Features of labor conflicts and ways to resolve them. Omelchenko K., Khomchenko O.A
N.I. Gontsov
Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Labor Law and Social Security
Perm State University. 614990, Perm, st. Bukireva, 15
The article analyzes various opinions expressed in the legal literature on methods of resolving labor disputes, provides classifications of methods for resolving conflicts, and examines general and special ways of considering individual and collective labor disputes.
Key words: labor disputes; methods of resolving labor disputes; general and special methods of conflict resolution
Labor legislation Russian Federation establishes different ways of resolving individual and collective labor disputes, which is the most important distinguishing feature of both. Establishing a method for resolving a specific dispute is very important from a practical point of view, since this determines the body competent to resolve the dispute and the procedures that are necessary when considering the conflict. At the same time, this issue is associated with many theoretical problems, because the method of resolving disagreements depends on such features of the dispute as its subjects, subject matter, jurisdiction, etc. Obviously, it can be argued that determining the method of resolving a dispute is a unique result and conclusion arising from from the characteristics of the dispute from all its sides.
Methods for resolving labor disputes have different interpretations in the legal literature, so it is first necessary to analyze the positions expressed on this matter, and then formulate the author’s approach.
One of the leading specialists in the field of labor disputes, V.N. Tolkunova, singled out, in relation to individual labor disputes, proceedings, firstly, by the labor dispute commission (LCC), secondly, judicial, thirdly, by higher authorities (including The State Labor Inspectorate should now also be included among them). If a dispute is considered in the CCC and in court, this is usually called the general method of resolving the dispute, in contrast to other cases when the dispute is resolved either directly by the court or first by higher authorities. Collective labor disputes are resolved by conciliation commissions, mediators, and labor arbitration, where the proceedings are of a collective negotiated conciliation nature.
From the content of the work of M.O. Buyanova, we can conclude that for individual labor disputes there is a general way of considering them (in the CCC and the court) and a special one, which is associated with disputes between state civil servants and judges. According to M.O. Buyanova, the procedure for resolving a collective labor dispute consists of the following stages: consideration of a collective labor dispute by a conciliation commission, consideration of a collective labor dispute with the participation of a mediator and (or) in labor arbitration (Articles 401–404 of the Labor Code of the Russian Federation). A strike is seen as a way to resolve a collective labor dispute. In addition, according to the author, “the state labor inspectorate is empowered to resolve labor disputes (collective and individual) between employees and the employer.”
I.A. Kostyan writes that depending on the type of labor dispute, its resolution is possible in two ways, meaning by them the settlement of disagreements as a result of negotiations and the disputing parties reaching a mutually acceptable solution, as well as the elimination of contradictions as a result of consideration by the relevant jurisdictional body of the substance of the disagreements (the demands of one side and the objections of the other ) and making a decision binding on the disputing parties. This statement concerns individual labor disputes, and collective ones are resolved, according to the author’s views, through a series of conciliation procedures. Developing these provisions, I.A. Kostyan notes that there is a general procedure for considering an individual labor dispute, which provides for three stages (stages) of its resolution - pre-jurisdictional, pre-trial and judicial. At the same time, she finds that the pre-jurisdictional stage is associated with direct negotiations between the disputing parties in order to achieve a mutually acceptable solution in the absence of a labor justice body, the pre-trial stage involves resolving the dispute in a labor dispute commission, and the judicial stage is naturally associated with the activities of the court. Further I.A. Kostyan rightly notes that there are also peculiarities in resolving disputes of certain categories of workers, but this issue is not analyzed in this work, as well as methods for resolving collective conflicts.
AND I. Kiselev distinguished an individual legal dispute, an individual economic dispute, a collective economic dispute, and a collective legal dispute. According to the author, Russian legislation establishes two procedures for resolving labor disputes: jurisdictional (with the help of jurisdictional bodies; the CCC and the court) - for considering individual legal disputes (claim disputes) and conciliation (or arbitration) - for considering collective economic disputes. AND I. Kiselev believed that the question of how individual economic disputes and collective legal conflicts should be resolved is not regulated in the current legislation.
Statements in this direction can be found in other publications. For example, sometimes the authors write that an individual dispute about the establishment of new working conditions is not within the jurisdiction of either the CCC or the court, although it arises from an employment relationship, and note that such disputes are considered by agreement of the parties to the employment relationship. Based on the current regulatory legal acts, it is difficult to agree with the above judgments. Article 381 of the Labor Code of the Russian Federation contains the concept of an individual labor dispute, from which it follows that it can be both a dispute about rights and a dispute about interests. Article 382 establishes: the bodies for resolving individual labor disputes are the CCC and the court. Consequently, the code does not define what kind of disputes these bodies resolve. But the code does not contain other rules for considering certain types of labor disputes. According to the rules of legal logic, it follows from these premises that these two bodies have the right to resolve any individual labor disputes. For comparison, you can take the Labor Code of the Russian Federation of 1971. (as amended on September 25, 1992), according to which disputes about the right were considered by the CCC and the court (Article 201 of the Labor Code), and disputes about interest were considered by the administration of the organization and the elected trade union body (Article 219 of the Labor Code). Thus, for different categories of labor disputes, the Labor Code established different methods for their consideration. Since the modern code does not do this, it is fair to conclude that the CCC and the court can resolve any individual disputes: both disputes about rights and disputes about interest.
Some legal scholars highlight the pre-trial procedure for resolving individual labor disputes, which is divided into the pre-jurisdictional method of resolving disagreements and consideration of the dispute in the CCC, as well as the judicial procedure. From the point of view of jurisdiction, the following are distinguished: firstly, the general procedure, which provides for three stages: pre-jurisdictional (settlement of disagreements between the employee and the employer during direct negotiations); pre-trial (dispute consideration in the CCC); judicial (transferring a dispute to court in connection with an appeal of the decision of the CCC). Secondly, the direct judicial procedure, when the dispute is immediately resolved in court without recourse to the CCC (disputes beyond the jurisdiction of the commission). Collective labor conflicts are resolved according to special rules; they are associated with conciliation procedures and the organization of a strike.
The list of judgments on the issue under consideration can be continued, but all this only confirms the already made conclusion about the existence of different positions, between which there are, of course, points of contact. A number of the stated provisions deserve support, for example, on the distinction between the types of proceedings of individual and collective disputes, the identification of pre-jurisdictional, pre-trial and judicial stages in the methods of resolving individual disputes, etc. However, a complete picture of all methods of resolving labor disputes, both individual and collective, can be found in the literature difficult, therefore, an attempt should be made to take an integrated approach to this problem, without claiming to have a final solution.
Methods for resolving disputes can be classified in different ways, depending on the basis of classification, and, despite the fact that the specific procedures and bodies for resolving individual and collective disputes are fundamentally different, it is possible to distinguish, from the point of view of the bodies and procedures for considering both individual and collective labor disputes - general and special methods of their resolution. General involves the use of generally established procedures and bodies, and special is associated with the presence of special bodies and procedures, which is determined by the specifics of the subjects of the dispute, its subject, special circumstances, etc.
For individual disputes, the general method is represented by two bodies for their settlement: the labor dispute commission and the court (Article 382 of the Labor Code of the Russian Federation), as well as procedural rules established for resolving the conflict in these bodies. And the special method is diverse and exists in several versions, but everywhere it is associated with the activities of other organs and special procedures. Compared to the general method, in the special method the CCC is excluded everywhere and other bodies are present, but the court is always preserved (for example, disputes between judges are resolved by the qualification board of judges and the court, disputes of prosecutors are resolved by a higher body and (or) court, etc.). In this regard, there are features in the procedural rules.
For collective disputes, the general method means organizing conciliation bodies (conciliation commission, etc.), as well as holding a strike. A special method changes this general conflict resolution algorithm and applies to individual cases, in particular when a strike is prohibited.
The general method of resolving individual labor disputes, as noted, is associated with two jurisdictional bodies directly enshrined in the Labor Code of the Russian Federation - the labor dispute commission and the court. This method, in turn, can be presented in different options: consideration of the dispute in the CCC (pre-trial proceedings); resolution of the dispute in a commission and then in court; resolution of the dispute directly in court. The procedure for considering disputes in this case is provided for by the Labor Code of the Russian Federation and the Civil Procedure Code of the Russian Federation. It should be noted that I do not dwell on the analysis of such controversial issues as the advisability of maintaining a commission on labor disputes, the creation of special courts for labor cases, etc. A variety of opinions have been expressed in this regard. For example, L.Yu. Bugrov believes that “...commissions on labor disputes have outlived their usefulness today.” The problem of establishing and operating specialized labor courts, the adoption of the Labor Procedural Code, as well as others are being debated. .
A special way of considering individual labor disputes is represented by the following options.
Firstly, it is established by federal laws for certain categories of workers (Article 383 of the Labor Code of the Russian Federation) and different laws define different rules for resolving conflicts.
According to the Law “On the Prosecutor's Office of the Russian Federation” dated January 17, 1992, prosecutors have the right to appeal to a senior manager and (or) to the court the decision of the heads of bodies and institutions of the prosecutor's office on issues of service (Article 40, paragraph 4 of the Law). It follows from this that in the event of a conflict, a prosecutor’s office employee can appeal to a higher authority, and then to the court, or directly to the court to resolve the dispute.
The laws “On the status of judges and on the bodies of the judicial community of the Russian Federation” establish special rules for resolving conflicts between judges. Disputes between judges or candidates for the position of judge may arise on various grounds, for example: in connection with the refusal of the qualification board of judges to give a recommendation for holding the position of judge; regarding the early termination of the powers of a judge, etc. Disputes of various kinds have nuances in their resolution, which requires a separate and detailed analysis, so I will only note the main thing regarding disputes between judges - they are resolved by qualification boards of judges and in court. If, for example, the qualification board of judges of a constituent entity of the Russian Federation decided to early terminate the powers of a district court judge who committed a disciplinary offense, then the judge has the right to appeal this decision to the Higher Qualification Board of Judges, and in case of disagreement with its decision, to the Supreme Court of the Russian Federation. In this regard, qualification boards of judges act as one of the bodies for considering labor disputes of judges.
The Law on the State Civil Service distinguished between conflicts of interest and individual service disputes. A conflict of interest is defined as a situation in which the personal interest of a civil servant affects or may affect the objective performance of his official duties. The conflict of interest is formulated in this case differently compared to the generally accepted understanding of disputes about interest as disputes about establishing new or changing existing working conditions. Conflicts of interest, according to this law, are resolved by a special commission for resolving conflicts of interest, which includes a representative of the employer and (or) civil servants authorized by him (including from the department for civil service and personnel, legal (legal) department and department, in where the civil servant works), a representative of the relevant public service management body, as well as so-called independent experts - representatives of scientific, educational and other institutions. The number of independent experts must be at least one quarter of the total number of commission members (Article 19 of the Law). A special decree of the President of the Russian Federation is devoted to the issues of the formation and activities of this commission. Individual service disputes, according to the law in question, can only be disputes about the law and they are resolved by the commission of the state body on service disputes and the court. The Commission on Service Disputes is, in its main features, similar to the Commission on Labor Disputes, so I will not dwell on the analysis of the procedure for its formation and activities.
The Federal Law “On Municipal Service in the Russian Federation” of February 7, 2007, in relation to labor disputes, provides: individual labor disputes of municipal employees are considered in accordance with labor legislation (Article 11, paragraph 11). Therefore, in general, labor disputes among municipal employees are resolved according to the rules established in the Labor Code, and they cannot be classified as special entities with a special way of resolving conflicts. But the same law contains rules on conflicts of interest in the sphere of municipal service and defines this concept as well as the law on the state civil service. The Law on Municipal Service does not establish a mechanism for resolving conflicts of interest, so here, obviously, it can be assumed that the same rules that apply to the public service will be extended to the municipal service.
The Federal Law “On Combating Corruption” of December 19, 2008 speaks about conflicts of interest, but already in the state and municipal service, and, as a means of preventing and resolving conflicts, establishes a change in the official or official position of a state or municipal employee up to his removal from the performance of official duties, as well as his recusal or self-recusal (Articles 10, 11 of the Law). From this we can conclude that the resolution of conflicts of interest can be carried out by the special commission mentioned above, as well as by the application of a power decision by the relevant official in relation to the employee. Self-regulation of the conflict by the employee himself in the form of self-recusal, as well as dismissal at his own request, is also possible.
As special subjects, although very specific from the point of view of their labor legal status, we can distinguish officials who are elected or appointed to positions higher authorities authorities of Russia - the President, the Government, the chambers of the Federal Assembly. These are, for example, ministers appointed to and removed from office by the President of the Russian Federation, chairmen State Duma, the Federation Council, their deputies elected by the relevant chambers, etc. A number of works are devoted to the status of some of these persons from the point of view of labor law, in particular N.A. Grebenkina. Of course, it is unlikely that, for example, a minister dismissed by the President will challenge this decision, but this category of subjects should also have legal protection. Since these persons are not civil servants, the rights protection mechanism operating in the civil service system cannot be applied to them. But there is such a mechanism, and it is established by the Constitution of the Russian Federation, according to which everyone is guaranteed judicial protection of their rights and freedoms. Therefore, these entities have the right to appeal to the courts in the event of a conflict situation, otherwise they will be removed from the scope of the Constitution. In this case, it is necessary to proceed from the direct effect of constitutional norms. Next comes the question of which court to go to. It is resolved in the Civil Procedure Code of the Russian Federation, in accordance with which disputes about challenging non-normative legal acts of the President of the Russian Federation, the Government and the chambers of the Federal Assembly fall under the jurisdiction of the Supreme Court of the Russian Federation as a court of first instance. And in our example, the Presidential decree on the dismissal of a federal minister will be a non-normative legal act.
It is impossible to formulate any single rule applicable to all the situations considered, with the exception of one thing - despite all the specificity of dispute resolution, in one case or another, judicial protection is always guaranteed to everyone labor rights and freedom. This is in accordance with the Constitution of the Russian Federation and international legal norms. This provision must be especially emphasized, because in our history, during almost the entire Soviet period, there was a so-called departmental procedure for resolving labor disputes, according to which many subjects, in particular those in question, were deprived of the right to judicial protection and in the case of disagreements could only be addressed to a higher authority. This, of course, was an anti-democratic measure and a clear manifestation of authoritarian political regime in the field of labor relations.
A special way of resolving individual labor disputes also includes the peculiarities of considering certain categories of labor cases. We are talking, in particular, about resolving disagreements on the issues of investigation, registration and recording of industrial accidents (Article 231 of the Labor Code of the Russian Federation), compensation by the employer for damage caused to the employee’s property (Article 235 of the Labor Code of the Russian Federation), and labor disputes related with bankruptcy proceedings. According to Art. 231 of the Labor Code of the Russian Federation, if disagreements arise in connection with the investigation of an industrial accident, the victim or his representatives must first contact the state labor inspectorate, and then the court. This rule was established by the law of June 30, 2006, and thereby, in essence, introduced a mandatory pre-trial procedure for resolving a dispute by the state labor inspectorate. According to the previous version of this article, there was an alternative jurisdiction for considering such cases - one could contact the State Labor Inspectorate or the court. Article 235 of the Labor Code of the Russian Federation also establishes a mandatory pre-trial procedure for the consideration of a dispute related to the employer’s financial liability for damage caused to the employee’s property, since in this case the employee first applies to the employer and only if he disagrees with his decision or does not receive a response within the prescribed period the employee has the right to go to court.
Such decisions of the legislator, at least, raise questions. Why are mandatory pre-trial procedures established for these disputes? Doesn't this create additional difficulties for workers and limit the right to judicial protection? Obviously, it would be more adequate to modern trends to consolidate in these cases the employee’s right to choose an option of action: under Art. 231 – appeal to the labor inspectorate or court; according to Art. 235 – appeal to the employer or to the court.
Arbitration courts, undoubtedly, do not, as a general rule, belong to bodies for the consideration of labor disputes. But they resolve some labor cases arising from the bankruptcy procedure, as S.Yu. has repeatedly written about. Chucha and other authors. Thus, I.A. Kostyan emphasizes: “Disagreements arising between the representative of the debtor’s employees and the arbitration manager, who maintains the register of creditors’ claims, on issues of wages, payment of severance pay, etc. are subject to consideration by the arbitration court.”
