Ways to resolve labor conflicts. Features of conflicts in labor collectives and ways to resolve them

Collection output:

LABOR DISPUTES AND LABOR CONFLICTS AS LEGAL CATEGORIES AND WAYS OF THEIR RESOLUTION

Kholodionova Yulia Vladimirovna

cand. legal Sciences, Associate Professor of the Department, TGAMEUP, Tyumen

INDUSTRIAL DISPUTES AND LABOUR CONFLICTS AS LEGAL CATEGORIES AND METHODS OF ITS SOLUTION

Yuliya Holodionova

Candidate of legal sciences, assistant professor of Tyumen State Academy of International Economy, Management and Law, Tyumen

ANNOTATION

This article will consider the relationship between the concepts of "Labor dispute" and "Labor conflict", as well as explore ways to resolve them, including through the mediation procedure.

ANNOTATION

There is a correlation between notion of industrial dispute and notion of labor conflict considered in the article as well as possible methods of solution are examined, including mediation.

Keywords: labor disputes; labor conflicts; court; solution; mediation procedure.

key words: industrial disputes; labor conflicts; court; court judgment; mediation.

Article 37 of the Constitution of the Russian Federation recognizes the right of a person and a citizen to individual and collective labor disputes using the methods of their resolution established by federal law, including the right to strike.

Labor legislation does not define the concept of "labor dispute", establishing rules for resolving certain types of labor disputes. At the same time, since the beginning of the twentieth century, this category has always been the object of close attention of the science of labor law.

One of the primary goals of the development of any science is to ensure the clarity and clarity of its conceptual apparatus. In this aspect, it also makes sense to start studying the problems of labor disputes by establishing the real content of key categories. Determining the content of the concept of "labor dispute", in turn, requires a preliminary clarification of the meanings of several different terms.

The dictionary of the Russian language as the main characteristic of the concept of "dispute" uses an indication of a verbal competition, a discussion of something in which everyone defends their opinion, and also defines it through a mutual claim to own something, resolved by the court.

The key word in understanding the dispute is competition, which is a kind of competitive activity of people, the purpose of which is the desire of each of them to surpass the other in something. The verbal form, which is emphasized in this meaning of the dispute, is not the only, but only one of the possible ways of the existence of the dispute. For example, in certain legal systems, disputes are quite widespread, which are held in writing through the exchange of documents without verbal debate between the parties.

At the heart of the dispute is the upholding of its own opinion by each participant. Thus, the dispute is defined in this case as a certain form of active activity of people, the purpose of which is the desire of each of them to defend their own opinion. These opinions are not identical, moreover, they do not coincide and contradict one another. After all, if they coincided, then, presumably, there would be no dispute at all, since there would be no motive for competition and the desire of people to surpass each other. In other words, a dispute is a verbal contest, oral or written debate, in which each side, refuting the opponent's opinion, defends its own. It follows that the genesis of the dispute lies not simply in the own opinion of this or that person, but in the absence of agreement, or in disagreement of opinions regarding something, i.e., in a discrepancy or, more precisely, in a clash of opinions of at least two subjects , each seeking to outdo the other based on their own opinions.

It is in this understanding that the category of dispute is related in its content to the term "conflict" (Latin - conflictus), which, when translated into Russian, also means clash, struggle, battle. A conflict, unlike a dispute, usually means a clash of not just opposite, but rather irreconcilable interests or views of people at the moment, that is, a very serious disagreement, a very sharp dispute, resolved by them with the help of an open struggle. Thus, it can be stated that from a semantic standpoint, the term "conflict" actually means only one type of dispute and therefore, as part of the whole, in principle, cannot be considered a synonym for the broader concept of "dispute".

From a similar position, the content of the term "conflict" is considered not only in philology, but also in a number of other social sciences. For example, in sociology, conflict refers to an open struggle between individuals or their groups in a society or between nation-states. This kind of conflict often arises from competition for access to or control of insufficient resources or capabilities.

In economic science, conflict is defined as a clash of opposing interests, views; serious disagreement, sharp dispute.

In psychology, a conflict is defined as a clash of two or more strong motives that cannot be satisfied at the same time. Psychologically, the conflict is connected with the fact that the weakening of one motivating stimulus leads to the strengthening of another, which causes the need for a new assessment of the situation.

In the literature on general conflictology, conflict is considered as one of the forms of interaction between people, social groups, communities and institutions, in which the action of one side, faced with the interests of the other, prevents the realization of its goals. Social conflict, in turn, is interpreted as a phenomenon, the content of which is the process of development and resolution of the inconsistency of relations and actions of people, determined primarily by the objective laws of the socio-economic development of societies or as “a manifestation of objective or subjective contradictions, expressed in the confrontation of their carriers ( sides).

Along with the above, a social and labor conflict is defined as a clash of subjects operating in the field of labor relations, caused by the opposition of their interests, when one or both parties involved resort to actions that go beyond the usual, normal relations, sometimes even beyond the existing legal order with to give publicity, to satisfy the disturbed interest, to attract the attention of the public, to put pressure on the other side, these or those governing bodies, on the whole society.

Finally, legal science operates with the concept of "legal conflict", which is defined as a kind of social conflict, considered as a confrontation between two or more subjects and due to the opposition (incompatibility) of their interests, needs, value systems or knowledge.

