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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Russian Federation (Ratification: 1956)

Other comments on C098

Observation

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The Committee notes the observations of the Confederation of Labour of the Russian Federation (KTR) communicated with the Government’s report and referring to the issues examined by the Committee below, as well as the Government’s reply thereon.

Articles 1, 2 and 3 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its previous comment, the Committee had requested the Government to provide information on the developments regarding the implementation of the proposals by the KTR and the Federation of Independent Trade Unions of Russia (FNPR), pertaining to anti-union discrimination, which the Government and employers’ representatives had agreed to examine in the framework of the Russian Tripartite Commission for the Regulation of Social and Labour Relations (RTK). The Committee notes the Government’s indication that it believes the cooperation between the relevant federal authorities and the social partners, within the framework of the working group established under the Ministry of Labour to develop proposals to improve the current regulatory legal framework and law enforcement procedure is effective. The COVID-19 pandemic has affected the frequency and format of the working group meetings and the last in-person meeting was held in July 2022. The Government indicates that the issue of discrimination is one of the key subjects of discussion put on the agenda by trade unions. The Committee notes the KTR allegation that the existing mechanisms are inefficient and ineffective in addressing cases of anti-union discrimination. The Committee notes that the Government disagrees with the KTR in this regard. The Committeedeeply regretsthat over 11 years after the above-mentioned proposals were made, there has been no concrete outcome in their implementation and urges the Government to strengthen its efforts to examine and implement the proposals pertaining to anti-union discrimination without further delay, as well as to inform the Committee of all developments.

Article 4. Parties to collective bargaining. The Committee had requested the Government to amend section 31 of the Labour Code, which provides that when an enterprise trade union represents less than half of the workers in that enterprise, other non-unionized representatives could represent workers’ interests, so as to ensure that only in the absence of trade unions at the enterprise, can the authorization to bargain collectively be conferred on other representatives elected by workers. The Committee notes that the Government reiterates its previous explanation of the procedure for the election of a representative body. The Committee further notes that while the Government considers that the legislation in force is balanced and aims at protecting workers’ interests and therefore, its amendment would be contrary to workers’ interests, it would welcome receiving information on best international practice of trade unions representing the rights and interests of workers. The Committee notes with regret the KTR’s allegation that nothing has been done by the Government to address this long-standing request of the ILO supervisory bodies. Whilewelcoming the Government’s request for information on best practices, the Committee urges the Government to engage with the social partners in order to review the legislation so as to clearly establish that it is only in the event where there are no trade unions at the workplace that an authorization to bargain collectively could be conferred to other representative bodies. The Committee requests the Government to provide information on any progress made in this respect.

Promotion of collective bargaining in practice. The Committee notes the KTR’s allegation that there are no available statistics on the number of collective agreements concluded and workers covered by such agreements, especially at the regional level. The Committee further notes the KTR allegation of insufficient penalties that can be imposed on employers for not respecting collective agreements. The Committee notes the Government’s indication that it is preparing a new draft Code of Administrative Offenses, which has been discussed twice during the working group of the RTK with the participation of the KTR and that the consultations with the social partners will continue in this regard. The Committee requests the Government to provide information on the measures taken to promote collective bargaining across the different sectors of the economy and the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.