Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Fédération de Russie (Ratification: 1956)

Comments of the ITUC. The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008 alleging acts of interference by employers in trade union internal affairs and their refusal to bargain collectively. It requests the Government to provide its observations thereon, as well as on the 2006 comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC) raising the same issues.

Articles 1, 2, 3 and 4 of the Convention. The Committee notes the Government’s report and regrets that it does not provide a reply either to the previous comments of the ICFTU or to the Committee’s previous observation. The Committee requests the Government to provide its observations on all outstanding comments.

The Committee recalls that it had requested the Government to:

–      specify the concrete sanctions imposed on employers found guilty of anti-union discrimination and to mention the relevant provisions;

–      specify the sanctions imposed for acts of interference by workers’ or employers’ organizations or their agents in each other’s affairs, particularly in the establishing, functioning and administration of the organizations, and to indicate the relevant legislative provisions;

–      amend section 31 of the Labour Code so as to ensure that it is clear that it is only in the event where there are no trade unions at the workplace that an authorization to bargain collectively can be conferred to other representative bodies;

–      take the necessary measures so as to ensure that the legislation provides for a possibility to conclude an agreement at the occupational or professional level;

–      provide further information on the practical application of sections 402 and 403 of the Labour Code and 6(7) of the Law on collective labour disputes, which seem to impose compulsory arbitration in services which are neither essential in the strict sense of the term, nor involve civil servants exercising authority in the name of the State;

–      provide examples of collective agreements applicable to civil servants and civil employees of the military service and the system of execution of penal sentences.

The Committee notes that the Government reiterates that the Ministry of Health and Social Development, together with the social partners, had engaged in work to amend specific legislative acts so as to bring them into conformity with the recommendations of the ILO and that a working group involving most representative social partners was created to that effect in 2008.

The Committee hopes that the Government’s next report will contain precise information on the above issues. It also hopes that the work of the abovementioned working group will result in the near future in legislative reform that will take into account its previous comments and requests the Government to indicate any further developments in this respect. The Committee reminds the Government that it can avail itself of the technical assistance of the Office if it so wishes.