Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Labour Inspection Convention, 1947 (No. 81) - Russian Federation (Ratification: 1998)

Also referring to its observation, the Committee would like to draw the Government’s attention to the following issues.

Article 4 of the Convention. Supervision and control of the labour inspection services by a central authority. According to the report received in 2007, the supervision and control of labour inspection under the Russian legislation is assigned to the Federal Labour and Employment Service. The Committee would be grateful if the Government would specify and communicate to the ILO a copy of the legislation mentioned.

Article 5(a) and (b). Promotion of appropriate cooperation and collaboration for the proper functioning of the labour inspection system. The Committee would be grateful if the Government would communicate to the ILO detailed information on any measures undertaken in order to promote effective co-operation between the labour inspection services and other governmental or non-governmental bodies and collaboration between officials of the labour inspectorate and employers and workers or their organizations, and on the results achieved, as well as copy of any relevant documentation.

The Committee also asks the Government to supply any periodical inspection report or extract thereof, any joint report prepared by the inspection services with the health services, the Mines Inspection Agency or the Nuclear Control Agency, or working session report of any advisory body, illustrating the manner in which effect is given, in practice, to the abovementioned provisions during the period covered by the next report.

Article 7. Qualifications and training of labour inspectors. The Committee would be grateful if the Government would provide detailed information on the means of ascertaining qualifications of labour inspectors by the competent authority. It also requests the Government to describe the initial training provided to labour inspectors at the time of their appointment and give details on the content of any periodic or ad hoc based trainings organized for labour inspectors, the assistance, and the impact of such training sessions on the results of the labour inspection activities performed during the period covered by the next Government report.

Article 11. Transport facilities and reimbursement of incidental travelling expenses. The Committee would be grateful if the Government would describe the transport facilities available to the various regional inspection offices and to communicate to the ILO a copy of Order No. 148 of the Ministry of Labour and Social Development of 5 June 2000 or of any further legal provision concerning the reimbursement to labour inspectors of travel expenses incurred in the performance of their duties.

Article 12, paragraph 1(c)(i). Investigation powers. In its previous report, the Government indicated that, pursuant to article 229 of the Labour Code, labour inspectors have the right to interrogate, alone or in the presence of witnesses, the employer or his representative on any matter related to the labour inspection’s visit and that staff may be interrogated only in case of the investigation of accidents at the workplace. The Committee would like to bring to the attention of the Government that Article 12(1)(c)(i), of the Convention does not limit labour inspectors’ right to interrogate staff of cases of accidents and that this right forms part of the labour inspectors broader power “to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions [of the Convention] are being strictly observed”. Consequently, the Committee requests the Government to take, in the near future, the necessary measures aimed at bringing the legislation in compliance with Article 12 and keep the ILO duly informed of progress achieved to this end.

Articles 17 and 18. Prosecution and penalties for violation of legislation. The Committee would be grateful if the Government would send a copy of any legal provision adopted to apply sections 362 (responsibility for infringement of the labour legislation and other legal rules containing rules of the labour law), 363 (responsibility for obstructing the activities of state labour inspectors), and 419 (types of responsibility for infringement of the labour legislation) of the Labour Code and, if possible, to summarize the substance thereof in its report.

Parts V and VI of the report form. The Committee would be grateful if the Government would give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports and information on any practical difficulties encountered in its application. Please also indicate whether employers’ and/or workers’ organizations have made any comments on the application of this Convention and, if so, to transmit them to the ILO.