Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in reply to its previous comments, including the attachments. It also notes with interest the promulgation of the Regulations implementing the Organic Labour Law, published in the Official Gazette No. 5.292 (special issue), on 25 January 1999.

1. Article 3 of the Convention. The Committee notes that the said Regulation, section 123, Preferential recruitment, Chapter IX of the Protection of Motherhood and the Family, First Section, General Provisions, states that "anyone wishing to obtain employment and who has family responsibilities must, all things being equal, be preferred by the employer under the terms of section 29 of the Organic Labour Law". The Committee notes with interest that the text of the section cited refers to workers with family responsibilities, in contrast to section 29 of the Organic Labour Law, which provides for preference to be given to heads of household, regardless of sex. The Committee wishes to know whether it is planned to amend section 29 of the Organic Labour Law, since its literal application could result in discrimination against working women with family responsibilities who are not heads of household. The Committee recalls that the purpose of the Convention is to ensure that the family responsibilities of workers, be they women or men, do not become grounds for discrimination or generate new forms of discrimination, for example, in regard to workers with family responsibilities who are not heads of household or to workers who do not have family responsibilities. Please provide detailed information on the practical application of the two articles cited.

2. Article 4(b). The Committee notes that section 7 of Decree No. 2.944 indicates that the system provides financial benefits for temporary incapacity, maternity and adoption and that it is for the Ministry of Labour and Social Security, as the governing body of the Integrated Social Security System, to decide on the amount of these benefits. The Committee again asks the Government to supply information on the other measures adopted in respect of conditions of employment and social security in order to give effect to this provision of the Convention. For example, the Committee wishes to know to what extent measures have been adopted for the purpose of giving effect to section 23, 1 and 2, of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which covers leave of absence in the case of the illness of a dependent child, or of another member of the worker's immediate family who needs that worker's care or support.

3. Article 5. Observing that section 123 of the Regulation provides that employers referred to in section 391 of the Organic Labour Law shall ensure that those workers who receive a monthly remuneration in cash which does not exceed the equivalent of five minimum salaries and who have children up to the age of 5, shall be provided with child-minding services during the working day, the Committee requests information on the practical application of this measure, such as the percentage of workers who can benefit from this service or the proportion of children cared for under the Regulation, and the difficulties encountered in covering the percentage who do not receive this service. Furthermore, the Committee would appreciate receiving information on the childcare services available for workers with family responsibilities having children older than 5 years old.

4. Articles 6 and 7. The Committee has noted the Act establishing the INCE (Instituto Nacional de Cooperacíon Educativa) and the attached material on training provided by that body. Nevertheless, the Committee has been unable to verify from the material available the existence of provisions or projects designed to provide better public understanding of the principle of equality of opportunity and treatment between men and women workers and the problems of workers with family responsibilities. Please provide information on the provisions, programmes or projects undertaken to give effect to Article 6 of the Convention, taking into account paragraphs 90 to 95 of the 1993 General Survey on workers with family responsibilities.