Observación (CEACR) - Adopción: 1996, Publicación: 85ª reunión CIT (1997)

Convenio sobre la protección del salario, 1949 (núm. 95) - Federación de Rusia (Ratificación : 1961)

Further to its previous observation concerning the application of Article 12(1) of the Convention (regular payment of wages), the Committee notes all the comments received from various workers' organizations since its last session, namely: Russian Coal Employees' Union (ROSUGLEPROF), Trade Union Federation of Primorsky Kraï; Federation of Independent Trade Unions of Russia; Education International (EI); Education and Science Employees' Union of Russia (ESEUR); Trade Union Association of the Republic of Karelia; Republican Trade Unions of Workers of Education and Science, Health Care and Culture; Medvezhegorsk District Trade Union of Educational Workers; and Segezha District Trade Union of Health Care Workers.

The Russian Coal Employees' Union (ROSUGLEPROF) indicates that wages have not been paid to miners for three to six months and that social tension has reached a dangerous level in coal-mining regions. The Trade Union Federation of Primorsky Kraï states that wages have not been paid for five or six months and that the total wage debt in the Primotje territory exceeds 800 billion roubles, including 146 billion for energy workers, 115 billion for coal industry workers, 115 billion for budget sector employees, and 75 billion for municipal and communal workers. The Federation of Independent Trade Unions of Russia states, further to its earlier comment, that total wage debts at enterprises of all kinds of ownership reached the sum of 29.3 trillion roubles (US$5.6 billion) by the end of July 1996. The Education International (EI) and Education and Science Employees' Union of Russia (ESEUR) jointly comment on the non-payment and the delay in payment of salaries for employees in the education sector and provided a copy of the letter from the Deputy Minister of Labour concerning the situation of non-payment of wages. According to this letter, the total sum of non-payment of wages as at 20 December 1995 from the federal budget stood at 952.6 thousand million roubles (education: 622.3 thousand million; health: 248.0; culture: 331; mass information resources: 37.2; and social policy: 1.4). The same letter further cites non-payment of wages to workers in the budget sector (in thousand million roubles) in several territories: Mordovian Republic 53.3; Altai kraï 43.4; Astrakhan oblast 6.5; Kurgan oblast 52.5; Nizhegorod oblast 42.0; Novosibirsk oblast 12.2; Orenburg oblast 46.1; Perm oblast 14.7; Tula oblast 13.6; and Nenets autonomous oblast 0.51. The Trade Union Association of the Republic of Karelia points out that wages have not been paid regularly in contravention of section 96 of the Labour Code, and that workers are offered consumer goods to sell so as to keep part of proceeds with them. Cases of non-payment of wages amounting to tens of thousand millions of roubles are also mentioned by the other workers' organizations.

The Committee notes the above information with grave concern, since the situation is too serious to be considered as purely one of transition to market economy. It recalls that the present problem concerns the implementation in practice of the national labour legislation which gives effect to the Convention. Noting that the Government has communicated no observation in response to these comments, the Committee urges the Government to indicate all the measures taken to ensure the regular payment of wages, not only in the sector where wages are paid directly from the federal budget but also in all other sectors by such means as effective supervision, imposition of appropriate penalties to prevent and punish infringements and steps to make good the prejudice suffered. In particular, the Committee asks the Government to include information on any decision made by courts of law or other tribunals concerning the question of regular payment of wages.

The Committee earlier noted the Government's indication that a Bill had been adopted to amend the Labour Code concerning sanctions for violation of the Code, in particular in the case of unpaid or late payment of wages and that a law was adopted in third reading by the Duma (the lower house of Parliament) concerning the compensation paid to the citizens for material loss for unpaid or late payment of wages. It asks the Government to include detailed information on this or similar legislative measures in its report.

In the absence of reply to the previous observation concerning other provisions of the Convention such as: Article 3 concerning the prohibition of payment with promissory notes or coupons; Article 4 concerning the regulation of payment in kind; Article 11 on the treatment of wages as privileged credit in the case of bankruptcy; and Article 15 on the sanctions in case of violation, the Committee requests the Government to indicate measures taken or envisaged to ensure not only the regular payment of wages but also the application of all the provisions of the Convention. It also requests the Government to include, for instance, extracts from official reports that show the number of investigations made, infringements observed and penalties imposed.

[The Government is asked to supply full particulars to the Conference at its 85th Session and to report in detail in 1997.]