Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the response of the Government on the 2012 observations made by the International Trade Union Confederation (ITUC). The Committee also notes the observations made by the Confederation of Labour of Russia (KTR) received on 1 September 2015 alleging legislative restrictions imposed on the right to strike, addressed by the Committee below, and the Government’s comments thereon. The KTR also alleges that the existing mechanisms to protect trade union rights are ineffective. The Committee requests the Government to provide its comments in this respect. The Committee further notes the 2013 and 2015 observations made by the International Organisation of Employers (IOE), which are of a general nature.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities. The Committee recalls that it had previously requested the Government to ensure that workers of municipal services as well as civil servants who did not exercise authority in the name of the State could exercise the right to strike. In this regard, the Committee notes that the 1998 Federal Municipal Service Act was repealed by Law No. 25-FZ of 2 March 2007 on Municipal Service in the Russian Federation, which contains, in its section 14 1. 14), the prohibition imposed on employees to stop their duties as a means of resolving a labour dispute. The Committee further recalls that a similar prohibition is contained in section 17 (1) 15) of the Law on State Civil Service (2004). The Committee notes the Government’s explanation that the prohibition of strikes for civil servants is compensated by the existence of impartial individual service dispute bodies to address unresolved differences between the employer and civil servants. The Committee notes the KTR’s indication that section 9 of the Law on State Civil Service divides the duties of the civil service into four categories, that far from all civil servants covered by the Law are “officials exercising authority in the name of the State”, and that the Law imposes the prohibition on strikes irrespective of the specific category of the public service. The Committee once again recalls that the right to strike may be restricted or prohibited only for public servants exercising authority in the name of the State. The Committee therefore requests the Government to take the necessary measures to amend section 14 1. 14) of the Law on Municipal Service and section 17 1. 15) of the Law on State Civil Service so as to bring the legislation into conformity with the Convention and to indicate all measures taken in this respect.

With regard to its previous request to amend the legislation so as to ensure the right to strike of railway workers, the Committee notes that the Government refers to section 413(b) of the Labour Code, according to which, strikes are unlawful in a number of services, including air, water and rail transport, as well as communications, only if a strike action would endanger the defence of the country, the security of the State or people’s lives and health. The Committee notes, however, that pursuant to the same section, the right to strike can be restricted by a federal law and in this respect, further notes that pursuant to section 26(2) of the Law on Federal Rail Transport (2003), strikes are forbidden in the railway transport. The Committee recalls that railway transport does not constitute an essential service in the strict sense of the term where strikes can be prohibited and that instead, a negotiated minimum service could be established in this public service of fundamental importance. The Committee, therefore, requests the Government to take the necessary measures to amend section 26(2) of the Law on Federal Rail Transport (2003) so as to bring it into line with the Convention, as well as with section 413(b) of the Labour Code. It requests the Government to provide information on the measures taken or envisaged in this respect.