Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Russian Federation (Ratification: 1956)

The Committee notes the Government's report and the debate and the comments at the Conference Committee in 1987.

It recalls that its comments dealt with the system of trade union monopoly, the links between the Communist Party and the trade unions and the right to meet being made subject to prior authorisation.

1. The right of workers to establish organisations of their own choosing without previous authorisation

In the comments that it has been making since 1960, the Committee has pointed out that any congress, conference or meeting, under the terms of Order No. 908 of 15 May 1935, was subject to prior authorisation. It considered that this Order could give the public authorities the possibility of opposing the establishment of a new organisation or a new federation or confederation by, for example, refusing authorisation for a constitutive assembly of an occupational organisation to meet.

In its previous reports, the Government on many occasions indicated that the provisions of this Order had never been applied to occupational organisations and that they were considered to have fallen into abeyance.

The Committee requested the Government to supply information on any change in the legislation in this respect.

In its last report, the Government indicates that Order No. 908 of 15 May 1935 has ceased to apply to the holding of congresses, conferences and meetings of co-operative organisations, trade unions and other social organisations, by virtue of Order No. 391 of the Council of Ministers of the USSR of 29 March 1988, and it supplies a copy of this Order which expressly provides in its title that Order No. 908 of 15 May 1935 partially ceases to be in force and, more specifically in the text itself, that Order No. 908 of 15 May 1935, "concerning authorisation for holding congresses, conferences and meetings" organised by co-operative organisations, trade unions and other social organisations is no longer in force.

The Committee notes with satisfaction the contents of Order No. 391 of 29 March 1988.

2. The right of workers to establish organisations of their own choosing outside the existing trade union structure

In its previous comments, the Committee noted several provisions of the Labour Codes of the federated republics and the regulations issued thereunder which establish the pre-eminence of the local factory or works trade union committee for the representation of workers, to the exclusion, in practice, of any other trade union organisation which might wish to act in defence of the occupational and economic interests of the workers in a factory or works, particularly in the RSFSR:

- section 7 of the Labour Code of 1971, which provides that collective agreements are concluded in the name of the employees by the local factory or works trade union committee with the administration of the enterprise or organisation concerned;

- section 230 of the Code, which deals with the rights of the local factory or works trade union committee and its relations with the management of an enterprise, institution or organisation, including: that of representing the interests of the workers in an enterprise, institution or organisation in the fields of production and work and of organising socialist competition jointly with the management and of promoting a communist attitude towards work;

- sections 231, 233, 234 and 235 of the Code, which deal with the powers and functions of the trade union committee; and - the Decree of the Presidium of the Supreme Soviet, issuing regulations respecting the rights of the local factory or works trade union committee, of 27 September 1971, which describes in detail the powers of these committees.

In its previous reports, the Government indicated that the Fundamental Principles Governing Labour Legislation of the USSR and the provisions of the Labour Codes of the federated republics do not prohibit the establishment of trade unions other than existing trade unions.

The Committee considered that, if a trade union were established outside the existing trade union structure, it would be impossible for it to exercise trade union activities to defend the occupational and economic interests of its members, since the 1971 Regulations respecting the rights of local factory and works trade union committees (and certain provisions of the Labour Code of the RSFSR) attribute these functions to the trade union committees of enterprises, institutions and organisations, which are bodies of the existing trade union structure, and it requested the Government to re-examine the legislation in order to guarantee workers, who so wish, the right to establish trade unions of their own choosing outside the existing trade union structure, in accordance with Article 2 of the Convention, and to indicate whether initiatives had been taken by workers to establish organisations that are independent of the existing trade union structure and, if this is the case, to indicate the results.

During the discussion in the Conference Committee in 1987 and in its last report, the Government once again stated that neither the Constitution, nor the Fundamental Principles Governing Labour Legislation, nor the Labour Code of the RSFSR restrict the number of occupational organisations in an enterprise. The State does not intervene in the internal workings of trade unions, which act in accordance with their by-laws, and the legislation does not provide for the registration of these by-laws. In the USSR, the trade unions participate in the management of the State since the legislation recognises their right to legislative initiative and to participate in the formulation of legislation. The new Act of 30 June 1987 on state enterprises (amalgamation), together with reforms in economic management, associates them more closely through workers' collectives in the management of enterprises on a new basis of collaboration between workers and management.

