Freedom of Association: the Case of Russia
Two main conclusions are made concerning the workers’ representation system in Russia. First: the system is quite far from being in conformity with the ideals of real freedom of association and collective bargaining.
Second: it is quite unlikely that this situation will change fundamentally in the nearest future. Only the major social unrest may provoke the liberalization oфf collective bargaining and collective labor disputes legislation in Russia. But present state of things itself constitutes a threat to social stability and may trigger much more dangerous trends that it is now supposed to prevent.
The article deals with the issues of Russian labour law compliance to the international labour standards in several crucial issues: discrimination in employment, freedom of association, wages etc.
The article deals with an understanding of the right to strike as a human right, which was formed during the 20th century, its place among human rights, normative regulation of the right to strike at the international and national levels, as well as its role in labor relations and employment law. The centerpiece of the article is the study of crisis recognition of the right to strike, caused by the Employers' Group’s statements at the International Labour Conference in 2012. During this conference, the representative of the Employers' Group has notified that they refuse to discuss the list of countries, selected from the report of the Committee of Experts and earlier approved by tripartite partners, not fulfilling obligations arising from ratified Conventions, at the Committee on the Application of Standards of the International Labour Conference,
This statement was motivated by the fact that the right to strike is not expressly recognized in the Convention #87, and the Committee of Experts, when making conclusions about the violation of the right to strike by some states – ILO members, has gone beyond his mandate. This raised the question not only on the recognition of the right to strike, which was developed during decades, but also about the mandate of the Committee of Experts as a whole. To understand the scope of the modern recognition of the right to strike, the history of the adoption of the ILO standards concerning the right to strike, and discussions on the content of standards are investigated. The article analyses how the interpretation of the Convention №87, developed by the ILO supervisory bodies, particularly by the Committee on Freedom of Association and the Committee of Experts on application of Conventions and Recommendations; explores limits of the mandate of mentioned bodies in interpretation of the conventions’ content; the role of Employers', Workers’ and Governments” groups in the recognition and development of these interpretations. Efforts undertaken inside the ILO to overcome this crisis are also being explored.
The right of workers to ‘strike’ – to refuse to work pending the outcome of employer-employee negotiations concerning specified demands – is legally recognized virtually worldwide. Yet national laws on strike action vary enormously, both in terms of the extent of state regulation and of specific procedural rules. The importance of strike law becomes obvious when taking the enormous economic and financial consequences of strikes into account. Considering how many people and businesses are affected by strike actions – particularly with the globalization of industry – the value of a comparative assessment of the right to strike becomes very clear. This book brings together 31 country chapters, each written by national experts on strike law. An introductory general chapter sheds light on similarities and outlines differences in the laws of the countries concerned. The present volume is an outcome of the proceedings of the World Congress of the International Society for Labour and Social Security Law which took place in Santiago, Chile, in September 2012. The country reports submitted at that time have been modified and updated, and more country reports have been added. Each chapter covers the following specific topics:legal definitions; the legal basis of the right to strike; ; the right to call a strike; the right to participate in a strike; lawful strikes according to their purpose; procedural requirements; peace obligations; other limitations to strikes; the public sector and ‘essential services’; specific emanations of strikes and other forms of industrial action; legal consequences of lawful strikes; legal consequences of unlawful strikes; dispute resolution; support of strikers; parity of parties and neutrality of the state; and strikes in practice.
Because the strike law issues lawmakers, judges, and legal practitioners must address are similar no matter what the jurisdiction, it makes sense to look beyond borders to learn what solutions are being implemented in other countries. For this reason, the book is sure to prove highly useful in practice and policy contexts. As the first in-depth comparative analysis of a crucial part of labour law, it will also be indispensable to academics in the field.
Article is dedicated to analysis of the so-called state-public and public-state associations legal status. The author argues inconsistency of their status with characteristics of associations to which Article 30 of the Constitution of the Russian Federation guarantees freedom of association.