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In 2007, the Committee noted that the Government’s report under examination at the time failed to respond to a number of specific points previously raised by the Committee. The Committee therefore reiterated a number of requests for information. The Committee notes the latest report by the Government, and noted with regret that, once again, no reply was provided to a large number of questions raised by the Committee. The Committee hopes that the Government will make every effort to reply to all outstanding issues, as set out below.
Article 1 of the Convention. The Committee requests the Government once again to provide information on how the Convention is applied to “other members of their immediate family who clearly need their care or support” as envisaged under Article 1.
Article 3. Right to engage in employment without discrimination. In its previous comments, the Committee noted that a draft law on “state guarantees of equal rights and freedoms and equal opportunities of men and women in the Russian Federation”, which was under consideration by the State Duma, provides that measures to protect maternity and paternity are not considered to be discrimination. In this context, the Committee stressed that addressing the needs of workers with family responsibilities, both women and men, is a key aspect of achieving effective equality of opportunity and treatment for men and women workers and encourages the Government to ensure that the principles of the Convention, in particular those set out in Article 3, are fully reflected in the legislation. The Committee once again requests the Government to indicate the steps taken to this end.
Article 4. Terms and conditions of employment and social security. The Committee recalls that, as of 1 January 2007, fathers taking childcare leave have received social benefits on the same footing as women. The Committee reiterates its request to the Government to provide information on the number of men and women who have made use of the entitlement to take childcare leave, and the specific measures taken to encourage men to do so. The Committee also requests the Government once again to clarify whether non-citizens are entitled to benefits during childcare leave periods. Further, the Committee requests the Government to provide the Rules on the establishment and the payment of state benefits for citizens with children approved by Government Decision No. 865 of 30 December 2006, which was not attached to the report.
The Committee recalls its previous comments concerning the requirement of obtaining written consent of women with children under 3 years of age when sending them on business trips or in the case of overtime work, night work, days off and work on holidays (sections 96, 99, 113 and 259 of the Labour Code). Men do not enjoy this protection, except if they are a single parent, have disabled children or are nursing sick relatives. While the Committee notes that the Labour Code amendments of 30 June 2006 extended these measures (written consent is now required from a mother or a father caring, without a spouse, for a child up to 5 years of age), the Committee also notes that they are still available to men only on an exceptional basis, as indicated above. The Committee once again requests the Government to review these provisions in the light of the principle of equality, and to take steps to ensure that they apply to men and women on an equal footing. Please indicate any steps taken with regard to this matter.
Article 5. Childcare facilities and services. The Committee notes from the report that, in 2006, there were 3,421 “territorial establishments for social assistance to family and children”. The Committee in unclear as to the nature of these establishments and therefore asks the Government to indicate more specifically the number of childcare facilities or services, particularly facilities or services caring for a child below the mandatory school age during daytime, and the number of children they are caring for. Please also elaborate on how these facilities are organized and function.
Article 6. Information and education. In reply to its previous comments regarding this Article, the Government states that is has a positive attitude towards the activities of non-governmental organizations designed to promote equality between men and women, and support their activities. The Committee recalls that under Article 6, it is the responsibility of the Government to take appropriate measures to promote information and education which engender a broader public understanding of the principle of equality. The Committee, therefore, requests the Government once again to indicate the measures taken to promote information and education on the principle of equality of opportunity and treatment for men and women workers, including in particular measures taken to encourage a better sharing of family responsibilities between men and women, as envisaged in Paragraph 11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).
Article 7. Labour market measures. The Committee asks the Government to provide information on how the different programmes and schemes for the promotion of employment have assisted workers with family responsibilities to become and remain integrated in the labour force.
Articles 9 and 11. Collective agreements. The Committee recalls that the Convention identifies collective agreements as a means of application and provides for the right of workers’ and employers’ organizations to participate in devising and applying measures designed to give effect to the Convention. The Committee, therefore, requests the Government once again to provide information on how collective agreements address the rights and needs of workers with family responsibilities. Please provide examples of relevant provisions contained in collective agreements.
The Committee notes that the Government has not yet provided replies to a number of specific points raised by the Committee in its previous comments. The Committee therefore requests the Government to provide a report containing information with regard to all the matters set out below.
1. Article 1 of the Convention. The Committee requests the Government to provided information on how the Convention is applied to “other members of their immediate family who clearly need their care or support” as envisaged under Article 1.