Thus, in the rank of an interdisciplinary category, a conflict must actually be interpreted as a sharp dispute, i.e. a fairly serious disagreement, manifested as an open clash of opposing motives, opinions, views or interests of people. In this general social meaning, conflict, of course, is not a synonym for the general concept of a dispute and, in fact, acts as its special variety.

A special place in a number of disputes is occupied by disputes in the proper legal sense of the word, which are characterized by certain distinctive features.

The first of these signs is the basis of the dispute, which is not any disagreement, but only one that has a very specific legal meaning, expressed in a specific subject of disagreement. In essence, the subject of such a disagreement is the scope of ownership of the participants in specific social relations. In most cases, such disagreements arise in the relationship of subjects of substantive law, already connected by specific legal relations and, therefore, having a certain set of rights and obligations in relation to each other. The desire to change the ratio of rights and obligations that fill this complex on the side of a particular subject, as a general rule in favor of increasing the scope of rights and reducing the number of obligations, is the legal basis for these disputes.

The second sign of a dispute in the proper legal sense of the word is the transition of its subjects to the resolution or settlement of their disagreement within the framework of formalized procedural legal forms or legally binding or recommended procedures. In this situation, the parties to the disagreement become subjects of the relevant procedural or procedural legal relations and acquire specific rights and obligations characteristic of the subjects of these relations.

Thus, labor disputes in the proper legal sense of the word should include only those disagreements of a legal nature that arose between the subjects of labor law and became the subject of resolution or settlement carried out within the framework of normative and regulated procedural forms or legal procedures.

At the same time, this definition, being overly general, needs to be specified using the tools that have been developed in the science of labor law.

First, since any clash in the social sphere is a clash of people, groups, entities, the question of the subjects of the dispute is one of the main ones in determining the essence of labor disputes.

Often, a labor dispute is viewed as a disagreement between the parties to an employment relationship. At the same time, it is obvious that disputes of a labor law nature can arise not only within the framework of direct labor relations. An example of such disputes is disputes arising from organizational and managerial relations, including disputes related to the establishment of working conditions, disputes over employment, etc. The subjects of these disputes, as a rule, do not coincide with the subjects of an employment relationship. Consequently, all subjects of labor law can be considered as subjects of labor disputes.

Secondly, it should be noted that when determining the subject of labor disputes, the use of the term “disagreements” has become classic.

Labor relations are characterized by the opposition of the interests of their parties, the contradictions between which exist objectively and constantly, acting as the basis for the emergence of labor conflicts. However, disagreements between the parties do not always arise, and even if there are fundamental contradictions between the interests of employees and the employer, these relations can develop without conflict.

It can be stated with complete certainty that disagreements between the parties to labor relations that have opposing interests arise at a certain stage of their interaction. These disagreements take place, as a rule, on any specific occasion, their subject is the specific fact of the application of established working conditions, differently evaluated by the parties to labor or closely related relations, or a specific working condition proposed for establishment by one of the subjects of the contract. regulation of labor relations and rejected in whole or in part by another (others).

Often, when defining the concept of "labor disputes", it is emphasized that the disagreements that are the subject of such a dispute should not be settled by the disputing parties themselves. In relation to this position, it should be noted that from the point of view of the Russian language, “disagreement” means the lack of agreement due to dissimilarity in opinions, views, contradiction, inconsistency, and “settlement” means streamlining, establishing, directed development of something with the goal of put in order the system. Accordingly, disagreement can be viewed as a lack of orderliness, systemic relationships. Therefore, settled disagreements simply do not exist, which was noted back in 1974 by S.A. Goloshchapov and V.N. Tolkunov.

In addition to disagreements that are the subject of a labor dispute of one kind or another, disagreements may arise between the subjects of labor law that are not related to their relationships in the field of labor and directly related relations. For example, in practice there are disagreements between the trade union organization and the employer related to the conditions for the employer's non-cash transfer of trade union membership dues to the bank account of the trade union organization. Although this dispute arises between the subjects of labor law, it is of a civil nature and is considered according to the rules established by the arbitration procedural legislation.

Of particular importance is the correct distinction between labor and corporate disputes considered by arbitration courts on the basis of Ch. 28.1 APC RF. The latter include disputes related to the appointment or election, termination, suspension of powers and liability of persons who are or were members of the management and control bodies of a legal entity, as well as disputes arising from civil legal relations between these persons and a legal entity in connection with with the exercise, termination, suspension of the powers of these persons; disputes about appealing decisions of the governing bodies of a legal entity.

Disagreements between the subjects of labor law regarding the application of existing working conditions or the establishment of new working conditions can be resolved without any participation of the jurisdictional authorities by the parties themselves, and not only in the manner prescribed by law, but also using other methods not directly regulated by the current legislation. Therefore, it is possible to argue that labor disputes can be resolved in a manner that does not contradict the law.

It seems that in order to understand the essence of the category “labor disputes”, it is quite enough to indicate the characteristics of the essence of the concept (“disagreements”), the subjects of a labor dispute, and the types of disagreements that may arise between the subjects of the dispute.

Based on the foregoing, the following definition of a labor dispute can be proposed: a labor dispute is a disagreement that arises between the subjects of labor law regarding the application of existing working conditions or the establishment of new working conditions, resolved in a manner that does not contradict the law.

The purpose of initiating a dispute about the right is to protect the subjective right belonging to one of the subjects of the dispute. Such labor disputes are the result of violation of the employee's labor rights, causing harm to the employer by the employee, as well as the employee's assumption about the violation of his rights by the employer.

