Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee takes note of the detailed information provided by the Government in reply to its previous comment.

The wage arrears situation

1. The Committee notes that, according to the latest statistics provided by the Government, in September 2006, the overall wage debt was 4,785 million roubles (approximately US$186 million), which represents a 52.2 per cent decrease (or a fall by 5,233 million roubles) compared to the corresponding figures of September 2005 and a 12 per cent decrease (or a fall by 650 million roubles) compared to July 2006. The Government indicates that due to enhanced supervision and control measures taken by executive and labour authorities at the federal and regional levels, wage arrears have been reduced almost fivefold from 23.4 billion roubles (approximately US$910.5 million) in August 2004 to 4.8 billion roubles in August 2006. The Government adds that the problem of deferred payment of wages has practically been solved in the public sector with no wage arrears reported in 84 administrative divisions of the Russian Federation and insignificant delays of one to three days in the remaining regions. In September 2006, the total number of employees experiencing delays in the payment of their wages was 600,000 persons. While noting with interest that the total volume of wage arrears seems to have been drastically curtailed in recent years – and practically eliminated in the public sector – the Committee remains concerned about the level of the outstanding wage debt, the number of workers concerned and the persistent practices of systematic and deliberate delays in the payment of workers’ wages on the part of certain employers and managers. The Committee asks the Government to keep the wage arrears situation under close and constant scrutiny, to pursue with determination its efforts for the elimination of such phenomena and the prevention of their recurrence and to report regularly on any progress made in these matters.

Supervision and sanctions

2. The Committee notes the Government’s indication that a Bill amending section 145-1 of the Criminal Code was introduced to the Russian Parliament in March 2006 with a view to strengthening the criminal and administrative liability of those managers who deliberately allow systematic delays in the payment of workers’ wages and also increasing the level of monetary fines. The Government specifies that the text of the Bill was drafted in consultation with the all-Russia employers’ organizations and trade unions and was also approved by the Russian Tripartite Commission on Social and Labour Affairs. The Committee requests the Government to keep it informed of any developments in this regard and to transmit the text of the legislative amendment as soon as it is adopted.

3. With reference to labour inspection, the Government reports that in the third quarter of 2006, visits were conducted in some 13,595 enterprises, including 2,762 state organizations. As a result of those visits, a total amount of 1.81 billion roubles (approximately US$70.5 million) in wage arrears were recovered and paid to over 266,000 workers, while in 156 cases criminal proceedings were initiated against the managers. The Committee requests the Government to continue supplying up to date statistics on labour inspection results and all other activities aiming at ensuring compliance with national laws and regulations on wage protection.

Protection of wage claims in the event of the employer’s insolvency

4. The Committee notes with interest the Government’s indication that a Bill on the protection of the citizens’ wage rights in the event of the insolvency (bankruptcy) of the employer has been drafted and is now the subject of tripartite consultations. According to the Government’s report, the purpose of the draft legislation is to align the national legislation with the requirements of ILO Convention No. 173 and article 25 of the revised European Social Charter which provides that all workers have the right to protection of their claims in the event of the insolvency of their employer. Moreover, the Government refers to a plan of cooperation between the Government, all-Russia trade unions and all-Russia employers’ organizations for the enforcement of the right of workers to prompt and full payment of their wages. Under this plan, a system of economic measures has been developed to guarantee the right of workers to wages in case of insolvency of enterprises, including the establishment of a compensation mechanism. The Committee requests the Government to keep it informed of any developments concerning the finalization and adoption of the new legislation on the protection of wage claims in the event of the employer’s insolvency. It recalls, in this connection, that the technical assistance and expert advice of the Office are at the Government’s disposal, especially as regards the drafting of legislation implementing the standards set out in Part III of Convention No. 173 dealing with the protection of workers’ claims by a guarantee institution. The Committee would also be grateful if the Government would provide full particulars, including copies of any relevant texts, concerning the plan of cooperation concluded with the social partners in relation to the prompt and full payment of wages.

The wage situation in the fishing industry in the Kamchatka region

5. Further to its previous comment on this point, the Committee has been in receipt of a collection of documents concerning alleged violations of workers’ rights, including accumulated wage arrears, in the fishing industry in the Kamchatka region. These documents contain a series of communications by which the Independent Union of Fishers of Kamchatka calls upon public authorities to investigate into various abusive practices affecting fishers, including but not limited to the non-payment of wages and the absence of effective remedies to ensure the recovery of unpaid wages, as well as the replies of several services, such as the Fisheries Department of the Kamchatka Regional Authority, the State Labour Inspectorate of the Kamchatka Region, and the Municipal Prosecution Service of the City of Petropavlosk, all indicating that they lack authority to review the matter. The Committee once again requests the Government to provide its comments in reply to the observations made by the Independent Union of Fishers of Kamchatka.