What act ratifies the conventions of the international labor organization? International Labor Organization • ILO
The International Labour Organization (ILO) is an international organization dealing with the regulation of labor relations, currently a specialized agency of the UN.
The International Labor Organization was created in 1919 at the same time as the League of Nations in accordance with the Treaty of Versailles. The ILO Constitution came into force on January 1, 1919 (the last change to the ILO Constitution was made in 1972).
In 1944, the International Labor Conference adopted the Declaration of Philadelphia, which set out the goals and objectives of the ILO, as well as the following fundamental principles in the world of work:
- – labor is not a commodity;
- – freedom of speech and freedom of association are a necessary condition for continuous progress;
- – poverty anywhere is a threat to general well-being;
- – all people, regardless of race, faith or gender, have the right to ensure their material well-being and spiritual development in conditions of freedom and dignity, economic sustainability and equal opportunity.
It should be noted here that, despite the obviousness, simplicity and apparent ease of implementing these principles in practice, at present most of them continue to remain only a declarative goal of the activities of many states, rather than a reality.
The USA and the USSR became members of the ILO in 1934. In 1940, the USSR suspended its membership in the ILO, and resumed it only in 1954.
In 1946, shortly after the formation of the PLO (instead of the League of Nations), the ILO became its first specialized agency.
In 1998, the ILO Declaration “On Fundamental Principles and Rights at Work” was adopted, which is built on eight fundamental ILO Conventions, providing for freedom of association, the abolition of forced labor, the right to collective bargaining, the effective prohibition of child labor, the elimination of discrimination in labor and occupations.
Currently, the ILO structure is represented by the following bodies:
- – The International Labor Conference (ILC) is the highest body of the ILO, which has the right to adopt international labor standards. At the ILC, each state party has the right to send four delegates: two from the government, one from workers' representatives and one from employers' representatives. Delegates have the right to speak and vote independently, independently of each other. Once every two years, the ILC adopts a two-year program of work and the ILO budget, which is derived from contributions from member states. At the same time, the ILC is a global forum for discussing labor and social issues and international labor standards;
- – The Administrative Council is the executive body of the ILO, which directs the work of the ILO during the period between sessions of the ILC, and also determines the procedure for implementing its decisions. The Council holds three sessions annually: in March, June and November. The Administrative Council consists of 56 members (28 government representatives, 14 employers and 14 workers) and 66 alternates (28 government representatives, 19 employers and 19 workers). The ten government seats on the Governing Body are permanently held by representatives of the governments of Brazil, the UK, Germany, India, Italy, China, Russia, the USA, France and Japan. The remaining members of the Council, representing governments of other states, are re-elected by the Conference on a rotation basis every three years;
- – The International Labor Office (ILO) is the permanent secretariat of the ILO, a kind of operational headquarters. The Bureau prepares documents and reports that are used during ILO conferences and meetings. The Bureau has departments responsible for all issues related to international labor standards, for the activities of employers and workers. The ILO is headed by the Director General, who is elected for a five-year term with the right of re-election, and he also forms the personnel of the Bureau. In addition, the ILO is a research and publishing center;
- – management issues are decentralized and transferred to the regional and subregional levels and to representative offices in individual countries. In particular, Russia is related to the activities of the Technical Support Group on Decent Work and the ILO Office for Eastern Europe and Central Asia (until April 2010, the Group was called the ILO Subregional Office for Eastern Europe and Central Asia). The Bureau coordinates the activities of the ILO in 10 countries - Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, the Russian Federation, Tajikistan, Turkmenistan and Uzbekistan. The headquarters is located in Moscow. In turn, the Technical Support Unit on Decent Work and the ILO Office for Eastern Europe and Central Asia falls under the jurisdiction of the Regional Office for Europe and Central Asia, headquartered in Geneva.
Currently, 185 states are members of the ILO. The International Labor Organization has adopted 396 documents, including 189 conventions, 202 recommendations, 5 protocols.
A distinctive feature of the ILO is trinatrism, which means organizing its activities on the basis of tripartite representation of workers, employers and governments.
The International Labor Organization was created to promote social justice and the implementation of internationally recognized human and labor rights. It helps create conditions for decent work, economic and organizational conditions of work that empower workers and businesses to maintain lasting peace, prosperity and progress. Its tripartite structure provides a unique platform for achieving decent work for all women and men. The main objectives of the ILO are to develop rights at work, improve decent employment opportunities, expand social protection and strengthen dialogue on labor issues.
The following four goals are stated as the strategic objectives of the ILO.
- 1. Promotion and implementation of norms and fundamental principles and rights at work.
- 2. Creating more favorable opportunities for women and men for decent employment and decent incomes.
- 3. Expanding the coverage and effectiveness of social protection for all.
- 4. Strengthening tripartism and social dialogue.
These goals are achieved by the ILO by solving the following tasks.
- 1. Development of international policies and programs to promote the realization of fundamental human rights, improve working and living conditions, and expand employment opportunities.
- 2. Creation of international labor standards, based on a unique system of control over their application.
- 3. Implementation of international technical cooperation programs that are developed and implemented in active partnership with all three parties.
- 4. Training, education and research activities carried out to further these efforts.
The adoption of conventions and recommendations establishing international labor standards is a special and one of the most important functions of the ILO. Both conventions and recommendations are developed and adopted by the ILC using the same procedure. Initially, each document is discussed at two ILO sessions, and the ILO prepares preliminary reports on it, which summarize legislation and practice in various countries. In addition, each convention and recommendation is discussed by a commission formed by the conference. If the document is approved by a majority of 2/3 of the delegates present at the relevant ILO session, the convention is considered adopted and opens for ratification by ILO member states. If the convention is ratified, its provisions are subject to implementation in legislation and practice in the relevant country.
The legal status of the recommendations differs from the legal status of the convention. Unlike the last recommendation, they are not international treaties and do not require ratification. The recommendation contains “a wish, proposal (advice) addressed to states to introduce appropriate norms into national legislation.” As the ILO itself states, “Recommendations provide guidance for policy, legislation and practice.”
The ILO classifies conventions on a number of grounds.
Firstly, the ILO identifies eight fundamental conventions (Table 22.1).
Table 22.1
Name, year and number of the Convention |
Number of states that have ratified the Convention |
Forced Labor Convention, 1930 (No. 29) |
|
Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) |
|
Right to Organize and Collective Bargaining Convention, 1949 (No. 98) |
|
Equal Remuneration Convention 1951 (No. 100) |
|
Abolition of Forced Labor Convention, 1957 (No. 105) |
|
Discrimination (Employment and Occupation) Convention 1958 (No. 111) |
|
Minimum Age Convention, 1973 (No. 138) |
|
Worst Forms of Child Labor Convention, 1999 (No. 182) |
Secondly, four governing (priority) conventions are identified (Table 22.2)
Table 22.2
Thirdly, the remaining conventions are called technical. To date, Russia has ratified all eight fundamental conventions and two of the four priority conventions. Russia has not ratified the Labor Inspection Convention in Agriculture, 1969 (No. 129) and the Tripartite Consultation (International Labor Standards) Convention, 1976 (No. 144). In addition to fundamental and priority conventions, the Russian Federation has ratified 59 technical conventions. Moreover, 50 conventions were ratified by the USSR, and in relation to them the Russian Federation is subject to succession; nine have already been ratified by the Russian Federation itself.
