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Labour Code of the Russian Federation No. 197-FZ of December 30, 2001 - Russian Federation
The Labour Code seeks to apply the various ILO Conventions to women employed in industrial undertakings and in non-industrial and agriculture occupations, including women wage earners working at home.
The term "industrial undertaking" comprises public and private undertakings and any branch thereof and includes particularly:
- mines, quarries, and other works for the extraction of minerals from the earth;
- undertakings in which articles are manufactured, including undertakings engaged in shipbuilding, or in the generation, transformation or transmission of electricity or motive power of any kind;
- undertakings engaged in building and civil engineering work, including constructional, repair, maintenance, alteration and demolition work;
- undertakings engaged in the transport of passengers or goods by road, rail, sea, inland waterway or air, including the handling of goods at docks, quays, wharves, warehouses or airports.
The term "non-industrial occupations" includes all occupations that are carried on in or in connection with specified undertakings or services, whether public or private, including domestic work for wages in private households.
The term "agricultural occupations" includes all occupations carried on in agricultural undertakings, including plantations and large-scale industrialised agricultural undertakings.
The provisions of the Labour Code relevant to gender equality at work may be summarised as follows:
- Article 2 sets out the fundamentals of labour legislation and states that from the generally accepted principles and norms of international law and pursuant to the Constitution Federation, the main principles of the legal regulation of labour relations include prohibition of discrimination in the labour sphere; ensuring the rights of each employee to fair working conditions, including working conditions meeting the requirements of safety and hygiene; equality of rights and opportunities of employees; and ensuring the right of employees to protect their dignity in the period of their work.
- Article 3 insures the prohibition of "discrimination in the labour sphere" and that everyone has equal opportunities to implement their labour rights, including resort to court to restore the violated rights, reimburse material damage and compensate for moral damage.
- Article 93 deals with part-time work for expecting mothers and requires the employer to reduce the working day at the request of the expecting mother. This arrangement does not reduce the length of the main annual paid leave or effect the calculation of the length of service and other labour rights of the employee.
- Article 96 prohibits night work by expecting mothers (from 10 pm to 6 am). Women with children of up to three years of age may perform night work but only with their written consent. In these cases, they must be notified in writing of their right to refuse the night work. Under article 99 expecting mothers may not perform overtime work at the employer's initiative. Article 259 prohibits to sending pregnant women on business travel or assigning them to work overtime or at night, on weekends, or on non-working holidays unless written consent and on the condition that it not be prohibited by any medical restrictions.
- Under article 112 International Women's Day (March 8) is a public holiday on which it is prohibited to work.
- Article 255 provides paid maternity leave of 70 calendar days (84 in the case of multiple pregnancies) before childbirth and 70 calendar days (86 in the case of labour complications and 110 in the case of multiple births) after childbirth. Maternity benefits are paid during maternity leave from state social insurance in amounts established under social security law. Article 257 provides adoption leave, after adopting a child up to three months of age, for a period beginning from the date of adoption and up to 70 calendar days after the birth of the adopted child (in the case of an adoption of two or more children, 110 calendar days from their birth). Under Article 260 annual paid vacation time must be granted upon request before maternity leave or immediately thereafter, or after a period of leave taken to care for a child.
- Article 262 provides additional paid leave for persons providing care for disabled children and persons disabled since childhood. Article 263 provides additional unpaid leave for persons providing care for children under the age of fourteen, workers with a disabled child under eighteen and single mothers raising a child under fourteen. Women working in rural areas may, upon their written request, be granted one additional unpaid day off per month.
- Under article 256, child rearing leave may be granted to women for their children until the child reaches the age of three years. Federal law specifies the procedure and terms of social payments during the leave. Child rearing leave may also be granted in full or partially to the child's father, grandmother, grandfather, other relatives or person actually nursing the child. There is also special provision for part time or home based work with reservation of the right for social payments during the child rearing leave. During child rearing leave, the employees retain their position of employment. Child rearing leave does not affect continuity of employment and is included in calculating the total and uninterrupted period of employment (excluding for the purpose of privileged pension estimation).
- Generally employees must complete six months continuous work before being entitled to paid leave. However, under article 122 paid leave must be provided before the expiration of six months of continuous work if it concerns maternity or adoption leave. Note also that under article 123, the husband must also be given his annual paid leave on request during his wife's maternity leave, regardless of his period of his continuous work. Article 264 also states that the guarantees and benefits for persons raising children are extended to fathers raising children without a mother, and also to guardians and foster parents of minor children.
- Article 253 prohibits women from performing jobs involving manual lifting and moving of heavy objects in excess of the allowable limits for women. In order to provide healthy and safe labour conditions, approved norms have been established for maximum admissible loads for women when they move or lift weights by hand. These norms apply to women working in all enterprises, institutions and other organisations of any administrative or legal kind.
- Article 254 requires the transfer of pregnant women and women with children under 18 months to other jobs if necessary to prevent the effects of workplace hazards, while retaining the woman's average wage from her former position.
- Article 258 provides for nursing breaks for working women with children under 18 months. Nursing breaks are included in work time and payable at the average wage level.
- Article 261 guarantees the non-cancellation of the labour contracts of pregnant women and women with children. If a fixed-term labour contract expires during a woman's pregnancy the employer is required upon her request to extend the contract term to the time she becomes eligible for maternity leave.
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