ILO conventions and powers of the labor inspector. ILO Convention on Labor Inspection in Industry and Commerce (Russian) International Labor Organization Convention 81

An unscheduled on-site inspection conducted in connection with the expiration of the deadline for the execution by a legal entity, an individual entrepreneur of a previously issued order to eliminate the identified violation of mandatory requirements, a legal entity, an individual entrepreneur is notified by the supervisory authority at least twenty-four hours before the start of its conduct by any available means .

Before allowing employees of regulatory authorities to check, be sure to check the information specified in the order or order for compliance with the name of the legal entity or individual entrepreneur, and also compare the full name. persons listed in this document, with their certificates presented.

If you have any doubts about the legality of the check, you can always ask the inspectors to provide the telephone number of the regulatory authority (it is also usually indicated on the order or order form itself) and clarify whether the order or order to conduct this check is registered.

Copies of the order or order to conduct an inspection, certified by the seal of the relevant regulatory body, are handed against signature to the head, authorized representative of the legal entity or individual entrepreneur. At the same time, employees of the regulatory body are required to present service certificates.

Completion of the inspection Based on the results of the inspection, the officials of the controlling body conducting the inspection draw up an act in the prescribed form in two copies. Standard form of the inspection certificate is established by the already mentioned Order of the Ministry economic development dated April 30, 2009 N 141.

In case of disagreement with the facts set forth in the inspection act, or with the issued order to eliminate the identified violations, the inspected, within fifteen days from the date of receipt of the inspection act, have the right to submit objections in writing to the relevant supervisory authority in relation to these documents in general or in part of their individual provisions.

Certification of workplaces in terms of working conditions involves an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection.

All workplaces available in the organization are subject to certification of workplaces in terms of working conditions. Assessment of compliance of working conditions with state regulatory requirements for labor protection includes: assessment of compliance of working conditions with hygienic standards; assessment of the injury risk of workplaces; assessment of the provision of employees with PPE; a comprehensive assessment of working conditions in the workplace.

Order 1. Appointment of an attestation commission. 2. Determination of the composition of the commission, and, if necessary, the composition of the attestation commissions in the structural divisions of the organization 3. The chairman of the attestation commission is approved. 4. The terms and schedules for the work on attestation of workplaces in terms of working conditions are determined.

The results of certification of workplaces in terms of working conditions are drawn up in the form of a package of documents containing: Order on certification of workplaces in terms of working conditions and involvement of the Certifying Organization in this work (if necessary); The list of workplaces of the organization subject to certification in terms of working conditions, with the allocation of similar jobs and an indication of the estimated factors of working conditions in accordance with; Copies of documents for the right to carry out measurements and assessments of working conditions by the Certifying Organization (if it is involved);

Job attestation cards for working conditions; Statements of workplaces of subdivisions and the results of their attestation of workplaces in terms of working conditions and a summary sheet of workplaces of the organization and the results of their certification in terms of working conditions; Action plan to improve and improve working conditions in the organization; Minutes of the meeting of the attestation commission based on the results of attestation of workplaces in terms of working conditions; Order on completion of certification of workplaces and approval of its results.

NOVATION With the Order of the Ministry of Health and Social Development of the Russian Federation of N 342n "On approval of the Procedure for attestation of workplaces for working conditions" a new procedure for attestation of workplaces for working conditions was introduced.

The procedure for preparing for the attestation of workplaces in terms of working conditions 1. The employer creates an attestation commission, and also determines the schedule for the attestation work. 2. The composition of the attestation commission includes representatives of the employer, a labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of workers, representatives of the attesting organization. May include heads of structural divisions of the organization, lawyers, personnel specialists, labor and wages specialists, chief specialists of the organization, medical workers and other employees.

In what cases is the Employer obliged to notify the employment service? What should be reported to the employment service Since 2010, when making a decision by an individual entrepreneur on a possible termination employment contracts in case of termination of activities or in case of reduction in the number or staff of employees, the entrepreneur is obliged, no later than two weeks before the start of the relevant activities, to notify the employment service in writing about this (clause 2, article 25 of the Law of d “On employment in Russian Federation”, hereinafter referred to as the Employment Law). Note that for organizations, the deadline for notification is two months.

Since 2009, all employers are required to report in writing to the service authorities about the introduction of part-time work, as well as the suspension of production. This must be done within three working days after the adoption of the relevant decision (clause 2, article 25 of the Employment Law).

*** If such notification is not sent, the organization may be held administratively liable. Article of the Code of Administrative Offenses of the Russian Federation establishes that failure to submit or untimely submission to a state body (official) of data (information), the submission of which is provided for by law and is necessary for the implementation of this body (official) of its legal activities, as well as submission to a state body (official) such information (information) in an incomplete or distorted form, with the exception of cases provided for by Art. Article 19.8 of the Code of Administrative Offenses of the Russian Federation, entails the imposition of an administrative fine: - on officials - from 300 to 500 rubles; - for legal entities - from 3000 to 5000 rubles.

All employers are required to provide monthly information to the employment service authorities on the availability of vacancies (positions) (clause 3, article 25 of the Employment Law). Information on the fulfillment of the quota for the employment of persons with disabilities applies only to organizations (Article 21 federal law from the city; 181-FZ "On social protection disabled people in the Russian Federation)

Dismissal at the initiative of the employee 1. Submission by the employee of a letter of resignation (with the reason for dismissal) 2. Registration of the application. Establishing the date of dismissal 3. Approval of the application by interested parties 4. Drawing up a draft order for dismissal. Signing by the parties 5. Registration of the order. Entering information into the T-2 personal card, work book and personal file of the employee work book in the hands of the worker

1. Preparation of documents - grounds for dismissal at the initiative of the employer (acts, memoranda, orders, etc.) 2. Notification of regulatory authorities, trade union committee (if necessary) 3. Notification of the employee about the dismissal, indicating the date 4. Drafting dismissal order. Signing by the parties 5. Registration of the order. Entering information into the T-2 personal card, work book and personal file of the employee Dismissal at the initiative of the employer

1. Labor inspection system on industrial enterprises applies to all establishments for which labor inspectors are required to ensure that the provisions of the law relating to working conditions and the protection of workers in the course of their work are applied.

2. Any Member which has made such a declaration may at any time revoke it by a subsequent declaration.

3. Any Member for which a declaration made under paragraph 1 of this Article is in force shall, in its annual reports on the application of this Convention, report on the state of law and practice in relation to the provisions of Section II of this Convention and indicate the extent to which the implementation or it is intended to implement these provisions.

Article 26

Where it is not certain that this Convention applies to any undertaking, or part or service thereof, the matter shall be decided by the competent authority.

Article 27

In this Convention, the term "statutory provisions" means, in addition to provisions of law, arbitration awards and collective agreements having the force of law, the application of which must be enforced by labor inspectors.

Article 28

In the annual reports submitted in accordance with Article 22 of the Constitution of the International labor organization, provides details of all provisions of national law giving effect to the provisions of this Convention.

