Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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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The Committee notes the observations of the Confederation of Labour of Russia (KTR) received on 31 August 2016 and the Government’s reply.

Article 1 of the Convention. Other members of the immediate family. In its previous comments, the Committee had requested the Government to provide information on how the Convention was applied in practice to workers with family responsibilities, in particular in relation to “other members of their immediate family who clearly need their care or support”, as envisaged under Article 1 of the Convention. The Committee notes with interest the Government’s indication, in its report, that Decision No. 1 of 28 January 2014 (paragraph 2) of the Supreme Court provides a definition of “workers with family responsibilities” in the context of the legislation regulating the work of women and persons with family responsibilities, and that it defines a “worker with family responsibilities” as: (i) an employee who has the responsibility for the upbringing and development of a child in accordance with family and other legislation; (ii) another relative of the child who actually cares for him; and (iii) an employee who is responsible for other members of his or her family in need of prescribed care or assistance. Noting that the report does not contain any information on the practical application of section 259(3) of the Labour Code which requires the written consent of workers taking care of sick relatives to undertake night work and overtime work, the Committee once again requests the Government to provide such information, for example by providing statistical information on the number of cases where workers with family responsibilities have submitted complaints of non-compliance before the labour inspectorate or relevant judicial decisions.

Article 3. Right to engage in employment without discrimination and effective penalties. The Committee previously noted that section 3 of the Labour Code includes “family status” as a prohibited ground of discrimination. The Committee notes the Government’s indication that, in its Decision No. 1 of 28 January 2014, the Supreme Court held that a difference in treatment based on a worker’s family responsibilities is not permitted in respect of hiring for work, establishment of wages, transfers at work, establishment or variation of individual working conditions, training and additional vocational education, and termination of employment contracts. However, the Committee notes from the KTR’s observations that, in practice, workers with family responsibilities encounter serious difficulties in enforcing their rights in cases of discrimination notably because: (i) there are no clear rules governing the burden of proof, and (ii) there are no significant penalties for employers who engage in discrimination (a court may only provide for moral compensation ranging between 5,000 to 10,000 Russian Rubles (RUB), which is equivalent to EUR70 to 130). Recalling that effective and dissuasive penalties are necessary to ensure the effective application of the Convention in practice, the Committee requests the Government to: (i) provide information on any cases brought before the courts and on the sanctions imposed; (ii) to take measures to raise awareness on the rights of workers with family responsibilities’ right to engage in employment without discrimination, and (iii) to ensure that there are clear rules regarding the burden of proof applicable in cases of discrimination and that there is adequate compensation for victims and sufficiently dissuasive penalties for those responsible of such discrimination.

Article 4. Effective equality of treatment for men and women workers. With regard to night work, overtime work, work on days off and on holidays, or business trips, the Committee previously noted that, under the Labour Code, written consent needs to be obtained from mothers with children under the age of 3, mothers and fathers with children under the age of 5 without a spouse, workers with children with disabilities, and workers taking care of sick relatives (sections 96, 99, 113 and 259). It had requested the Government to ensure that these provisions apply equally to men and women workers with family responsibilities. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of November 2015, remained concerned at the persistence of stereotypes concerning the role and responsibilities of women and men in the family, which are based on the assumption that women’s primary role is to be mothers and caregivers, thus restricting their educational and professional choices and their participation in political and public life and in the labour market (CEDAW/C/RUS/CO/8, paragraph 19). The CEDAW also expressed concern that the new family policy of 2014 includes as a goal the renewal and increase of traditional family values focusing on women only as mothers, without including gender equality issues (CEDAW/C/RUS/CO/8, paragraph 33). Since 2009, the Committee has been drawing the Government’s attention to the fact 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, which is not the case if fathers benefit from provisions only in the event they are without a spouse. The Committee once again requests the Government, during the next review of the Labour Code, to amend sections 96, 99, 113 and 259, taking into account the principle of equality of treatment between men and women. In the meantime, it requests the Government to take steps to ensure that measures to assist workers with family responsibilities 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.

