Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Labour Inspection Convention, 1947 (No. 81) - Russian Federation (Ratification: 1998)

The Committee notes the Government’s reports, the documents attached in the annex and the annual reports of the Federal Labour Inspectorate for 1999, 2000 and 2003. Noting in particular the provisions of Federal Act No. 197-FZ of 30 December 2001 concerning the new Labour Code; Act No. 181-FZ of 17 July 1999 concerning the foundations of labour protection; Decree No. 78 of 28 January 2000 on the Federal Labour Inspectorate; and Decree No. 65 of 29 February 2000 on the State Labour Inspectorate, the Committee would be grateful if the Government would communicate a copy of Ministry of Labour and Social Development Orders No. 1035 of 9 September 1999; No. 73 of 24 October 2002; No. 909-K and No. 378-RK of 29 October 1999; No. 65 of 29 February 2000; No. 143 of 9 July 2002; and Act No. 53-FZ of 20 May 2002, and to provide information in its report regarding the substance of the provisions of each of these texts. The Committee also requests the Government to provide additional information on the following points.

Article 2 of the Convention. The Committee notes in particular that, under sections 366 and 367 of the Labour Code, the labour inspectorate is not competent for monitoring safety standards in certain activities, such as mining and quarrying activities and activities in electrical installations. The Committee would be grateful if the Government would indicate the competent bodies in these areas.

Article 5. The Committee would be grateful if the Government would communicate detailed information on the bilateral cooperation agreements concluded by the Federal Labour Inspectorate.

Article 8. Please state the proportion of women within the labour inspection staff at all levels of responsibility and indicate, where appropriate, the special tasks assigned to men and women inspectors respectively.

Articles 10 and 21(c). The Committee would be grateful if the Government would indicate the geographical distribution of labour inspectors, as well as the number of workplaces liable to inspection and the number of persons occupied therein.

Article 11. The Committee requests the Government to indicate the distribution of vehicles among the various regional inspection offices and to communicate to the ILO the text of Order No. 148 of the Ministry of Labour and Social Development of 5 June 2000 concerning the reimbursement to labour inspectors of travel expenses incurred in the performance of their duties.

Article 12, paragraph 1(a). The Committee requests the Government to state whether, as prescribed by this provision, labour inspectors are authorized to enter at night workplaces liable to inspection, even outside the normal hours of work of those workplaces.

Article 12, paragraph 1(c)(i). The Committee requests the Government to state whether the investigative powers conferred on inspectors by section 357(2) of the Labour Code also include that of interrogating either alone or in the presence of witnesses the employer or the staff of the undertaking on any matters relating to the labour inspection visit.

Article 12, paragraph 1(c)(iii). The Committee requests the Government to state the manner in which effect is given to this provision of the Convention under which labour inspectors may enforce the posting of notices required by the legal provisions.

Article 14. The Committee requests the Government to specify the exact provisions under which the labour inspectorate is notified of industrial accidents and cases of occupational disease.

Article 15. Emphasizing that the impartiality and independence of labour inspectors are prerequisites for the effective performance of their duties, the Committee would be grateful if the Government would state the legal provisions under which labour inspectors are prohibited from having any direct or indirect interest in the undertakings under their supervision (paragraph (a)).

From the Committee’s point of view, the second paragraph of section 358 of the Labour Code, which limits the obligation of discretion imposed on the inspector to the complainant’s decision, is contrary to the spirit and letter of paragraph (c) of the abovementioned Article of the Convention. Indeed, the absolute character of confidentiality regarding the source of complaints, and the prohibition on revealing to the employer or his representative that the inspection visit is being undertaken as the result of a complaint, should be lifted only in exceptional cases which may be provided for by the legislation. The Committee draws the Government’s attention to its detailed exposition of the matter in paragraphs 201-203 of its 1985 General Survey on labour inspection and requests it to adopt measures aimed at bringing the legislation into conformity on this point and to keep the ILO duly informed.

Article 16. The Committee would be grateful if the Government would provide information concerning the types of workplace and other criteria taken into consideration for determining the frequency of inspection visits.

Article 18. The Committee would be grateful if the Government would send a copy of any text adopted to apply sections 262, 263 and 419 of the Labour Code and, if possible, to summarize the substance thereof in its report.

Article 21. The Committee draws the Government’s attention to paragraphs 273 ff. of its 1985 General Survey on labour inspection in relation to the purpose of the annual report whose drafting and publication are prescribed by Article 20 and would be grateful if it would ensure that information on each of the matters covered by Article 21 are included in the next annual reports.

Labour inspection and child labour. The Committee hopes that the Government will ensure that statistical and detailed information on labour inspection activities in the context of combating child labour, as well as on their results, will be communicated regularly in annual inspection reports.

Part V of the report form. Noting that the Government indicates under this part that it sent the inspection report on health and safety to the Tripartite Committee for the Regulation of Labour Relations, the Committee requests it to indicate whether its report under article 22 of the ILO Constitution was communicated to the representative organizations of employers and workers, as required by article 23, paragraph 2, of the Constitution.