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SOCIAL PARTNERSHIP MODELS AND BASIC PRINCIPLES
Matkarimova J.
Associate Professor Tashkent State Transport University, Uzbekistan https://doi.org/10.5281/zenodo.6654051
Abstract
This article discusses effective models of social partnership and its foreign experience. Particular attention was also paid to the tripartite model adopted by the European Union and its specific principles. Issues such as public trust in the non-profit sector in European countries and support of the population, the struggle of the third sector for the interests of citizens are covered.
Keywords: trilateral cooperation, trade union model, mixed model, civil interests, third sector.
It should be noted that social partnership is developing intensively at the level of countries around the world. In particular, the EU supports a tripartite model. In particular, it should be noted that in 1992 the city of Maastricht was developing intensively. In particular, in a statement signed by European social partners (excluding the UK), the union recognized employers and workers 'representatives as partners in order to coordinate its measures.
The tripartite model was also approved in 1995 at a UN-sponsored meeting on social development in Copenhagen. It was emphasized at the conference that social development cannot be achieved on the basis of a single market mechanism. Therefore, the fight against poverty and employment are identified as key tasks. Reliance on "human resource development" as the main means to achieve this goal.
The fact that the protection of the interests of workers is an important task of the state is also reflected in several international documents. For example, in the Social Charter adopted by the Council of Europe in
1
http://www.internationaldemocracywatch.org/index.php/cou ncil-of-europe.
19611, countries undertook to protect the following rights of citizens:
- the right to work;
- the right to fair incentives;
- the right to work and rest in appropriate conditions;
- The right to association and collective bargaining.
The basic principles of tripartite cooperation are reflected in many recommendations of the International Labor Organization. In 1998, at the initiative of Denmark, an international conference was held with the participation of about 30 countries in Europe, America and Asia. Issues such as reducing unemployment, training, social protection, increasing the social responsibility of enterprises and companies were in the focus of the conference participants. If the negotiation process is mentioned above as the first criterion of social partnership, the second criterion in different countries is the participation of different representations in the process of protecting the interests of workers. There are also three distinctive models.
In the trade union representation model, trade unions are legally represented, even by workers who are not members of the union. This model is found in countries such as the USA, Canada, Japan, UK, Ireland. It should be noted that, due to their specificity, trade unions have two types:
a) trade unions willing to partner with the authorities;
b) trade unions ready to conflict with the state authorities.
In the pure representation model, the work team elects its representatives to the Business Council. These representatives negotiate directly with the employer. True, in most cases such a council will have advisory and informational powers. Therefore, the degree to which the council's opinion is taken into account should be specified in the collective agreement. Such a model is used in Spain, Greece, Portugal and other countries.
In the mixed representation model, the employer's representatives are also included in the councils elected by the labor collective. As a result, the powers of the council will be significantly expanded, with the council participating in decision-making on the basis of consensus. Only the scope of issues on which the decision can be made (agenda, labor protection, working conditions, length of working hours) should be reflected in the legislation or based on mutual agreement. In France, for example, the head of an enterprise is required by law to report annually to the council on changes in economic activity, wages, states, and working conditions. If the leader makes a decision on these matters without consulting the council, the decision may be overturned by a court at the request of the council. Such a model is also typical for Belgium, Denmark, Ireland and other countries. Hence, the long-term experience of the social partnership in foreign countries confirms its effectiveness.
For example, three different sources are used to analyze the main directions of development of the nongovernmental non-profit sector in Canada: official data describing the situation of NGOs in Canada by ministries and agencies; as well as the results of research by Canadian experts, including a study of the Canadian private sector as part of an international project undertaken by Johns Hopkins University (USA).
