Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 8 of the Convention. Special weekly rest schemes – Temporary exemptions – Compensatory rest. The Committee recalls its previous comment in which it drew the Government’s attention to section 113 of the Labour Code, which permits work to be performed on a weekly rest day not only in the exceptional cases provided for in the Convention (for example accident, abnormal pressure of work) but also in other undefined cases provided that the worker concerned consents in writing and the trade union concerned is consulted. In addition, the Committee observed that section 153 of the Labour Code, which provides that workers required to work on a weekly rest day are entitled to double pay and that they may be granted, if they so wish, a compensatory rest day without pay, is not consistent with the requirements of Article 8(3) of the Convention. As the Government’s report provides no new information on these points, the Committee is obliged to recall that the Convention seeks to ensure that work on a weekly rest day should be authorized only in limited and well-defined cases, and also that employees who may be required to perform work during their weekly rest day, either regularly or temporarily, must receive compensatory rest of a total duration of at least 24 hours (irrespective of any monetary compensation) considering that a minimum period of weekly rest is essential for the workers’ health and well-being. The Committee understands that the Labour Code of 2001 has been amended by several Acts up to May 2013. The Committee therefore requests the Government to indicate whether sections 113 and 153 of the Labour Code have been modified, and if not, to take appropriate steps so that the provisions of the Labour Code are fully aligned with the requirements of Article 8(1) and (3) of the Convention.