Article 29

2. Each Member of the Organization, in its first annual report on the application of this Convention, submitted in accordance with Article 22 of the Constitution of the International Labor Organization, shall indicate all the areas in respect of which it intends to avail itself of the provisions of this Article, as well as the reasons for which it intends to avail itself of these provisions. No Member of the Organization, after the submission of its first annual report, may invoke the provisions of this article except in respect of the areas specified in that report.

3. Each Member which invokes the provisions of this Article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to invoke the said provisions.

Article 30

(a) the territories in respect of which the Member concerned undertakes to apply the provisions of the Convention without modification;

B) the territories in respect of which it undertakes to apply the provisions of the Convention, as modified, and the details of these modifications;

C) the territories in which the Convention would not apply and, in such cases, the reasons why it would not apply to them;

D) the territories in respect of which he reserves his decision.

2. The obligations referred to in subparagraphs "a" and "b" of paragraph 1 of this article shall be considered an integral part of ratification and shall have the same effect as it.

3. Any Member of the Organization may, by a new declaration, withdraw all or part of the reservations contained in its previous declaration by virtue of subparagraphs "b", "c" and "d" of paragraph 1 of this article.

4. Any Member of the Organization may, during the periods during which this Convention may be denounced in accordance with the provisions of Article 34, communicate to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the situation in certain territories.

Article 31

2. A declaration of acceptance of the obligations of this Convention may be addressed to the Director General of the International Labor Office:

A) by two or more Members of the Organization in respect of a territory which is under their joint administration;

B) any international authority responsible for the administration of any territory under the provisions of the Charter of the United Nations or any other regulation in force in respect of such territory.

3. Declarations made to the Director General of the International Labor Office in accordance with the provisions of the preceding paragraphs of this article indicate whether the provisions of the Convention shall apply in the given territory, with or without modification; if the declaration indicates that the provisions of the Convention will be applied mutatis mutandis, it shall specify what those modifications are.

4. The Member or Members of the Organization concerned, or an international authority, may, by means of a new declaration, wholly or partly waive the right to invoke the amendments stipulated in any previous declaration.

5. During periods at which the Convention may be denounced in accordance with the provisions of Article 34, the Member or Members of the Organization concerned, or an international authority, may communicate to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the status quo with respect to the application of this conventions.

Section IV. FINAL PROVISIONS

Article 32

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

Article 33

1. This Convention shall bind only those members of the International Labor Organization whose instruments of ratification have been registered by the Director-General.

2. It shall enter into force twelve months after the Director-General has registered the instruments of ratification of two Members of the Organization.

3. Subsequently, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 34

2. Each Member of the Organization which has ratified this Convention which, within one year after the expiration of the period of ten years referred to in the preceding paragraph, has not exercised its right of denunciation provided for in this Article, shall be bound for another period of ten years and may thereafter be able to denounce this Convention at the expiration of each ten-year period in the manner prescribed in this Article.

Article 35

2. When notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date on which this Convention will come into force.

Article 36

The Director General of the International Labor Office sends Secretary General United Nations for registration under Article 102 of the Charter of the United Nations, full details of all instruments of ratification, declarations and denunciations registered by it in accordance with the provisions of the preceding Articles.

Article 37

Whenever the Governing Body of the International Labor Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and decide whether to include in the agenda of the Conference the question of its complete or partial revision.

Article 38

1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then:

(a) The ratification by any Member of the Organization of a new revising convention shall automatically, notwithstanding the provisions of Article 34, immediately denounce this Convention, provided that the new revising convention has entered into force;

B) as from the date of entry into force of the new, revising Convention, this Convention shall be closed for ratification by its Members of the Organization.

2. This Convention shall in any event remain in force in form and substance with respect to those Members of the Organization which have ratified it but have not ratified the new revising Convention.

Article 39

The English and French texts of this Convention shall be equally authentic.

ILO Convention on Labor Inspection in Industry and Commerce (Russian)

Document's name

CONVENTION No. 81 of the International Labor Organization
"ON LABOR INSPECTION IN INDUSTRY AND TRADE" [rus., eng.]
(Adopted in Geneva on July 11, 1947 at the 30th session of the ILO General Conference)

Publication source

The Convention in Russian is published in the editions:
Bulletin of international treaties. 2002. N 2. S. 22 - 31.
Conventions and recommendations adopted by the International Labor Conference. 1919 - 1956. T. I. - Geneva: International Labor Office, 1991. S. 93 - 804.
Convention on English language published in publications:
Collection of legislation of the Russian Federation. December 10, 2001 N 50. Art. 4650.
Bulletin of international treaties. 2002. N 2. S. 9 - 17.
International Labor Conventions and Recommendations. 1919 - 1951. Volume I. - Geneva: International Labor Office, 1996. P. 477 - 487.

Document Type

Multilateral document (except CIS)

Contracting parties

Australia
Austria
Azerbaijan
Albania
Algeria
Angola
Antigua and Barbuda
Argentina
Armenia
Bahamas
Bangladesh
Barbados
Bahrain
Belize
Belarus
Belgium
Benin (Dahomey)
Bulgaria
Bolivia
Bosnia and Herzegovina
Brazil
Burkina Faso ( Upper Volta)
Burundi
Great Britain
Hungary
Venezuela
Vietnam
Gabon
Haiti
Guyana
Ghana
Guatemala
Guinea
Guinea-Bissau
Germany (FRG)
Honduras
Grenada
Greece
Denmark
Djibouti
Dominica
Dominican Republic
Egypt
Zimbabwe
Israel
India
Indonesia
Jordan
Iraq
Ireland
Spain
Italy
Yemen
Cape Verde (Cape Verde Islands)
Kazakhstan
Cameroon
Qatar
Kenya
Cyprus
Kyrgyzstan
China
Colombia
Comoros
Congo
Democratic Republic of the Congo (Zaire)
Korea Republic
Costa Rica
Ivory Coast (Coast Ivory)
Cuba
Kuwait
Latvia
Lesotho
Liberia
Lebanon
Libya
Lithuania
Luxembourg
Mauritius
Mauritania
Madagascar (Malagasy Republic)
Macedonia
Malawi
Malaysia
Mali
Malta
Morocco
Mozambique
Moldova
Niger
Nigeria
Netherlands
New Zealand
Norway
United Arab Emirates
Pakistan
Panama
Paraguay
Peru
Poland
Portugal
Russia
Rwanda
Romania
Salvador
Sao Tome and Principe
Saudi Arabia
Swaziland
Senegal
Saint Vincent and the Grenadines
Serbia and Montenegro
Singapore
Syria
Slovenia
Solomon islands
Sudan
Suriname
Sierra Leone
Tanzania
Tunisia
Turkey
Uganda
Ukraine
Uruguay
Finland
France
Croatia
Central African Republic
Chad
Switzerland
Sweden
Sri Lanka (Ceylon)
Ecuador
Jamaica
Japan
Document note
The Convention entered into force on 07.04.1950.
Russia has ratified the Convention (Federal Law No. 58-FZ of April 11, 1998). The instrument of ratification was deposited with the Director General of the International Labor Office on 02.07.1998. The Convention entered into force for Russia on 02.07.1999.
For a list of ratifications, see the Status of the Convention.
For the English text of the Convention, see document.
Document text

[official translation into Russian]

THE INTERNATIONAL LABOUR ORGANIZATION

CONVENTION No. 81
ON LABOR INSPECTION IN INDUSTRY AND TRADE

General Conference of the International Labor Organization,
convened at Geneva by the Governing Body of the International Labor Office and met on 19 June 1947 in its thirtieth session,
Having decided to adopt a number of proposals on labor inspection in industry and commerce, which is the fourth item on the agenda of the session,
Having determined that these proposals shall take the form of an international convention,
Adopts this eleventh day of July of the year one thousand nine hundred and forty-seven the following Convention, which may be cited as the Labor Inspection Convention, 1947:

Section I. LABOR INSPECTION IN INDUSTRY

Each Member of the International Labor Organization for which this Convention is in force undertakes to have a system of labor inspection in industrial establishments.

