Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Russian Federation (Ratification: 1956)

1. The Committee notes that the Law on public associations of 16 October 1990 recognises, in section 9, the right of foreigners or stateless persons to join public associations only if the statutes of such associations so provide.

The Committee asks the Government to indicate whether the Law on trade unions of 10 December 1990 is to be interpreted in the light of this provision or whether it applies to all workers without distinction, particularly as to nationality.

2. With reference to the Law on the settlement of collective labour disputes of 9 October 1990, the Committee:

(a) asks the Government to indicate whether the arbitration procedure provided for in section 3 is applied upon agreement of the two parties concerned or at the initiative of one of the two parties;

(b) draws the Government's attention to the fact that the requirement of a two-thirds majority of the votes of the members of the collective concerned or of the delegates to the assembly can constitute an obstacle to the calling of a strike (section 7); it asks the Government to indicate whether the majority in question is a majority of the total membership of the collective or of the workers taking part in the vote;

(c) asks the Government to indicate what the consequences would be for the workers on strike and their organisation if the strike exceeded the duration stated in the advance notice (section 7);

(d) asks the Government to provide information on the circumstances that may lead to postponement of a strike (section 9);

(e) notes that strikes are forbidden in several very broadly defined sectors: rail and urban transport including the Metro, civil aviation, and power production inter alia (section 11). The Committee recalls that the right to strike can be restricted or banned in essential services in the strict sense, i.e. services whose interruption might endanger the life, personal safety and health of the whole or part of the population. Furthermore, rather than prohibiting strikes in sectors which do not provide essential services in the strict sense of the term, it would be more in keeping with the principle of freedom of association to provide for the establishment of a minimum service to be defined in co-operation with all the parties concerned. The Committee would be grateful if the Government would provide information on any measures taken in this respect;

(f) asks the Government to indicate whether section 190(3) of the Penal Code is still in force; this provision lays down penalties of imprisonment of a maximum of three years or a fine for organising or actively participating in collective actions that disturb the public order, or are accompanied by a clear refusal to obey legal orders from representatives of the authority, or disturb the transport service of public or social enterprises or establishments;

(g) asks the Government to provide information on the scope of section 15 which provides that any damage to other enterprises, establishments, organisations or individuals caused by a strike, must be compensated for in conformity with the provisions of the legislation in force, indicating in particular where the responsibility for such compensation lies.

3. The Committee notes that under section 2 of the Order of the Supreme Soviet of the USSR, concerning the entry into force of the Law respecting trade unions of 10 December 1990, the Government must submit to the Supreme Soviet of the USSR, within the specified time-limit, proposals to amend and complete the Law of the USSR respecting the settlement of collective labour disputes, particularly the part concerning the responsibility for the organisation of unlawful strikes.

The Committee asks the Government to provide information on the measures taken to give effect to this provision.

4. The Committee notes the adoption of the Law on the state of emergency of 3 April 1990. Under the provisions of this Law, once it has been declared, the state of emergency may lead, inter alia, to a prohibition of rallies and strikes, enforceable by a maximum of three years imprisonment for leaders of prohibited strikes.

The Committee asks the Government to indicate whether, during the period covered by its next report, it has had recourse to these provisions.