all this is regulated by
the state. The German model is based on mutual
obligations of employees and employers, and the
person who works more, earns more and pays social
contributions is considered better off. The state
determines all the basic conditions of employment of
employees.
The Anglo-Saxon model of social partnership assumes
that business, first of all, pursues its economic and
financial interests, the company's profit, and the
solution of social problems of employees is not based
on legislation, but in accordance with the codes of
companies
and
business
associations.
Social
partnership and solving social problems of employees
depend on traditions in the business community,
ethical principles of employers [5].
It should be noted that 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 relationship
between these three structures is called "tripartism".
The ILO also notes that in the implementation of the
tripartism principle at the national level, state bodies
have an obligation to promote cooperation between
employers' and workers' organizations in the
implementation
of
legislation
aimed
at
the
implementation of the provisions of the Convention or
in the development and implementation of national
policies [6]. Based on the above, it is appropriate to
reflect the concept of social partnership, its
implementation forms and principles in the labor
legislation. This, in turn, serves to further strengthen
the legal process of implementing the provisions of the
144th Convention on Trilateral Consultations of the ILO
ratified by the Republic of Uzbekistan.
REFERENCES
1.
Social dialogue and tripartism. ILB. 2018.
–
P. 5-6.
2.
Lutokhina E. Social partnership and its models in
foreign countries (experience and lessons)
//Belarusian Journal of International Law and
International Relations. No. 1/2003. [Electronic
resource:
http://evolutio.info/content/view/616/54/]
Volume 03 Issue 06-2023
84
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
81-84
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
3.
Law of the Republic of Uzbekistan on social
partnership. No 376, 2014. Collection of legal
documents of the Republic of Uzbekistan, 2014,
No. 39, Article 488.
4.
Labor Code of the Russian Federation, article 23.
http://www.trudkod.ru/chast-2/razdel-2/glava-3/st-
23-tk-rf
5.
Kolesnikova
N.A.,
Nesterov
Yu.A.
Social
partnership in modern Russia // Socio-economic
and humanitarian journal of the Krasnoyarsk State
Agrarian University. 2018. No. 1. - P. 122.
6.
Tripartite Consultations: International Labor
Standards. ILB, Geneva. 2000.
–
P. 6.
7.
Махаматов, М. (2020). Осуществление принципа
свободы
ассоциации
в
законодательстве
Узбекистана.
Обзор
законодательства
Узбекистана, (3), 86
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