When resolving these labor disputes, the labor rights of the employee are protected or the legitimacy of the employer's actions is ascertained. The resolution of labor disputes about the right is carried out by an authorized body (primarily a court) at the request (claim) of a person who believes that his right has been violated, which indicates their nature of action.

The main purpose of the dispute about interest is the acquisition by its initiator of a new subjective right that did not previously belong to him. These disputes arise regarding the establishment of new or changes in existing working conditions, including the conclusion and amendment of collective agreements and agreements. They are based on future labor rights and obligations of subjects of labor law. In this case, there is no violation of labor rights (both real and alleged), and the conflict arises over the implementation of the legitimate interests of the parties, which can be satisfied by establishing new or changing existing working conditions.

When resolving these labor disputes, the parties acquire new labor rights or modify existing labor rights, thereby realizing their interests. Realization of the interests of the parties to a labor dispute is most realistic when a balance of their interests is achieved.

The resolution of such labor disputes is carried out by reaching an agreement between its parties. Such an agreement can be reached both as a result of direct interaction between the parties, and by submitting the dispute by the parties for consideration by a third (independent of each of the parties) person. Therefore, these disputes are usually referred to as non-claim.

A dispute related to monetary claims, for example, having the collection of wages as its subject, in fact also acts as a kind of property disputes. In the same case, when a labor dispute is associated with a requirement to perform certain actions (pursues the goal, for example, of changing the wording of the reason for dismissal), it no longer has a property character. Often there are labor disputes that have as their object claims of both a non-property and property nature (for example, a requirement to be reinstated at work with payment for forced absenteeism).

In some cases, different terminology is used to characterize the same disputes. Disputes related to the receipt of any benefits that can be quantified with the help of money are called economic, and disputes that do not have such an assessment are called non-economic.

In order to resolve labor disputes in cases where the parties themselves could not resolve the legal disagreement that arose between them in a civilized society, the methods provided for by law for the settlement or resolution of labor disputes are used, which exclude the disordered and uncontrolled struggle of the conflicting parties that is dangerous for society. These methods include legal dispute resolution procedures and procedural forms of their resolution.

The subjects of dispute settlement are usually the disputing parties themselves, who are obliged to perform a series of sequential actions that make up the content of the so-called conciliation dispute settlement procedure.

The subject of dispute resolution, as a rule, is a “third-party” body for the disputing parties, which, by virtue of law, has the authority to resolve the dispute in the so-called jurisdictional procedure, which is the content of the procedural form of dispute resolution.

The subject of dispute resolution within the framework of procedural forms, as a general rule, is the court, for the resolution of which disagreements are transferred. At the same time, some categories of labor disputes have a pre-trial resolution procedure, which in any case does not exclude the judicial one.

From this point of view, labor disputes can also be classified according to the jurisdiction in their resolution to certain bodies. From this point of view, it is necessary to distinguish three categories of labor disputes:

1) resolved in court;

2) settled out of court;

3) permitted in a mixed manner.

An example of labor disputes of the first category can serve as labor disputes about dismissal, resolved exclusively in court.

An example of the second is collective labor disputes settled exclusively out of court within the framework of conciliation and arbitration procedures.

An example of the third is certain categories of individual labor disputes that are resolved both in a pre-trial procedure, for example, by initially applying to the CCC, and in court, either when appealing a CCC decision that does not suit one of the disputing parties, or by directly filing a claim directly with the court.

At present, the procedure for considering individual labor disputes has one significant drawback - the inevitable subjective approach of the judge, because it is no secret to anyone that the current labor legislation suffers from the ambiguity of its norms, which makes it possible for the law enforcer to interpret them in a way that is beneficial to him. The federal judge, considering the dispute alone, one way or another, makes a decision on the basis of legal norms, read by him from the standpoint of only one side.

It should be noted as a promising way - an alternative form of conflict resolution - mediation procedures, with the participation of a third neutral, impartial, not interested in this conflict party - a mediator, which helps to restore and then strengthen direct ties between the conflicting parties in order to develop a specific agreement on conflicting parties. dispute.

The essential principle of mediation is that only a solution worked out by their joint efforts can satisfy the interests of the parties, therefore the willingness of the parties to actively participate in the search for a solution to the conflict situation, such a solution that will satisfy everyone, is important.

The best prerequisite for mediation is when the parties to the conflict cannot influence the process based on their position of power, when they do not have an advantage based on the law.

Thus, the concept of “Labor dispute”, used in the Labor Code of the Russian Federation, justifies its name and an appropriate regulatory framework has been formed for it, which, if it occurs, can streamline and restore the rights of the disputing parties.

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Resolution is the final stage of the conflict process. It is carried out either through a change in the objective situation, or through a psychological restructuring of the subjective image of the situation that has developed among the warring parties. In both cases, a twofold resolution of the social conflict is possible - complete and partial. Complete resolution means the cessation of the conflict at the level of external and intrapersonal confrontation, when the "image of the enemy" is transformed into the "image of the partner", and the focus on the struggle is replaced by an orientation towards cooperation. With a partial resolution of the conflict, only open conflict behavior disappears, but the internal motivation to continue the struggle remains, restrained by willpower, weighty arguments, or fears of third-party sanctions.

An example of a complete resolution of a labor conflict is distancing"opponents" who worked in one team, by transferring one of them to another. With limited resources - as an object of confrontation - finding additional means (financial, organizational, informational) that reduce social dissatisfaction leads to a complete solution. Partial removal of the severity is carried out by imposing administrative sanctions on one or both sides of the conflict. However, this type of imperious influence does not give the desired effect.