The analysis shows that the second largest network (non-profit) sector in the world after the Netherlands (the share of citizens engaged in this field, in the total number of economically active population) is developing rapidly in Canada. It has a solid infrastructure and influences the formation of the country's national priorities. Its current status reflects the general, global aspects of NGO activities and the specifics of Canada's socio-economic, historical and cultural development. In general, Canada has created a unique model of the non-governmental sector. On the one hand, a number of European countries (Belgium, the Netherlands, France, Germany and Ireland) have
2 Tarasenko A. The non-profit sector in the countries of the
European Union and Russia in the context of the transformation of the welfare state. St. Petersburg: Norma, 2015. 69112 pp.
similarities with the model description2. Its uniqueness lies in the fact that it is highly dependent on state funding and a large part of those engaged in the provision of social services. Seventy-four percent of Canadians working for a nonprofit (paid and voluntary) work in this field. On the other hand, the Canadian nongovernmental sector has characteristics specific to Anglo-Saxon countries (USA, UK and Australia), such as the widespread involvement of volunteers in sector activities and the practice of voluntary personal donations. Combining the features of different models, the Canadian private sector is distinguished by the specificity of its forms, methods and mechanisms.
Non-governmental organizations in Canada include non-governmental organizations as well as institutions such as hospitals, universities and colleges, other educational and research institutions, trade unions and associations, and public associations. This approach, based on the involvement of medical, scientific and educational institutions in nongovernmental organizations, is more common and is used in practices in other Western countries, such as the Netherlands, Belgium, and France. It was also used in the above-mentioned project carried out at the university. According to criteria developed by the authors of the J. Hopkins study, universities and colleges fall into the category of nonprofits3. Thus, the Canadian nonprofit sector is mainly composed of two types of organizations: first, state-funded medical and educational institutions, which do not have the right to distribute profits among their founders and therefore belong to nonprofits, and second, organizations with different types of social activities ( human rights, environmental protection, assistance to the needy). For example, these two categories of organizations differ significantly from each other for a number of parameters such as income, amount of public funds, ratio of full-time employees, use of voluntary labor.
The non-profit sector of the country is developing under the influence of its historical and cultural traditions. Mutual assistance, the formation of support groups, the collective principle, the care for historically unprotected people were conditions for the survival of indigenous peoples in Canada and the North, immigration to Canada in the eighteenth and nineteenth centuries, and the influx of immigrants in the twentieth century. This is reflected in the high level of Canadian involvement in social activities. Such representatives serve as an incentive for Canadian citizens based on public opinion. In addition, some paternalistic views have long been shaped by the state as the main defender of the interests of its citizens, especially in terms of the development of large territorial arrays with small populations.
At the same time, the Canadian non-governmental sector, which plays an important role in shaping the socio-political landscape, is making a significant contribution to the country's economy. As service producers and large employers, Canadian NGOs have a
3 Salamon L.M. & Anheier H.K. Defining the nonprofit sector: A cross national analysis. Manchester: Manchester University Press,1997.P.23
direct and indirect impact on the development of the national economy. In terms of direct impact employment or employment, the nonprofit sector is in many ways similar to a small business in terms of its functions. At the same time, it provides great social and psychological support to its staff and volunteers. Indirect impact is the result of competition created by NGOs in the social sphere. While competing with city and government structures, nonprofits place particular emphasis on improving service quality and the social environment, as well as ensuring the political stability necessary for successful economic development. To measure the contribution of Canadian NGOs to the country's economy, data obtained by entering information on NGOs into the national statistical system is collected.
The inclusion of a non-governmental non-profit organization in the national reporting system is the result of the development of new international statistical standards. The main principles of the "UN Guidelines for Non-Governmental Organizations in the National Statistical System"4 are formed. The Canadian Statistical Agency was actively involved in the revision of statistical reporting standards and was the first to implement it in practice. In September 2004, the results of this initiative, called Non-Governmental Organizations and Volunteer Satellite Accounts5, were presented.