- 1) freedom of association, collective bargaining and labor relations;
- 2) forced labor;
- 3) eradication of child labor and protection of children and adolescents;
- 4) equality of opportunity;
- 5) tripartite consultations;
- 6) labor management and labor inspection;
- 7) employment and employment;
- 8) vocational guidance and training;
- 9) ensuring employment guarantees;
- 10) wages;
- 11) working hours;
- 12) work at night;
- 13) labor protection;
- 14) social security;
- 15) maternity protection;
- 16) social policy;
- 17) migrant workers;
- 18) HIV and AIDS;
- 19) labor of seamen;
- 20) labor of dockers;
- 21) indigenous peoples;
- 22) special categories of workers.
As is obvious from this classification, which is official by the ILO, international regulations adopted by this organization cover a wide range of issues of legal regulation of labor. Moreover, many of them go beyond the scope of labor law and contain provisions related to social security law, consumer services for workers, labor statistics, vocational education and career guidance, organization and methods of operation of state labor management bodies. It is also worth noting that many ILO acts apply not only to dependent (hired) workers, but also to independent workers and entrepreneurs.
An ILO Convention is a legal document that has the force of an international treaty and is binding on member states.
The Convention comes into force subject to its ratification by at least two ILO member states.
For a member state, the convention acquires legal force from the moment of its ratification by the highest government authority.
A recommendation is a wish addressed to states, a kind of advice to introduce appropriate norms into national legislation. Recommendations are adopted in cases where the issue is not considered sufficiently developed for the adoption of conventional obligations or when it is necessary to detail, supplement the provisions of the adopted convention, and also when the developed norms are subject to frequent changes.
The International Labor Code is a thematically systematized set of social and labor standards on issues within the competence of the ILO and serving for international labor regulation. The texts containing these norms are intended for use in national legislation, including the Russian Federation.
The ILO Charter contains provisions on a mechanism for monitoring the implementation of legal documents adopted by the ILO. It includes the activities of the Committee of Experts on the Application of Conventions and Recommendations, consisting of distinguished lawyers of various countries, appointed by the Office in their personal capacity, and the Committee of the International Labor Conference on the Application of Conventions and Recommendations, consisting of representatives of governments, trade unions and employers' organizations.
List of ILO Conventions in force in the Russian Federation:
1. Convention No. 11 “On the right of organization and association of workers in agriculture” (1921).
2. Convention No. 13 “On the use of white lead in painting” (1921).
3. Convention No. 14 “On weekly rest in industrial undertakings” (1921).
4. Convention No. 16 “On the compulsory medical examination of children and young people employed on board ships” (1921).
5. Convention No. 23 “On the Repatriation of Seamen” (1926). 6. Convention No. 27 “On the Indication of the Weight of Heavy Goods Carried on Ships” (1929).
7. Convention No. 29 “Forced or Compulsory Labor” (1930).
8. Convention No. 32 “On the protection against accidents of workers engaged in loading or unloading ships” (1932).
9. Convention No. 45 “On the Employment of Women in Underground Work in Mines” (1935).
10. Convention No. 47 “On the reduction of working hours to forty hours a week” (1935).
11. Convention No. 52 “On annual holidays with pay” (1936).
12. Convention No. 69 “On the issuance of certificates of competency to ships’ cooks” (1946).
13. Convention No. 73 “On the Medical Examination of Seafarers” (1946).
14. Convention No. 77 “On the medical examination of children and adolescents with a view to ascertaining their suitability for work in industry” (1946).
15. Convention No. 78 “On the Medical Examination of Children and Adolescents for the Purpose of Determining Their Suitability for Non-Industrial Work” (1946).
16. Convention No. 79 “On the Medical Examination of Children and Adolescents for the Purpose of Determining Their Fitness for Work” (1946).
17. Convention No. 81 “On Labor Inspection in Industry and Commerce (1947).
18. Protocol to the Convention No. 81 (1995). 19. Convention No. 87 “On Freedom of Association and Protection of the Rights to Organize” (1948).
20. Convention No. 90 concerning night work by adolescents in industry (revised 1949).
21. Convention No. 92 on Accommodation for Crews on Board Ships (revised 1949).
22. Security of Wages Convention No. 95 (1949).
23. Convention No. 98 “On the Application of the Principles of the Right to Organize and to Collective Bargaining” (1949).
24. Convention No. 100 “Concerning equal remuneration for men and women for work of equal value” (1951).
25. Maternity Protection Convention No. 103 (1952). 26. Convention No. 105 “Abolition of Forced Labor” (1957).
27. Convention No. 106 “On Weekly Rest in Commerce and Establishments” (1957).
28. Convention No. 108 “On the National Identity Card for Seafarers (1958).
29. Convention No. 111 on Discrimination (Employment and Occupation) (1958).
30. Convention No. 113 on the Medical Examination of Seafarers (1959).
31. Convention No. 115 “On the Protection of Workers from Ionizing Radiation” (1960).
32. Convention No. 119 “On the provision of protective devices for machinery” (1963).
33. Convention No. 120 on Hygiene in Commerce and Establishments (1964).
34. Employment Policy Convention No. 122 (1964).
35. Convention No. 124 “On the Medical Examination of Young Persons for the Purpose of Determining Their Fitness for Work in Underground Work in Mines and Mines” (1965).
36. Convention No. 126 on Crew Accommodation on Board Fishing Vessels (1966).
37. Convention No. 116 “On the Partial Revision of Conventions” (1961).
38. Convention No. 133 “On crew accommodation on board ships”. Additional Provisions (1970).
39. Convention No. 134 on the Prevention of Occupational Accidents among Seafarers (1970).
40. Convention No. 138 “Minimum Age for Admission to Employment” (1973).
41. Convention No. 142 on Vocational Guidance and Training in the Field of Human Resources Development (1975).
42. Convention No. 147 “Minimum Standards on Merchant Ships” (1976).
43. Convention No. 148 “On the protection of workers against occupational hazards caused by air pollution, noise and vibration at work” (1977).
44. Convention No. 149 “On the employment and working and living conditions of nursing personnel” (1977).
45. Labor Administration Convention No. 150 (1978).
46. Occupational Safety and Health Convention No. 155 (1978).
47. Convention No. 156 “On equal treatment and equal opportunities for men and women workers; workers with family responsibilities" (1981).
