Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

1. The Committee takes note of the promulgation of the new Labour Code adopted by the State Duma on 30 December 2001, which entered into force in February 2002. The Committee notes that section 3 of the Labour Code states that no one may be restricted in his (or her) labour rights and freedoms or receive any kind of advantage, irrespective of gender, race, skin colour, nationality, language, origin, material, social and employment status, age, place of residence, religious beliefs, political convictions and affiliation or non-affiliation with social associations and of other circumstances not related to an employee’s occupational qualifications. With reference to its previous comments concerning the omission of certain grounds, the Committee notes with interest that provisions of the new Labour Code cover all of the grounds of discrimination prohibited by the Convention. The Committee welcomes this development and requests the Government to provide information on the application and impact in practice of the new Labour Code on equality in employment and occupation, as well as on the enforcement of its non-discrimination provisions on all grounds.

2. The Committee recalls that in referring to the "effect" of a distinction, exclusion or preference on equality of opportunity and treatment, Article 1(1)(a) of the Convention uses the objective consequences of these measures as a criterion and, thus, covers both direct and indirect discrimination. Indirect discrimination refers to apparently neutral conditions, regulations, criteria or practices, which are applied to everyone, but which in fact result in a disproportionately harsh impact on some persons on the basis of one or more characteristics related to the grounds listed in the Convention. The Committee requests the Government to confirm whether section 3 of the new Labour Code is intended to cover both direct and indirect discrimination as required by the Convention.

3. In this context, the Committee notes the concern of the Committee on the Elimination of Discrimination Against Women at the "deteriorating situation of women in employment, with women’s share in highly paid sectors decreasing, and at increasing industrial and occupational segregation, with women constituting the overwhelming majority of the workers in low-paying jobs in health care, education, culture and social security [...] the level of women’s pay in the economy as a whole is only 65 per cent of men’s; that de facto discrimination against women persists in hiring, especially in the private sector; and, that in the State Service, women constitute 55 per cent of public servants but occupy only 9 per cent of leadership positions and 1.3 per cent of high leadership positions" (CEDAW/C/2002/CRP.3/Add.3 of 28 January 2002). The Committee asks the Government to continue providing information on the measures taken or envisaged to improve the situation of women in the labour market, to promote their access to employment and decision-making positions and to improve their working conditions.

In addition, a request regarding other points is being addressed directly to the Government.