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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Confederation of Labour of Russia (KTR), received on 31 August 2021. 

Article 3(1) and (2) of the Convention. Additional functions entrusted to the labour inspectorate. Functions of the labour inspection with regard to undeclared work. In its observations, the KTR indicates that the number of cases in which the inspectors have identified workers in informal labour relations is insignificant compared to assessments of the scale of undisclosed labour relations in the Russian Federation. It observes that the reports of the Federal Service for Labour and Employment (Rostrud) do not refer to the number of criminal or administrative cases launched in connection with the identification of informal employment by inspectors, nor to the number of fines imposed. The Committee notes that KTR also indicates that Rostrud, aside from monitoring in the sphere of labour relations, is also responsible for monitoring and oversight in other social spheres. The Committee requests the Government to provide its comments in this respect. It also requests the Government to indicate whether labour inspectors are given additional duties other than their primary duties listed in Article 3(1) of the Convention. Furthermore, it requests the Government to provide data concerning the enforcement of the legal provisions relating to conditions of work and the protection of workers through the activities of the labour inspectorate with regard to undeclared work (the number of cases in which workers were registered with the social security authorities, the number of cases in which workers were paid outstanding salaries resulting from their past employment relationship, etc.). The Committee also requests the Government to provide information on the estimated numbers of unregistered workers and uninsured workers.

The Committee notes the KTR’s indication that the inspectorate does not monitor legislation determining the rights of trade unions, including guarantees of protection from discrimination based on trade union involvement, since the relevant legislation is not part of labour law. Concerning this matter, the Committee refers to its observation under the Convention on the Right to Organise and Collective Bargaining, 1949 (No. 98), concerning adequate protection against acts of anti-union discrimination and interference.

Articles 6 and 10. Conditions of service. Number of labour inspectors. The Committee notes that in reply to its previous comment concerning the recruitment of an adequate number of inspectors, the Government indicates that at present, the maximum number of personnel at Rostrud is approved by Resolution No. 1724 of 2017. The Committee also notes that the Government report does not contain information concerning the number of labour inspectors. However, the Committee notes with concern that according to the reports on the activities of Rostrud as shared by KTR, the number of labour inspectors continued to decline from 1,820, in 2019, to 1,793 in 2020. According to these reports, as of August 2021, there were 44 vacancies for state labour inspectors.

Concerning the condition of service of the labour inspectorate, the Committee notes the Government’s indication that the Decree No. 481 of 7 October 2019 increased official salaries of all civil servants by 1.043 times. The Government also reports on a series of activities to ensure professional development and integration of new employees in Rostrud’s territorial bodies, such as mentoring of new recruits and targeted training for a pre-selected number of labour inspectors in order to promote their career progression.

The Committee also notes that in its observation the KTR states that, despite the extended duties of labour inspectors, the number of inspectors is not increasing, but rather, continues to fall. Regarding the conditions of service, the KTR indicates that the upper limit for salaries of labour inspectors did not exceed the average Russian monthly wage in 2020 in any of the constituent entities that have vacancies. According to the KTR, the wage of state labour inspectors is not even half of the average wage of other federal civil servants at the regional level. The Committee requests the Government to provide its comments in this respect. Moreover, the Committee urges the Government to take the necessary measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspection service. In this regard, it requests once again the Government to provide information on the efforts made to recruit new labour inspectors and to fill the existing vacancies. It further requests the Government to provide information on the number of labour inspectors and on the career structure of the Rostrud, including grade and positions as well as the number of appointments made at each position.Noting the absence of information on this matter, the Committeerequests once again that the Government provide detailed information on: (i) the levels of remuneration of labour inspectors in comparison to the remuneration levels of other officials exercising functions of similar complexity and responsibility such as tax inspectors and the police; and (ii) the reason for the high attrition rate of labour inspectors.

Article 5(b). Collaboration with representatives of employers and workers. The Committee takes note of the KTR observations according to which national legislation provides only for a general indication of the need for the Inspectorate to cooperate with trade unions and does not provide for the right of trade unions to lodge a complaint with the Inspectorate, or for the Inspectorate’s cooperation on the consideration of such appeals. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to provide information on measures taken to promote collaboration between the labour inspectorate and employers and workers or their organizations.

Articles 7(3), 17 and 18. Enforcement of labour law provisions. For many years the Committee has been noting a disparity between the number of cases reported by the labour inspectorate, the number of investigations initiated and the number of convictions. The Committee takes note of the information provided by the Government regarding the monitoring activities for 2019 and 2020. However, the Committee notes that the Government’s report is silent on the number of criminal cases instituted and the actual convictions. The Committee notes that, in 2020, the courts annulled 942 decisions taken by labour inspectors. In its observations, the KTR indicates that although the reports of Rostrud provide general indicators for administrative proceedings against employers, there is a lack of information about all categories of violations for which employers have been subjected to administrative proceedings. The KTR also indicates that state labour inspectors’ powers are confined to responding to undisputed cases of violations of labour law, although the official understanding of “undisputed cases of violations of labour law” and the limitations on the powers of state labour inspectors in such cases have not been formally established. The trade union adds that this approach to labour inspectors is due to ambiguous legal practices that consider unlawful the act of state labour inspectors issuing employers with binding orders or imposing fines for violations of the law, if by doing so the inspector is “resolving an individual labour dispute”. According to the KTR, since the legislation does not establish clear criteria that would allow the differentiation of a “labour dispute” from a situation in which a state labour inspector is entitled to intervene, state labour inspectors’ orders on any issue may in practice be declared unlawful by the court in connection with inspectors exceeding their authority and interfering in a “labour dispute”. Regarding concrete measures taken to address the deficiencies identified, the Government reports a series of trainings but does not provide specific information regarding the training for labour inspectors on the establishment and completion of non-compliance reports, including the collection of the necessary evidence, as previously requested by the Committee. The Committee requests the Government to provide its comments with respect to the KTR observations.The Committee urges the Government to take the necessary measures to ensure the effective enforcement of the legal provisions enforceable by labour inspectors. It once again requests the Government to provide information on concrete measures taken to address the deficiencies identified, such as training for labour inspectors on the establishment and completion of non-compliance reports, including: (i) the collection of the necessary evidence; (ii) the improvement of communication and coordination activities with the judiciary on the required evidence to establish and effectively prosecute labour law violations; and (iii) the need for timely communication of the outcome of cases to the labour inspectorate. The Committee requests the Government to provide concrete statistics on the administrative and criminal cases reported by the labour inspectorate, the investigations and prosecutions initiated, and the penalties imposed as a result. In view of the KTR observations, the Committee also requests information on the reasons for the cancellations by the courts of the decisions taken by labour inspectors.

Article 12. Labour inspectors’ powers and prerogatives.In reply to the Committee’s previous comment, the Government indicates that the new Federal Act No. 248-FZ of 31 July 2020 provides for unannounced inspection visits, which shall be carried out without prior notification and during which the inspector has unimpeded access to documents, facilities and premises, as well as the right to perform a series of monitoring actions. In this respect, the Committee notes that the inspector can conduct an oral interview of the controlled person under section 78 of the Federal Act No. 248-FZ. The Committee notes that in its observations, the KTR indicates that Federal Act No. 248-FZ was adopted without regard to the view of the KTR and retained restrictions on the powers of state labour inspectors. In particular, it indicates that: (i) physical inspections are possible only if an inspector cannot verify the completeness and accuracy of the documents and explanations submitted by an employer, in order to assess the lawfulness of the employer’s activity (inactivity) by another means (Act No. 248-FZ, section 73(3)); (ii) unplanned inspection visits are allowed only with the consent of the prosecutor, except in situations where they are conducted on special grounds, such as on the instruction of the Russian President or the Russian Government, at the request of the prosecutor, or in the absence of evidence of the execution by the employer of a previously issued order (Act No. 248-FZ, sections 73(5) and 57(1)(3–6), 57(3) and 66(12)); and (iii) employers must be given notice at least 24 hours prior to the start of an unplanned inspection visit (Act No. 248-FZ, section 73(6)). Furthermore, the Committee notes with concern that many of the restrictions on the powers of labour inspectors noted previously by the Committee remain in place, including restrictions on the free initiative of labour inspectors to undertake inspections without prior notice (sections 9(12) and 10(16) of Law No. 294-FZ) and on the free access of labour inspectors to workplaces at any hour of the day or night (sections 10(5) and 18(4) of Law No. 294-FZ), as well as the enumeration of limited grounds on which unscheduled inspection visits may be undertaken (section 10(2) of Law No. 294-FZ and section 10 of Regulation No. 875). The Committee also notes that, for a number of years ithas been noting that pursuant to section 19(6)(1) and (2) of the Code of Administrative Offences, labour inspectors may incur administrative liability where they fail to observe certain restrictions. The Committee notes that the Government has not provided relevant information on this matter. The Committee requests the Government to provide its comments with respect to the KTR observations. Recalling and emphasizing the importance of fully empowering labour inspectors to make visits without previous notice in order to guarantee effective supervision, the Committee once again urges the Government to take the necessary measures to bring the national legislation into conformity with Article 12 of the Convention, particularly by ensuring that labour inspectors are empowered to make visits without previous notice, in line with Article 12(1)(a) and (b) of the Convention.The Committee reiterates its request that the Government provide further information on the cases brought against officials of the state labour inspectorates under section 19(6) of the Code on Administrative Offences, indicating the requirements of the legislation on state control that were violated, particularly specifying violations related to undertaking labour inspections on grounds other than those permitted in law, and any penalties assessed against inspectors based on such violations.