The next case of a special way of considering individual labor disputes is their resolution by the Federal Labor Inspectorate. This question is extremely controversial. A number of authors recognize the labor inspectorate as a dispute resolution body, others deny this. Interesting opinions on this issue were expressed by T.A. Nesterova. This problem is extremely complex, as it is associated with determining the status of the labor inspection, establishing its place and role in the system of government bodies, analyzing its powers, etc., and, naturally, it is impossible to solve it in this work. The task in this case is to establish only one fact – whether or not the labor inspectorate actually resolves labor disputes. From the point of view of Russian legislation, the position of the labor inspectorate in this regard is contradictory: formally it is not designated among the bodies for conflict resolution, but in fact acts as such, which is indirectly enshrined in many articles of the Labor Code of the Russian Federation: clause 2, part 1, art. 83; part 7 art. 193; Art. 231; 234; 372; 373, etc. In particular, part 7 of Art. 193 of the Labor Code of the Russian Federation establishes the right of an employee to appeal a disciplinary sanction to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes. But if an employee appeals the employer’s actions to bring him to disciplinary liability, it means that a labor dispute has arisen and the labor inspectorate can resolve it. Several articles of the Code state that the state labor inspectorate has the right to decide on the reinstatement of an employee at work - clause 2, part 1, art. 83; Art. 234; Part 3 Art. 373, which confirms the fact that disagreements have arisen between the employee and the employer regarding dismissal and the possibility of resolving it in an authoritative manner by the labor inspectorate.
Therefore, from the content of modern labor legislation in Russia, the conclusion clearly follows that the state labor inspectorate has the right to resolve labor disputes (and the most complex and important ones - about reinstatement), and therefore acts as a body for resolving conflicts, which provides one of the special ways to resolve disputes. Such a conclusion, as noted, causes criticism, but it follows from one of the main powers of state labor inspectors - to present mandatory orders to employers to eliminate violations of labor legislation (Article 357 of the Labor Code of the Russian Federation). And if you deprive the inspectorate of this right, then you can completely lose it as an authoritative control and supervisory body in the field of labor relations. Therefore, as stated, the issue is extremely complex and needs to be resolved both theoretically and at the legislative level.
A special method of resolving individual labor disputes should also include the pre-jurisdictional method of conflict resolution (as many authors call it). It is provided for in Part 2 of Art. 385 of the Labor Code of the Russian Federation and involves consideration of the conflict through direct negotiations between the employee and the employer. Without going into the procedure and consequences of this method (they are described in the literature), you only need to pay attention to the fact that it can also be called contractual, since the article deals with negotiations. But this method and the actions of the parties themselves can hardly be qualified in this way, because in the case of negotiations the decision is made by agreement of the parties, but here the decision will be made by the employer, satisfying the employee’s request or refusing it. Therefore, the dispute is resolved as a result of a unilateral authoritative decision of the employer, and not by agreement of the parties (although elements of an agreement are present). In this case, one can see some analogy with the resolution of a dispute by a higher authority.
Summarizing the issue of ways to resolve individual labor disputes from the point of view of the bodies and procedures for their consideration, we can distinguish, as noted, general and special methods of their consideration. The general method involves resolving the conflict in a labor dispute commission and in court (with possible options within this method) according to general procedural and procedural rules. A special method is associated with a different set of authorities (but with the mandatory preservation of the court) and with the presence of special procedures. It is represented by the following specific options: consideration of disputes of certain categories of employees (prosecutors, judges, etc.); resolution of certain categories of cases according to special rules (in connection with an industrial accident, etc.); consideration of disputes by the Federal Labor Inspectorate; settlement of disagreements by the employer’s decision in connection with the employee’s appeal.
Obviously, one more conclusion can be drawn regarding the characteristics of bodies for resolving individual labor disputes. All of the above bodies, provided for both general and special methods of resolving labor conflicts, should be considered jurisdictional, since they have the right to make binding decisions in connection with disagreements that have arisen.
Now we will talk about the characteristics of methods for resolving collective labor disputes (of course, also in a very brief form, without a detailed description of individual procedures). As noted, in relation to collective conflicts, it is possible to distinguish general and special ways of resolving them.
The general method is associated with the organization of conciliation procedures and the conduct of a strike, which is directly enshrined in the Labor Code of the Russian Federation. According to Art. 401, the procedure for resolving a collective labor dispute provides for the following stages: consideration of the dispute by a conciliation commission, consideration of the dispute with the participation of a mediator and (or) in labor arbitration. In this regard, we can formulate a general concept of conciliation procedures - this is the activity of special bodies for the contractual, “peaceful” resolution of a collective labor dispute. If conciliation procedures do not lead to a resolution of the conflict, then workers have the right to strike as a way to resolve a collective dispute (Article 409 of the Labor Code of the Russian Federation). Based on these legislative provisions and in the special legal literature, conciliation procedures and a strike are identified as ways to resolve a collective conflict. In particular, M.V. Lushnikova and A.M. Lushnikov note that the Labor Code of the Russian Federation “regulates the procedure for resolving collective conflicts through conciliation and mediation procedures, and, as a last resort for resolving a dispute, a strike is considered.”
It seems that a strike cannot be considered as a way to resolve a collective dispute (Article 409 of the Labor Code of the Russian Federation). After all, a strike, as a refusal to work, will not resolve the conflict in itself; it is only a form of pressure from workers on the employer, which helps to achieve a compromise between the disputing parties. And there is only one way to eliminate disagreements and resolve a collective dispute as a dispute about interest - by reaching an agreement and signing the appropriate protocol. This follows from the fundamental position that collective disputes, as a general rule, are disputes about interests and it is impossible to forcefully impose the interests of one party on the other, therefore judicial, administrative or any other authoritative method of resolving the conflict is unacceptable here, and therefore special procedures have arisen their resolutions, which are based on negotiations and agreement of the parties. Therefore, it is no coincidence that the law imposes on the parties the obligation to continue conciliation procedures during the strike, otherwise the situation may reach a dead end (Article 412 of the Labor Code of the Russian Federation). In connection with what is stated in Art. 409 of the Labor Code of the Russian Federation, the characterization of a strike as a method of resolving a dispute must be excluded.
The general method indicated above does not raise any other fundamental objections and is a “classical” scheme for resolving a “classical” collective dispute as a conflict of interests. But Russian legislation in this area contains a number of features and contradictions related to the subject of a collective dispute, the resolution of disputes in certain situations, etc., which gives rise to a special way of considering collective labor disputes.
The special method in relation to collective disputes is also associated with the specifics of the procedures and bodies for their consideration and is divided into a number of options.
The first of them concerns those situations and organizations where a strike is prohibited in the event of a collective dispute (Article 413 of the Labor Code of the Russian Federation). In this case, the conflict will be resolved through conciliation procedures, but if they do not lead to a positive result, the dispute will be resolved by labor arbitration. And in this situation, labor arbitration, as a conciliation body as a general rule, is undergoing fundamental changes. Its creation becomes mandatory for the parties, and it makes a binding (final) decision on the dispute. If the parties cannot (or do not want) to create arbitration, a decision on this will be made by the relevant government body and arbitration will again make an authoritative decision on the case (Part 7 of Article 404 of the Labor Code of the Russian Federation). Here a unique situation has arisen in which labor arbitration acts in two capacities: when general procedure resolution of a dispute, it is a body of reconciliation (although there are features here, but we can ignore them for now), with special circumstances, it turns into an authoritative jurisdictional body that can be created without fail without the participation of the parties (in fact, by the state) and which will accept unilaterally a decision binding on the parties. This rule was introduced into the Labor Code of the Russian Federation by the law of June 30, 2006 and still needs to be understood. According to the previous edition of the code, the final decision in this situation was made by the Government of the Russian Federation.
The next option for a special method of considering collective disputes is associated with such a basis for its occurrence as the employer’s refusal to take into account the opinion of the elected representative body of employees when adopting local regulations (Part 1 of Article 398 of the Labor Code of the Russian Federation). A dispute of this kind can only arise with a specific employer - in an organization or an individual entrepreneur, because it is at this level that local regulations are adopted. First of all, it should be noted that this article talks about taking into account the opinions of the elected representative body of workers, and Art. 372 of the Labor Code of the Russian Federation, which establishes the procedure for taking into account opinions, we are talking about the elected body of the primary trade union organization. The representative body of employees can act either in the form of a trade union body or another body chosen by the employees. There are no special rules that would regulate the procedure for taking into account the opinions of the elected representative body of workers in the Code, therefore the Federal Law of June 30, 2006 practically identified the procedure for taking into account the opinions of this body with the procedure for taking into account the opinions of the elected body of the primary trade union organization, enshrined in Art. 372 of the Labor Code of the Russian Federation. This conclusion follows from the content of many articles of the Code, in particular Part 4 of Art. 8, art. 103, etc.
If the employer refuses to take into account the opinion of the representative body of employees, then the situation in this case may develop as follows. Firstly, the representative body of workers can appeal this act to the state labor inspectorate or to the court. And secondly, he also has the right to begin the procedure for a collective labor dispute (Part 4 of Article 372 of the Labor Code of the Russian Federation). According to Art. 398 of the Labor Code of the Russian Federation, the employer’s refusal to take into account the opinion of the representative body of employees is the basis for the emergence of a collective labor dispute, which is confirmed by Art. 372. But this article also provides the possibility of other actions - appealing to the labor inspectorate or court. And then it turns out that a collective dispute of this kind can be resolved in different ways: through conciliation procedures, etc., which provides a general way to resolve the dispute, and by contacting the labor inspectorate or the court, which forms a special way to resolve such disagreements.
In this regard, of course, many questions arise. If this is a collective dispute, then why did the legislator establish different ways of resolving it, which are opposite in nature? If a dispute can be resolved in court, then what is the point of carrying out conciliation procedures and bringing the matter to a strike? It is not entirely clear from the text of Art. 372 of the Labor Code of the Russian Federation, over what specific disagreements does a conflict arise: due to non-compliance with the procedure for taking into account opinions or over the content of the act itself? With a strict analysis of this article, we can conclude that the dispute causes disagreement of the representative body of workers with the content of the act, because this body can begin actions provided for by law only after the procedure for taking into account the opinion has taken place. Although the literature notes that disagreements in this case may be related to both procedural rules and the content of the local act. Well, probably main question is what is the dispute in this case - about right or about interest? If the procedure for taking into account opinions was violated, then this is a dispute about the law, since it is established by law. If the violations concern the content of the act and the employer has established norms in it that contradict labor legislation, then this is also a dispute about the law and these norms should not apply (Article 8 of the Labor Code of the Russian Federation). But are conflicts of interest even possible in this case? Obviously, yes, since local acts establish or change working conditions, for example, the remuneration system, bonus procedures, etc.
In connection with the above, the following conclusions can be drawn. If, in the process of adopting a local regulatory act, the employer violated the procedure for taking into account the opinions of the elected representative body of employees or committed violations in the content of the act in terms of its contradiction to legislative norms, then in connection with this a dispute arises about the law, which must be resolved in an administrative, judicial or other government body. order (by contacting, for example, a higher authority, if there is one). If, when adopting a local act, the interests of employees and the employer collide, then a conflict of interests is formed that cannot be resolved by the methods indicated above, and the parties must resort to well-known conciliation and arbitration methods for resolving such disagreements. It seems that, taking into account the above considerations, it is necessary to make appropriate changes to Art. 372, 398 of the Labor Code of the Russian Federation in the sense that a collective labor dispute may arise in connection with the employer’s refusal to take into account the opinion of the elected representative body of workers when adopting local acts, if this entails the establishment of new or changes in existing working conditions.
In relation to collective disputes, it is necessary to dwell on such a basis for its occurrence as the conclusion, amendment and implementation of collective contracts and agreements (Article 398 of the Labor Code of the Russian Federation). This formulation again combines two disputes that are different in nature - disputes about law and disputes about interest. Disagreements arising in connection with the conclusion and amendment of collective agreements are disputes about the establishment or change of working conditions, which creates a conflict of interest. But if a dispute arises about the fulfillment of the terms of a collective agreement or agreement, this is already a dispute about the law, and why in order to resolve it it is necessary to carry out a complex procedure provided for collective conflicts, and not go to court, for example, is completely unclear. This contradiction in the law has long been noted in the legal literature and proposals have been formulated to eliminate it, in particular, to exclude it from Art. 398 of the Labor Code of the Russian Federation contains the wording “implementation of collective agreements,” but the legislator does not do this.
Methods for resolving labor conflicts can also be classified on other grounds. In particular, in terms of the order of decision-making. In this regard, two ways of resolving disagreements can be distinguished: first, the authoritative one, in which the decision is made unilaterally by an authoritative jurisdictional body; and, secondly, contractual, when the decision on the dispute is made by agreement of the parties.
The authoritative method in this classification covers almost all options for resolving individual labor disputes with general and special methods of their resolution and some situations related to collective disputes. In individual disputes, this applies to the decision of the labor dispute commission, court, employer, higher authorities, etc.; according to collective – labor arbitration in a situation where a strike is not allowed.
The contractual method in relation to individual disputes can be linked, for example, to a settlement agreement concluded during a court hearing; for collective disputes this method is the main one and is valid in all conciliation procedures.
When it comes to a contractual method of resolving a collective labor dispute, it is necessary to answer the question: is labor arbitration a body where the dispute is resolved by agreement of the parties, or is it some other way of resolving a collective conflict? In my opinion, we can say that if in a conciliation commission and with the participation of a mediator the conflict is directly resolved by the parties by agreement, then at the stage of labor arbitration the dispute is also resolved by the parties, but not directly, but indirectly, transferring decision-making powers to this body. This conclusion follows from the fact that arbitration is created only if the parties have agreed to accept its decision as binding. In this situation, the dispute is resolved by the parties, but not themselves, but through a special body - labor arbitration, to which they have delegated the right to make a decision binding on them. General conclusion: at all stages of reconciliation, a collective labor dispute is settled by agreement of the parties in a contractual manner, but either directly, directly, or indirectly, indirectly.
In conclusion, it makes sense to stipulate that other options for resolving the issue of ways to resolve labor disputes are possible and it needs further research.
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4. Grebenkina N.A. Legal status of employees holding the highest elected public positions and some positions equivalent to them in Russia (the main arguments in favor of labor law principles): abstract. dis. ...cand. legal Sci. Perm, 2004.
5. Kiselev I.Ya. Labor law of Russia and foreign countries. M., 2005.
An explanation of labor conflict from the point of view of the category of contradiction also presupposes the need to explore its specific causes. Their knowledge is necessary for the correct interpretation of a conflict situation, determining the possibilities and principles for resolving it. It is necessary to distinguish between cause and incident, i.e. some random fact of a relationship that turns out to be a reason to start conflict behavior. The reason could also be a deliberately created situation.
The causes of labor conflicts can be divided into objective And subjective. A labor conflict may be based on objective shortcomings, weaknesses, or errors in the organization of labor; They are the ones who bring people together and make confrontation between individuals and groups inevitable. Objective organizational and labor causes of conflicts suggest two situations: a certain principle of organization must either be abolished altogether in order to resolve conflicts, or simply improved in detail, methods of implementation, etc. In a word, there are unique “antagonistic” and “non-antagonistic” organizational and labor contradictions as causes of conflicts.
Labor conflict can also be based on the subjective characteristics and states of individuals and groups. Moreover, individuals and groups sometimes bring into their organizational-labor relations external conflict moods that arise outside of work.
Objective and subjective causes of labor conflicts are not always distinguishable; sometimes there are no clear boundaries between them. Objective contradictions in the organization of work can ultimately lead to deep personal antipathies, and personal antipathies can distort organizational-labor relations and complicate them. In addition, there is a category of reasons that could be defined as objective-subjective. For example, labor conflicts arise due to the fact that individual workers or entire work groups have not sufficiently adapted to the new principles of labor organization and have not understood their meaning accurately enough. In a word, labor conflict occurs about, and not as a result of, a certain organization of labor. The problem of human relations is related to production, but its main source is the workers themselves.
The causes of labor conflicts can be considered more specifically, based on the types of contradictions that underlie them.
1. Problems of distribution relations. They are usually rated as the most likely factor in conflict situations at work. Individuals and groups conflict primarily over the appropriation of any goods and values.
The main difficulty of a distribution conflict is that it is possible in any system of distribution relations. There is no distribution algorithm that would absolutely eliminate conflict. For example, too much dependence of wages on age or work experience gives rise to natural discontent among young people; relying on abilities as a criterion for remuneration results in disputes over who has what abilities; the actual results of labor and their implementation are also assessed so ambiguously by people that the issue of correct and fair payment still remains debatable.
A non-conflict social organization of labor is based not only on a certain principle of distribution, but also on the adaptation of people to this principle (you need to “get used to” any principle of payment, but any principle of payment “tires” over time, i.e. it fully and obviously manifests its contradictions).
2.Difficulties in functional interaction. This is one of the most hidden, difficult to study causes of labor conflict. The conflicting parties are individuals and groups included in single functional relationships, connected by differentiation and cooperation of work activities, which creates the possibility of overlapping goals. Observations from practitioners show that those who are particularly active conflict more often (the more active the activity of each of the subjects of the relationship, the more likely there are contradictions in these relationships). It has also been noted that the cause of a conflict situation is often the inaction (or alleged inaction) of some compared to others. Conflicts are caused by an imbalance of functions, their duplication, lack of timely mutual information, culture and experience of interaction, and much more.
In this case, the labor conflict occurs not over the distribution of some benefits, but over the organization of joint activities; The subjects of this conflict are not competing, but interacting, collaborating individuals and groups. The main contradiction here can be called the following: the more complex the differentiation and cooperation of labor activity, the more active and responsible the attitude of people towards it, the more likely social clashes are.
