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1. Articles 1 and 3 of the Convention. National policy regarding workers with family responsibilities. The Committee notes with interest that section 6(f), final part of Act No. 28983 (the Act on equality of opportunity for men and women) adopted on 12 March 2007, provides that “labour rights include the harmonization of family and work-related responsibilities”. The Committee welcomes this provision which, under the terms of section 6, has to be given effect in policies, plans and programmes, and thus may provide an important framework for the application of the Convention. The Committee requests the Government to keep it informed of the policies, plans and programmes adopted under this legislation, in particular pursuant to section 6(f) and on their application in practice.
2. Specific employment programmes for women workers with family responsibilities. The Committee notes the information provided by the Government, but considers that the information supplied is not sufficient to enable it to assess the manner in which the specific employment programmes benefit women with family responsibilities (without age limits), as set out in section 37(a) of Supreme Decree No. 002-97-TR. Please provide more detailed information, including statistics if any, on this matter.
3. Article 4. Terms and conditions of employment. The Committee notes the information provided by the Government and observes that it does not provide a clear indication of the types of leave available that give effect to the Convention in law. The Committee draws the Government’s attention to Paragraphs 22 and 23 of the Recommendation and paragraphs 157–172 of its General Survey on workers with family responsibilities of 1993. The Committee requests the Government to take the necessary measures to give effect to Article 4 of the Convention in relation to leave and to keep it informed of any measure adopted in this respect.
4. Article 5. Community planning and services. The Committee notes the full information provided by the Government on the Wawa wasi programme. Please provide specific information regarding the extent to which the needs of men and women workers with family responsibilities are taken into account in the planning of local and regional community services, with particular reference to the application of section 6(f) of Act No. 28983.
5. Article 6. Information and education. In its previous comments, the Committee requested information on the dissemination of the provisions of Convention No. 156 to the authorities responsible for planning, vocational training and employment so that they can be taken into account in the development of their various activities. The Committee notes that the information provided in the report does not reply to the request made by the Committee. Recalling that Article 6 establishes the obligation for governments to promote information and education which engender a broader public understanding of the principles of the Convention and the problems of workers with family responsibilities, the Committee once again requests the Government to give effect to this Article of the Convention and to provide information in its next report on the activities carried out to this end.
6. Articles 8 and 11. The Committee regrets that once again the report does not contain information relating to the requests that the Committee has been making since 1993 in relation to Articles 8 and 11 of the Convention and it urges the Government to provide the information requested. The relevant paragraphs of its previous direct request, which read as follows:
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.
1. Articles 1 and 3 of the Convention. With reference to its previous comments on the adoption of a national policy to assist workers with family responsibilities, the Committee notes with interest the information provided by the Government in its report to the effect that Congress is discussing the adoption of the Bill respecting workers with family responsibilities, the text of which was evaluated by the Ministry of Labour and Social Development in report No. 10-99-TR-OAJ-OALS, of 18 March 1999, which was attached to the report. The Committee expresses the hope that the objective of the Act will be to promote the Convention and that it will therefore include within its scope not only men and women workers with responsibilities in relation to their dependent children (Article 1, paragraph 1, of the Convention), but also men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support (Article 1, paragraph 2, of the Convention). On this subject, the Committee wishes to draw the Government's attention to the possibility of seeking the technical assistance of the Office for the preparation development of legislation and would it be grateful if the Government would keep it informed in this respect.
2. The Committee notes that the Single Consolidated Text of Legislative Decree No. 728 (the Training and Employment Promotion Act), approved by Presidential Decree No. 002-97-TR, issued on 27 March 1997, establishes in section 37(a) that special employment programmes shall principally benefit women with family responsibilities regardless of age. The Committee requests information on the regulations issued under the above section, and particularly on the manner in which it has been applied in practice and the number of women who have benefited thereunder.
