Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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.