48. Convention No. 159 on Vocational Rehabilitation and Employment of Persons with Disabilities (1983).
49. Labor Statistics Convention No. 160 (1985). 50. Convention No. 162 “On occupational safety in the use of asbestos” (1986).
51. Recruitment and Placement of Seafarers Convention No. 179 (1996).
52. Convention No. 182 “On the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor” (1999).
53. Convention No. 137 “On the social consequences of new methods of handling cargo in ports” (1973).
54. Convention No. 152 on Occupational Safety and Health in Dock Works (1979).
Find Reset
MULTILATERAL TREATIES OF THE RUSSIAN FEDERATION
2.3 Fourth Additional Protocol to the European Convention on Extradition of 20 September 2012;
3. Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958;
4.1. Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 17 March 1978;
7. Convention Abolishing the Requirement of Legalization for Foreign Public Documents, October 5, 1961;
8. Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of November 15, 1965;
7. Convention on the Taking of Evidence Abroad in Civil or Commercial Matters of March 18, 1970;
10. Protocol amending the European Convention for the Suppression of Terrorism of 27 January 1977, dated 15 May 2003;
11. Convention on the transfer of persons sentenced to imprisonment to serve their sentence in the state of which they are citizens, of May 19, 1978;
12. Agreement on the procedure for resolving disputes related to the implementation of economic activities, dated March 20, 1992;
13. Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993;
13.1. Protocol to the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of 22 January 1993;
14. Convention on the Transfer of Persons Sentenced to Imprisonment for Further Serving of Sentence of March 6, 1998;
15. Convention on the Transfer of Persons with Mental Disorders for Compulsory Treatment of 28 March 1997;
16. Agreement on the formation of the Council of Heads of Penitentiary Services of the member states of the Commonwealth of Independent States dated October 16, 2015;
17. United Nations Convention against Transnational Organized Crime of November 15, 2000;
17.1 Protocol against the Smuggling of Migrants by Land, Sea and Air of 15 November 2000;
17.2 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, of November 15, 2000;
19. Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of December 17, 1997;
20. Agreement on the formation of the Interstate Anti-Corruption Council dated October 25, 2013.
CURRENT BILATERAL TREATIES
RUSSIAN FEDERATION
1. Agreement between the Russian Federation and the Republic of Abkhazia on mutual legal assistance in criminal matters dated May 28, 2015;
2. Agreement between the Russian Federation and the Republic of Abkhazia on the transfer to serve sentences of persons sentenced to imprisonment, dated May 28, 2015;
3. Agreement between the Union of Soviet Socialist Republics and the Republic of Austria on issues of civil procedure dated March 11, 1970;
4. Agreement between the Russian Federation and the Azerbaijan Republic on legal assistance and legal relations in civil, family and criminal cases dated December 22, 1992;
5. Agreement between the Russian Federation and the Azerbaijan Republic on the transfer of convicts to serve their sentences dated May 26, 1994;
6. Agreement between the Union of Soviet Socialist Republics and the People's Republic of Albania on the provision of legal assistance in civil, family, marriage and criminal cases dated June 30, 1958;
7. Agreement between the Union of Soviet Socialist Republics and the Algerian People's Democratic Republic on mutual legal assistance of February 23, 1982;
8. Agreement between the Russian Federation and the Republic of Angola on the transfer to serve sentences of persons sentenced to imprisonment dated October 31, 2006;
10. Agreement between the Russian Federation and the Argentine Republic on cooperation and legal assistance in civil, trade, labor and administrative matters of November 20, 2000;
11. Treaty between the Russian Federation and the Argentine Republic on extradition dated July 12, 2014;
12. Treaty between the Russian Federation and the Argentine Republic on mutual legal assistance in criminal matters dated July 12, 2014;
13. Agreement between the Russian Federation and the Argentine Republic on the transfer of persons sentenced to imprisonment dated July 12, 2014;
14. Agreement between the Russian Federation and the Kingdom of Bahrain on the transfer of persons sentenced to imprisonment, dated December 15, 2015;
15. Agreement between the Russian Federation and the Kingdom of Bahrain on extradition dated May 27, 2016;
16. Agreement between the Russian Federation and the Socialist Republic of Vietnam on the transfer of persons sentenced to imprisonment dated November 12, 2013;
17. Agreement between the Russian Federation and the Islamic Republic of Afghanistan on the transfer to serve sentences of persons sentenced to imprisonment dated March 23, 2005;
18. Agreement between the Russian Federation and the Republic of Belarus on the procedure for mutual execution of judicial acts of arbitration courts of the Russian Federation and economic courts of the Republic of Belarus dated January 17, 2001;
19. Agreement between the Union of Soviet Socialist Republics and the People's Republic of Bulgaria on legal assistance in civil, family and criminal cases dated February 19, 1975;
20. Treaty between the Russian Federation and the Federative Republic of Brazil on extradition of January 14, 2002;
21. Agreement between the Union of Soviet Socialist Republics and the Hungarian People's Republic on the provision of legal assistance in civil, family and criminal matters dated July 15, 1958 with the Protocol on amendments and additions to the Agreement between the Union of Soviet Socialist Republics and the Hungarian People's Republic on the provision of legal assistance on civil, family and criminal cases, signed in Moscow on July 15, 1958, dated October 19, 1971;
22. Agreement between the Russian Federation and the Socialist Republic of Vietnam on legal assistance and legal relations in civil and criminal cases dated August 25, 1998;
23. Agreement between the Union of Soviet Socialist Republics and the Greek Republic on legal assistance in civil and criminal matters dated May 21, 1981;
24. Agreement between the Russian Federation and the Arab Republic of Egypt on mutual legal assistance and legal relations in civil, commercial and family matters dated September 23, 1997;
25. Agreement between the Russian Federation and the Arab Republic of Egypt on the transfer to serve sentences of persons sentenced to imprisonment, dated June 23, 2009;
27. Treaty between the Russian Federation and the Republic of India on mutual legal assistance in criminal matters dated December 21, 1998;
28. Agreement between the Russian Federation and the Republic of India on legal assistance and legal relations in civil and commercial matters dated October 3, 2000;
29. Agreement between the Russian Federation and the Republic of India on the transfer of persons sentenced to imprisonment dated October 21, 2013;
30. Agreement on mutual legal assistance between the Union of Soviet Socialist Republics and the Iraqi Republic of June 22, 1973;
31. Agreement between the Russian Federation and the Islamic Republic of Iran on legal assistance and legal relations in civil and criminal matters dated March 5, 1996;
32. Agreement between the Union of Soviet Socialist Republics and the Kingdom of Spain on legal assistance in civil matters of October 26, 1990;
33. Agreement between the Russian Federation and the Kingdom of Spain on the transfer to serve sentences of persons sentenced to imprisonment, dated January 16, 1998;
34. Convention between the Union of Soviet Socialist Republics and the Italian Republic on legal assistance in civil matters of January 25, 1979;
35. Agreement between the Union of Soviet Socialist Republics and the People's Democratic Republic of Yemen on legal assistance in civil and criminal matters dated December 6, 1985;
36. Treaty between the Russian Federation and Canada on mutual legal assistance in criminal matters of October 20, 1997;
37. Agreement between the Union of Soviet Socialist Republics and the Republic of Cyprus on legal assistance in civil and criminal matters dated January 19, 1984;
38. Convention between the Russian Federation and the Republic of Cameroon on the transfer to serve a sentence of persons sentenced to imprisonment, dated May 28, 2015;