Article 14. Notification of industrial accidents and cases of occupational diseases to the labour inspectorate. For a number of years, the Committee has been requesting the Government to provide information on any legislative changes establishing the systematic notification of the labour inspectorate of cases of occupational diseases. The Committee recalls that according to the Order of the Ministry of Health No. 176 of 28 May 2001, the Sanitary and Epidemiological Supervision Centre shall inform the territorial state labour inspector only for acute diseases. In its observations, the KTR indicates that the Inspectorate does not have the authority to collect full information on industrial accidents and occupational diseases and refers to section 228.1 of the Labour Code, according to which, employers are only required to inform the Inspectorate of group industrial accidents, serious industrial accidents or fatal industrial accidents. The Committee emphasizes once again thatthe systematic notification of the labour inspectorate of industrial accidents and cases of occupational diseases is important to fulfil its functions and obligations, including the planning of labour inspection visits and the inclusion of such information in the annual reports on labour inspection. Therefore, the Committee requests once again that the Government provide information on any measures taken or envisaged to establish a procedure to ensure that the labour inspectorate is notified of all types of industrial accidents and cases of occupational diseases. It also requests the Government to ensure that representative statistics in this regard are included in the annual labour inspection report.

Article 16. Frequency and thoroughness of labour inspections. In reply to the Committee’s previous comment, the Government indicates that inspections visits using the risk-based approach are only carried out on a scheduled basis. The Government adds that, by 1 July of the year preceding the scheduled inspection year, certain information on employers whose activities are classified as high- and significant- risk is posted and kept up-to-date on the official Internet website of Rostrud. The Government also indicates that it developed a series of online tools to reinforce Rostrud’s preventive work in the form of online consulting for employees and employers. This also includes the possibility for employers to conduct self-inspections through an electronic checklist. The Government adds that, the Federal Act No. 122-FZ of 24 April 2020 on Experimenting with the Use of Electronic Work Documents, will facilitate implementation of electronic oversight while avoiding direct interaction with employers, thereby substantially reducing inspectors’ workload. In its observations, the KTR points to increased intervals between inspections; and indicates that the criteria for assigning employers to the various risk categories give rise to the following concerns: (i) regulations offer no instructions on the right of workers and trade unions to contact the Inspectorate with information on facts affecting the assignment of an employer to a risk category; (ii) the assignment of employers to risk categories is largely based on the formal criterion of the main type of economic activity indicated by the employer, with no consideration given to the fact that employers may at the same time in practice carry out activities assigned to a higher risk; (iii) one of the criteria influencing the establishment of employers’ risk categories is the existence or absence of administrative proceedings for the violation of labour law which is taken into consideration irrespective of their number, and thus does not encourage unscrupulous employers to observe labour law if they have already been held administratively liable for its violation; (iv) the consideration of the criteria of the number of workers on a company’s staff, and type of economic activity, means that the majority of small- and medium-sized enterprises are considered low-risk and thus excluded from planned inspections.

The Committee takes note of the number of inspections, including scheduled inspections carried out by the State Labour Inspectorate for the period 2016–20. It notes that the number of inspections significantly decreased from 131,286 in 2019 to 69,895 in 2020, a decrease which according to the Government was due to restrictions associated with adoption of decisions taken in the context of the COVID-19 pandemic. In this respect, the KTR refers once again to constraints on the work of the state labour inspectorate in the context of the pandemic through legislations adopted since 2020, and to an increase in workers’ complaints about the non-observance by employers of labour law. The Committee requests the Government to provide its comments with respect to the KTR observations. It requests the Government to take measures, including legislative amendments, with regard to the criteria for assigning employers to the various risk categories to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee requests the Government to continue to provide statistics on the number of labour inspections undertaken each year, including the number of scheduled and unscheduled inspections, and of inspections undertaken on-site and those conducted without a visit to the establishment. It requests once again that the Government provide the breakdown of inspections in small, medium-sized and large enterprises. Further, the Committee requests the Government to provide detailed information on the circumstances under which employers conduct self-inspections, and to indicate the number of self-assessments conducted and the number of follow-up inspection visits by labour inspectors in case of violations. The Committee also requests the Government to indicate whether any COVID-19 related restrictions to labour inspection are still in place.

Articles 20 and 21. Annual labour inspection report. The Committee takes note of the observations of the KTR according to which, although the Inspectorate’s reports contain a range of statistical information on the number of complaints received by the Inspectorate and the distribution of visits by economic sector, they do not provide statistical information on occupational diseases and contain only some statistical data on serious industrial accidents rather than on all accidents. The Committee requests the Government to provide its reply in this respect and indicate any steps taken or envisaged in order to publish a consolidated labour inspection report containing detailed information on all the items listed in Article 21(a)–(g) of the Convention.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 14 of the Convention. Notification of cases of occupational diseases to the labour inspectorate. In its previous comment, the Committee noted the Government’s indication that compiled information on cases of occupational diseases was communicated to the labour inspectorate by the public entities holding such information and that work was ongoing to establish a legal basis for the notification of cases of occupational diseases to the labour inspectorate. The Committee notes that the Government has not provided a reply to its subsequent request for information on legislative changes in this regard. Emphasizing that the systematic notification of the labour inspectorate of cases of occupational diseases is important to fulfil its functions and obligations, including the planning of labour inspection visits and the inclusion of such information in the annual reports on labour inspection, the Committee once again requests the Government to provide information on any legislative changes establishing this procedure in the national legislation.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Confederation of Labour of Russia (KTR), received on 30 September 2020. The Committee notes that the KTR refers to constraints on the work of the state labour inspectorate in the context of the pandemic, including the state labour inspectorate’s alleged refusal to respond to workers’ complaints submitted during the pandemic, and an increase in labour rights violations. The Committee also notes that the KTR raises concerns related to the functioning of the labour inspection system, including: (i) the insufficient number of state inspectors in relation to their expanding duties and their workload; (ii) labour inspectors’ conditions of service compared with other public servants of federal authorities operating at the regional level; (iii) existing restrictions on the powers of labour inspectors, including on the scope of inspections, and their practical implications; and (iv) insufficient information in the Reports on the Work of the State Labour Inspectorates. The Committee requests the Government to provide its comments in response to these serious allegations.

Legislative developments. The Committee notes the observations of the KTR indicating that new requirements for conducting inspections will be introduced by Federal Act No. 248-FZ of 31 July 2020 on State Oversight (Supervision) and Municipal Oversight in the Russian Federation, which enters into force on 1 July 2021 (Federal Act No. 248-FZ). The Committee notes that, according to the KTR, this Act also contains potential restrictions on the powers of labour inspectors. The Committee requests the Government to provide its comments in respect of the KTR’s observations. It also requests the Government to provide a copy of Federal Act No. 248-FZ.

Not having received other supplementary information, the Committee reiterates its comments adopted in 2019 and reproduced below.

The Committee notes the observations made by the Confederation of Labour of Russia (KTR), received on 26 September 2019. The Committee requests the Government to provide its comments in this respect.

Articles 3(1), 6, 10 and 16 of the Convention. Number of labour inspectors and coverage of workplaces by labour inspection visits. In its previous comments, the Committee observed that the number of labour inspectors had continuously decreased over a number of years from 2,680 to 2,102 between 2012 and 2016. It also noted from the 2016 report of the Federal Service of Labour and Employment (Rostrud) that the number of labour inspectors was insufficient to achieve sufficient coverage of workplaces by labour inspection visits, which often resulted in the verification and control of documents from the offices of the Rostrud rather than the conduct of actual labour inspection visits in workplaces. The Committee notes with concern from the information provided by the Government in its report that the actual number of labour inspectors continued to decrease to 1,835 inspectors in 2018. The Committee notes from the 2018 report of the Rostrud that the turnover of staff affects the efficiency of labour inspection activities. The Committee urges the Government to take the necessary measures to guarantee the recruitment of an adequate number of labour inspectors to ensure that workplaces are inspected as often and as thoroughly as is necessary to enable the effective application of the relevant legal provisions. It requests the Government to continue to provide information on the number of labour inspectors. The Committee also requests information on the conditions of service of labour inspectors (including salary, benefits, and career prospects) in comparison to public servants exercising similar functions within other government services (such as tax inspectors and the police) as well as on the reasons for the high attrition rate of labour inspectors.

Articles 7, 17 and 18. Enforcement of labour law provisions. In its previous comment, the Committee noted a disparity between the number of cases reported by the labour inspectorate, the number of investigations initiated and the number of convictions. It noted the Government’s indication that criminal cases were often not pursued as criminal intent could not be established. With respect to administrative cases, the Committee noted the Government’s indication that they were sometimes not pursued due to the lack or incomplete nature of documents in non-compliance reports prepared by the labour inspectorate and that decisions on the closure of administrative cases were often communicated too late for the labour inspectorate to submit appeals within the prescribed time limits.

The Committee notes that, based on the information provided by the Government, there is still a significant discrepancy between the number of files sent to the prosecutor’s office by the federal labour inspectorate (7,580) and the number of criminal cases instituted (518), and that the Government’s report is silent on the number of actual convictions. The Committee also notes that there have been a significant number of cancellations of acts of inspections, orders, decrees, conclusions and other decisions of labour inspectors by the judicial authorities in 2018 (1,206). The Committee once again requests the Government to take the necessary measures to ensure the effective enforcement of the legal provisions enforceable by labour inspectors. It once again requests the Government to provide information on the concrete measures taken to address the deficiencies identified, such as training for labour inspectors on the establishment and completion of non-compliance reports, including the collection of the necessary evidence; the improvement of communication and coordination activities with the judiciary on the required evidence to establish and effectively prosecute labour law violations, as well as the need for timely communication of the outcome of cases to the labour inspectorate. The Committee requests the Government to provide concrete statistics on the administrative and criminal cases reported by the labour inspectorate, including the relevant legal provisions, the investigations and prosecutions initiated, and the penalties imposed as a result. The Committee also requests information on the reasons for the significant number of cancellations of the decisions taken by labour inspectors.