3. Role contradictions. Conflict situations in organizational and labor relations are often created by the roles performed by individuals and groups, i.e. role conflict occurs. Let us highlight two aspects of the problem – objective and subjective.
Firstly, in organizational-labor relations there are objectively roles that are not only significantly different, but also opposite in terms of the goals and modes of behavior of the subjects, for example, specialists and workers, producers and consumers (receivers), engaged in primary and auxiliary labor, working for different stages of sequential work, economists (financiers, accountants) and controllers, etc. The connections between them are based on special responsibility, incompatibility of interests, strict contractuality and formality. Here, certain actions of one side bring either significant damage or significant benefit to the other, which determines a high degree of probability not only of mutual alienation, but also of struggle and rivalry. One of the features of a role-based conflict situation is the setting of subjects for certain actions, despite the awareness of the possibility of conflict as a result of these actions (after all, the latter are an obligation).
Secondly, contradictory roles not only exist objectively, but are also subjectively interpreted and expected. Subjects of organizational-labor relations performing opposing tasks and functions have their own ideas and views regarding each other’s roles. If one party’s “execution” of its role does not correspond to the other party’s idea of this role, then this discrepancy leads to conflict, i.e. the cause of the conflict is the non-realization of the mutual role expectations of the subjects.
Role conflicts also occur due to the fact that the subjects of organizational-labor relations either exaggerate or underestimate the inconsistency and opposition of their roles.
4. Purely business disagreements. In this case, the conflict is also not related to the struggle for appropriation. It is based on differences in professional thinking, differences in views on how to organize work, solve production problems, what should be the norms of relationships, etc. Typically, labor conflicts due to business disagreements are not group, mass, and acute in nature. Such an “ideological” conflict is not easily distinguished from a conflict for distributional reasons. None of the conflicting parties is completely sure that behind the purely professional position of the opponent there are not some personal and hidden interests of an economic nature.
5. Section of guilt and responsibility. If an organization is experiencing failure, trouble, if serious organizational and labor violations have occurred in it, then this can also cause a conflict situation. Quite rarely, the entire work group, the organization as such, takes responsibility; more often, a painful process of identifying a specific culprit and personifying guilt occurs, which becomes the cause of a labor conflict.
6. Leadership. Along with formal leadership, processes of abnormal competition, initiative, and dominance always appear in organizational-labor relations. The self-awareness of individuals and groups gives rise to various kinds of personal, professional and business ambitions, as well as ambitions of social superiority, which collide with each other.
Leadership and the labor conflict based on it can manifest themselves not only in complex, but also in simple types of work activity, where the most primitive tasks and functions are performed. Any problem in joint work activity can be deliberately used to fight for leadership in “correctly understanding and solving it.”
A labor conflict based on leadership can proceed as a struggle a) for power and dominance; b) for employment, maintaining one’s own job; c) for mentoring; d) for performing prestigious roles.
7. Abnormal working conditions. In the organizational-labor relations themselves at the moment there are no such contradictions that would give rise to conflict, and yet it arises. One of the reasons is abnormal working conditions, which contribute to irritation, leading to hostility among workers and intolerance to any problems. In this case, special attention must be paid to socio-spatial and communicative working conditions. The high density of workplaces, the “crowding” of workers in a room, and the forced high intensity of contacts are a completely independent cause of labor conflicts, although this is not always realized.
8. Incompatibility. Incompatibility is understood as significant differences in the characteristics of subjects that interfere with their normal relationships. More often this concept is used in relation to individuals, although phenomena of intergroup incompatibility are also possible.
In the organizational and labor sphere, the following cases of incompatibility are significant:
1) in experience, qualifications, education (different schools of training, team, mentors);
2) in economic psychology and attitude to work (some focus on a minimum of activity and maximum reward, others - on maximum activity and maximum reward, others - on a minimum of activity and minimum reward; if these types are forced to interact, then conflicts between them are inevitable).
Incompatibility is not only an objective phenomenon, but also a subjective one, i.e. Conflict in organizational-labor relations is introduced not only by actual differences, but also by opinions about these differences.
In some cases, the problem of incompatibility is solved in the process of interaction; in others, the subjects of the relationship are initially selected on the basis of similarities in essential qualities.
9. Age and gender composition of the organization. Gender and age differences are also sometimes considered in connection with labor conflicts.
There are the following views of theorists and practitioners on the intergender aspect of organizational and labor relations:
a) gender differences are important in organizational and labor relations and can cause conflict through incompatibility, as well as due to many ideological stereotypes;
b) gender differences are positive in organizational and labor relations, contribute to a normal social climate, and protect against conflicts.
In some countries, studies have been conducted on the purely sexual behavior of people at work and the impact of this behavior on the work atmosphere, management style, and relationships between employees (Japan, France).
With regard to age differences and their significance in organizational-labor relations, the following problems that cause conflict are most often discussed in theory and practice.
Firstly, a young worker sometimes tends to overestimate his abilities and underestimate the experience of his elders.
Secondly, experienced older workers do not provide assistance to younger ones, especially during the adaptation period.
Third, experienced older workers sometimes underestimate the abilities of younger ones.
Fourthly, young people do not always understand some of the specific difficulties and needs of older generation workers.
Fifthly, older workers are sometimes too jealous of the “too fast” career of young people and their achievements.
It is believed that with an appropriate culture of relations, it is the different-age composition of the personnel of a work community or group that gives the best indicators of the social climate and contributes to professional and economic success.
10. Social differences. Labor conflicts in organizations can be provoked by differences between people of class, class, race, ethnicity, religion, and politics. It requires not only the culture of the people themselves, but also the talent of the administrator in preventing such conflicts. Must be competent enough to fully and correctly understand complex social differences, create an optimal team based on them.
Resolution of labor conflict is a process or purposeful activity that eliminates its causes and consequences. Resolution of a labor conflict can be organized or arbitrary, spontaneous. It is not always possible to establish clear boundaries between conflict resolution and the conflict itself, since it sometimes proceeds as a constructive overcoming of labor problems.
Resolution of labor conflict can be described using such basic categories as complexity factors, models, types, forms, methods and dysfunctions of behavior.
From a theoretical point of view, the solvability of a labor conflict depends on the degree of its complexity. However, in reality, the latter is quite difficult to determine and predict. The most insignificant problems turn into an acute conflict situation, and the most significant ones sometimes never develop into an open and prolonged conflict. Let us formulate several specific factors that determine the complexity of a labor conflict.
1. Scale of the conflict determined by: a) the total number of individuals participating in the conflict in one way or another, affected by the conflict; b) the number of parties and positions in the conflict. Thus, during the conflict, three, four, etc. may appear contrary to expectations. conflicting parties, positions, which complicates its resolution. The number of participants is not a clear factor. Labor conflict between groups can be as simple as between individual workers. Moreover, in inter-individual conflict, personal factors are more pronounced, which complicates its resolution. In an intergroup conflict, participants may be aware of its scale, the associated consequences, risk, responsibility, and therefore they are especially striving to resolve it; in an interindividual conflict, the advantage is that here easier process discussions; it can happen promptly, in a working manner (if a specialist’s opinion or the administration’s opinion on some problem is not required), however, here the “collective mind” is weaker, and the likelihood of compromise is less.
2. Duration of the conflict situation. The resolution of a conflict at its initial stage may be simpler than at a later stage in the following respects: a) the conflict has not yet been personified (has not acquired the character of personal hostility); b) the destructive consequences of the conflict are still small; c) a complex and intricate structure of participants in the conflict has not been formed. All this suggests that the conflict must be resolved as early as possible. At the same time, the late stage of the conflict may also have its advantages, since a) the cause of the conflict has become clear and understandable to everyone; b) everyone is tired of the conflict and wants its resolution; c) the motive of the game is replaced by the motive of risk.
3. Novelty or standardization of the conflict. If a similar labor conflict has already taken place before, now it will occur in a less acute form. Participants treat the problem of conflict as already familiar, ordinary, they are calm, they know the solution to this problem.
4. Objective or subjective causes of the conflict. For objective reasons, the technology of conflict resolution is more complex in that it requires organizational and labor changes. At the same time, realizing the objective, transpersonal nature of the problem, participants can treat the conflict itself more calmly and constructively. The conflict in this case simply turns into an expectation of appropriate organizational and labor changes.
5. Subjective characteristics of the conflicting parties. If the parties to the conflict have experience, culture, and education, then they are able to see a solution to the problem better and faster, and find ways of best behavior in the conflict. However, acute conflicts are possible at the level not only of workers, but also of specialists, administrators, not only in production work groups, but also in teams of intellectual workers. A high level of culture sometimes contributes to conflicts due to a more principled attitude of people to business.
Let us highlight specific models for resolving labor conflicts that differ from the point of view of mutual settlement of the economic claims of the conflicting parties.
1. If the conflicting parties do not see a way to agree, then they mutually renounce their own claims in order to maintain social peace in the organization or between organizations.
2. One of the conflicting parties renounces its claims, realizing them as less significant, fair, and its ability to “win” the conflict as weaker.
3. The conflicting parties find a compromise, sacrificing part of their claims in order to create the possibility of their agreement (their claims cannot be fully agreed upon).
4. Both sides can realize their claims; this is possible if “new resources” are found, if the conflict problem is resolved at the expense of a third party.
From the point of view of the relationship between the conflicting parties and the environment, there are such types of conflict resolution as autonomous And organization-wide. In the first case, specific subjects of organizational and labor relations are able to resolve problems independently, within the boundaries of their own tasks and functions; secondly, a private labor conflict can only be resolved on the basis of general, broad organizational changes.
There are also independent, public, administrative types conflict resolution. With independent conflicting parties solve the problem themselves, relying on their own capabilities, desires and abilities; in public, others participate in resolving the conflict; they are the ones who resolve the conflict with sympathy, advice, approval or condemnation; with the administrative type, settlement occurs only through the intervention and appropriate decision of the administration.
The public participation of the administration in resolving labor conflicts is effective due to factors such as moral support, sanctions, and information. The team and the administration play the role of a “third party” in resolving the conflict. The conflicting parties trust this person if he: a) takes a truly disinterested, impartial position; b) competent in the problem that became the source of the conflict situation.
The following forms of labor conflict resolution are distinguished.
1. Reorganization, a change in the organizational and labor order that caused the conflict, and not struggle and persuasion in relation to the conflicting parties.
2. Informing, i.e. socio-psychological regulation aimed at restructuring the image of the situation in the minds of the conflicting parties, achieving the correct view of the conflict, promoting the benefits of peace in this particular case.
3. Transformation, i.e. transferring the conflict from a state of useless hostility to a state of negotiations.
4. Distraction, i.e. shifting the attention of the conflicting parties to other problems or positive aspects of their relationship; focusing the attention of conflicting parties on something common that promotes unity.
5. Distancing, i.e. exclusion of conflicting parties from general organizational and labor relations through personnel changes and transfers to other jobs.
6. Ignoring, i.e. deliberate inattention to a conflict so that it resolves on its own or so that focusing on the conflict does not contribute to its escalation.
7. Suppression, i.e. a situation in which the causes of the conflict are not removed, but any conflict behavior is prohibited under the threat of administrative sanctions for one or both parties.
8. Conformal preference, i.e. a decision in favor of the majority, satisfying the interests of the socially stronger party.
The solvability and resolution of a labor conflict are largely determined by the characteristics of the behavior of individuals and groups in its conditions. Let us pay attention to some negative behavioral phenomena in conflict:
§ dramatization of the conflict, exaggeration by the conflicting parties of the significance of their claims, the consequences of their non-realization;
§ setting conflict as an end in itself, turning conflict into a game, elevating one’s position to a principle, treating compromise as a loss of dignity; conflict as “creativity”;
§ exploitation of the conflict, i.e. interest in it as a condition for achieving certain goals; the “threat of hostility” characteristic of many subjects as a way of self-affirmation;
§ personalization of the conflict, giving an objective problem a personal character and meaning, extreme in moral terms mutual actions and statements that create almost insurmountable hostility “forever”, even if the cause of the conflict has already been removed.
The stated theory of labor conflict is general. It can be more specifically developed in three directions: 1) conflicts between workers and labor groups; 2) conflicts between staff and administration; 3) conflicts between the organization as a whole and the external socio-economic environment.
Control questions
1. What is conflict from a social point of view?
2. What is R. Dahrendorf’s point of view on the conflict?
3. What circumstances are needed for successful conflict resolution?
4. What are the stages and phases of conflict?
5. What are the causes of socio-economic conflict?
6. What is the essence of the conflict of needs?
7. What main social groups of society are in conflict?
8. Sources of tension in industrial conflicts?
9. What contradictions lie at the heart of the labor conflict?
10. Who are the subjects of labor conflict?
11. What are the negative consequences of labor conflict?
12. What are the causes and ways to resolve labor conflicts?
13. What is the process for resolving labor conflicts?
Literature
1. Adamchuk V.V., Romashov O.V., Sorokina M.E. Economics and sociology of labor: Textbook for universities. – M.: UNITY, 1999.
2. Daft R. Organizations: A Textbook for psychologists and economists. – SPb.: Prime-EVROZNAK, 2001.
3. Dorin A.V. Economic sociology: Textbook. allowance. – Minsk: Ecoperspective, 1997.
4. Zaitsev A.K. Social conflict. – M.: Academia, 2000.
5. Conflicts in modern Russia(problems of analysis and regulation) / Ed. E.I. Stepanova. – M.: Editorial URSS, 1999.
6. Nagaichuk A.F. Conflict of interests in the sphere of social policy // Sociol. research – 2006. - No. 3. – pp. 48–54.
7. Romashov O.V. Sociology of labor: Proc. allowance. – M.: Gardariki, 2001.
8. Social conflictology: Textbook. manual for higher students textbook establishments / N.P. Dedov, A.V. Morozov and others. Ed. A.V. Morozova. – M.: Academy, 2002.
Collection output:
LABOR DISPUTES AND LABOR CONFLICTS AS LEGAL CATEGORIES AND WAYS FOR THEIR RESOLUTION
Kholodionova Yulia Vladimirovna
Ph.D. legal Sciences, Associate Professor of the Department, TGAMEUP, Tyumen
INDUSTRIAL DISPUTES AND LABOR 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 examine the relationship between the concepts of “Labor Dispute” and “Labor Conflict”, and will also explore ways to resolve them, including through the mediation procedure.
ANNOTATION
There is a correlation between the notion of industrial dispute and the 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 man and citizen to individual and collective labor disputes using the methods for resolving them 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 clarity and clarity of its conceptual apparatus. In this aspect, the study of labor disputes also makes sense to begin with 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 Russian language dictionary, 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 type 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 on which the emphasis is placed in this meaning of the dispute is not the only, but only one of the possible ways of existence of the dispute. For example, in some legal systems, it is quite common for disputes to be conducted in writing through the exchange of documents without verbal debate between the parties.
The basis of the dispute is that each participant defends his own opinion. Thus, a 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 competition, 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 lack 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 close in content to the term “conflict” (Latin - conflictus), which when translated into Russian also means clash, struggle, fight. A conflict, in contrast to a dispute, usually means a clash of not just opposing, but rather currently irreconcilable interests or views of people, i.e. a very serious disagreement, a very sharp dispute, resolved by them with the help of open struggle. Thus, it can be stated that from a semantic point of view, the term “conflict” actually means only one type of dispute and therefore, as part of the whole, in principle cannot be considered synonymous with the broader concept of “dispute”.
From a similar perspective, 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 open struggle between individuals or groups in society or between nation-states. This type of conflict often arises from competition for access to or control of scarce resources or capabilities.
In economics, conflict is defined as a clash of opposing interests and views; serious disagreement, heated dispute.
In psychology, conflict is defined as a clash of two or more strong motives that cannot be satisfied at the same time. Psychologically, the conflict is associated 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 actions of one side, when faced with the interests of the other, impede 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 contradictory relationships and actions of people, determined primarily by the objective laws of 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 between 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 the purpose of giving publicity, satisfying the violated interest, attracting public attention, putting pressure on the other side, certain government bodies, and the entire society.
Finally, legal science operates with the concept of “legal conflict,” which is defined as a type social conflict, considered as a confrontation between two or more subjects and caused by the opposition (incompatibility) of their interests, needs, value systems or knowledge.
Thus, in the rank of the interdisciplinary category, conflict must actually be interpreted as an acute 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, naturally, is not synonymous with the general concept of dispute and acts, in fact, as its special variety.
A special place among disputes is occupied by disputes in the actual legal sense of the word, which are characterized by certain distinctive features.
The first of these features is the basis of the dispute, which does not include any disagreement, but only that which has a very specific legal meaning, expressed in the specific subject of the disagreement. Essentially, the subject of such disagreement is the scope of legal ownership of participants in specific social relations. In most cases, such disagreements arise in the relationships of subjects of substantive law, who are already connected by specific legal relations and, therefore, have a certain set of rights and obligations in relation to each other. The desire to change the ratio of rights and obligations filling this complex on the side of a particular subject, as a general rule, in favor of increasing the volume of rights and reducing the number of obligations, is the legal basis of these disputes.