2. Article 2. Application of the Convention to non-citizens. The Committee recalls that the Convention is intended to cover nationals and non-nationals residing in the country. It, therefore, asks the Government to clarify the manner in which the Convention is applied to non-national workers residing in the territory of the Russian Federation. In this regard, please indicate whether the guarantees and privileges for workers with family responsibilities under the Labour Code are also enjoyed by non-citizens and state whether non-citizens are entitled to receive social benefits, including benefits during childcare leave periods.
3. Article 3. Right to engage in employment without discrimination. The Committee notes with interest that the Labour Code amendments of 30 June 2006 added “family status” as a prohibited ground of discrimination in section 3 of the Labour Code. The Committee also notes that the draft law on “state guarantees of equal rights and freedoms and equal opportunities of men and women in the Russian Federation”, which is still under consideration by the State Duma, provides that measures to protect maternity and paternity are not considered to be discrimination. Stressing that addressing the needs of workers with family responsibilities, both women and men, is a key aspect of achieving effective equality of opportunity and treatment for men and women workers, the Committee encourages the Government to ensure that the principles of the Convention, in particular those set out in Article 3, are fully reflected in the legislation, and requests the Government to indicate the steps taken to this end.
4. Article 4. Terms and conditions of employment and social security. The Committee welcomes that, as stated in the report, as of 1 January 2007 fathers taking childcare leave have received social benefits on the same footing as women. The Committee requests the Government to provide more detailed information on the different social benefits available to workers with family responsibilities and to indicate the relevant laws or regulations providing for such benefits. The Committee requests the Government to provide information in its next report on the number of men and women who have made use of the entitlement to take childcare leave, and the specific measures taken to encourage men to do so.
5. The Committee recalls its previous comments concerning the requirement of obtaining written consent of women with children under 3 years of age when sending them on business trips or in the case of overtime work, night work, days off and work on holidays (sections 96, 99, 113 and 259 of the Labour Code). Men do not enjoy this protection, except if they are a single parent, have disabled children or are nursing sick relatives. While the Committee notes that the Labour Code amendments of 30 June 2006 extended these guarantees (written consent is now required from a mother or a father caring, without a spouse, for a child up to 5 years of age), the Committee also notes that these guarantees are still available to men only on an exceptional basis, as indicated above. The Committee requests the Government to review these provisions in the light of the principle of equality, and to consider providing these guarantees to men and women on an equal footing. Please indicate any steps taken with regard to this matter.
6. Article 5. Childcare facilities and services. The Committee requests the Government to provide further information on the manner in which childcare and social institutions adequately respond to the needs of workers with family responsibilities. In this regard, please provide updated information on the number of childcare facilities or services and the number of children they are caring for.
7. Article 6. Information and education. The Committee stresses the importance of promoting information and education to engender a broader public understanding of the principle of equality of opportunity and treatment. In this regard it recalls that “if the measures taken to implement a national policy under Article 3 are to be effective in furthering equality between men and women, they should be accompanied by a major campaign of sensitization in order to promote widespread acceptance of the notion that the family is the concern of each individual, for men and women” (General Survey 1993, paragraph 90). The Committee, therefore, requests the Government to indicate the measures taken to promote information and education on the principle of equality of opportunity and treatment for men and women workers, including measures taken to encourage a better sharing of family responsibilities between men and women, as envisaged in Paragraph 11 of the Workers with Family Responsibilities Recommendation No. 165.
8. Article 7. Labour market measures. The Committee notes that the draft concept of labour market activity 2006–10 targets women seeking to re-enter the labour market after maternity leave and raising children. The ongoing labour market measures continued to pay special attention to women in a vulnerable position, including those with young or disabled children, and single mothers. The Committee asks the Government to continue to provide information on the different programmes and schemes assisting workers with family responsibilities to become and remain integrated in the labour force.
9. Articles 9 and 11. Collective agreements. The Committee recalls that the Convention identifies collective agreements as a means of application and provides for the right of workers’ and employers’ organizations to participate in devising and applying measures designed to give effect to the Convention. The Committee, therefore, requests the Government to provide information on how collective agreements address the rights and needs of workers with family responsibilities. Please provide examples of relevant provisions contained in collective agreements.
[The Government is requested to report in detail in 2009.]
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Article 1 of the Convention. The Committee notes that the Government’s report does not include a reply to its previous comments concerning the definition of “dependent child”, nor does the Government indicate how the Convention is applied to “other members of their immediate family who are clearly in need of care or support”. It asks the Government to provide this information in its next report.
