Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 287, Junio 1993

1. 370. The Federation of Independent Trade Unions of Russia (FITUR) presented a complaint, dated 6 November 1992, alleging a violation of freedom of association against the Government of the Russian Federation. In a communication dated 18 December 1992, it sent additional information in support of its complaint. The Central Committee of the Trade Unions of Forestry Industry Workers of the Russian Federation (CCTUFIW) sent a communication to the ILO, dated 30 November 1992, concerning the same issues, and the Federation of Trade Unions of Forestry Industries of the Commonwealth of Independent States expressed its support for the complaint in a communication dated 10 January 1993.
2. 371. The Government sent comments and observations on these allegations in a communication dated 21 January 1993.
3. 372. The Russian Federation has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 373. In its communication of 6 November 1992, the FITUR explains that the administrative authority of Tula region has seriously violated Convention No. 87 by adopting Order No. 479 of 26 October 1992 prohibiting, under threat of criminal sanctions, the collection of trade union dues by their deduction at the source from workers' wages (the "check-off" system). It adds that this system was the result of a decision by trade union bodies and that it was applied only when the individual trade union member gave specific instructions to that effect to his or her own first-level trade union organization. The system had been freely chosen by trade union members, in accordance with Article 3(1) of Convention No. 87. According to the FITUR, the Administrative Order in question constitutes a violation of Article 3(2) of Convention No. 87, seriously undermining the right of workers to choose in full freedom the manner in which they pay their dues.
2. 374. The FITUR states that it has requested the administrative authority of Tula region, the President of the Russian Federation, the Russian Government and the State Public Prosecutor to revoke the Order. However, at the time at which the complaint was lodged, no reply had been received.
3. 375. Together with its complaint, the FITUR sent the text of the Order of 26 October 1992 adopted by the Head of the administrative authority of Tula region, and also a copy of the letter which it sent to the President of the Russian Federation.
4. 376. The text of the Order at issue is as follows:
   • The Regional Trade Union Council has introduced a practice, which is devoid of any legal foundation, whereby trade union dues are deducted at the source by enterprises, kolkhozes, institutions and other organizations and paid directly to the trade unions at the branch level. This practice is based on Order No. 14-14 of 14 December 1984 issued by the former Presidium of the Central Council of Trade Unions.
   • Under the legislation of the Russian Federation (section 124 of the Labour Code), salary deductions may only be made in those cases that are provided for under the law. The deduction of trade union dues prior to the payment of wages is not provided for by the legislation and constitutes a violation of the rights of the citizen.
   • In order to prevent further violations of labour legislation by existing trade unions and by those currently being established and to restore legality and thereby to protect the rights of workers, I hereby order the following:
5. 1. The Heads of the administrative authorities of the towns and districts of the region and the directors and chief accountants of enterprises, organizations, kolkhozes and institutions shall, under their own personal responsibility, henceforth formally prohibit the illegal practice whereby trade union dues are deducted at the source.
   • They shall ensure that trade union dues are paid only by the individual in person, with his or her free consent.
6. 2. The officials mentioned in paragraph 1 shall, by 5 November at the latest, report to the supervisory body on the measures taken to give effect to the present Order.
   • The authorities responsible for supervision, personnel and cooperation with the territories and the administrative authority of the region shall be responsible for ensuring that the application of the present Order is systematically monitored.
7. 377. In its letter to the President of the Russian Federation, the FITUR explains that this Order violates Presidential Decree No. 162 of the Russian Federation of 26 October 1991 on the guarantee of trade union rights during the transition to a market economy, which lays particular emphasis on strict respect for the rights of trade unions and absolute protection of their activities, in accordance with the legislation in force and the universally recognized international legal standards.
8. 378. In a communication dated 30 November 1992, the CCTUFIW points to similar prohibitory measures adopted by the administrative authority of Vologda region, and even by that of Moscow. It maintains that the system for collecting trade union dues was introduced in 1982 and provided, subject to the workers' consent, for their deduction at the source and transfer to the lower-level trade unions. The CCTUFIW explains that in ten years not a single trade union militant had complained about that system. Appended to its communication is Order No. 535 of 10 November 1992 adopted by the Head of the administrative authority of Vologda region, which refers to Protocol No. 9-3 of 26 June 1982 of the Presidium of the All-Union Central Council of Trade Unions as providing the basis for the check-off practice, and also an article which refers to many requests by trade unions and enterprise committees to do away with the ban imposed, through the adoption of Orders in a number of regions, on the deduction at the source of trade union dues. The article also mentions the decision by the Russian Tripartite Commission on the Settlement of Social and Labour-related Issues to the effect that the Tula Order amounts to interference in trade union affairs and violates the Constitution of the Russian Federation, the relevant Acts and Presidential Decrees, and ILO Convention No. 87. The Tripartite Commission reportedly proposed that the Russian Government should invalidate the Tula Order.
9. 379. Furthermore, the Council of the FITUR adds, in its communication of 18 December 1992, that the blameful behaviour of the administrative authority of Tula region has, with the knowledge of the Government of the Russian Federation, been repeated in the Chelyabinsk, Orel and Amur regions. The documents confirming that situation were attached to the complaint.
10. 380. Order No. 01-71-197 of 23 November 1992 issued by the Head of the administrative authority of Chelyabinsk region refers mainly to section 124 of the Labour Code, under the terms of which salary deductions by accounts departments are only legal in those situations for which provision is made by the legislation in force, which is not the case for trade union dues. It therefore formally bans the accounts departments of enterprises, organizations and institutions from illegally deducting trade union dues from workers' salaries, and permits only that workers pay their dues of their own free will and on an individual basis. As for Order No. 322 of 10 November 1992 issued by the Head of the administrative authority of Orel region, this makes reference to Decree No. 14-14 of 14 December 1984 issued by the former Presidium of the All-Union Central Council of Trade Unions, which permitted the accounts departments of enterprises, kolkhozes, institutions and other organizations in the USSR to deduct trade union dues from workers' wages and to transfer them directly to the accounts of the corresponding trade unions. It considers that practice to be illegal and as having no legal foundation, since section 124 of the Labour Code does not include trade union dues among the possible categories of salary deductions. The Order therefore requires that the directors and chief accountants of enterprises, organizations, kolkhozes and institutions intervene personally to prohibit formally in the future the illegal practice consisting in the deduction by accounts departments of trade union dues from workers' wages, and to ensure observance of the practice whereby individuals, of their own free will, pay those dues in person. The Order specifies, moreover, that the officials referred to in the previous paragraph must, by 20 November 1992 at the latest, report to the Office for Supervision and Analysis on the measures taken to apply the said Decree, and instructs the Office for Supervision and Analysis of the regional administrative authority to introduce measures for the systematic monitoring of the application of the Decree.
11. 381. Finally, the President of the Federation of Trade Unions of Forestry Industries of the Commonwealth of Independent States indicates, in a communication dated 10 January 1993, that a similar Order has been adopted by the administrative authority of Bryansk region.