3. Article 4. In its previous comments, the Committee noted that the Government could not transmit copies of collective agreements, since the requirement of administrative authorization for such agreements had been abolished and such documents were therefore in the possession of employers' and workers' organizations. The Committee nevertheless repeated its request in the hope that the Government would transmit copies of such agreements, perhaps with the assistance of employers' and workers' organizations. The Committee regrets to note that the Government repeats its previous reply and it therefore hopes that the Government will provide the fullest possible information on the application of Article 4 in relation to terms and conditions of employment and social security. It would like to be informed, for example, as to whether measures exist in the public or private sector, and whether consideration has been given to their regulation in the Bill respecting workers with family responsibilities, relating to special leaves of absence as set out in Paragraph 22 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), and Paragraph 23 of the Recommendation (leave of absence in the case of the illness of a member of the family, child or other member of the immediate family who clearly needs the worker's care or support), as well as on social security and fiscal measures. The Committee refers to paragraphs 128 to 181 of its General Survey on workers with family responsibilities, 1993.
4. Article 5. The Committee notes that the Ministry for the Promotion of Women and Human Development (PROMUDEH) has been engaged in the intensive development of the Wawa Wasi programme, which seeks to develop the so-called Cuidado Comunitario homes, which provide very poor women with family responsibilities with an opportunity to improve their access to employment by providing care for their children. It also notes that the National Family Welfare Institute (INABIF) has established day-care centres, a service provided in different areas of the community to parents with family responsibilities with children between six months and 12 years of age. The Committee requests information on the number of children for whom care is provided under these programmes and on whether they operate at the national level, or only in certain districts. The Committee also repeats its request for information on nurseries. It notes from the report that the Government is unable to provide statistical information on the progress made in the assistance provided to the children of workers through the operation of the so-called nurseries, due to the lack of resources, since the national economy has been affected by the phenomena of "El Niño" and "La Niña". The Committee hopes that the Government will provide the fullest possible statistical information in its next report on the nurseries envisaged under section 20 of Act No. 2851 and in section 26 of the regulations issued thereunder, in accordance with which care is to be provided for the children of "women workers" until the children reach the age of 1 year. Furthermore, it recalls that the Convention covers not only women workers, but all workers with family responsibilities, regardless of sex, and requests the Government to take this into account with a view to incorporating this concept into the legislation at an appropriate time.
5. Article 6. The Committee notes the conclusion in 1999 of an agreement with the United Nations Population Fund, under which a subprogramme on sexuality and reproductive health is to be designed and implemented, which will include sexual and reproductive rights, safe maternity and responsible fatherhood, self-esteem and the right to health services. The Committee requests the Government to provide information on the outcome of this project and on any other measures designed to promote broader public understanding of the principle set out in the Convention by means of information and education. Please indicate whether actions of this nature have been envisaged with the participation of employers' and workers' organizations.
6. Articles 7, 8 and 11. The Committee notes that the Government's report does not contain information in reply to the requests made by the Committee concerning Article 7, 8 and 11 of the Convention and it therefore refers to its previous direct request, which read as follows:
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 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.
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.
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.
The Committee notes 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:
The Committee takes note of the information and statistics contained in the Government's report. It would like to draw attention to the following points:
1. Article 3 of the Convention. The Committee refers to its previous comments in which it noted the constitutional and legislative provisions relating to equal opportunities, non-discrimination and the protection of the working mother. In its comments the Committee had pointed out that national legislation did not make specific reference to workers with family responsibilities and that there appeared to be no policy aiming at enabling persons with family responsibilities to exercise their right to be employed without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In its most recent report the Government provides information concerning the right to equal pay for equal work between men and women.
The Committee would again draw 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.
2. Article 4. The Government reiterates that collective agreements take into consideration the needs of workers with family responsibilities. The Committee again requests the Government to supply with its next report the text of collective agreements which provide special measures for workers with family responsibilities as regards access to employment, terms and conditions of employment or social security.
3. Article 5. The Committee notes from the Government's most recent report that child-care facilities are provided for children of workers in the public sector in order to assist such workers with their family responsibilities and that such facilities are regulated by internal resolutions of each section and by collective agreement. The Committee would be grateful if the Government would supply information, including statistics, on the extent to which the presently existing child-care facilities meet the demand for such facilities and the manner in which the cost of such facilities is borne. The Committee hopes the Government will also be able to indicate in its next report the measures taken to provide such facilities for workers in the private sector.