2. Article 2. The Committee notes the adoption of the new Labour Code on 30 December 2002. It notes that section 1 of the Labour Code states that “the purposes of the labour law shall be setting official state guarantees of the labour rights and freedoms of the nationals … ” and that section 3 of the Labour Code of 2002 provides that no one can be constrained in his or her labour rights and freedoms or get any advantages irrespective of a number of grounds, including sex and nationality. The Committee also notes that Act No. 81 of 19 May 1995 (as amended in 2001) on the state benefits to citizens with children which grants monthly benefits to both fathers and mothers or other relatives and guardians who are taking care of children up to one and a half years, and the Presidential Decree of 30 May 1994 (as amended in 2001) on the level of compensation paid to certain categories of citizens which provides for monthly compensation to mothers and other relatives taking care of a child up to the age of 3, only seem to apply to citizens. The Committee recalls that the Convention is intended to cover nationals and non-nationals residing in the country, and asks the Government to clarify the manner in which the Convention is applied to non-national workers residing in the territory of the Russian Federation.
3. Article 3. The Committee notes with interest the numerous provisions in the new Labour Code protecting and promoting the rights of workers with family responsibilities, such as the preferential right for married workers with one or two dependants to retain their job in case of personnel reduction (section 179), special working time arrangements (sections 93, 96, 99 and 113) and Chapter 41 on special procedures for female employees and employees with family responsibilities. It also notes that on the basis of Government Ordinance No. 855 of 28 June 2001, a National Plan of Action for 2001-05 has been adopted, which provides for activities to promote equal opportunities for women in the area of employment and to create conditions for combining family and work responsibilities. The Committee asks the Government to provide specific information on the implementation of the abovementioned provisions of the Labour Code as well as the practical measures taken under the National Plan of Action to create the necessary conditions for reconciling work and family responsibilities and the results achieved.
4. Article 4. The Committee notes the provisions in the new Labour Code that enable workers with family responsibilities to exercise their right to free choice of employment. It notes in particular that section 5 prohibits the refusal to conclude a contract with women because of their pregnancy or “presence of children”, and that sections 96, 99 and 113 along with section 259 provide that women with children below the age of 3 may be sent on business trips and work overtime, work at night or work on days off and non-working holidays only with their written agreement and when it is not forbidden by medical recommendation. It also notes that section 259 grants the same guarantees to employees who have disabled children or who care for persons disabled from birth up to 18 years of age, and to employees caring for sick relatives. Furthermore, section 264 extends the guarantees and privileges granted to women in relation to night work, overtime, free days and holidays, business trips, additional leave privileges, work schedules and other privileges and guarantees specified by laws and statutory acts to single parents and guardians of non-adults. While welcoming these provisions in the Labour Code, the Committee notes that the guarantees and privileges granted under these provisions do not cover fathers of children up to the age of 3, except when they are a single parent, have disabled children or are nursing sick relatives. Noting, however, that other provisions such as those related to child-care leave (section 256) or leave for adoptive parents (section 257) cover both male and female employees, the Committee asks the Government, when the occasion arises, to consider extending the abovementioned privileges and guarantees granted to mothers of children below the age of 3, also to the fathers of those children.
5. Further to the above and in reference to its previous comments concerning the Government’s indication that it is deemed necessary to develop economic incentives and benefits to encourage employers to hire workers with family responsibilities and women in a weaker position on the labour market, the Committee reiterates its request for information from the Government on any measures taken in this regard, as well as on any other programmes introduced or planned to further the application of Article 3 of the Convention.
6. Article 5. The Committee notes the Government’s statement that a highly developed network of day-care centres has been created in the country and that a system of supervision of children after school has been organized. It notes in this regard the statistical information provided on the number of day-care centres operating in the country and the number of children attending these centres. The Government also indicates that a system of social assistance to families and children is being developed which provides for assistance to workers with family responsibilities in educational, medical, welfare, economic, legal and other fields. The Committee notes that the number of social institutions involved in this system have been on the increase (107 in 1994, rising to 2,134 in 1999 and 2,774 in 2002). It asks the Government to provide further information on the manner in which the childcare network and social institutions respond adequately to the needs of these workers. The Committee reiterates its request for information on any programmes and activities undertaken pursuant to the national survey on the situation of children with insufficient family support, as well as on any measures taken or envisaged to further the application of Article 5 of the Convention.
7. Article 6. The Committee asks the Government to provide information in its next report on the measures taken to inform and educate the community in general about the provisions of the Convention and refers to paragraphs 90-95 of its 1993 General Survey on workers with family responsibilities.
