Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the Confederation of Labour of the Russian Federation (KTR) communicated with the Government’s report, referring to the issues examined by the Committee below, as well as the Government’s reply thereon.

Articles 1 to 3 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee had on multiple occasions urged the Government to strengthen its efforts to examine and implement the proposals pertaining to anti-union discrimination, made by the KTR and the Federation of Independent Trade Unions of Russia (FNPR), which the Government and employers’ representatives had agreed to examine in the framework of the Russian Tripartite Commission for the Regulation of Social and Labour Relations (RTK), notably: (i) drafting specific legislative provisions to increase the effectiveness of protection against violations of trade union rights in general and anti-union discrimination, in particular; and (ii) creating a body with a specific mandate to deal with cases of violations of trade union rights, including anti-union discrimination (or granting such a mandate to an existing body). The Committee notes with concern that the KTR once again alleges insufficient training of law enforcement and judiciary on anti-union discrimination; inadequate legal definition of discrimination under section 3 of the Labour Code; and the absence of clear indication in the law of the legal consequences or sanctions in cases of discrimination. The KTR also indicates that 46 out of 83 complaints about violations of labour rights that it received in 2023–25 were related to discrimination in connection with trade union activities or membership; in none of those cases employers were held responsible. The KTR also recalls that, as from 1 January 2019, the Federal Service for Labour and Employment (Rostrud) was supposed to begin collecting the relevant statistics for submission, on a semi-annual basis, to the Ministry of Labour; however, the websites of Rostrud and the Ministry of Labour contain no publications of such statistics. The Committee notes the Government’s broad indication that it has established bodies which deal with issues of discrimination and created a sufficient legislative and law enforcement framework for protecting workers from anti-union discrimination, without providing any particulars in this regard. The Government further indicates that, according to the information available at the KTR’s official website, out of 15 cases of anti-union discrimination considered by domestic courts in 2021–24, in 14 cases, the courts sided with the employee, and that Rostrud received only one complaint of discrimination on the basis of trade union membership in 2024 and seven such complaints during the first 9 months of 2025, which is statistically insignificant. The Committee points out that the absence or a small number of complaints on anti-union discrimination may be due to reasons other than an absence of acts of anti-union discrimination. The Committee once again deeply regrets that no concrete outcome has been reached in the implementation of the above-mentioned proposals agreed to by the Government over a decade ago. The Committee strongly urges the Government to examine and implement the proposals pertaining to anti-union discrimination without further delay as well as to inform the Committee of all developments in this regard.

Article 4. Parties to collective bargaining. The Committee had for many years urged the Government to review section 31 of the Labour Code so as to clearly establish that it was only in the event where there were no trade unions at the workplace that an authorization to bargain collectively could be conferred upon other representative bodies. The Committee notes with regret the KTR’s allegation that nothing has been done by the Government to address this long-standing request. The Committee once again urges the Government to engage with the social partners to review the legislation with a view to clearly establishing that it is only in the event where there are no trade unions at the workplace that an authorization to bargain collectively could be conferred upon other representative bodies. The Committee requests the Government to provide information on any progress made in this respect.

Promotion of collective bargaining in practice. The Committee had previously requested the Government to provide information on the measures taken to promote collective bargaining across the different sectors of the economy and the number of collective agreements concluded and in force, the sectors concerned, and the number of workers covered by these agreements. The Committee notes the Government’s information on the national trade union coverage, the number of tripartite agreements at the federal, interregional and regional levels, and the number of collective agreements concluded and in force, including in small businesses. The Committee also notes the Government’s information on measures taken to promote collective bargaining across the different sectors of the economy, notably the ongoing consultations between the Ministry of Labour and social partners on the extension of the federal sectoral agreements to employers who did not participate in their development and conclusion. The Committee requests the Government to continue to provide information on the number of collective agreements concluded and in force, the sectors concerned, and the number of workers covered by these agreements.

The Committee notes the KTR’s allegation about the absence of progress made in strengthening sanctions for non-compliance with collective agreements and violations during collective bargaining. The Committee notes the Government’s reply that the Ministry of Justice is currently preparing draft amendments to the Code of Administrative Offences. The Committee trusts that a copy of the Code of Administrative Offences will be provided, once the relevant amendments are adopted.