Articles 12 and 16. Labour inspection powers and prerogatives. In its previous comment, the Committee noted that section 357 of the Labour Code only gives labour inspectors the power to interview employers (and not workers) and that Federal Law No. 294-FZ, the Labour Code and Regulation No. 875 provide for numerous restrictions on the powers of labour inspectors, including the free initiative of labour inspectors to undertake inspections without prior notice (sections 9(12) and 10(16) of Law No. 294-FZ), and the free access of labour inspectors to workplaces (without an order from a higher authority) at any hour of the day or night (sections 10(5) and 18(4) of Law No. 294-FZ). It also noted limitations with regard to the grounds on which unscheduled inspection visits may be undertaken (section 360 of the Labour Code, section 10(2) of Law No. 294-FZ and section 10 of Regulation No. 875). The Committee further noted that pursuant to section 19(6)(1) and (2) of the Code of Administrative Offenses, labour inspectors may incur administrative liability where they fail to observe certain of these restrictions, for example where they undertake labour inspections on grounds other than those permitted in law. It urged the Government to take the necessary measures to bring these legislative Acts into compliance with Articles 12 and 16 of the Convention.

The Committee notes the Government’s reference to the introduction of a risk-based approach in the work of the labour inspection services. In this respect, it notes that resolution No. 197 of February 2017 on the introduction of changes to certain acts of the Russian Federation, provides that depending on the assessment of risks, planned inspections may not be carried out more often than: (i) once every two years for workplaces considered to be high-risk; (ii) once every three years for workplaces considered to have a significant risk; (iii) once every five years for workplaces considered to have medium risk; and (iv) once in six years for workplaces to be of moderate risk. Moreover, for workplaces considered to have a low level of risk, planned inspections are not permitted. In this respect, the Committee notes that pursuant to the amendments introduced by Federal Law No. 480-FZ of 25 December 2018 to the Federal Law No. 294-FZ, inspections cannot be scheduled for low-risk small and medium enterprises. The Committee also notes that in 2018, 37 cases were brought under section 19(6)(1) against officials of the state labour inspectorates for violating the requirements regarding the procedure for state supervision. Recalling and emphasizing the importance of fully empowering labour inspectors to make visits without previous notice in order to guarantee effective supervision, the Committee once again urges the Government to take the necessary measures to bring the national legislation into conformity with Articles 12 and 16 of the Convention. Particularly, it urges the Government to ensure that labour inspectors are empowered to: (i) make visits without previous notice, in line with Article 12(1)(a) and (b) of the Convention; (ii) to interrogate both employers and staff, in accordance with Article 12(1)(c)(i); and (iii) to allow for the undertaking of labour inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 16. The Committee also requests the Government to provide information on the impact of the risk-based inspection system on the coverage of workplaces by labour inspection. In this regard, it requests that the Government provide statistics on the number of labour inspections undertaken in each year since the implementation of this system, indicating the number of inspections in small, medium-sized and large enterprises. The Committee requests the Government to provide further information on the cases brought under section 19(6)(1) of the Code on Administrative Offenses, indicating the requirements of the legislation on state control that were violated, particularly specifying violations related to undertaking labour inspections on grounds other than those permitted in law, and any penalties assessed against inspectors based on such violations.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 14 of the Convention. Notification of cases of occupational diseases to the labour inspectorate. In its previous comment, the Committee noted the Government’s indication that compiled information on cases of occupational diseases was communicated to the labour inspectorate by the public entities holding such information and that work was ongoing to establish a legal basis for the notification of cases of occupational diseases to the labour inspectorate. The Committee notes that the Government has not provided a reply to its subsequent request for information on legislative changes in this regard. Emphasizing that the systematic notification of the labour inspectorate of cases of occupational diseases is important to fulfil its functions and obligations, including the planning of labour inspection visits and the inclusion of such information in the annual reports on labour inspection, the Committee once again requests the Government to provide information on any legislative changes establishing this procedure in the national legislation.

[The Government is asked to reply in full to the present comments in 2020.]

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations made by the Confederation of Labour of Russia (KTR), received on 26 September 2019. The Committee requests the Government to provide its comments in this respect.

Articles 3(1), 6, 10 and 16 of the Convention. Number of labour inspectors and coverage of workplaces by labour inspection visits. In its previous comments, the Committee observed that the number of labour inspectors had continuously decreased over a number of years from 2,680 to 2,102 between 2012 and 2016. It also noted from the 2016 report of the Federal Service of Labour and Employment (Rostrud) that the number of labour inspectors was insufficient to achieve sufficient coverage of workplaces by labour inspection visits, which often resulted in the verification and control of documents from the offices of the Rostrud rather than the conduct of actual labour inspection visits in workplaces. The Committee notes with concern from the information provided by the Government in its report that the actual number of labour inspectors continued to decrease to 1,835 inspectors in 2018. The Committee notes from the 2018 report of the Rostrud that the turnover of staff affects the efficiency of labour inspection activities. The Committee urges the Government to take the necessary measures to guarantee the recruitment of an adequate number of labour inspectors to ensure that workplaces are inspected as often and as thoroughly as is necessary to enable the effective application of the relevant legal provisions. It requests the Government to continue to provide information on the number of labour inspectors. The Committee also requests information on the conditions of service of labour inspectors (including salary, benefits, and career prospects) in comparison to public servants exercising similar functions within other government services (such as tax inspectors and the police) as well as on the reasons for the high attrition rate of labour inspectors.

Articles 7, 17 and 18. Enforcement of labour law provisions. In its previous comment, the Committee noted a disparity between the number of cases reported by the labour inspectorate, the number of investigations initiated and the number of convictions. It noted the Government’s indication that criminal cases were often not pursued as criminal intent could not be established. With respect to administrative cases, the Committee noted the Government’s indication that they were sometimes not pursued due to the lack or incomplete nature of documents in non-compliance reports prepared by the labour inspectorate and that decisions on the closure of administrative cases were often communicated too late for the labour inspectorate to submit appeals within the prescribed time limits.

The Committee notes that, based on the information provided by the Government, there is still a significant discrepancy between the number of files sent to the prosecutor’s office by the federal labour inspectorate (7,580) and the number of criminal cases instituted (518), and that the Government’s report is silent on the number of actual convictions. The Committee also notes that there have been a significant number of cancellations of acts of inspections, orders, decrees, conclusions and other decisions of labour inspectors by the judicial authorities in 2018 (1,206). The Committee once again requests the Government to take the necessary measures to ensure the effective enforcement of the legal provisions enforceable by labour inspectors. It once again requests the Government to provide information on the concrete measures taken to address the deficiencies identified, such as training for labour inspectors on the establishment and completion of non-compliance reports, including the collection of the necessary evidence; the improvement of communication and coordination activities with the judiciary on the required evidence to establish and effectively prosecute labour law violations, as well as the need for timely communication of the outcome of cases to the labour inspectorate. The Committee requests the Government to provide concrete statistics on the administrative and criminal cases reported by the labour inspectorate, including the relevant legal provisions, the investigations and prosecutions initiated, and the penalties imposed as a result. The Committee also requests information on the reasons for the significant number of cancellations of the decisions taken by labour inspectors.

Articles 12 and 16. Labour inspection powers and prerogatives. In its previous comment, the Committee noted that section 357 of the Labour Code only gives labour inspectors the power to interview employers (and not workers) and that Federal Law No. 294-FZ, the Labour Code and Regulation No. 875 provide for numerous restrictions on the powers of labour inspectors, including the free initiative of labour inspectors to undertake inspections without prior notice (sections 9(12) and 10(16) of Law No. 294-FZ), and the free access of labour inspectors to workplaces (without an order from a higher authority) at any hour of the day or night (sections 10(5) and 18(4) of Law No. 294-FZ). It also noted limitations with regard to the grounds on which unscheduled inspection visits may be undertaken (section 360 of the Labour Code, section 10(2) of Law No. 294-FZ and section 10 of Regulation No. 875). The Committee further noted that pursuant to section 19(6)(1) and (2) of the Code of Administrative Offenses, labour inspectors may incur administrative liability where they fail to observe certain of these restrictions, for example where they undertake labour inspections on grounds other than those permitted in law. It urged the Government to take the necessary measures to bring these legislative Acts into compliance with Articles 12 and 16 of the Convention.

The Committee notes the Government’s reference to the introduction of a risk-based approach in the work of the labour inspection services. In this respect, it notes that resolution No. 197 of February 2017 on the introduction of changes to certain acts of the Russian Federation, provides that depending on the assessment of risks, planned inspections may not be carried out more often than: (i) once every two years for workplaces considered to be high-risk; (ii) once every three years for workplaces considered to have a significant risk; (iii) once every five years for workplaces considered to have medium risk; and (iv) once in six years for workplaces to be of moderate risk. Moreover, for workplaces considered to have a low level of risk, planned inspections are not permitted. In this respect, the Committee notes that pursuant to the amendments introduced by Federal Law No. 480-FZ of 25 December of 2018 to the Federal Law No. 294-FZ, inspections cannot be scheduled for low-risk small and medium enterprises. The Committee also notes that in 2018, 37 cases were brought under section 19(6)(1) against officials of the state labour inspectorates for violating the requirements regarding the procedure for state supervision. Recalling and emphasizing the importance of fully empowering labour inspectors to make visits without previous notice in order to guarantee effective supervision, the Committee once again urges the Government to take the necessary measures to bring the national legislation into conformity with Articles 12 and 16 of the Convention. Particularly, it urges the Government to ensure that labour inspectors are empowered to: (i) make visits without previous notice, in line with Article 12(1)(a) and (b) of the Convention; (ii) to interrogate both employers and staff, in accordance with Article 12(1)(c)(i); and (iii) to allow for the undertaking of labour inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 16. The Committee also requests the Government to provide information on the impact of the risk-based inspection system on the coverage of workplaces by labour inspection. In this regard, it requests that the Government provide statistics on the number of labour inspections undertaken in each year since the implementation of this system, indicating the number of inspections in small, medium-sized and large enterprises. The Committee requests the Government to provide further information on the cases brought under section 19(6)(1) of the Code on Administrative Offenses, indicating the requirements of the legislation on state control that were violated, particularly specifying violations related to undertaking labour inspections on grounds other than those permitted in law, and any penalties assessed against inspectors based on such violations.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2020.]