40. Agreement between the Russian Federation and the People's Republic of China on legal assistance in civil and criminal matters dated June 19, 1992;
41. Treaty between the Russian Federation and the People's Republic of China on extradition dated June 26, 1995;
42. Agreement between the Russian Federation and the People's Republic of China on the transfer of convicts dated December 2, 2002;
43. Agreement between the Russian Federation and the Republic of Cyprus on the transfer to serve sentences of persons sentenced to imprisonment, dated November 8, 1996;
44. Treaty between the Russian Federation and the Republic of Colombia on mutual legal assistance in criminal matters of April 6, 2010;
45. Agreement between the Union of Soviet Socialist Republics and the Democratic People's Republic of Korea on the provision of legal assistance in civil, family and criminal matters dated December 16, 1957;
46. Treaty between the Russian Federation and the Republic of Korea on mutual legal assistance in criminal matters dated May 28, 1999;
47. Treaty between the Russian Federation and the Democratic People's Republic of Korea on mutual legal assistance in criminal matters dated November 17, 2015;
48. Treaty between the Russian Federation and the Democratic People's Republic of Korea on extradition dated November 17, 2015;
49. Agreement between the Union of Soviet Socialist Republics and the Republic of Cuba on legal assistance in civil, family and criminal matters dated November 28, 1984;
50. Agreement between the Russian Federation and the Republic of Cuba on the transfer to serve sentences of persons sentenced to imprisonment, dated December 13, 2016;
51. Agreement between the Russian Federation and the Republic of Kyrgyzstan on legal assistance and legal relations in civil, family and criminal cases dated September 14, 1992;
52. Agreement between the Russian Federation and the Republic of Latvia on legal assistance and legal relations in civil, family and criminal cases dated February 3, 1993;
53. Agreement between the Russian Federation and the Republic of Latvia on the transfer of convicts to serve their sentences dated March 4, 1993;
54. Treaty between the Russian Federation and the Lao People's Democratic Republic on extradition dated May 28, 2015;
55. Agreement between the Russian Federation and the Republic of Lebanon on the transfer of persons sentenced to imprisonment, dated December 16, 2014;
56. Agreement between the Russian Federation and the Republic of Lithuania on legal assistance and legal relations in civil, family and criminal cases dated July 21, 1992;
57. Agreement between the Russian Federation and the Republic of Lithuania on the transfer to serve sentences of persons sentenced to imprisonment, dated June 25, 2001;
58. Convention between the Russian Federation and the Kingdom of Morocco on the transfer of persons sentenced to imprisonment of September 7, 2006;
59. Agreement between the Russian Federation and the United Mexican States on the transfer to serve sentences of persons sentenced to imprisonment dated June 7, 2004;
60. Treaty between the Russian Federation and the United Mexican States on mutual legal assistance in criminal matters, dated June 21, 2005;
61. Agreement between the Russian Federation and the Republic of Moldova on legal assistance and legal relations in civil, family and criminal cases dated February 25, 1993;
62. Agreement between the Union of Soviet Socialist Republics and the Mongolian People's Republic on mutual provision of legal assistance in civil, family and criminal matters dated September 23, 1988;
63. Agreement between the Russian Federation and Mongolia on legal assistance and legal relations in civil and criminal cases dated April 20, 1999;
64. Protocol of September 12, 2002 to the Treaty between the Russian Federation and Mongolia on legal assistance and legal relations in civil and criminal cases of April 20, 1999;
65. Agreement between the Russian Federation and the United Arab Emirates on mutual legal assistance in criminal matters dated November 25, 2014;
66. Treaty between the Russian Federation and the United Arab Emirates on extradition dated November 25, 2014;
67. Treaty between the Russian Federation and the Republic of Panama on mutual legal assistance in criminal matters dated April 30, 2009;
69. Agreement between the Russian Federation and the Republic of Poland on legal assistance and legal relations in civil and criminal cases dated September 16, 1996;
70. Agreement between the Ministry of Justice of the Russian Federation and the Ministry of Justice of the Republic of Poland on the procedure for communications in civil cases dated May 17, 2012 within the framework of the Treaty between the Russian Federation and the Republic of Poland on legal assistance and legal communications in civil and criminal cases dated September 16, 1996 .;
71. Agreement between the Union of Soviet Socialist Republics and the Romanian People's Republic on the provision of legal assistance in civil, family and criminal cases of April 3, 1958;
72. Agreement between the Union of Soviet Socialist Republics and the United States of America on the procedure for the execution of letters rogatory from November 22, 1935;
73. Treaty between the Russian Federation and the United States of America on mutual legal assistance in criminal matters of June 17, 1999;
74. Treaty between the Russian Federation and the Republic of Turkey on mutual legal assistance in criminal matters and on extradition dated December 1, 2014;
75. Agreement between the Union of Soviet Socialist Republics and the Tunisian Republic on legal assistance in civil and criminal matters dated June 26, 1984;
76. Agreement between the Russian Federation and Turkmenistan on the transfer to serve sentences of persons sentenced to imprisonment, dated May 18, 1995;
77. Agreement between the Union of Soviet Socialist Republics and the Republic of Finland on legal protection and legal assistance in civil, family and criminal matters of August 11, 1978 with the Protocol of August 11, 1978;
78. Agreement between the Union of Soviet Socialist Republics and the Republic of Finland on the mutual transfer for serving sentences of persons sentenced to imprisonment, dated November 8, 1990;
79. Agreement between the Union of Soviet Socialist Republics and France on the transfer of judicial and notarial documents and the execution of letters rogatory in civil and commercial matters of August 11, 1936;
80. Convention between the Russian Federation and the French Republic on the transfer of persons sentenced to imprisonment, of February 11, 2003;
81. Agreement between the Union of Soviet Socialist Republics and the Czechoslovak Socialist Republic on legal assistance and legal relations in civil, family and criminal matters dated August 12, 1982;
82. Treaty between the Russian Federation and the Democratic Socialist Republic of Sri Lanka on mutual legal assistance in criminal matters dated May 28, 2015;
83. Agreement between the Russian Federation and the Democratic Socialist Republic of Sri Lanka on the transfer of persons sentenced to imprisonment, dated May 28, 2015;
84. Treaty between the Russian Federation and the Democratic Socialist Republic of Sri Lanka on extradition dated May 28, 2015;
84. Agreement between the Russian Federation and the Republic of Estonia on legal assistance and legal relations in civil, family and criminal matters dated January 26, 1993;
85. Agreement between the Union of Soviet Socialist Republics and the Federal People's Republic of Yugoslavia on legal assistance in civil, family and criminal matters of February 24, 1962;
86. Agreement between the Russian Federation and the Republic of South Ossetia on the transfer of persons sentenced to imprisonment dated October 14, 2014;
87. Agreement between the Russian Federation and the Republic of South Ossetia on mutual legal assistance in criminal matters dated October 14, 2014;
88. Treaty between the Russian Federation and Japan on mutual legal assistance in criminal matters dated May 12, 2009.
BILATERAL TREATIES,
NOT ENTERED IN FORCE FOR THE RUSSIAN FEDERATION
1. Agreement between the Russian Federation and the Republic of Albania on legal assistance and legal relations in civil and criminal cases dated October 30, 1995 (the Agreement was signed by the Russian Federation on October 30, 1995, not ratified, and has not entered into force).
