Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Fédération de Russie (Ratification: 1998)

The Committee notes the observations of the Confederation of Labour of Russia (KTR) received on 31 August 2021.

Article 1(2) of the Convention.Other members of the immediate family. The Committee notes that: (1) section 259(3) of the Labour Code provides that dispatching women who take care of sick relatives on business travel or assigning them to work overtime or at night, on weekends, or on public holidays shall be allowed only with their written consent; and (2) Decision No. 1 of 28 January 2014 of the Supreme Court provides a definition of “workers with family responsibilities” which includes employees responsible for other members of their family in need of prescribed care or assistance. The Committee further notes the Government’s statement, in its report, that the Federal Agency for Labour Relations and Employment (RosTrud), which is responsible for supervising employers’ compliance with labour legislation, does not provide for separate records of communications from persons with family responsibilities concerning guarantees provided for under section 259(3) of the Labour Code. The Committee therefore asks the Government to provide information on:

• (i)any measures taken to ensure that men and women workers with responsibilities benefit from the protection of the Convention, both in law and practice, in relation to other members of their immediate family who clearly need their care or support;
• (ii)any difficulties faced in practice by these workers with family responsibilities in exercising their rights; and
• (iii)any relevant judicial decision issued in that regard, in particular on the basis of section 259(3) of the Labour Code.

Article 3. Protection of workers from discrimination based on family responsibilities. The Committee notes that section 3 of the Labour Code prohibits discrimination in employment and occupation on the ground of “family status”. It also notes that, in its observations, the KTR alleges practical difficulties faced by workers with family responsibilities in enforcing their rights in case of discrimination and reiterates its concerns regarding: (1) the inadequacy of the rules regarding the burden of proof which is placed upon the victim of discrimination; and (2) the lack of significant penalties for employers who engage in discrimination. TheCommittee asks once again the Government to take the necessary steps to ensure that men and women workers with family responsibilities are adequately protected against discrimination in practice. It asks the Government to provide information on the measures taken to:

• (i)ensure clear rules regarding the burden of proof applicable in cases of discrimination, adequate compensation for victims and sufficiently dissuasive penalties for those responsible of such discrimination; and
• (ii)raise awareness on the rights of workers with family responsibilities to engage in employment without discrimination, the procedures and remedies available.

The Committee also asks the Government to provide information on the number and nature of cases of discrimination in employment and occupation based on family responsibilities (“family status”) identified by labour inspectors or dealt with by the courts, or any other competent authorities, as well as the sanctions imposed and remedies granted.

Article 4. Effective equality of treatment for men and women workers with family responsibilities. The Committee notes that, under the Labour Code, in case of night work, overtime work, work on days off and on holidays, or business trips, written consent needs to be obtained from mothers with children under the age of three, workers 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). As a result, men enjoy this protection only when they are single parent, have disabled children or are nursing a sick relative. The Committee notes with regret the repeated lack of information from the Government regarding the issue of equal treatment between men and women with family resposibilities. In this regard, it notes that, in its observations, the KTR highlights that: (1) fathers who are police officers or who are working in Internal Affairs agencies are only entitled to parental leave when children are left without maternal care - in the event of the mother’s death, withdrawal of parental authority, lengthy illness or other situations where his children have no maternal care for objective reasons (section 56(8) of Federal Law No. 342-FZ of 30 November 2011 on Service in the Internal Affairs Agencies); and (2) regarding military staff, parental leave is guaranteed only to women (section 11(13)) of Federal Law No. 76-FZ of 27 May 1998 on the Status of Military Personnel. The Committee further notes that, in the framework of the “Concept of the State Family Policy of the Russian Federation for the period up to 2025”approved by the Government Order No.1618-r, dated 25 August 2014, “affirmation of traditional values and lifestyles” is specifically identified among current priorities areas in family policies. Finally, it notes that, in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned about the persistence of patriarchal attitudes and discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society, considering women primarily as mothers and caregivers and focusing solely on traditional family values, which continue to impede progress in advancing gender equality (CEDAW/C/RUS/CO/9, 30 November 2021, paragraphs 22 and 38). The Committee asks the Government to amend sections 96, 99, 113 and 259 of the Labour Code, section 56(8) of Federal Law No. 342-FZ of 30 November 2011 and section 11(13) of Federal Law No. 76-FZ of 27 May 1998, in order to ensure that measures aimed at protecting or assisting workers with family responsibilities are available to both men and women on an equal footing. It requests the Government to provide information on any progress made in that regard, including in employers’ and workers’ organizations.

