INDUSTRIAL RELATIONS IN USSR/RUSSIA

Constitution of the Russian Federation

The current Constitution of the Russian Federation (hereafter the CRF) came into force on 12 December 1993, following its approval by nationwide referendum. It declares that the Russian Federation is a democratic, federal, multi-ethnic republic, based on the rule of law. State power is divided between three separate but equal branches of government the legislature, the executive and the judiciary.

Labour rights in the Constitution

According to the CRF, the Russian Federation is a social state, whose policies shall be aimed at creating conditions, which ensure a dignified life and the free development of man. It shall protect the work and health of its people, establish a guaranteed minimum wage, provide state support for family, motherhood, fatherhood and childhood, and also for the disabled and for elderly citizens, develop a system of social services and establish government pensions, benefits and other social security guarantees.

Other Labour Law enactments

The following separate pieces of legislation (in their chronological order) supplemented or further developed provisions of the LC: The Employment of Population Act, of 1991 in its edition of 20.04.96 (last amended on 7 August 2000); The Collective Agreements and Accords Act, 1992 (last amended on 1 May 1999); The Settlement of Collective Labour Disputes Act, 1995 (last amended on 6 November 2001); The Trade Union Act, 1996; The Russian Tripartite Commission for Regulation of the Socio-Labour Relations Act, 1999; The Russian Tripartite Commission on Regulation of Socio-Labour Relations Act, 1 May 1999; The Fundamentals of Health and Safety Act, 1999; The Compulsory Social Insurance Against Occupational Accidents and Diseases Act, 1998 (last amended on 25 October 2001); The Insolvency (Bankruptcy) Act, 1997; The Minimum Wages Act, 2000; The Fundamentals of Public Service Act, 1995 (last amended on 7 November 2000).

labour law regulations

According to the LC, the labour law regulations in the Russian Federation are applicable to all workers who have entered into employment relationships with employers. The application of the LC and other labour laws and regulations is mandatory in the entire territory of the Russian Federation for all enterprises (legal and physical entities) irrespective of their legal status and form of ownership. In the cases when it is established by a court of law that a civil law contract in fact regulates an employment relationship, provisions of labour law are applicable. The labour law regulations in the Russian Federation are also applicable to employment relationships with foreigners and persons without citizenship, unless otherwise is provided by a federal law or an international treaty of the Russian Federation.

Trade union Regulations

Trade union activities are regulated by the Trade Union Act, 1996 (hereafter the TUA) and by the LC. All workers (of at least fourteen years of age) have the right to freely and independently establish trade unions to protect their rights, to join trade unions, to become involved in trade union activities and withdraw from trade unions without prior authorization. Trade unions have the right to set up their own associations at industry, territory or other levels. They have the right to cooperate with trade unions of other states, to enter into international trade unions and other associations and organizations, and to conclude treaties and agreements with them.

Workers Participation:
Main forms of workers' participation are the following: taking account by the employer of the opinion of the workers representative body in the cases specifically envisaged in the LC or collective agreements; employers consultations with the workers representatives on the matters concerning the adoption of the enterprise level normative regulations; informaing the workers representatives on questions directly affecting workers' interests; discussions with the employer on matters concerning the functioning of the enterprise; participation of the workers representatives in collective bargaining.

Collective Bargaining

According to Articles 36 of the LC, both employers and workers representatives are entitled to initiate collective bargaining. On receipt of a written proposal to start collective bargaining the other party must within seven calendar days enter into the negotiations. In the case of two or more primary trade union organizations existing in the enterprise, they have to set up a joint bargaining representation body on the basis of proportional union membership representation which has to include all primary trade union organizations.

Disputes Settlement
Labour Law of the Russian Federation provides for different settlement procedures depending on whether the dispute is individual or collective. For individual disputes procedural distinctions have been made depending on whether the dispute is over the application of already existing standards governing conditions of work (the so-called dispute of rights) or over the new conditions of work or a change in existing conditions (the so-called interest dispute).

Individual disputes settlement

Article 381 of the LC defines an individual labour dispute as a disagreements between a worker and an employer concerning the application of labour legislation and other normative acts, collective agreements and other agreements on labour, and also the conditions of the contract of employment. According to the LC, such disputes are considered by the labour disputes settlement commissions (hereafter the LDSC) and by the courts of law of general jurisdiction.

Collective disputes settlement

Article the LC defines collective labour disputes as unresolved differences between workers and employers concerning: the establishment of new or a change in the existing conditions of work (including wages); the conclusion, change and implementation of collective agreements and accords; and the employers refusal to take into account the view of the workers representative, while making decisions of a normative nature at the enterprise. Conciliation procedures mean consideration of a collective labour dispute by:

the conciliation commission;

the parties themselves with the participation of amediator; or the labour arbitration.