Solicitud directa (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

The Committee notes the Government's first report and requests it to reply to the following points.

1. Article 3 of the Convention. The Committee requests the Government to send it specific information on the measures which exist or are envisaged to ensure that workers with family responsibilities do not suffer prejudice in their occupational advancement because of these responsibilities. The Committee also requests information on whether cases have been brought under the recourse to protection, mentioned in the report, alleging prejudice at work or in obtaining work because of family responsibilities.

2. Article 4(b). Although the legislative provisions in force would seem, in general, to be in conformity with the principles of the Convention on this Article, certain differences can be perceived in the treatment of women workers and men workers with family responsibilities. In particular, it can be seen that section 195 of the Labour Code provides for pre- and postnatal leave for the woman and protection against dismissal ("fuero laboral") for a period of one year after confinement. This section also provides that in the event of the mother's death during confinement or during the leave after confinement, the father shall benefit from such leave or the remainder of it which is intended for caring for the child. Nevertheless, the father does not enjoy the protection against dismissal laid down in section 201 of the Code or the right, granted under section 2 of Act No. 18.867, to leave and a subsidy for a period of up to 12 weeks which is given to any woman worker who has in her personal care a minor aged under six months and who has initiated adoption procedures for that child. If all these measures are intended to facilitate the work of persons with family responsibilities, the Committee considers it desirable that in the particular case of the mother's death during the period mentioned, the father or adopting father should also be entitled to all the rights given to the mother under both pieces of legislation, particularly the right not to be dismissed during this period. In this connection, the Committee recalls that paragraph 103 of its General Survey on workers with family responsibilities, 1993, indicates that the Convention allows the possibility of adopting measures essentially for women whose family responsibilities restrict their opportunities for economic activity, so long as men are not barred from access to such measures should they find themselves in the same position.

3. The Committee also requests information on the number of establishments with over 20 women workers in the country in relation to the number of working mothers.

4. Article 5. The Committee requests the Government to supply statistical information on the number of child-care facilities for workers with family responsibilities and on the community services available for workers with family responsibilities, such as family members other than children in their care. Also, please indicate whether the services and facilities for child-care and care for family members take into consideration the needs expressed by the workers concerned.

5. Article 6. The Committee requests the Government to supply specific information on whether any type of information or education campaigns exist or is planned on problems encountered by workers with family responsibilities in general or intended specifically for women, under the National Plan for Women.

6. Article 7. The Government is requested to supply specific information on this Article of the Convention.

7. Article 8. The Committee requests the Government to supply, if possible, judicial decisions, regulations, collective agreements, etc., connected with protection against termination of contract for women during pregnancy or after confinement and of workers with family responsibilities in general.

8. Article 10. The Committee requests the Government to explain why its report indicates that the Convention applies only to men serving in the armed forces and services and does not also include female staff in these services.

9. Article 11. The Committee requests the Government to inform it of the manner in which workers' and employers' organizations participate in the application of the measures adopted to give effect to the provisions of the Convention, if this is provided in national practice.