Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Fédération de Russie (Ratification: 1998)

Autre commentaire sur C156

Demande directe

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Article 1 of the Convention. Other members of the immediate family. The Committee recalls that section 259(3) of the Labour Code requires written consent of workers taking care of sick relatives, to undertake night work, overtime work, business trips, or work on days off and on holidays. It notes the Government’s indication that collective agreements provide for additional days of paid leave in cases of serious illness of close relatives. The Committee asks the Government 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 including the practical application of section 259(3) of the Labour Code.

Article 3. Right to engage in employment without discrimination. The Committee recalls that section 3 of the Labour Code includes “family status” as a prohibited ground of discrimination. The Committee asks the Government to provide information on the practical application of section 3 of the Labour Code, with regard to the ground of “family status”, including information on any cases brought before the courts.

Article 4. Leave entitlements. The Committee recalls the Government’s previous indication that fathers taking childcare leave have received social benefits on the same footing as women. The Committee again asks the Government to provide information on the number of men and women who have taken 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 that under the Labour Code, in the case of night work, overtime work, work on days off and on holidays, or business trips, written consent needs to be obtained from workers with children under the age of 5 without a spouse, workers with children with disabilities, and workers taking care of sick relatives, and only mothers with children under the age of three (sections 96, 99, 113 and 259). The Committee recalls that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey on fundamental Conventions, 2012, paragraph 786). The Committee asks the Government to review sections 96, 99, 113 and 259 of the Labour Code, 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 in this regard, including with the collaboration of workers’ and employers’ organizations.

Article 5. Childcare and family care services and facilities. The Committee once again asks the Government to provide detailed statistical information on the availability of childcare services and facilities that would allow the Committee to assess the progress made over time in ensuring sufficient coverage. The Committee also asks the Government to provide information on the number and nature of services and facilities that exist to assist workers with family responsibilities regarding other dependent members of their family.

Article 6. Information and education. 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 asks 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 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. Integration in the labour market. The Committee again 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, including information, vocational guidance and training targeting workers with family responsibilities.

Articles 9 and 11. Collective agreements. The Committee again asks 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.