Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Fédération de Russie (Ratification: 2014)

The Committee notes the observations of the Confederation of Labour of Russia (KTR), transmitted by the Government with its 2022 report, and the Government’s response thereto.

Part I and Part IV of the report form. Legislative developments. Application of the Convention. In its report, the Government indicates the measures adopted during the reporting period that affect the application of the Convention: (i) the General Agreement between All-Russian Trade Union Associations, All-Russian Employers’ Associations and the Government of the Russian Federation for 2021–23; and (ii) the Resolution of the Government of the Russian Federation No. 567-r of 21 March 2022 on Approval of the Action Plan of the Government of the Russian Federation for the Implementation of the General Agreement between All-Russian Trade Union Associations, All-Russian Employers’ Associations and the Government of the Russian Federation for 2021–23. The Government further indicates that no cases of non-compliance with the Convention have been identified in judicial practice. The Committee requests the Government to continue to provide updated information on the manner in which the Convention is applied in practice, in particular, to indicate how the General Agreement for 2021–23 and the Resolution of the Government No. 567-r of 21 March 2022 impact the application of the Convention.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government regarding the tripartite consultations on matters covered by Article 5(1) of the Convention. The Government indicates that, pursuant to paragraph 7.14 of the General Agreement for 2021–23, the parties are required to hold consultations on the possible proposals for ratification of international instruments, including on ILO Conventions specified under Appendix No. 4 of the above Agreement, and the Tripartite Commission on Social and Labour Relations (RTK) is mandated to consider the issues relating to their ratification. The Government’s report lists the ILO Conventions that form part of Appendix No. 4. In addition, it reiterates that the social partners, jointly with the Government, draw up and approve the RTK’s work plans every six months. In response to the KTR’s observations concerning differing views between the Government and workers’ organizations in the RTK on the possibility of ratifying certain ILO Conventions, the Government reiterates that paragraph 7.14 does not require the parties to ratify ILO Conventions under Appendix No. 4, but rather to hold consultations on such a possibility. Moreover, it adds that certain Conventions were included in Appendix No. 4 at the insistence of the social partners. The Government further reports that consultations were held by the RTK working group on the development of the social partnership on (i) potential ratification of unratified Conventions, in December 2021 and March 2019; (ii) draft reports on the application of ratified Conventions, in September 2021; and (iii) draft reports on the application of the Convention, in September 2022. With regard to further allegations of the KTR concerning: (i) the late submission of reports (questionnaires) on unratified Conventions to the RTK, the Government indicates that there were no delays in this regard and that its report was forwarded to the ILO by the required deadline of 28 February 2022, and that workers’ and employers’ organizations were allowed to submit their observations by 30 June 2022; (ii) the absence of discussions within the RTK on proposals to denounce ratified Conventions, the Government indicates that it did not make any such proposals during the reporting period; and (iii) the need to improve the work of the working group of the Ministry of Labour established by the Order of the Ministry of Labour No. 767 of 18 November 2013 to analyse the recommendations of the ILO Governing Body in relation to the existing complaints (Cases Nos 2758, 2216 and 2251), the Government indicates that consideration of such recommendations is included in the RTK plan for the second half of 2022 and will follow up on discussions held in March 2019, March 2018, January 2017 and December 2016. Finally, in its report, the Government also responds to other allegations of the KTR, which do not, however, have a direct bearing on the Convention. The Committee requests the Government to continue to provide detailed information on the content and nature of the tripartite consultations held on all matters concerning international labour standards covered by Article 5(1) of the Convention and, in particular, on the outcome of tripartite consultations held under the General Agreement for 2021–23 as well as those related to the recommendations of the ILO Governing Body in relation to the existing complaints (Cases Nos 2758, 2216 and 2251). Furthermore, noting that the Government has not provided information on how effect is given to the obligation to hold consultations on all the matters listed by Article 5(1) at least once a year, the Committee reiterates its request to the Government to aim to fix by tripartite agreement the time intervals for holding the required consultations.

Article 4(2). Training. The Committee previously requested the Government to provide information on the arrangements for the financing of any necessary training of participants in the consultative procedures. The Government refers to subparagraph 1 of the Procedure for Ensuring the Activities of the Tripartite Commission for the Regulation of Social and Labour Relations, approved by the Government’s resolution No. 1229 of 5 November 1999, pursuant to which the activities of the RTK shall be ensured by the Government, without financial participation of social partners. In response to the allegations of the KTR that the Government does not take any measures to train employees’ and employers’ representatives on the consultation procedures, the Government observes that the Convention does not explicitly require it to provide such trainings. Furthermore, it points out that the KTR has not raised this issue previously and that, accordingly, it has not been discussed by the parties to the social partnership. The Government also indicates that, pursuant to general agreements concluded between social partners over the previous 10 years, it was obliged to provide partial funding for the Academy of Labour and Social Relations and the St Petersburg Humanities University of Trade Unions. These institutions train trade unions in the area of social and labour relations and provide the representatives of trade unions and employers’ associations with the possibility to study and defend their theses in these areas. Recalling thatArticle 4 of the Convention requires participants in the consultation procedures covered by the Convention to have access to any training needed to enable them to duly discharge their duties and requires appropriate arrangements to be made between the tripartite actors for the financing of such trainings, the Committee asks the Government to provide further information on measures taken with a view to establishing such arrangements.