Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

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

Article 12 of the Convention and Part V of the report form. Regular payment of wages – The wages arrears situation. Further to its previous comments concerning the outstanding wage debt and persistent practices of delayed payment of wages, the Committee notes the Government’s updated account according to which in July 2012, the overall amount of wage arrears stood at 1.9 billion rubles (RUB) (approximately €49.3 million), as compared to 3.2 billion in June 2010. The Government indicates that despite a steady decline at the national level, wage arrears in a number of regions frequently increase. The Committee understands that problems of non-payment or delayed payment of wages are principally experienced in manufacturing and, to a lesser extent, in agriculture and the transport and construction sectors. The Committee observes that, even though significantly reduced in recent years, the total sum of unpaid wages remains a source of concern affecting thousands of workers and most branches of economic activity. The Committee therefore requests the Government to continue to closely monitor the wage arrears situation, to take targeted action for the containment and progressive elimination of wage arrears in those sectors mostly affected by back wages and to communicate detailed statistical information on any further developments in this regard.

Legislative developments. The Committee notes the adoption of Federal Act No. 382-FZ of 23 December 2010 amending the Criminal Code with a view to strengthening the penal sanctions for those failing to pay wages on time and in full. It notes, in particular, that persons liable for non-paying wages in full for a period of two months or more may be subject to a fine of up to RUB500,000 (approximately €12,200) or imprisonment for up to three years. Moreover, the Committee notes with interest the ratification by the Russian Federation in August 2012 of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), which aims at enhancing the protection of workers’ service-related claims in the event of bankruptcy or insolvency of the employer. The Committee recalls that the acceptance of the obligations of Part II of Convention No. 173 providing for the protection of workers’ claims by means of a privilege involves ipso jure the termination of the obligations under Article 11 of Convention No. 95. Recalling that the Government had previously indicated that it was planning in consultation with employers’ and workers’ organizations to develop a system of economic measures to guarantee workers’ wage claims in case of insolvency of the enterprise, including the establishment of a compensation mechanism, the Committee requests the Government to specify any concrete steps which may have been agreed upon or taken for the establishment of a guarantee institution.

Supervision and sanctions. The Government reports that in the period January–June 2012, labour inspection services carried out approximately 26,000 verifications of employers’ compliance with legislation on labour remuneration, and as a result, outstanding wages exceeding RUB2.1 billion (approximately €51 million) were paid to 160,000 workers, fines were imposed on 12,422 officials and 3,439 legal entities, while criminal proceedings were initiated in 13 cases. The Committee requests the Government to continue to provide up to date statistics on labour inspection results, sanctions imposed and wage sums recovered.