Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee recalls that it had previously requested the Government to provide its observations on the comments made by the International Trade Union Confederation (ITUC), the Russian Labour Confederation (KTR) and the Seafarers’ Union of Russia (RPSM) alleging numerous violations of trade union rights in practice, including the denial of legal personality trade unions, interference by the authorities in internal trade union affairs, harassment of trade union leaders, and restrictions on the rights to strike. The Committee notes the Government’s reply thereon. The Committee notes that an ILO mission visited the country in October 2011 in order to discuss similar issues pending before the Committee on Freedom of Association with all interested parties.

The Committee notes the comments made by the ITUC in a communication dated 31 July 2012 alleging numerous violations of trade union rights in practice, including denial of registration of trade unions, dissolution of a migrant workers’ union upon a court’s order and restrictions on the right to strike. The Committee requests the Government to provide its observations thereon.

The Committee notes that the Government’s report for the current reporting cycle has not been received, however, it observes that the Labour Code has been amended.

Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their administration and activities. Labour Code. The Committee recalls that it had previously requested the Government to amend section 410 of the Labour Code so as to repeal the obligation to indicate the duration of a strike in order to allow trade unions to declare strikes of unlimited duration. The Committee notes with interest that this provision has been amended so as to repeal this obligation.

Other legislation. The Committee recalls that it had previously requested the Government to ensure that workers of postal services, municipal services and railways can exercise the right to strike and, to that effect, amend section 9 of the 1994 Federal Postal Service Act, section 11(1)(10) of the 1998 Federal Municipal Services Act and section 26 of the 2003 Federal Rail Transport Act. Furthermore, noting that the 2004 Law on State Civil Service prohibits civil servants from stopping their duties to solve a labour dispute, it also requested the Government to amend the relevant legislative provisions so as to ensure that public servants who do not exercise authority in the name of the State could exercise the right to strike. The Committee notes that the Government reiterates that the right to strike of the following categories of workers is restricted: workers of the federal courier communications and the municipal employees, as well as certain categories of railway workers. The Government considers that the restrictions imposed on the right to strike of certain categories of workers do not contradict international standards. It refers in this respect to Article 8(2) and (1)(c) of the International Covenant on Economic, Social and Cultural Rights and points out that, under these provisions, a State may impose prohibition on the exercise of the right to strike by members of the armed forces, the police, or the administration of the State, as well as other persons, if necessary, in a democratic society in the interests of national security, public order, or for the protection of the rights and freedoms of others. The Government stresses that nothing in this Article shall authorize States parties to Convention No. 87 to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that Convention. The Committee once again recalls its basic position that the right to strike is an intrinsic corollary of the right to organize protected by Convention No. 87. It further recalls that, in addition to the armed forces and the police (members of which could be excluded from the application of the Convention), the right to strike may be restricted or prohibited only for public servants exercising authority in the name of the State and in essential services in the strict sense of the term, i.e. services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee considers that railway services and postal services do not constitute essential services. The Committee therefore requests once again the Government to take the necessary measures to amend the abovementioned legislative acts so as to bring its legislation into conformity with the Convention and ensure that workers of the federal courier communications, railway workers, municipal employees, as well as public servants who do not exercise authority in the name of the State, can exercise the right to strike. It requests the Government to indicate in its next report all measures taken in this respect.

The Committee is raising other points in a request addressed directly to the Government.