Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Convention (n° 95) sur la protection du salaire, 1949 - Fédération de Russie (Ratification: 1961)

With reference to its observation concerning the comments made by the Trade Union Council of the Republic of Karelia, the Committee wishes to come back to certain further points.

Article 3, paragraph 2, in connection with Article 6, of the Convention. The Government states that enterprises may pay wages through savings banks or by bank cheque or make partial payments in kind. Under the Convention, payment by bank cheque or postal cheque or money order may be permitted or prescribed only in cases in which payment in this manner is customary or is necessary because of special circumstances. The Committee requests the Government to indicate whether such a form of payment is customary in the industries concerned and what special circumstances, inherent to the work relationships in question, necessitate this form of payment of wages.

Please also indicate whether in cases of payment of wages to savings banks the freedom of the worker to dispose of his wages, as foreseen under Article 6, is guaranteed to full extent and at any time.

Article 4, paragraph 1. According to the Government, enterprises may make partial payment of wages in kind. The Committee asks it to indicate the national laws or regulations, collective agreements or arbitration awards authorizing such payment. Please also indicate the industries or occupations in which such payment is customary or desirable because of the nature of the industry or occupation concerned, in accordance with this provision of the Convention. The Committee further requests the Government to indicate what measures, in accordance with paragraph 2, have been taken to ensure that:

(a) such allowances are appropriate for the personal use and benefit of the worker and his family; and

(b) the value attributed to such allowances is fair and reasonable.

Article 8. With respect to the index-linking of deposited wages, the Committee requests the Government to indicate whether, through the indexing of deposited wages in its present form, this may eventually lead to an indirect deduction from the wages due to the worker. If such deductions occur, in what manner are the workers informed, in accordance with paragraph 2, of the conditions under which and the extent to which such deductions are being made?

Article 11. The Committee notes that, according to section 30 of Presidential Decree No. 623 of 14 July 1992, this Decree was to remain in force only until the adoption of an Act respecting insolvency (bankruptcy) of enterprises, which has been enacted on 19 November 1992 and comes into force on 1 August 1993. It notes that under section 30, subsection 2 of this Act, wages have a relative priority over certain other debts in a bankruptcy procedure, but only after the cost of the bankruptcy procedure and of the receiver, the cost of the operation of the bankrupt enterprise and after the payment of obligations to persons who have suffered injury to their health or lives. In this respect, the Committee would be grateful if the Government would clarify whether the "cost of the operation of the bankrupt enterprise", to be given preference over the workers' wages, is limited to the period after the declaration of bankruptcy or whether it also includes costs incurred before the bankruptcy procedure.