1. The system of labor inspection in industrial undertakings shall cover all undertakings in respect of which labor inspectors are obliged to ensure the application of the provisions of the law relating to working conditions and to the protection of workers in the course of their work.
2. National legislation may exempt mining and transport enterprises or parts of these enterprises from the operation of this Convention.

1. The tasks of the labor inspection system include:
a) Ensuring the application of legal provisions in the field of working conditions and the safety of workers in the course of their work, such as provisions on working hours, wages, work safety, health and welfare, the use of child and adolescent labor and other similar matters, in to the extent to which labor inspectors are required to enforce the said provisions;
b) providing employers and workers technical information and advice on the most effective means of complying with legal provisions;
c) bringing to the attention of the competent authority facts of inaction or abuse that are not covered by existing legal provisions.
2. If other functions are entrusted to labor inspectors, these must not interfere with the exercise of their essential functions and in any way prejudice the authority or impartiality required by inspectors in their dealings with employers and workers.

1. To the extent that this is consistent with the administrative practice of a Member, the labor inspectorate shall be subject to the supervision and control of the central authority.
2. In the case of a federal state, the expression "central organ" may mean either the central organ of the federation or the central organ of one of the constituent parts of the federation.

The competent authority shall take appropriate measures to promote:
a) effective cooperation between inspection services on the one hand and other government services and public and private institutions carrying out similar activities on the other;
b) cooperation between employees of the labor inspectorate and employers and workers or their organizations.

The inspectorate's staff consists of civil servants whose status and working conditions ensure the stability of their position and make them independent of any changes in government or any undue external influence.

1. Subject to the provisions to which national law may make recruitment of employees public institutions, labor inspectors are recruited solely on the basis of the suitability of the candidate for the tasks to be assigned to him.
2. The methods for checking such suitability shall be determined by the competent authority.
3. Labor inspectors receive appropriate training for the performance of their functions.

Both men and women may be appointed to the staff of the inspectorate; where necessary, male and female inspectors may be assigned special tasks, respectively.

Each Member of the Organization shall take the necessary measures to ensure that qualified experts and specialists, including specialists in medicine, mechanics, electricity and chemistry, are involved in the work of the inspection in such forms as will be recognized as most appropriate to national conditions, with a view to ensuring the application of legislative provisions relating to the health and safety of workers during their work, as well as to receive information on the impact of the methods used, the materials and working methods used on the health and safety of workers.

The number of labor inspectors should be sufficient to ensure the effective performance of the functions of the inspection service; it is set according to:
a) the importance of the tasks to be performed by the inspectors, and in particular:
i) the number, nature, size and location of establishments subject to the control of the inspection;
ii) the number and categories of workers employed in these undertakings;
iii) the number and complexity of the legal provisions they need to enforce;
b) materiel placed at the disposal of the inspectors, and
c) the practical conditions under which inspection visits must take place in order to be effective.

1. The competent authority shall take the necessary measures to ensure that labor inspectors have at their disposal:
a) local offices equipped according to the needs of the inspection service and accessible to all interested persons;
b) the means of transport necessary for the performance of their functions in the event that there are no suitable means of public transport.
2. The competent authority shall take the necessary steps to reimburse labor inspectors for all travel expenses and any additional expenses necessary for the exercise of their functions.

1. Labor inspectors, provided with documents certifying their authority, have the right to:
a) unrestricted access, without prior notice and at any time of the day, to any establishment subject to inspection control;
b) to enter during the daytime all buildings which they have reasonable grounds to consider as subject to the control of the inspection;
c) carry out any checks, controls and investigations they may deem necessary to ensure that the legal provisions are being effectively implemented, and in particular:
i) in private or in the presence of witnesses, question the employer or the staff of the undertaking in all areas relating to the application of the statutory provisions;
(ii) to require the examination of any books, registers or documents prescribed by the legislation on working conditions in order to check their compliance with the legislative provisions and to make copies or excerpts from them in separate places;
iii) require the posting of notices as required by law;
(iv) to seize or take with him for analysis samples of the materials and substances used or processed, provided that the employer or his representative is notified that the materials or substances have been seized and carried away for this purpose.
2. In the event of an inspection visit, the inspector shall notify the employer or his representative of his presence, unless he considers that such notification may prejudice the effectiveness of the control.

1. Labor inspectors are authorized to require action to be taken to remedy deficiencies noted in any facility, equipment or working methods which they have reason to believe endanger the health or safety of workers.
2. In order to enable labor inspectors to take such measures, they shall be empowered, subject to the right of appeal to judicial or administrative authorities which may be provided for by national law, to give orders or require that orders be given:
(a) making, within a specified period, such modifications to the facilities as are necessary to ensure the strict application of the statutory provisions for the protection of the health and safety of workers;
b) in the event of an immediate threat to the health and safety of workers, to take immediate action.
3. If the procedure set out in paragraph 2 is incompatible with the administrative and judicial practice Member of the Organization, inspectors will have the right to apply to the competent authority in order to send an order or order the adoption of measures to be immediately executed.

Information about accidents at work and about occupational diseases is transmitted to the labor inspectorate in such cases and in the manner prescribed by national legislation.

Subject to such exceptions as may be provided by national law, labor inspectors:
a) it is prohibited to participate directly or indirectly in the affairs of enterprises under their control;
b) is obligated, under the threat of criminal sanctions or appropriate disciplinary measures, not to disclose, even after leaving office, industrial or commercial secrets or production processes with which they could become familiar in the exercise of their functions;
c) it is required to treat as absolutely confidential the source of any complaint about deficiencies or violations of legal provisions and to refrain from informing the employer or his representative that an inspection visit has been made in connection with the receipt of such a complaint.

Establishments are inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions.

1. Persons who violate or evade compliance with the legal provisions entrusted to the enforcement of labor inspectors shall be immediately prosecuted without prior notice; however, national law may provide for exceptions in cases where prior notice must be given in order to remedy the situation or take preventive measures.
2. Labor inspectors have the right to decide for themselves whether to issue a warning or advice, rather than initiate or recommend prosecution.