Remote and part-time work. The Committee notes the adoption of Federal Act No. 407-FZ of 8 December 2020, which entered into force on 1 January 2021, amending Chapter 49.1 of the Labour Code and regulating remote work for employees on a permanent, temporary (up to six months) or periodical basis (sections 3121 to 3129). It notes the Government’s statement that, for many enterprises, the use of new forms of work, such as flexible working hours and remote work, has become an important element of the operational strategy, which helps in reducing the level of unemployment of those who find it difficult to compete on level terms in the employment market, including women with young children. The Committee notes however that, in its observations, the KTR raised concerns regarding the practice of the National Social Insurance Fund (FSS) to remove support from parents working part-time during parental leave - in most of cases mothers - when part-time working hours are more than 60 per cent of ordinary working hours. The Committee asks the Government to:

• (i)provide statical information, disaggregated by sex, on the number of workers making use of remote work or any other flexible working time arrangements, including part-time work, in order to accommodate workers with family responsibilities, both in the private and public sectors; and
• (ii)clarify whether parents working part-time, in particular during parental leave, receive full social benefits in all cases, both in law and practice, as well as any difficulties workers with family responsibilities may have faced with the National Social Insurance Fund (FSS) in that regard.

Leave entitlements. The Committee welcomes the Government’s indication that, in 2021, a rule was adopted that will allow parents who are caring for a sick child under seven years of age to be paid 100 per cent of average earnings regardless of their existing work experience. It notes however that the Government does not provide any information on the effective use in practice of family-related leave entitlements by men and women. In that regard, it notes that, in its observations, the KTR indicates that, in 2019, men represented only 2 per cent of the total number of workers who made use of parental leave (670,000 mothers compared to 13,700 fathers). In KTR’s views, such figure may be explained by: (1) gender stereotypes regarding the role of caring for a child; as well as (2) the rules regarding the calculation of the financial support aimed at compensating the loss of earnings during parental leave. As a result, it appears to be financially more beneficial for families that women, who have lower earnings, make use of parental leave. The Committee refers in that regard to its comments made on the application of the Equal Remuneration Convention (No. 100) regarding the wide gender pay gap. In light of the persistent gender stereotypes concerning the sharing of family responsibilities, the Committee asks the Government to provide:

• (i)statistical data, disaggregated by sex, on the extent to which men and women workers make use of family-related leave entitlements, both in the public and private sectors;
• (ii)information on the proactive measures taken to encourage more men to make use of family-related leave; and
• (iii)clarifications as to whether foreign workers are entitled to benefits during childcare leave periods.

Article 5. Childcare and family care services and facilities. The Committee notes the Government’s indication that work is currently underway to ensure full availability of pre-school facilities for children from the age of 18 months. The Committee notes that, in its observations, the KTR refers to the persistent shortage of childcare places, the most pressing problem being the provision of places in pre-school facilities for children under 3 years of age. The KTR also highlights the lack of institutions providing care for relatives in need of nursing care, due to age or illness, which falls to working family members, usually women. The Committee asks the Government to provide:

• (i)information on the measures taken to continue to ensure full availability of pre-school facilities for children;
• (ii)statistical information on the development and availability of childcare services and facilities; and
• (iii)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 notes that, in its observations, the KTR highlights that (1) the Government does not seem to have prepared any public campaign or information material to address difficulties faced by workers with family responsibilities and (2) an information campaign should be carried out in order to promote responsible fatherhood and encourage more men to make use of parental leave. The Committee notes that the Government did not provide any information in that regard and recalls the obligations under Article 6 of the Convention. In light of the persistence of gender stereotypes considering women primarily as mothers and caregivers, the Committee asks once again the Government to provide specific information on the measures taken, at all levels, to:

• (i)promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities;
• (ii)raise awareness of the specific difficulties faced by these workers, including gender stereotypes; and
• (iii)encourage a better sharing of family responsibilities between men and women workers.

