01.09.13
Statement on the Federal law about the preparation and holding the FIFA World Cup 2018

The Statement of the Executive Committee of the Confederation of Labour of Russia
on the adoption and execution of the Federal law: “About the preparation and holding the FIFA World Cup  2018 and FIFA Confederation Cup 2017 and amendments to some legislative acts of the Russian Federation”  


On 07 of  June 2013 the Federal law “On preparation and holding FIFA World Cup 2018 and FIFA Confederation Cup 2017 in Russian Federation and amendments to some legislative acts of the Russian Federation” was officially published and came into effort having been adopted earlier by the State Duma of RF.
 
The law poses a number of measures related to preparation and holding of these sporting events that cannot but cause a certain concern and critics on behalf of TU organisations in Russia.
 
First, these are a significant number of withdrawals (exceptions) in the Russian legislation, regulating entering and leaving the country, migration registration of foreign citizens and persons without citizenship related to preparation and holding the competition.
 
Second, substantial withdrawals in the Labour Code,  which can extend to the massive amount of workers.
 
Third, these are serious limitations for the right of citizens to “gather peacefully, without weapons, hold meetings and demonstrations, rallies and pickets” which is guaranteed by the Constitution of the Russian Federation.
The law stipulates an easier procedure for entering RF, migration registration  of foreign citizens and persons without citizenship involved into preparation and holding of the FIFA World Cup 2018 and FIFA Confederation CUP 2017.
 
The law envisages certain special aspects for labour activities on the territory of the Russian Federation, which relate to preparation and holding of the competitions, sets regulations for the labour activity of the foreign citizens on the RF territory other than in Federal law of 25 July 2002 # 115-FZ “On the legal status of the foreigners in Russian Federation”.
 
This being so, for the period 11 June 2013 through 30 December 2018 foreigners and persons without citizenship, who have labour or civil contracts for performance of activities (services) with FIFA, FIFA confederations, FIFA national associations, Russian Football union, Russia-2018 organising committee, FIFA subsidiaries, FIFA commercial partners, FIFA contractors, FIFA broadcasters and FIFA service providers have the right to conduct labour activities on the territory of RF without work permits.   
 
During this period there is no need to get a permit to involve and employ foreign workers on the RF territory for FIFA, confederations, national associations, Russian football union, Russia-2018 organising committee, FIFA subsidiaries, FIFA contractors if there is a labour or civil contract for performance of activities (service rendering) related to preparation and holding the events signed by these entities with foreigners and persons without citizenship.
 
Employment and dismissal of such individuals does not require notification of the Federal Migration Service and the relevant state labour and employment authorities.  
 
All these massive withdrawals are seen as renunciation by state to control the process of moving, employment and labour practices of the entities stated above and stir concerns about the potential uprise in criminal acts related to human trafficking and forced labour including child labour.
 
Moreover, for workers involved in preparation and holding the events, it is allowed to set non-standard working hours, working at night hours, weekends and holidays, overtime and relates compensation as well as vacations are withdrawn from regulation by the labour legislation of RF. As indicated in the law, this category of workers is not covered by provisions of articles 113, 152, 153, 154 of the Russian Labour Code. But the law does not provide specifications to define labour activity related to holding the events, and the group of enterprises and organizations which are under “FIFA contractors”Т umbrella is extremely broad.
 
This law was adopted with severe violations of the procedure to adopt legislative (regulatory and legal) acts in social and labour relations sphere, set by Labour Code of RF, Federal law “On Russian tri-partite commission” and General Agreement of the All-Russian organisations of trade unions, all-russian organisations of employers and the RF government for 2011 – 2013, where it is stipulated that all the projects of legislative, regulatory and legal and other acts of federal executive authorities in the labour sphere, as well as documents and materials, required for discussions are  directed by the RF Government, federal state authorities to the Commission prior to their submission to the State Duma of the Federal Assembly of RF or prior to adoption of the decision by the RF  Government.  
 
Thus, in RF there is legally established opportunity for the uncontrolled import and employment of   cheap labour, undermining national labour market, leading to plunging of wages, dismantling of legal guarantees in labour relations and increase in unempoyment level in the country.
 
The employers and  their biggest representative – the state – instead of measures to protect  national labour market and ensure new jobs for their citizens, which certainly appear while preparing for such high scale sports facilities and infrastructure construction and reconstruction projects, as well as increase of employment quality  and living levels in view of new invetsments, chose the greed for gain and exacerbating exploitation of workers.
 
Such actions, as was shown during FIFA Confederation Cup 2013 min Brazil also preparing for FIFA World Cup 2014, infringe the rights and interests of employees, exacerbate the existing social problems in the society and lead to new ones, unleashing the discontent of the working people.
 
In view of the above said, The Executive Committee of the Confederation of Labour of Russia announces a resolute protest to the actions of the Government of the Russian Federation, and reserves the right to take all the measures required to revoke the law.

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