Appropriate sanctions are provided for and effectively enforced by national legislation for violations of legal provisions, the application of which is subject to the control of labor inspectors, and for obstruction of labor inspectors in the exercise of their duties.

1. Labor inspectors or local inspection offices shall submit periodic general reports on the results of their activities to the central body of the inspection service.
2. These reports are drawn up in accordance with the instructions of the central authority and cover matters indicated from time to time by that authority; they shall be presented at least as often as the central authority requires, but in any case not less than once a year.

1. The Central Inspection Authority shall publish annual general reports on the activities of the inspection services under its control.
2. These reports are published within a reasonable time, in no case exceeding twelve months after the expiration of the year to which they relate.
3. Copies of the annual reports shall be sent to the Director-General of the International Labor Office within a reasonable time after their publication and in any event not later than three months.

The annual reports published by the central organ of the inspection service cover the following and all other relevant matters in so far as they come under the control of that central organ:
a) laws and regulations relating to the activities of the labor inspectorate;
b) labor inspection personnel;
(c) statistics on establishments subject to inspection control and the number of workers employed in these establishments;
d) statistics on inspection visits;
e) statistics on violations that have occurred and sanctions applied;
f) statistics on industrial accidents;
g) statistics on occupational diseases.

Section II. LABOR INSPECTION IN TRADE

Each Member of the International Labor Organization for which this Part of this Convention is in force undertakes to have a system of labor inspection in commercial establishments.

The system of labor inspection in commercial establishments extends to those establishments in respect of which labor inspectors are obliged to ensure the application of statutory provisions relating to working conditions and to the protection of workers in the course of their work.

The system of labor inspection in commercial establishments shall comply with the requirements of Articles 3 to 21 of this Convention insofar as they are applicable.

Section III. MISCELLANEOUS PROVISIONS

1. Any Member which ratifies this Convention may append to its instrument of ratification a declaration stating that its acceptance of obligations under this Convention does not extend to Title II.
2. Any Member which has made such a declaration may at any time revoke it by a subsequent declaration.
3. Any Member for which a declaration made under paragraph 1 of this Article is in force shall, in its annual reports on the application of this Convention, report on the state of law and practice in relation to the provisions of Section II of this Convention and indicate the extent to which the implementation or it is intended to implement these provisions.

Where it is not certain that this Convention applies to any undertaking, or part or service thereof, the matter shall be decided by the competent authority.

The annual reports submitted pursuant to article 22 of the Constitution of the International Labor Organization shall give details of all provisions of national law giving effect to the provisions of this Convention.

1. Where there are large areas in the territory of a Member where, owing to the dispersion of the population or the level of development of the area, the competent authority considers it impracticable to apply the provisions of this Convention, that authority may exempt such areas from the application of the Convention, either at all or with such exceptions for certain enterprises or professions, which he considers appropriate to make.
2. Each Member of the Organization, in its first annual report on the application of this Convention, submitted in accordance with Article 22 of the Constitution of the International Labor Organization, shall indicate all the areas in respect of which it intends to avail itself of the provisions of this Article, as well as the reasons for which it intends to avail itself of these provisions. No Member of the Organization, after the submission of its first annual report, may invoke the provisions of this article except in respect of the areas specified in that report.
3. Each Member which invokes the provisions of this Article shall indicate in its subsequent annual reports those areas in respect of which it waives the right to invoke the said provisions.

1. With regard to the territories referred to in article 35 of the Constitution of the International Labor Organization as amended by the Act of Amendment of 1946 to the Constitution of the International Labor Organization, other than the territories referred to in paragraphs 4 and 5 of that article, each Member of the Organization which ratifies this Convention , shall send to the Director-General of the International Labor Office, as soon as possible after ratification, a declaration indicating:
(a) the territories in respect of which the Member concerned undertakes to apply the provisions of the Convention without modification;
(b) the territories in respect of which it undertakes to apply the provisions of the Convention, as modified, and the details of those modifications;
(c) the territories in which the Convention would not apply and, in such cases, the reasons why it would not apply to them;
d) the territories in respect of which he reserves his decision.
2. The obligations referred to in subparagraphs "a" and "b" of paragraph 1 of this article shall be considered an integral part of ratification and shall have the same effect as it.
3. Any Member of the Organization may, by new declaration, withdraw all or part of the reservations contained in its previous declaration by virtue of subparagraphs b, c and d of paragraph 1 of this article.
4. Any Member of the Organization may, during the periods during which this Convention may be denounced in accordance with the provisions of Article 34, communicate to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the situation in certain territories.

1. When matters covered by this Convention come within the purview of the authorities of a non-metropolitan territory themselves, the Member responsible for the foreign relations of that territory may, by agreement with the government of that territory, communicate to the Director General of the International Labor Office a declaration accepting the obligations of this Convention on behalf of such territory.
2. A declaration of acceptance of the obligations of this Convention may be addressed to the Director General of the International Labor Office:
a) by two or more Members of the Organization in respect of a territory which is under their joint administration;
b) any international authority responsible for the administration of any territory under the provisions of the Charter of the United Nations or any other regulation in force in respect of such territory.
3. Declarations made to the Director General of the International Labor Office in accordance with the provisions of the preceding paragraphs of this article indicate whether the provisions of the Convention shall apply in the given territory, with or without modification; if the declaration indicates that the provisions of the Convention will be applied mutatis mutandis, it shall specify what those modifications are.
4. The Member or Members of the Organization concerned, or an international authority, may, by means of a new declaration, wholly or partly waive the right to invoke the amendments stipulated in any previous declaration.
5. During periods at which the Convention may be denounced in accordance with the provisions of Article 34, the Member or Members of the Organization concerned, or an international authority, may communicate to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and reporting on the status quo with respect to the application of this conventions.

Section IV. FINAL PROVISIONS

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

1. This Convention shall bind only those members of the International Labor Organization whose instruments of ratification have been registered by the Director-General.
2. It shall enter into force twelve months after the Director-General has registered the instruments of ratification of two Members of the Organization.
3. Subsequently, this Convention shall enter into force in respect of each Member of the Organization twelve months after the date of registration of its instrument of ratification.

1. Any Member which has ratified this Convention may, after a period of ten years from its original entry into force, denounce it by an act of denunciation addressed to and registered with the Director General of the International Labor Office. The denunciation takes effect one year after the registration of the act of denunciation.
2. Each Member of the Organization which has ratified this Convention which, within one year after the expiration of the period of ten years referred to in the preceding paragraph, has not exercised its right of denunciation provided for in this Article, shall be bound for another period of ten years and may thereafter be able to denounce this Convention at the expiration of each ten-year period in the manner prescribed in this Article.

1. The Director General of the International Bureau shall notify all Members of the International Labor Organization of the registration of all instruments of ratification, declarations and denunciations received by him from Members of the Organization.
2. When notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date on which this Convention will come into force.

The Director-General of the International Labor Office shall send to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, the full details of all instruments of ratification, declarations and denunciations registered by him in accordance with the provisions of the preceding Articles.

