Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - Russian Federation (Ratification: 1998)

The Committee notes the observations of the Confederation of Labour of Russia (KTR), received on 31 August 2023, and the Government’s reply to these observations.

Article 3(1) and (2) of the Convention. Additional functions entrusted to the labour inspectorate. Functions of the labour inspection with regard to undeclared work. 1. Additional functions. Further to its previous comment, the Committee notes the Government’s indication in its report that the main functions of the labour inspectorate are set out in section 355(2) of the Labour Code and include additional supportive operational functions and activities such as supervision of social services. The Committee notes the Government’s indication that the auxiliary functions neither interfere with the primary duties of labour inspectors nor they compromise their authority or impartiality. With reference to its comment below under Articles 6 and 10,the Committee requests the Government to provide information on the proportion of time spent by labour inspectors in carrying out administrative functions compared to the time spent on performing their primary duties in accordance with Article 3(1) of Convention No. 81.

2. Undeclared work. In response to its previous request, the Committee notes the information provided by the Government that the failure to register or the improper registration of an employment contract results in the imposition of an administrative fine, as stipulated in section 5.27(4) of the Code on Administrative Offences. It informs that the Federal Service for Labour and Employment (Rostrud) issued 5,010 decisions related to this matter in 2022 and that, as a result of supervisory activities, in the first half of 2023, 157 employment contracts were formalized at the request of state labour inspectors. The Committee also notes the KTR’s observation, which highlights the lack of statistical data in Rostrud’s publications on the number of employers held accountable for the use of undeclared work, as well as the decrease in the number of employment contracts formalized by the labour inspectorate over the years, despite the continued high occurrence of undeclared work. The Committee requests the Government to continue to provide information concerning the enforcement of the legal provisions relating to conditions of work and the protection of workers through the activities of the labour inspectorate with regard to undeclared work. In particular, it requests the Government to indicate the number of cases of undeclared work identified by labour inspectors and the number of contracts established following their intervention.

3. Monitoring of trade unions’ rights. The Committee notes the observation made by KTR, which states that the labour inspectorate continues not to inspect the protection of trade union members’ right from acts of anti-union discrimination, as both Decree No. 1230 of 21 July 2021, on approval of the regulations on the federal state control (supervision) for observance of labour legislation and the Order of the Federal Service for Labour and Employment No. 20 of 1 February 2022 on inspection checklists, do not mention discrimination and anti-union discrimination as factors to be inspected. In response, the Government informs that section 9 of Federal Act No. 10-FZ on Trade Unions prohibits discrimination against citizens on the grounds of membership in trade unions and that the right to participate in trade union activities is protected by the Constitution (section 3(2)). It also informs that the Rostrud must monitor compliance with labour legislation and other regulatory legal acts containing labour law in accordance with paragraph 5.1.1 of the Regulations on the Rostrud, approved by Government Resolution of the Russian Federation No. 324 of 30 June 2004. With reference to its observation under the Convention on the Right to Organise and Collective Bargaining, 1949 (No. 98),the Committee requests the Government to indicate the number of cases of anti-union discrimination identified by labour inspectors, the number of cases referred to the court and the penalties imposed.

Article 5(b). Collaboration with representatives of employers and workers. Further to its previous comment, the Committee notes the information provided by the Government that among the measures taken to develop cooperation between Rostrud and representatives of employers and workers are the cooperation agreements concluded at various levels, such as the agreement concluded between the Federation of Independent Trade Unions of Russia (FNPR) and Rostrud in April 2022 and the agreement between Rostrud and Russian Railways on improving compliance with labour legislation and preventing industrial accidents. It also informs that trade unions are not restricted in their right to lodge a complaint with a territorial body of Rostrud and that the basis for conducting supervisory measures may be the existence of information on the violation of legally protected assets, which can be done through a petition, including from trade unions. In addition, the Committee notes the KTR’s indication that no changes have been made to the regulations governing the procedure for interaction between the state labour inspectorate and trade unions. The Committee requests the Government to continue to provide information on measures taken to promote collaboration between the labour inspectorate and employers and workers or their organizations. The Committee also requests the Government to indicate the number of complaints submitted by trade unions to labour inspectors and the follow up given by the inspectorate.