The second sign of a dispute in the actual 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 and legal forms or legally binding or recommended procedures. The parties to a disagreement in this situation 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 actual legal sense of the word should include only those disagreements of a legal nature that arose between subjects of labor law and became the subject of resolution or settlement carried out within the framework of normatively 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.
Firstly, since any collision in 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 considered as a disagreement between the parties to the labor relationship. At the same time, it is obvious that labor and legal disputes can arise not only within the framework of direct labor relations. An example of such disputes can be disputes arising from organizational and managerial relations, including disputes related to the establishment of working conditions, disputes regarding employment, etc. The subjects of these disputes, as a rule, do not coincide with the subjects of the labor relationship. Consequently, all subjects of labor law can be considered as subjects of labor disputes.
Secondly, it should be noted that when defining the subject of labor disputes, the use of the term “disagreement” has become classic.
Labor relations are characterized by the opposing interests of their parties, 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 parties to labor relations with opposing interests arise at a certain stage of their interaction. These disagreements usually occur on a specific issue; their subject is the specific fact of application of established working conditions, assessed differently by the parties to labor relations or closely related relations, or a specific labor condition proposed for establishment by one of the subjects of the contractual agreement. regulation of labor relations and rejected in whole or in part by the other(s).
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 resolved 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” is understood as a lack of agreement due to dissimilarity in opinions, views, contradiction, inconsistency, and by “settlement” - ordering, establishing, directed development of something with the purpose put the system in order. Accordingly, disagreement can be viewed as a lack of orderliness and systematic relationships. Therefore, settled disagreements simply do not exist, which was pointed out back in 1974 by S.A. Goloshchapov and V.N. Tolkunova.
In addition to disagreements that are the subject of a labor dispute of one type or another, disagreements may arise between subjects of labor law that are not related to their relationships in the field of labor and relations directly related to them. For example, in practice, disagreements arise between a trade union organization and an employer related to the terms of non-cash transfer by the employer of trade union membership dues to the bank account of the trade union organization. Although this dispute arises between subjects of labor law, it is of a civil nature and is considered according to the rules established by arbitration procedural legislation.
Of particular importance is the correct distinction between labor and corporate disputes considered by arbitration courts on the basis of Chapter. 28.1 Arbitration Procedure Code of the Russian Federation. The latter include disputes related to the appointment or election, termination, suspension of powers and liability of persons who are or were part of the management and control bodies of a legal entity, as well as disputes arising from civil legal relations between these persons and the legal entity in connection with the exercise, termination, suspension of the powers of these persons; disputes on appealing decisions of the management bodies of a legal entity.
Disagreements between 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 jurisdictional bodies by the parties themselves, and not only in the manner established by law, but also using other methods not directly regulated by current legislation. Therefore, it can be argued that labor disputes can be resolved in a manner that does not contradict the law.
It seems that to understand the essence of the category “labor disputes” it is quite sufficient to indicate the characteristics of the essence of the concept (“disagreement”), the subjects of a labor dispute and the types of disagreements that may arise between the subjects of the dispute.
Based on the above, we can propose the following definition of a labor dispute: a labor dispute is a disagreement that arises between 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 of one of the subjects of the dispute. Such labor disputes are the result of a violation of the employee’s labor rights, the employee causing harm to the employer, as well as the employee’s assumption that his rights have been violated by the employer.
When resolving these labor disputes, the employee’s labor rights are protected or the legality of the employer’s actions is established. The resolution of labor disputes about rights is carried out by an authorized body (primarily a court) upon the application (claim) of a person who believes that his rights have been violated, which indicates their actionable nature.
The main purpose of a dispute about interest is the acquisition by its initiator of a new subjective right that did not previously belong to him. These disputes arise over 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 (either actual or perceived), but a 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. The 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 the parties. Such agreement can be achieved either as a result of direct interaction between the parties, or through the parties submitting the dispute to a third party (independent of each of the parties). Therefore, these disputes are usually called non-litigious.
A dispute related to monetary claims, for example, the subject of which is the collection of wages, actually also acts as a type of property dispute. In the same case, when a labor dispute is associated with a requirement to perform certain actions (the goal is, for example, changing the wording of the reason for dismissal), it no longer has a property nature. Often there are labor disputes that are subject to demands of both non-property and property nature (for example, a demand for reinstatement at work with payment for forced absence).
In some cases, different terminology is used to characterize the same disputes. Disputes related to the receipt of any benefits that can be quantified using money are called economic, and disputes that do not have such an assessment are called non-economic.
To resolve labor disputes in cases where the parties themselves were unable to 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 disorderly and uncontrolled struggle of the conflicting parties, which is dangerous for society. These methods include legal procedures for resolving disputes and procedural forms of their resolution.
The subjects of dispute resolution are usually the disputing parties themselves, who are required to perform a series of sequential actions that constitute the content of the so-called conciliatory dispute resolution procedure.
The subject of dispute resolution, as a rule, is a body “external” to the disputing parties, which, by force of law, has the authority to resolve the dispute in the so-called jurisdictional procedure, which constitutes the content of the procedural form of dispute resolution.
As a general rule, the subject of dispute resolution within the framework of procedural forms is the court, to whose resolution disagreements are submitted. At the same time, some categories of labor disputes have a pre-trial resolution procedure, which in any case does not exclude litigation.
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 order.
An example of labor disputes of the first category can be labor disputes regarding dismissal, which are 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 resolved both in pre-trial procedure, for example, by initially contacting the CCC, or in court, either when appealing a CCC decision that does not suit one of the disputing parties, or by directly filing a claim directly to the court.
Currently, the procedure for considering individual labor disputes has one significant drawback - the inevitable subjective approach of the judge, because it is no secret that the current labor legislation suffers from the ambiguity of its norms, which allows the law enforcer to interpret them in a way that is beneficial to him. A federal judge hearing a dispute alone, one way or another, makes a decision based on the legal norms he read from the perspective of only one side.
It should be noted as a promising method - an alternative form of conflict resolution - mediation procedures, with the participation of a third neutral, impartial party not interested in this conflict - a mediator who helps restore and then strengthen direct ties between the conflicting parties in order for the conflicting parties to develop a specific agreement on dispute.
The essential principle of mediation is that only a solution developed through their joint efforts can satisfy the interests of the parties, therefore the willingness of the parties to actively participate in finding a resolution to the conflict situation, a solution that will satisfy everyone, is important.
The best prerequisite for mediation is a situation where 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, lives up to its name and an appropriate regulatory framework has been formed for it, which allows, if it arises, to streamline and restore the rights of the disputing parties.
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Introduction
Chapter 1. Theoretical part
1 The concept of conflict. Types and functions of conflict
2 Causes of conflicts in the world of work
Chapter 2. Analytical part
1 Conflict resolution analysis
2 Conflict prevention
3 Methods for resolving labor conflicts in modern conditions and characteristic features of conflicts in enterprises
Conclusion
Introduction
“A conflict is an open clash between members of a team, which is characterized by their confrontation based on opposing motives (needs, interests, goals, ideals, beliefs) or judgments (opinions, views, assessments, etc.).”
Within an organization, a conflict can always be resolved in one way or another in a finite time, but the conditions of struggle in the external environment of the organization will inevitably affect the emergence of conflicts within the organization. The simplest version of such a conflict is a lack of resources in the external environment, which forces the organization to work in conditions of scarce resources, and in the internal environment there will also be a need to fight for them.
There is another definition of conflict as “a lack of agreement between two or more parties, who may be individuals or groups. Each side does everything to ensure that its point of view or goal is accepted, and prevents the other side from doing the same.”
The modern view is that even in well-managed organizations, some conflict is not only possible, but may even be desirable.
In many situations, conflict helps to reveal a diversity of points of view, provides additional information, and helps voice a large number of alternatives or problems. This makes the group decision-making process more effective, giving people the opportunity to express their thoughts and thereby satisfy their personal needs for self-esteem, which can also lead to more effective implementation of plans.
Analysis of studied sources and literature. The chosen topic is quite relevant in modern society. Its elaboration was undertaken by many authors both abroad and in Russia. The most famous works of domestic authors: I.E. Vorozheikin, A.Ya. Kibanov, D.K. Zakharov, A. Komarov, E. Komarov, V.P. Ratnikov and others.
The goal is to provide recommendations on how to resolve them, based on research into conflicts in management at Russian enterprises.
consider the nature, essence and structure of conflicts;
show methods of conflict resolution, methods of diagnosis and prevention;
explore conflicts at Russian enterprises, show general principles, rules, recommendations used in conflict management.
The object of the study is conflicts that arise in the world of work and methods for resolving them.
The subject of the study is conflicts in the field of management in modern conditions.
Theoretical and methodological basis in course work Structural, systemic and analytical approaches were used.
Chapter 1. Theoretical part
.1 The concept of conflict. Types and functions of conflict
Conflict is an open clash between members of a team, which is characterized by their confrontation based on opposing motives (needs, interests, goals, ideals, beliefs) or judgments (opinions, views, assessments, etc.).
Social connections inherent in society as a complex system and an integral entity are stable in nature and are reproduced in the historical process, passing from one generation of people to another. They are real because they are carried out through joint activities at a certain time and to achieve specific goals. These connections and relationships are established not at the whim of anyone, but objectively, under the influence of the conditions in which a person exists, acts, and creates.
Moreover, society is not a simple collection of individuals and their relationships. Representing an integral system with a qualitative state characteristic of it, it is primary in relation to the individual. Each individual, when born, finds a formalized structure of previously established connections and, as he socializes, becomes involved in it, assimilates what has become by that time accessible to people knowledge and values, defined norms of behavior.
It is right to assume that interpersonal conflict- one of the ways human beings interact. The purpose of the conflict was and is to overcome excessively aggravated contradictions, to find an optimal way out of the confrontation that has arisen, to maintain the interaction of subjects of social ties in conditions of a serious divergence of their interests, assessments, and goals. Conflict should be perceived as a completely normal social phenomenon, process and way of interaction between people. Like a person, society by its very nature cannot be absolutely perfect, ideal, conflict-free. Disharmony, contradictions, conflicts are constant and inevitable components of social development. Conflict is a conscious phenomenon, a deliberate action. Conflict appears as awareness at the level of an individual, social group or broader community of the inconsistency of the process of interaction and relationships, differences, and even incompatibility of interests, value assessments and goals, as a meaningful confrontation. Next trait:
under social conflictunderstand any type of struggle between individuals, the goal of which is to achieve the means of production, economic position, power or other values that enjoy social recognition, as well as the subjugation, neutralization or elimination of the real enemy Non-conflict- this is an illusion, a utopia, and certainly not good. Conflicts, like any social contradictions, are a form of real social connections, which precisely express the interaction of individuals, the relations of social groups and communities with the discrepancy and incompatibility of their needs, motives and roles. It is very significant that conflict- this is a social phenomenon, a way of interaction between people when their incompatible views, positions and interests collide, a confrontation between two or more parties that are interconnected but pursuing their own goals. And one more important feature, which is expressed in the fact that conflict is a predictable phenomenon that is subject to regulation. This can be explained by the very nature of conflict clashes, the forms of interaction between the parties involved, and their interest in the outcome and consequences of the confrontation. Firstly, conflict interaction is distinguished by the fact that the opposition in it between representatives of divergent interests and goals simultaneously serves as a connecting link for them. Secondly, any participant in a conflict confrontation must, in one way or another, argue his position, substantiate his claims and make efforts to implement the demands he puts forward. If we summarize the above about conflict and proceed from its widespread understanding as a clash of parties, opinions and forces, then for management science and the applied significance of conflictology, the following definition will probably be the closest and most acceptable: conflict
- this is a normal manifestation of social connections and relationships between people, a way of interaction when incompatible views, positions and interests collide. Types of conflicts Approaches to classification can be very different. Thus, sociologists pay attention primarily to the macro or micro level of conflicts, to their main types such as socio-economic, national-ethnic and political. Lawyers distinguish between intra- and extra-systemic conflicts, the spheres of their manifestation, including family, cultural and social-labor, as well as a wide variety of economic, financial and property conflicts that arise in a market economy. Conflicts in work collectives are classified according to various criteria: )by nature of occurrence- business and emotional. Business conflicts have a production basis and arise in connection with the search for ways to solve complex problems, with the attitude towards existing shortcomings, the choice of a manager’s style, etc. They are inevitable. Emotional conflicts are of a purely personal nature. The source of these conflicts lies either in the personal qualities of opponents or in their psychological incompatibility; )by direction of interaction- vertical and horizontal, that is, between opponents of different ranks and the same rank; )on the impact on the development of the workforce- destructive and constructive. Constructive are useful and find expression in disputes and discussions; destructive ones hinder the development of the workforce; )by number of participants- intrapersonal, interpersonal, intergroup, between individuals and the group. · Intrapersonal conflict.This type of conflict does not fully meet the definition. Here the participants in the conflict are not people, but various psychological factors inner world personalities that are often incompatible: needs, motives, values, feelings. Internally, personality conflicts associated with working in an organization can take various forms. One of the most common forms is this is a role conflict,
when a person's different roles place conflicting demands on him. For example, being a good family man(the role of father, mother, husband, wife, etc.), a person must spend the evenings at home, and the position of a manager may oblige him to stay late at work. Or: the workshop manager instructed the foreman to produce a certain number of parts, and the technical manager at the same time ordered a technical inspection of the equipment. The cause of the first conflict is a mismatch between personal needs and production requirements, and the second is a violation of the principle of unity of command. Internal conflicts can arise in production due to work overload or, conversely, lack of work when it is necessary to be at the workplace. · Interpersonal conflict.This is the most common type of conflict. It manifests itself in different ways in organizations. Many managers believe that the only reason for it is the dissimilarity of characters. Indeed, there are people who, due to differences in characters, views, and behavior, find it very difficult to get along with each other. However, a deeper analysis shows that such conflicts, as a rule, are based on objective reasons. Most often, this is a struggle for limited resources: material resources, production space, time to use equipment, labor, etc. Everyone believes that it is he who needs the resources, and not the other. Conflicts arise between a manager and a subordinate, for example, when the subordinate is convinced that the manager makes unreasonable demands on him, and the manager believes that the subordinate does not want to work to his full potential. · Conflict between the individual and the group.Informal groups establish their own standards of behavior and communication. Each member of such a group must comply with them. The group views deviations from accepted norms as a negative phenomenon, and a conflict arises between the individual and the group. Another common conflict of this type is between the group and the leader. Such conflicts are most difficult when authoritarian style manuals. · Intergroup conflict.An organization consists of many formal and informal groups, between which conflicts can arise. For example, between management and performers, between employees of different departments, between informal groups within departments, between the administration and the trade union. Unfortunately, a common example of intergroup conflict is disagreement between higher and higher low levels management, i.e. between line and staff personnel. Conflict functions It is possible to identify a number of functions that are, in particular, of the most significant importance in managing the organization and the behavior of personnel. One of the main functions of conflict is the one through which an integrating effect is achieved and affects sustainability and stability. social system, formation and consolidation of groups, correlation of individual and collective interests, readjustment of the management mechanism. Intragroup conflict usually has a positive ending, allows you to learn useful lessons from the mistakes and blunders of group members, stabilize their relationships, strengthen cooperation, orient everyone to adhere to common standards of behavior, raise the bar of social optimism and business ethics, which ultimately ensures coherence and increased productivity collaboration. The most important function of conflict is the activation of social connections, giving the interaction of people and their relationships greater dynamism and mobility. This affects the pace of socio-economic development both in society and within an individual organization, and determines one or another degree of business spirit. For any group, cohesion, a measure of attraction to each other and to the group as a whole, are important. Basic basis Such attraction is formed, firstly, by the attractiveness of the association’s goals, and secondly, by the similarity of views and value orientations of its members, the effectiveness and ease of group ties. However, it should be borne in mind that the achieved cohesion, the unifying principles within the team, carry the risk of replacing individual egoism with group egoism, which is expressed by antipathy, hostility, enmity and even hatred towards other groups (collectives). More often than others, the subjects of confrontation in intergroup relations are employees of various inspection services, which carry out, in particular, technical control, including product quality, sanitary and environmental supervision, occupational safety and work safety inspection, audit and other forms of financial and economic revisions. Significant functions of conflict include signaling about hotbeds of social tension. A conflict encounter not only reveals unresolved problems and serious failures in the conduct of business, but also provides an opportunity for open expression of people's needs, interests and aspirations, their dissatisfaction or protest. In conflict conditions, people are more clearly aware of both their own and those alien to them interests, objective trends and contradictions of social development, the need to overcome obstacles to progress and achieve maximum benefit. Original, newly formulated ideas, rejection of ingrained habits and outdated traditions very often encounter rejection, resistance, and a negative reaction. Typically, conflict stimulates initiative, creative activity, mobilization of creative forces, the search for non-standard approaches to solving complex problems, the optimal choice from alternative options - a choice that ultimately leads to increased efficiency of joint work. At the same time, conflict can also intensify manifestations of ill will in the relationship between those involved in the confrontation, causing dissatisfaction with the results of interaction, depression of spirit, “withdrawal,” and decreased efficiency at work. An important function of conflict is prevention (prevention) of destructive confrontations. By achieving a detente between the parties to the conflict, resolving emerging and aggravated disagreements, it is possible to avoid collisions with significant material damage and moral losses, long-term discord in the team, knocking the entire organization out of its normal rut. The main task is to give the conflict as functional a positive character as possible, to minimize the inevitable damage from its negative consequences. Among the typical causes of labor conflicts are: 1)
