Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the copy of an earlier report which had not been received.

1. Article 3 of the Convention. The Committee notes the Government's reply in which it refers to the special employment programmes established under the Employment Promotion Decree (Legislative Decree No. 728, of November 1991) and its Regulations (Presidential Decree No. 004-93-TR, of April 1993). It notes that section 131(a) of Decree No. 728 refers only to "women with family responsibilities without limit of age". In the absence of detailed information concerning the manner in which the above programmes take into account the family responsibilities of their beneficiaries, the Committee requested the Government to indicate the measures envisaged to enable workers with family responsibilities who benefit from the provisions of Decree No. 728 to do so without conflict between their family responsibilities and their employment.

Since no reply has been received in this respect, the Committee once again requests the Government to supply the information requested in the second and third paragraphs of point 1 of its previous direct request, which read as follows:

The Committee once again draws the Government's attention to the obligation imposed under Article 3 on each member State to make it an aim of national policy to enable workers with family responsibilities to engage in employment without being subject to discrimination. While the adoption of a national policy to assist workers with family responsibilities is to be formulated within the context of a policy of equality of opportunity and treatment for men and women workers, the measures required under Article 3 are more specific.

The Committee hopes that the next report will indicate the measures taken or envisaged to adopt the national policy called for in Article 3 of the Convention.

2. Article 4. With reference to the collective agreements referred to by the Government in its previous reports as an additional source of legal measures to establish and take into account special protective measures for workers with family responsibilities in relation to access to employment, conditions of employment and social security, the Committee notes the information supplied in the Government's report concerning the amendments to the legislation which have eliminated the need for collective agreements to be approved administratively. With reference to the Government's statement that these agreements are binding, the Committee requests the Government to furnish the copies previously sought, perhaps through the assistance of employers' and workers' organizations.

3. Article 5. The Committee notes the information supplied by the Government concerning the lack of resources available to compile statistics on the numbers of nurseries in the public sector and the progressive closing down of these facilities due to the lack of budget allocations. It also notes the launching of the "community educational homes" project by the Development Institute (INIDE), with the objective of caring for and bringing up a group of six children in the home of one of their mothers under the direction of a responsible person. In this respect, the Committee requests the Government to supply detailed information in its next report on the scope, activities and extent to which needs are covered by the project (including the ages of the children and whether they are operated by the public or private sectors).

With regard to the assistance provided to the children of workers in the private sector, the Committee requests the Government to supply detailed information on the operation of nurseries established under section 20 of Act No. 2851 and section 26 of its Regulations, in which care must be provided for the children of "women workers" (excluding the children of male workers) until they reach the age of 1 year. The Committee notes the Government's statement that the needs of workers with family responsibilities are taken into account when planning community assistance services. The Committee once again requests detailed information on the manner in which the needs of workers with family responsibilities are taken into account when planning community assistance services.

4. In view of the absence of a reply in this respect, the Committee once again requests the Government to supply the detailed information referred to in the following paragraphs of its direct request of 1993, which read as follows:

Article 6. The Committee notes that no information has been provided on the application of this Article. It again stresses the importance of taking appropriate measures to promote information and education to foster a better understanding of the principles of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities. The Committee also hopes that the Government will be able to indicate the measures taken in this regard in its next report.

Article 7. In its previous report, the Government indicated that it intended to bring the Convention to the attention of the authorities responsible for planning, vocational training and employment, so that they could take it into account in restructuring their activities. The Committee notes that no information is provided on the progress achieved in this respect. It therefore reiterates the hope that the Government will, in its next report, be able to indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 8. The Committee requests the Government to provide information on any legislative provisions, collective agreements or court decisions ensuring that family responsibilities cannot constitute a basis for the dismissal of workers.

Article 11. The Committee once again requests the Government to supply information on the manner in which employers' and workers' organizations participate in the application of the provisions of the Convention.

Part V of the report form. The Committee requests the Government to continue to supply the statistical information called for under this point in the report form.