1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then:
a) the ratification by any Member of the Organization of a new revising convention shall automatically, notwithstanding the provisions of Article 34, immediately denounce this Convention, provided that the new revising convention has entered into force;
b) as from the date of entry into force of the new revising Convention, this Convention shall be closed for ratification by its Members.
2. This Convention shall in any event remain in force in form and substance with respect to those Members of the Organization which have ratified it but have not ratified the new revising Convention.

The English and French texts of this Convention shall be equally authentic.

One of the main sources of regulation of the activities of state labor inspectors is the Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the implementation state control(supervision) and municipal control”. However, today the inspector has more powerful weapons in his arsenal - international documents ratified by our country. By these acts, labor inspectors not only can, but must be guided in the exercise of their powers, even in cases where Russian legislation dictates something else. This means that employers also need to be guided by these norms in order to understand the limits of the rights and obligations of inspectors conducting inspections.

ON No. 3‘2009

The rights, duties and responsibilities of state labor inspectors are enshrined in the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" (hereinafter - Law No. 294-FZ). However, it must be taken into account that international treaties ratified by the Russian Federation (conventions, agreements, charters, pacts, etc.) are also used to regulate their activities.

Note!
Generally recognized principles and norms international law and international treaties of the Russian Federation are included in the sources Russian law and are superior in legal force to laws.

Provisions of a law or other regulatory legal act that are contrary to the norms of an international document should not be applied, and to resolve the issue that these illegitimate provisions regulated, in fact, one should refer to the provisions of the relevant international document.

Many of these documents, such as the International Covenant on Economic, Social and Cultural Rights (UN, 1966), the European Convention for the Protection of Human Rights and Fundamental Freedoms (Council of Europe, 1950), the CIS Convention on Human Rights and Fundamental Freedoms 1995 etc., do not establish any special requirements for inspections and do not grant any special rights to labor inspectors. These are acts that establish common principles and values recognized by the modern world community. Their practical application is most effective when we are talking on ensuring the fundamental compliance of actions or decisions with the requirements of internationally recognized norms on human rights. In exercising their powers, labor inspectors are, of course, obliged to be guided by such acts. However, these acts do not establish procedural issues for the day-to-day activities of labor inspectorates.

Among the international documents ratified by the Russian Federation, there is a group of acts of a purely practical nature - these are the conventions of the International Labor Organization (ILO). It is these acts that labor inspectors should be guided by in the exercise of their powers. This rule is emphasized not only at the constitutional level, but also at the level of acts of Rostrud.

So, in paragraph 1.2. section 1 methodological recommendations on the application by officials of Rostrud and its territorial bodies of the provisions of the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" in the exercise of supervision and control over compliance with labor legislation and other normative legal acts containing the norms of labor law, approved. by order of Rostrud No. 14 of January 24, 2011, ILO Convention No. 81 “On Labor Inspection in Industry and Trade” (1947) is mentioned among the sources legal regulation activities of Rostrud bodies, including:

the rights of authorized officials of the federal labor inspectorate;
requirements for the implementation and procedure for conducting inspections.

The list of ILO conventions, in which the activities of labor inspectorates are regulated in a substantive and detailed manner, covers not only the 1947 Convention No. 81 “On Labor Inspection in Industry and Trade”, but also the 1995 Protocol to it (both acts were ratified by the Russian Federation in 1998 The Convention was ratified by Federal Law No. 58-FZ of April 11, 1998 and entered into force on the territory of the Russian Federation on July 2, 1999. The Protocol to the Convention was ratified by Federal Law No. 58-FZ of April 11, 1998), as well as Convention No. 129 of 1969 " On Labor Inspection in Agriculture” (not yet ratified by the Russian Federation).

Of course, we are interested in the conventions ratified by our country and therefore not only binding, but also having priority over federal laws as international treaties in terms of the hierarchy of sources of legal regulation in the labor sphere. In this article, we will try to answer the question to what extent Russian legislation is consistent with the provisions of these conventions, and if this does not always happen, then in what way the conventions change the legal context of the work of labor inspectorates.

GROUNDS AND FREQUENCY OF INSPECTIONS

First of all, we note that the scope of regulation of ILO Convention No. 81 is much wider than its title suggests. Thanks to the 1995 Protocol mentioned above, the Convention is also extended to “activities in the non-commercial service sector”, under which, in accordance with paragraph 2 of Art. 1 of the Protocol refers to activities in all categories of workplaces that are not considered industrial or commercial for the purposes of Convention No. 81.

Thus, labor inspectors are authorized to check working conditions in enterprises of any line of activity, unless the instruments of ratification make reservations about the total or partial exclusion from their sphere of competence of state administration, civilian and military personnel of the armed forces, police and other public security services. , as well as the penitentiary system (both prison staff and working prisoners). The Russian Federation did not make such reservations during ratification.

The next issue that often arises during the preparation and conduct of inspections concerns the confidentiality of the source of information about violations.

Comparison of the norms of the ILO Convention No. 81 and the Labor Code of the Russian Federation on the confidentiality of the source of information about violations

According to part 2 of Art. 358 of the Labor Code of the Russian Federation, the inspector is obliged to consider the source of any complaint from his sphere of competence absolutely confidential and to refrain from providing the employer with information about the applicant if:

verification is carried out in connection with his appeal;
the complainant objects to the disclosure of information about the source of the complaint to the employer.

ILO Convention No. 81 supports the idea of confidentiality of the source of the complaint and supplements these guidelines by requiring the inspector to refrain from reporting that the inspection visit is in any way connected with the receipt of the specified complaint, not only to the employer, but also to his representative, and regardless of the presence or absence of objections from the complainant.

Note that both the Labor Code of the Russian Federation and ILO Convention No. 81 give the applicant “absolutely confidential status”. The legal meaning of this confidential status is not defined in these acts, but we can refer to similar norms of federal legislation on information to clarify it. Using the norms of the relevant federal laws, it is possible to link the concept of “confidentiality of a source” with the obligation to keep it secret, not to name it, not to disseminate information about it, etc.

See, for example, paragraph 2 of Art. 41 of the Law of the Russian Federation of December 27, 1991 No. 2124-1 "On the Mass Media", Art. 7 of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data".

Note! ILO Convention No. 81 prohibits the inspector from naming the applicant even in cases where the applicant himself does not object to this

We believe that this status determines the inadmissibility of disclosure by the inspector of information about the source of the complaint, even if the complainant himself does not object to such disclosure (not to mention cases when it is difficult or impossible to ascertain the opinion of the complainant), since by doing so the inspector would violate the principle "absolute source confidentiality".

When preparing and conducting inspections, the labor inspectorate and the inspectors themselves can also use the very interesting provision of the ILO Convention No. 81 on the frequency of inspections.

Comparison of the norms of the ILO Convention No. 81 and Law No. 294-FZ on the frequency of inspections

Note! According to Art. 16 of ILO Convention No. 81, inspections may be carried out as often and as carefully as necessary to ensure the effective application of the relevant legal provisions.

