Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 140) sur le congé-éducation payé, 1974 - Fédération de Russie (Ratification: 2014)

Articles 1, 2 and 3 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee welcomes the information provided in the Government’s first report. The Government indicates that employees who study at state-accredited schools have the right to paid or unpaid educational leave, as detailed in Chapter 26 of the Labour Code of the Russian Federation (the Labour Code). The Government indicates that the amount of compensation provided by the employer and the duration of the leave vary in accordance with the level of education received and the form of study (daytime school or evening school) being pursued by the employee. The Committee notes that the Labour Code distinguishes between four levels of education: higher professional education programmes for bachelors, specialist, masters and other special types of postgraduate degrees including doctoral degrees; intermediate level of professional education; primary level of professional education; and evening (shift) study in general educational institutions. The Committee also notes that the highest level of benefits corresponds to higher professional education and that the benefits decrease as the level of education sought decreases, as provided in detail in the Labour Code. While the Government provides a description of the categories of paid educational leave set out in the Labour Code, it does not indicate the manner in which the granting of paid educational leave contributes to the promotion of the objectives set out in Articles 2 and 3 of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged as part of the national policy to promote the granting of paid educational leave for the purposes specified in Articles 2 and 3. The Committee also requests the Government to provide information on the manner in which the granting of paid educational leave contributes to the objectives set out in Article 3.

Articles 4 and 10. Granting of paid educational leave. The Government does not specify whether the provisions on paid educational leave form part of or are coordinated with a wider policy concerning employment, education and training, as well as with policies concerning hours of work. The Labour Code establishes general conditions of eligibility for paid educational leave. Article 177 of the Code provides that paid educational leave is granted to employees who do not already have a degree at the relevant level (first-time students), to enable them to pursue studies in a state-accredited institution, and only for the first degree. The Committee notes that although the Labour Code describes the procedure of application to be followed by the employee in order to be provided educational leave, it does not describe the eligibility criteria. Furthermore, the Committee notes that, in several instances, the Labour Code requires the worker to be “successfully studying” in the accredited institution in order to be provided with the financial entitlement; however, the Code does not clarify the meaning of “successfully studying” nor does it clarify the consequences if the worker fails to complete the course of study. The Committee requests the Government to indicate the measures taken or envisaged for the coordination of the national policy on paid educational leave with general policies on employment, education and training, and hours of work. The Committee also requests the Government to explain the manner in which the requirement that the worker be “successfully studying” is applied. The Committee requests the Government to indicate the terms on which paid educational leave is granted for vocational training, general, social and civic education, and trade union education, with an indication in each case of the conditions to be fulfilled by workers in order to be granted such leave.

Article 6. Association of governmental institutions, other bodies and the social partners. The Committee requests the Government to indicate the measures taken or envisaged to associate public authorities, employers’ and workers’ organizations, and institutions or bodies providing education or training with the formulation and application of the policy for the promotion of paid educational leave.

Article 9. Particular categories of workers. The Government indicates that the guarantees and compensations for persons combining work with study are applicable to all categories of workers. The report does not indicate whether special provisions concerning paid educational leave exist with regard to specific categories of workers who find it difficult to fit into general arrangements. The Committee requests the Government to indicate whether any special provisions have been established for particular categories of workers (such as workers in small undertakings, rural or other workers residing in isolated areas, shift workers or workers with family responsibilities), or for workers in particular categories of undertakings (such as small or seasonal undertakings) who find it difficult to fit into general arrangements.

Article 11. Assimilation to a period of effective service. The Committee requests the Government to indicate the measures taken to assimilate the period of paid educational leave to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relationship.

Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including any extracts of reports, studies or inquiries relating to the practical application of the Convention.