Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Russian Federation (Ratification: 2019)

Other comments on C102

Direct Request

2022

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The Committee notes the Government’s first report, and also the observations of the Federation of Independent Trade Unions of Russia (FNPR), communicated with the report, and of the Confederation of Labour of Russia (KTR), received on 31 August 2021.

Part II (Medical care) of the Convention. Application in practice. The Committee takes note of the information provided by the Government in its report and of the provisions of the legislation that give effect to Part II of the Convention. The Committee further notes the observations of the KTR pointing out that underfinancing of healthcare facilities affects the provision of medical care in a timely manner. The KTR further indicates that the availability of free medical care depends on the financial wealth of the regions in Russia. In particular, the shortage of medical personnel and medical equipment as well as lack of healthcare facilities are observed in the “poor” regions, including rural areas. The Committee requests the Government to provide data on the number of health and medical personnel per population, as well as the number of state and municipal healthcare facilities in the country. The Committee further requests the Government to provide information on the waiting time for patients to receive general practitioner care andspecialist medical care, including high technology medical care. It also requests the Government to provide information on measures taken or envisaged to ensure access to free medical care in rural and remote areas.

Part V (Old-age benefits), Article 26, in conjunction with Article 29(2)(a). Entitlement conditions. The Committee notes that according to section 8(2)(3) of the Federal Law of December 28, 2013, No. 400-FZ “On insurance pensions” (Federal Law No. 400-FZ), to be entitled to an old-age insurance-based pension, a person shall have at least 15 years of insurance and 30 individual pension points (18,6 individual pension points in 2020 as per the transitional provisions). The Committee observes from section 15 of Federal Law No. 400-FZ that the total number of individual pension points depends, amongst others, on the paid amount of social insurance contributions. The Committee further notes from the information provided by the Government that the standard beneficiary, who earns 41,625 RUB determined according to Article 65(6)(a) for 2020, would acquire 61 individual pension points after 15 years of insurance.

The Committee recalls in this respect that as per Article 29(2)(a) of the Convention, 15 years of contribution or employment is a minimum qualifying period after which a person protected shall be entitled to a reduced old-age benefit. The Committee observes that unlike the standard beneficiary, workers with low earnings, including those earning the minimum wage (12,130 RUB in 2020), would not acquire 30 individual pension points after 15 years of contribution, due to the low amount of social insurance contributions paid and, therefore, would not be entitled to an old-age insurance-based pension after 15 years of insurance.

Recalling that Article 29(2)(a) requires the provision of a reduced old-age pension already after 15 years of contribution or employment without allowing for the imposition of additional entitlement conditions, the Committee requests the Government to indicate the number of individual pension points acquired by persons protected earning the minimum wage after 15 years of insurance, and whether they would be entitled to an old-age insurance-based pension.

Article 28(a), in conjunction with Article 65. Replacement rate of old-age benefits. The Committee observes from the Government’s calculations that the total amount of old-age pension (26,289 RUB) for a standard beneficiary includes an old-age insurance-based pension (11,362 RUB) provided after 30 years of insurance; a fixed payment to the old-age insurance-based pension (5,687 RUB); and a social old-age pension provided to the standard beneficiary’s dependent wife increased up to the minimum subsistence level (9,240 RUB). The Committee further observes that the total amount of the old-age pension constituted by adding these components represents 63 per cent of the reference wage of a skilled manual male employee (41,625 RUB) determined according to Article 65(6)(a) of the Convention for 2020.

The Committee also notes the observations of the KTR, pointing out the low level of average old-age insurance-based pensions which, it is alleged, put many pensioners at risk of poverty. The Committee further notes the observations of the FNPR indicating that the calculations of the replacement rates of pensions should reflect an individualized assessment of pension rights without considering support measures provided to the beneficiary’s family members. In this respect, the Committee observes that the replacement rate of the old-age pension without adding a social old-age pension provided to the standard beneficiary’s dependent wife (17 049 RUB) would amount for 40.95 per cent of the reference wage which is slightly higher than 40 per cent of the replacement rate required by Article 65 of the Convention. The Committee requests the Government to continue to provide information on the replacement rate of old-age pensions in accordance with Articles 28 and 65 of the Convention.

Part VI (Employment injury benefits). (i) Article 33. Scope of coverage. The Committee notes the observations of the KTR indicating the widespread practice of concluding civil contracts with persons who are in fact in an employment relationship. The KTR further indicates that such workers are often not covered by social insurance in case of employment injury since the Federal Act of 24 July 1998, No. 125-FZ, on “Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” (Federal Law No. 125-FZ) covers only workers under employment contracts (section 5 (1)). The Committee requests the Government to provide information on measures taken or envisaged to ensure that persons who are in an employment relationship de facto have effective access to employment injury benefits.

(ii) Article 33, in conjunction with Article 68. Coverage of non-national residents. The Committee notes that Federal Law No. 125-FZ establishes the mandatory coverage of Russian citizens, foreign citizens and stateless persons who work under an employment contract (section 5). The Committee further notes the observations of the KTR alleging the existence of a practice of the Social Insurance Fund of refusing employment injury benefits to foreign nationals who have illegally entered into labour relations with an employer. Recalling thatnon-national residents shall have the same rights as national residents under Article 68 of the Convention,the Committee requests the Government to provide information on the provision of benefits in case of employment injury to foreign nationals in irregular employment.

Article 71(3). General responsibility of a State for the due provision of the benefits. The Committee notes that in its observations, the FNPR refers to the remaining issues of the application of the social insurance principles in the Russian pension system which may result in future in the reduction of the level of protection provided by the Convention. In this regard, the FNPR proposes the elaboration of a road map on the implementation of the Convention which can be discussed by the Russian Trilateral Commission on the Regulation of Social and Labour Relations. According to the FNPR, the road map should focus on various issues, including, for example, a gradual increase in the minimum wage which would ensure the minimum level of protection by social security benefits; the reduction of the informal sector of the economy; the strengthening by means of law of the correlation between social security benefits levels and wage levels; and the actuarial justification of social insurance contributions rates. Recalling that according to Article 71(3) of the Convention, the State accepts general responsibility for the due provision of the benefits provided in compliance with the Convention, and that it shall take all measures required for this purpose, the Committee requests the Government to provide its comments on the proposal made by the FNPR concerning the possibility of elaborating of a road map to enable social dialogue on the above mentioned issues, in the context of the implementation of the Convention.