The introduction of the "Accounts Report" is an important component of the country's economy, accounting for 6.9 per cent of its gross domestic product to 8.6 per cent with the use of an expanded assessment scale that takes into account the salaries of volunteers. The main contribution is made by universities, colleges and hospitals, but other nongovernmental organizations also have significant effects - the share of goods and services in Canada's GDP is 4%6.
At the same time, the non-governmental sector is the largest employer, employing two million people (12 percent of the country's economically active population). The high level of volunteer involvement (1/3 of those employed in the sector) demonstrates the ability of rural health posts to mobilize tremendous social capacity to carry out their activities. An important task of statistical research was to assess the cost-effectiveness of volunteer labor.
Thus, the initiative to introduce a non-profit support account has significantly expanded the information space of the industry, highlighting its economic importance7. In public policy towards the non-governmental sector, Canada has achieved high results in these areas. To encourage them, Ottawa uses
financial and moral incentives. Since Canada does not have a special law regulating the activities of nongovernmental non-profit organizations, the main piece of legislation that is subject to state control over VAT is the income tax law8. This law exempts non-profit organizations from income tax and determines their other financial and organizational parameters. The registration of nonprofits is carried out by the Federal Revenue Agency (Canadian Revenue Agency), which oversees the targeted use of financial resources.
In Canada, there are no special restrictions for non-governmental non-profit organizations that raise funds from foreign organizations or individuals, and there is no distinction between organizations operating in local or foreign funds. All Canadian NGOs are exempt from income tax and may engage in commercial activities that do not conflict with their goals and objectives. However, organizations registered as charities are provided with additional, very specific benefits. Comprehensive advocacy campaigns that require charity and volunteerism in educational institutions, the development of civic education, the promotion of charitable activities in the civil service, the introduction of volunteerism in employment contracts - all this is paid. This experience, which is economically and economically stimulating to encourage civic activism in Canada where these activities have become a way of life, could be helpful9.
The UK government also defines the 'third sector'10 as non-governmental, non-profit organizations and social enterprise communities that recover their revenues to achieve socially important goals such as protecting the environment, further improving public relations and developing culture. The activities of these enterprises and organizations are aimed at improving socio-economic relations, solving various social and environmental problems through the involvement of various sectors of society in joint activities. At the same time, the third sector works in partnership with volunteer and charitable organizations, social enterprises, cooperatives, as well as large and medium-sized enterprises with a desire to improve social relations and the environment. It should be noted that there is a serious conflict between the social sector enterprises of the third sector and nongovernmental organizations, but in the third sector social enterprises have a special place because they need access to and support of financial resources.
In order to coordinate the interaction of third sector organizations and enterprises, a nongovernmental non-profit public organization - the Coalition of Social Enterprises was established, which represents the interests of social entrepreneurship in
4 United Nations Handbook on Non-profit Institutions in the System of National Accounts. New York, 2003
5 Israelyan E.V. Features of the model of the Canadian nonprofit sector. https://www.hse.ru
6 Satellite Account of Nonprofit Institutions and Volunteering. Catalogue no.13-015- XIE, 2004, Ottawa, Statistics Canada, p.5.
7 Kifer X. Foreign practice in the effective implementation of
fundraising and sponsorship activities: the experience of Ger-
many and European countries. Pages 37-40. // Organizational
and legal framework for the development of fundraising and sponsorship: foreign experience and practice in Uzbekistan-Tashkent, 2016.