Law No. 294-FZ limits the start time, frequency and range of subjects for both scheduled and unscheduled inspections. However, ILO Convention No. 81, in fact, blocks the application of this federal norm to inspections conducted by labor inspectors, establishing a different criterion for the admissibility of inspections.

Within the meaning of the provision of ILO Convention No. 81, inspectors should only be concerned with proving that the planned inspection is necessary for the specified purpose - ensuring the effective application of the relevant legislative provisions - and it is possible to inspect any employer at any time and with any frequency, even if the norms of Law No. 294-FZ it's forbidden!

In this regard, the sub. 6 paragraph 11 of Art. 10 of Law No. 294-FZ, which predetermines the refusal of the prosecutor's office to approve the conduct unscheduled inspection in case of coincidence of the subject of the check and the checked subjects at several checking bodies. The provisions of Art. 16 of ILO Convention No. 81 in this case allow ignoring this requirement, provided that the inspectors have evidence of the need and expediency of such an inspection, regardless of the fact that a similar inspection is carried out by some other supervisory and control body.

POWERS OF THE INSPECTOR

According to Art. 12 of ILO Convention No. 81, a labor inspector, provided that he has documents certifying his authority, is vested with rights both in relation to the actual inspection, and in terms of forcing employers to comply with the law. The first group includes a set of rights to unhindered passage and a set of rights to conduct inspections, control and investigations. The second group, respectively, includes the right granted to the inspector to demand the adoption of measures to eliminate deficiencies, as well as the right to apply to the competent authorities to take such measures. Let us consider these rights in more detail in the context of Russian legislation.

Complex of rights for free passage

NA No. 11‘2012 The inspector has the right to freely and at any time of the day enter any enterprise in the field of labor inspection control without prior notice. If the inspection is carried out during the daytime, then the inspector has the right to enter all buildings, and not only those that objectively fall within the scope of control of the labor inspectorate, but also those that this inspector has reason to consider falling under its control. Of course, it is better for the inspector to consider in advance whether he has such grounds so that in the event of a controversial situation, he does not look for them “on the go”. This approach is reproduced almost verbatim in Part 1 of Art. 357 of the Labor Code of the Russian Federation and sub. "a" p. 13 of the Regulations on federal state supervision of compliance with labor laws and other regulatory legal acts containing labor law norms, approved. Decree of the Government of the Russian Federation No. 875 dated September 1, 2012 (hereinafter referred to as Decree of the Government of the Russian Federation No. 875).

However, there is a little intrigue in this issue regarding the rules for warning about the inspection.

Comparison of the norms of ILO Convention No. 81 and Law No. 294-FZ on warning an employer about an inspection

In accordance with the requirements of Law No. 294-FZ, it is possible not to notify the employer of an inspection only if it is carried out on the basis of a complaint in accordance with paragraph 2 of part 2 of Art. 10 of this Law, caused by a threat to the life and health of citizens, causing harm to the life and health of citizens, the threat or occurrence emergency man-made nature, etc. In all other cases, conducting an inspection without warning makes the results of the inspection invalid and subject to cancellation by a higher authority or court at the request of the employer (Article 20 of Law No. 294-FZ). However, ILO Convention No. 81 does not contain requirements for mandatory warning of the employer about the inspection. So can and should the inspector notify the employer in advance of the inspection?

Rostrud tried to answer this question in its order No. 14 dated January 24, 2011. So, in clause 5.6. of this order, it is stated that it is necessary to notify about a scheduled inspection, but about an unscheduled one - only on the condition that this inspection is not carried out on the basis of a complaint and that the inspector, in accordance with ILO Convention No. 81, does not consider that such notification may harm the effectiveness of control .

In fact, ILO Convention No. 81 says nothing about the duties of the labor inspectorate in terms of notifying the employer about the upcoming inspection. From the text of the Convention, its position regarding such notifications is not at all clear. It is clear only that the Convention allows the inspectors themselves to refrain from notifying the employer or his representative about the inspection, if they consider that such notification is capable of prejudicing the effectiveness of the control.

Based on the principles of activity and the main tasks of the labor inspectorate in the form in which they are formulated in Art. 2 and Art. 3 of ILO Convention No. 81, as well as Art. 354 and Art. 355 of the Labor Code of the Russian Federation, it is possible to imagine a situation where the inspection itself “puts a spoke in its wheels”, reducing the effectiveness of control by notifying employers, only if there are systemic problems in the inspection itself. However, the inspection has no right to evade notification of employers, provided for by Law No. 294-FZ, referring to paragraph 2 of Art. 12 of ILO Convention No. 81, since this paragraph exempts from this obligation not the inspectorate itself, but the inspectors. And under the current Russian legislation, labor inspectors are not required to notify the employer of anything like that anyway. Moreover, in relation to unscheduled field inspections, Part 9 of Art. 360 of the Labor Code of the Russian Federation generally prohibits inspectors from notifying the employer of such an inspection if it is carried out at the request or application of the employee about the violation by the employer of his labor rights or at the request of the employee to inspect the conditions and labor protection at his workplace in accordance with Art. 219 of the Labor Code of the Russian Federation.

N.L. Lyutov, cand. legal Sciences, Associate Professor, Moscow State Law Academy named after. O.E. Kutafina, member of the board of the Association "Lawyers for Labor Rights"

Non-compliance of Russian legislation with ILO Convention No. 81

In 2008, based on the good wishes of protecting business from the arbitrariness of officials when checking the activities of entrepreneurs, Law No. 294-FZ was adopted.

In paragraph 12 of Art. 8 of this Law establishes that the scheduled inspection of the activities of legal entities and entrepreneurs, which can be carried out no more than once every three years, must be warned at least three days before it begins. Unscheduled field inspection of the activities of entrepreneurs in accordance with paragraph 5 of Art. 10 of Law No. 294-FZ can be carried out by the authorized state body only after agreement with the prosecutor's office at the place of activity of the inspected. This is the only type of inspection in which the State Labor Inspectorate has the opportunity to verify that employers actually comply with the requirements of labor legislation. Obviously, any check with advance warning or limited to the study of the documents submitted by the employer itself leaves almost no chance to reveal the facts of real violations of labor laws, even if they are very serious, if the organization has a qualified lawyer.

This procedure for restricting on-site inspections is in direct conflict with ILO Convention No. 81. As indicated in Art. 12 of Convention No. 81, “labor inspectors, provided with documents certifying their authority, have the right: a) unhindered passage without prior notice (emphasis mine. - N.L.) and at any time of the day to any establishment covered by the control of the inspection; b) to enter during the daytime all buildings which they have reasonable grounds to consider as subject to the control of the inspection; c) carry out any checks, controls and investigations which they may deem necessary (emphasis mine. - N.L.) to ensure that legal provisions are effectively enforced.”

At the same time, this law does not perform well the function of protecting small and medium-sized businesses, since there are a lot of formal documents, the maintenance of which is provided for by labor legislation, initially focused on the standards of large business (a lot of local acts, orders, etc.). Small businesses, unable to spend significant money on legal advisers and HR professionals, are defenseless precisely in relation to documentary checks, which are practically unlimited. As a result, the provisions of the law, instead of protecting small businesses, protect the most unscrupulous employers who deliberately mislead government bodies and having the financial ability to prepare legally competent, but fictitious documents.

