Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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.