8 Israelyan E.V. Features of the model of the Canadian nonprofit sector. https://www.hse.ru.
9 An Accord Between the Government of Canada and the Voluntary Sector. Op.cit, p.3.
10 http://www.giac.ru/content/document_r_CCB010CA-DAEC-40C2-9BB4-C0462737937D.html
various farms. In the UK, the growing activity of the third sector of government levels and, in particular, the widespread involvement of the country's population in volunteer and charitable activities, has led scholars to conduct a number of studies on the phenomenon. Thus, in 1997, a social survey was conducted among the population of the UK to determine the causes of people participating in socially oriented volunteer and charitable activities11. As a result of this research, the following was identified:
- The most common goal of most Britons, which encourages most Britons to volunteer, is the desire to help those in need (53% of volunteers), while 41% of volunteers emphasize the importance of volunteering, with the remaining 41% having free time;
- 95% of those who regularly participate in volunteer activities said that their help was appreciated and 91% of respondents were satisfied with the opportunity to benefit;
- 31% of regular participants of the volunteer movement protested against the level of organization of their activities, and 28% noted12 that the organization of voluntary activities is an illegal nomenclature;
Volunteers who participate in volunteer activities are satisfied with the results of their activities for community activities, with most people emphasizing the importance of meeting different people and making new friendships. The most popular areas of voluntary action are the development of sports, educational activities, social assistance, raising funds for public events, the organization and conduct of various public events;
- More than 81% of respondents are involved in donations, buy cash or lottery tickets, and 52% of respondents participate in voluntary activities and through charity.
According to the government, the third sector and social entrepreneurship play an important role in achieving the most important goals of social development, including the elimination of social injustice and conflict. This is confirmed by the fact that about 50% of the population participates in voluntary or informal activities of a social or environmental nature at least once a month.
Thus, from 1995 to 2005, the number of registered charities and charitable organizations increased from 120,000 to 164,000, while in the UK in 2006 there were 168,600 registered charities (including 21,800 subsidiaries) and about 110,000 unregistered organizations13. The annual income of these organizations ranged from £ 1,000 to £ 10 million (0.4% of the total number of all charities). There are more than 55,000 social enterprises nationwide, with a total annual turnover of £ 27 billion (1.3 per cent of the total turnover of all private enterprises in the country
with workers). In the UK, 17 per cent of enterprises in the field of social entrepreneurship (according to a 2005 survey) are concerned with environmental health issues; 34% of enterprises are involved in solving various environmental and humanitarian problems; Forty-nine percent of businesses that specialize in personal assistance, including 25 percent, help find employment, and 8 percent help the poor. In 2005, 78% of the country's population donated their funds to charity, which averaged $ 15 per person14.
In the 2005/2006 financial year, the country's adult population donated 8.9 billion soums to charity. The pound sterling is estimated to account for 1% of the country's gross15 domestic product. In addition, the social activity of the country's citizens is high, so in 2005 47% 16of the population participated in various public events.
Thus, while non-governmental social institutions do not aim to gain political power, their activity to increase the material well-being and spiritual level of the population is to organize, activate and serve the formation of socio-political consciousness and democratic opinion of the public. This, in turn, will play a practical role in the development of democratic processes that define the essence of civil society. In developed democracies, the role of non-governmental organizations is unequivocally recognized by the state and supported in social policy. These structures can be a reliable partner for government agencies in solving many social problems in the region, as well as a successful competitor to structures in a particular segment of the market economy in the field of social services.
The experience of a number of developed countries shows the importance of public-sector partnerships with non-governmental organizations in achieving social stability. However, some of the challenges facing government support and independence today require the formation of a "Partnership" that sets out the procedures for relations between the two structures. Effective cooperation requires clear definition of goals and objectives, funding, accountability of the parties, as well as fairness and transparency in the process.
At present, it is important to reflect the cooperation of public authorities in the strategy of activities with non-governmental non-profit organizations as a program direction. At the beginning of the year, public authorities will be able to identify specific areas of cooperation, and thus establish a comprehensive and effective mechanism of relations, which will create favorable conditions for finding solutions to problems in society.
The impact of the intensively formed nongovernmental institution in the Republic of Uzbekistan
11 National Survey of Volunteering in the UK. http://www.ivr.org.uk/researchbulletins/bulletins/
1997-national-survey-of-volunteering-in-te-uk.htm.
12 http://www.socialenterprise.org.uk/default.