ILO Convention No. 81 in no way changes the current Russian legislation in terms of the rules on warning the employer about the inspection. The inspectorate, as it was obliged to notify employers in all cases, except for cases of verification on the basis of a complaint (clause 2, part 2, article 10 of Law No. 294-FZ), continues to be obliged to notify them, and inspectors were both free from this obligation, and and remain so. And despite the fact that here one can see a discrepancy between this interpretation and the spirit of ILO Convention No. 81, the provisions of which in this case were aimed at ensuring the accuracy and effectiveness of the inspection, the Russian legal system trusts the letter of the law more and therefore defends the legitimacy of the inspection without prior notification by the inspectorate of the inspected employers in a Russian court is likely to be very difficult.

A set of inspection rights

In accordance with Art. 12 of ILO Convention No. 81, the inspector is entitled to carry out any checks, controls and investigations that he may deem necessary in order to ascertain that the legal provisions are being effectively observed. There is no need to be surprised at such a wording, since such streamlined provisions are encountered quite often in international acts.

The main idea of this rule is that for the lawful implementation of these actions it does not matter at all whether such verification is actually necessary. It also doesn't matter if the inspector has any objective grounds for believing that these actions provide real assurance that the law is being effectively enforced. It is also not important whether in this case compliance with the law is checked at the audited enterprise or at some other, for some reason connected with it. According to ILO Convention No. 81, for the legitimacy of any inspection, it is sufficient that the inspector could consider such a check necessary to certify the effectiveness of compliance with legal provisions in any enterprise (not necessarily at the audited one).

Comparison of the norms of the ILO Convention No. 81 and the Labor Code of the Russian Federation on the right of the inspector to freely visit employers in order to conduct their inspection

ILO Convention No. 81 offers a fairly detailed list of activities covered by the right to inspection. However, most of them - the right to ask questions to the employer or the personnel of the enterprise, to demand familiarization with any documents for verification purposes, to copy them, to withdraw or take samples for analysis - is also provided for in the Labor Code of the Russian Federation, in Decree of the Government of the Russian Federation No. 5 st. 12 of Law No. 294-FZ.

At the same time, ILO Convention No. 81 harmoniously complements the provisions of Art. 357 of the Labor Code of the Russian Federation.

Thus, ILO Convention No. 81 empowers inspectors to ask questions, while Russian legislation establishes much more useful thing: the right to receive from employers and their representatives documents, explanations and information necessary for the performance of supervisory and control functions.

In addition, ILO Convention No. 81 gives inspectors the right to require access to any books, registers or documents prescribed by legislation on working conditions, in order to verify their compliance with legislative provisions and to make copies or extracts of individual places from them. The Labor Code of the Russian Federation and Decree of the Government of the Russian Federation No. 875 give them the right to request and, more importantly, receive free of charge from employers documents, explanations and information necessary to perform supervisory and control functions.

Finally, ILO Convention No. 81 gives inspectors the right to seize or take with them for analysis samples of materials and substances used or processed, provided that the employer or his representative is notified that the materials or substances were seized and carried away for this purpose. This right significantly expands the powers of labor inspectors established by the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation No. 875, which allow only officially seize (but not “take with you”) these items. According to ILO Convention No. 81, inspectors may simply take such items with them, subject to the only condition: notification to the employer or his representative that such materials or substances have been seized for the purpose of analysis necessary to ensure effective compliance with the law. In this case, ILO Convention No. 81 regulates in more detail the nature of such notification.

In conclusion, ILO Convention No. 81 supplements the list of rights of the labor inspector with the right to demand the posting of notices, as provided for by legislative provisions. The content of such announcements is not regulated, which obviously expands the rights of the inspector. It can be assumed that the announcements will contain information that will enable workers to better understand their rights and offer them effective and legitimate forms of protection.

RESULTS OF THE CHECK

Based on the results of the inspection, inspectors have the right both to take certain steps to eliminate the violation, and to involve other state authorities authorized to facilitate the implementation of labor legislation. As mentioned above, ILO Convention No. 81 provides inspectors with two rights for these purposes:

the right to demand the adoption of measures to eliminate the identified shortcomings;
the right to apply to the competent authorities to take measures to eliminate such shortcomings. Let's take a closer look at these rights.

The right to demand the adoption of measures to eliminate the identified deficiencies

ILO Convention No. 81 empowers labor inspectors to give orders or require that orders be given to take certain actions that are aimed at eliminating identified deficiencies, if any, in their opinion endanger the health or safety of workers. It can be seen from the text of the Convention that a real threat or any kind of expertise or evidence of its existence is not required in this case: the decision of the inspector to issue such an order or the statement of the corresponding demand will be legitimate if it is based on his own subjective opinion.

This area of activity of labor inspectors is regulated in much more detail in Art. 357 of the Labor Code of the Russian Federation, therefore, the usefulness of the Convention in this case is limited mainly to an indication of the admissibility of the inspectors making a subjectively justified decision to issue the indicated orders and requirements, without the need to confirm the expediency of such a decision by any objective arguments and facts.

Comparison of the norms of the ILO Convention No. 81 and the Labor Code of the Russian Federation on the right of the inspector to demand the adoption of measures to eliminate the identified shortcomings

The right to apply to the competent authorities to take measures to eliminate the identified deficiencies

ILO Convention No. 81 determines that even if it is impossible to issue orders and requirements to eliminate identified shortcomings due to the incompatibility of this procedure with the administrative and judicial practice of the state, inspectors are given the right to apply to the competent authorities for the issuance of appropriate orders or orders to take measures subject to immediate execution. This provision practically does not apply to our country, where the right of inspectors to issue binding orders and prohibitions is established directly in Art. 357 of the Labor Code of the Russian Federation. However, it does provide a clear indication of the importance the ILO attaches to such orders: even in countries where labor inspectors themselves are not empowered to issue such orders, they must be made available through other competent government authorities. This provision of ILO Convention No. 81 clearly shows that no violator of labor legislation in any country should evade responsibility and from the obligation to correct the violations committed, taking advantage of the peculiarities or gaps of national legislation.

Comparison of the norms of the ILO Convention No. 81 and the Labor Code of the Russian Federation on the right of the inspector to apply to the competent authorities to take measures to eliminate the identified shortcomings

In conclusion, we note that today, according to experts, the Russian Federation is seriously violating another provision of ILO Convention No. 81 - Art. 10 on the number of labor inspectors.

Thus, in our country, the number of labor inspectors does not in the least correspond to modern requirements for conducting inspections. Meanwhile, Art. 10 of the ILO Convention No. 81 clearly and unequivocally requires the state that ratified it to provide such a number of inspectors that will allow it to effectively carry out the functions of the inspection service (labor inspectorate). The number of inspectors under the Convention should be determined taking into account, inter alia:

the number, nature, size and location of establishments subject to inspection control;
the number and categories of workers employed at these enterprises;
the number and complexity of the legal provisions they are required to enforce;
material resources placed at the disposal of inspectors;
the practical conditions under which inspection visits must take place in order to be effective.