Leave entitlements. In its previous comments, the Committee requested the Government to provide information on the number of men and women who effectively take childcare leave, and on the specific measures taken or envisaged to encourage men to use their leave entitlement. The Committee notes from the KTR’s observations that, in the Republic of Khakassia, only 28 fathers exercised their entitlement to childcare leave in 2014, and that in Astrakhan Oblast, only 122 fathers did so in 2015. The Committee also notes the KTR’s allegations that a significant number of cases have arisen where benefits are not paid by the employer to the employee, forcing them to appeal to court through a time-consuming process which is not always successful. In response, the Government indicates that, in such cases, employees have the opportunity to appeal to a court and once a court decision confirms that non-payment of benefits has occurred, a bankruptcy procedure is started against the employer. Noting the absence of information provided by the Government in this regard, the Committee once again requests the Government to indicate the specific measures taken to encourage men to exercise their right to childcare leave, through for example, programmes and awareness-raising campaigns encouraging men and women to share family responsibilities equally or incentives to reduce the stigma involved with men taking time off for family reasons. The Committee also requests the Government to provide information regarding appeal processes, including the number of appeals instituted and the length of time taken in such processes, including any evidence of its impact. It also once again requests the Government to clarify whether non-citizens are entitled to benefits during childcare leave periods.

Article 5. Childcare and family care services and facilities. The Government indicates that, between 2013 and 2015, several regional action campaigns had been launched; their objective was to provide access to pre-school facilities and other institutions providing services for the leisure and development of young children. The Government further indicates that, as a result of these campaigns, the availability of pre-school education for children aged from 3 to 7 years reached 99.23 per cent in 2016, compared to 75.5 per cent in 2013. The number of women granted leave to care for children under 3 years of age and who received vocational or supplementary vocational training in 2015 was 17,800 (a 35.9 per cent increase from 2013). However, the Committee notes from the KTR’s observations that, for the past several years, parents of children under 3 years of age have encountered difficulties in enrolling their children in pre school facilities, making it difficult for women to return to work. The KTR suggests this might be due to the Government’s attempt to end the shortage of places in pre-school institutions for children over the age of 3. The Committee requests the Government to continue to provide detailed statistical information on the availability of childcare services and facilities, including for children under the age of 3, in order to allow the Committee to assess the progress made over time in ensuring sufficient coverage. It also requests the Government to continue to provide information on the number and nature of services and facilities that exist to assist men and women workers with family responsibilities regarding other dependent members of their family.

Article 6. Information and education. The Committee previously requested the Government to indicate the measures taken to promote information and education on the principle of equality of opportunity and treatment between men and women workers, including in particular measures taken to encourage a better sharing of family responsibilities. The Committee notes the Government’s indication that to fulfil Presidential Decree No. 606 of 7 May 2012 and Order No. 64 of 18 February 2013, the Ministry of Labour has worked with the executive bodies of the subjects of the Russian Federation to coordinate the development and implementation of measures to establish conditions enabling women to combine childcare obligations with employment. The Government further indicates that, between 2013 and 2015, a campaign was run in the mass media to raise public awareness in this regard. While taking due note of this information, the Committee requests the Government to indicate the concrete measures taken in the framework of Presidential Decree No. 606 of 7 May 2012 and Order No. 64 of 18 February 2013 to promote information and education on the principle of equality of opportunity and treatment for men and women workers with family responsibilities. It further requests the Government to indicate the results achieved in this regard, including in particular, the impact of the measures taken to encourage a better sharing of family responsibilities between men and women.

Article 7. Integration in the labour market. The Government indicates that following the adoption of the Presidential Decree No. 606 of 7 May 2012, it has adopted measures to establish conditions in which women can combine their childcare obligations with employment, and to arrange vocational training or retraining for women who were granted leave to care for children aged up to 3 years. The Committee requests the Government to provide more detailed information on those specific measures and on how they have assisted workers with family responsibilities to become and remain integrated in the labour force.

Articles 9 and 11. Collective agreements. In its previous comments, the Committee requested the Government to provide information on how collective agreements addressed the rights and needs of both men and women workers with family responsibilities. The Committee notes with interest the 2018–20 tripartite General Agreement concluded between all the trade union associations, all the employers’ associations and the Government in which the parties recognized the necessity to expand job opportunities for, among others, women with young children (section III of the General Agreement), and undertook to take measures and formulate programmes to specifically support women with children and persons with family responsibilities (section IV). The Committee requests the Government to provide detailed information on the measures and programmes formulated in application of this tripartite General Agreement, with regards to workers with family responsibilities.