Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Russian Federation

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1998)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1998)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour inspection: Convention No. 81

Articles 3, 5(b), 10, 13, 17 and 18 of the Convention. Collaboration with trade union inspectors in the performance of labour inspection functions. The Committee previously noted the role of trade unions in labour inspection (section 370 of the Labour Code) and observed that about 4.5 per cent of all labour inspections were carried out jointly with representatives of trade unions. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that the main form of collaboration with the labour inspection bodies of the trade unions is joint inspections, and that collaboration includes, among other things, measures for the detection and remediation of labour law violations.

Article 3(2). Additional functions. The Committee notes the Government’s explanations concerning the functions of the Federal Service of Labour and Employment (Rostrud), in response to the Committee’s previous request concerning the duties carried out by labour inspectors.

Article 5(a) and (b). Cooperation and collaboration at the national and interregional level. The Committee notes the information provided by the Government in reply to the Committee’s request on the cooperation between the labour inspectorate and other public bodies and on collaboration between the labour inspectorate and the social partners. It further notes the information provided by the Government in reply to the Committee’s request on the cooperation of the labour inspectorate with other national labour inspectorates in the framework of the Regional Alliance of Labour Inspections (RALI) of the Commonwealth of Independent States (CIS) and Mongolia.

Article 7. Qualifications and training of labour inspectors. The Committee notes the Government’s indication, in reply to the Committee’s request, on the recruitment procedure for labour inspectors in accordance with the regulations applicable to civil servants, such as the requirement to establish recruitment commissions including technical experts. The Committee also notes the Government’s information on some of the subjects covered in the training provided to labour inspectors.

Article 14. Notification of cases of occupational diseases to the labour inspectorate. The Committee notes the Government’s indication, in reply to the Committee’s request, that processed information on cases of occupational diseases is communicated to the labour inspectorate by the public entities holding such information. The Committee also notes the Government’s indication that work is ongoing to establish a legal basis for the notification of cases of occupational diseases to the labour inspectorate. Emphasizing that the systematic notification of the labour inspectorate of cases of occupational diseases is important to fulfil its functions and obligations, including the planning of labour inspection visits and the inclusion of such information in the annual reports on labour inspection, the Committee requests the Government to provide information on any legislative changes establishing this procedure in the national legislation.

Labour administration: Convention No. 150

Articles 4 and 9 of the Convention. Organization and operation of the labour administration system. The Committee previously noted that the Ministry of Public Health and the Ministry of Labour and Social Development were merged in 2005 and their functions transferred to the newly created Ministry of Public Health and Social Development. The Committee notes from the Government’s report that the Ministry of Public Health and Social Development was separated again in 2012 into the Ministry of Health and Social Development and the Ministry of Labour and Social Protection. The Committee also notes the organizational chart of the labour inspection system provided by the Government, in response to its previous request. The Committee requests the Government to provide an organizational chart of the structure of the labour administration system in its entirety at the central, local and regional levels, including the Ministry of Labour and Social Protection, and all other bodies assuming labour administration tasks (such as other ministries or public agencies, semi-public bodies, non-governmental organizations, employers’ and workers’ organizations), their duties, and information on how these different bodies interrelate.

Article 5. Consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. The Committee notes the information provided by the Government, in response to its previous request, on the Tripartite Commission for the Regulation of Industrial Relations and Labour, including its composition and activities.

Article 6. Preparation and implementation of laws and regulations giving effect to the national labour policy. The Committee previously noted the Government’s reference to persistent difficulties undermining the effectiveness of the implementation of legislation in practice and severely reducing the capacity of the officials responsible for overseeing the application of labour law. The Government referred to difficulties such as the absence of an appropriate systematization of the labour legislation, as well as legal gaps and inconsistencies, the absence of texts implementing the provisions of the Labour Code, and the inadequacy of the provisions intended to give effect to ratified international labour Conventions. Noting that the Government has not provided a reply in this respect, the Committee requests the Government to indicate whether these difficulties persist, and to provide information on any measures envisaged or taken to overcome these difficulties. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance for this purpose.

Article 10. Qualifications of labour administration staff. Conditions of service, human, financial and material resources to guarantee the effective performance of their duties. The Committee welcomes the information provided by the Government concerning the efforts to improve the qualifications among the staff of the labour administration services. The Committee requests the Government to provide information on the current conditions of service of the labour administration staff, and to provide information on the allocation of adequate human, financial and material resources necessary for the effective discharge of their duties.