2. Convention between the Russian Federation and the People's Democratic Republic of Algeria on mutual legal assistance in criminal matters of October 10, 2017 (Convention signed by the Russian Federation
October 10, 2017, ratified by Federal Law No. 343-FZ of October 2, 2018 “On the ratification of the Convention between the Russian Federation and the People’s Democratic Republic of Algeria on mutual legal assistance in criminal matters”, did not enter into force);
3. Treaty between the Russian Federation and the Republic of Angola on mutual legal assistance in criminal matters dated October 31, 2006 (the Treaty was signed by the Russian Federation on October 31, 2006, ratified by Federal Law of July 17, 2009 No. 158-FZ “On Ratification of the Treaty between the Russian Federation and the Republic of Angola on mutual legal assistance in criminal matters”, has not entered into force);
4. Treaty between the Russian Federation and the Republic of Zimbabwe on extradition dated January 15, 2019 (the Treaty was signed by the Russian Federation on January 15, 2018, not ratified, and has not entered into force);
5. Agreement between the Russian Federation and the Islamic Republic of Iran on the transfer of persons sentenced to imprisonment dated March 28, 2017 (Agreement signed by the Russian Federation on March 28, 2017, ratified by Federal Law of February 5, 2018 No. 7-FZ “On ratification of the Agreement between the Russian Federation and the Islamic Republic of Iran on the transfer of persons sentenced to imprisonment” has not entered into force);
6. Protocol on amendments to the Treaty between the Russian Federation and the Islamic Republic of Iran on legal assistance and legal relations in civil and criminal cases dated March 5, 1996 (Protocol signed by the Russian Federation on March 28, 2017, ratified by Federal Law dated February 5, 2018 No. 4-FZ “On ratification of the Protocol on Amendments to the Treaty between the Russian Federation and the Islamic Republic of Iran on legal assistance and legal relations in civil and criminal matters
dated March 5, 1996”, did not come into force);
7. Agreement between the Russian Federation and the Kingdom of Spain on the provision of legal assistance in criminal matters dated March 25, 1996 (the Agreement was signed by the Russian Federation on March 25, 1996, ratified by the Federal Law of the Russian Federation of October 8, 2000 No. 127-FZ “On ratification of the Treaty between the Russian Federation and the Kingdom of Spain on the provision of legal assistance in criminal matters”, has not entered into force);
8. Treaty between the Russian Federation and the Kingdom of Cambodia on extradition dated February 1, 2017 (the Treaty was signed by the Russian Federation on March 28, 2017, ratified by Federal Law dated June 4, 2018 No. 125-FZ “On the ratification of the Treaty between the Russian Federation and the Kingdom Cambodia on extradition”, has not entered into force);
9. Agreement between the Russian Federation and the Democratic People's Republic of Korea on the transfer to serve sentences of persons sentenced to imprisonment dated December 5, 2017 (Agreement signed
Russian Federation on December 5, 2017, ratified by Federal Law No. 15-FZ of March 6, 2019 “On the ratification of the Treaty between the Russian Federation and the Democratic People’s Republic of Korea on the transfer to serve sentences of persons sentenced to imprisonment”, did not enter into strength);
10. Agreement between the Russian Federation and the Republic of Cuba on legal assistance and legal relations in civil and criminal cases dated December 14, 2000 (the Agreement was signed by the Russian Federation on December 14, 2000, not ratified, and has not entered into force);
11. Agreement between the Russian Federation and the Lao People's Democratic Republic on the transfer of persons sentenced to imprisonment, dated September 26, 2017 (the Agreement was signed by the Russian Federation on September 26, 2017, ratified by Federal Law No. 344-FZ of October 2, 2018 “On the ratification of the Treaty between the Russian Federation and the Lao People’s Democratic Republic on the transfer of persons sentenced to imprisonment” has not entered into force);
12. Agreement between the Russian Federation and the Republic of Mali on legal assistance and legal relations in civil, family and criminal matters dated August 31, 2000 (the Agreement was signed by the Russian Federation on August 31, 2000, not ratified, and has not entered into force.);
13. Convention between the Russian Federation and the Kingdom of Morocco on extradition of March 15, 2016 (the Convention was signed by the Russian Federation on March 15, 2016, ratified by Federal Law of July 26, 2017 No. 180-FZ “On the ratification of the Convention between the Russian Federation and the Kingdom Morocco on extradition”, has not entered into force);
14. Treaty between the Russian Federation and the Republic of Namibia on mutual legal assistance in criminal matters dated October 8, 2018 (the Treaty was signed in Windhoek on October 8, 2018, not ratified, did not enter into force);
15. Agreement between the Russian Federation and the Federal Republic of Nigeria on mutual legal assistance in criminal matters dated November 26, 2018 (the Agreement was signed in Moscow on November 26, 2018, not ratified, and has not entered into force).
16. Agreement between the Russian Federation and the Federal Republic of Nigeria on the transfer to serve sentences of persons sentenced to imprisonment, dated June 24, 2009 (the Agreement was signed by the Russian Federation on June 24, 2009, ratified by Federal Law of August 3, 2018 No. 277 “On the ratification of the Treaty between the Russian Federation and the Federal Republic of Nigeria on the transfer to serve sentences of persons sentenced to imprisonment” has not entered into force);
17. Agreement between the USSR and the Syrian Arab Republic on legal assistance in civil and criminal cases dated November 15, 1984. The agreement was signed by the USSR on November 15, 1984, not ratified, not entered into
by virtue of);
18. Agreement between the Russian Federation and the Republic of the Philippines on mutual legal assistance in criminal matters dated November 13, 2017 (the Agreement was signed by the Russian Federation on November 13, 2017 in Manila, ratified by Federal Law No. 276-FZ of August 3, 2018 “On the ratification of the Treaty between the Russian Federation and the Republic of the Philippines on mutual legal assistance in criminal matters” has not entered into force);
19. Treaty between the Russian Federation and the Republic of the Philippines on extradition dated November 13, 2017 (the Treaty was signed by the Russian Federation on November 13, 2017 in Manila, ratified by Federal Law dated August 3, 2018 No. 274-FZ “On the ratification of the Treaty between the Russian Federation and the Republic of the Philippines on Extradition”, has not entered into force).