Articles 6 and 10. Conditions of service. Number of labour inspectors. The Committee notes with deep concern the Government’s indication that the actual number of labour inspectors is insufficient to supervise the application of labour legislation and to take more preventive measures to prevent future violations. The Government also indicates that every year, the Rostrud prepares and submits to the Russian Ministry of Labour (Mintrud) proposals on increasing the number of labour inspectors. The maximum number of inspectorate’s staff shall be prescribed by Government resolutions. The Government also indicates that modern tools are currently being used to facilitate the work of labour inspectors, such as the planning of annual scheduled inspections through an automated supervision and monitoring management system. Additionally, the Government reports that Rostrud lacks information regarding the remuneration levels of officials within the Federal Tax Service and the Ministry of Internal Affairs. The Government further notes that the staff turnover rate is attributable to natural attrition, which does not impede the federal labour inspectorate from effectively carrying out its mandated responsibilities. The Committee notes the observations of KTR, which indicate a decline in the number of state civil servants within the labour inspectorate, from 2,345 in 2020 to 2,011 in 2021 and 2,076 in 2022. The Committee also notes KTR’s indication that the salary of labour inspectors remains below the national average, citing a 2023 vacancy in the Novosibirsk region that offered a salary of 30,000–33,000 rubles (approximately US$323–355). The Committee urges the Government once again to take the necessary measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspection service. In this regard, it requests once again the Government to provide information on the efforts made to recruit new labour inspectors and to fill the existing vacancies. The Committee also requests the Government to provide information on the yearly proposal for the increase of labour inspectors made by the Rostrud to the Minstrud. Noting the absence of information in this regard, it requests once again the Government to provide information on the number of labour inspectors and on the career structure of the Rostrud, including grade and positions as well as the number of appointments made at each position. While noting that the Rostrud does not have information on the levels of remuneration of labour inspectors in comparison to the remuneration levels of other officials exercising functions of similar complexity and responsibility such as tax inspectors and the police, the Committee requests that the Government seek this information from the relevant Government’s departments and transmits it with its next report.

Articles 7(3), 17 and 18. Enforcement of labour law provisions. Further to its previous comment, the Committee notes the information provided by the Government that in 2022, 226,474 penalties were imposed by the labour inspectorate (in the form of fines and warnings) and more than 226,000 administrative cases were initiated. The Government also informs that in 2022, 416 decisions to impose administrative fines were overturned by the courts, the most frequent reasons being the absence of the elements constituting an administrative offense (section 24(5)(1)(2) of the Code of Administrative Offences), the expiry of the limitation period for administrative prosecution (section 24(5)(1)(6) of the Code of Administrative Offences) and substantive violation of the procedural requirements (sections 25(1), 28(2), 29(4) and 29(10) of the Code of Administrative Offences). In addition, the Government indicates that more than 8,500 criminal cases were referred to the prosecutor’s office by the federal labour inspectorate in 2022. However, the Committee notes once again that the Government’s report does not mention the number of actual convictions in criminal cases.

The Committee notes the observations of KTR stating that while there has been a decrease in the number of court cancellations based on the notion that the labour inspectorate is addressing “individual labour disputes” since 2022, such occurrences continue to persist. The KTR also indicates that labour inspectors often respond only to uncontroversial violations of labour legislation, and since the legislation does not define criteria for what constitutes an uncontroversial case, this determination is left to the discretion of the inspectors. In this respect, the KTR refers to a case in which the Judicial Collegium for Administrative Cases of the St. Petersburg City Court, in its appeal ruling (Case No. 33a-11620/2022, dated 8 June 2022), declared unlawful the state labour inspector’s order to recalculate and pay an employee’s wages, on the grounds that there was no basis to consider the violations identified by the inspector as uncontroversial. Thus, the KTR indicates that despite some positive developments, the issue of deeming state labour inspectors’ actions as unlawful due to their association with “individual labour disputes” or “controversial disputes” remains unresolved.

