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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Russian Federation (Ratification: 1956)

The Committee notes the Government’s report and regrets that it does not provide a reply either to the previous comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation) concerning several cases of anti-union discrimination, acts of interference by employers in trade union activities and violations of collective bargaining rights, or to the Committee’s previous observation.

The Committee recalls that it had requested the Government to:

–      specify the concrete sanctions imposed on employers found guilty of anti-union discrimination and to mention the relevant provisions;

–      specify the sanctions imposed for acts of interference by workers’ or employers’ organizations or their agents in each other’s affairs, particularly in the establishing, functioning and administration of the organizations, and to indicate the relevant legislative provisions;

–      amend section 31 of the Labour Code so as to ensure that it is clear that it is only in the event where there are no trade unions at the workplace that an authorization to bargain collectively can be conferred to other representative bodies;

–      take the necessary measures so as to ensure that the legislation provides for a possibility to conclude an agreement at the occupational or professional level;

–      provide further information on the practical application of sections 402 and 403 of the Labour Code and 6(7) of the Law on collective labour disputes, which seem to impose compulsory arbitration;

–      provide examples of collective agreements applicable to civil servants and civil employees of the military service and the system of execution of penal sentences.

The Committee hopes that the Government’s next report will contain precise information on the above issues. Hoping that further legislative reform will take into account the previous requests of the Committee, it asks the Government to keep it informed of any further developments in this respect.