FOREIGN EXPERIENCE IN THE DEVELOPMENT OF THE INSTITUTION OF SOCIAL PARTNERSHIP IN THE FIELD OF LABOR RELATIONS

Abstract

The article analyzes the foreign experience of the emergence and development of the institution of social partnership in the field of labor relations in different countries of the world. It is determined that the concept of social partnership should correspond to the complexity of this category and include the following meaningful features: to be positioned as a method and means of resolving the conflict of interests of employees; review the rule-making process at all levels of regulation of labor relations (national, sectoral, local) through a social dialogue between stakeholders; involves preventive activities of representatives of the parties to the social partnership regarding the prevention of conflict situation in the implementation of labor relation. As part of the study of the topic, the authors of the article came to the conclusion that not all economically highly developed countries of the world adhere to the same position regarding the obligatory observance in the field of social partnership of the principle of tripartism, defined by the International Labor Organization, which establishes a three-level social partnership with the participation of the state at the national level, industry (regional) level, as well as collective-contractual regulation – at the local level. The concept of «the need for priority» of this principle is inherent in most European countries, but it has much less influence, in particular, in the USA, Japan, where individually-contractual regulation of labor relations or collective-contractual regulation between employees and employers is mainly used. It has been proved that foreign experience related to the creation of the most fair, expedient system of social partnership is universal, that is, it does not unambiguously indicate the advantages of one of its specific models over another (among which there are American, English, French, German, Swedish, Japanese and others models), but makes it possible to determine the main trends in the successful development of social and labor relations for each country, taking into account its traditions and characteristics of social-economic development, and apply the most effective forms and methods of social partnership (collective agreements, participation of employees in the management of an enterprise and the distribution of its income, control over the implementation of general agreements, an others). It is proposed in the modern realities of the digitalization of society and the use of new technologies in the labor field, to take into account these trends in the settlement of social partnership relations, in particular, it concerns the protection of the labor rights of freelancers and establishment of strict control over the use of artificial intelligence (AI), that is, we are talking about on the use of AI for the purpose of optimizing the working functions of a person, but not for the purpose of reducing jobs and reducing level of payment of workers who perform less skilled work.