Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the report of the Government and requests it to provide additional information on the following points.

1. Article 1 of the Convention. The Committee notes that the Government’s report does not include a reply to its previous comments concerning the definition of "dependent child", nor does the Government indicate how the Convention is applied to "other members of their immediate family who are clearly in need of care or support". It asks the Government to provide this information in its next report.

2. Article 2. The Committee notes the adoption of the new Labour Code on 30 December 2002. It notes that section 1 of the Labour Code states that "the purposes of the labour law shall be setting official state guarantees of the labour rights and freedoms of the nationals …" and that section 3 of the Labour Code of 2002 provides that no one can be constrained in his or her labour rights and freedoms or get any advantages irrespective of a number of grounds, including sex and nationality. The Committee also notes that Act No. 81 of 19 May 1995 (as amended in 2001) on the state benefits to citizens with children which grants monthly benefits to both fathers and mothers or other relatives and guardians who are taking care of children up to one and a half years, and the Presidential Decree of 30 May 1994 (as amended in 2001) on the level of compensation paid to certain categories of citizens which provides for monthly compensation to mothers and other relatives taking care of a child up to the age of 3, only seem to apply to citizens. The Committee recalls that the Convention is intended to cover nationals and non-nationals residing in the country, and 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.

3. Article 3. The Committee notes with interest the numerous provisions in the new Labour Code protecting and promoting the rights of workers with family responsibilities, such as the preferential right for married workers with one or two dependants to retain their job in case of personnel reduction (section 179), special working time arrangements (sections 93, 96, 99 and 113) and Chapter 41 on special procedures for female employees and employees with family responsibilities. It also notes that on the basis of Government Ordinance No. 855 of 28 June 2001, a National Plan of Action for 2001-05 has been adopted, which provides for activities to promote equal opportunities for women in the area of employment and to create conditions for combining family and work responsibilities. The Committee asks the Government to provide specific information on the implementation of the abovementioned provisions of the Labour Code as well as the practical measures taken under the National Plan of Action to create the necessary conditions for reconciling work and family responsibilities and the results achieved.

4. Article 4. The Committee notes the provisions in the new Labour Code that enable workers with family responsibilities to exercise their right to free choice of employment. It notes in particular that section 5 prohibits the refusal to conclude a contract with women because of their pregnancy or "presence of children", and that sections 96, 99 and 113 along with section 259 provide that women with children below the age of 3 may be sent on business trips and work overtime, work at night or work on days off and non-working holidays only with their written agreement and when it is not forbidden by medical recommendation. It also notes that section 259 grants the same guarantees to employees who have disabled children or who care for persons disabled from birth up to 18 years of age, and to employees caring for sick relatives. Furthermore, section 264 extends the guarantees and privileges granted to women in relation to night work, overtime, free days and holidays, business trips, additional leave privileges, work schedules and other privileges and guarantees specified by laws and statutory acts to single parents and guardians of non-adults. While welcoming these provisions in the Labour Code, the Committee notes that the guarantees and privileges granted under these provisions do not cover fathers of children up to the age of 3, except when they are a single parent, have disabled children or are nursing sick relatives. Noting, however, that other provisions such as those related to child-care leave (section 256) or leave for adoptive parents (section 257) cover both male and female employees, the Committee asks the Government, when the occasion arises, to consider extending the abovementioned privileges and guarantees granted to mothers of children below the age of 3, also to the fathers of those children.

5. Further to the above and in reference to its previous comments concerning the Government’s indication that it is deemed necessary to develop economic incentives and benefits to encourage employers to hire workers with family responsibilities and women in a weaker position on the labour market, the Committee reiterates its request for information from the Government on any measures taken in this regard, as well as on any other programmes introduced or planned to further the application of Article 3 of the Convention.

6. Article 5. The Committee notes the Government’s statement that a highly developed network of day-care centres has been created in the country and that a system of supervision of children after school has been organized. It notes in this regard the statistical information provided on the number of day-care centres operating in the country and the number of children attending these centres. The Government also indicates that a system of social assistance to families and children is being developed which provides for assistance to workers with family responsibilities in educational, medical, welfare, economic, legal and other fields. The Committee notes that the number of social institutions involved in this system have been on the increase (107 in 1994, rising to 2,134 in 1999 and 2,774 in 2002). It asks the Government to provide further information on the manner in which the childcare network and social institutions respond adequately to the needs of these workers. The Committee reiterates its request for information on any programmes and activities undertaken pursuant to the national survey on the situation of children with insufficient family support, as well as on any measures taken or envisaged to further the application of Article 5 of the Convention. 

7. Article 6. The Committee asks the Government to provide information in its next report on the measures taken to inform and educate the community in general about the provisions of the Convention and refers to paragraphs 90-95 of its 1993 General Survey on workers with family responsibilities. 

8. Article 7. The Committee notes that section 5 of the Act on Employment and Population of 19 April 1991 (No. 1034-1) specifies the national policy measures in the field of employment to promote special action for the employment of citizens with particular needs in relation to social protection and facing difficulties in finding jobs (including parents, single parents, parents with very young or disabled children, or unemployed parents). It also notes that the proportion of women among unemployed parents raising very young and disabled children is 75 per cent; among single parents, 94.6 per cent; and among parents with many children, 73 per cent. The Government indicates in this regard that the employment services provide vocational training to women in need of education for social reasons (e.g. women on leave to take care of children and single mothers) and that the employment services and vocational guidance centres have successfully introduced programmes and technologies of intensive training of the unemployed in skills and occupations for which there is labour market demand. Noting the statistical data concerning vocational guidance services and training provided to unemployed women, as well as the percentage (24 per cent) of single parents with many children and those raising children of pre-school age or disabled children, who have been placed in work, the Committee asks the Government to continue to provide information on the measures taken to enable unemployed women and parents to become and remain integrated in the labour force and the results achieved. Please also indicate how the vocational training services provided to unemployed women with family responsibilities have enabled them to find employment in practice.

9. Articles 9 and 11. The Committee reiterates its request to the Government to provide copies of collective agreements containing clauses relevant to the application of the Convention, as well as information on the manner in which it is cooperating with employers’ and workers’ organizations to devise and apply measures to give effect to the provisions of the Convention.