The Committee would be grateful if the Government would indicate in its next report whether any family services other than child care exist to assist workers in reconciling their work and family responsibilities with dependants other than children.
Further, the Committee requests the Government to indicate how account is taken of the needs of workers with family responsibilities in community planning.
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 hopes 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 had 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 dismissal in employment.
Article 11. The Government is again asked to provide 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 statistical information called for under this point in the report form.
The Committee would again draw 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. In this connection it would refer the Government to paragraphs 6 through 11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).
2. Article 4. The Government reiterates that collective agreements take into consideration the needs of workers with family responsibilities. The Committee again requests the Government to supply with its next report the text of collective agreements which provide special measures for workers with family responsibilities as regards access to employment, terms and conditions of employment or social security. In this regard, the Committee would again refer to paragraphs 17 through 23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165) which provide examples of arrangements which may enable workers with family responsibilities to reconcile their employment with their family responsibilities and paragraphs 27 to 31 which indicate the type of measures which could be taken in the area of social security.
Article 11. The Government is again asked to provide information on the manner in which employers' and workers' organisations participate in the application of the provisions of the Convention.
Point V of the report form. The Committee requests the Government to continue to supply statistical information called for under this point in the report form.
The Committee takes note of the discussions that took place in the Conference Committee in 1990. In the absence of new information provided by the Government, the Committee is obliged to reiterate the matters raised in its previous direct request, which read as follows:
Article 3 of the Convention. The Committee notes that although the national Constitution provides that "men and women enjoy equal opportunities and bear equal responsibilities", and contains several provisions relating to non-discrimination and the protection of the working mother, the national legislation does not make specific reference to workers with family responsibilities, and it appears that there is no policy aiming at enabling persons with family responsibilities to exercise their right to be employed without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. The Committee hopes that the next report will indicate the measures taken or envisaged to adopt such a policy, as called for in Article 3 of the Convention.
Article 4(b). The report states that collective agreements take into consideration the needs of workers with family responsibilities and grant them indemnities. The Committee would be grateful if the Government would supply with its next report the texts of collective agreements which provide special measures for workers with family responsibilities as regards conditions of employment and social security. In this regard, the Committee refers to Paragraphs 17 to 23 of the Workers with Family Responsibilities Recommendation (No. 165), 1981, which provide examples of arrangements which may enable workers with family responsibilities to reconcile their employment with their family responsibilities and Paragraphs 27 to 31 which indicate the type of measures which could be taken in the area of social security.
Article 5. The report states that day-care facilities are provided for the children of workers in the public sector. The Committee hopes that the Government will indicate, in its next report, the means by which these facilities are ensured and the measures taken to provide such facilities for the private sector. It also requests the Government to indicate the number and nature of community child-care and family services and facilities, in compliance with the report form.
Article 6. The report states that no specific measures of information and education have been taken to promote 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 stresses the importance of the measures provided for by this Article of the Convention and hopes that the next report will indicate the progress made in this regard (in this connection see Paragraphs 10 and 11 of Recommendation No. 165).
Article 7. The report states that no special measures have been taken in the field of vocational guidance and training for workers with family responsibilities. However, it is proposed to bring the Convention to the attention of the authorities responsible for planning, vocational training and employment, so that they take it into consideration in restructuring their activities. The Committee hopes that the next report will indicate the measures taken or envisaged to give effect to Article 7 of the Convention, and it draws attention to Paragraphs 12 to 15 of Recommendation No. 165, which give examples of measures that may be taken.
Article 8. The report states that in the national legislation family responsibilities do not constitute a valid reason to terminate an employment relationship. The Committee hopes that the next report will provide the information called for in the report form.
Article 11. The Government is asked to indicate the manner in which the participation of employers' and workers' organisations provided for in this Article is ensured.
Point V of the report form. The report states that the majority of the population has family responsibilities. The Committee would be grateful if the Government would supply, in its next report, statistical data on the numbers and breakdown by sex of workers with family responsibilities who are in employment or are seeking work, if such data are available.
The Committee takes note of the first report of the Government. It would like to draw attention to the following points: