Collective agreement role in ensuring stability of labor relations in a state medical organization

Relevance. The relevance of the work is due to the fact that the collective agreement is a key document regulating the legal relations between employees and employers. As a rule, the contract is concluded for two to three years, with subsequent extension, and fixes various benefits and compensations for employees, in particular, the rules for bonuses, regulates and details the relationship between employees and the employer, without contradicting the legislation of the Russian Federation. The collective agreement provides employees with more reliable protection of their rights than individual contracts. An incorrectly drafted and adopted collective agreement or amendments thereto can lead to psychological tension within the team, mass dismissal of employees, and fulfillment of the organization’s obligations for multi-­million staff payments to employees. The purpose of the study was to assess the role of the collective agreement in managing a state medical organization based on an analysis of its formation and adoption. Materials and Methods. In conducting the research, a database containing information on 179 court decisions on labor rights violations lawsuits was compiled and analyzed, where two state medical organizations were respondents. For discussion of the results, a comparative legal method was used: the experience of using collective agreements in the Republic of Kazakhstan and the French Republic was analyzed. Results and Discussion. Underestimation of the role of the collective agreement in the first case led to payments of over 8,681 thousand rubles to the medical organization’s employees who proved the illegitimacy of the order of changes to the document in court. Refusal from collective negotiations aimed at changing the terms and payment procedures in the second case resulted in the mass resignation of specialist doctors from the medical organization. To resolve the labor conflict, the founder had to intervene in the hospital management. Conclusion. Representatives of the entire workforce should participate in adopting and making changes to the Collective Agreement. It is advisable to include provisions proposed in Article 41 of the Labor Code into the content of the Collective Agreement, depending on the conditions. Underestimating by the administration of a medical organization the role and place of the Collective Agreement in managing the workforce creates social tension within the team. Researchers note that in the French Republic, as a result of detailed federal regulation of collective and corporate agreements, compliance with the requirements and procedures established by legislation and local regulations is ensured.