Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Russian Federation (Ratification: 1967)

The Committee notes the Labour Code of 31 December 2001.

Article 7, paragraph 1, and Article 8, paragraph 1, of the Convention. According to section 113, paragraph 4, of the Labour Code, employees can be involved in work on days off with their written consent, and considering the opinion of the elected trade union body of the given organization. The Committee recalls that permanent special weekly rest schemes under Article 7 are only permissible in exceptional circumstances and concerning specified categories of persons or specified types of establishments. Section 113, paragraph 4, of the Labour Code does not contain any such restrictions and thus appears not to be in compliance with Article 7.

Furthermore, temporary exemptions under Article 8, are only allowed under three enumerated conditions, namely: (a) in case of accident, force majeure or urgent work to premises and equipment; (b) in the event of abnormal pressure of work due to special circumstances; and (c) in order to prevent the loss of perishable goods. Section 113, paragraph 4, of the Labour Code does not contain any such restrictions and thus appears not to be in line with this provision of the Convention.

The Committee therefore requests the Government to ensure that section 113 of the Labour Code complies with these provisions of the Convention, and to inform the Committee of all steps envisaged or taken to this end.

Moreover, section 113, paragraph 5, of the Labour Code stipulates that invalids and women having children under 3 years of age should be acquainted with their right to refuse to work on days off in written form. From the wording of this provision of the Labour Code, the Committee would deduct that in reverse, this implies that other employees do not have the right to refuse to work on their day off. The Government is requested to clarify this provision and to indicate whether other employees do not have the right to refuse to work on their day off.

Article 8, paragraph 3, of the Convention requires a compensatory rest period for temporary exemptions made from the weekly rest scheme. The Committee asks the Government to indicate how compliance with this provision is guaranteed, since section 113 of the Labour Code does not mention a compensatory rest period.