8. Article 7. The Committee notes that section 5 of the Act on Employment and Population of 19 April 1991 (No. 1034-1) specifies the national policy measures in the field of employment to promote special action for the employment of citizens with particular needs in relation to social protection and facing difficulties in finding jobs (including parents, single parents, parents with very young or disabled children, or unemployed parents). It also notes that the proportion of women among unemployed parents raising very young and disabled children is 75 per cent; among single parents, 94.6 per cent; and among parents with many children, 73 per cent. The Government indicates in this regard that the employment services provide vocational training to women in need of education for social reasons (e.g. women on leave to take care of children and single mothers) and that the employment services and vocational guidance centres have successfully introduced programmes and technologies of intensive training of the unemployed in skills and occupations for which there is labour market demand. Noting the statistical data concerning vocational guidance services and training provided to unemployed women, as well as the percentage (24 per cent) of single parents with many children and those raising children of pre-school age or disabled children, who have been placed in work, the Committee asks the Government to continue to provide information on the measures taken to enable unemployed women and parents to become and remain integrated in the labour force and the results achieved. Please also indicate how the vocational training services provided to unemployed women with family responsibilities have enabled them to find employment in practice.
9. Articles 9 and 11. The Committee reiterates its request to the Government to provide copies of collective agreements containing clauses relevant to the application of the Convention, as well as information on the manner in which it is cooperating with employers’ and workers’ organizations to devise and apply measures to give effect to the provisions of the Convention.
The Committee notes the report of the Government and requests it to provide additional information on the following points.
1. Article 1 of the Convention. The Committee notes that the Government’s report does not include a reply to its previous comments concerning the definition of "dependent child", nor does the Government indicate how the Convention is applied to "other members of their immediate family who are clearly in need of care or support". It asks the Government to provide this information in its next report.
2. Article 2. The Committee notes the adoption of the new Labour Code on 30 December 2002. It notes that section 1 of the Labour Code states that "the purposes of the labour law shall be setting official state guarantees of the labour rights and freedoms of the nationals …" and that section 3 of the Labour Code of 2002 provides that no one can be constrained in his or her labour rights and freedoms or get any advantages irrespective of a number of grounds, including sex and nationality. The Committee also notes that Act No. 81 of 19 May 1995 (as amended in 2001) on the state benefits to citizens with children which grants monthly benefits to both fathers and mothers or other relatives and guardians who are taking care of children up to one and a half years, and the Presidential Decree of 30 May 1994 (as amended in 2001) on the level of compensation paid to certain categories of citizens which provides for monthly compensation to mothers and other relatives taking care of a child up to the age of 3, only seem to apply to citizens. The Committee recalls that the Convention is intended to cover nationals and non-nationals residing in the country, and asks the Government to clarify the manner in which the Convention is applied to non-national workers residing in the territory of the Russian Federation.
4. Article 4. The Committee notes the provisions in the new Labour Code that enable workers with family responsibilities to exercise their right to free choice of employment. It notes in particular that section 5 prohibits the refusal to conclude a contract with women because of their pregnancy or "presence of children", and that sections 96, 99 and 113 along with section 259 provide that women with children below the age of 3 may be sent on business trips and work overtime, work at night or work on days off and non-working holidays only with their written agreement and when it is not forbidden by medical recommendation. It also notes that section 259 grants the same guarantees to employees who have disabled children or who care for persons disabled from birth up to 18 years of age, and to employees caring for sick relatives. Furthermore, section 264 extends the guarantees and privileges granted to women in relation to night work, overtime, free days and holidays, business trips, additional leave privileges, work schedules and other privileges and guarantees specified by laws and statutory acts to single parents and guardians of non-adults. While welcoming these provisions in the Labour Code, the Committee notes that the guarantees and privileges granted under these provisions do not cover fathers of children up to the age of 3, except when they are a single parent, have disabled children or are nursing sick relatives. Noting, however, that other provisions such as those related to child-care leave (section 256) or leave for adoptive parents (section 257) cover both male and female employees, the Committee asks the Government, when the occasion arises, to consider extending the abovementioned privileges and guarantees granted to mothers of children below the age of 3, also to the fathers of those children.
The Committee notes the information contained in the Government’s first report and attached documentation. Noting that the Government is in the process of adopting a new Labour Code the Committee requests the Government to supply a copy of the new Code once it has been promulgated.
1. Article 1 of the Convention. The Committee notes from the report that the Act on Pension Provision of 1990 provides a definition of the term "dependent child". The Government indicates that children under the age of 18 are deemed to be dependent. The Committee would be grateful if the Government would confirm that the definition of "dependent child" for purposes of the Convention in fact applies to all those categories of persons that the Government indicates as being covered by the Pensions Act. The Committee also requests the Government to provide information on whether coverage under the Convention is applied to "other members of their immediate family who clearly need care or support".
