Московский журнал международного права (Sep 2023)
International Labour Standards on the Minimum Wage and the Legislation of the Russian Federation: a Comparative Legal Analysis
Abstract
INTRODUCTION. The right to fair remuneration is one of the fundamental human rights. Legal norms on the establishment of a sufficient minimum wage are enshrined in the provisions of important international acts of the universal and regional levels. Currently, the Russian Federation bears international legal obligations under the International Covenant on Economic, Social and Cultural Rights, which secured the right of all workers to remuneration that would ensure a satisfactory existence for them and their family members (Article 7). This article examines the compliance of the minimum wage established in the Russian Federation with international labour standards.MATERIALS AND METHODS. In preparing this article, documents and information materials were analyzed that contain the criteria used by international organizations (United Nations, International Labour Organization, Council of Europe, European Union, Organization for Economic Co-operation and Development) to assess the adequacy of the minimum wage. Special attention is paid to the group of criteria formed by the Committee of Experts on the Application of Conventions and Recommendations, related to the needs of workers and their families, through which the amount of minimum wages in the member states of the International Labour Organization is determined. Statistical data on minimum wages in the European Union and the Eurasian Economic Union are given. The acts of the national law of the Russian Federation on the establishment of the minimum wage are investigated. It also analyzes the statistical data of Rosstat on the average and median wages in our country. When writing this article, both general scientific (methods of formal logic) and special legal (formal legal, comparative legal) and other (statistical) methods of scientific knowledge were used.RESEARCH RESULTS. An analysis of the materials used in the preparation of this article showed that international organizations and their supervisory bodies do not indicate the need for the state to comply with a certain procedure for calculating the minimum wage, but only focus on its sufficient amount, which is an acceptable percentage of the average and (or) median earnings. It is noted that over the past few years, the procedure for calculating the minimum wage in Russia has undergone several reforms (a brief description of these changes is given). The results of the study allow us to talk about the need to further increase the minimum wage in our country.DISCUSSION AND CONCLUSIONS. In conclusion, it is noted that actions are being taken in the Russian Federation to increase the wages of workers, however, the Russian minimum wage is currently insufficient (does not comply with international labour standards). It is noted that the practical realization of the conclusions of the Committee on Economic, Social and Cultural Rights regarding Art. 7 of the International Covenant on Economic, Social and Cultural Rights, would have a positive impact on ensuring the effective exercise of the right of workers to a fair remuneration for work, which could guarantee them and their families a decent standard of living. In addition, attention is drawn to the desirability of following the recommendations of the International Labour Organization to assess the adequacy of the minimum wage established in our country, as well as the possibility of ratifying the Minimum Wage Fixing Convention (No. 131) by the Russian Federation. It emphasizes the expediency of fixing the gradual following to the establishment of the ratio of the minimum wage to the average wage in the amount of at least 50 % or returning to the use of the median wage as a criterion, setting the ratio of the minimum wage to the median wage in the amount of at least 60 % as a clear guideline state policy aimed at ensuring compliance with international obligations in the implementation of the constitutional guarantee provided for in Paragraph 5 of Art. 75 of the Constitution of the Russian Federation.
Keywords