With regard to the 1971 Regulations, the Government indicates once again that no provision prohibits the establishment of trade unions. The Government emphasises the fact that the national legislation does not impose trade union monopoly; however, workers in the USSR are of the opinion that the unity of the trade union movement is the most important achievement of the workers and that the existence of several trade union organisations competing within the same country is prejudicial to the workers' struggle for their rights. The Government repeated its previous declarations to the effect that trade union unity in the USSR had happened immediately after the socialist revolution in 1917. It admits, however, the need to improve trade union legislation and announces that proposals have been made to adopt a special law on trade unions to define the rights of workers, the functions, duties and role of trade unions and to empower them to reject any Government decision that is contrary to the interests of the workers and has been taken without the agreement of the trade unions, thereby giving the trade unions the role of a counterbalance to technocratic powers. The Government also supplied statistical data on the increase in the functions of trade unions and indicates in reply to the Committee's observation on this point that it has no information available on whether initiatives have been taken by workers to establish workers' organisations that are independent of the existing trade union structure.

The Committee notes these statements and this information and observes that the new Act on state enterprises of 1987 grants the work collectives - which includes workers, work-team leaders, foremen, specialists and representatives of management and the Party, trade union, young communists and other public organisations - greater independence in the management of the enterprise. It also notes that Decree No. 8430-XI of the Presidium of the Supreme Soviet of the USSR of 4 February 1988 introduces the self-management system for work collectives, and gives the works trade union committee greater power of control over the dismissal of managerial-level employees in the enterprise.

While noting these measures, the Committee points out that the principles of Convention No. 87 do not have the effect of supporting either trade union unity or trade union pluralism. The purpose of the Convention is to make trade union pluralism possible in all cases. In the Committee's opinion, the national legislation, and particularly the 1971 Regulations, which attribute trade union functions solely to the bodies of the existing trade union structure, restrict the possibility of other organisations, should they be established outside this structure, exercising trade union functions to further and defend the interests of their members and are liable to restrict the interest of workers in establishing other trade union organisations outside this structure.

The Committee notes the Government's reaffirmed wish to pursue dialogue and trusts that it will take into account the Committee's comments, in the context of its enterprise reforms, and that it will be possible to take measures to lift the legislative restrictions and recognise the rights and functions necessary to defend and further the interests of the members of any trade union that might be established outside the existing structure.

3. The leading role of the Communist Party

In its previous comments, the Committee noted that under the terms of the Constitution - and in particular of section 6, under which the Communist Party of the Soviet Union is the leading and guiding force of Soviet society and the nucleus of its political system, of all state organisations and social organisations - that the Party determines the general perspectives of the development of society within which trade unions must act, which, contrary to the provisions of Article 3 of the Convention, does not guarantee trade unions the right to exercise their activities freely and in full independence.

In its report, the Government emphasises once again the fact that the relations between the Party and the trade unions do not affect the application of the Convention since this relationship is of a political and not a legal nature. The Government points out that the Party and the trade unions have common objectives and that the role of the Party, as the historic guide of the trade union movement, is to increase the role of trade unions in all spheres of activity in the country without the Party exercising trade union activities. The Government points out that section 7 of the Constitution provides that trade unions participate in managing the State and in deciding political, economic and social matters in accordance with the functions accorded to them by the law. Trade unions act in full independence and the statutes of trade unions adopted at the XVIIIth Congress contain no provisions that give the Party the right to restrict the freedom or activities of trade unions, which are independent, non-political, mass organisations.

The Committee notes these statements and observes that the principle laid down in section 6 of the Soviet Constitution is taken up again in section 6 of the 1987 Act on state enterprises (amalgamation) which provides that the Party organisation in the enterprise is the political nucleus of the work collective, that it functions within the framework of the Constitution of the USSR and that it guides the work of the entire collective and its self-management bodies, trade unions, young communists and other public organisations, and that it supervises the activities of management.

The Committee is therefore once again bound to draw the Government's attention to the importance of the indepedence of trade unions, which is an indispensable condition to enable them to play the role of defending and promoting the interests of their members. In the Committee's opinion, the relationship established by the national legislation between the Party and trade union organisations is contrary to Article 3 of the Convention since the State, as the legislator, through this provision restricts the rights of such organisations to organise their activities and formulate their programmes.

The Committee hopes that it will be possible to re-examine these matters in the light of its comments. It requests the Government to report on any measures that have been taken or are envisaged to ensure that the legislation is in conformity with the Convention with regard to the right of workers to establish trade union organisations outside the existing trade union structure, should they so wish, and the right of workers' organisations to organise their activities and formulate their programmes in full independence and without interference from the public authorities.