Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Administration Convention, 1978 (No. 150) - Russian Federation (Ratification: 1998)

Other comments on C150

Direct Request

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Articles 4 and 9 of the Convention. Organization and operation of the labour administration system. The Committee refers to Decree No. 314 of 9 March 2004 issued by the President of the Federation, amended by Decree No. 295 of 15 March 2005, by virtue of which the Ministry of Public Health and the Ministry of Labour and Social Development have been merged and their functions transferred to the new Ministry of Public Health and Social Development. The Committee draws the Government’s attention to paragraphs 193–195 of its General Survey of 1997 on labour administration, in which it emphasizes the importance of interaction between the different players in the system and of coordinating their actions in order to encourage effective and coherent operation of the system. The Committee again asks the Government to indicate the measures taken to ensure that the labour administration system in the charge of the Ministry of Public Health and Social Development operates efficiently, and that the tasks and responsibilities assigned to it are properly coordinated. It would also be grateful if the Government would provide an up-to-date organizational chart of the labour inspection system indicating, if possible in one of the working languages of the ILO, its components, their duties and how they interrelate, in order to provide an overview of how the system is organized at national and regional levels as well as at central level.

Articles 5 and 6. Consultation, negotiation and cooperation between the public authorities and employers’ and workers’ organizations, and the implementation, monitoring and evaluation of the national labour policy. In its previous comments the Committee noted that, according to the Government, the Tripartite Commission for the Regulation of Industrial Relations and Labour (RTC), established pursuant to Federal Act No. 92-FZ of 1 May 1999, discharges various duties, including the negotiation of a general agreement between the Government and the national federations of workers and employers, and holds consultations on the preparation of draft federal acts concerning social matters and on federal programmes in the fields of labour, employment, migration and social security. Observing that the Government has not replied to its comments on this matter, the Committee once again requests it to indicate the labour administration bodies and institutions that sit on the RTC. It would also be grateful if the Government would provide information on the main components of any general agreement negotiated in the RTC covering the period from 2014–16, and to indicate how the implementation of the general agreements negotiated for 2008–10 and 2011–13 affect the application of the Convention. It also asks the Government to provide further information on the RTC’s role in formulating and implementing policies relating to the labour market, promotion of employment, wages, social security, working conditions, occupational safety and health and social partnership, and to provide extracts of the RTC’s reports, if possible in a working language of the ILO.

The Committee also asks the Government to provide information on the work of the tripartite commissions operating in the constituent units of the Russian Federation, referred to by the Government in its previous report.

Part IV of the report form. Application in practice. In its report, the Government refers to persistent difficulties which, in its view, are undermining the effectiveness of the legislation in practice and severely reducing the capacity of the officials responsible for overseeing the application of labour law. The difficulties are the following: no appropriate systematization of labour law exists, including the legislation on occupational safety and health; legal regulation is vague, in particular there are gaps and inconsistencies in the labour legislation and there is no appropriate conceptual framework on which to base specific rules in the Labour Code, and there are declaratory provisions that afford no specific guarantees; no texts have been adopted to implement the provisions of the Labour Code; and the implementation of the provisions of ratified international labour conventions is inadequate. The Committee requests the Government to provide information on any measures envisaged or taken to overcome these difficulties, if appropriate by seeking technical assistance from the ILO, and on their results. It once again asks the Government to provide copies or extracts of reports or other periodical information compiled by the principal labour administration bodies referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158), if possible in a working language of the ILO.