Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Russian Federation (Ratification: 1961)

Other comments on C111

Observation

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Articles 1 and 3 of the Convention. Legislative framework. The Committee recalls that in 2010 the Conference Committee urged the Government to take measures, through tripartite consultation, to ensure non-discrimination and promote equality of opportunity and treatment in employment and occupation for all groups protected under the Convention, through the strengthening of the legal framework to address direct and indirect discrimination and to provide for effective remedies and mechanisms to promote equality and non-discrimination. The Committee notes the adoption of Federal Law No. 162-FZ of 2 July 2013 on amendments to Federal Law No. 1032-I on Employment and other legislative Acts, amending section 25 so as to explicitly prohibit discrimination in recruitment. Pursuant to the amendment, it is prohibited to disseminate vacancy announcements containing restrictions or establishing preferences on the basis of sex, race, colour, nationality, language, origin, property, family, social and employment status, age, place of residence, attitude to religion, convictions, membership or non-membership of voluntary associations or social groups, as well as any other factors not related to the qualifications of workers, except for cases where these restrictions or preferences are established under specific laws. The Code of Administrative Offences has been amended accordingly to introduce a definition of discrimination and to provide for fines in case of discriminatory job vacancy. The Committee understands that Federal Law No. 162-FZ also amends section 3 of the Labour Code (prohibition of discrimination on the basis of listed grounds) so as to remove the adjective “political” before the word “convictions” (beliefs), and adds “membership of other social groups”. Noting the amendment to section 3 of the Labour Code and to section 25 of Federal Law No. 1032-I on Employment, the Committee requests the Government to clarify whether the general term “convictions” (beliefs) also covers “political opinion” as referred to in Article 1(1)(a) of the Convention. The Committee also requests the Government to specify the legal provisions referred to in section 25 of the Law on Employment, as amended, and to provide relevant administrative or judicial decisions so as to clarify the cases in which the prohibition of discrimination in recruitment does not apply, and the related grounds. The Committee once again asks the Government to provide specific information on any measures taken to ensure protection against both direct and indirect discrimination, to provide access to effective remedies, and to strengthen or establish mechanisms for the promotion, analysis and monitoring of equality of opportunity and treatment in employment and occupation for all the groups covered by the Convention, including ethnic minorities.

Articles 2 and 5. Gender equality and special measures of protection. For a number of years, the Committee has been asking the Government to revise section 253 of the Labour Code (prohibition to employ women in arduous, harmful or dangerous conditions) and Resolution No. 162 of 25 February 2000, which excludes women from being employed in 456 occupations and 38 branches of industry. The Government indicated previously that it had been decided to amend Resolution No. 162 and work was under way to introduce a general system of occupational risk management in cooperation with the social partners at each workplace. The Committee notes that the Government’s report does not provide further information in this respect. The Government indicates that the Supreme Court provided clarifications for judges on the application of legislation on women’s employment, according to which the special status of women as workers implies the requirement for employees to comply with certain restrictions regarding the type of work in which they can be employed and provide appropriate safeguards (Decision No. 1 of 28 January 2014). The Government also indicates that the refusal by an employer to recruit a woman to perform the kind of work listed is not discriminatory, if the employer has not established a safe working environment and this is confirmed by a special assessment of working conditions. The Committee recalls that provisions regarding the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee further notes from the third national report on the implementation of the European Social Charter submitted by the Government that part of the differences in wages between men and women are explained by the payment of compensation to men for work in harmful, dangerous and difficult working conditions where it is prohibited to employ women, and for overtime, work on weekends and public holidays, which is prohibited for “certain categories of women” (RAP/RCha/RUS/3(2014), 20 December 2013, pages 29–30). In this respect, the Committee recalls that the Labour Code (sections 99, 113, 259, 298, etc.) contains specific provisions with respect to women who have children under the age of 3 years (or 1.5 years), particularly with respect to working time (overtime, night work, work in shifts, etc.). In light of the principle of equality of opportunities and treatment for men and women, the Committee once again urges the Government to revise Resolution No. 162 and the Labour Code, in particular section 253, so as to ensure that restrictions applying to women are strictly limited to those aimed at protecting maternity in the strict sense and those providing special conditions for pregnant women and breastfeeding mothers, and that they do not hinder the access of women to employment and their remuneration on the basis of gender stereotypes. The Committee asks the Government to provide full information on the progress achieved in this regard, in consultation with workers’ and employers’ organizations.

Monitoring and enforcement. The Committee welcomes the increased efforts made by the labour inspectorate to strengthen the supervision and monitoring of compliance with the labour legislation relating to the protection of women (pregnant women, women with young children and women in rural areas) and persons with family responsibilities. The Committee welcomes the detailed information provided by the Government in this respect and notes that, 52,444 inspections were carried out in 2013 and resulted in the detection of 4,834 violations, which mainly concerned the non-payment of maternity benefits and procedures for the termination of employment of pregnant women and women with young children (773 compliance orders were issued to employers and 508 fines imposed). The Government indicates that in 2013 the State labour inspection services received four communications concerning discrimination in employment on the basis of nationality. Recalling that since 2006, claims for discrimination have only been dealt with by the courts, and not by the labour inspectorate, the Committee notes that the Government’s report contains insufficient information regarding complaints for or relating to discrimination in employment and occupation submitted to the courts, which makes it difficult to assess whether the existing complaint mechanism is accessible in practice and allows workers to assert effectively their right to non-discrimination and equality under the Labour Code. The Committee once again asks the Government to provide information on the number and content of cases concerning discrimination in all aspects of employment and occupation brought before the courts under the terms of the Labour Code, and on the outcome of such cases, as well as the impact of limiting the avenues for seeking redress solely to the courts. The Committee also asks the Government to provide information on the steps taken to strengthen or establish mechanisms to analyse and monitor equality of opportunity and treatment (or non-discrimination) for all groups covered by the Convention.

The Committee is raising other matters in a request addressed directly to the Government.