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour inspection: Convention No. 81

Articles 3, 5(b), 10, 13, 17 and 18 of the Convention. Collaboration with trade union inspectors in the performance of labour inspection functions. The Committee previously noted the role of trade unions in labour inspection (section 370 of the Labour Code) and observed that about 4.5 per cent of all labour inspections were carried out jointly with representatives of trade unions. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that the main form of collaboration with the labour inspection bodies of the trade unions is joint inspections, and that collaboration includes, among other things, measures for the detection and remediation of labour law violations.

Article 3(2). Additional functions. The Committee notes the Government’s explanations concerning the functions of the Federal Service of Labour and Employment (Rostrud), in response to the Committee’s previous request concerning the duties carried out by labour inspectors.

Article 5(a) and (b). Cooperation and collaboration at the national and interregional level. The Committee notes the information provided by the Government in reply to the Committee’s request on the cooperation between the labour inspectorate and other public bodies and on collaboration between the labour inspectorate and the social partners. It further notes the information provided by the Government in reply to the Committee’s request on the cooperation of the labour inspectorate with other national labour inspectorates in the framework of the Regional Alliance of Labour Inspections (RALI) of the Commonwealth of Independent States (CIS) and Mongolia.

Article 7. Qualifications and training of labour inspectors. The Committee notes the Government’s indication, in reply to the Committee’s request, on the recruitment procedure for labour inspectors in accordance with the regulations applicable to civil servants, such as the requirement to establish recruitment commissions including technical experts. The Committee also notes the Government’s information on some of the subjects covered in the training provided to labour inspectors.

Article 14. Notification of cases of occupational diseases to the labour inspectorate. The Committee notes the Government’s indication, in reply to the Committee’s request, that processed information on cases of occupational diseases is communicated to the labour inspectorate by the public entities holding such information. The Committee also notes the Government’s indication that work is ongoing to establish a legal basis for the notification of cases of occupational diseases to the labour inspectorate. Emphasizing that the systematic notification of the labour inspectorate of cases of occupational diseases is important to fulfil its functions and obligations, including the planning of labour inspection visits and the inclusion of such information in the annual reports on labour inspection, the Committee requests the Government to provide information on any legislative changes establishing this procedure in the national legislation.

Labour administration: Convention No. 150

Articles 4 and 9 of the Convention. Organization and operation of the labour administration system. The Committee previously noted that the Ministry of Public Health and the Ministry of Labour and Social Development were merged in 2005 and their functions transferred to the newly created Ministry of Public Health and Social Development. The Committee notes from the Government’s report that the Ministry of Public Health and Social Development was separated again in 2012 into the Ministry of Health and Social Development and the Ministry of Labour and Social Protection. The Committee also notes the organizational chart of the labour inspection system provided by the Government, in response to its previous request. The Committee requests the Government to provide an organizational chart of the structure of the labour administration system in its entirety at the central, local and regional levels, including the Ministry of Labour and Social Protection, and all other bodies assuming labour administration tasks (such as other ministries or public agencies, semi-public bodies, non-governmental organizations, employers’ and workers’ organizations), their duties, and information on how these different bodies interrelate.

Article 5. Consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. The Committee notes the information provided by the Government, in response to its previous request, on the Tripartite Commission for the Regulation of Industrial Relations and Labour, including its composition and activities.

Article 6. Preparation and implementation of laws and regulations giving effect to the national labour policy. The Committee previously noted the Government’s reference to persistent difficulties undermining the effectiveness of the implementation of legislation in practice and severely reducing the capacity of the officials responsible for overseeing the application of labour law. The Government referred to difficulties such as the absence of an appropriate systematization of the labour legislation, as well as legal gaps and inconsistencies, the absence of texts implementing the provisions of the Labour Code, and the inadequacy of the provisions intended to give effect to ratified international labour Conventions. Noting that the Government has not provided a reply in this respect, the Committee requests the Government to indicate whether these difficulties persist, and to provide information on any measures envisaged or taken to overcome these difficulties. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance for this purpose.

Article 10. Qualifications of labour administration staff. Conditions of service, human, financial and material resources to guarantee the effective performance of their duties. The Committee welcomes the information provided by the Government concerning the efforts to improve the qualifications among the staff of the labour administration services. The Committee requests the Government to provide information on the current conditions of service of the labour administration staff, and to provide information on the allocation of adequate human, financial and material resources necessary for the effective discharge of their duties.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 3(1), 10 and 16 of the Convention. Number of labour inspectors and coverage of workplaces by labour inspection visits. In its previous comment, the Committee observed that the number of labour inspectors continuously decreased over a number of years. It noted the Government’s indication that the limited number of staff in 2010 had significantly affected the results and quality of labour inspection. The Committee notes from the statistics provided in the 2016 report of the Federal Service of Labour and Employment (Rostrud) that the number of labour inspectors decreased between 2012 and 2016 from 2,680 to 2,102. It also notes from the same source that the number of labour inspectors is considered to be insufficient to achieve sufficient coverage of workplaces by labour inspection visits, which often results in the verification and control of documents from the offices of the Rostrud rather than the conduct of actual labour inspection visits in workplaces. The Committee urges the Government to take the necessary measures to ensure the recruitment of an adequate number of labour inspectors to ensure that workplaces are inspected as often and as thoroughly as is necessary to enable the effective application of the relevant legal provisions. It requests the Government to continue to provide information on the number of labour inspectors.

Articles 12 and 16. Labour inspection powers and prerogatives. The Committee notes the Government’s indication, in reply to the Committee’s request to give full effect to Article 12, that the powers of labour inspectors to ask workers and employers questions provided for in section 357 of the Labour Code are not curtailed by the Federal Law No. 294-FZ of 2008 (as amended in 2014) on the protection of legal entities and individual entrepreneurs in state control (supervision) and municipal control. However, the Committee notes that section 357 only gives labour inspectors the power to interview employers (and not workers) and that Law No. 294-FZ, the Labour Code (as amended) and Regulation No. 875 of 2012 (on state supervision over the observance of labour legislation and other normative legal acts containing labour law provisions) provide for numerous restrictions on the powers of labour inspectors, including the free initiative of labour inspectors to undertake inspections without prior notice (sections 9(12) and 10(16) of Law No. 294-FZ), and the free access of labour inspectors to workplaces (without an order from a higher authority) at any hour of the day or night (sections 10(5) and 18(4) of Law No. 294-FZ). Moreover, these laws and regulations provide for restrictions on the conduct of labour inspections as often and as thoroughly as necessary, including limitations with regard to the grounds on which unscheduled inspection visits may be undertaken (section 360 of the Labour Code, section 10(2) of Law No. 294-FZ and section 10 of Regulation No. 875 of 2012). The Committee further notes that pursuant to section 19(6)(1) and (2) of the Code of Administrative Offenses, labour inspectors may incur administrative liability where they fail to observe certain of these restrictions, for example where they undertake labour inspections on grounds other than those permitted in law. Recalling the importance of fully empowering labour inspectors to make visits without previous notice in order to guarantee effective supervision, the Committee urges the Government to take the necessary measures to bring the national legislation into compliance with Articles 12 and 16 of the Convention. Particularly, it urges the Government to ensure that labour inspectors are empowered to: (i) make visits without previous notice, in line with Article 12(1)(a) and (b) of the Convention; (ii) to interrogate both employers and staff, in accordance with Article 12(1)(c)(i); and (iii) to allow for the undertaking of labour inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 16.

Articles 7, 17 and 18. Enforcement of labour law provisions. The Committee notes the information provided by the Government, in reply to the Committee’s previous request, concerning the causes for the discrepancy between the number of cases reported by the labour inspectorate, the number of investigations initiated and the number of convictions. The Committee notes the Government’s indication that one of the main reasons that criminal cases are not pursued was that criminal intent could not be established (criminal cases were only initiated in one out of the 14 cases reported). The Government further indicates that the reasons that administrative cases are not pursued included that non-compliance reports prepared by the labour inspectorate were incomplete or did not contain the required documents. Moreover, decisions on the closure of administrative cases were often communicated too late for the labour inspectorate to submit appeals within the prescribed time limits. However, in relation to the payment of wages, the Committee notes the Government’s indication in its 2017 report on the application of the Protection of Wages Convention, 1949 (No. 95), that the number of investigations initiated and the number of convictions for cases reported concerning the non-payment of wages has increased.

With regard to the requested information on the enforcement of the legal provisions pertaining to fundamental rights at work, the Committee notes that the Government indicates that the labour inspectorate could not identify evidence for any violations of freedom of association rights. In this context, the Committee also recalls its observation published in 2017 under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) in which it noted the observations of the Confederation of Labour of the Russian Federation (KTR) concerning a number of deficiencies in the enforcement of the provisions relating to acts of anti-union discrimination, including the lack of training of law enforcement staff concerning the evidence needed to establish violations under the Criminal Code. The Committee requests the Government to take the necessary measures to ensure the effective enforcement of the legal provisions enforceable by labour inspectors, and to address the shortcomings it has identified in this regard. It requests the Government to provide information on the concrete measures taken in this respect (such as training for labour inspectors on the establishment and completion of non-compliance reports including the collection of the necessary evidence; the improvement of communication and coordination activities with the judiciary on the required evidence to establish and effectively prosecute labour law violations as well as the need for timely communication of the outcome of cases to the labour inspectorate). The Committee requests the Government to provide detailed statistics on the administrative and criminal cases reported by the labour inspectorate including the relevant legal provisions, the investigations and prosecutions initiated and the penalties imposed as a result.

