Social Security (Minimum Standards) Convention, 1952 (No. 102) - Russian Federation (Ratification: 2019)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the observations of the Confederation of Labour of Russia (KTR), received on 31 August 2023.

Part II (Medical care), Article 10(1)(a)(iii) and (2) of the Convention. Essential pharmaceutical supplies. The Committee notes the KTR’s observations pointing out the issues of access to medicines for the general population. More particularly, the KTR indicates that only persons who receive in-patient treatment, as well as hospitalized persons, are entitled to medicines free of charge. However, persons undergoing outpatient treatment have to bear the total cost of medicines, except for limited groups of the population who benefit from partially or fully subsidized medicines. In this respect, the Committee notes that the Government’s Decree of 30 July 1994 No. 890 determines the categories of individuals and types of diseases qualifying for free or discounted medicines in case of outpatient treatment.

The Committee recalls that as per Article 10(1)(a)(iii) and (2) of the Convention, the rules concerning cost-sharing for medical care benefits, including the essential pharmaceutical supplies as prescribed by medical or other qualified practitioners, shall be so designed as to avoid hardship for all persons protected. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the provision of essential pharmaceutical supplies to persons protected who undergo outpatient treatment and are not covered by the Government’s Decree of 30 June 1994 No. 890 does not involve financial hardship.

Article 10(1) and (2), in conjunction with Article 68. Equality of treatment of non-national residents. The Committee notes the KTR’s observations indicating that, as of 1 January 2023, foreigners who temporarily stay and work under an employment contract in Russia are covered by the mandatory medical insurance. The KTR further indicates that, unlike Russian citizens, such foreigners may receive medical care benefits free of charge only if their employers have paid social insurance contributions for at least three years.

The Committee recalls that non-national residents shall have the same rights as national residents as per Article 68(1) of the Convention. The Committee requests the Government to provide more detailed information on the provision of medical care benefits listed in Article 10(1) of the Convention to foreigners temporarily staying and working under an employment contract in Russia if their employers have paid social insurance contributions for them for less than three years. In particular, please indicatethe rules concerning cost-sharingfor medical care benefits.

Part II (Medical care), in conjunction with Article 71(3). General responsibility of a State for the due provision of the benefits. The Committee notes that in its report, the Government provides information concerning the rules for funding of medical care established by the Programme of State Guarantees of Free Medical Care (Programme) (Government’s Decree No. 2497 of 2022). According to the Programme, the regions of Russia shall determine medical care costs based on various factors, including population morbidity and density, demographics, and accessibility and availability of medical facilities. Additionally, the Government indicates that persons who live in remote and rural areas are provided with primary and specialized medical care by mobile medical teams.

The Committee notes the KTR’s observations indicating regional disparities in medical care access and a persistent shortage of doctors and medical personnel. While acknowledging positive dynamics since 2016, the KTR indicates a deficit of 26,451 doctors and 58,268 medical personnel as of 2022. The KTR points out inadequacies in work organization and low remuneration of doctors and medical personnel, as well as the need for renewal of medical equipment, particularly in public medical facilities.

Recalling that as per Article 71(3) of the Convention, the State accepts general responsibility for the due provision of the benefits provided in compliance with the Convention, including medical care benefits, the Committee requests the Government to provide information on the measures taken or envisaged to ensure the provision of quality medical care in a timely manner to all persons protected. The Committee once again requests the Government to provide data on: (1) the number of health and medical personnel per population; (2) the number of state and municipal healthcare facilities per population; and (3) the waiting time for patients to receive general practitioner care and specialist medical care, including high technology medical care. Please provide the requested data disaggregated by regions.

Part V (Old-age benefits), Article 26, in conjunction with Article 29(2)(a). Entitlement conditions. The Committee previously noted that, according to section 8(2)(3) of the Federal Law of December 28, 2013, No. 400-FZ “On insurance pensions”, to be entitled to an old-age insurance-based pension, a person shall have at least 15 years of insurance and 30 individual pension points (28.2 individual pension points in 2024 as per the transitional provisions). The Committee observed that workers with low earnings would not acquire 30 individual pension points after 15 years of contribution, due to the low amount of social insurance contributions paid.

The Committee notes the Government’s information on the number of individual pension points (61,643) acquired by the standard beneficiary earning 52,099 Russian rubles per month after 15 years of contribution.

The Committee recalls that as per Article 29(2)(a) of the Convention, a reduced old-age benefit shall be secured at least to a person protected who has completed a qualifying period of 15 years of contribution or employment. The Committee points out that all persons protected, particularly those who earn less than the standard beneficiary, shall be provided with a reduced old-age pension already after 15 years of contribution or employment without the imposition of additional entitlement conditions. The Committee therefore reiterates its request to the Government to specify the number of individual pension points acquired by persons protected earning the minimum wage after 15 years of insurance, and whether they would be entitled to an old-age insurance-based pension.