It is customary to classify them on various grounds, including the body that adopted them, legal force (mandatory and advisory), and scope of action (bilateral, local, general).
UN covenants and conventions are binding on all countries that ratify them. The International Labor Organization adopts two types of acts containing standards for the legal regulation of labor: conventions and recommendations. Convention are international agreements and are binding on countries that ratify them. If the convention is ratified, the state takes the necessary measures to implement it at the national level and regularly submits reports to the Organization on the effectiveness of such measures. According to the ILO Constitution, a state's ratification of a convention cannot affect national rules that are more favorable to workers. For unratified conventions, the Governing Body may request information from the state on the state of national legislation and practice in its application, as well as on measures to improve them that are proposed to be taken. Recommendations do not require ratification. These acts contain provisions that clarify, detail the provisions of the conventions, or a model for regulating social and labor relations.
At present, it has been decided to slightly modify the ILO approach to the creation of conventions in order to ensure greater flexibility of legal regulation. Framework conventions will be adopted containing minimum guarantees of workers' rights, supplemented by relevant annexes. One of the first such acts was Convention No. 183 “Revising the Maternity Protection Convention (Revised), 1952.” A number of important provisions on maternity protection are contained in the relevant Recommendation. This approach makes it possible to encourage countries with an insufficient level of protection of social and labor rights to ratify this Convention and thereby ensure the minimum guarantees enshrined in it. Some developing countries fear that ratification of ILO conventions will place undue burden on employers. For economically more developed countries, these conventions set guidelines for increasing the level of guarantees. A study of the ILO's experience shows that states do not ratify certain conventions for various reasons, including in cases where at the national level, legislation or practice already provides a higher level of protection of workers' rights.
Main directions of international legal regulation of labor
The International Labor Organization is actively rule-making activities. During its existence, 188 conventions and 200 recommendations were adopted.
Eight ILO conventions are considered fundamental. They enshrine the basic principles of legal regulation of labor. These are the following conventions.
Convention No. 87 on Freedom of Association and Protection of the Right to Organize (1948), Convention No. 98 Concerning the Application of the Principles of the Right to Organize and Collective Bargaining (1949) establish the right of all workers and employers without prior permission create and join organizations. State authorities must not limit this right or interfere with its exercise. Measures are provided to protect the right to freedom of association, to protect trade unions from discrimination, as well as workers' and entrepreneurs' organizations from interference in each other's affairs.
Convention No. 29 Relating to Forced or Compulsory Labor (1930) requires the abolition of forced or compulsory labor in all its forms. Forced or compulsory labor means any work or service that is required of a person under threat of punishment and for which that person has not offered his or her services voluntarily. A list of works that are not included in the concept of forced or compulsory work has been determined.
Convention No. 105 “Abolition of Forced Labor” (1957) strengthens the requirements and establishes the obligations of states not to resort to any form of it as:
- means of political influence or education, or as a measure of punishment for the presence or expression of political views or ideological beliefs contrary to the established political, social or economic system;
- method of mobilizing and using labor for economic development;
- means of maintaining labor discipline;
- means of punishment for participation in strikes;
- measures of discrimination based on race, social and national origin or religion.
Convention No. 111 Relating to Discrimination (Employment and Occupation) (1958) recognizes the need for national policies aimed at eliminating discrimination in employment and training on the grounds of race, colour, sex, religion, political opinion, national or social origin .
Convention No. 100 Concerning Equal Remuneration for Men and Women for Work of Equal Value (1951) requires States to promote and ensure the implementation of the principle of equal remuneration for men and women for work of equal value. This principle may be applied by national legislation, any system of determining remuneration established or recognized by law, collective agreements between employers and workers, or a combination of various methods. To this end, it is also envisaged to take measures to facilitate an objective assessment of the work performed based on the labor expended. The Convention deals with the issue of basic wages and other remuneration provided directly or indirectly in money or in kind by the employer to the worker by virtue of the latter's performance of certain work. It defines equal remuneration for work of equal value as remuneration determined without discrimination on the basis of sex.
Convention No. 138 on the Minimum Age for Admission to Employment (1973) was adopted to eliminate child labor. The minimum age for employment should not be lower than the age of completion of compulsory education.
Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (1999) obliges states to immediately take effective measures to prohibit and eliminate the worst forms of child labor. The purposeful activities of the ILO over the past two decades, as well as the adoption of the 1944 Declaration, have contributed to an increase in the number of ratifications of these conventions.
Four more conventions are considered priority by the ILO:
- No. 81 "On Labor Inspection in Industry and Commerce" (1947) - establishes the obligation of states to have a system of labor inspection in industrial enterprises to ensure the application of legal provisions relating to working conditions and the protection of workers in the course of their work. It defines the principles of organization and activities of inspections, the powers and responsibilities of inspectors;
- No. 129 “On Labor Inspection in Agriculture” (1969) - based on the provisions of Convention No. 81, formulates provisions on labor inspection taking into account the specifics of agricultural production;
- No. 122 “On Employment Policy” (1964) - provides for the implementation by ratifying states of an active policy to promote full, productive and freely chosen employment;
- No. 144, Tripartite Consultation to Promote the Application of International Labor Standards (1976), provides for tripartite consultation between representatives of government, employers and workers at the national level on the development, adoption and application of ILO conventions and recommendations.
In general, we can highlight the following main directions of legal regulation ILO:
- basic human rights;
- employment;
- social politics;
- regulation of labor issues;
- labor relations and working conditions;
- social Security;
- legal regulation of the labor of certain categories of workers (particular attention is paid to the prohibition of child labor, labor protection for women; a significant number of acts are devoted to the regulation of the labor of sailors, fishermen and some other categories of workers).
The adoption of new generation conventions is due to a significant number of ILO acts and the urgent need to adapt the standards they contain to modern conditions. They represent a kind of systematization of international legal regulation of labor in a certain area.
Throughout its history, the ILO has paid significant attention to the regulation of the labor of seafarers and workers in the fishing sector. This is due to the nature and working conditions of these categories of persons, which especially require the development of international standards of legal regulation. About 40 conventions and 29 recommendations are devoted to the issues of regulating the labor of seafarers. In these areas, first of all, new generation IG conventions were developed: “Labor in Maritime Shipping” (2006) and “On Labor in the Fishing Sector” (2007). These conventions should provide a qualitatively new level of protection of the social and labor rights of these categories of workers.
The same work has been carried out in relation to labor protection standards - we are talking about ILO Convention No. 187 “On the principles promoting occupational safety and health” (2006), supplemented by the corresponding Recommendation. The Convention stipulates that a state that has ratified it shall promote the continuous improvement of occupational safety and health in order to prevent cases of occupational injuries, occupational diseases and deaths at work. To this end, policies, systems and programs are developed in consultation with the most representative employers' and workers' organizations at the national level.