The Committee is raising other matters in a request addressed directly to the Government.

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

With reference to its observation, the Committee would also like to raise the following additional points.

The Committee notes that, while the Government has replied to most of its questions raised in its observation, it has not provided information in reply to its previous direct request. It hopes that the Government’s next report will include full information on the matters raised therein, which read as follows:

Articles 3, 5(b), 13, 14, 16, 17 and 18 of the Convention. Collaboration with trade union labour inspectors in the performance of labour inspection functions. The Committee notes from the Government’s report received in 2009 that, of the total number of 228,000 inspection visits carried out by the labour inspectorate, more than 10,100 inspections were carried out jointly with representatives of trade unions. According to section 370 of the national Labour Code, trade unions may create legal and technical inspectorates in order to monitor compliance with legal provisions relating to conditions of work and the protection of workers, and have the right to conduct independent expert reviews of working conditions and provisions relating to occupational safety and health (OSH), take part in investigations relating to industrial accidents or cases of occupational disease, ask for the suspension of operations in the case of an imminent threat to the lives and health of workers, have recourse to the competent authorities and present demands that guilty persons be held accountable for violations of the labour legislation, etc. Section 370 also provides that “in exercising the indicated powers, trade unions and their labour inspectorates shall work with the federal executive governmental body empowered to exercise state supervision and control over the observance of the labour legislation and other normative legal acts containing norms of labour law, its territorial bodies, other federal executive governmental bodies charged with the functions of control and supervision in the established area of activity”. The Committee further notes that according to article 230 of the National Labour Code, as a rule, the additional investigation involves the participation of a trade union labour inspector and, where necessary, representatives of the relevant federal executive governmental body charged with the functions of control and supervision in the established area of activity and the executive body of the insurer (at the place of registration of the employer as an insured). According to the results of the additional investigation the state labour inspector shall draw up a statement on the industrial accident and issue a prescription binding on the employer (a representative thereof). The Committee requests the Government to provide details on the conditions and modalities under which the labour inspection collaborates with the legal and technical labour inspection bodies of the trade unions and the impact of this collaboration in relation to the enforcement of legal provisions on the conditions of work and the protection of workers and the prevention of industrial accidents and cases of occupational disease.

Article 5(a). Regional coordination and cooperation in the area of labour inspection. The Committee notes the information provided by the ILO DWT/ CO–Moscow that representatives of state labour inspections from Armenia, Kazakhstan, Kyrgyzstan, Republic of Moldova, Mongolia, Russian Federation, Tajikistan, Ukraine and the International Association of Labour Inspections (IALI) signed a declaration, within the framework of the international conference of labour inspections of the Commonwealth of Independent States (CIS) and other countries in Moscow on 10 June 2012, to set up the Regional Alliance of Labour Inspections (RALI) of the CIS and Mongolia. It notes that RALI is aimed at reducing occupational accidents and diseases, exchanging regular experience of ensuring safe working conditions and occupational safety, assisting member States in resolving trans-border problems and developing effective data exchange systems for labour inspections of the Alliance’s member States and other countries. The Committee would be grateful if the Government would keep the ILO informed on the activities carried out by the labour inspectorate within the framework of RALI, as well as any impact these activities may have on the application of the Convention. Please also send a copy of any cooperation agreement concluded in this framework.

Article 5(a) and (b). Cooperation and collaboration at the national level. The Committee notes with interest from the Government’s report that, in conformity with Government Decree No. 275 of 5 December 2005, inter-agency committees have been established throughout the country for the protection of workers who face arrears of wages. These committees, which are composed of representatives of the labour inspectorate, public prosecutor’s offices and federal tax services, the financial control organ “Rosfinnadzor”, pension and social security offices, the federal treasury, the directorate of internal affairs for the suppression of economic offences and representatives of workers’ and employers’ organizations, are not only charged with the elaboration and pursuit of measures and actions aimed at bringing wage arrears to an end, but also provide for the legalization of wages paid informally. The Committee also notes the information on the progress made in terms of recovery of wages in the Government’s report. The Committee requests the Government to continue to provide information on measures undertaken in order to promote effective cooperation between the labour inspectorate and other public bodies and the social partners, and on the results achieved, as well as a copy of any relevant documentation.

Article 7. Qualifications and training of labour inspectors. The Committee would be grateful if the Government would provide detailed information on the means of ascertaining qualifications of labour inspectors by the competent authority. It also requests the Government to describe the initial training provided to labour inspectors at the time of their appointment and give details on the content of any periodic or ad hoc based trainings organized for labour inspectors, the assistance, and the impact of such training sessions on the results of the labour inspection activities performed during the period covered by the Government’s next report.

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

Organization of the Federal Labour and Employment Service (Rostrud) and the relevant legislation. The Committee notes the Government’s explanations concerning the organizational structure of the Federal Labour and Employment Service (Rostrud), that is, its federal, regional and municipal structures and managerial positions. It notes the Government’s indications that almost all of the legislative instruments required for the effective functioning of the labour inspection have now been adopted and that they are currently under examination to assess whether they give full effect to the Articles of the Convention. In this regard, the Committee notes the copies in Russian of the various laws and regulations governing the work of the Rostrud, which were attached to the Government’s report. The Committee asks the Government to provide information on the outcome of the assessment of the conformity of national laws and regulations with the Convention and to indicate the specific provisions of the relevant national legislation that give effect to the Articles of the Convention, if possible in one of the working languages of the ILO.

Articles 2(1), 3(1), 16, 17 and 23 of the Convention. Labour inspection activities relating to the protection of workers. In its previous observation, the Committee noted the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2758 (365th Report, November 2012) relating to the investigation of anti-union persecution in the Russian Federation by the competent authorities, including the labour inspectorate. The Committee further recalls its previous observations under the Forced Labour Convention, 1930 (No. 29), in which it noted that, according to the International Trade Union Confederation (ITUC), thousands of persons are trafficked from the Russian Federation to other countries and internal trafficking within the Russian Federation also reportedly takes place. The Committee notes the information provided by the Government in relation to the activities of the Rostrud in the area of child labour, as well as its indications that no cases of discrimination or infringements of freedom of association have been detected. The Committee once again requests the Government to indicate the measures taken during the period covered by the next report, for the enforcement of the legal provisions pertaining to fundamental rights at work, including equality and non discrimination, freedom of association and the eradication of forced labour, as well as the results achieved.

Articles 3(1), 10, 11 and 16. Number and functions of labour inspectors, material resources at their disposal and impact of the labour inspection system. The Committee recalls that it previously noted the positive impact of the work of the Rostrud on the overall situation of compliance with labour law. The Committee also noted, however, that the number of labour inspectors (which was 2,852 as at 31 December 2010) appears to have decreased by 14 per cent since 2003, and by 31 per cent since 1995.

The Committee notes the Government’s reference to a decrease in the number of staff of the Rostrud by 9 per cent between 2011 and 2012, in application of Presidential Decree No. 165 of December 2012 on “optimizing the numbers of federal civil servants and employees in federal state bodies”. The Government indicates that the limited number of staff continues to affect significantly the results and quality of the work of the Rostrud, with the average number of workplaces per inspector being 3,000 (as at the end of 2012). According to the Government, the lack of labour inspectors does not allow regular inspection to be conducted (not even at a rate of one inspection per enterprise every ten years), nor unplanned inspections to be carried out.

In light of the Committee’s previous observations on the insufficiency of the transport facilities available for the effective discharge of the functions of labour inspection and the long distances labour inspectors have to travel to cover workplaces in the country, including in remote regions, the Committee notes with interest that 211 new vehicles have been purchased, thereby increasing the number available from 324 in 2010 to 535 in 2012. It further notes the Government’s indications that the expenses of inspectors while on duty are reimbursed in accordance with Presidential Decree No. 813 of 18 July 2005 on “The procedure and conditions for duty travel by federal civil servants”. Labour inspectors receive an advance payment covering most of their travel expenses, and the remaining expenses are reimbursed after submission of a report on the expenses incurred. The Committee once again asks the Government to provide information on any steps taken or envisaged to meet the needs of the labour inspection system in terms of human resources in light of the number of workplaces liable to inspection and the number of workers employed therein, and to provide further information on the categories, geographical distribution and fields of specialization of labour inspectors in service. The Committee welcomes the improvement in the transport facilities available to labour inspectors and requests the Government to indicate whether it envisages any further measures to improve the material resources at the disposal of labour inspectors.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes that the Government lists in detail the multiple functions that are entrusted to labour inspectors (including controlling the restrictions laid down annually by the Government on the use of foreign labour, the legal status of foreign workers, etc.), but that it does not provide any explanation of the functions entrusted to labour inspectors in the areas of employment promotion, protection from unemployment and “internal migration”, as well as the settlement of collective labour disputes. The Committee refers to paragraph 69 of its 2006 General Survey on labour inspection, in which it emphasizes that the primary duties of inspectors are complex and require time and resources. In this respect, Article 3(2) provides that any further duties entrusted to labour inspectors should not be such as to interfere with the effective discharge of their primary duties (that is, to secure the enforcement of legislation on conditions of work and the protection of workers and to provide advice to employers and workers). The Committee once again asks the Government to provide clarifications on the functions carried out by labour inspectors relating to “internal migration”, protection from unemployment and the settlement of collective labour disputes. Where appropriate, the Committee requests the Government to indicate any steps taken or envisaged to ensure that these functions do not interfere with the effective discharge of the primary duties of labour inspectors.

