Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

Further to its previous observation concerning the application of Article 12(1) of the Convention, the Committee notes the comments made in a letter dated 21 March 1995 by the Trade Union Committee of the Far-East Plant "Zvezda", which states that wages have been paid with a delay of two to three months for a long period of time. It has also received comments from the Federation of Independent Trade Unions of Russia dated 4 November 1995, which points out the aggravation of the situation as regards the payment of wages. The latter organization refers to the Government's attitude which, for example, led to the de facto cancellation of the provision on the reservation of 30 per cent of the average of the bank accounts of enterprises for the payment of wages. The Committee also notes the information supplied by the Government representative and the discussion that took place in the Conference Committee in June 1995.

In the above information, the Government again refers, as reasons for the difficulties of applying the Convention in this respect, to the country's transition to a market-based economy and the continuing decline in production, as well as to the breakdown of the system of mutual payment between enterprises and the destruction of technological and economical network in the country. It further refers to various measures, including some in the form of Presidential Decrees, taken to regularize payment and to reinforce supervision of compliance with the wage-payment obligations.

The Committee notes that most of information on the measures brought by the Government representative to the Conference Committee had already been noted in the Committee's previous observation. It however notes with interest the Government's indication that a Bill had been adopted to amend the Labour Code concerning sanctions for violation of the Code, in particular in the case of unpaid or late payment of wages and that a law was adopted in third reading by the Duma (the lower house of Parliament) concerning the compensation to be paid to the citizens for material loss for unpaid or late payment of wages.

The Committee recalls that the present problem concerns the implementation in practice of the national labour legislation which gives effect to the Convention. It again emphasizes that the effective application of the Convention, through the national provisions giving effect to it, should comprise three principal aspects: supervision, appropriate penalties to prevent and punish infringements and steps to make good the prejudice suffered. In this connection, the Committee notes with concern the statement by the Government representative in the Conference Committee that some directors of certain enterprises were taking advantage of the difficult economic situation by avoiding wage payment and using the money for private purposes. It shares the view of the Conference Committee that the measures to ensure the application of the Convention would in fact contribute to the process of economic transition.

Noting the reference made by the Worker member of the Russian Federation in the 1995 Conference Committee to the difficulties in applying other provisions of the Convention such as: Article 3 concerning the prohibition of payment with promissory notes or coupons; Article 4 concerning the regulation of payment in kind; Article 11 on the treatment of wages as privileged credit in the case of bankruptcy; and Article 15 on the sanctions in case of violation, the Committee requests the Government to indicate measures taken or envisaged to ensure not only the regular payment of wages but also the application of all the provisions of the Convention. It asks the Government to supply information in particular on the draft legislative provisions concerning sanctions and compensation mentioned above, and other measures for ensuring the application of relevant provisions in practice. It also requests the Government to include, for instance, extracts from official reports that show the number of investigations made, infringements observed and penalties imposed.

The Committee is also addressing a direct request to the Government on certain points.