The Committee further notes the Government’s indication that according to section 49 and 60 of the Federal Law on 248-FZ on State Control (Supervision) and Municipal Control in the Russian Federation, in the event that the labour inspectorate receives information on the impending violation of mandatory requirements, individual subject of monitoring shall be warned against such violation and shall be invited to take action to ensure compliance with the mandatory requirements. The warning is issued where there is no substantiated evidence that the violation has caused harm or threat of harm to legally protected assets. The Government also indicates that in the case of an administrative offence committed for the first time, where there is no harm or threat of harm to people’s life or health, the labour inspector issues a warning in writing. The Committee recalls that according to Article 17(2), it should be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings. The Committee urges the Government once again to take the necessary measures to ensure the effective enforcement of the legal provisions enforceable by labour inspectors, including by adopting the necessary legal provisions to ensure that the labour inspectors can perform their duties, regardless the existence of an individual dispute. The Committee also requests the Government to adopt the necessary measures in order to ensure that labour inspectors are empowered to decide whether to issue a warning or institute proceedings. Noting the absence of information in this regard, the Committee requests once again the Government to provide information on concrete measures taken to address the deficiencies identified, such as training for labour inspectors on the establishment and completion of non-compliance reports, including: (i) the collection of the necessary evidence; (ii) the improvement of communication and coordination activities with the judiciary on the required evidence to establish and effectively prosecute labour law violations; (iii) the need for timely communication of the outcome of cases to the labour inspectorate; and (iv) the importance of observance of the procedural requirements. The Committee requests the Government to continue to provide concrete statistics on the administrative and criminal cases reported by the labour inspectorate, the investigations and prosecutions initiated and the penalties imposed as a result.

Articles 12 and 16. Labour inspectors’ powers and prerogatives. Frequency and thoroughness of labour inspections. 1. Moratorium and restrictions on labour inspections. Further to its previous comments, the Committee notes with deepconcern the entry into force of the Resolution No. 336 of 10 March 2022, which introduced a moratorium on scheduled and unscheduled inspections for the year 2022, subsequently extended to 2023 and 2024 and amended to include further restrictions on the conduct of scheduled inspections until 2030. The Committee observes that, under the Resolution, as amended on 18 July 2024: (i) scheduled inspections in the field of industrial safety are prohibited until 2024, with the exception of those involving hazardous production facilities classified as hazard class II; until 2030, only facilities classified as extremely high-risk or high-risk, hazardous production facilities of hazard class II, and hydraulic structures of class II may be included in the scheduled inspection plan; and (ii) unscheduled inspections may only be conducted with the approval of the prosecutor’s office and in very limited circumstances, such as in the event of an imminent threat or in cases where several employees have not received wages for more than one month; unscheduled inspections without the prosecutor’s approval are permitted only upon the directive of the President, the Chairman or Deputy Chairman of the Government, or in cases involving extremely high-risk and high-risk facilities, hazardous production facilities classified as hazard classes I and II, and hydraulic structures of class I and II, provided there is harm to life or serious harm to citizens’ health and with the notification to the prosecutor’s office.

The Committee also notes the KTR’s indication that, as a result of the imposed restrictions on inspections, only 22,951 inspections were conducted in 2022, marking a significant decrease compared to the 131,286 inspections conducted in 2019.

Furthermore, in response to the Committee’s previous request, the Government indicates that out of the 22,951 inspections conducted in 2022, 5,734 were scheduled and 17,217 unscheduled, and that more than 147,000 self-inspections were carried out by employers in 2022 and over 47,000 from January to May 2023. It also informs that 2,301 individual entrepreneurs, 11,108 small and medium-sized enterprises and 3,981 state and municipal enterprises and institutions were inspected in 2022. The KTR further notes that, according to Rostrud’s activity reports, the 22,951 control activities conducted in 2022 included 19,757 documentary inspections, 2,657 on-site inspections, and 251 inspection visits.

Recalling with deep concern that a moratorium placed on labour inspection is a serious violation of the Conventions and with reference to its 2019 general observation on the labour inspection Conventions, the Committee urges the Government to eliminate the temporary ban on inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of Convention No. 81.

In addition, the Committee requests the Government to continue to provide statistics on the number of labour inspections undertaken each year, including the number of scheduled and unscheduled inspections, of inspections undertaken on-site and those conducted without a visit to the establishment. Furthermore, the Committee requests the Government to continue to indicate the number of self-assessments conducted and the number of follow-up inspection visits by labour inspectors in case of violations.

2. Other limitations on labour inspections. The Committee once again notes with deepconcern that, in addition to the moratorium mentioned above, the restrictions on the powers of labour inspectors established in the Federal Act No. 248-FZ of 31 July 2020 on State Monitoring (Supervision) and Municipal Monitoring in the Russian Federation and the Federal Act No. 294-FZ of 26 December 2008 on the protection of legal entities and individual entrepreneurs in state control (supervision) and municipal control, previously noted by the Committee, remain in place.