We have to state with regret that today, according to these indicators, our country has not even come close to complying with the requirements of the ILO Convention No. workers and the practical conditions in which the labor inspector is actually forced to act today.

In general, with the exception of some aspects, it can be said that the ILO Convention No. 81 rather does not contradict or significantly changes the current Russian legislation on supervision and control in the sphere of labor, but supplements and develops it in some of the most important directions. The Russian legislator demonstrates awareness of the international obligations of our state in the social and labor sphere.

General Conference of the International Labor Organization,

convened at Geneva by the Governing Body of the International Labor Office and met on 6 June 1995 at its 82nd session,

Whereas the provisions apply only to industrial and commercial establishments,

Whereas the provisions of the Labor Inspection in Agriculture Convention, 1969, apply to commercial and non-commercial agricultural undertakings,

Whereas the provisions of the Occupational Safety and Health Convention, 1981, apply to all branches of economic activity, including the public service,

Bearing in mind all the risks to which workers in the non-commercial services sector may be exposed and the need to ensure that this sector is subject to the same or equally effective and impartial system of labor inspection as that provided for in the Labor Inspection Convention, 1947,

Deciding to adopt a number of proposals relating to activities in the non-commercial services sector, which is the sixth item on the agenda of the session,

Having decided that these proposals shall take the form of a Protocol to the Labor Inspection Convention, 1947,

Adopts this twenty-second day of June of the year one thousand nine hundred and ninety-five the following Protocol, which may be cited as the Protocol, 1995 to the Labor Inspection Convention, 1947:

Section I. Scope, definition and application

1. Each Member that ratifies this Protocol undertakes to extend the application of the provisions of the Labor Inspection Convention, 1947 (hereinafter referred to as "the Convention") to activities in the non-commercial services sector.

2. The term "activities in the non-commercial services sector" means activities carried on in enterprises and organizations of all categories which are not considered industrial or commercial for the purposes of the Convention.

3. This Protocol applies to all those undertakings and organizations not yet covered by the scope of the Convention.

Article 2

1. A Member ratifying this Protocol may, by means of a declaration attached to the instrument of ratification, exclude in whole or in part from its scope:

a) the most important national (federal) bodies of state administration;

b) armed forces, including both military and civilian personnel;

c) the police and other public security organs;

d) correctional institutions, including both prison staff and prisoners employed in the performance of work;

if the application of the Convention to any of these categories would give rise to special problems of a substantial nature.

2. A Member State, before making use of the opportunity provided in paragraph 1, shall consult with the most representative organizations of employers and workers or, in the absence of such organizations, with the representatives of the employers and workers concerned.

3. A Member that has made a declaration in accordance with paragraph 1 shall, in its first report on the application of the Convention following ratification of this Protocol, submitted in accordance with Article 22 of the Constitution of the International Labor Organization, indicate the reasons for exclusion and, to the extent possible, provide for alternative inspections. actions in relation to all the objects thus excluded. In subsequent reports, it must indicate any measures that may have been taken to bring them under the provisions of the Protocol.

4. A Member State which has made a declaration in accordance with paragraph 1 may at any time modify its content or revoke it by means of a subsequent declaration in accordance with the provisions of this Article.

Article 3

1. The provisions of this Protocol shall be applied by national legislation or by other means in accordance with national practice.

2. Measures to be taken for the application of this Protocol shall be drawn up in consultation with the most representative organizations of employers and workers or, in the absence of such organizations, with representatives of the employers and workers concerned.

Section II. special order

1. A Member State may establish special procedures for the inspection of workplaces in the most important national (federal) public administration, in the armed forces, in the police and other public security agencies, as well as in correctional institutions, in order to regulate the powers of labor inspectors, as provided for in Article 12 of the Convention, in respect of:

a) access only for inspectors who have obtained the appropriate clearance in advance;

b) conducting the inspection at the appointed time;

c) the power to demand the production of confidential documents;

d) removal of confidential documents from premises;

f) taking and analyzing samples of materials and substances.

2. A Member State may also lay down specific procedures for the inspection of workplaces in the armed forces and the police and other public security agencies for the purpose of imposing one or more of the following restrictions on the powers of labor inspectors:

a) restriction on inspection during maneuvers or exercises;

b) restriction or prohibition of inspection of units located on the front line or during the period of active operations;

c) restriction or prohibition of inspection during declared periods of tension;

d) restriction on the conduct of inspection in relation to the transport of explosives and weapons for military purposes.

3. A Member State may also establish special procedures for the inspection of workplaces in correctional institutions in order to establish restrictions on inspection during declared periods of tension.

4. Before a Member State makes use of the special procedure provided for in paragraphs 1, 2 and 3, it shall consult with the most representative organizations of employers and workers or, in the absence of such organizations, with the representatives of the employers and workers concerned.

Article 5

A Member State may establish special procedures for the inspection of workplaces in fire and other rescue services in order to establish restrictions on inspection during firefighting or during rescue or other emergency operations. In such cases, the labor inspectorate conducts a review of the progress of such operations periodically and after each major incident.

Article 6

Labor inspectorates should be able to advise on the development of effective measures to minimize the risks arising from training for potentially hazardous work and participate in monitoring the implementation of such measures.

Section III. Final provisions

1. A Member State may ratify this Protocol at the same time as it ratifies the Convention, or at any time after it has been ratified, by sending an official instrument of ratification of this Protocol to the Director General of the International Labor Office for registration.

2. The Protocol shall enter into force 12 months after the date of registration by the Director General of the instruments of ratification of two Members of the Organization. Subsequently, this Protocol shall enter into force for each Member State of the Organization 12 months after the date of registration by the Director General of its instrument of ratification, and the Convention shall thereafter become binding on the Member State concerned with Articles 1 to 6 of this Protocol.

Article 8

1. Each Member which has ratified this Protocol may, after ten years from the date of its original entry into force, denounce it by a declaration of denunciation addressed to the Director General of the International Labor Office for registration. The denunciation will take effect one year after the date of its registration.

2. For each Member of the Organization which has ratified this Protocol and, within one year of the expiration of the ten years referred to in the preceding paragraph, has not exercised the right of denunciation provided for in this Article, the Protocol shall remain in force for another ten years and may subsequently denounce it at expiration of each decade in the manner provided for in this article.

Article 9

1. The Director General of the International Labor Office shall notify all Members of the International Labor Organization of the registration of all instruments of ratification and denunciation addressed to him by Members of the Organization.

2. When notifying the Members of the Organization of the registration of the second instrument of ratification which he has received, the Director-General shall draw their attention to the date of entry into force of this Protocol.

3. The Director-General of the International Labor Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, the full details of all instruments of ratification and denunciation of this Protocol.

The English and French texts of this Protocol are equally authentic.

The Convention and the Protocol entered into force for the Russian Federation on July 2, 1999.