Articles 5(a), 17 and 18. Cooperation with the judicial system and enforcement of penalties for violation of the legal provisions enforceable by labour inspectors. The Committee notes the Government’s detailed explanations concerning the procedures to be followed by labour inspectors in cases of non-compliance with the law, including the requirement to submit cases to the investigatory authorities and the relevant procedure to be followed if a case is considered a violation to certain provisions of the national Criminal Code. It notes the Government’s indications – with regard to its previous observation on the discrepancy between the cases reported, the criminal investigations initiated and the number of convictions – that the underlying causes of this discrepancy have to be assessed and appropriate steps taken, such as improving the capacities of labour inspectors or introducing amendments to the law.

The Committee further notes that, despite its repeated requests in this regard, the Government has still not indicated the legal provisions adopted for the implementation of sections 362 (responsibility for infringements of labour legislation), 363 (responsibility for obstructing the activities of state labour inspectors) and 419 (types of responsibility for infringement of the labour legislation) of the Labour Code. Referring once again to its general observation of 2007, the Committee asks the Government to report on the outcome of the above assessment concerning the discrepancy between the cases reported, the criminal investigations initiated and the number of convictions, and to indicate any measures taken or envisaged to reinforce cooperation between the labour inspection services and the justice system, for instance through the creation of a system for the recording of judicial decisions that is accessible to the labour inspectorate, joint training sessions with representatives of the judiciary, etc.

The Committee requests the Government to indicate the legal provisions adopted for the implementation of sections 362, 363 and 419 of the Labour Code, to specify the sanctions applicable for violations of labour law provisions and to provide the Office with a copy of the relevant legislative texts, if possible in one of the working languages of the ILO.

Article 12(1)(c)(i). Powers of investigation. The Committee previously noted that according to section 357 of the Labour Code, labour inspectors have the right to interrogate, alone or in the presence of witnesses, the employer or his/her representative on any matter related to the labour inspector’s visit and that, under section 229 of the Labour Code, staff may be interrogated only in cases of the investigation of accidents at the workplace. Following the repeated comments of the Committee, which indicated that Article 12(1)(c)(i) does not confine the labour inspectors’ right to interrogate staff to cases of accidents, the Committee notes the Government’s indications, according to which it is considering reviewing the above provisions with a view to extending the power of labour inspectors to interrogate the employer and staff on any matters concerning the application of labour legislation. The Committee hopes that the Government will not fail to take the necessary measures in the near future to bring the legislation into compliance with Article 12 of the Convention and that it will keep the ILO informed of progress achieved to this end.

Article 14. Notification of cases of occupational diseases to the labour inspectorate. The Committee previously noted that the annual labour inspection reports of the Rostrud did not seem to contain any statistics on cases of occupational diseases and that the Labour Code does not seem to contain any provision requiring the notification of cases of occupational disease to the labour inspection services. In this regard, the Committee notes the Government’s indications that information on cases of occupational diseases is not notified to the Rostrud, but to the Federal Service responsible for the protection of consumer and welfare rights, which does not appear to inform the Rostrud systematically, but only upon request. The Committee would once again like to draw the Government’s attention to paragraph 118 of the 2006 General Survey on labour inspection, in which it emphasized the importance of establishing a systematic information mechanism to enable the labour inspectorate to have access to the data necessary to determine which activities present a risk and the categories of workers most at risk, and to investigate the causes of industrial accidents and cases of occupational diseases in enterprises under its control. The Committee once again requests the Government to take steps to ensure that the national legislation establishes the conditions and the manner in which cases of occupational disease should be notified to the labour inspectorate. In this regard, it recalls that the ILO code of practice on the recording and notification of occupational accidents and cases of occupational disease offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

With reference to its observation, the Committee would also like to raise the following points.

Articles 3, 5(b), 13, 14, 16, 17 and 18 of the Convention. Collaboration with trade union labour inspectors in the performance of labour inspection functions. The Committee notes from the Government’s report received in 2009 that of the total number of 228,000 inspection visits carried out by the labour inspectorate, more than 10,100 inspections were carried out jointly with representatives of trade unions. According to section 370 of the national Labour Code, trade unions may create legal and technical inspectorates in order to monitor compliance with legal provisions relating to conditions of work and the protection of workers, and have the right to conduct independent expert reviews of working conditions and provisions relating to occupational safety and health (OSH), take part in investigations relating to industrial accidents or cases of occupational disease, ask for the suspension of operations in the case of an imminent threat to the lives and health of workers, have recourse to the competent authorities and present demands that guilty persons be held accountable for violations of the labour legislation, etc. Section 370 also provides that “in exercising the indicated powers, trade unions and their labour inspectorates shall work with the federal executive governmental body empowered to exercise state supervision and control over the observance of the labour legislation and other normative legal acts containing norms of labour law, its territorial bodies, other federal executive governmental bodies charged with the functions of control and supervision in the established area of activity”. The Committee further notes that according to article 230 of the National Labour Code, as a rule, the additional investigation involves the participation of a trade union labour inspector and, where necessary, representatives of the relevant federal executive governmental body charged with the functions of control and supervision in the established area of activity and the executive body of the insurer (at the place of registration of the employer as an insured). According to the results of the additional investigation the state labour inspector shall draw up a statement on the industrial accident and issue a prescription binding on the employer (a representative thereof). The Committee requests the Government to provide details on the conditions and modalities under which the labour inspection collaborates with the legal and technical labour inspection bodies of the trade unions and the impact of this collaboration in relation to the enforcement of legal provisions on the conditions of work and the protection of workers and the prevention of industrial accidents and cases of occupational disease.

Article 5(a). Regional coordination and cooperation in the area of labour inspection. The Committee notes the information provided by the Regional Office ILO Moscow DWT/CO that representatives of state labour inspections from Russia, Armenia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Ukraine, Mongolia and the International Association of Labour Inspections (IALI) signed a declaration, within the framework of the international conference of labour inspections of the Commonwealth of Independent States (CIS) and other countries in Moscow on 10 June 2012, to set up the Regional Alliance of Labour Inspections (RALI) of the CIS and Mongolia. It notes that RALI is aimed at reducing occupational accidents and diseases, exchanging regular experience of ensuring safe working conditions and occupational safety, assisting member states in resolving trans-border problems and developing effective data exchange systems for labour inspections of the alliance’s member states and other countries. The Committee would be grateful if the Government would keep the ILO informed on the activities carried out by the labour inspectorate within the framework of the RALI, as well as any impact these activities may have on the application of the Convention. Please also send a copy of any cooperation agreement concluded in this framework.

Article 5(a) and (b). Cooperation and collaboration at the national level. The Committee notes with interest from the Government’s report that, in conformity with Government Decree No. 275 of 5 December 2005, inter-agency committees have been established throughout the country for the protection of workers who face arrears of wages. These committees, which are composed of representatives of the labour inspectorate, public prosecutor’s offices and federal tax services, the financial control organ “Rosfinnadzor”, pension and social security offices, the federal treasury, the directorate of internal affairs for the suppression of economic offenses and representatives of workers’ and employers’ organizations, are not only charged with the elaboration and pursuit of measures and actions aimed at bringing wage arrears to an end, but also provide for the legalisation of wages paid informally. The Committee also notes the information on the progress made in terms of recovery of wages in the Government’s report. The Committee requests the Government to continue to provide information on measures undertaken in order to promote effective cooperation between the labour inspectorate and other public bodies and the social partners, and on the results achieved, as well as a copy of any relevant documentation.

Furthermore, as the Government has only partially replied to the matters raised in its previous direct request, the Committee is bound to repeat its previous comment which read as follows:

Article 7. Qualifications and training of labour inspectors. The Committee would be grateful if the Government would provide detailed information on the means of ascertaining qualifications of labour inspectors by the competent authority. It also requests the Government to describe the initial training provided to labour inspectors at the time of their appointment and give details on the content of any periodic or ad hoc based trainings organized for labour inspectors, the assistance, and the impact of such training sessions on the results of the labour inspection activities performed during the period covered by the next Government report.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Parts I and V of the report form. Legislation and general appreciation of the application of the Convention. The Committee notes that following a restructuring in 2004, the labour inspectorate has been operating within the Federal Service on Labour and Employment (Rostrud) established under the auspices of the Ministry of Health and Social Development. In reply to the Committee’s previous requests, the Government indicates in its latest report, that Rostrud operates in the framework of the National Labour Code, the Code of Administrative Offenses, the Federal Law No. 134-Ø3 of 8 August 2001 on the protection of the rights of legal entities and individual entrepreneurs during inspections, Governmental Decree No. 324 of 30 June 2004 on the status of the Rostrud and Governmental Decree No. 156 of 6 April 2004 on the model regulations for territorial authorities of the Rostrud, approved by Ministerial Order No. 378n of July 2009, and the regulations for the territorial authorities of the Rostrud relating to state labour inspections in the constituent units of the Russian Federation. The Committee asks the Government to provide an organizational chart of the labour inspection system and, once again, to:

• (a) provide a copy of the above documents of a legislative, regulatory or administrative nature relating to the matters covered by the Convention (including a copy of the current version of Governmental Decree No. 324 on Rostrud, the model regulations for territorial authorities of the Rostrud, approved by Ministerial Order No. 378n of July 2009, the regulations for the territorial authorities of the Rostrud relating to state labour inspections in the constituent units of the Russian Federation and of any applicable texts setting out the functions of labour inspectors);
• (b) give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports and information on any practical difficulties encountered in its application; and
• (c) indicate whether employers’ and/or workers’ organizations have made any comments on the application of this Convention and, if so, transmit them to the ILO.

