Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Paid Educational Leave Convention, 1974 (No. 140) - Russian Federation (Ratification: 2014)

Other comments on C140

Direct Request

2019
2017

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Articles 1, 2 and 3 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. In its previous comments, the Committee requested the Government to submit information on the measures taken or planned to promote the granting of paid educational leave, as required under Articles 2 and 3 of the Convention, as well as on the manner in which the granting of paid educational leave contributes to the objectives set out in Article 3. The Government once again refers to Chapter 26 of the Labour Code of the Russian Federation, which ensures to workers who combine work and study the right to additional leave as granted by the employer. In particular, the Government reiterates its previous reference to sections 173–6 of the Labour Code, as well as additional leave provided to workers successfully applying for a Candidate of Sciences degree or a Doctor of Sciences degree. Finally, the Government reports that, when education programmes do not have state accreditation, it is up to collective agreements or employment contracts to establish guarantees and compensation. Noting that the Government does not provide up-to-date information, particularly with respect to the manner in which Article 3 of the Convention is given effect, the Committee reiterates its request that the Government indicate the measures taken or envisaged as part of the national policy to promote the granting of paid educational leave for the specific purposes laid out in Article 2. The Committee further requests the Government to indicate the manner in which the granting of paid educational leave contributes to the objectives set out in Article 3.

Articles 4 and 10. Granting of paid educational leave. Coordination with general policies. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure the coordination of the national policy on paid educational leave with general policies on employment, education and training, and hours of work. The Committee also requests the Government to explain the manner in which the requirement established in several provisions of the Labour Code calling for the worker to be “successfully studying” is applied in practice. The Committee reiterates its request that the Government indicate the terms on which paid educational leave is granted for vocational training, general, social and civic education, and trade union education, with an indication in each case of the conditions to be fulfilled by workers in order to be granted such leave.

Article 6. Association of governmental institutions, other bodies and the social partners. The Committee notes that the Government has not provided information on the manner in which effect is given to Article 6 of the Convention. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to associate public authorities, employers’ and workers’ organizations, and institutions or bodies providing education or training with the formulation and application of the policy for the promotion of paid educational leave.

Article 9. Particular categories of workers. The Committee notes that the Government has not provided information requested in its previous direct request concerning the application of Article 9 of the Convention. The Committee therefore once again requests the Government to indicate whether any special provisions have been established for particular categories of workers (such as workers in small undertakings, rural or other workers residing in isolated areas, shift workers or workers with family responsibilities), or for workers in particular categories of undertakings (such as small or seasonal undertakings) who find it difficult to fit into general arrangements.

Article 11. Assimilation to a period of effective service. Noting that the Government has not provided information in respect of its previous direct request, the Committee therefore once again requests the Government to indicate the measures taken to assimilate the period of paid educational leave to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relationship.

Application in practice. Noting that the Government has not provided information in respect of its previous direct request, the Committee therefore once again requests the Government to provide information on the manner in which the Convention is applied in practice, including any extracts of reports, studies or inquiries relating to the practical application of the Convention.