Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Maternity Protection Convention (Revised), 1952 (No. 103) - Russian Federation (Ratification: 1956)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraphs 2 and 3, of the Convention. The Committee notes that section 255 of the new Labour Code provides that employees are entitled, upon request and the production of a medical certificate, to maternity leave of 70 calendar days (84 days in cases of multiple pregnancies) before confinement and 70 calendar days (86 days in cases of difficult confinements and 110 days in cases of the birth of two or more children) following confinement. This section also provides that the maternity leave shall be considered as a whole and accorded in its totality to the woman worker irrespective of the number of days actually taken before the date of confinement (section 255(2)). The Committee would be grateful if the Government would indicate whether, and under which provisions, the national legislation guarantees, in accordance with this provision of the Convention, a period of compulsory leave after confinement of at least six weeks during which it is prohibited to employ women who have just given birth.

Article 4, paragraphs 1 and 3. The Committee notes the information provided by the Government in its report with regard to the development of national programmes to improve access to care for women during pregnancy, confinement and the postnatal period, as well as in respect of their children. The Committee also notes Decision of the Duma No. 4442-II of 22 October 1999 respecting urgent measures to improve the health of women and children in the Russian Federation, according to which the Government’s policy for the protection of the health of women and children was deemed ineffective and failing to contribute to reducing maternal and infant mortality; this Decision also noted that women and children are required to share in the cost of the medical care provided by public and municipal medical establishments, in violation of the existing legislation. The Committee requests the Government to provide information in its next report on the progress achieved and the results obtained in practice through the above national programmes in guaranteeing in practice access to medical care free of charge during the prenatal period, during and after confinement for all women workers covered by the Convention, in accordance with this provision of the Convention.

Article 4, paragraph 6. The Committee notes that, under the terms of section 255 of the Labour Code, the level of maternity benefit shall be determined by laws or regulations. However, it understands that such legislation has not yet been adopted, as the examination of a Federal Bill, regulating compulsory social insurance for temporary incapacity, maternity and survivors’ benefits, has been postponed. The Committee notes that, in the meantime, section 7 of Act No. 81 of 19 May 1995 respecting benefits for persons with children provides that benefits shall be paid throughout the duration of maternity leave to all women covered by compulsory social insurance. For women workers, the amount of the above benefit is equivalent to 100 per cent of the previous average wage, within the ceiling of twice the “standard monthly wage” for the position occupied by the worker (section 8 of Act No. 81 of 1995 and section 67 of the Decision of the former Central Council of Trade Unions No. 13-6 of 12 November 1984, as amended in 1999). The Committee also notes that, since the entry into force of Act No. 17-FZ of 11 February 2002, a maximum amount has been established for cash benefits of 11,700 roubles a month, or equivalent to six times the subsistence wage set for the second quarter of 2002, or 2.5 times the amount of the nominal average wage paid in July 2002. The Committee would be grateful if the Government would provide more detailed information on the rules applicable to the calculation of maternity cash benefits. It also requests the Government to indicate whether the new definition of wages set out in the new Labour Code is now applicable to the calculation of maternity benefits. The Committee would finally be grateful to be kept informed of any progress achieved in the adoption of the above Federal Bill or any other federal legislation regulating compulsory social insurance for the maternity and medical care branches.

Article 6. With reference to its previous comments concerning the Government’s statement that there are an increasing number of cases of violations of the rights of women employees during pregnancy, their maternity leave or parental leave, the Committee notes the information provided by the Government concerning the application in practice of the prohibition to dismiss women workers during pregnancy or maternity leave. The Committee notes in particular that the labour inspection services reported some 261 cases in 2001 of the dismissal of women who were pregnant or had young children and in which action was taken to reinstate these employees in their rights. The Committee would be grateful if the Government would indicate in its next report the measures taken or envisaged to reinforce the action of the labour inspection services, both with regard to prevention and sanctions, so as to secure better compliance with the rights afforded by the Convention to women workers during maternity leave, and particularly the right to the protection of their employment. It would also be grateful if the Government would continue providing information in the future on the implementation in practice of this provision of the Convention, and particularly statistics on the number of inspections carried out, the contraventions reported and the number and nature of the sanctions imposed.