Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 7 of the Convention. Special weekly rest schemes. The Committee notes that section 111(3) of the Labour Code provides that, in establishments where it is impossible to suspend work for reasons connected with production or on technical or organizational grounds, each group of employees shall have a different weekly rest day, in accordance with the internal regulations of the establishment concerned. The Committee draws the Government’s attention to the fact that Article 7(4) of the Convention provides that any measures relating to the application of special weekly rest schemes, such as weekly rest on a rota basis, must be taken in consultation with the representative employers’ and workers’ organizations concerned. In view of the fact that section 111(3) of the Labour Code only refers to the internal regulations of the establishment, the Committee requests the Government to supply further information on the steps taken to ensure the holding of consultations prescribed by the Convention.

Article 8, paragraph 1. Temporary exemptions. The Committee notes that section 113 of the Labour Code, which sets forth the circumstances in which it is permitted to employ workers during their weekly rest day, was amended in 2006 and 2008. However, it notes that this section still provides for the possibility for employees to work during their weekly rest day if they give their agreement in writing and if the trade union concerned has been consulted. The Committee emphasizes the importance of weekly rest for the protection of workers’ health and recalls that temporary exemptions in relation to normal rules may only be established in cases of accident, force majeure or urgent work, in the event of abnormal pressure of work, or in order to prevent the loss of perishable goods. The Committee requests the Government to take the necessary steps to limit the possibility of employing workers during their weekly rest day to the abovementioned cases.

Article 8, paragraph 3. Compensatory rest. The Committee notes that section 153 of the Labour Code provides for double pay for work done on a weekly rest day. It notes that workers may be given an additional rest day if they so wish but, if so, work done on the weekly rest day is paid at the normal rate and the rest day granted is unpaid. The Committee recalls that Article 8(3) of the Convention provides that compensatory rest of at least 24 consecutive hours shall be granted in any case when temporary exemptions apply, regardless of whether wages are paid at a higher rate. The Committee therefore requests the Government to amend this provision of the Labour Code in order to bring it into conformity with the Convention on this point.

Part V of the report form. Application in practice. The Committee notes the information in the Government’s report to the effect that, during the first half of 2009, the labour inspection services carried out 6,130 inspections, during which 24,203 violations of the regulations concerning hours of work were reported. The Committee requests the Government to continue to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts from reports of the inspection services and, if possible, information on the number and nature of reported infringements of the legal provisions relating to weekly rest and any corrective measures taken in this regard.

Finally, the Committee requests the Government to transmit a copy of Regulation No. 16 of 25 June 1999 concerning hours of work and periods of rest for drivers and of Regulation No. 58 of 17 November 1997 concerning hours of work and periods of rest in communication enterprises, to which it refers in its report.