Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - Fédération de Russie (Ratification: 1967)

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.