Possible ways of solving social conflicts in the field of enterprise management.

The most effective and promising:

Based on the labor rights of workers (as participants in the process of production of goods and services):

a) introduction of changes and additions to the traditional model of the collective agreement (charter of the enterprise), aimed at expanding the scope of the rights of employees in the field of production management and distribution of its results, established by the legislation of the country;
b) establishment of workers' control;
c) the creation of the so-called supporting structures of industrial democracy in the form of incubators, advisory services, a system of economic education for workers, and some others that have proven themselves in many countries.

On the basis of property rights (the rights of shareholders, shareholders of their enterprise):

a) consolidation of individual shareholdings of employees;
b) inclusion in the charter of the enterprise of the Regulation on the establishment of the Fund for corporatization of employees of the enterprise;
c) buying shares from employees-shareholders who left the enterprise on favorable terms for them;
d) development of systems and mechanisms of motivational incentives that encourage external shareholders, as well as shareholders from among the former employees of the enterprise, to convert their shares from the category of ordinary (voting) to the category of preferred ones;
e) transfer on a trust basis of shares owned by employees, and thus the right to vote to their trustee at a general meeting of shareholders, in other enterprise management bodies;
f) sale of employees' shares to outsiders with social and investment conditions: carrying out technical re-equipment and reconstruction of production, maintaining jobs, indexing wages in accordance with the level of inflation, improving the skills of employees, improving the system of labor protection and health of employees, etc.

There are several fairly universal principles of conflict management:

1) institutionalization of the conflict, i.e. establishment of norms and procedures for the settlement or resolution of the conflict. Typically, institutionalization includes:
1. prohibition on the use of violent means;
2. limiting the number of participants and areas of manifestation of the conflict;
3. the adoption by all parties of certain rules for resolving the conflict - organizational and ethical standards, clear agreements, etc.;
4. control by third parties (state bodies, arbitrators, etc.);
5. legitimization of the conflict resolution procedure, i.e. recognition by all its parties of the legitimacy and fairness of a certain procedure for resolving the dispute;
6. structuring conflicting groups, i.e. determination of the composition of the participants in the conflict;
7. reduction of the conflict, i.e. its consistent weakening by transferring to a softer level of confrontation or confrontation.

The manner in which people behave in a conflict coincides in meaning with the way it is resolved. The graphical grid of Thomas-Kilmenn reflects five ways of settlement: evasion, accommodation, confrontation, cooperation, compromise.

Determination of a strategy for resolving a particular conflict is associated with the choice of a method of action that is equivalent to the style of conflict behavior. At the same time, a number of significant circumstances have to be taken into account, which in one way or another come down to the use of incentive measures, including persuasion and coercion.

Firstly, the main task in settling any conflict is to give it, if possible, a functionally positive character, to minimize the inevitable damage from the negative consequences of confrontation or sharp confrontation. Such a result is achievable if the parties to the conflict show an honest and benevolent approach to resolving their differences, a common interest in this, if they make joint efforts to find a positive solution based on consensus, i.e. stable, stable agreement of all parties.

With consensus, it is not at all necessary that the general agreement be unanimous - a complete coincidence of the positions of all participants in the conflict settlement process. It is enough that there is no objection from any of the opponents, because the consensus is incompatible with the negative position of at least one of the parties participating in the conflict.

Secondly, a twofold outcome of a particular conflict is possible - its full or partial resolution. In the first case, an exhaustive elimination of the causes that caused the conflict situation is achieved, and in the second case, there is a superficial weakening of disagreements, which over time may again reveal themselves.

When fully resolved, the conflict stops both on the objective and subjective levels. The conflict situation is undergoing cardinal changes, its reflection in the minds of opponents means transformation, the transformation of the "image of the enemy" into the "image of a partner", and the psychological attitude to fight, opposition is replaced by an orientation towards reconciliation, consent, partnership cooperation.

Partial resolution does not eradicate the causes of the conflict. It, as a rule, expresses only an external change in conflict behavior while maintaining an internal motivation to continue the confrontation. The measures taken are aimed at persuading or forcing the conflicting parties to stop hostile actions, to exclude someone's defeat, and to point to means that promote mutual understanding.

Thirdly, an individual or a social group, correlating the interests of the conflicting parties and the parameters of their behavior, chooses a priority method for resolving the conflict, the most accessible and acceptable under the given conditions. It is necessary to understand that not every style, and therefore a method, is suitable for a particular situation. Each of the methods is effective only in resolving a certain type of conflict.

The method of confrontation is often chosen by participants in collective labor disputes, local and general social conflicts. Often they bring their disagreements with employers on social and labor issues to an extreme form - strikes, using the threat of causing significant economic damage, as well as psychological pressure through rallies, demonstrations and hunger strikes, putting forward political demands on the authorities, etc. Cooperation is a very effective way of resolving conflicts in organizations, which allows, through open collective discussion, mutual agreement, to achieve the satisfaction of the interests of the conflicting parties.

A common way to resolve conflicts is through compromise. In particular, this is due to the fact that our time is characterized by an increased dynamism of events and a close conjugation of social forces. A certain balance and balance are required, an indispensable consideration of both what leads to rapprochement towards cooperation, and what violates partnership relations, gives rise to competition, confrontation and aggravation of conflicts.

