The conclusion of the Representative under human rights in the Russian Federation on the governmental order of the Russian Federation from December, 31st, 2004 N 902 “ About increase of tariff rates (salaries) of workers of federal official bodies “ breaking the rights of some categories of workers
to the Chairman of the Government of the Russian Federation
Dear Michael Efimovich!
According to article 12 of the Federal law from May, 31st, 1996 N 61 - FZ “ About defence “ staff of Armed forces of the Russian Federation concern not only military men, but also persons of the civil personnel.
the Civil personnel in military units carries out important functions on maintenance of daily activity of Armed forces, other armies and military formations, maintenance of their battle readiness and fighting capacity. These workers fulfil the specific labour duties in the difficult conditions quite often connected with risk for life and health. Besides, according to article 42 of the Federal law from March, 28th, 1998 N 53 - FZ “ About a conscription and military service “ with the civil personnel can be replaced a number of military posts.
Taking into account features of the problems assigned on “ power “ the departments, some constitutional laws of citizens working in them with a view of maintenance of defence of the country and safety of the state are limited. So, according to article 142 of the Labour code of the Russian Federation they cannot independently protect the right to timely reception of a salary by means of a work suspension. They are deprived by article 413 of the same Code the right to strike which article 37 of the Constitution of the Russian Federation admits behind other categories of workers.
In connection with such circumstances the legislation provides additional measures of the state protection of these workers, including the right to the fair (raised) salary. According to article 349 of the Labour code of the Russian Federation for them special repayment terms of work, and also side benefits and advantages are established. Till January, 1st, 2005 raised in comparison with other categories of workers of federal official bodies salary level was provided with the governmental order of the Russian Federation from January, 3rd, 1993 N 2 “ About expansion of the rights of separate central bodies of federal executive power in the field of payment of the civil personnel “.
on December, 31st, 2004 the Government of the Russian Federation has published decision N 902 “ About increase of tariff rates (salaries) of workers of federal official bodies “ which since January, 1st, 2005 in 1,2 times the sizes of tariff rates (salaries) for workers of federal official bodies are raised.
However according to point 3 of the given decision its action does not extend on the workers occupied in military units and establishments, subordinated to federal enforcement authorities where the service military and equal to it (except for Federal customs service and Federal migratory service is provided).
Selectively having excluded increase of tariff rates (salaries) of the civil personnel, the Government has actually balanced them on level of a salary with other categories of workers of federal official bodies, than has deprived of additional lawful compensation for special working conditions and has struck at their rights. In this part the decision was included into the contradiction with certificates of the international and Russian right. One of basic principles of regulation of labour relations - the right of the worker to a fair salary, - fixed by article 7 of the International pact about the economic, social and cultural rights (New York, on December, 19th, 1966) is broken And articles 2, 349 Labour codes of the Russian Federation.
the Decrease in a standard of living caused by a constant rise in prices, leads to increase of discontent of persons of the civil personnel by the position and causes their numerous complaints in various instances, including in my address. The governmental order of the Russian Federation from December, 31st, 2004 N 902, in my opinion, breaks their constitutional law on compensation for work without any discrimination. This decision not only infringes their material interests, but professional honour and advantage owing to a low estimation of the importance carried out by them in interests of the state of work are to no small degree humiliated.
the Given circumstance negatively affects and acquisition of military units and the organisations “ power “ departments, leads to dismissal from them qualified employees.
Realizing given to me article 27 of the Federal constitutional law “ About the Representative under human rights in the Russian Federation “ the right, I recommend to you, dear Michael Efimovich to consider the problem on reduction of the governmental order of the Russian Federation from December, 31st, 2004 N 902 “ About increase of tariff rates (salaries) of workers of federal official bodies “ in conformity with article 349 of the Labour code of the Russian Federation and also to take other necessary measures to restoration of the rights of the civil personnel of the Ministry of Defence of the Russian Federation and other federal enforcement authorities in which the legislation provides military service.
By consideration of the mentioned question I believe necessary to consider opinion of the Ministry of Defence of the Russian Federation, other interested federal enforcement authorities and corresponding branch trade unions.