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

The Committee notes the explanations provided by the Government concerning the application of Articles 6 (sickness benefits), 10 (voluntary transfer from full-time to part-time work) and 11 (consultations and collective agreements) of the Convention.

Article 7(a) of the Convention. Nursing breaks. While noting the Government’s explanations concerning motherhood protection in general, as regulated by the Parental Care and Family Benefits Act (Official Gazette No. 110 (2006)), the Committee observes that there seems to exist no express provision guaranteeing to part-time female workers the right to a breastfeeding break during working time. It considers, in this connection, that if section 193 of the Employment Relationships Act on breastfeeding breaks is to be read in conjunction with section 64(3), which provides that part-time workers exercise the rights and obligations arising from their employment relationship proportionally to the time for which the employment relationship is concluded, then the one-hour breastfeeding break normally granted to full-time workers would risk being reduced to an unreasonably short period of time, for instance, in the case of a nursing mother working at 25 or 30 per cent of a full-time job. The Committee therefore requests the Government to specify how it is ensured both in law and in practice that nursing mothers working part-time are entitled to a breastfeeding break during their working time in conditions equivalent to those of comparable full-time workers.

Article 9, paragraph 2(c). Measures facilitating access to part-time work. The Committee notes the Government’s reference to various measures provided for in the Employment and Unemployment Insurance Act, including subsidies to create both full-time and part-time jobs and the reimbursement of employers’ contributions to the unemployment insurance fund when an employer employs certain types of unemployed persons. It would appreciate if the Government would give an indication as to the results obtained in practice, especially in terms of new part-time work positions for workers with special needs and preferences, such as the unemployed, workers with family responsibilities, older workers, workers with disabilities and workers undergoing education or training.

Part V of the report form. Application in practice. The Committee notes the detailed account on the labour inspection results for the period 2003–08 which indicate a general increase of part-time employment contracts, sometimes linked to abusive practices such as long uncounted overtime hours. The Committee would be grateful if the Government would continue to provide up to date information concerning the practical application of the Convention including, for instance, the number of workers covered by the relevant legislation, if possible broken down by gender and age; extracts from labour inspection reports containing the number and nature of infringements observed and the penalties imposed; recent surveys or studies concerning trends in part-time work; copies of collective agreements containing clauses on part-time work; as well as any other particulars pertaining to the implementation of the requirements set forth in the Convention.