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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 64. The Committee last examined this case, concerning allegations of
numerous violations of trade union rights, including physical attacks on trade union
leaders; violations of freedom of opinion and expression; Government interference in
trade union matters; refusal by the state authorities to register trade unions; acts of
anti-union discrimination and absence of effective mechanisms to ensure protection
against such acts; denial of facilities for workers’ representatives; violation of the
right to bargain collectively; and the failure of the State to investigate those
violations at its May–June 2013 meeting [see 368th Report, paras 124–130]. On that
occasion, noting the Government’s indication that the Russian Tripartite Commission
(RTK) intended to discuss proposals for improving the legislation and enforcement
procedures as a matter of priority, the Committee requested the Government to keep it
informed of the outcome of these discussions. It once again further requested the
Government to indicate whether the “Proposals for the resolution of the issues raised in
the complaint” had been discussed by the RTK, pursuant to the October 2011 agreement
between the Government and its social partners. As regards the issue of trade union
leaflets included in the list of extremist material, for containing such slogans as “let
those who caused the crisis pay for it”, “fight substandard employment”, and “we demand
our night shift pay”, the Committee once again urged the Government to take the
necessary measures, without delay, in order to remove the trade union leaflets in
question from the list of extremist literature and to ensure that this does not happen
again.
- 65. By a communication dated 1 November 2013, the Government informs that
the Committee’s recommendations were examined by the Ministry of Labour on 11 January,
1 March and 17 April 2013 and further discussed by the RTK. On the basis of that
discussion, on 31 July 2013, the parties agreed: (1) to propose to the Ministry of
Labour to establish a working group involving the social partners to analyse the
Committee’s recommendations and finalize the proposals to improve the legislation and
law enforcement producers; (2) to propose to the RTK to submit proposals on the
improvement of the legislation and law enforcement producers to the Ministry of Labour;
and (3) to consider it appropriate to take into account information on the results of
the work of the abovementioned group at the RTK meetings.
- 66. The Government points out that the programme of cooperation between
the Russian Federation and the ILO for 2013–16 includes such priorities as the promotion
of international labour standards and strengthening of social dialogue. In this respect,
the Supreme Court of the Russian Federation and the Office of the Prosecutor-General
supported the idea of training on international labour standards, in particular those
relating to freedom of association.
- 67. As regards the issue of trade union leaflets included in the list of
extremist material, the Government reiterates that this occurred following a court
decision, that the period for appeal of the court ruling has now expired, and that there
are therefore no grounds to exclude the leaflets from the list of extremist
material.
- 68. By a communication dated 9 April 2015, the Confederation Labour of
Russia (KTR), complainant in this case, indicates that in addition to measures described
by the Government as reflected above, no other concrete measures have been taken to
implement the Committee’s recommendations and that the examination of this question by
the RTK has been postponed on several occasions and is currently scheduled for June
2015. With regard to the trade union leaflets, the KTR indicates that no measures have
been taken by the Government in order to remove the trade union leaflets in question
from the list of extremist literature, despite the fact that both the Prosecutor-General
and the President of the Supreme Court have the power, under the legislation in force,
to reopen the case.
- 69. The Committee notes the information provided by the Government and
the complainant. In general, the Committee deeply regrets that its 2012 recommendations
appear to be still at the stage of examination and development of proposals; this is
despite the concrete proposals for addressing the issues raised in the complaint made by
the two major trade union centres in the country and supported by the Government and the
employers’ organization during the visit of an ILO technical mission to the country in
October 2011. It further deeply regrets that, despite its persistent requests, the
Government took no measure to ensure that the trade union leaflets in question are
removed from the federal list of extremist literature. The Committee expects that the
Government will give effect to the Committee’s recommendations set out above without
further delay. Welcoming the interest expressed by the Government in training on
international labour standards for judges and prosecutors, the Committee trusts that the
necessary steps to that end will be taken by the Government in collaboration with the
Office.