With regard to the powers of labour inspectors to make visits without previous notice, the Committee notes the Government’s reference to section 66(12) of Federal Act No. 248-FZ of 31 July 2020. The Committee notes, however, that this provision establishes that an unscheduled inspection may be unannounced only if it is initiated on the basis of information indicating an imminent threat of harm to legally protected values, which is not in compliance with the requirements of Article 12(1)(a) and (b) of the Convention. The Committee also notes that section 31(7) of the Federal Act No. 248-FZ of 31 July 2020 establishes that, when conducting unscheduled inspections, the presence of the controlled person or their representative is mandatory, except for when carrying out supervisory measures or actions that do not require interaction with the controlled person. In addition, the Committee notes the Government’s indication that the obstruction of lawful activities by employers is one of the main problems of the labour inspectorate and that in such cases the perpetrators are prosecuted under section 19(4)(1) of the Code of Administrative Offences. The Government further notes that, however, the administrative liability of those responsible for violations in accordance with this section of the Code, does not entail the restoration of workers’ labour rights and the possibility to carry out the inspection.

In response to the Committee’s request for information regarding cases brought against officials of the state labour inspectorates, the Government reports that in 2022, 181 state labour inspectorate officials were disciplined for failing to perform or for perform improperly their duties; among them, of which six were prosecuted under section 19(6)(1) of the Code on Administrative Offences for violating the requirements of legislation on the procedure for conducting inspections. Furthermore, during the first semester of 2023, 63 state labour inspectorate officials were disciplined for similar failings, with eight prosecuted for violation of inspection procedure requirements.

The Committee once again urges the Government to take the necessary measures to bring the national legislation into conformity with Article 12 of the Convention, particularly by ensuring that labour inspectors are empowered to make visits without previous notice, in line with Article 12(1)(a) and (b). The Committee also requests the Government to take the necessary measures to ensure that labour inspectors shall have the right to decide not to inform the employer or their representatives of their presence on the occasion of an inspection visit when they consider that such a notification may be prejudicial to the performance of their duties in accordance with Article 12(2) of the Convention. In addition, the Committee requests the Government once again to provide information on the nature of the disciplinary measures imposed against officials of the state labour inspectorates under section 19(6) of the Code on Administrative Offences, indicating the requirements of the legislation on state control that were violated, particularly specifying the penalties assessed against inspectors based on such violations.

Article 14. Notification of industrial accidents and cases of occupational diseases to the labour inspectorate. The Committee notes the Government’s indication that paragraph 4 of the Government Resolution of the Russian Federation No. 1206 of 5 July 2022 establishes that in the event of a preliminary diagnosis of an acute occupational disease in an employee, the medical organization is obliged to send a notification to the state sanitary and epidemiological control authorities within 24 hours. However, the Committee notes that this Resolution maintains the obligation of notification only of cases of acute occupational diseases. With regard to occupational accidents, the Committee notes the Government’s reference to section 228.1 of the Labour Code, which provides for the notification to the labour inspectorate of all group accidents and fatal accidents. The Committee requests the Government to adopt measures to guarantee the establishment of a procedure for notifying the labour inspectorate of all industrial accidents and cases of occupational diseases. Additionally, with reference to its comment on Articles 20 and 21, the Committee reiterates its request for the Government to ensure that comprehensive and representative statistics on these incidents are included in the annual labour inspection report.

Articles 20 and 21. Annual labour inspection report. The Committee notes the Government’s indication that the labour inspection report, published annually in the Ministry of Labour’s official website, contains laws and regulations relevant to the work of the inspection service, staff of the labour inspectorate, statistics of workplaces liable to inspection and the number of workers employed therein, statistics of inspection visits, statistics of violations and penalties imposed and statistics of industrial accidents. It notes, however, the KTR’s observation that statistics on occupational diseases and on the number of workers employed at workplaces liable to inspection are not included in the annual labour inspection report. The KTR also states that statistics on industrial accidents are only provided for those investigated with the participation of labour inspectors. The Committee requests the Government to indicate the measures taken to ensure that a consolidated labour inspection report containing detailed information on all the items listed in Article 21(a)–(g) of the Convention is published.