Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes with interest that the amendments of 30 June 2006 to the Labour Code included age as a new prohibited ground of discrimination in section 64 which prohibits “direct and indirect limitations whatsoever of rights or establishment of direct or indirect preferences when concluding a labour contract”. In addition, the ground of family status was added to the list of grounds mentioned in section 3 (“Prohibition of discrimination in the sphere of labour”). The Committee requests the Government to indicate whether these additional grounds have been determined in consultation with workers’ and employers’ organizations, in accordance with Article 1(1)(b) of the Convention. It also asks the Government to continue to provide information on the measures taken to eliminate discrimination in employment and occupation based on age and family status.

2. Enforcement. The Committee recalls that under section 3 of the Labour Code persons considering themselves to be discriminated against in the sphere of labour previously had a choice to petition the labour inspectorate or to bring a court case. However, section 3 as amended on 30 June 2006, no longer provides for the possibility to petition the labour inspectorate. The Committee requests the Government to indicate the reasons for no longer allowing petitions to the labour inspectorate in relation to section 3, and the practical consequences for workers wanting to bring discrimination claims. Please also provide information on any other measures taken by the labour inspectorate to address workplace discrimination, as well as on any cases concerning discrimination in employment and occupation brought before the courts (number, facts, rulings, remedies provided and sanctions imposed).

3. Articles 2 and 3. Equality of opportunity and treatment of ethnic minorities and indigenous peoples. The Committee recalls that the national policy to promote equality of opportunity and treatment in employment and occupation to be adopted and implemented under Articles 2 and 3 of the Convention should address all forms of discrimination covered by the Convention. The Committee notes that the Government, despite repeated requests by the Committee, has not yet provided information on practical measures taken to promote and ensure equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. The Committee, therefore, requests the Government once again to provide such information in its next report. In this regard, please indicate the position in the labour market of the different ethnic minorities and indigenous peoples, including the measures taken to strengthen their access to training and employment.

4. Article 5. Special measures of protection. The Committee notes that section 253 of the Labour Code, as amended on 30 June 2006, provides that “the use of labour of women in arduous work and work in harmful and/or dangerous conditions, and also in underground work, except for non-physical work or work with regard to sanitary and domestic servicing, shall be limited”. The Committee also notes that resolution No. 162, adopted by the Government on 25 February 2000 which contains the list of industries, occupations and work from which women are excluded, in accordance with section 253 of the Labour Code, appears to remain in force. According to the report, the resolution excludes women from 456 occupations in 38 sectors of industry. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society violate the principle of equality of opportunity and treatment. The Committee also notes that protective measures should be limited to protecting the reproductive capacity of women, and should be proportional to the nature and scope of the protection needed. Recalling its repeated requests in this regard, the Committee once again requests the Government to supply a copy of resolution No. 162, in order to allow the Committee to examine this matter further. In addition, the Committee requests the Government to ensure that protective measures are limited to protecting the reproductive capacity of women and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed. Please indicate in this context whether any steps are being taken to review the list established in resolution No. 162.

The Committee is raising other matters in a request addressed directly to the Government.