Articles 2(1), 3(1), 16, 17 and 23 of the Convention. Labour inspection activities relating to the protection of workers. The Committee notes the reference in the Government’s report to the cases of child labour detected, although it does not provide any statistics or information on the activities of the labour inspection services in this regard. The Committee also notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2758 (365th Report, November 2012) relating to the investigation of anti-union persecution by the competent authorities including the labour inspectorate, in the Russian Federation, as well as the decision of the European Court of Human Rights in Rantsev v. Cyprus and Russia (Application No. 25965/04) on the obligation to prevent trafficking and protect victims, including the obligation to investigate situations of potential human trafficking. The Committee requests the Government to indicate the measures taken to enforce the legal provisions pertaining to fundamental rights at work, including equality and non-discrimination, freedom of association, the eradication of forced labour practices and child labour, as well as the results achieved. Please also include relevant statistics in the annual report of the labour inspectorate.

Articles 3(1), 8, 10, 11 and 16. Number and functions of labour inspectors, material resources at their disposal, and impact of the labour inspection system. The Committee notes from the information provided in the activity report of the Rostrud for 2010 (available in Russian on its website www.rostrud.ru), that of the 3,666 people that worked within the services of the Rostrud as at 31 December 2010, 2,852 were officials authorized to carry out state supervision and control over observance of laws and regulations on labour, i.e. 1,251 labour inspectors in the area of labour legislation and 1,601 in the area of occupational safety and health (OSH). These labour inspectors carried out a total number of 183,435 inspections of which 89,000 related to OSH.

The Committee notes with interest that the Government’s report refers to the positive impact of the work of the federal labour inspection service on the overall state of compliance with the requirements of labour law in workplaces. For instance, according to the Federal State Statistical Service (Rosstat), on 1 January 2011 the total outstanding wage arrears amounted to 2.4 billion roubles (RUB), a drop of RUB 827 million or 25.6 per cent, by comparison to 1 December 2010, and almost 33 per cent by comparison to the beginning of 2010. The Government emphasizes that this is the lowest recorded figure for wage arrears in the Russian Federation for the past ten years and adds that in 2010, employers had settled wage arrears owed to 632,000 workers, amounting to over RUB9 billion. Positive trends were also noted in the absolute numbers of serious accidents at work, including fatal accidents which decreased to a total of 10,295 in 2010 from 10,809 in 2009. The total number of fatalities fell by 2.5 per cent. Employers rescinded 1,543 unlawful dismissals and over 2,300 unlawfully imposed disciplinary sanctions. Over 2,000 sets of equipment were stopped and 170 workplaces were temporarily shutdown pending correction for defects posing a risk to workers’ lives and health. The relative number of breaches of labour law identified by inspectors on average during a single inspection fell by 11.5 per cent in 2010 by comparison to 2009, which can be seen, according to the Government, as a positive sign of the effectiveness of the steps taken to prevent infringements of the law in the workplace.

The Committee also notes, however, that the number of labour inspectors appears to have decreased by 14 per cent since 2003, and by 31 per cent since 1995 while the total number of undertakings liable to inspection amounted to 8,171,000 in 2010, which means that the workplaces actually inspected were 2.4 per cent of the total. Moreover, the material resources (e.g. 324 cars) available for the 82 regional inspection offices throughout the country do not appear to be sufficient for the effective discharge of the functions of the labour inspection, especially in remote regions.

In the light of the important socio-economic role performed by labour inspection and the positive results produced during the reporting period, the Committee would be grateful if the Government would provide detailed information on any steps taken or envisaged in order to meet the needs of the labour inspection system in terms of human resources in the light of the number of workplaces liable to inspection and the number of workers employed therein and to provide further information on the category, geographical distribution, fields of specialization of labour inspectors in service. Finally, the Committee once again requests the Government to indicate the proportion of women in the labour inspection staff at all levels of responsibility and, where appropriate, the special tasks assigned to men and women inspectors, respectively.

The Committee also requests the Government to indicate any measures taken or envisaged in order to improve the material resources at the disposal of labour inspectors, in particular transport facilities to enable the effective inspection of remote workplaces. It also requests the Government once again, to communicate any legislative text concerning the reimbursement to labour inspectors of travel expenses incurred in the performance of their duties, as well as a copy of a reimbursement form and information on the average length of procedures for reimbursement.

Article 3(1)(b). Preventive activities by the labour inspection services. The Committee notes with interest the reference in the Government’s report to various activities relating to the provision of information and advice on labour legislation and labour rights by the labour inspection services of the Rostrud throughout its territorial structure to citizens, employers and workers and their organizations, the public administration and the public at large. In this regard, the Government refers, for example, to the provision of advice through a dedicated hotline, the conduct of a very large number of symposia, periodic campaigns and awareness-raising activities on current issues through media and modern technologies and online conferences. It also notes that workers and employers may post questions and receive detailed answers on the website of the Rostrud. The Government is asked to provide details on the preventive activities carried out by the labour inspection services, especially vis-à-vis small and medium-sized enterprises, including information on the number of questions answered, the subjects covered and the impact of these activities on compliance with the legal provisions relating to conditions of work and the protection of workers.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes that under the terms of Governmental Decree No. 324 of 30 June 2004 on the status of the Rostrud, the Rostrud is entrusted with multiple functions, among others, with the provision of services in the areas of employment promotion, protection from unemployment and “internal migration” as well as the settlement of collective labour disputes. The Committee refers to paragraph 69 of its 2006 General Survey on labour inspection where it underlined that the primary duties of inspectors are complex and require time and resources; in this respect, Article 3(2) stipulates that any further duties which are entrusted to labour inspectors should not be such as to interfere with the effective discharge of their primary duties (enforcement and advice). The Committee would be grateful if the Government would provide clarifications on the functions carried out by labour inspectors and, in particular, whether they are entrusted with additional tasks other than those relating to advisory and enforcement functions as provided for in Article 3(1)(a) and (b) of the Convention, such as for instance, “internal migration”, protection from unemployment and the settlement of collective labour disputes. If that is the case, the Committee requests the Government to indicate any steps taken or envisaged to dissociate these functions from the primary duties of labour inspectors so that they can devote themselves more fully to securing the enforcement of legislation on conditions of work and the protection of workers.

Articles 5(a), 17 and 18. Cooperation with the justice system and enforcement of penalties for violation of legal provisions enforceable by labour inspectors. The Committee notes from the Government’s report that a large number of cases submitted to the Public Prosecutor’s Office by the labour inspection (14,700 in 2008 and 12,700 in 2010) related to sections 143, 145 and 145.1 of the national Labour Code concerning industrial accidents resulting from negligence of provisions on protective measures, non-payment of wages and other benefits, and dismissal of women protected by provisions on maternity. Nevertheless, the Committee notes a discrepancy between the cases reported, the criminal investigations initiated and the number of convictions pronounced. In 2008, for instance, 13,756 cases reported on investigations on industrial accidents resulted in 277 criminal investigations and the conviction of 50 persons; 924 cases on the non-payment of wages or other benefits resulted in 23 criminal investigations and the conviction of eight persons.

The Committee further notes in this regard that despite its repeated requests since 2004, the Government has still not sent a copy of any legal provisions adopted for the implementation of sections 362 (responsibility for infringements of the labour legislation), 363 (responsibility for obstructing the activities of state labour inspectors) and 419 (types of responsibility for infringement of the labour legislation) of the national Labour Code.

With reference to its general observation of 2007, where it emphasized the importance of effective cooperation with the justice system in order to achieve the effective enforcement of the legal provisions relating to conditions of work and the protection of workers as required by Article 3(1)(a) of the Convention, the Committee asks the Government to describe the procedure to be followed by labour inspectors in the case of detected violations of labour legislation, particularly in relation to wage payment, OSH and non-discrimination and to indicate any steps taken or envisaged so as to enhance the cooperation between the labour inspection services and the judicial authorities. It also once again requests the Government to provide a copy of any relevant legislative texts in their current versions, including the previously requested texts adopted for the implementation of sections 362, 363 and 419, and to specify the sanctions applicable for violations of labour law provisions.

Article 12(1)(c)(i). Investigation powers. The Committee notes that the Government does not provide a reply to its previous comments on this question. In its previous report, the Government had indicated that, pursuant to section 357 of the Labour Code, labour inspectors have the right to interrogate, alone or in the presence of witnesses, the employer or his/her representative on any matter related to the labour inspector’s visit and that according to section 229 of the Labour Code, staff may be interrogated only in case of the investigation of accidents at the workplace. The Committee once again notes that Article 12(1)(c)(i) of the Convention does not limit labour inspectors’ right to interrogate staff in cases of accidents and that this right forms part of the labour inspectors broader power “to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed”. Consequently, the Committee requests the Government to take, in the near future, the necessary measures aimed at bringing the legislation into compliance with Article 12 and keep the ILO informed of progress achieved to this end.

Article 14. Notification of cases of occupational disease to the labour inspectorate. The Committee notes with interest that according to the Government’s report, in 2010, 17,800 workplaces were inspected to ensure compliance with the established procedure for the reporting and investigation of industrial accidents, as a result of which over 37,000 breaches of procedure of various kinds were identified and 1,686 unreported accidents were discovered and properly investigated, including 55 collective incidents, 1,023 serious accidents and 326 fatal accidents.

