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

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.

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

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

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

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

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report received on 6 October 2010.

Part I of the report form. Legislation. The Committee again requests the Government to send the Office copies of the Federal Acts listed below, so that it can assess the implementation of the Convention in terms of the legislation: Federal Act No. 97-FZ of 24 July 2002; No. 116-FZ of 25 July 2002; the Federal Act of 30 June 2003; No. 32-FZ of 27 April 2004; No. 122-FZ of 22 August 2004; No. 201-FZ of 29 December 2004; No. 45-FZ of 9 May 2005; and No. 90-FZ of 30 June 2006, and also the amendments introduced by Decision No. 213-O of 11 July 2006 of the Constitutional Court of the Russian Federation. The Committee would also be grateful if the Government would send a copy of Presidential Decree No. 314 of 9 March 2004 concerning the system and structure of the federal executive bodies, as amended by Presidential Decree No. 295 of 15 March 2005.

Article 4 of the Convention and structure of the labour administration system. Coordination of its functions. The Committee again requests the Government to supply information on the steps taken to ensure the effective operation of the labour administration system and the proper coordination of its functions and responsibilities. The Committee would also be grateful if the Government would send a copy of the organization chart of the labour administration system, so that it can have an overview of its structure at central, regional and local levels.

Articles 5 and 6. Consultations, cooperation and tripartite negotiations within the labour administration system and preparation, implementation, monitoring and evaluation of national labour policy. The Committee notes the Government’s statement that the Tripartite Commission for the Regulation of Industrial Relations and Labour (RTC) established pursuant to Federal Act No. 92-FZ of 1 May 1999 discharges various functions, including the negotiation of a general agreement between the Government and the national federations of workers and employers, and holds consultations on the preparation of draft Federal Acts concerning social matters and on federal programmes in the fields of labour, employment, migration and social security. The Government indicates that the RTC is in process of drawing up the draft general agreement for 2011–13, which will replace the agreement of 2008–10. The latter contained components relating to the following economic policy; wages, income and standard of living; development of the labour market and promotion of employment; social security, social protection and social sectors; working conditions, occupational safety and health and industrial and environmental safety; social and economic questions relating to the development of the northern regions of the Russian Federation; social partnership and coordination of the activities of the parties participating in the agreement. The Government also points out that all the constituent units of the Federation have set up tripartite commissions similar to the RTC. Noting that, according to the Government, the Government coordinator of the RTC is the Deputy Prime Minister, the Committee requests the Government to supply detailed information on the participation in the RTC of bodies and institutions that form part of the labour administration, and also on their role in the formulation and implementation of policies drawn up therein relating to the labour market, promotion of employment, wages, social security, working conditions, occupational safety and health, social partnership, etc. The Government is also requested to send a copy of the text of the General Agreement 2011–13 and indicate the impact of this agreement and its implementation on the application of the Convention. The Committee would also be grateful if the Government would send a report or any other periodic information on the work of the RTC.

Part IV. The Committee requests the Government to send any observations it considers relevant on the manner in which the Convention is applied, including, for example, extracts from any reports or other periodic information provided by the principle labour administration services, and referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158).

Part VI. The Committee requests the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23(2) of the ILO Constitution. If no copies of the report have been sent to the abovementioned organizations, the Government is requested to supply information on any circumstances that might explain this omission.

[The Government is asked to reply in detail to the present comments in 2013.]

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

The Committee notes the Government’s report received in January 2007 and observes that numerous institutional and legislative amendments have affected the structure and the functioning of the labour administration system during the period covered.

Part I of the report form. Applicable legislation. As the  Government has sent neither the appendices announced in its report nor other texts which are referred to, despite a letter sent to it by the International Labour Office on 11 April 2007, the Committee hopes that the Government will do so with its next report, to enable it to examine the extent to which the Convention is applied in law. The following Federal Acts are concerned: No. 97-FZ of 24 July 2002; No. 116-FZ of 25 July 2002; the Federal Act of 30 June 2003; No. 32-FZ of 27 April 2004; No. 122-FZ of 22 August 2004; No. 201-FZ of 29 December 2004; No. 45-FZ of 9 May 2005; No. 90-FZ of 30 June 2006; and also the amendments introduced by Decision No. 213-O of 11 July 2006 of the Constitutional Court of the Russian Federation.

Article 4 of the Convention. Coordination of the functions and responsibilities of the labour administration system. The Committee would be grateful if the Government would also communicate information on any developments concerning the manner in which effect is given in practice to legal provisions relating to the coordination of the functions and responsibilities of the labour administration system with regard to the implementation of the national labour policy.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first report. While noting with interest that the legislation that is in force, including the new Labour Code, gives effect in law to most of the provisions of the Convention, the Committee would be grateful if the Government would provide additional information on the following points.

Article 5 of the Convention. Please indicate the areas that are covered by consultations, cooperation and negotiations between the public authorities and organizations of employers and workers or their representatives (paragraph 1) and whether, and if so in what manner, consultations, cooperation and negotiations are also ensured at the regional and local levels (paragraph 2).

Article 6, paragraph 2. Please indicate the measures adopted to promote consultation and cooperation within the system of labour administration between the social partners (point (c)) and provide examples of the manner in which technical advisory services are made available to employers’ and workers’ organizations (point (d)).

Article 10. Please specify whether the rules applicable to the composition of the staff (their number and level) of the central labour administration and the provision of the resources necessary for the performance of their duties also apply to the human and material resources of external services and provide the relevant information.