13 Natsionalnoe issledovanie volonterstva v Velikobritanii -
http://www.ivr.org.uk/researchbulletins/ bulletins / 1997-na-
tional-survey-of-volunteering-in-the-uk.htm.
14 Natsionalnoe issledovanie volonterstva v Velikobritanii -http://www.ivr.org.uk/researchbulletins/ bulletins / 1997-na-tional-survey-of-volunteering-in-the-uk.htm
15 That source.
16 http://lockeclub.org/wp-content/uploads/2013/06/Doklad_o_razvitii_ institutov _grazhdanskogo_ obshhestva _ v_Rossii-_FRGO_2013.pdf
on the socio-economic processes in the country is clearly reflected in their relations with the legislature and the executive, or other governing bodies. It should be noted that to date, the ability of the third sector to understand the real needs of society in a timely manner, active participation in social prevention and the elimination of existing territorial problems can be the basis for recognizing these structures as an independent social institution.
It is known that in accordance with the current legislation of the Republic of Uzbekistan, nongovernmental non-profit organizations include organizations that are independent of the state, but follow the procedures established by certain laws and regulations. The organization and activity of all nongovernmental structures in the country are regulated by the Civil Code of the Republic of Uzbekistan and the Law "On Non-Governmental Organizations"17, and some organizational and legal forms of structures are regulated by special laws.
The Civil Code of the Republic of Uzbekistan divides non-governmental non-profit organizations into 6 types: press cooperatives, public associations, public foundations, institutions, associations of legal entities, and citizens' self-government bodies. Article 40 reads: "A public association of a legal entity without being a commercial enterprise may be established by social funds and owners in the form of a financial support institution and in other forms provided by law. A non-profit enterprise may engage in entrepreneurial activities in accordance with the objectives specified in the charter18. Persons with legal status may join an association (union) and various associations in accordance with the law.
The Law of the Republic of Uzbekistan "On NonGovernmental Non-Commercial Organizations" has basic, universal significance for all types and organizational-legal forms of non-governmental
organizations. reflected. This law is a link between the Civil Code of the Republic of Uzbekistan and special laws regulating certain types of non-governmental organizations. The law does not regulate relations with political parties, trade unions, religious organizations and some other non-governmental non-profit organizations. The structure, activities and reorganization and liquidation of such organizations are regulated by the relevant legislation19. According to the Law of the Republic of Uzbekistan "On NonGovernmental Non-Commercial Organizations"20 is a self-governing organization that is shared among (participants). This law provides for the protection of the legitimate rights and interests of individuals and legal entities of non-profit organizations; preservation of democratic values; achieving social, cultural, educational goals; meeting spiritual and other intangible needs; charitable activities and other social purposes. Of course, a single law cannot cover the possible activities of non-governmental organizations. Because they are based on the many social needs and non-economic interests that arise in society. Therefore, the list provided by the Law is incomplete and incomplete, that is, it is possible to establish nongovernmental organizations for other socially useful purposes.
In many cases, enterprising citizens do not think deeply about what to do next when setting up their organizations, because in the initial stage when a nongovernmental structure is established, they hope to receive financial assistance from retained donors. However, this idea does not always turn out to be correct, and the desire to work with grants may not always come true. First of all, entrepreneurs need to have a deep understanding of why the structure is being set up and what they want to achieve with it. First of all, it depends on the organizational and legal form of the non-governmental organization.
17 www.lex.uz
18 Civil Code of the Republic of Uzbekistan (first part). Part
five of Article 40 as amended by the Law of the Republic of
Uzbekistan dated December 15, 2000 No. 175-II - Bulletin of the Oliy Majlis, 2001, No. 1-2, Article 23.
19 Law of the Republic of Uzbekistan "On Non-Governmental Organizations". Article 3 // Bulletin of the Oliy Majlis of the Republic of Uzbekistan, № 5 (1277), 1999. -P.61-73.
20 www.lex.uz
