Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

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.]