Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Article 1 of the Convention. Indirect discrimination. The Committee stresses the importance of addressing indirect employment discrimination. It therefore reiterates its request to the Government to indicate whether the prohibition of discrimination contained in section 3 of the Labour Code covers both direct and indirect discrimination.

2. Sexual harassment. The Committee notes from the Government’s report that the labour legislation does not include explicit provisions on sexual harassment. However, sexual harassment is considered to be a form of sex discrimination prohibited under section 3 of the Labour Code. Further, the right of employees to protection of their dignity is recognized as a principle of regulation of labour relations under section 2, which may serve as a legal basis for the elaboration and implementation of measures against sexual harassment at the enterprise level. The Committee requests the Government to continue to provide information on any measures taken or envisaged to prohibit and address sexual harassment at work. Please also provide examples of action taken at the enterprise level to combat sexual harassment.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee is concerned to note from the Government’s most recent report on the application of Convention No. 100 that women are enjoying fewer and fewer opportunities to pursue a professional career and to enhance their qualifications. According to the report, the number of female employees in lower grades is twice that of men. The Committee also notes that, in 2003, the labour inspectors have dealt with some 30,800 violations of specific provisions in the labour legislation concerning the employment of women, and with 32,302 violations of this kind in 2004. While the Committee welcomes the fact that efforts are being made to ensure the application of labour legislation, the Committee urges the Government to also take concrete and proactive steps, in cooperation with workers’ and employers’ organizations, to promote equal opportunities for men and women in employment and occupation. The Committee requests the Government to provide in its next report information on:

(a)  any cases of direct or indirect sex discrimination addressed by the competent authorities under section 3 of the Labour Code, including indications on how these cases have been resolved;

(b)  any measures taken to combat discriminatory job advertisements establishing exclusions based on sex and age which, according to the Government’s report, is a widespread practice in the country;

(c)  how the implementation of the National Plan of Action to Improve the Status of Women and Increase their Role in Society in 2001-05 has contributed to the improvement of the situation of women in employment and occupation, including through combating horizontal and vertical labour market segregation based on sex;

(d)  statistical data on the participation of men and women in employment in the various sectors, occupations and levels of responsibility;

(e)  the status of the draft federal law on "State Guarantees of Equal Rights and Freedom and Equal Opportunities, for Men and Women in the Russian Federation" to which the United Nations Committee on Economic, Social and Cultural Rights has referred in its Concluding Observations of 2003 (E/C.12/1/Add.94, 12 December 2003); and

(f)  any other steps taken to promote equal opportunities of men and women in employment and occupation.

4. Measures of protection. Recalling its previous comments concerning section 253 of the Labour Code, the Committee reiterates its request to the Government to submit a copy of the list of heavy-duty work and work with hazardous or dangerous working conditions, in which the employment of women and persons under 18 years of age is restricted, which was approved by Decision No. 162 of 25 February 2000.

5. Discrimination on the grounds of race, colour and national extraction. Recalling its previous comments, the Committee requests the Government to provide, in its next report, information on the practical measures taken to promote and ensure equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. In this regard, please indicate the position in the labour market of the different national or ethnic minorities and any measures taken to strengthen their equal access to training and employment.