Resource Allocation. Even in the largest organizations, resources are always limited. Management can decide how to allocate materials, people, and finances in order to most effectively achieve the organization's goals. It doesn't matter what exactly this decision concerns - people always want to get more, not less. Thus, the need to share resources almost inevitably leads to various types of conflict. 2)
Task Interdependence. The potential for conflict exists whenever one person or group is dependent on another person or group to complete tasks. Certain types organizational structures increase the possibility of conflict. This possibility increases, for example, with a matrix structure of an organization, where the principle of unity of command is deliberately violated. 3)
Differences in Goals. The potential for conflict increases as organizations become more specialized and divided into departments. This happens because departments can formulate their own goals and pay more attention to achieving them than achieving the goals of the organization. For example, the sales department may insist on producing as many different products and variations as possible because this improves competitiveness and increases sales. 4)
Poor communications. Poor communication can be both a cause and a consequence of conflict. It can act as a catalyst for conflict, preventing individuals or groups from understanding the situation or the points of view of others. For example, if management fails to communicate to workers that a new performance-related pay scheme is not intended to squeeze workers out of work but to increase the company's profits and position among competitors, subordinates may react by slowing down the pace of work. Other common communication problems that cause conflict are ambiguous quality criteria, the inability to accurately define the job responsibilities and functions of all employees and departments, and the presentation of mutually exclusive job requirements. These problems may arise or be exacerbated by the failure of managers to develop and communicate accurate job descriptions to subordinates. )Ignorance or disregard by the employer of the norms of current labor legislation. 6)Reduced labor and social guarantees for workers. 7)Inaction of the administration in improving working conditions. Chapter 2. Analytical part
.1 Conflict resolution analysis
Resolving labor conflicts inherently involves changing the conflict situation itself. First. Quite often they use the so-called mechanical method of conflict resolution. Its essence boils down to the fact that the object of the conflict can be withdrawn from circulation, or can be replaced by another object. An example would be a situation where one wage system, which caused labor conflicts, is replaced by another; time-based to piecework. Either all opponents, or one of the parties, may be eliminated or their rank will change. Quite often we see when the administration, under some pretext, tries to fire workers who are dissatisfied with the remuneration system or the amount of wages, or transfer them to another area of work. It should be noted that the mechanical method of resolving the conflict, when one of the opponents is removed, is not always justified. In relation to our example, it often happens that new workers hired to replace dismissed workers, finding themselves in similar conditions, also begin to express dissatisfaction with the remuneration system. In this regard, other schemes for resolving labor disputes become important. Second.Changes in the relationship of opponents to the object due to changes in the characteristics of opponents and the object; the qualities of the object change, the availability of this object for opponents changes, or any conditions will be imposed on the manipulation of this object. For example, during negotiations with the administration, Workers became convinced of the fairness of their wages and changed their claims and their attitude towards the object of the conflict. (Change in the characteristics of opponents.) A process of reconciliation of opponents took place without changing the object - increasing wages or changing the payment system. Of course, there are also cases when they try to either ignore the conflict or suppress it through a ban on discussing its causes, threats of sanctions, etc. Such situations actually lead to a loss of control over conflict processes. Research has repeatedly proven that only the very fact of discussing the problem between the parties has already led to the relief of social tension. Therefore, it is rightly believed that the most effective methods of preventing and resolving labor conflicts in the early stages of their occurrence are negotiations. Business negotiations as a way to prevent and resolve conflict. It should be noted that negotiations are not just a set of methods for resolving conflicts in general and labor conflicts in particular. Negotiations should be viewed as a complex phenomenon: negotiationThis is a process of communication to jointly solve a problem and meet the needs of the subjects and the mutual interests of the parties. In the process of negotiations, the interests of the subjects are learned and agreed upon, an emotional mood is formed, and the methods for realizing these interests are determined and developed. The importance of understanding the use of negotiations as a means of preventing and resolving contradictions and conflicts is that such an approach helps maintain a state of peaceful interaction between warring parties. This indicates the need to find ways to solve the problem before the forceful actions taken by one of the parties (or all parties involved in a state of confrontation) to achieve their goals make peaceful cooperation impossible. 2.2 Conflict prevention
There are a number of obstacles that reduce the possibility of preventing conflicts and directing their development in a constructive direction. This obstacle is of a psychological nature and is associated with such a generic quality of human psychology, which is characterized as an irresistible human desire for freedom and independence. The existence of some generally accepted moral norms governing human relationships. This obstacle is of a legal nature and is due to the fact that in countries with developed democratic traditions, some universal moral norms have acquired the form of legal norms that protect fundamental rights and freedoms of the individual. Therefore, successful conflict prevention activities can only be carried out within the boundaries established by psychological, moral and legal requirements for the regulation of human relationships. “Conflict prevention is, at its core, an impact on those socio-psychological phenomena that may become elements of the structure of a future conflict, on its participants and on the resources they use. Since every conflict is associated with the infringement of certain needs and interests of people, both material and spiritual, its prevention should begin with its distant, deep preconditions, with the identification of those causes that potentially contain the possibility of conflict.” As noted, all the diverse causes of conflicts can be presented as having two levels: ) objective, or social; ) subjective, or psychological. Objective or social reasons- these are the economic, political and spiritual contradictions of social life. Methods for preventing the causes of conflicts at this level come down to: pursuing economic and cultural policies based on the principles of equality and social justice; strengthening the principles of law and order in all spheres of society; increasing the cultural level of the population. The implementation of these social programs is the most reliable means of eliminating destructive conflicts, as well as many other negative phenomena, from social life. The most important role among these programs is played by the impact, primarily through the media, on the spiritual world of people, the elimination of the “subculture” of violence and aggression from the mass consciousness, a change in value orientations towards respect for individual rights, goodwill in relationships, strengthening mutual trust, overcoming intolerance and violence. Knowledge and taking into account in practical activities the general causes of various conflicts helps, through the use of the deductive method, moving from the general to the specific, to understand the sources of not only interpersonal conflicts, but also in conflicts within small groups, as well as in those large-scale confrontations that sometimes cover the entire society . By deductive method, i.e. starting from general ideas about the causes of conflicts, it is possible to forecast, predict the possibility of the emergence of a wide variety of social conflicts and prevent them in a timely manner. Conflictology identifies among the causes of conflicts, in addition to social ones, also causes of a different kind - psychological. A developed psyche is an integral quality of a person, which manifests itself in all forms of his activity, and it is also a subjective reflection of objective reality. But this feature of the human psyche, its high level of development, also determines its relative independence, independence from the natural and social environment with which it is connected. These are conflicts generated by feelings of betrayed trust, mutual hostility, injured pride, doubts about the correctness of the chosen path in life and other purely psychological reasons. It is possible to prevent or weaken a conflict at the psychological level only by neutralizing the aggressive feelings and aspirations of people, which is a very, very difficult task. However, when working to prevent conflict of any kind, one cannot rely on the use of any quick-acting, miracle cures. This is not one-time work, but systematic, everyday, everyday work. The most reliable way to prevent conflicts
both psychological and social level is the creation in the family, in the organization, in the team, and finally, in society as a whole, of such a moral and psychological atmosphere that excludes the very possibility of the emergence of aggressive aspirations leading to a serious conflict. Achieving this lofty goal is possible only as a result of the consistent implementation of a whole set of well-thought-out measures to strengthen relations of cooperation and mutual assistance between people. A universal way to prevent such conflicts is to pursue a line of strengthening cooperation, which is consistently carried out both at the social and psychological levels. Maintaining and strengthening cooperation and mutual assistance is the central problem of all conflict prevention tactics. Its solution is complex and includes methods of a socio-psychological, organizational, managerial and moral and ethical nature. The most important socio-psychological methods aimed at correcting people’s thoughts, feelings and moods are the following: The consent method involves carrying out activities aimed at involving potential conflictants (participant in the conflict) in a common cause, during the implementation of which potential opponents acquire a more or less wide field of common interests, they get to know each other better, get used to cooperating, and jointly solving emerging problems. The method of benevolence, or empathy (sympathy, empathy), developing the ability to empathize and sympathize with other people, to understand their internal states, involves expressing the necessary sympathy for a workmate, partner, and readiness to provide him with practical assistance. This method requires the exclusion of unmotivated hostility, aggressiveness, and impoliteness from relationships. A method of preserving a partner’s reputation and respect for his dignity. When any disagreements arise that are fraught with conflict, the most important method of preventing negative developments is to recognize the dignity of the partner and express due respect for his personality. Another effective tool for conflict prevention is the method of mutual complementarity. It involves relying on a partner’s abilities that we ourselves do not have. The method of complementarity is especially important when forming working groups, which in this case often turn out to be very strong. The method of preventing discrimination against people requires avoiding emphasizing the superiority of one partner over the other, and even better, any differences between them. For this purpose, management practice, especially in Japanese companies, often uses elements of equalizing material incentives for all employees in the company. In the interests of increasing anti-conflictpotential of the organization, it is advisable to share merits and rewards among everyone, even if they largely belong to one person. This principle is widely applied in everyday life. And finally, the last of the psychological methods for preventing conflicts is borrowed from animal training specialists, from trainers who, as we know, always reward their students for well-executed commands. This method can conditionally be called the method of psychological stroking. He assumes that people’s moods and feelings can be regulated and require certain support. For this purpose, practice has developed many ways, such as anniversaries, presentations, various forms of joint recreation for members of work collectives. These and similar events relieve psychological stress, promote emotional release, evoke positive feelings of mutual sympathy, and thus create a moral and psychological atmosphere in the organization that makes it difficult for conflicts to arise. Summarizing what has been said, it should be emphasized that conflict prevention is facilitated by everything that ensures the preservation of normal business relations and strengthens mutual respect and trust. 2.3 Methods for resolving labor conflicts in modern conditions and characteristic features of conflicts in enterprises social labor protest conflict Permission
- the final stage of the conflict process. It is carried out either through a change in the objective situation, or at the cost of 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 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 attitude towards struggle is replaced by an orientation towards cooperation. With partial resolution of the conflict, only open conflict behavior disappears, but the internal urge to continue antagonism remains, restrained by will, reasonable arguments, or fear of sanctions from a third party. 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 - to full solution leads to the finding of additional means (financial, organizational, informational) that reduce social dissatisfaction. Partial removal of the severity is carried out by imposing administrative sanctions on one or both parties to the conflict. However, this type of power influence does not give the desired effect. Characteristic features of conflicts in enterprises According to research, there are three types of “protest enterprises” in Russia: The first type is those whose employees are protesting against non-payment of wages, job cuts, deterioration of their financial situation, closure of the enterprise, etc. Today, such “protest enterprises” are the majority. The second type is enterprises whose employees protest against the change of administration by new owners. The motives are very different: possible “punitive” actions on the part of the old administration (if it continues); publication of plans by the new owners to reduce production, repurpose it, cut jobs, etc. The third type is enterprises whose employees raise the level of their demands: the abolition of the authoritarian enterprise management system and the democratization of economic power in the enterprise, regardless of the type of ownership, including the so-called employee ownership, which in fact in most cases is “directorial”. This circumstance contributes to the ongoing collapse of illusions regarding this form of ownership, and above all in its joint-stock form, the size of which is decreasing at a rapid pace. From their own experience, many, if not most, Russian employees have become convinced that formal ownership of shares, even when they own a controlling stake, does not provide them with the opportunity to make management decisions. Ways to democratize economic power, outlined in the demands of workers of this type of “protest enterprises” in Russia: a) division of economic power. This fits well with the world practice of splitting property rights - the rights of ownership, use and disposal and makes possible the real participation of workers in the management of the enterprise; b) radical redistribution of economic power in the enterprise from capital and its representatives to labor represented by bodies authorized by them: trade union committee, council of the labor collective, work committee, etc. This kind of demand is put forward primarily in the conditions of bringing the enterprise to artificial bankruptcy through: · secondly, the supply of the enterprise’s products to “friendly” intermediary firms at prices often below cost; · thirdly, purchases of raw materials and materials also from “friendly” intermediary companies at inflated prices compared to market prices (part of the difference in prices ends up in the pocket of its general director). Research has shown: firstly, the successes achieved towards the implementation of the above goals: a) the removal of the old administration and the arrival of a new one, some of which recognize the right of workers to participate in the management of the enterprise, as is the case; b) introduction of employee representatives into the management bodies of the enterprise; c) securing the right of workers to real participation in the management of the enterprise in a collective agreement; d) establishing working control, for example, control over the shipment of products and receipt of payment for it; e) developing forms of democracy at the workplace level; f) taking economic power in an enterprise on the basis of property rights. Obstacles that stand in the way of democratization of economic power at the enterprise. The main obstacles are highlighted: -The first obstacle. Hostile external environment - political, ideological, economic. This environment is doing everything possible to suppress the protest movement of workers in any developed forms. -The second obstacle. Attempts, and not unsuccessful ones, to force workers to play other people's games. The third obstacle. The overall degree of solidarity among the labor collectives of the country’s “protest enterprises” and the coordination of their actions is weak. -The fourth obstacle. Commitment of the management hierarchy to authoritarian methods of leadership. -The fifth obstacle. Low competence of workers, and often their leaders, in matters of the economic life of the enterprise. Possible ways to resolve social conflicts in the field of enterprise management. Let us also highlight the most effective and promising: Based on the labor rights of workers (as participants in the process of production of goods and services): a) introducing changes and additions to the traditional layout of the collective agreement (enterprise charter), aimed at expanding the scope of workers’ rights 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 so-called supporting structures of industrial democracy in the form of incubators, consulting services, a system of economic training for workers and some others that have proven themselves in many countries. Based on property rights (the rights of shareholders, shareholders of their enterprise): a) consolidation of individual blocks of shares of employees; b) inclusion in the charter of the enterprise of the Regulations on the creation of the Fund for the corporatization of employees of the enterprise; c) purchasing shares from employee-shareholders who left the enterprise on terms favorable to 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; e) transfer on a trust basis of shares owned by employees, and thereby the right to vote to their authorized person at the general meeting of shareholders, in other management bodies of the enterprise; f) sale of employee 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 qualifications of employees, improving the system of labor protection and health of workers, etc. There are several fairly universal principles of conflict management: 1)
institutionalization
