Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

With reference to the comments it has been making for many years, the Committee notes with satisfaction the modifications introduced into the legislation regarding the leading role of the Communist Party, the possibility of trade union pluralism and the independence of trade unions, and the right of workers to resort to strikes to defend their interests.

1. The Committee notes in particular that section 6 of the Constitution of the USSR which laid down the leading role of the Communist Party over mass organisations, including trade unions, has been amended by the Law of the USSR adopted on 14 March 1990 and that, in accordance with the new wording of this provision, the Party participates in the development of Soviet state policy along with other political parties, trade unions, youth organisations and other public organisations.

2. The Committee also notes that the Law of the USSR on public associations of 16 October 1990 and the Law of the USSR on trade unions, their rights and the guarantees of their activities, of 10 December 1990 recognise the possibility of trade union pluralism. It notes in particular that section 2 of the Law on trade unions guarantees the right of workers, without any distinction, to establish voluntarily and without prior authorisation, unions of their choice, and to join trade unions, provided that they observe the statutes of the unions. It also notes that section 3 of the same Law provides that trade unions shall enjoy full independence in drafting and adopting their statutes, determining their structure, electing their officers, organising their activities, holding their meetings, conferences, plenary sessions and congresses.

3. Lastly, the Committee notes that the Law of the USSR on the settlement of collective labour disputes of 9 October 1990 recognises the right of workers, in certain circumstances, to resort to strikes to defend their occupational interests.

Furthermore, the Committee notes that the Order of the Supreme Soviet of the USSR concerning the entry into force of the Law of the USSR on trade unions provides that the Government of the USSR, in the course of the first half of 1991, shall align its decisions with the provisions of the Law of the USSR on trade unions and shall take measures for the review or abolition by the Ministries, State Committees and Government Directorates of the USSR of all the labour statutes, particularly any instructions which are contrary to this Law.

The Committee recalls that, in its previous comments, it drew the Government's attention to the provisions of the national legislation which established the pre-eminence of the local factory or works trade union committee for the representation of workers. It had pointed out that these provisions precluded the emergence of trade union organisations outside the existing trade union structure (Labour Code of 1971, 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).

Furthermore, the Committee notes that the Law of the USSR on the settlement of collective labour disputes of 9 October 1990 still refers to the works trade union committee as the only competent trade union body for the settlement of collective labour disputes.

The Committee therefore trusts that, in accordance with the above-mentioned Order of the Supreme Soviet, all the provisions of the national legislation will be amended so as to remove any legal ambiguity as to the possibility of genuine trade union pluralism and asks the Government to provide information on progress made in this respect.

The Committee is addressing a direct request to the Government for information on other points.