B. The Government's reply

1. 382. In its reply of 21 January 1993, the Government points out that explanations concerning certain aspects of the system whereby the trade union dues of workers in enterprises, organizations and institutions are deducted at the source were communicated in letter No. 2321-VK of 7 December 1992 from the Russian Ministry of Labour to the Heads of the Administrative and Territorial Regions of the Russian Federation. In that letter, which refers to Decree No. 4 issued by the Ministry of Labour of the Russian Federation on 25 March 1992 and concerning certain questions relating to the payment of union dues, it is pointed out that the deduction of trade union dues from workers' wages and their transfer by enterprises, organizations and institutions to the accounts of the corresponding trade unions is possible, but only upon receipt of personal written instructions to that effect from the workers concerned.
2. 383. These indications from the Russian Ministry of Labour are not in the nature of an obligation, but rather of an authorization. Thus, the question of the methods to be used for the deduction and transfer of trade union dues by the management of enterprises, organizations and institutions can be resolved by taking account of the views of all of the members of the workers' collective through negotiations with the trade unions concerned, and through negotiations held at the time of elaboration, conclusion or amendment of collective agreements.
3. 384. As regards the Labour Code of the Russian Federation, the Government confirms that the question of salary deductions for workers in enterprises, organizations and institutions is governed by section 124 of the Code, which does not provide for the deduction of trade union dues from workers' wages.
4. 385. In the Government's view, the question of the deduction of trade union dues by the accounts departments of enterprises and institutions does not fall within the scope of Convention No. 87. Furthermore, the principle of trade union independence and autonomy carries within it the understanding that neither employers nor the authorities may intervene in the collection of trade union dues, which, in accordance with the practice used the world over, must be collected by the trade union organizations themselves. The Government concludes with the view that trade unions may not oblige the management of enterprises and institutions to concern themselves with matters relating to the internal organization of trade union activities.

C. The Committee's conclusions

1. 386. The Committee notes that the present complaint relates to the fact that employers have been prohibited, under threat of sanctions, from deducting workers' trade union dues (even if those workers have given express instructions that this be done) and from transferring them to trade union accounts.
2. 387. The Committee observes that the Government does not refute the allegations. It points out only that the Decree of 25 March 1992 authorizes the deduction at the source of trade union dues where workers have given express instructions to that effect. Its reply also contains two elements: on the one hand, that trade unions may not oblige the management of enterprises or institutions to concern themselves with the collection of trade union dues, but that, on the other hand, the question as to the method to be used for the collection of dues and their transfer to trade unions by the management of enterprises may be resolved through negotiations with the trade unions concerned during the elaboration or amendment of collective agreements.
3. 388. For its part, the Committee considers that the deduction of trade union dues by employers and their transfer to trade unions is a matter which should be dealt with through collective bargaining between employers and all trade unions without legislative obstruction.
4. 389. In these circumstances, the Committee, noting with interest that the Government itself accepts that the matter may be dealt with through negotiations with the trade unions concerned during the elaboration of collective agreements, considers that the Orders adopted by the administrative authorities of the Tula, Vologda, Chelyabinsk, Orel, Amur and Bryansk regions banning, under threat of sanctions, the accounts departments of enterprises, organizations and institutions from deducting the trade union dues of workers who have specifically requested that this be done and from transferring them directly to the accounts of their trade unions undermine the rights of workers' organizations to organize their administration and activities without interference from the public authorities, as guaranteed by Article 3(1) and (2) of Convention No. 87. The Committee recalls moreover, that the deduction of trade union dues at the source should not infringe the right of workers to belong to trade unions of their choice.
5. 390. The Committee therefore requests the Government to take the necessary steps to ensure that the decisions taken at the federal and regional levels do not conflict and to ensure that the agreements concluded between workers and employers regarding the deduction of trade union dues may be put into effect.