conflict, i.e. establishing norms and procedures for resolving or resolving conflict. Typically institutionalization includes: prohibition on the use of violent means; limiting the number of participants and areas of manifestation of the conflict; acceptance by all parties of certain rules for conflict resolution - organizational and (or) ethical standards, clear agreements, etc.; control by third parties ( government agencies, arbitrators, etc.); ) legitimation of the conflict resolution procedure, i.e. recognition by all parties of the legality and fairness of a certain procedure for resolving the dispute; ) structuring conflicting groups, i.e. determination of the participants in the conflict; ) reduction of conflict, i.e. its consistent weakening by transferring it to a softer level of confrontation or confrontation. Two interrelated lines of conflict reduction can be distinguished, depending, firstly, on the nature of the opponent’s perception; secondly, on the nature of the rivalry. The style of behavior in a conflict coincides in meaning with the method of resolving it. Regarding communication between people, style is a manner of behavior, a set of characteristic techniques that distinguish the way of action, i.e. in this case, a way to overcome a conflict situation, to solve the problem that led to the conflict. Therefore, the path to conflict resolution lies through five ways, as graphically depicted in the Thomas-Kilmann grid, namely: avoidance, accommodation, confrontation, cooperation, compromise. Determining a strategy for resolving a specific conflict is associated with choosing a method of action that is equivalent to the style of conflict behavior. In this case, it is necessary to take into account a number of significant circumstances, which in one way or another come down to the use of incentive measures, including persuasion and coercion. Firstly, the main task in resolving any conflict is to, if possible, give it a functionally positive character, to minimize the inevitable damage from the negative consequences of confrontation or acute confrontation. This result is achievable if the parties to the conflict show an honest and friendly 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. sustainable, stable agreement of all parties. With consensus, it is not at all necessary that the general agreement be unanimity - a complete coincidence of the positions of all participants in the conflict resolution process. It is enough that there is no objection from any of the opponents, because consensus is incompatible with the negative position of at least one of the parties involved 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 option, there is a superficial weakening of disagreements, which over time can re-emerge. With complete resolution, the conflict ends at both the objective and subjective levels. The conflict situation is undergoing dramatic changes, its reflection in the minds of opponents means transformation, the transformation of the “image of the enemy” into the “image of the partner”, and the psychological orientation toward struggle and opposition is replaced by an orientation toward reconciliation, agreement, and partnership cooperation. Partial resolution does not eradicate the causes of the conflict. As a rule, it expresses only an external change in conflict behavior while maintaining the internal motivation to continue the confrontation. The restraining factors are either strong-willed arguments coming from the mind, or the sanction of an outside force influencing the participants in the conflict. The measures taken are aimed at convincing or forcing the conflicting parties to stop hostile actions, to exclude anyone’s defeat, and to point out means to promote mutual understanding. Thirdly, an individual or social group, correlating the interests of the conflicting parties and the parameters of their behavior, choose a priority method for resolving the conflict, the most accessible and acceptable in the given conditions. It is necessary to understand that not every style, and therefore not every method, is suitable for a specific situation. Each method is effective only when resolving a certain type of conflict. To confirm this, let us turn to the situation described in the book by V.P. Sheinova “Conflicts in our lives and their resolution.” (p. 157). Private enterprise is thriving. The owners are individuals, two people, working at the same enterprise. They receive large dividends on their invested capital. The chief accountant, besides wages and bonuses for vacation, has nothing. He is literally swamped with work. There is much that is unclear and contradictory in legislative acts. But the chief accountant skillfully “wades through” the palisade of laws, regulations and instructions, providing additional profit through tax savings. The regulatory authorities and the tax inspectorate have no complaints, however, in order to achieve this, we have to systematically rework it. The chief accountant is annoyed that for his professionalism, processing and creation additional profit materially has nothing. Moreover, his income is incomparably less than the income of the founders. The founders believe that they are fulfilling the terms of the agreement and do not want to change anything. A conflict is brewing. Formally, the owners of the enterprise, who also have a higher rank, are right: the amount of the chief accountant’s salary and the procedure for his bonuses are provided for in the employment contract, which is carried out without violations. In this case, the founders can quite reasonably ignore the claims of their employee without attention, choosing an evasive method to resolve the pending conflict. But in such a choice of the founders there is a big risk of facing serious troubles in the future if, in response to their inaction, the chief accountant is less resourceful in maintaining financial records, stops being creative in his work, or even leaves for another company. The development of a conflict in any of the mentioned options threatens the enterprise with the loss of part of its profits. It may lose an experienced accounting specialist. Therefore, it is more profitable for the owners to make a concession and increase the financial interest of the chief accountant by changing the contractual terms of payment for his work. In this case, the method of adaptation will be a priority on their part. The method of confrontation is often chosen by participants in collective labor disputes, local and general social conflicts. They often take their disagreements with employers on social and labor issues to an extreme form - a strike, using the threat of causing tangible economic damage, as well as psychological pressure through rallies, demonstrations and hunger strikes, putting forward political demands to the authorities, etc. Cooperation is a very effective way to resolve conflicts in organizations, allowing, through open collective discussion and mutual agreement, to achieve satisfaction of the interests of the conflicting parties. Let's look at a specific situation as an example. Regarding the project for the reconstruction of one of the main workshops of a large industrial enterprise collided completely different approaches to solving the problem. A group of specialists, supported by workshop workers, proposed an option for upgrading equipment and improving existing technology without stopping the production process. A group of specialists representing general plant services came up with a more radical project, designed to completely replace equipment and transfer the workshop to new technology. Both groups appealed to the management of the enterprise, proving the advantages of their project and the unacceptability of the other. The conflict grew between them. The General Director decided to hold a plant-wide meeting to preliminary review the proposed workshop reconstruction projects. He also appealed to scientists from the industry research institute with a request to provide an expert opinion on the mentioned projects. A comprehensive discussion of the workshop reconstruction projects proposed for consideration and the authoritative judgment of the research institute’s specialists made it possible to identify the strengths and weaknesses of the projects and to understand the essence of the author’s justifications. During the discussion, the positions of supporters of different projects converged and, ultimately, a common opinion emerged regarding the parameters of the optimal option. The focus of the enterprise management on creating favorable conditions for cooperation made it possible not only to reconcile the conflicting parties, but also to resolve the growing conflict in such a way as to direct the common efforts of all specialists to the implementation of an important production and technical task... Compromise is now a widespread way to resolve conflicts. In particular, this is due to the fact that our time is characterized by increased dynamism of events and close conjunction of social forces. A certain equilibrium and balance are required, an indispensable consideration of both what leads to rapprochement towards cooperation and what violates partnerships, gives rise to competition, confrontation and aggravation of conflicts. A classic example of a compromise is the relationship between seller and buyer in the market, including small-scale wholesale trade in food and non-food products. The result of the purchase and sale (mainly an agreement on price) is the desired fruit of a compromise, mutual concessions that suit both parties. At the same time, the constant appeal to compromise shows that there are no universal, only suitable means, that any method as a set of techniques and rules has limitations depending on the situation, the parties to the conflict and the problems they solve. Compromise is convenient because it does not oppose other methods of conflict resolution and does not exclude their use on an equal basis or in combination with itself. 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 serves as confirmation of the fact that none of the five styles of behavior in conflicts or methods of resolving them 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 usefully use any of the methods, to consciously make one or another choice based on a specific conflict situation. Conclusion
Having considered the problem of conflicts in the field of management, we can conclude: that conflict is a normal manifestation of social connections and relationships between people, a way of interaction when incompatible views, positions and interests collide, a confrontation between interconnected but pursuing their own goals of two or more parties. Other definitions are also possible. Consequently, the main task is to give the conflict as positive a character as possible and to minimize the inevitable damage from its negative consequences. The way to resolve the conflict is a compromise between the parties who admitted that they were wrong: some (the management of the construction department) - on the essence of the problem, others (the site workers) - on a defiant form of protest. As a result, a functionally positive result prevailed. The time of post-conflict emotional experiences, frustration, disorganization of human relationships, disruption of business contacts, as a rule, can be many times longer than the time of the conflict itself. From the point of view of the mental state of the warring parties, the conflict acts simultaneously as both a defensive and a reactive, emotionally charged reaction. Any conflict in an organization is a direct result of the accumulation of dissatisfaction with the existing situation, increasing contradictions, and exacerbation of social tension. In the Russian Federation, the common factors of such tension at present are, in particular: dissatisfaction with the progress and results of economic reform; large social costs of introducing market relations; administrative and legal chaos; an increase in crime and signs of moral degradation. In addition to this, conditions specific to a particular sector of the economy, a region of the country or a specific organization may serve. Conflict prevention is facilitated by everything that ensures the preservation of normal business relations and strengthens mutual respect and trust. Possible ways to resolve social conflicts in the field of enterprise management: · establishment of working control; · creation of so-called support structures of industrial democracy. · consolidation of individual shareholdings of employees; · purchasing shares from employee-shareholders who left the enterprise on terms favorable to them; · transfer on a trust basis of shares owned by employees; · sale of employee shares List of used literature and sources
1.Constitution of the Russian Federation (Chapter 2, Articles 18, 19, 22, 37) - Moscow, 2009 2.Labor Code of the Russian Federation (Chapter 2, Art. 16, 38) - Moscow, 2010-2011. .AND I. Antsupov, A.I. Shipilov. Conflictology. - Moscow, 2006 - p. 551. .Antsupov A.Ya., Shipilov A.I. Dictionary of conflict specialist - 2009 - p. 545. .Vorozheikin I.E., Kibanov A.Ya., Zakharov D.K. Conflictology. Textbook. - M., 2007. - p. 224. .Dubrovin Yu.I. Conflictology and security - 2006 - p. 230. .Kibanov A.Ya. Fundamentals of personnel management: Textbook - 2nd ed. - Moscow, 2008 - P. 265. .Kozyrev G.I. Introduction to Conflictology - M.: 2008 - p. 511. .Conflictology / Ed. V.P. Ratnikova. - M.: UNITY-DANA, 2008. - 512 p. 10.Meshcheryakov B.G., Zinchenko V.P. Psychological Dictionary - 2008 - p. 642. 11.Ostapenko Yu.M. Labor Economics: Proc. manual - 2nd ed. - INFRA, 2007 - 272 p. .Reznik S.D. Organizational behavior: Textbook. - 2nd ed., revised. and additional - M.: INFRA-M, 2006 - P. 321. .Social conflicts in modern Russia - M.: URSS, 2007 - p. 346. .Explanatory Dictionary V.I. Dalia - 2006 - p. 1426. .Yandex. Dictionaries - psychology. .http://www.trudprava.ru/index.php?id=1671 - methods of resolving labor disputes
Conflicts arise from time to time in any work team, and managers, of course, have to take part in resolving them. Scientists involved in management theory recognize that the complete absence of conflict within an organization is not only an impossible condition, but also undesirable.
People connected by the bonds of joint business activity collide in their own interests and then a conflict occurs, it disorganizes people, puts them in a state where they begin to be controlled by emotions, not reason.
The basis of any conflict is the clash of people, their opinions, positions, and views. If some positions are not shared by all members of the team, these disagreements will not necessarily turn into conflict. In the event of a conflict, differences in views are complicated by emotional experiences, people's behavior changes, and a situation of acute confrontation develops. At the same time, as a rule, a person enters into conflict only in a situation that is significant to him, when he sees no other opportunity to change it.
It is almost impossible to insure against conflicts, since in any organization there are a lot of objective reasons that can contribute to the aggravation of the situation. Thus, any situation related to the limitation of resources to be distributed leads to tension. The appearance of information acceptable to one side and unacceptable to the other (rumours, gossip) stimulates inappropriate behavior some employees. An example of such a situation would be the conduct of certification in a team, when employees were not informed about changes in the selection system and possible layoffs. The discrepancy between the values and goals of employees and the goals of the organization is a very significant reason for the development of disputes. There have been and will continue to exist communicative or behavioral reasons, including the behavior of employees that does not meet the expectations of others, as well as issues of property, social status, power, responsibility, etc. And if, in the presence of so many objective reasons, it is impossible to insure against conflict, then learn to manage it not only possible, but also extremely necessary.
There are four main types of conflict: intrapersonal, interpersonal, individual-group, and intergroup conflict. In an organization, conflicts are possible horizontally and vertically, between different categories of employees, and officials of different departments. Conflicts occur between organizations, including between enterprises and authorities.
Conflict management is an integral part of personnel management. To successfully resolve a conflict, a leader first of all needs to find out the reasons that gave rise to it. They are very diverse, but the most characteristic are:
- humiliation of the personal dignity of employees in an official or informal setting;
- a sharp change in attitude towards work;
- evasion of following direct or direct instructions senior managers;
- offensive words or actions (on one or both sides);
- isolation or depression of individual employees;
- formalism in personnel management;
- negative attitude towards innovations, their rejection;
- sharp negative judgments about others, about the life and work of colleagues or superiors;
- lack of self-control, low communication culture, impulsiveness and hot temper of individual employees;
- psychological incompatibility, different levels of moral requirements, ideas and values, as well as life experience and professional preparedness of company employees.
Interpersonal conflicts often arise due to claims related to the level of wages, the assignment of bonuses, unclear work organization, the introduction of new norms and prices, the inattention of the administration to the everyday problems of employees, and the rudeness of managers.
IN production sector Conflicts arise, as a rule, due to limited resources that have to be divided between departments, interdependence of tasks, and differences in goals. Poor communication (transmission of distorted information) can be both a cause and a consequence of conflict.
Psychologists distinguish several phases of conflict resolution: fixation of the conflict; collection of facts related to it; assessing them, identifying opportunities for conflict resolution; searches and selection of specific measures; the use of these measures, with the possibility of their adjustment (the actual resolution of the conflict); monitoring the progress of conflict resolution; evaluation of results.
In the process of resolving a conflict, its subjects, their actions (the roles of the conflicting parties), the causes of the conflict, the goals of the conflicting parties, and the areas of convergence of their positions must be established. It is necessary to force those in conflict to accept certain rules: to show mutual respect; try to understand how the other side understands the conflict; clearly formulate the subject of discussion; determine what really separates the parties; find common ground; come to a common solution to the problem.
Domestic researcher I.D. Ladanov (author of books on practical management, non-verbal methods of communication, management psychology) developed tactics for resolving interpersonal conflicts. Within the framework of this concept, nine options for the behavior of the parties are distinguished:
Status support – rigidity of position, passive interaction. This tactic is used when it is necessary to gain time.
Neglect of contradictions – rigidity of evidence, average activity of interaction. This tactic is used when you need to assert your position, but do not have the authority to manage others.
Dominance – rigidity of evidence, high interaction activity. Methods of persuasion, suggestion, encouragement and punishment are used.
Tactics are used in conditions where there is no time for discussion, when the leader considers his point of view to be the only correct one.
Appeal to the established rules of the game – medium degree of flexibility, passive interaction. This type of behavior is appropriate when you need to show your commitment to legalized rituals.
Compromise – average degree of flexibility, average interaction activity. The tactic is used in cases where the parties are convinced that rapprochement is impossible. Both sides act under their own slogans, but take into account the agreements.
Mutual concessions – medium degree of flexibility, high interaction activity. Such tactics can be used in cases where opponents perceive a clear benefit from mutual concessions or when refusal to make concessions will cost them much more.
Concession to the opponent – a high degree of flexibility in evidence, passivity in interaction. Despite differences in views, one opponent refrains from confrontation because he views these differences as insignificant. This behavior is also appropriate in cases where strategic gains can be achieved through concessions on tactical issues.
Encouragement of the opponent – high degree of flexibility, medium degree of interaction. Using this tactic, one of the parties calls on the other to resolve the problem, expressing its readiness to provide all possible assistance. The tactic is used in cases where the other party is able to solve the problem, but is not sure about it.
Collaboration – high degree of flexibility, high level of interaction. The tactics consist of a joint business discussion of points of view, searching and finding a mutually beneficial solution; used in difficult situations, as well as in cases where all parties to the conflict want a peaceful outcome.
In Western management psychology, it is customary to distinguish two main categories of conflict resolution methods - structural and interpersonal.
Structural methods include:
- clarification of job requirements;
- coordination and integration mechanisms; the main coordination mechanism is the establishment of a hierarchy of authority; integration mechanisms include the formation of a management hierarchy, the use of services that communicate between functions, cross-functional groups, task forces, meetings with the participation of representatives of different departments;
- putting forward organization-wide comprehensive goals, the achievement of which requires the joint work of two or more people or divisions of the company;
- creation of a reward system. The main interpersonal methods of conflict resolution are: – avoidance – when a person tries to avoid the conflict or get away from it;
- smoothing – when a person tries not to notice or not let out signs of conflict, appealing to the need for solidarity; – - coercion – when a person tries at any cost to force his opponent to accept his point of view;
- compromise - when a person accepts the opponent’s point of view, but only to some extent;
- problem solving - when the parties to the conflict recognize differences in opinions, express readiness to get acquainted with the opponent’s point of view, - establish the causes of the conflict and develop a way to neutralize it, acceptable to both parties.
It is worth noting that experienced managers, as a rule, carry out some preventive work to prevent conflicts. In order for it to be effective, you need to know people well and the motives of their behavior. A clear organization of work, optimal work schedule, and moral satisfaction of workers are of great importance. In addition, people must be prepared for innovations, otherwise a negative reaction will inevitably arise on their part. Methods of persuasion are especially important here: it is much easier to eliminate the causes of discontent in advance than to fight in an atmosphere of mass indignation.
SUBJECT AND OBJECT OF CONFLICTOLOGY
Conflict is a multifaceted social phenomenon. The subject of the scientific discipline that studies conflicts and related phenomena depends on what characteristics and parameters are included in the definition of the concept of “conflict”.
Conflict in conflictology is an acute clash of oppositional interests, goals, views, leading to opposition from the subjects of the conflict and accompanied by negative feelings on their part.
The collision of subjects occurs in the process of their interaction: in communication, actions directed towards each other, and behavior.
The object of conflictology is the totality of all conflicts as a whole or all those contradictions and problems that exist in society. The object distinguishes three main types of conflicts:
1) social;
2) intrapersonal;
3) zoo conflicts.
Social conflicts occupy a central place in the object of conflictology, since they are directly related to other conflicts (intrapersonal, interpersonal). To understand the motives driving individuals to enter into conflict, it is necessary to study the internal component of a person’s conflict behavior - intrapersonal characteristics and conflicts. Interpersonal interactions and their features reveal the properties of human behavior in society. All types of conflicts are interconnected due to their unification into the area of the object of conflictology. It is important to understand that such a widely declared object of conflictology cannot be completely exhausted within the framework of one scientific discipline.
The object of any science is a component that is difficult to change, often reflecting the conservative views of scientists and does not reflect the changes occurring in the scientific discipline. That is why it is more important to define the subject of science.
