Dock Work Convention, 1973 (No. 137) - Russian Federation (RATIFICATION: 2004)

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The Committee notes the observations of the Confederation of Labour of Russia (KTR), received on 31 October 2017. The Committee requests the Government to provide its comments in this respect.

Article 1(2) of the Convention. Definition of dockworkers. Consultations. The KTR observes that “dock engineer working within an interdisciplinary team” is not covered by the definition of “dockworker” under the national legislation. The Committee requests the Government to provide information on the different occupational categories covered by the definition of “dockworker” and to indicate whether a revision to include “dock engineer working within an interdisciplinary team” is contemplated. If so, please indicate the manner in which the organisations of employers and workers concerned are consulted or otherwise participate in the establishment and revision of such definition, as required under Article 1(2) of the Convention.

Articles 2 and 3. Policy to encourage permanent or regular employment. Registers. The Committee notes the brief report provided by the Government in reply to its previous comments. The Government indicates that, following the procedure established in section 16(1) of the Government Decree No. 324 of 30 June 2004, the Federal Labour and Employment Service maintains a register of persons and employers receiving government employment services. The Committee notes, however, that according to the KTR, there are no regulations governing the establishment and maintenance of registers for all occupational categories of dockworkers. The KRT adds that the absence of such registers deprives dockworkers, including dock engineers, of the right to priority of engagement for dock work as provided in Article 3(2) of the Convention. The KRT observes that, as a result of the absence of registers, there has been an upsurge in the Russian ports in the number of employment agencies that hire out dockworkers to carry out loading and unloading. Those who work for such agencies are usually either regular dockworkers who have been dismissed for disciplinary offences, found unfit for work, or persons without dock work experience. The KTR adds that, according to section 18(1) of the Employment Act and Chapter 53-1 of the Labour Code, there is no restriction on the temporary assignment of workers to perform dock work, contrary to Article 2(1) of the Convention. The Dockers’ Union of Russia, a member organization of the KTR, expresses the view that this practice of hiring dockworkers out to other employers under temporary arrangements compromises workers’ guarantee of employment; their health and safety, skills and productivity; as well as the integrity of equipment and machinery. The KTR observes that the number of regular dockworkers is decreasing while the number of temporary dockworkers recruited by employment agencies is increasing. In light of the observations made by the KTR, the Committee requests the Government to provide information on the measures taken or envisaged to encourage the provision of permanent or regular employment for dockworkers (Article 2(1) of the Convention). The Committee further requests the Government to provide information on the manner in which it is ensured that registers are established and maintained for all occupational categories of dockworkers as required under Article 3(1). It also requests the Government to provide information on the manner in which registered dockworkers are assured priority of engagement for dock work (Article 3(2)). Finally, the Committee requests the Government to supply up to date comparative statistical data on the number of dockworkers in the country, disaggregated by age and sex, including the number of temporary or casual dockworkers (Part V of the report form).

Article 5. Cooperation between employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to describe the arrangements for cooperation between employers’ and workers’ organizations in improving the efficiency of work in ports, and the participation, if any, of the competent authorities in these arrangements. The Committee notes that the Government does not provide information in this regard. The Committee therefore reiterates its requests that the Government describe the arrangements for cooperation between employers’ and workers’ organizations in improving the efficiency of work in ports, and the participation, if any, of the competent authorities in these arrangements.

Article 6. Vocational training. In its previous comments, the Committee requested the Government to provide specific information on the manner in which vocational training provisions apply to dockworkers. The Committee observes that the Government does not provide information in this regard. In its observations, the KTR points out that employers or ports hiring dockworkers are not required to provide them with training. It further indicates that when such training is provided by the employment agencies, it does not meet the applicable requirements for dockworkers and dock engineers. The Committee once again requests the Government to provide specific information on the manner in which vocational training provisions are applied to dockworkers.

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Articles 2 and 3 of the Convention. Policy to encourage permanent or regular employment. Registers. The Committee notes the Government’s report received in September 2012 in which it indicates that dockworkers are provided with regular employment. The Government further indicates that employment services organized in accordance with the Act on Employment of the Population maintain registers for all categories of workers, including dockworkers. Employment agencies are established in individual ports and persons are hired to work in the port exclusively through a given agency. The Government adds that a dockworker placed through an employment agency is guaranteed work corresponding to his or her qualifications. The Committee invites the Government to provide information on its national policy to encourage all concerned to provide regular employment to dockworkers. It also invites the Government to provide further information on the manner in which the employment agencies operate and maintain registers for all occupational categories of dockworkers. The Committee would also welcome information on the manner in which registered dockworkers are assured priority of engagement for dock work and are required to make themselves available for work. Please also provide information on the numbers of dockworkers and variations in their numbers during the period covered by the next report (Part V of the report form).

Article 5. Cooperation between employers’ and workers’ organizations. In its report, the Government states that no information was available on the cooperation between employers’ and workers’ organizations in improving the efficiency of work in ports. As required by the Convention, the Committee invites the Government to describe the arrangements for cooperation between employers’ and workers’ organizations in improving the efficiency of work in ports, and the participation, if any, of the competent authorities in these arrangements.

Article 6. Vocational training. The Committee notes the list provided in the Government’s report of rules and regulations regarding occupational safety and health and vocational training. The Committee invites the Government to provide specific information on the manner in which vocational training provisions apply to dockworkers.

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Part V of the report form. The Committee notes the brief report supplied by the Government in January 2007. The Government indicated that the executive agency for the application of the Convention is the Federal Maritime and River Transport Agency. This agency participated in the conclusion of sectoral wage agreements for the organization of the maritime transport for the period 2006–09. The Committee recalls the importance of first reports in facilitating an examination of the application of ratified Conventions. It, therefore, requests the Government to make a special effort when preparing its next report and to provide, in respect of each of the provisions of the Convention, all the information required by the report form including indications on the results achieved at the tripartite level in improving the efficiency of work in ports.