Fourthly, the conflicting party can, under certain conditions, use not one, but two or three or even all methods of resolving the conflict. This circumstance also confirms the fact that none of the five styles of behavior in conflicts, methods of their resolution can be singled out, recognized as the best and, accordingly, as the worst. The main thing is that you need to acquire the ability to use any of the methods with benefit, to consciously make this or that choice, based on a specific conflict situation.

Explain job requirements. One of the best management techniques to prevent dysfunctional conflict is to clarify what results are expected from each employee and department. Parameters such as the level of results to be achieved, who provides and who receives various information, the system of authority and responsibility, as well as clearly defined policies, procedures and rules, should be mentioned here. Moreover, the leader clarifies all these issues not for himself, but so that his subordinates understand well what is expected of them and in what situation.

Coordination and integration mechanisms. Another method of managing a conflict situation is the use of a coordination mechanism. One of the most common mechanisms is the command chain. As Weber and representatives of the administrative school noted long ago, the establishment of a hierarchy of authority streamlines the interaction of people, decision-making and information flows within the organization. If two or more subordinates have disagreements on some issue, the conflict can be avoided by contacting their common boss, inviting him to make a decision. The principle of unity of command facilitates the use of hierarchy to manage a conflict situation, since the subordinate knows perfectly well whose decisions he should obey.

In conflict management, integration tools are very useful, such as management hierarchy, the use of services that communicate between functions, cross-functional teams, task forces and inter-departmental meetings. Research has shown that organizations that maintained the level of integration they needed were more effective than those that did not. For example, a company where there was a conflict between interdependent divisions - the sales department and the production department - managed to solve the problem by creating an intermediate service that coordinates the volume of orders and sales. This service was the link between sales and production and dealt with issues such as sales requirements, capacity utilization, pricing, and delivery schedules.

Organizational overarching goals. Establishing corporate-wide complex goals is another structural method for managing a structural situation. The effective implementation of these goals requires the joint efforts of two or more employees, groups or departments. The idea that is embedded in these higher goals will direct the efforts of all participants to achieve a common goal. For example, if three shifts in a production department conflict with each other, you should formulate goals for your department, and not for each shift individually. similarly, setting clear goals for the entire organization will also encourage department heads to make decisions that benefit the entire organization, not just their own functional area. The presentation of the highest principles (values) of the organization reveals the content of complex goals. The company seeks to reduce the potential for conflict by setting out company-wide, overarching goals in order to achieve greater coherence and performance across all staff.

The structure of the reward system. Rewards can be used as a method of managing conflict by influencing people's behavior to avoid dysfunctional consequences. People who contribute to the achievement of organization-wide complex goals, help other groups in the organization and try to approach the solution of a problem in a complex way, should be rewarded with commendation, bonus, recognition or promotion. It is equally important that the reward system does not encourage non-constructive behavior of individuals or groups.

For example, if sales managers are rewarded solely on the basis of an increase in the volume of goods sold, this may conflict with the intended level of profit. The heads of these departments can increase sales by unnecessarily offering more discounts and thereby lowering the company's average profit. or there may be a conflict between the sales department and the credit department of the firm. Trying to increase sales, the sales department may not meet the limits set by the credit department. This leads to a reduction in the possibility of obtaining loans and, consequently, to a decrease in the credibility of the credit department. In such a situation, the credit department can exacerbate the conflict by not agreeing to an extraordinary transaction and depriving the sales department of the corresponding commission.

The systematic, coordinated use of a system of rewards and rewards for those who contribute to the achievement of corporate goals, helping people understand how they should act in a conflict situation so that it is in line with the desires of management.

Ways to resolve labor conflicts:

· The most important mechanism for the peaceful resolution of labor conflicts is a collective agreement, agreements and contracts containing the rights and obligations of the contracting parties, including in the event of a conflict. The very purpose of the collective agreement, the democratic nature of the procedure for its adoption at general meetings of collectives, make it possible to reveal in advance the causes of possible labor conflicts and outline measures to resolve them.
· If labor collectives undertake not to resort to strikes during the period of validity of contracts and agreements, then collective agreements become the basis of the legal mechanism for regulating labor conflicts.
· Conflict issues between the employer and the employee can be considered by labor dispute commissions or people's courts. The employee has the right, bypassing the elected trade union body, to go to court after considering the conflict in the commission on labor disputes.
· The work of councils and conferences of labor collectives, regions and individual industries with the participation of representatives of the management of the industry or the government of the region contributes to the resolution of labor conflicts.
· The adoption of departmental and interdepartmental conventions between representatives of state bodies, employers and trade unions has proved to be positive.

One of the main strategies for preventing labor conflicts in the teams of organizations can be considered, first of all, to reduce the level of conflict of those individuals who are prone to inciting them. Deep analysis and conflict resolution are possible, but this requires maturity and the art of working with people. Such constructiveness in resolving the conflict (by solving the problem) contributes to the creation of an atmosphere of sincerity, which is so necessary for the success of the individual and the company as a whole.

This approach can work in two directions:

Correction of subjective (internal) conditions of a conflict personality;
· Creation of organizational and managerial conditions conducive to reducing the manifestations of conflict.

