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Labour Inspection Convention, 1947 (No. 81) - Russian Federation (RATIFICATION: 1998)

Other comments on C081

Observation

Direct Request

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With reference to its observation, the Committee would also like to raise the following points.

Articles 3, 5(b), 13, 14, 16, 17 and 18 of the Convention. Collaboration with trade union labour inspectors in the performance of labour inspection functions. The Committee notes from the Government’s report received in 2009 that of the total number of 228,000 inspection visits carried out by the labour inspectorate, more than 10,100 inspections were carried out jointly with representatives of trade unions. According to section 370 of the national Labour Code, trade unions may create legal and technical inspectorates in order to monitor compliance with legal provisions relating to conditions of work and the protection of workers, and have the right to conduct independent expert reviews of working conditions and provisions relating to occupational safety and health (OSH), take part in investigations relating to industrial accidents or cases of occupational disease, ask for the suspension of operations in the case of an imminent threat to the lives and health of workers, have recourse to the competent authorities and present demands that guilty persons be held accountable for violations of the labour legislation, etc. Section 370 also provides that “in exercising the indicated powers, trade unions and their labour inspectorates shall work with the federal executive governmental body empowered to exercise state supervision and control over the observance of the labour legislation and other normative legal acts containing norms of labour law, its territorial bodies, other federal executive governmental bodies charged with the functions of control and supervision in the established area of activity”. The Committee further notes that according to article 230 of the National Labour Code, as a rule, the additional investigation involves the participation of a trade union labour inspector and, where necessary, representatives of the relevant federal executive governmental body charged with the functions of control and supervision in the established area of activity and the executive body of the insurer (at the place of registration of the employer as an insured). According to the results of the additional investigation the state labour inspector shall draw up a statement on the industrial accident and issue a prescription binding on the employer (a representative thereof). The Committee requests the Government to provide details on the conditions and modalities under which the labour inspection collaborates with the legal and technical labour inspection bodies of the trade unions and the impact of this collaboration in relation to the enforcement of legal provisions on the conditions of work and the protection of workers and the prevention of industrial accidents and cases of occupational disease.

Article 5(a). Regional coordination and cooperation in the area of labour inspection. The Committee notes the information provided by the Regional Office ILO Moscow DWT/CO that representatives of state labour inspections from Russia, Armenia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Ukraine, Mongolia and the International Association of Labour Inspections (IALI) signed a declaration, within the framework of the international conference of labour inspections of the Commonwealth of Independent States (CIS) and other countries in Moscow on 10 June 2012, to set up the Regional Alliance of Labour Inspections (RALI) of the CIS and Mongolia. It notes that RALI is aimed at reducing occupational accidents and diseases, exchanging regular experience of ensuring safe working conditions and occupational safety, assisting member states in resolving trans-border problems and developing effective data exchange systems for labour inspections of the alliance’s member states and other countries. The Committee would be grateful if the Government would keep the ILO informed on the activities carried out by the labour inspectorate within the framework of the RALI, as well as any impact these activities may have on the application of the Convention. Please also send a copy of any cooperation agreement concluded in this framework.

Article 5(a) and (b). Cooperation and collaboration at the national level. The Committee notes with interest from the Government’s report that, in conformity with Government Decree No. 275 of 5 December 2005, inter-agency committees have been established throughout the country for the protection of workers who face arrears of wages. These committees, which are composed of representatives of the labour inspectorate, public prosecutor’s offices and federal tax services, the financial control organ “Rosfinnadzor”, pension and social security offices, the federal treasury, the directorate of internal affairs for the suppression of economic offenses and representatives of workers’ and employers’ organizations, are not only charged with the elaboration and pursuit of measures and actions aimed at bringing wage arrears to an end, but also provide for the legalisation of wages paid informally. The Committee also notes the information on the progress made in terms of recovery of wages in the Government’s report. The Committee requests the Government to continue to provide information on measures undertaken in order to promote effective cooperation between the labour inspectorate and other public bodies and the social partners, and on the results achieved, as well as a copy of any relevant documentation.

Furthermore, as the Government has only partially replied to the matters raised in its previous direct request, the Committee is bound to repeat its previous comment which read as follows:

Article 7. Qualifications and training of labour inspectors. The Committee would be grateful if the Government would provide detailed information on the means of ascertaining qualifications of labour inspectors by the competent authority. It also requests the Government to describe the initial training provided to labour inspectors at the time of their appointment and give details on the content of any periodic or ad hoc based trainings organized for labour inspectors, the assistance, and the impact of such training sessions on the results of the labour inspection activities performed during the period covered by the next Government report.