Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C111

Observation

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Follow-up to the conclusions of the Conference Committee on the Application of Standards (International Labour Conference, 99th Session, June 2010). The Committee recalls the discussion that took place in the Conference Committee on the Application of Standards in June 2010. In its conclusions, the Conference Committee raised concerns regarding Resolution No. 162 of 25 February 2000, which excludes women from being employed in 456 occupations and 38 branches of industry, and section 253 of the Labour Code, which provides that the employment of women in arduous work and work in harmful or dangerous conditions shall be limited. The Conference Committee urged the Government to take steps to revise section 253 of the Labour Code and Resolution No. 162 to ensure that any limitations on the work that can be undertaken by women are not based on stereotyped perceptions regarding their capacity and role in society and are strictly limited to measures to protect maternity, and asked the Government to take measures to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, as well as at all levels of responsibility. It also 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, including ethnic minorities. It specified that such measures should include strengthening the legal framework, including ensuring that the legal framework addresses direct and indirect discrimination, the burden of proof, provides for effective remedies, and that there are mechanisms to promote, analyse and monitor equality of opportunity and treatment.

Articles 1 and 3 of the Convention. Legislative framework. Noting that the Government provides no information on strengthening the legislative framework, the Committee asks the Government to provide specific information on any measures taken or envisaged to ensure protection against both direct and indirect discrimination, effective remedies, to address the burden of proof, and to strengthen or establish mechanisms for promotion, analysis and monitoring of equality of opportunity and treatment in employment and occupation for all groups covered under the Convention, including ethnic minorities. Recalling the Government’s previous indication that a draft federal law on state guarantees of equal rights and freedoms and equal opportunities for men and women had been adopted by the State Duma in a first reading, the Committee asks the Government to provide updated information on the status of the process of adoption of the law.

Articles 2 and 5. Gender equality and special measures of protection. The Committee welcomes the Government’s indication that, as a result of the consultations among the Ministry of Health and Social Development and the social partners, it was decided that Resolution No. 162 would be amended. It also notes that the Government repeats that employers may assign to women work that is included in the list, provided the employer creates safe working conditions, which are certified as safe by the competent state authorities. The Government also indicates that 456 occupations and 38 branches of industry constitute only 2 per cent of all types of economic activities; therefore, according to the Government, the list cannot be considered discriminatory. The Government adds that work is under way to introduce a system of occupational risk management, with the cooperation of the social partners, at each workplace. The Committee again reminds the Government that protective measures applicable to women’s employment, which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. 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 (General Survey on fundamental Conventions, 2012, paragraph 840). It also recalls that the Conference Committee asked the Government to ensure that the planned review of the system of health and safety protection addressed the needs of both men and women, and would not lead to measures hindering women’s participation in the labour market. The Committee asks the Government to ensure that Resolution No. 162 of 2000 is amended without further delay, as well as section 253 of the Labour Code, and that any measures limiting women’s employment are strictly limited to maternity protection. Please provide specific information on the progress made in this regard, including with respect to the consultations with workers’ and employers’ organizations and the results of such consultations.

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that in March 2010, the rate of economically active women (between 15 and 72 years of age) was 56.7 per cent, compared to 66.4 per cent for men. The Committee notes from the statistical information provided by the Government under the Equal Remuneration Convention, 1951 (No. 100), that women constituted 81.2 per cent in education, 79.7 per cent in health care and social services, and 77.6 per cent in hotel and restaurant services in 2009, and observes that the labour market remains highly gender segregated. The Committee asks the Government to take measures to promote equal opportunities of men and women in employment and occupation, including information on the specific steps taken to ensure that men and women have equal access to employment in the broadest possible range of sectors and industries, as well as at all levels of responsibility. Please continue to provide updated detailed statistical information on the distribution of men and women in the different sectors and industries, as well as levels of responsibility.

Sexual harassment. The Committee recalls the absence of specific legal provisions on sexual harassment in the workplace. It notes the Government’s indication that sexual harassment is covered by section 133 of the Criminal Code, which provides that it is a criminal offence to force a person to perform acts of a sexual nature, including sexual intercourse, sodomy, lesbianism, or other acts of a sexual nature using blackmail, threats of destroying, damaging or taking away property, or by exploiting the victim’s financial or any other form of dependence. The Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, and the fact that criminal law does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation. Given the gravity and serious repercussions of sexual harassment, as a serious manifestation of sex discrimination and a violation of human rights, it is important to take effective measures to prevent and prohibit sexual harassment at work, both quid pro quo and hostile environment sexual harassment (General Survey, 2012, paragraphs 789 and 792). The Committee asks the Government to take steps to include in legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment in employment and occupation. It also asks the Government to indicate any measures taken in practice to prevent and address sexual harassment, and to raise awareness of employers, workers and their representatives regarding sexual harassment.

Equality of opportunity and treatment of ethnic minorities and indigenous peoples. The Committee recalls the Government’s acknowledgement that there is a need for measures promoting non-discrimination in employment and occupation based on ethnic or national origin and to promote tolerance between the various ethnic groups in the country, including ethnic associations created under the Federal Law on National and Cultural Autonomy, 1996. The Committee recalls that where labour market inequalities along ethnic lines exist, a national policy to promote equality of opportunity and treatment, as envisaged in Articles 2 and 3 of the Convention, should include measures to promote equality of opportunity and treatment of members of all ethnic groups with respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment (General Survey, 2012, paragraph 765). The Committee asks the Government to take specific measures to strengthen the enforcement of the Labour Code’s provision on non-discrimination, with particular emphasis on discrimination on racial or ethnic grounds, including through promotional measures as well as effective enforcement of the legislation. It reiterates its request to the Government to provide information with regard to equal opportunities and treatment in employment and occupation of indigenous peoples.

Parts III and IV of the report form. Monitoring and enforcement. The Committee recalls that since the 2006 amendments to the Labour Code, persons considering themselves to be discriminated against in the sphere of labour can no longer petition the labour inspectorate. The Committee notes the Government’s indication that the labour inspectorate provides advice to workers and explains in detail the procedure for lodging claims based on discrimination before the courts. It also notes the Government’s indication that in 2009 efforts were made to identify and eliminate violations of labour rights of women pursuant to a plan of the Federal Labour and Employment Service, and that 3,818 inspections were carried out, during which 13,578 violations of the Labour Code were identified and resolved. According to the Government, over 2,100 instructions were issued, over 1,600 fines were imposed, and over 500 dismissals were revoked, following requests by the labour inspectorate. The Committee asks the Government to provide information on the number of cases concerning discrimination in employment and occupation brought before the courts under the Labour Code, and on the outcome of such cases, as well as the impact of limiting the avenues of seeking redress only to the courts. It also asks the Government to provide information on the results of labour inspections, as well as on how the advice provided by the labour inspectorate assists workers and employers in lodging claims based on discrimination before the courts. The Committee further asks the Government to provide information on any measures taken to strengthen the capacity of labour inspectors to provide such advice. As requested by the Conference Committee, please provide specific information on steps taken to strengthen or establish mechanisms for the promotion, analysis and monitoring of equality of opportunity and treatment in employment and occupation for all groups covered under the Convention, including ethnic minorities.