Appeal to the "arbitrator". This method is especially common in the psychological studies of conflicts. It can be very effective if a very authoritative person acts as an "arbitrator", whose opinion will be decisive for the opponents regarding their confrontation. The "arbitrator" must necessarily be able to separate the object of the conflict from its subject, and this is not easy to do. In this case, it is recommended to use the following psychological techniques. The first of them is called "frank conversation": opponents are given the opportunity to speak in any form about the conflict itself, its causes, the behavior of the opposite side, ethical sides, "hidden springs" of its action, etc. conflict." In this case, the participants who have relieved emotional stress during the first conversation are given the opportunity to speak out again about this, but only in a businesslike manner, without any emotional assessments of the opponent - facts, actions, events, information. The labor conflict, as it were, is decomposed into its component parts, it gradually regains a business basis, opponents begin to see their mistakes, wrong actions and assessments. The next method is called "explosion". It is a kind of public opinion influence. This method is advisable to apply if the opponents do not stop the conflict, clearly aware of its negative consequences for the organization, but at the same time they are valuable personnel that it is not advisable to part with. "Explosion" is a method of public condemnation of the conflicting parties by the whole team. The method, as they say, works, but it must be applied very tactfully so as not to offend people who are in an already difficult situation, and this is very easy to do. It can be used only taking into account the psychological characteristics of opponents and their emotional states, the degree of maturity of the team, and also, with a certain sense of humor.

All methods are divided into two groups: negative, including all types of struggle, pursuing the goal of achieving victory for one side over the other; positive, when using them, it is assumed that the basis of the relationship between the subjects of the conflict will be preserved. These are various types of negotiations and constructive rivalry. The distinction between negative and positive methods is conditional. These methods often complement each other. Psychological publications also describe other ways of resolving conflicts. They are based on specially organized negotiations and advisory assistance. Now let's dwell on ways to resolve labor conflicts in which conflict personalities participate. Therefore, if confrontation involves conflicting individuals who are not of value to the organization, it is recommended to use administrative methods to resolve it. They are:

Structural changes in the team, increasing the degree of its organization;
removal from the team of opponents if their activities began to harm the team;
· changing the status of opponents or their inclusion in other systems that do not "intersect" with each other.

If conflicting individuals, despite the damage caused by their behavior, are still of value to the organization, then it is necessary to build appropriate relationships with them, communicate in a special way to minimize the manifestations of their conflict, and determine ways to influence them. One of the ways to resolve conflicts is to force opponents to adhere to certain models of behavior in a conflict confrontation. This technique is nothing more than a way to manage conflict. The choice of model is determined by the situation and, again, by the psychological characteristics of opponents, the level of damage inflicted on the opponent and one's own damage, the availability of resources, the opponent's status, possible consequences, the significance of the problem being solved, the duration of the conflict, etc. Consider the main models.

1. Model "ignoring" the conflict. This model should be applied when the conflict is not so acute and dangerous and represents a postponing of the conflict resolution for a remote period. Opponents must be convinced of the absence of danger for them from the current contradiction. In addition, over time, emotional tension may decrease, and this will allow you to resolve the conflict on a business basis.
2.Model" compromise"The application of this model gives a positive result under the following conditions: opponents have almost equal opportunities and reserves to increase resources; opponents are not interested in the destructive consequences of the conflict. The style of compromise is preferable because it usually blocks the path to ill will, allows, albeit partially, to satisfy the claims each of the parties involved in the conflict.In many situations, it allows you to achieve a quick resolution of the conflict, especially when one of the parties has clear advantages.Today, compromise is the most commonly used strategy for ending conflicts.Unfortunately, opponents often consider this behavior model as a tactical trick that allows gain time and thereby strengthen their own resources for the subsequent application of the "coercion" strategy.
3.Model" concessions". It is effective in the case when a strong influence on opponents is possible, and they themselves cannot strengthen their positions, besides, it is important for them to maintain partnerships. It is easy to see that this model of behavior is possible if the conflict is businesslike, short-lived and In other cases, the use of this model is problematic.The disadvantages of this model of behavior include the fact that concessions are often one-sided, which gives the other conflicting party reason to make more and more demands and thereby complicate relations.
4.Model" cooperation". Such a model allows you to achieve the desired results under the following conditions: opponents do not yet experience enmity towards each other; opponents do not have experience in conflict confrontation; they are interested in maintaining and developing partnerships. The use of this model is unacceptable in the absence of opportunities to take advantage of conflicting parties of the decision.
5.Model" avoiding a decision". In this case, the opponents give up their options for resolving the conflict and completely entrust it to a third party. However, they often perceive this model as a tactic of "avoiding" the conflict situation. The meaning of such actions is usually to get away from the discussion at a disadvantage for the opponent moment, equalize the chances, and then use models of compromise, concessions or cooperation Negotiation theory was developed by American conflictologists Fisher R., Urey W., Den D. .

Negotiations are a joint discussion by the conflicting parties with the possible involvement of a mediator of contentious issues in order to reach an agreement. They act as a kind of continuation of the conflict and at the same time serve as a means of overcoming it. If negotiations are understood as a method of resolving the conflict, then they take the form of honest, open debates, calculated on mutual concessions and mutual satisfaction of a certain part of the interests of the parties.

The current labor legislation of the Republic of Belarus takes into account the world experience and norms of international law and orients the parties to labor disputes - the employer and employees - to active and responsible actions to resolve it in mutual interests, as is practiced in countries with developed market relations.

The main normative acts regulating the procedure for consideration of labor disputes are:

· Labor Code of the Republic of Belarus;
· Code of Civil Procedure.