The National Safety and Hygiene System includes:
- regulations, collective agreements and other relevant instruments on occupational safety and health;
- activities of the body or department responsible for occupational safety and health issues;
- mechanisms to ensure compliance with national laws and regulations, including inspection systems;
- measures aimed at ensuring cooperation at the enterprise level between its management, employees and their representatives as a basic element of preventive measures at work.
The Recommendation on the Framework for Promoting Occupational Safety and Health complements the provisions of the Convention and is aimed at facilitating the development and adoption of new instruments and the international exchange of information in the field of occupational safety and health.
In the sphere of labor relations regulation, conventions on termination of employment and wage protection are of great importance. ILO Convention No. 158 on Employment Termination (1982) was adopted to protect workers from termination of employment without legal grounds. The Convention establishes the requirement of justification - there must be a legal basis related to the abilities or behavior of the worker or caused by production necessity. It also lists reasons that are not legal grounds for termination of employment, including: membership in a union or participation in union activities; intention to become a workers' representative; acting as a representative of breastfeeding women; filing a complaint or participating in a case brought against an entrepreneur on charges of violating the law; discriminatory grounds - race, color, sex, marital status, family responsibilities, pregnancy, religion, political opinion, nationality or social origin; absence from work while on maternity leave; temporary absence from work due to illness or injury.
The Convention sets out both the procedures to be followed before and during the termination of an employment relationship and the procedure for appealing a decision to dismiss. The burden of proving the existence of a legal basis for dismissal rests with the employer.
The Convention provides for the right of the employee to be given reasonable notice of the planned termination of the employment relationship or the right to monetary compensation in lieu of notice if he has not committed a serious misconduct; the right to severance pay and/or other types of income protection (benefits from the unemployment insurance fund, unemployment funds or other forms of social security). In case of unjustified dismissal, the impossibility of canceling the decision on dismissal and reinstating the worker to his previous job, payment of appropriate compensation or other benefits is expected. In the event of termination of the employment relationship for economic, technological, structural or similar reasons, the employer is obliged to inform the employees and their representatives, as well as the relevant government agency, about this. States at the national level may impose certain restrictions on mass layoffs.
ILO Convention No. 95 “On the Protection of Wages” (1949) contains a significant number of rules aimed at protecting the interests of workers: on the form of payment of wages, on the limitation of payment of wages in kind, on the prohibition of entrepreneurs from limiting the freedom to dispose of their wages according to at its discretion and a number of other important provisions. In Art. 11 of this Convention stipulates that in the event of bankruptcy of an enterprise or its liquidation in court, workers will enjoy the position of privileged creditors.
The International Labor Organization also adopted Convention No. 131 “On the Establishment of Minimum Wages with Special Consideration to Developing Countries” (1970). In accordance with it, states undertake to introduce a minimum wage system covering all groups of employees whose working conditions make the application of such a system appropriate. The minimum wage under this Convention “shall have the force of law and shall not be reduced.” When determining the minimum wage, the following factors are taken into account:
- the needs of workers and their families, taking into account the general level of wages in the country, the cost of living, social benefits and the comparative standard of living of other social groups;
- economic considerations, including economic development requirements, productivity levels, and the desirability of achieving and maintaining high levels of employment. To ensure the effective implementation of all minimum wage provisions, appropriate measures such as proper inspection, supplemented by other necessary measures, are taken.
List of ILO conventions in force in the Russian Federation
1. Convention No. 11 “On the right of organization and association of workers in agriculture” (1921).
2. Convention No. 13 “On the use of white lead in painting” (1921).
3. Convention No. 14 “On weekly rest in industrial undertakings” (1921).
4. Convention No. 16 “On the compulsory medical examination of children and young people employed on board ships” (1921).
5. Convention No. 23 “On the Repatriation of Seafarers” (1926).
6. Convention No. 27 “On the Indication of the Weight of Heavy Goods Carried on Ships” (1929).
7. Convention No. 29 “Forced or Compulsory Labor” (1930).
8. Convention No. 32 “On the protection against accidents of workers engaged in loading or unloading ships” (1932).
9. Convention No. 45 “On the Employment of Women in Underground Work in Mines” (1935).
10. Convention No. 47 “On the reduction of working time to forty hours a week” (1935).
11. Convention No. 52 “On annual holidays with pay” (1936).
12. Convention No. 69 “On the issuance of certificates of competency for ship's cooks” (1946).
13. Convention No. 73 “On the Medical Examination of Seafarers” (1946).
14. Convention No. 77 “On the medical examination of children and adolescents with a view to ascertaining their suitability for work in industry” (1946).
15. Convention No. 78 “On the Medical Examination of Children and Young Persons for the Purpose of Determining Their Fitness for Non-Industrial Work” (1946).
16. Convention No. 79 “On the Medical Examination of Children and Young Persons for the Purpose of Determining Their Fitness for Work” (1946).
17. Convention No. 87 “On Freedom of Association and Protection of the Rights to Organize” (1948).
18. Convention No. 90 on Night Work by Young Persons in Industry (revised 1948).
19. Convention No. 92 on Accommodation for Crews on Board Ships (revised 1949).
20. Convention No. 95 “On the Protection of Wages” (1949).
21. Convention No. 98 “On the Application of the Principles of the Right to Organize and to Collective Bargaining” (1949).
22. Convention No. 100 “On equal remuneration for men and women for work of equal value” (1951).
23. Maternity Protection Convention No. 103 (1952).
24. Convention No. 106 “On weekly rest in commerce and institutions” (1957).
25. Convention No. 108 “National Identity Document for Seafarers” (1958).
26. Convention No. 111 on Discrimination (Employment and Occupation) (1958).
27. Convention No. 113 “Medical Examination of Seafarers” (1959).
28. Convention No. 115 “On the Protection of Workers from Ionizing Radiation” (1960).
29. Convention No. 116 “On the Partial Revision of Conventions” (1961).
30. Convention No. 119 “On the provision of protective devices for machinery” (1963).
31. Convention No. 120 “On Hygiene in Commerce and Establishments” (1964).
32. Employment Policy Convention No. 122 (1964).
33. Convention No. 124 “On the Medical Examination of Young Persons for the Purpose of Determining Their Fitness for Work in Underground Work in Mines and Mines” (1965).
34. Convention No. 126 on Crew Accommodation on Board Fishing Vessels (1966).
35. Convention No. 133 “On accommodation for crew on board ships”. Additional Provisions (1970).
36. Convention No. 134 “On the Prevention of Occupational Accidents among Seafarers” (1970).
37. Minimum Age Convention No. 138 (1973).
38. Convention No. 142 “On Vocational Guidance and Training in the Field of Human Resources Development”.
39. Convention No. 147 “Minimum Standards on Merchant Ships” (1976).
40. Convention No. 148 “On the protection of workers against occupational hazards caused by air pollution, noise and vibration at work” (1977).