The subject of conflictology is a set of patterns and properties of the emergence, development and completion of a conflict. The subject of this scientific discipline is an ideal model of conflict interaction. Conflictology is interested in theory, the conceptual apparatus of the category of conflict and conflict interaction. The characteristics and patterns of conflicts may change as society changes and develops and social interactions in him. The subject of conflictology can change, reflecting the most relevant aspects of the research and theoretical interests of science at a particular point in time in the development of the scientific discipline itself.
Modern conflictology is focused on the development of a general conflictological theory, therefore it is interested in the whole variety of existing conflicts: social conflicts between groups of different scales, interpersonal, intrapersonal and animal conflicts.
PREREQUISITES FOR THE ARISE OF CONFLICTOLOGY
Conflicts are phenomena that inseparably exist with the emergence of society. However, the science of “conflictology” arose only in the 20th century, since it was in this century that the phenomenon of “conflict” acquired new properties and characteristics. The emergence of a new scientific discipline is due to many socio-historical circumstances. Two world wars of the 20th century. made conflict contradictions catastrophic in their scale and consequences. Improved weapons of mass destruction and the death of a large number of people have placed society in anticipation of disasters and crises.
The economic processes that took place in the last century (the Poor People's March, the Great Depression in America) aggravated the degree of catastrophe in society. The improvement and complication of types of crime, the demographic crisis, the destruction or change of social institutions are phenomena that have forced the phenomenon of “conflict” to be given new qualities. The constant atmosphere of crisis and social tension led people to drug addiction, alcoholism, and mental illness. Intrapersonal conflicts in the 20th century. reached its apogee and provoked an increase in suicide in society.
Factors that influenced the emergence of conflictology:
Globalization of society and the world as a whole;
Complicating life and relationships;
Increasing dynamism of life and high speed of changes;
Tension and increased stress levels.
The first three factors relate to objective threats to balance and harmony in society; tension refers to subjective threats. In the 20th century, there was a quantitative and qualitative increase in objective and subjective threats to man and society, so there was a need for new ways to achieve compromise, resolve contradictions and prevent conflicts.
There is a need for conflict resolution technology. Educational practice, research, scientific knowledge in the field of conflict at this moment could provide a methodological and theoretical foundation for a new science, so the emergence of conflictology became possible.
The intersection of two vectors served as the basis for the emergence of a new science:
Socio-historical need for new conflict resolution procedures;
There is a sufficient amount of scientific knowledge for this.
Three main views prevailed on the need for the emergence of conflictology:
Conflictology should be a separate independent science;
Conflictology should become interdisciplinary and develop as a direction within other existing sciences;
The science of “conflictology” should not be a separate science, since it is not significant for society.
CONFLICTOLOGY AS A SCIENTIFIC DISCIPLINE
As a scientific discipline, conflictology began to take shape in the 1960s. abroad and in the 1990s. in Russia. This young science is still in the process of developing and creating the integrity of its theoretical and methodological base.
There are three areas of conflictology as a scientific discipline.
1. Development of theory, methodology and research in conflictology.
2. Formation of conflictological knowledge in the field of education.
3. Introduction of the applied value of conflictology for the purpose of predicting and preventing conflicts in society.
The first direction is designed to achieve a consensus of all conflictology knowledge, including in sciences related to conflictology, and to reconcile theoretical differences between branches of science. Conflictology research should be both narrowly focused (the subject is to see the methodological perspectives of science), and interdisciplinary and generally applied.
Empirical research data must be systematized and transformed over time into theoretical knowledge of conflictology. Within the first direction, the task is to conduct scientific and scientific-practical conferences, symposiums and round tables on theory and methods of conflictology. Translations and publications of works by foreign theorists of conflictology, organizing contacts with international scientific centers of conflictology, as well as the creation of the Institute of Conflictology in Russia are tasks within the first direction of the discipline “Conflictology”. In the field of education, the tasks of conflictology are the introduction of training courses into general education and higher education programs. educational institutions, the opening of specialties in conflictology at universities, the introduction of conflictology knowledge into the system of advanced training for specialists. Expansion of publications of educational literature on conflictology, ensuring the possibility of publication of domestic conflictologists.
The third direction of conflictology is the organization of groups and centers on practical issues of conflictology. They should be aimed at developing methods for assessing modern conflict situations, technologies for resolving conflicts that arise in society, and forecasts that help prevent the emergence of conflicts.
The work of such centers involves a wide range of methods for preventing conflicts in various spheres and areas of society. Analysis of the practical work of such groups will allow us to systematize methods of conflictology research and form universal interdisciplinary knowledge about conflicts.
REASONS FOR CONFLICTS
The causes of conflicts are an important component in resolving any conflict. The causes of the conflict are the driving force behind the development and escalation of the conflict. The nature of the reasons may be objective or subjective. The causes themselves may have a structure, so it is necessary to be able to separate changes in parameters within the causes from the cause of the conflict as a whole.
Four main groups of reasons are identified.
1. Objective reasons.
2. Structural and managerial, or organizational.
3. Socio-psychological factors.
4. Subjective reasons.
External circumstances, behavioral stereotypes, an individual’s social status, lifestyle are examples of objective factors in the emergence of conflict. An agreement or legal framework existing in society can become a cause of conflicts in society if it is not sufficiently developed, does not take into account the whole variety of possible situations in interpersonal interactions, and has a weak regulatory function.
The second group of reasons includes structural, functional, situational causes of conflicts. In this case, conflicts arise due to poorly organized activities of individuals. The structure of the organization does not meet the requirements, affects poor functionality, and therefore provokes conflicts within the team and between work groups. Management errors cause situations of conflict. The layering of management failures aggravates tension in the organization and leads to conflicts. All relationships of an individual in society are determined by his psychological and social attitudes, which can sometimes cause contradictions and conflicts in interpersonal interactions - socio-psychological factors.
For example, the human psychological system is designed in such a way as to optimally regulate all information coming to the individual. Therefore, in interpersonal relationships, people lose or distort information received in communications. This natural process does not depend on a person, but can provoke conflicts. The discrepancy between the roles occupied by an individual in the interaction process belongs to the third group of reasons.
Subjective (or personal) reasons depend on the person, his perception and behavior, and psyche. Personal conflict tolerance depends on how an individual evaluates the behavior of another individual and how much he himself projects conflict-free or conflict behavior.
Dividing the causes of conflicts into subjective and objective components is important in a real conflict.
COMPONENTS OF CONFLICT AND ITS CHARACTERISTICS
Any conflict consists of a number of components, some of which are objectively present regardless of the type and form of the conflict situation and constitute the structure of the conflict. But there are also components that can be introduced into conflict interaction by the participants in each specific conflict or arise only under certain conditions. In other words, these are the subjective components, or psychological components of the conflict.
There are three main psychological components of conflict:
Motives, goals, needs that drive the participant in the conflict;
Methods and tactics of participant behavior during conflict interactions;
Information component of participants' behavior patterns.
The desire to satisfy a need often serves as a motive for conflict interaction. It is not always possible to determine the motives of a conflict, since participants tend to hide their true motives, presenting them as superficial and obvious explanations for their behavior. True motives form the goal of conflict interaction for each participant. A goal is a result that participants strive for.
All actions of the participants are based on the set goal.
Needs are the basic conditions that activate the motives and actions of the warring parties. Needs may change depending on the state and conditions of the individual. Satisfying one's needs is a natural desire of a person; what is important is how the participant in the interaction achieves this. Often actions become conflicting, turning an individual’s behavior into an adversarial, acutely conflicting one.
This behavior causes a negative reaction in an opponent or a person whose aspirations, motives and needs are directed in the opposite direction. Subsequently, there is an alternation of reactions and actions that form conflict behavior during interaction. When a participant is oriented only towards himself, action strategies take the form of avoidance or competition.
With a more constructive approach - focusing on other participants in the conflict - the form of behavior is cooperation, adaptation, compromise. Possible tactics of the parties' actions can be neutral, soft or hard in impact.
The third component of the psychological orientation of the conflict is a set of views, thoughts and information about the conflict of the opposing participants. It depends on this how emotional the conflict will be and how quickly it will be resolved.
CONFLICT STRUCTURE
The structure of any object is understood as the totality of its parts, stable connections and everything that makes up its integrity.
The main elements of conflict interaction:
1) the object of the conflict does not always lie on the surface; more often it is hidden from the participants in the conflict, but it is a central component of conflict interaction. Conflict can only be resolved if the object is clearly defined.
An incorrect understanding of the object of the conflict or its substitution aggravates the conflict situation. The conflict has a reason and arises over the failure to satisfy some need; sometimes this reason or reason is considered the object of the conflict.
A person will strive to satisfy this need through values. Value is an object of conflict. They identify social, material, and spiritual values that the conflicting parties strive to possess;
2) the subject of the conflict is a contradiction that is present throughout the entire conflict situation. The presence of a contradiction forces opponents to fight. The contradiction of a conflict can be objective or imaginary and problematic for a specific subject;
3) conflict participants are people who are involved in a conflict situation. Types of participants by form:
Individual personality;
Social group;
Organization;
State.
There are main and minor participants. Among the main warring parties, one can identify the initiator. Among the secondary ones are instigators and organizers. These individuals do not directly participate in the conflict, but contribute to the development of the conflict and involve new participants. The degree of influence and power in the conflict depends on what kind of support the conflict participant has from others, what connections, resources, and opportunities he has. Individuals who support one or another conflicting side form a support group. At the stage of conflict resolution, third parties may appear - independent intermediaries who help resolve the contradiction. The involvement of judges and professional mediators contributes to non-violent conflict resolution;
4) socio-psychological conditions and social environment in which the conflict unfolds. The environment acts as a helping or hindering factor for opponents and mediators, as it promotes understanding of the goals, motives, and dependencies driven by the participants.
The nature of the conflict depends on the subjective perception of the conflict (or image of the conflict). There are three levels of subjective attitude:
1) self-image;
2) the perception of other participants in the conflict situation;
3) understanding the image of the external environment.
INTERPERSONAL CONFLICT
Interpersonal conflict is an open clash between individuals caused by the inconsistency and incompatibility of their goals at a particular point in time or situation.
A conflict arises between two or more persons. The confrontation occurs in the direct relationships of these individuals.
Interpersonal conflicts have their own specifics in comparison with other types of conflicts.
1. Each participant strives to prove that he is right, often resorting to blaming the opponent’s opinions, but not to actual argumentation of his views.
2. In a conflict, all parties involved have acute negative emotions that the subjects are no longer able to control.
3. A negative attitude towards the opponent, inadequate emotions and moods prevail even after the conflict is resolved.
The system of interpersonal relations is the main area where interpersonal conflict arises. The system will be disrupted if its participants have opposing opinions or disagreement with already established methods of interaction. The resolution of the conflict will occur when harmony is restored within the system of interpersonal relations: either by restoring previous attitudes or modified ones, or by creating new views that are accepted by all.
Subjects of interpersonal conflict strive to defend their point of view and achieve their goals. The objects of the conflict are what the parties are fighting for and what they are claiming. The manifestation of opposing interests and all the contradictions arising in connection with this are the subject of interpersonal conflict.
There are 6 main styles of behavior of participants in interpersonal conflict:
1) evasion;
2) device;
3) confrontation;
4) compromise;
5) cooperation;
6) assertiveness.
At any stage of interpersonal conflicts, it is necessary to take into account the personal characteristics of the warring parties. They are especially important at the stage of conflict resolution.
Personal characteristics consist of:
The type of person's temperament;
Character orientations;
General level of personal development.
Types of temperament proposed by Hippocrates: sanguine, choleric, phlegmatic, melancholic.
They differ in the degree of stability of nervous activity. Character direction depends on several mutually exclusive traits that Myers and Briggs developed: extraversion/introversion, sensory/intuitive, thinking/sensuality, decisiveness/perceptiveness. Individuals with opposite character traits and temperament types, solving one problem, will offer different, antagonistic methods of action, which can lead to interpersonal conflicts.
INTRAPERSONAL CONFLICT
In psychodynamic theory (S. Freud, C. Jung, C. Horney), the basis of intrapersonal conflict is the category of contradiction, internal struggle, which arises at the unconscious level. Intrapersonal or mental conflict is primary and is caused by the contradiction between the unconscious and the consciousness of the individual.
Within the framework of behaviorism (D. Skinner), internal conflict is interpreted as a bad habit, the result of erroneous upbringing. In the works of neobehaviorism (N. Miller, J. Dollard), conflict is defined as frustration, a unique reaction to an obstacle.
Existential-humanistic theory (A. Maslow, K. Rogers, W. Frankl). Maslow put forward the concept of fundamental human needs, which are in a certain hierarchy. Failure to satisfy needs leads to neuroses and psychological maladjustment, which prevents the individual from becoming a self-actualizing person. From Frankl’s point of view, the loss of the meaning of existence can lead to conflict within the individual. The search for meaning acts as a stimulating task that allows a person to increase internal tension and through this ensure the growth of psychological health.
Foreign and domestic researchers believe that internal conflict is caused by difficulties that appear in childhood in the stages of maturation of the “I” (the theories of E. Erikson, J. Piaget, etc.) or during natural age-related crises (L. Vygotsky).
Each stage is accompanied by conflict and is a crisis for the individual; for example, if basic trust in the world around us is not formed in infancy, this leads to the emergence of a fear of external aggression.
Domestic conflictologists A. Antsupov and A. Shipilov identified 6 main types of intrapersonal conflict:
Moral conflict (conflict between “I want” and “I must”);
Motivational conflict (between “want” and “want”);
Role conflict (between “must” and “must”);
Conflict of unrealized desire (“I want” - “I can”);
Adaptation conflict (“must” - “can”);
Conflict of inadequate self-esteem (between “I can” and “I can”).
Analyzing theoretical approaches to the study of intrapersonal conflict, it can be determined that it is based on personally significant contradictions between the individual’s motivational formations, which are reflected in various spheres of life. The content of the contradictions determines the type of conflict. The causes of internal conflicts lie either in unfavorable life situations or in unresolved contradictions that occurred at an early age. They are also influenced by the process of collision between personality and environment.
POLITICAL CONFLICT
Political conflict is the contradictions that arise in power relations and unfold in the struggle for political influence.
Types of political conflicts:
Foreign policy or interethnic;
Internal political.
Participants in a society or state strive to defend their interests, maintain their position of power and status, or fight for its improvement and recognition of rights. In the structure of power relations of society, the main clash of interests of various classes and social groups of society, ethnic, political and religious communities occurs.
Conflicts in this area can:
Defend political interests;
Strive for dominance in power relations.
There are various types of internal political conflicts.
1. Conflict between classes of society.
2. Conflicts between social groups existing in society and aimed at the struggle for power.
3. Conflicts involving political parties and other social movements.
4. Interethnic conflicts of a political nature.
Modern society is improving the functions of the structures of the political system. The more alternative ways to resolve the political contradictions that arise in the state that society develops, the easier it will be to resolve them and prevent their extreme form - civil war. Moreover, society must improve regulatory methods to ensure their effectiveness.
Methods for preventing internal political conflicts:
1) maneuvering;
2) manipulation;
3) force pressure;
4) weakening the influence of the opposition;
5) unification of the political counter-elite.
Maneuvering can be social and political and is aimed at finding compromises in the contradiction that has arisen. May include a short-term redistribution of resources between conflicting parties, a change of political leader, etc.
Political manipulation often uses the media to maintain stable power in the current political system. In a society with low political activity of the main social groups, the predominant method of preventing conflicts is through force. The dictatorship of power can be direct or indirect; in case of non-compliance with fundamental rights and norms of public order, it can meet with resistance.
When the influence of the opposition weakens, the group fighting for power seeks by any means to destabilize the opposition and take its place in the structure of power relations. In an internal political conflict, the counter-elite acts as a social regulator if it is turned from anti-government into a political elite.
GENDER CONFLICT
Gender conflict is a clash of interests or goals in the field of perception of gender values, roles and gender relations.
Gender conflicts can be:
Intrapersonal;
Interpersonal;
Intergroup.
Society projects and expects special behavior from men and women and endows them with specific and different characteristics. If individual character types do not coincide with social expectations, a person experiencing negative feelings and emotions about this may experience a gender intrapersonal conflict. In the case of personification of standard expectations and their projection from a specific person, interpersonal conflict may develop. For example, the standard expectations of the workforce from a female manager or a male manager. The team attributes to the leader traits that, in their opinion, are characteristic of his gender. The absence of these traits causes a negative reaction, and sometimes the conflict is expressed in an open form.
Gender conflicts that unfold in the struggle of social movements and organizations for women's rights are of an intergroup nature. The women's movement, which began its history at the end of the 18th century. , aims to satisfy the interests of various social strata of women, seeks adjustments in state policies towards creating gender equality in society.
The specifics of gender conflict are expressed by:
In a biological focus (sex differentiation, various natural functions and the biological system as a whole);
Psychological component (differences in information models of the psyche of men and women and individual differences of all people in general);
Social orientation (objective social functions and position in society of men and women cause clashes).
In the second half of the 20th century. There have been significant changes in gender values and expectations. The male monopoly in public life was gradually transformed. Women's movements and employment models (for example, the Post-Fordist model) have launched many social processes, thanks to which women now occupy positions of power, serve in the army, participate in previously inaccessible sports competitions and many other previously closed areas of public life.
