Organizational Leadership as a Problem: Current State and Solutions (Socio-legal Aspect)

  • Apollinariya A. Sapfirova
  • Tatiana L. Adrianovskaya
  • Evgeniya G. Vasilyeva
Conference paper
Part of the Springer Proceedings in Business and Economics book series (SPBE)

Abstract

The leader is a key figure whose aspects of activity are studied from various standpoints: the social one, also covering the legal aspect, the economic one, the cultural one, and others. The versatility of the company leader’s status studying points at the relation and mutual influence of each of the aspects. This research analyzes the legal aspect of the company leader’s status that has a tremendous influence first of all on the company’ economic activity. The objective of the research is to give ground for a clear system of leadership in organizations from the legal standpoints. Both Russian and international laws and regulations and special literature have been analyzed, which has allowed making certain conclusions about the organization leadership problems existing and ways for solving them. First, this is recognizing the fact of two leaders available in an organization who have different rights and opposite interests: the head of the organization and the head of the primary trade-union organization. However, the organization has to have only one leader, both actually and under the law – its manager. Second, the minor quantity of trade-union leaders gives evidence about a low level of trust for them, poorly developed legislation about liability for violation of rights, and a certain extent of intervention from the state. Third, in order to implement the principle of independence for trade unions and their leaders, the system of organization and activity of the trade unions has to be changed, with the primary trade union to be brought beyond one organization and transformed into a branch or professional trade union at the municipality level. This will have a positive influence on economic activity of the organization, the head of which will exercise his coercive powers of a leader in reality.

Notes

Acknowledgments

The research was performed with the financial support of the Russian Foundation for Basic Research within scientific project No. 16-03-00037.

References

  1. Convention concerning Protection and Facilities to be Afforded to Workers’ Representatives in the Undertaking No. 135 of the International labor organization of 23.06.1971 (1971) In: Collection of legislation of the RF, December 19, 2011, No. 51, Art. 7449Google Scholar
  2. Federal Law of 12.01.1996. No. 10-FL (version of 03.07.2016) “On trade unions, their rights and guarantees of activity” (1996a) In: Collection of legislation of the RF, 3, Art. 148Google Scholar
  3. Federal Law of 12.01.1996. No. 10-FL (version of 03.07.2016) “On trade unions, their rights and guarantees of activity” (1996b) In: Collection of legislation of the RF, 27 (Part I), Art. 4216Google Scholar
  4. Freedom of association in Russia: practice, problems of implementation and protection of rights (2009) A report on violation of trade union rights of member organizations of the All-Russian confederation of Labor (ARCL) and the Confederation of Labor of Russia (CLR). Collection of materials. ARCL, Moscow. 90 pGoogle Scholar
  5. Goleva EV (2014) Liability insurance contract for directors and managers of economic societies in the law of England and Russia: a comparative analysis. Monograph. Prospect, MoscowGoogle Scholar
  6. Labor Code of the Russian Federation dated 30.12.2001. No. 197-FL (version of 01.07.2017) (2002) In: Collection of legislation of the RF, 1(part 1), Art. 3Google Scholar
  7. Monaco M, Pastorelli L (2013) Trade unions and worker cooperatives in Europe: a win–win relationship. Int J Labour Res 5(2). https://www.questia.com/library/journal/1P3–3287845211/trade-unions-and-worker-cooperatives-in-europe-a. Accessed 3 Aug 2017
  8. Blanpain R, Hendrickx F (eds) (2016) New forms of employment in Europe. Wolters Kluwer, Warszawa. 416 pGoogle Scholar
  9. Baran KW (ed) (2016) Outline of polish labour law system. Wolters Kluwer, Warszawa. 500 pGoogle Scholar
  10. Recommendation concerning Protection and Facilities to be Afforded to Workers’ Representatives in the Undertaking No. 143 of the International labor organization of 23.06.1971 (1991) In: Conventions and recommendations adopted by the international labor conference. 1957–1990, vol 2. International Labor Office, Geneva, pp 1675–1678Google Scholar
  11. Report of the Constitutional Court of the Russian Federation for the XVIth Congress of the Conference of European Constitutional Courts (2006) http://www.vfgh.gv.at/cms/vfgh-kongress/downloads/landesberichte/LB-Russie-EN.pdf. Accessed 1 Aug 2017
  12. Snighireva IO (2013) Legal status of the Russian trade unions in the sphere of labor. General outline. Labor Soc Relat 7:102–112Google Scholar
  13. Tal LS (2006) Labor contract: a civil law study. Statut, Moscow. 539 pGoogle Scholar
  14. The case Vellutini and Michel v. France (N 32820/09) (2011) https://zakonbase.ru/content/part/1185377. Accessed 10 May 2017
  15. The European Social Charter (revised) (adopted in Strasburg on 03.05.1996) (2010) In: International treaties bulletin, No. 4, April. pp 17–67Google Scholar
  16. The RF Law dated 19.04.1991 No. 1032-1 (version of 29.07.2017) “On employment of the population in the Russian Federation” (1996) In: Collection of the RF legislation, No. 17, Art. 1915Google Scholar
  17. The RF Law dated 19.04.1991 No. 1032-1 (version of 29.07.2017) “On employment of the population in the Russian Federation” (2017) In: Collection of the RF legislation, No. 31 (Part I), Art. 4784Google Scholar
  18. Trade Unions and Employers’ Organizations (2017) http://www.ilo.org/moscow/areas-of-work/social-dialogue/lang--ru/index.htm. Accessed 1 Aug 2017
  19. Workers and the Global Informal Economy: Interdisciplinary Perspectives (2016) Routledge London/New York, Routledge. 240 pGoogle Scholar
  20. Zaytseva OB (2007) Labor juridical personality of the employer and limits of its fulfillment. Vestnik Omskogo universiteta. Bull Omsk Univ 1:109–113Google Scholar

Copyright information

© Springer International Publishing AG, part of Springer Nature 2018

Authors and Affiliations

  • Apollinariya A. Sapfirova
    • 1
  • Tatiana L. Adrianovskaya
    • 1
  • Evgeniya G. Vasilyeva
    • 2
  1. 1.Kuban State Agrarian University named after I.T. TrubilinKrasnodarRussian Federation
  2. 2.North Caucasus Branch of the Russian State University of JusticeKrasnodarRussian Federation

Personalised recommendations