41. Convention No. 149 “On the employment and working and living conditions of nursing personnel” (1977).
42. Convention No. 159 “On Vocational Rehabilitation and Employment of Persons with Disabilities” (1983).
43. Labor Statistics Convention No. 160 (1985).
Of the 56 ILO conventions in force in Russia, most were ratified in the USSR. 10 conventions have been ratified in the Russian Federation by federal laws, and the first of them was ratified by the law of October 30, 1997 No. 50-FZ Convention 156 “on equal treatment and equal opportunities for working men and women workers with family responsibilities” (came into force for Russian Federation February 13, 1999). Russia is among the 30 countries that have ratified the largest number of human rights conventions. When considering their significance, it should be noted that the Russian Federation has ratified what is considered the most important by the Governing Body of the International Labor Office, such as Convention 29 “on forced or compulsory labor”. In connection with which forced labor was prohibited at the legislative level in the Russian Federation. Forced labor is prohibited in Part 2 of Art. 37 of the Constitution of the Russian Federation, ILO Convention No. 29 on forced or compulsory labor, ILO Convention No. 105 on the Abolition of Forced Labor, as well as in Art. 4 Labor Code of the Russian Federation
In Part 2 of Art. 4 of the Labor Code of the Russian Federation, the circumstance characterizing the legal concept of “forced labor” is work under the threat of any punishment (forceful influence). Whereas in Art. 2 of the ILO Convention No. 29 on forced or compulsory labor, this concept is defined as any work or service required of a person under threat of any penalty, for which that person has not offered his services voluntarily.
Convention 87 on Freedom of Association and Protection of the Right to Organize, Convention 98 on the Application of the Principles of the Right to Organize and Collective Bargaining, Convention 100 on Equal Remuneration for Men and Women for Work of Equal Value, Convention 105 on the Abolition of Forced Labour, Convention 111 on Discrimination in Employment and Occupation, Convention 138 on the Minimum Age for Employment.
The most important documents that define the issues of social protection of workers in the process of work and formulate the conceptual foundations of the state policy of the international community in the field of labor conditions and safety are Convention 155 (1981) “On Safety, Health and the Working Environment” ratified in Russia, Convention 150 (1978) Labor Regulation.
Convention The International Labor Organization (ILO) are among the sources of labor law. The list of ILO Conventions ratified by the USSR and the Russian Federation and currently in force is given in Table B2.
IN In July 2010, the President of Russia signed federal laws that ratified three conventions of the International Labor Organization: Convention No. 132 “on paid holidays”, Convention No. 135 “on the protection of the rights of employee representatives in the enterprise and the opportunities provided to them”, as well as Convention No. 154 “ on promoting collective bargaining."
The Holidays with Paid Convention (Convention No. 132) protects the rights of workers associated with guaranteed paid annual leave. The document provides for the minimum duration of such leave (three weeks), the minimum period of work (no more than six months) required to obtain the right to this leave and a number of other indicators and rules.
According to Alexander Safonov, “tentatively, the instrument of ratification will be entered into the ILO register at the autumn session of this organization.” The Deputy Minister of Health and Social Development of the Russian Federation stated this at a press conference dedicated to the adoption of Convention No. 132, most likely in November. After this, a transition period (one year) is given, during which national legislation must be harmonized with the convention. Thus, it will come into force in Russia no earlier than November 2011.
The State Legal Administration of the President of the Russian Federation analyzed Russian legislation (in particular, Chapter 19 of the Labor Code of the Russian Federation “Vacations”) for compliance with Convention No. 132 and came to the conclusion that there is full compliance. This means that amendments to the current legislation in connection with the ratification of the convention are not required Help from the GPU on the website of the President of the Russian Federation (www.kremlin.ru/news/8224).. The Deputy Minister of Health and Social Development also believes that with the signing of the convention there will be no fundamental changes in our labor legislation; it already complies with international standards, and in a number of parameters even exceeds them. The Convention was adopted with the following statements:
- 1) The Russian Federation, in accordance with paragraph 2 of Article 3 of Convention No. 132, declares that the minimum duration of annual paid leave in the Russian Federation is 28 calendar days;
- 2) The Russian Federation, in accordance with paragraph 2 of Article 15 of Convention No. 132, declares that it assumes obligations under Convention No. 132 in relation to the persons listed in subparagraphs “a” and “b” of paragraph 1 of Article 15 of Convention No. 132.
The activities of employee representatives at the enterprise often cause dissatisfaction with the employer, who through his actions can cause damage to them. For example, it is illegal to fire. If the dismissal is related specifically to the status (activity) of the representative or his membership in a trade union, you can count on the Convention on the Protection of the Rights of Workers' Representatives in the Enterprise and the Opportunities Provided to them (Convention No. 135) Adopted by the 56th session of the ILO General Conference on June 23, 1971 and entered into force on June 30, 1973. Ratified by Federal Law of July 1, 2010 No. 137-FZ. Russia is the 84th state to ratify this convention. . It is understood that the representative himself is acting in accordance with the law, collective agreements or other jointly agreed terms. In other words, employee representatives must comply with the requirements of the law, and protection (guarantees) is provided to them only in connection with the direct implementation of trade union activities. The above applies both to trade union representatives who are appointed or elected by trade unions (their members), and to elected representatives - freely elected by the employees of the enterprise in accordance with the provisions of national legislation. Such representatives must be provided with the means to perform their functions quickly and efficiently. This takes into account the peculiarities of the labor relations system of the country ratifying the said convention, as well as the needs, size and capabilities of a particular business.
Expert opinions regarding the inevitability of changes in the labor code in connection with the ratification of Conventions 132 and 135 can be analyzed in the article by Natalie Litvinova, an expert at the magazine Recruitment Agency (Table B3).
Convention on the Promotion of Collective Bargaining (Convention No. 154) Adopted by the 67th session of the ILO General Conference in Geneva on June 19, 1981, entered into force on August 11, 1983. Ratified by Federal Law No. 138-FZ of July 1, 2010. Russia is 41st on the list of countries that have ratified this convention. An employer, a group of employers or one or more employers' organizations. and employees One or more workers' organizations. to determine working and employment conditions, regulate labor relations.
By According to specialists of the State Political Directorate of the President of the Russian Federation, the requirements of the convention correspond to the norms of the Labor Code, which makes it possible for the parties to social partnership to apply national norms when conducting collective bargaining Section II “Social partnership in the sphere of labor” of the Labor Code of the Russian Federation (certificate of the GPU on the website of the President of the Russian Federation www.kremlin.ru/news/8265)..
The ILO has always been a unique meeting place for free and open discussions between governments and social partners, giving them the opportunity to exchange experiences and compare policies in their countries. Providing advice and technical assistance is one of the main means of achieving the objectives of the ILO.