The Labor Code, regulating the procedure for considering individual labor disputes, provides for the organization of labor dispute commissions, the competence of such commissions, the terms for applying to it, the procedure for considering a labor dispute, making decisions and their execution. The Labor Code provides for the procedure for appealing the decision of the commission on labor disputes and the transfer of an individual labor dispute to the court, regulates the content and terms for consideration of individual labor disputes in courts, and the execution of decisions made by courts. In accordance with the idea of social partnership, when resolving collective labor disputes, partners must adhere to the following principles:

• priority of conciliatory methods and procedures;
• the use of a strike only as a last resort to resolve a collective labor dispute;
· aspiration of the parties for the fastest settlement of the arisen collective labor dispute and signing of the agreement.

The procedure for resolving collective labor disputes can be stipulated in collective agreements and social partnership agreements, but in compliance with the Labor Code. The procedure for resolving collective labor disputes is preceded by the stage of settling disagreements by the parties to labor relations themselves. Employees and their representatives at their meetings or conferences by majority vote have the right to put forward demands. The requirements are set out in writing and sent to the employer, and a copy of them can be submitted to the Service for Settlement of Collective Labor Disputes. The employer is obliged to consider the claims within three working days and notify the employees' representative of his decision in writing. If the employer has satisfied all the requirements of the employees, then the disagreements are settled and no dispute arises. If they are completely or partially rejected by the employer, then the representatives of the employees can initiate conciliation procedures regarding the arisen collective labor dispute. None of the parties to a collective labor dispute may evade participation in conciliation procedures.

In the implementation of conciliation procedures, along with the legal, legal subtleties of settling social and labor conflicts, it is important to observe the generally accepted and practice-tested principles of negotiation - one of the priority and most effective ways to overcome conflict confrontation. Negotiations are a discussion, an interested dialogue about emerging or already established relations, about acceptable conditions for resolving the conflict. In the implementation of conciliation procedures, no less than the legal norms and principles of negotiations, the same generally recognized rules of communication are significant. They usually imply an indispensable culture of communication, tolerance for other people's opinions and the position taken by a partner in business relations or an opponent in a conflict situation, recognition that each subject of the conflict is right in his own way, all parties involved in the conflict confrontation are equal. Therefore, the conflicting parties are strongly recommended:

1. be able to listen and calmly, patiently discuss, avoiding a passionate argument, because the truth in it, as a rule, perishes;
2. to pay priority attention to the essence of the matter, not to waste on trifles, to conduct a dialogue with dignity, in the correct form (in no case do not get personal, constantly remember that excessive emotions obscure the mind, interfere with understanding the problem, distract from the main thing - general interests in a particular field of activity);
3. clearly articulate the subject of discussion, look for a common approach to a mutually acceptable solution, fix, first of all, positive aspects and concurrence of opinions, given that the interest of each party in the end is to best ensure the interest of the other side, without which mutual agreement is impossible ;
4. It is important not only what is said, but also who and how speaks. It is necessary to negotiate with a smile, not to be aggressive, not to take a “fighting stance”, not to force opponents or negotiating partners to keep a “deaf defense”;
5. The best option for negotiations, as well as the outcome of conciliation procedures in general, is to reach an agreement that satisfies all the participants in the conflict, but not at the expense of the interests of those who are not directly involved in the conflict, i.e. any collusion.

Considering the main methods of resolving conflict situations, we can say that they are divided into two groups: negative, including all types of struggle, pursuing the goal of achieving victory for one side over the other; positive, when using them, it is supposed to preserve the basis of the relationship between the subjects of the conflict - various types of negotiations and constructive rivalry. The difference between negative and positive methods is conditional, they often complement each other. Partial resolution of the conflict is achieved when the external conflict behavior of the parties stops, but the internal, intellectual and emotional sphere that gave rise to the conflict behavior has not yet been transformed.

1. The most important mechanism for the peaceful resolution of labor conflicts are collective agreement, agreements and contracts, containing the rights and obligations of the contracting parties, including in the event of a conflict. The very purpose of the collective agreement, the democratic nature of the procedure for its adoption at general meetings of collectives, make it possible to reveal in advance the causes of possible labor conflicts and outline measures to resolve them.

If labor collectives undertake not to resort to strikes during the period of validity of contracts and agreements, then collective agreements become the basis of the legal mechanism for regulating labor conflicts. In foreign practice, for example, in Sweden, Finland, Germany, a strike is possible only if the entrepreneur violates the collective agreement. The strike, which is carried out in addition to the trade union, is considered illegal (I. Grabovsky).

2. Conflict issues in the relationship between the employer and the employee can be considered labor dispute commissions or people's courts. The employee has the right, bypassing the elected trade union body, to go to court after considering the conflict in the commission on labor disputes.

3. The resolution of labor conflicts contributes work of councils and conferences of labor collectives, regions and individual industries with the participation of representatives of the industry leadership or the government of the region.

The minimum number of strikes in Austria, Japan, Switzerland and other countries is explained, firstly, by the flexible differentiation of workers' wages depending on the quality of their work, and secondly, by the equal status of all workers when using canteens, medical facilities, company cars, canceling benefits and privileges. The conditions of wages and rest there are carefully regulated by the collective agreement. All employees actually participate in management, have access to information on the distribution of profits, solving personnel issues, and working conditions.

29.3. The specifics of interethnic conflicts

One of the important aspects of historical development is the steady expansion of interethnic contacts. The development of communications, the growth of population mobility, the improvement of the mass media - all this destroys the isolation of ethnic groups, expands the scope of their interaction and interdependence. Along with this, the opposite trend is also observed. At present, there are over 2 thousand ethnic groups in the world, among which 96.2% of the population are ethnic groups of one million or more people (there are 267 of them in the world). There is an increase in large ethnic groups and a decrease in small peoples. Ethnic communities seek to preserve themselves, their historical experience, culture, and identity.