The Committee also notes, however, that while the activity report of the Rostrud for 2010 contains statistics of industrial accidents, it does not seem to contain information on cases of occupational disease. The national Labour Code does not seem to contain any provision stipulating the need to notify cases of occupational disease to the labour inspection services (in its report of 2007, the Government referred to articles 228–230 of the national Labour Code, and indicated that there were accompanying documents and guidelines for the reporting and investigation of industrial accidents only). The Committee would like to draw the Government’s attention to paragraph 118 of the 2006 General Survey on labour inspection, in which it emphasized the importance of establishing a systematic information mechanism to enable the labour inspectorate to have access to the data necessary to determine which activities present a risk and the categories of workers most at risk, and to investigate both the causes of occupational accidents and diseases in workplaces and enterprises under its control. In this regard, it also wishes to draw the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and cases of occupational disease which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action (available at www.ilo.org/safework/info/standards-and-instruments/codes/WCMS_107800/lang--en/index.htm). The Committee requests the Government to indicate the steps taken to ensure that national legislation provides for the conditions and the manner in which cases of occupational disease should be notified to the labour inspectorate. The Committee also asks the Government to provide information on whether labour inspectors inform employers and workers about the importance of notifying industrial accidents and cases of occupational disease so as to encourage compliance with the relevant legal provisions in pursuance of Article 3(1)(b). In addition, the Committee draws the attention of the Government to Paragraphs 6 and 7 of the Labour Inspection Recommendation, 1947 (No. 81) on the collaboration of employers and workers in regard to health and safety.

Articles 20 and 21 of the Convention. Publication and communication to the ILO of the annual report on labour inspection activities. The Committee notes that the Government has again not communicated an annual report on the work of the labour inspection services. It notes however that the activity reports of the Rostrud, of which the Russian labour inspectorate is part, are regularly published online at www.rostrud.ru. Furthermore, the Committee notes that the Government, in the reports communicated in 2009–10, refers to laws and regulations relevant to the supervisory and inspection work of the Rostrud; and contains some information on the number of the staff of the labour inspection service; statistics of inspection visits; statistics of violations and penalties imposed, as well as statistics of industrial accidents. The Committee would be grateful if the Government would indicate any steps taken or envisaged in order to publish a consolidated labour inspection report containing detailed information on all the items listed in Article 21(a)–(g) of the Convention, and ensure its regular transmission to the ILO, as required by Article 20(3) of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Also referring to its observation, the Committee would like to draw the Government’s attention to the following issues.

Article 4 of the Convention. Supervision and control of the labour inspection services by a central authority. According to the report received in 2007, the supervision and control of labour inspection under the Russian legislation is assigned to the Federal Labour and Employment Service. The Committee would be grateful if the Government would specify and communicate to the ILO a copy of the legislation mentioned.

Article 5(a) and (b). Promotion of appropriate cooperation and collaboration for the proper functioning of the labour inspection system. The Committee would be grateful if the Government would communicate to the ILO detailed information on any measures undertaken in order to promote effective co-operation between the labour inspection services and other governmental or non-governmental bodies and collaboration between officials of the labour inspectorate and employers and workers or their organizations, and on the results achieved, as well as copy of any relevant documentation.

The Committee also asks the Government to supply any periodical inspection report or extract thereof, any joint report prepared by the inspection services with the health services, the Mines Inspection Agency or the Nuclear Control Agency, or working session report of any advisory body, illustrating the manner in which effect is given, in practice, to the abovementioned provisions during the period covered by the next report.

Article 7. Qualifications and training of labour inspectors. The Committee would be grateful if the Government would provide detailed information on the means of ascertaining qualifications of labour inspectors by the competent authority. It also requests the Government to describe the initial training provided to labour inspectors at the time of their appointment and give details on the content of any periodic or ad hoc based trainings organized for labour inspectors, the assistance, and the impact of such training sessions on the results of the labour inspection activities performed during the period covered by the next Government report.

Article 11. Transport facilities and reimbursement of incidental travelling expenses. The Committee would be grateful if the Government would describe the transport facilities available to the various regional inspection offices and to communicate to the ILO a copy of Order No. 148 of the Ministry of Labour and Social Development of 5 June 2000 or of any further legal provision concerning the reimbursement to labour inspectors of travel expenses incurred in the performance of their duties.

Article 12, paragraph 1(c)(i). Investigation powers. In its previous report, the Government indicated that, pursuant to article 229 of the Labour Code, labour inspectors have the right to interrogate, alone or in the presence of witnesses, the employer or his representative on any matter related to the labour inspection’s visit and that staff may be interrogated only in case of the investigation of accidents at the workplace. The Committee would like to bring to the attention of the Government that Article 12(1)(c)(i), of the Convention does not limit labour inspectors’ right to interrogate staff of cases of accidents and that this right forms part of the labour inspectors broader power “to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions [of the Convention] are being strictly observed”. Consequently, the Committee requests the Government to take, in the near future, the necessary measures aimed at bringing the legislation in compliance with Article 12 and keep the ILO duly informed of progress achieved to this end.

Articles 17 and 18. Prosecution and penalties for violation of legislation. The Committee would be grateful if the Government would send a copy of any legal provision adopted to apply sections 362 (responsibility for infringement of the labour legislation and other legal rules containing rules of the labour law), 363 (responsibility for obstructing the activities of state labour inspectors), and 419 (types of responsibility for infringement of the labour legislation) of the Labour Code and, if possible, to summarize the substance thereof in its report.

Parts V and VI of the report form. The Committee would be grateful if the Government would give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports and information on any practical difficulties encountered in its application. Please also indicate whether employers’ and/or workers’ organizations have made any comments on the application of this Convention and, if so, to transmit them to the ILO.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report received in October 2008 containing a partial reply to its previous comments. In order to assess more accurately the effect given to the Convention in law and in practice, it requests the Government to supplement the information provided on the following points.

Legislation. The Committee once again requests the Government to provide a copy of the Ministry of Labour and Social Development Orders Nos 1035 of 9 September 1999, 73 of 24 October 2002, 909-K and 378-RK of 29 October 1999, 143 of 9 July 2002 and Act No. 53-FZ of 20 May 2002 and to provide in its report information on the substance of the provisions of each of these texts. Furthermore, the Committee asks the Government to provide a copy of the Statute of the Federal Labour and Employment Service, approved by the Ordinance of the Government of the Russian Federation of 30 June 2004, No. 324, which has still not been received by the ILO.

The Committee would also be grateful if the Government would supply a copy of any document of a legislative, regulatory or administrative nature relating to the matters covered by the Convention.

Articles 8 and 10 of the Convention. Composition and geographical distribution of the labour inspection staff. Referring to its previous direct request, the Committee once again asks the Government to indicate the proportion of women in the labour inspection staff at all levels of responsibility and to indicate, where appropriate, the special tasks assigned to men and women inspectors, respectively, as well as the geographical distribution of labour inspectors, the number of workplaces liable to inspection and the number of persons employed therein.

Articles 16 and 19. Coverage, frequency and thoroughness of inspections. In the absence of any report from the Federal Labour Inspectorate, the Government is asked to provide any available statistics and other data concerning the inspection of workplaces throughout the country (number, categories of private and publicly managed enterprises, activities exercised and the number of workers occupied therein, as well as types and frequency of inspections).

The Committee once again requests the Government to provide copies of inspection reports for publicly managed organizations and private establishments.

Articles 20 and 21. Publication and communication to the ILO of the annual report on labour inspection activities. The Committee notes that the report of the Federal Labour Inspectorate for 2007, indicated as being attached to the Government’s report for 2008, has not been received by the ILO. The Committee would be grateful if the Government would provide the above report, together with any subsequent annual reports, and if it would inform the ILO of the manner in which such reports are published.

Labour inspection activities relating to child labour. With reference to its 2007 observation under the Minimum Age Convention, 1973 (No. 138), the Committee would be grateful if the Government would take appropriate measures to ensure that the annual report of the Federal Labour Inspectorate contains statistics on activities to enforce the legal provisions pertaining to child labour in industrial and commercial workplaces. It also requests the Government to indicate the measures undertaken to this effect, any difficulties encountered and the progress achieved.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with interest the Government’s report received in January 2007 containing detailed information on the manner in which effect is given to the Convention. In order for the Committee to be able to assess the level of application of the Convention in both law and practice, it would be grateful if the Government would supplement that information by providing particulars in response to its previous request concerning the following points:

–      Article 8 of the Convention: the proportion of women within the labour inspection staff at each level of responsibility and the special tasks assigned to them, if any;

–      Articles 10 and 21(c): the geographical distribution of labour inspectors, the number of workplaces liable to inspection and the number of persons employed therein;

–      Article 11: the distribution of vehicles among the various regional inspection offices and the communication of Order No. 148 of the Ministry of Labour and Social Development of 5 June 2000 concerning the reimbursement of labour inspectors in respect of travel expenses incurred in the performance of their duties;

–      Article 12, paragraph 1(a): the extent of the labour inspector’s right to enter at night workplaces liable to inspection, including outside the normal hours of work of those workplaces;

–      Article 12, paragraph 1(c)(i): the labour inspector’s right to interrogate, either alone or in the presence of witnesses, the employer or his representative and the staff of the undertaking on any matters relating to the labour inspection visit;

–      Article 18: the adoption of regulatory texts to apply the provisions of sections 262, 263 and 419 of the Labour Code, with an indication of the substance of any such texts;

–      Articles 20 and 21: the obligation of the central inspection authority to publish and communicate to the ILO an annual activity report containing the information required under Article 21, clauses (a) to (g), including on inspection activities relating to combating child labour;

–      Part V of the report form: the obligation to communicate to the representative organizations of employers and workers a copy of the Government’s report on the application of the Convention, in accordance with article 23, paragraph 2, of the ILO Constitution.

Moreover, the Committee would be grateful if the Government would provide copies of any document of a legislative, regulatory or administrative nature, any periodical inspection report or extract thereof, any joint report prepared by the inspection services with the health services, Mines Inspection Agency or Nuclear Control Agency, or of any advisory body working session report concerning the matters covered by the Convention, illustrating the manner in which effect is given, in practice, to the abovementioned provisions. The Government is also requested to indicate whether comments on the manner in which the Convention is applied have been formulated by employers’ and workers’ organizations and, if so, to communicate a copy thereof.

Articles 12, 13 and 19. Finally, the Committee asks the Government to provide copies of inspection reports concerning publicly managed establishments, as well as establishments managed by private employers.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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.

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

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.