Effect given to the recommendations of the committee and the Governing Body - Report No 375, June 2015

Case No 2758 (Russian Federation) - Complaint date: 20-JAN-10 - Follow-up

Effect given to the recommendations of the Committee and the Governing Body

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