According to a number of politicians, geographers, and sociologists, the existing state borders will lose their significance if they do not correspond to the linguistic and territorial borders of the ethnic groups living there. The result of this trend may be an increase in the number of independent states from 190 (at present) to more than 300 (in 25-30 years) (S. Cohen, D. Demko, D. Minji, F. Eva and others). Quite often, the second trend turns out to be decisive in the system of interethnic relations and often leads to interethnic conflicts.

Interethnic conflicts are conflicts occurring between individual representatives, social groups of different ethnic groups, and a confrontation between two or more ethnic groups. As types of interethnic conflict, one can single out interpersonal, ethnosocial and interethnic conflicts in the strict sense of the term.

With the resolution of the main ideological conflicts of the XX century. protracted ethnic conflicts will certainly become noticeable and fierce (R. Stavenhagen). It is important to be able to understand the origins of interethnic conflicts, to know the ways to resolve them.

Causes of interethnic conflicts. Interethnic conflicts do not arise unexpectedly, but mature over a long period of time. The reasons leading to them are manifold. Their combination in each case is special. For conflict to arise, three factors must be present. The first is related to the level of national self-consciousness, which can be adequate, underestimated and overestimated. The last two levels contribute to the emergence of ethnocentric aspirations. The second factor is the presence in society of a "critical" mass of problems that put pressure on all aspects of national existence. The third factor is the presence of political forces capable of using the first two factors in the struggle for power (T. Sulimova, A. Yamskov, V. Shevtsov).

An objective analysis of the causes of interethnic conflicts is possible if all aspects of this phenomenon are analyzed: ethno-psychological, socio-economic, political, socio-cultural.

1. Ethnopsychological factor - a common component of national interests in a conflict situation. threat of violence 382

The destruction of the habitual way of life, material and spiritual culture, the erosion of the system of values and traditional norms are perceived differently by social groups and individuals in the ethnic group. In general, they evoke defensive reactions in the ethnic community, since the rejection of familiar values implies recognition of the superiority of the values of the dominant ethnic group, gives rise to a feeling of second-rateness, ideas of national inequality.

2. Interethnic conflicts based on sociocultural differences arise, as a rule, as a result of forced, forced linguistic assimilation, the destruction of culture and norms of a religious or civilizational nature. This makes the prospect of disintegration of the ethnos as a socio-cultural community real, and causes defensive reactions.

3. Socio-economic factor acts in all interethnic conflicts, but its significance is different: it can play a decisive role, be one of the causes of the conflict, reflect real socio-economic inequality, imaginary discrimination or economic interests of narrow groups.

4. Political factor The revival of ethnicity in any country is accompanied by the emergence of new minority political leaders who seek greater political power in the center and autonomy at the local level. like a nation among nations.

Interethnic conflict- it is ultimately a struggle for control over the distribution of material and spiritual resources.

The main ways of resolving interethnic conflicts. Such conflicts are complex, difficult-to-regulate phenomena. This is due to the fact that-

Many of them have deep historical roots, a long history of aggravation and fading,

They affect the unconscious of a person;

They are strongly influenced by religion.

The way out of an interethnic conflict can be different - from compromise to the use of force. When unblocking interethnic conflicts, it is better to avoid both external military involvement in them, and any other outside interference383

evidence, i.e. ensure freedom of choice for each opposing side. This is the first condition. The second condition is the cessation of hostilities and the achievement of a political compromise between the parties to the conflict.

A system for resolving interethnic conflicts can be created on the basis of a combination of institutional and instrumental approaches.

institutional approach implies the creation of a network of organizations, a special infrastructure for the prevention and settlement of internal conflicts. It should include institutions at the national, regional and global levels.

Instrumental approach consists in a skillful combination of specific measures (instruments) of regulating influence on an interethnic conflict. Among them are tactical, operational and strategic decisions.

Tactical solutions are aimed at regulating conflicts through forceful, including economic, pressure on its participants or through the establishment of a negotiation process.

Operative decisions are associated with one-time actions aimed at limiting the spread of conflicts (disarmament of "militants", separation of the belligerents, strengthening the protection of vital facilities) or at eliminating the consequences of conflicts - settling refugees, restoring communications, punishing the organizers of pogroms, etc.

Strategic decisions are focused on preventing crises in interethnic relations on the basis of the early creation of legal, political, economic and socio-psychological conditions for painless problem solving.

When regulating interethnic conflicts on the territory of the former USSR, it is advisable to proceed from the following principles:

The invariability of the territorial boundaries of national entities: republics, regions, districts, even with their possible disputability.

The solution of all controversial issues is exclusively non-conflict methods on the basis of the laws in force at the moment.

Observance of the principle of democratic federalism, according to which each republic that has become part of the Russian Federation on a voluntary basis forms a single multinational state together with other republics.

Economic equality, expressed in the independence of the national entities that are part of the Russian Federation.

Comprehensive development of national and territorial-administrative formations.

Decentralization of territorial administration, providing for the delegation of powers from top to bottom and their clear delineation.

The equivalence of inter-regional exchange, which consists in replacing the centralized pricing management with objective cost proportions based on world market prices and the intra-federal division of labor (S. Yagutkin, T. Fliginskikh).