Article 7. Integration in the labour market. The Committee notes the Government’s information on vocational training or retraining for women who were granted leave to care for children aged up to 3 years, as well as women with children of pre-school age, who are not in an employment relationship and have applied to the employment service. The Government adds that, in 2021, such measures have been continued in the framework of the federal project on “Promoting women’s employment” under the National Project “Demography” adopted pursuant Presidential Decree No.204 of 7 May 2018 on “National Goals and Strategic Objectives of the Russian Federation until 2024”. The Committee asks the Government to continue to provide information on:

• (i)any vocational guidance and training measures adopted at federal and regional levels to ensure that men and women workers with family responsibilities can become and remain integrated into the labour force, as well as re-enter it after an absence due to family responsibilities, including in the framework of the above projects; and
• (ii)the number of workers with family responsibilities, disaggregated by sex, who have participated in such vocational guidance and training programmes, including those who have been able to find employment after such programmes.

Articles 9 and 11. Collective agreements. The Committee notes that no information was provided by the Government on the measures taken to specifically support women with children and persons with family responsibilities following the adoption of the 2018-20 tripartite General Agreement. It welcomes, however, the Government’s indication that a new tripartite General Agreement for 2021-2023 was concluded between all the trade union associations, all the employers’ associations and the Government. The Committee notes in particular that all commitments mentioned in the General Agreement for 2018-20 have been extended, in particular the development and implementation of measures to promote employment opportunities for women with minor children, including through the combination of work or study with child-raising, and the dissemination of best practices (section 3.1.2 of the Agreement). The Committee asks the Government to provide information on:

• (i)the concrete measures implemented, including in the framework of the tripartite General Agreement for 2021-2023, to promote reconciliation of work and family responsibilities and disseminate best practices; and
• (ii)any collective agreements containing provisions and any other measures whereby employers’ and workers’ organizations participate in the development and implementation of measures to give effect to the Convention.

General observation.Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on workers with family responsibilities, adopted in 2019. In this observation, the Committee recalls the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stresses the importance of the Convention in achieving this goal. The Committee calls for member States, and employers’ and workers’ organizations, to strengthen efforts towards: (i) making non-discrimination of workers with family responsibilities and the adoption of measures to facilitate the reconciliation of work and family responsibilities explicit aims of their national policy; (ii) regularly monitoring and assessing the results achieved within the framework of the national policy towards achieving the aims of the Convention with a view to adjusting the measures adopted or envisaged; (iii) launching regular public information campaigns to promote the sharing of family responsibilities and remove misconceptions around care roles; (iv) ensuring that workers with family responsibilities have effective equal opportunities and rights to enter, re-enter and remain integrated in the labour market; (v) expanding and increasing access of all workers to voluntary and protected measures of working arrangements and leave that facilitate reconciliation of work–family life; (vi) expanding measures that support the reconciliation of work and family responsibilities within social protection systems; (vii) establishing and expanding adequate quality childcare and family services at community level; (viii) promoting social dialogue, collective bargaining and other measures to strengthen, facilitate and encourage the implementation of the principles of the Convention; and (ix) enhancing the capacity of enforcement authorities, including labour inspectors, tribunals, courts, and other competent bodies, to identify, prevent and remedy cases of discrimination in employment and occupation related to family responsibilities. The Committee asks the Government to provide information on any measures taken or foreseen to apply the points referred to above.