Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

The Committee notes the information provided in the report of the Government concerning the Committee's previous comments.

1. The Committee notes that, for the purposes of determining eligibility for the payment of family allowances, dependent children are those under the age of 18 years (in the case of those who are unemployed) or 20 years (in the case of apprentices, young persons undertaking vocational training, disabled children and students) for whom a parent assumes effective and permanent responsibility. The Committee requests the Government to provide information on whether, and if so how, the term "other members of their immediate family who clearly need care or support" is defined for the purpose of applying the Convention.

2. The Committee has noted a number of benefits mentioned by the Government to assist parents to harmonize their work and family responsibilities, including the parental education allowance and financial aid to employ a mother's help. The Committee would be grateful if the Government would furnish more detail on the extent to which these or any other similar benefits have been made available.

3. The Committee again requests the Government to provide full information on the other matters raised in the Committee's previous comments, which read as follows:

Article 2. The Committee notes that the Labour Code provisions giving effect to the Convention cover only private sector employees. It would be grateful if the Government would communicate information on the specific categories of workers to which the relevant Labour Code provisions apply as well as how the Convention is applied to workers in the public service.

Article 3. (1) The Committee notes the legislative protection against discrimination on grounds of family situation contained in sections L.122-45 and L.123-1 of the Labour Code. It also notes the legislative provisions concerning maternity protection, and parental educational leave and collective agreement provisions concerning child sick leave; however, no specific provisions appear to provide assistance to workers with their family responsibilities toward other members of their immediate family. In this regard the Committee refers to the definition of family responsibilities in Article 1 of the Convention and requests the Government to provide information on any policy or measures which may have been taken to assist workers with responsibilities to members of their immediate family other than dependent children. It also requests the Government to indicate the meaning of the term "family situation" contained in the Labour Code upon which protection against discrimination is provided.

(2) Noting the Government's statement that the reconciliation of work and family life for workers is an aim of national social policy, the Committee requests the Government to indicate the specific contents of the policy and the manner in which it is promoted.

Article 4. (1) The Committee requests the Government to indicate the measures that have been taken to enable workers in the public service to reconcile their employment and family responsibilities. (2) With respect to the implementation of the parental educational leave, the Committee requests the Government to supply information on its availability in practice to employees in undertakings employing under 100 employees.

Article 5. The Committee notes the information in the Government's report concerning the existence of child-care facilities in 1989 and it requests the Government to indicate in its next report whether the child-care facilities meet their present demand and, if not, whether measures are being taken to attempt to satisfy that demand. In this regard the Committee requests the Government to provide information on the Government's policy on child care, including any evaluation of the implementation of the policy. The Committee would also be grateful if the Government would indicate other family services which exist to assist workers in reconciling their work and family responsibilities.

Article 6. The Committee requests the Government to kindly indicate any public information and education activities that have been undertaken to foster an understanding of problems faced by workers with family responsibilities, particularly in the light of the promotion of equal opportunity and treatment between men and women.

Article 7. The Committee notes the priority status given to workers with family responsibilities in access to vocational training courses. It requests the Government to provide information on any other measures that have been taken to facilitate the participation of workers with family responsibilities in vocational training or guidance programmes.

Article 8. The Committee notes that family situation cannot constitute a valid reason for termination of employment pursuant to the Labour Code and requests the Government to indicate, in this context, the meaning of the term "family situation". It also requests the Government to provide information on any existing measures that protect workers in the public service against dismissal on the grounds of family responsibilities.

Points IV and V of the report form. The Committee would be grateful if the Government would supply information on the practical application of the Convention including statistical data, court decisions, collective agreements and any relevant studies or guides developed on the subject-matter.