Article 28(a), in conjunction with Article 65. Replacement rate of old-age benefits. The Committee observes from the Government’s calculations that the total amount of old-age pension (32,867 rubles) for the standard beneficiary includes an old-age insurance-based pension (13,949 rubles) provided after 30 years of insurance; a fixed payment to the old-age insurance-based pension (6,947 rubles); and a social old-age pension provided to the standard beneficiary’s dependent wife increased up to the minimum subsistence level (11,970 rubles). The Committee further observes that the total amount of the old-age pension constituted by adding these three components represents 63 per cent of the reference wage of a skilled manual male employee (52,099 rubles) determined according to Article 65(6)(a) of the Convention for 2022. The Committee further observes that the replacement rate of the old-age pension without adding a social old-age pension provided to the standard beneficiary’s dependent wife (20,897 rubles) would amount to 40.1 per cent of the reference wage, which is slightly higher than the 40 per cent of the replacement rate required by Article 65 of the Convention.

The Committee notes the KTR’s observations pointing out that the average level of old-age pensions remains extremely low (20,867.50 rubles in 2022), as well as the shortcomings of the current pension formula, which is not directly based on the length of service and average earnings over the last years of work. The Committee requests the Government to continue to provide information on the replacement rate of old-age pensions in accordance with Articles 28 and 65 of the Convention.

Part VI (Employment injury benefits), Article 33. Scope of coverage. Application in practice. The Committee previously noted that persons who conclude a civil contract but are, in fact, in an employment relationship, and those who work without an employment contract, have difficulties in accessing employment injury benefits.

The Committee notes that the Government indicates that the payment of benefits due to work accidents or occupational diseases directly depends on the insurer’s (employer) proper actions to inform the Social Fund of the existence of labour relations with an employee as well as other relevant information. The Government further indicates that work is being carried out to implement the Plan of Measures to Reduce Shadow Employment and Legalize Labour Relations for 2022–24 at the federal and regional levels.

The Committee requests the Government to provide information on the measures taken, including within the framework of the Plan of Measures to Reduce Shadow Employment and Legalize Labour Relations for 2022–2024, to ensure the provision of benefits due to work accidents and occupational diseases to injured workers or their dependants whose employment contract has not been properly concluded. The Committee further requests the Government to provide information on the penalties imposed on employers for not reporting workers to the Social Fund and/or not paying social insurance contributions. Please indicate any cases in which injured workers whose employment contract has not been properly concluded have been entitled to benefits due to work accidents or occupational diseases, as provided by the Resolution of the Supreme Court No. 2 of 10 March 2011.

Article 71(3). General responsibility of a State for the due provision of the benefits. The Committee takes note of the information provided by the Government on the social insurance scheme.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government’s first report, and also the observations of the Federation of Independent Trade Unions of Russia (FNPR), communicated with the report, and of the Confederation of Labour of Russia (KTR), received on 31 August 2021.

Part II (Medical care) of the Convention. Application in practice. The Committee takes note of the information provided by the Government in its report and of the provisions of the legislation that give effect to Part II of the Convention. The Committee further notes the observations of the KTR pointing out that underfinancing of healthcare facilities affects the provision of medical care in a timely manner. The KTR further indicates that the availability of free medical care depends on the financial wealth of the regions in Russia. In particular, the shortage of medical personnel and medical equipment as well as lack of healthcare facilities are observed in the “poor” regions, including rural areas. The Committee requests the Government to provide data on the number of health and medical personnel per population, as well as the number of state and municipal healthcare facilities in the country. The Committee further requests the Government to provide information on the waiting time for patients to receive general practitioner care andspecialist medical care, including high technology medical care. It also requests the Government to provide information on measures taken or envisaged to ensure access to free medical care in rural and remote areas.

Part V (Old-age benefits), Article 26, in conjunction with Article 29(2)(a). Entitlement conditions. The Committee notes that according to section 8(2)(3) of the Federal Law of December 28, 2013, No. 400-FZ “On insurance pensions” (Federal Law No. 400-FZ), to be entitled to an old-age insurance-based pension, a person shall have at least 15 years of insurance and 30 individual pension points (18,6 individual pension points in 2020 as per the transitional provisions). The Committee observes from section 15 of Federal Law No. 400-FZ that the total number of individual pension points depends, amongst others, on the paid amount of social insurance contributions. The Committee further notes from the information provided by the Government that the standard beneficiary, who earns 41,625 RUB determined according to Article 65(6)(a) for 2020, would acquire 61 individual pension points after 15 years of insurance.