2. Article 2. The Committee notes the Government’s indication that the measures taken to give effect to the Convention apply to all branches of the economy and to all categories of workers. It also notes that the provisions cited in the report as relevant to the application of the Convention, particularly references to the Labour Code, apply only to Russian citizens residing permanently in the territory of the Russian Federation. In this regard, the Committee wishes to draw the Government’s attention to paragraph 47 of its 1993 General Survey on workers with family responsibilities which points out that the Convention is intended to cover all workers living in a particular country, whether or not they are nationals of that country. The Committee requests the Government to indicate the manner in which the Convention is applied to foreign workers residing in the territory of the Russian Federation.
3. Article 3. The Committee notes that, while the report makes reference to the Plan of Action on the Advancement of Children 1998-2000 and to national plans of action on the advancement of women and enhancement of their role in society, it does not indicate whether the Government has enunciated an explicit national policy aimed at enabling men and women workers with family responsibilities to be employed without discrimination and to assist them in reconciling their work and family obligations. Referring to the explanations provided in paragraphs 54 to 89 of its 1993 General Survey on workers with family responsibilities, the Committee requests the Government to consider taking the necessary action to adopt and implement such a national policy in the form most appropriate to national conditions and possibilities, perhaps in the context of the legal and economic reforms being undertaken currently in the country. That policy could then provide the framework for developing, coordinating and evaluating all of the various policies and programmes which are, or might be, taken under the following Articles of the Convention. Accordingly, the Committee hopes that the Government will be able to indicate in its next report that action has been taken in this regard.
4. Article 4. The Committee notes with interest the work carried out by the Ministry of Labour in coordination with the Committee of the State Duma on Women, Family and Youth to develop the national legislation in terms of equal opportunity and treatment, and particularly that amendments were drafted to the Labour Code in connection with the ratification of the Convention. With regard to conditions of employment, the Committee also notes the Government’s reference to section 40-1 of the 1993 Labour Code, which provides, inter alia, that the State guarantees its citizens residing permanently on the territory of the Russian Federation the right to choose work with various labour regimes. In this context, the report refers to the right to choose work "based on different working time arrangements". The Committee requests the Government to provide information in its next report on the practical application of this provision. The Committee notes the Government’s indication in its report under the Equal Remuneration Convention, 1951 (No. 100), that it deems it necessary to develop economic incentives and benefits to encourage employers to hire workers with family responsibilities and women with reduced competitiveness. That report also indicates that the Government has adopted employment guarantees for certain categories of workers, including parents of many children, and women raising pre-school age or disabled children. The Committee would appreciate receiving information from the Government on the nature and practical application of these measures as well as on any programmes introduced or planned to further the application of this Article, such as those, for example, suggested in paragraphs 17 to 23 and 27 to 31 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).
5. Article 5. The Committee requests detailed information on the measures taken to ensure that the needs of workers with family responsibilities are taken account of in community planning and to indicate the nature and number of childcare and family services and facilities established. The Committee also requests the Government to supply information derived from the national survey on the situation of children with insufficient family support; and to describe any programmes or activities undertaken pursuant to that survey. The Committee would be grateful if the Government would supply information in its next report on any measures taken or envisaged to further the application of this Article. In this respect, the Committee refers the Government to Chapter V of its 1993 General Survey on workers with family responsibilities.
6. Article 6. The Committee requests the Government to continue to provide information in its next report on the measures taken to inform and educate the community in general about the provisions of the Convention, including measures which encourage the sharing of family responsibilities between men and women. In this regard, the Committee refers to the examples and explanations provided in paragraphs 90 to 95 of its General Survey, mentioned above.
7. Article 7. The Committee notes the information contained in the report, including statistical data, regarding vocational guidance and vocational training services. Noting that in 1999 an estimated 3.4 million persons were provided with vocational guidance services and that the Government expects the volume of such services to increase, the Committee asks the Government to indicate in its future reports any measures specifically directed at enabling workers with family responsibilities to become and remain integrated in the labour force, as well as to re enter the labour force after an absence due to those responsibilities. In this respect, the Committee refers the Government to Chapter III of its 1993 General Survey, which explains the requirements of this Article and suggests some practical measures which might be taken to secure compliance with the Convention, such as providing distance-learning services and childcare services for trainees with family responsibilities.
8. Article 9. The Committee notes the Government’s indication that the Convention is applied through laws, by-laws and collective agreements. In this regard, the Committee would appreciate receiving sample copies of collective agreements containing clauses relevant to the application of the Convention.
9. Article 11. The Committee hopes that the Government will be in a position to indicate in its next report the manner in which it has participated with employers’ and workers’ organizations to devise and apply measures to give effect to the provisions of the Convention.