Russian Collective Labour Law: Trade Unions, Collective Agreements, and Strike Regulation

Russian collective labour law is governed by the Labour Code (TK RF, Sections I–II, Chapters 3–9), the Federal Law on Trade Unions (No. 10-FZ of 12 January 1996), the Federal Law on the Procedure for the Resolution of Collective Labour Disputes (No. 175-FZ of 23 November 1995), and other federal laws. The legal framework establishes the rights of trade unions, the procedure for collective bargaining and the conclusion of collective agreements, and the regulation of strikes and other forms of collective action.

Trade Unions

Trade unions (professionalnyye soyuzy) in Russia are mass-membership organisations that represent and protect the rights and interests of employees in labour relations. The largest trade union federation is the Federation of Independent Trade Unions of Russia (Federatsiya Nezavisimykh Profsoyuzov Rossii, FNPR), which succeeded the Soviet-era All-Union Central Council of Trade Unions. The FNPR unites approximately 120 member organisations covering about 20 million workers. The FNPR’s influence, while significant, has declined from the Soviet period, reflecting the reduced role of trade unions in the post-Soviet economy and the growth of non-unionised employment. The Federal Law on Trade Unions grants trade unions the right to: represent employees in collective bargaining; participate in the management of social insurance funds; monitor compliance with labour legislation; participate in the resolution of collective labour disputes; and organise strikes. Trade unions may be established at the enterprise level (primary trade union organisations) and at the industry, regional, and federal levels. The law prohibits discrimination based on trade union membership and provides guarantees for trade union officials (including the requirement of consent for dismissal).

Collective Agreements

A collective agreement (kollektivny dogovor) is a legal act regulating labour relations and other directly related relations in an organisation, concluded by the employees and the employer represented by their authorised representatives (Article 40 of the Labour Code). The collective agreement may include provisions on: the form, system, and amount of remuneration; the payment of bonuses and other incentives; the employment and retraining of workers; working time and rest time (including the duration of leave); the improvement of working conditions and labour safety; and additional social benefits and guarantees. The collective agreement is concluded for a term of up to three years and may be extended for up to three years. The procedure for collective bargaining is governed by Articles 36–39 of the Labour Code. The initiator of collective bargaining must send a written proposal to the other party, which must respond within seven days and enter into negotiations. If the parties cannot reach agreement, a protocol of disagreement is drawn up, and the unresolved issues are referred to a conciliation commission.

Labour Disputes Commissions

Labour disputes commissions (komissii po trudovym sporam) are bodies established at the enterprise level for the resolution of individual labour disputes. The commission is composed of an equal number of representatives of the employer and the employees. The commission has jurisdiction over individual labour disputes, including disputes over wages, working conditions, disciplinary sanctions, and other matters arising from the employment relationship. The dispute is submitted to the commission by the employee, and the commission must consider the dispute within ten days. The commission’s decision may be appealed to the court within ten days. The commission is an alternative to judicial resolution, and the employee may choose to apply to the commission or directly to the court.

Strike Regulation

The right to strike is guaranteed by Article 37 of the Constitution and regulated by Chapter 61 of the Labour Code. A strike is defined as a temporary voluntary refusal of employees to perform labour duties (in whole or in part) for the purpose of resolving a collective labour dispute. The decision to strike is adopted by a general meeting of employees (or a conference) by a majority of votes of the employees present, with a quorum of at least half of the employees. The decision must be in writing and must specify the list of demands, the proposed date and duration of the strike, the estimated number of participants, and the body leading the strike. The employer must be notified of the strike at least ten days in advance.

Strikes are prohibited in certain sectors and circumstances: during periods of martial law or a state of emergency; in bodies and organisations of the armed forces; in law enforcement agencies; in organisations directly serving particularly hazardous types of production or equipment; and in organisations related to the life support of the population (energy supply, heating, water supply, gas supply, medical care) where a strike would create a threat to the defence of the country or the security of the state, or to the life and health of people. The government may restrict the right to strike in these organisations but may not prohibit it entirely; the resolution of the collective labour dispute in such organisations is subject to special conciliation procedures.

A strike that is conducted in violation of the established procedure is declared illegal by the Supreme Court of the Republic, the regional or territorial court, or the federal city court, upon the application of the employer or the Procuracy. A strike that creates a real threat to the foundations of the constitutional order or the health of others may also be declared illegal. The participation of employees in an illegal strike is a disciplinary offence, and the employer may dismiss employees who participated in an illegal strike. The strike is suspended or postponed if the strike creates a real threat to the life and health of people.

Conciliation Procedures

The resolution of collective labour disputes is governed by Chapter 61 of the Labour Code and the Federal Law on the Procedure for the Resolution of Collective Labour Disputes. The conciliation procedure comprises three stages: examination of the dispute by a conciliation commission; examination of the dispute with the participation of a mediator; and examination of the dispute in labour arbitration. The conciliation commission is formed by the parties within three days of the commencement of the collective labour dispute. The mediator is appointed by agreement of the parties, and the labour arbitration is a temporary body formed by the parties and the State Labour Inspectorate. The failure of the conciliation commission and the mediator to resolve the dispute entitles the employees to resort to strike. The labour arbitration is an alternative to strike and is mandatory for organisations and sectors where strikes are restricted.

Rostrud Labour Inspection

The Federal Service for Labour and Employment (Federalnaya Sluzhba po Trudu i Zanyatosti, Rostrud) is the federal executive body responsible for the supervision and control of compliance with labour legislation and other regulatory acts containing labour law norms. Rostrud conducts inspections of employers, reviews complaints from employees and trade unions, and issues orders to eliminate violations of labour legislation. Rostrud may apply to the court for the suspension of an employer’s activities if the violations create a threat to the life and health of employees. Rostrud also provides information and advisory services to employers and employees. The State Labour Inspectorate (Gosudarstvennaya Inspektsiya Truda) operates within Rostrud as the territorial body responsible for inspections. Rostrud has been active in the enforcement of labour legislation in areas including wage arrears, occupational safety, and employment discrimination.

Significance

Russian collective labour law provides a framework for the representation of employees’ interests through trade unions, collective bargaining, and collective agreements. The right to strike and the conciliation procedures for collective labour disputes are constitutionally guaranteed. The effectiveness of the collective labour law framework is limited by the declining membership of trade unions, the predominance of employer-friendly conciliation procedures, the restrictions on the right to strike, and the limited enforcement capacity of Rostrud. The collective labour law framework has been adapted to the post-Soviet economic context, but the legacy of the Soviet trade union system — in which trade unions served as transmission belts for state policy rather than independent representatives of workers’ interests — continues to influence the development of collective labour relations.