The Committee recalls in this respect that as per Article 29(2)(a) of the Convention, 15 years of contribution or employment is a minimum qualifying period after which a person protected shall be entitled to a reduced old-age benefit. The Committee observes that unlike the standard beneficiary, workers with low earnings, including those earning the minimum wage (12,130 RUB in 2020), would not acquire 30 individual pension points after 15 years of contribution, due to the low amount of social insurance contributions paid and, therefore, would not be entitled to an old-age insurance-based pension after 15 years of insurance.

Recalling that Article 29(2)(a) requires the provision of a reduced old-age pension already after 15 years of contribution or employment without allowing for the imposition of additional entitlement conditions, the Committee requests the Government to indicate the number of individual pension points acquired by persons protected earning the minimum wage after 15 years of insurance, and whether they would be entitled to an old-age insurance-based pension.

Article 28(a), in conjunction with Article 65. Replacement rate of old-age benefits. The Committee observes from the Government’s calculations that the total amount of old-age pension (26,289 RUB) for a standard beneficiary includes an old-age insurance-based pension (11,362 RUB) provided after 30 years of insurance; a fixed payment to the old-age insurance-based pension (5,687 RUB); and a social old-age pension provided to the standard beneficiary’s dependent wife increased up to the minimum subsistence level (9,240 RUB). The Committee further observes that the total amount of the old-age pension constituted by adding these components represents 63 per cent of the reference wage of a skilled manual male employee (41,625 RUB) determined according to Article 65(6)(a) of the Convention for 2020.

The Committee also notes the observations of the KTR, pointing out the low level of average old-age insurance-based pensions which, it is alleged, put many pensioners at risk of poverty. The Committee further notes the observations of the FNPR indicating that the calculations of the replacement rates of pensions should reflect an individualized assessment of pension rights without considering support measures provided to the beneficiary’s family members. In this respect, the Committee observes that the replacement rate of the old-age pension without adding a social old-age pension provided to the standard beneficiary’s dependent wife (17 049 RUB) would amount for 40.95 per cent of the reference wage which is slightly higher than 40 per cent of the replacement rate required by Article 65 of the Convention. The Committee requests the Government to continue to provide information on the replacement rate of old-age pensions in accordance with Articles 28 and 65 of the Convention.

Part VI (Employment injury benefits). (i) Article 33. Scope of coverage. The Committee notes the observations of the KTR indicating the widespread practice of concluding civil contracts with persons who are in fact in an employment relationship. The KTR further indicates that such workers are often not covered by social insurance in case of employment injury since the Federal Act of 24 July 1998, No. 125-FZ, on “Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” (Federal Law No. 125-FZ) covers only workers under employment contracts (section 5 (1)). The Committee requests the Government to provide information on measures taken or envisaged to ensure that persons who are in an employment relationship de facto have effective access to employment injury benefits.

(ii) Article 33, in conjunction with Article 68. Coverage of non-national residents. The Committee notes that Federal Law No. 125-FZ establishes the mandatory coverage of Russian citizens, foreign citizens and stateless persons who work under an employment contract (section 5). The Committee further notes the observations of the KTR alleging the existence of a practice of the Social Insurance Fund of refusing employment injury benefits to foreign nationals who have illegally entered into labour relations with an employer. Recalling thatnon-national residents shall have the same rights as national residents under Article 68 of the Convention,the Committee requests the Government to provide information on the provision of benefits in case of employment injury to foreign nationals in irregular employment.

Article 71(3). General responsibility of a State for the due provision of the benefits. The Committee notes that in its observations, the FNPR refers to the remaining issues of the application of the social insurance principles in the Russian pension system which may result in future in the reduction of the level of protection provided by the Convention. In this regard, the FNPR proposes the elaboration of a road map on the implementation of the Convention which can be discussed by the Russian Trilateral Commission on the Regulation of Social and Labour Relations. According to the FNPR, the road map should focus on various issues, including, for example, a gradual increase in the minimum wage which would ensure the minimum level of protection by social security benefits; the reduction of the informal sector of the economy; the strengthening by means of law of the correlation between social security benefits levels and wage levels; and the actuarial justification of social insurance contributions rates. Recalling that according to Article 71(3) of the Convention, the State accepts general responsibility for the due provision of the benefits provided in compliance with the Convention, and that it shall take all measures required for this purpose, the Committee requests the Government to provide its comments on the proposal made by the FNPR concerning the possibility of elaborating of a road map to enable social dialogue on the above mentioned issues, in the context of the implementation of the Convention.