The status and roles of men and women are constantly changing, giving rise to clashes of interests and gender discrimination. In many social institutions (school, family), gender inequality continues for a long time. Many of them are not expressed sharply, but are never resolved, since deep-seated contradictions are concentrated in stereotypes that change very slowly.
RELIGIOUS, RACIAL, ETHNIC CONFLICTS
With the development and complexity of society and social relations, communication channels and spheres of influence increase. The isolation and integrity of any social group or community is violated. Culture is integrating and becoming international, the entire modern society is participating in the process of globalization. All the described phenomena increase the likelihood of ethnic, racial and religious conflicts in society.
The unification of ethnic groups or races sometimes occurs in a democratic and natural way, but more often it causes social tension and clashes. After all, any community strives to preserve its unique culture and history and actively fights for its territory and identity.
Depending on the level of self-awareness, an ethnic group can react differently to social changes. Ethnocentric groups are the most conflict-prone. In their struggle they can use religious principles and attitudes, and therefore involve new participants in a conflict situation.
There are main groups of causes of ethnic, religious and racial conflicts:
Causes of the ethnopsychological factor;
Political factors;
Socioeconomic reasons;
Sociocultural factors and differences.
The destruction of the usual way of social and cultural life of an ethnic group causes a defensive or protective reaction of this ethnic group. Since the loss of previous values clearly presupposes the dominance of new introduced values and norms, the assimilated ethnic group perceives its culture as secondary and suppressed. This explains ethnopsychological factors and the conflicts arising in connection with them.
The emergence of a new ethnic group or religious movement contributes to the creation of new political leaders - political factors. The socioeconomic status of a particular social group or ethnic group in a particular historical period affects the general position of the group in intergroup relations or causes tension, and the poor economic situation negatively affects the ethnic group’s perception of any actions aimed at it, or the nature of relationships with other ethnic groups and social groups projects existing discrimination, which creates conditions for the outbreak of conflict.
Conflicts that arise due to sociocultural differences are the most acute and lasting, as they occur as a result of the violent destruction of cultural differences. Religious, linguistic and other cultural norms are assimilated and destroyed. All this disintegrates the ethnic group and therefore meets resistance.
INTERNATIONAL CONFLICT
An interethnic or interstate conflict is a contradiction that arises between states, nations, coalitions of states and affects a large number of people and international relations in general.
Specifics of interstate conflicts: a conflict that arises between two states, with its consequences, poses a danger for other states; interstate conflicts shape international relations in the world; interethnic conflict is a consequence of the wrong policies of the states participating in the confrontation.
The nature of interests defended in interstate conflicts:
Ideology, discrepancy between the socio-political systems of states;
The desire for dominance, both local and global;
Economic interests;
Territorial preferences or preservation of territorial boundaries;
Religious interests influencing the status of the state.
The causes of interstate conflicts are diverse and can be subjective and objective.
In every ethnic conflict there are: main causes; accompanying; intensifying or emerging during the conflict.
At the stage of creating independent states and establishing their borders, many parameters are often not taken into account: the presence of cultural communities, ethnic groups, historical and natural characteristics of the area, all of this aggravates international relations and provokes conflicts. Sometimes interstate conflicts occur through military means. For example, the war between Iran and Iraq for the territorial spaces of states.
When an internal political conflict arises, some countries begin to intervene in the affairs of the conflict state, trying to resolve contradictions and reduce political and social tension (for example, Russian intervention in the politics of Iraq).
Conflicts within a state lead to interethnic clashes even without the participation of other states. This occurs due to the negative impact of internal political conflicts on the position of the state in the international arena.
Possible actions to resolve interstate conflicts:
1) creation of transnational systems in cultural, political, economic and other significant spheres of society;
2) compliance by states with the principle of peaceful coexistence and recognition of various options for the development of society and the nation;
3) dominance in the field legal regulation relationships between states and international organizations ensuring global security;
4) reduction of weapons and introduction of bans on the creation of weapons of mass destruction.
ARMED CONFLICT
An armed conflict is an open contradiction between medium and large social groups, in which the subjects use armed forces. Armed conflicts differ in the content and scale of goals, the use of means to achieve them, and the territorial space of the military conflict.
Types of armed conflict by purpose:
1) fair (defined by the UN Charter and other international standards rights);
2) unfair.
Depending on the territory occupied, an armed conflict can be: local; regional; large scale.
Local wars are defined by territorial boundaries and have clearly established and limited goals. A local war can develop into a regional one. The latter pursues more important military-political goals; military formations of other states may participate. At the stage of escalation of an armed regional conflict, there is a possibility of transition to a large-scale armed conflict.
A large-scale armed conflict requires the mobilization of all the forces of the parties to the conflict, since the goals set are fundamental in terms of the changes achieved in society.
The following forms of armed conflict are distinguished: armed incident, armed action, any form of armed struggle, limited in scope.
Specifics and signs of armed conflict
1. High probability of vulnerability of the population in the territory of whose residence an armed conflict is unfolding.
2. Involvement of new participants during the conflict.
3. The armed forces are non-progressive and irregular.
5. The expenditure of forces and resources not only on waging a conflict, but also on ensuring security, movement and location of the actors in the conflict (troops).
6. High risk of transformation into international or civil war.
Despite the existence in the modern world of many legal conventions on the preservation of peaceful coexistence and the prevention of armed groups, the objective situation on issues of armed conflicts is negative. As a rule, problems here arise in connection with the numerous victims of people not participating in the armed conflict - civilians. Sometimes, in connection with an armed conflict, outsiders are illegally involved for the purpose of exploitation and additional physical forces. Children and women are especially unprotected in this case.
The consequences of armed conflicts negatively affect the entire infrastructure of social, political and economic life of society.
CONFLICT OF GENERATIONS
There are three main generations in society: young, mature and older generations. Sometimes, when talking about conflict between generations, they single out a group of fathers and children, grandchildren and fathers, etc. In this case, the conflict of generations is transferred from the macro level to the micro level (individual family). Family relationships represent a model of generational conflict; its example conveys all the generational contradictions that exist in society. Valid empirical studies in sociology and conflictology, family relationships of a certain number of families allow the results obtained to be transferred to the structure of the entire society and characterize the conflict of generations at the macro level.
On at different stages development of society, we can identify the most conflict-provoking generation or group that provokes conflicts. The most respected and conflict-free generation is also determined. Each generation is characterized by a certain spiritual appearance, worldview, value orientations, interests, socio-psychological properties, status position in society. Each generation has its own specific characteristics.
20th century society characterized by conflict among young people. Since it is during this time that youth culture plays a dominant role in organizing and maintaining changes in society. Moreover, youth culture is not the mainstream movement, but its various subcultures. Especially in the second half of the 20th century. Many subcultural movements are appearing, actively fighting and advocating for the interests of young people: hipsters, beatniks, mods, skinheads, hippies.
The culture of society is divided based on the dominant of a particular generation into several cultures (typology proposed by G. Mead):
1) prefigurative - the mature generation “learns” from the younger generation;
2) cofigurative - exchange and learning among peers in age, from one’s own generation;
3) post-figurative - the experience of elders and adults is significant, the younger generation draws knowledge from the older generation.
A generational conflict may not develop according to the stages that are distinguished in other conflicts, since it has its own specifics: it is longer in time scale, the intensity of the conflict decreases at any stage or fades out completely. As a rule, in a society, all generations coexist peacefully, but when the fundamental interests of one generation or another are infringed, the conflict escalates.
For example, economic and legislative infringement of the rights of young people at the beginning of the 20th century. in France led to numerous demonstrations, picketing of government buildings and damage to property of educational institutions.
CONFLICTS IN ORGANIZATIONS
Conflicts in organizations (or labor conflicts) are contradictions that arise in labor relations and the conditions associated with their provision.
Conflicts in organizations are divided into two main types: interpersonal (as a rule, these are “vertical” conflicts); intergroup.
Parties (groups) of intergroup conflicts in organizations:
1) administration;
2) labor collective;
3) trade union;
4) another organization;
5) governing bodies, municipalities.
There are three areas of activity in which labor conflicts can occur.
1. The scope of working conditions: working conditions, ensuring the safety and comfort of the workplace, labor standards, etc.
2. The scope of fixed and accepted agreements on a particular subject of production.
3. Distribution of resources or provision of material rewards for work.
Any area of labor relations can become the subject of conflict in an organization if any of the parties (group) fails to cope with the obligations and functions assigned to them. There are a large number of possible causes of conflict in an organization.
External reasons may be:
General increase in unemployment;
Decrease in the value of labor;
Impoverishment of the population;
Lack of regulation of working conditions by administrative circles.
Labor conflicts can have both negative and positive consequences.
The positive consequences of conflicts in organizations include:
1) changing the socio-psychological climate towards improvement and mutual respect;
2) conflict can help in overcoming various types of difficulties (social, economic, etc.) of the organization;
3) the conflict signals the weakest point in the relationship between work groups, after which the defect can be eliminated;
4) the cohesion of the workforce and the organization as a whole increases.
Ways to resolve labor conflicts: strikes, speeches at meetings, demonstrations, written or oral appeals to higher management or administration, statements in the media, settlement through trade union committees, appeal to the labor dispute commission, dismissal.
An effective way to prevent and resolve labor conflicts is to conclude an agreement or employment contract at the stage of hiring or at the stage of a conflict that has already arisen. The agreement includes the basic rights and obligations of all parties to the organization, contains acceptable methods for resolving labor disputes and allows for democratic management of a conflict situation.
CONFLICTS IN MANAGEMENT
Conflicts in management are conflicts that arise in the work team between a manager and a subordinate (vertical conflicts).
The nature of subordination in the relationship between a subordinate and a manager can extend to two spheres: official and personal. Official relations presuppose formal rules and norms and require the fulfillment of the employee’s functional instructions.
Personal relationships that arise during informal relationships can reveal a discrepancy in temperaments and characteristics of the interaction between the manager and the subordinate, which also affects the nature of the relationship.
The manager defines a set of requirements and roles that the subordinate must fulfill, organizing all the conditions for their fulfillment.
Almost always, the opportunities and conditions do not coincide with the requirements, so a conflict arises. Conflicts between a subordinate and a manager are determined by the following features:
Interpersonal conflicts in production are the most conflict-producing, since they are located in the “person-person” system;
The substantive content of activity in the relationship between a subordinate and a manager is important, since the quality of the subordinate’s professional activity and the result of his work depend on it;
The occurrence of conflicts occurs more with more intense and frequent joint activities between the manager and the subordinate.
(Researchers of management conflicts identify May and January as the most conflict-ridden months, since during these periods major reports and appraisals are carried out, involving private contacts between the manager and the subordinate);
More than half of the conflicts occur at the “immediate manager - subordinate” level. Therefore, relations between a manager and a subordinate who are close in status position are more conflict-generating than relations with a large status distance.
Poorly organized communication between a manager and a subordinate is the main cause of conflicts in relationships. If there are several managers, the subordinate must be clearly aware of the continuity of their requirements and perform the work, guided by the existing hierarchy in the workplace. When managing a large number of subordinates, the manager must quickly manage the functional responsibilities of each employee. This will help prevent or reduce the number of conflicts in management.
Organization of working conditions is an important condition in preventing “vertical” conflicts. In other words, all functional responsibilities of subordinates must be provided with the means to perform them.
FAMILY CONFLICT
Family conflict can arise between spouses, parents and children, grandchildren and the older generation. But still, when they talk about family conflict, they first of all assume a conflict between spouses. When any needs of the spouses are not met in the system of their interpersonal relationships, conflict may arise.
A. Antsupov and A. Shipilov identify several main causes of conflicts between spouses:
Incompatibility of spouses based on psychosexual characteristics;
Lack of respect from the spouse;
Unsatisfied need for emotional approval;
Satisfaction of one's needs by one spouse to the detriment of the needs of the other;
Lack of help and understanding in matters of education or other family issues;
Different leisure preferences and disapproval of hobbies.
Additional factors or certain stages of married life, which theorists call crisis, become conditions that create a conflict situation:
Crisis of the first year of life (adaptation period);
The appearance of children in the family (a wide range of interfering conditions);
Midlife crisis (conflict of monotony);
Crisis of a family living for about 20 years (conflict of loneliness and loss, conflict of experiences).
As well as the external conditions of the social life of the spouses, the difficulties of which directly affect the nature of family relationships (employment problems, deteriorated financial situation, housing problems, etc.).
Family (marital) conflicts are divided into several types.
Conflict family - a clash of interests of spouses in many areas, the predominance of negative emotions in the relationship. Problematic family - long-term existence of common social problems, leading to aggravation of the relationship between spouses. Family in crisis - an acute clash of interests of spouses in the most important areas of activity, the predominance of irreconcilable
relations between spouses, unwillingness to make concessions. A neurotic family is an accumulation of psychological and social difficulties that worsen the well-being of the spouses, as a result of which the psychological microclimate of the family is disrupted. They determine hidden and open forms of conflict behavior of spouses. Resolution of conflicts between spouses should occur through mutual understanding and compromise, based on respect and the ability to forgive the spouse. It is recommended not to accumulate grievances and negative emotions, but to resolve emerging contradictions as they arise.
Divorce is one of the radical ways to resolve marital conflict. Psychologists believe that legal divorce is preceded by emotional and physical divorce.
CHILD-PARENT CONFLICT
Child-parent conflicts are one of the most common categories of conflict in modern times. This type of conflict is present even in prosperous families and represents contradictions in the relationship between children and parents.
The main causes of conflicts between parents and children are personal and psychological factors present in the relationship between parents and children.
Intrafamily relationships are divided into two main types:
Harmonious type of relationships (predominance of balanced relationships, rational division of psychological roles within the family, ability to resolve emerging contradictions);
Disharmonious type of relationship (negatively colored relationships between spouses lead to conflictual interaction between spouses, the latter can cause negative emotions and feelings of anxiety in children; respect for parents is lost, psychological roles are violated, tension increases).
A disharmonious type of intrafamily relationships leads to conflicts between parents and children and projects a destructive way of parenting.
Features of destructive parenting:
Excessive prohibitions for children in areas of life that are significant to them;
Using threats to make demands on children;
Condemnation of the child’s wrong actions in return for encouragement and praise for achievements and successes;
Inconsistency and contradictory actions of parents;
The discrepancy between parents' views on issues of education.
The causes of child-parent conflicts may be the inadequate reaction of parents to the age-related crises of children (crisis of 1 year, crisis of 6-7 years, crisis of puberty, etc.).
Age crises
Transitional periods of child development cause increased irritability in the child. Aggressive behavior of children, a negative attitude towards previously acceptable requirements are the causes of conflict interaction. The task of parents and children is to smooth relations during this period, and mutually strive to make compromises.
Types of conflicts between parents and teenage children:
1) conflict of instability of the parental assessment of the child;
2) conflict when the child’s level of independence is lowered, excessive control;
3) conflict of over-concern;
Conflict in the relationships and actions of parents causes a special reaction in children, expressed in different styles of behavior of the child:
Demonstration of a negative attitude, opposition on all issues;
Failure to comply with requirements;
Avoiding communication with parents, hiding information about yourself and your actions.
CONCEPT AND FUNCTIONS OF SOCIAL CONFLICT
Social conflict is a conflict of large social groups that arose on the basis of social contradiction. In the modern world, there is an aggravation and increase in the number of social contradictions, which leads to increased conflict in society.
Babosov's definition of social conflict reflects modern specifics social contradictions: “Social conflict is an extreme case of aggravation of social contradictions, expressed in the clash of social communities.” The communities that the domestic conflictologist is talking about here are not only national and ethnic groups, states, classes of society, but also social institutions that exist in society at a given stage of development. Social contradictions result from different goals pursued by institutions or social groups, as well as divergence of interests and values supported by social communities. Each social conflict is limited by its specific situation (reasons, duration, scope, intensity), and therefore requires resolution of the problem in it. It is impossible to unite all social conflicts.
A significantly different definition of social conflict can be found in Zaprudsky: “Social conflict is an obvious or hidden state of confrontation, objectively divergent interests, goals social subjects". The causes of social conflict remain the same, the forms of conflict and ways of demonstrating the interests of social communities change. For Zaprudsky, interests are expressed by the social attitude of a particular community to the existing order in society, the distribution of social forces and the expression of general trends (social action). Social forces, who participate in the conflict do not always reflect the trends of their development in a conflicting way or in a way of open struggle. Preserving their positions and interests can already lead to a new “social unity.” Therefore, a social conflict is also the formation of a new order in the system of social relations.
The functions of social conflict were studied in detail by L. Coser, defining their specificity for closed and open type society.
Social conflicts can perform two main functions:
1) negative (destructive);
2) positive (constructive).
The theory of social conflict was influenced by some psychologists who studied conflicts between large social groups (for example, D. Campbell and his theory of realistic group conflict, L. Berkowitz, D. Turner).