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

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)), 47 (40-hour week), 106 (weekly rest (commerce and offices)) and 132 (annual holidays with pay) together.

Weekly rest

Articles 4 and 5 of Convention No. 14 and Article 8 of Convention No. 106. Special weekly rest schemes – Temporary exemptions – Compensatory rest. Further to its previous comments on sections 113 and 153 of the Labour Code allowing work to be performed on a weekly rest day in a wide range of circumstances without compensatory rest, the Committee notes that the Government’s report does not contain any relevant information on this issue. The Committee requests the Government to take the necessary measures to ensure that work on a weekly rest day is authorized only in limited and well-defined circumstances and that employees who may be required to perform work during their weekly rest day, either regularly or temporarily, enjoy a compensatory rest of a total duration of at least 24 hours, irrespective of any monetary compensation, as required by these Articles of the Conventions.

Hours of work

Article 1 of Convention No. 47. Forty-hour week. In its previous comments, the Committee had noted that: (i) under section 99 of the Labour Code, overtime is allowed not only in the listed temporary and exceptional circumstances, but also in other non-specified situations with the employee’s written consent; and (ii) section 104 of the Labour Code allows for the averaging of working hours with a reference period of up to one year. The Committee notes that in its report the Government indicates that overtime is not a systematic practice, but it may occur occasionally in certain cases. The Committee observes that the above-mentioned provisions, which authorize additional hours in unprecise circumstances, as well as the calculation of hours of work as an average over a reference period of up to one year without stipulating absolute weekly limits in a concrete week, could possibly lead to unreasonably long working hours, in direct contradiction to the principle of progressive reduction of hours of work. In this respect, the Committee recalls that too many exceptions to normal hours of work can result in highly variable working hours over long periods, long working days and the absence of compensation (2018 General Survey on working-time instruments, paragraph 68). The Committee requests the Government to take the necessary measures to ensure that the principle of a 40-hour week provided for by the Convention is fully applied both in law and in practice.

Annual leave with pay

Article 4 of Convention No. 132. Proportionate leave. The Committee notes that in response to its previous comments, the Government indicates that sections 291 and 295 of the Labour Code allow proportionate leave at a rate of two working days per month of work for employees with contracts of up to two months and for those engaged in seasonal work. The Committee however observes that the labour legislation does not provide for the possibility of granting annual paid leave in proportion to the time worked by other employees whose length of service in the first year of employment is less than six months. The Committee recalls that according to Article 4 of the Convention, workers whose length of service in any year is less than that required for the full holidays with pay entitlement shall be entitled in respect of that year to a holiday with pay proportionate to their length of service during that year. The Committee requests the Government to take the necessary measures to bring the legislation into conformity with this Article of the Convention.

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

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.

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

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.

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

The Committee notes with regret 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 7, paragraph 1, and Article 8, paragraph 1, of the Convention. The Committee notes that, according to section 113, paragraph 4, of the 2001 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. It recalls that permanent special weekly rest schemes under Article 7 of the Convention 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 of the Convention, 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 keep the Office informed 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 understands 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. However, 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.

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

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.