Solicitud directa (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

The Committee notes the information contained in the Government’s report.

1. The Committee notes with interest the numerous initiatives adopted by the Government to promote equality for workers with family responsibilities and particularly section 11 of Act No. 99-477 of 1999 inserting new sections L.225-16 to L.225-19 into the Labour Code, introducing the possibility for workers with family responsibilities to reduce their working time or to take leave for a maximum period of three months to care for a child, parent or a person reaching the end of their life who is sharing the residence of the worker. The Committee requests the Government to provide information with its next report concerning the number of men and women workers making use of this leave or reducing their working time. In this respect, the Committee notes the Government’s statement that the Directorate of Social Security is considering the possibility for workers to take leave to care for elderly disabled persons and requests the Government to provide information with its next report on any development in relation to this initiative.

2. The Committee notes that section 20(VII) of Act No. 2000-1257 of 23 December 2000 on the financing of social security for 2001 amends section L.122-28-9 of the Labour Code, introducing the possibility for workers with family responsibilities to take leave to care for a child suffering an illness, accident or serious disability and to receive family allowances for this period. It notes that workers are entitled to either work part time or obtain leave for a period of four months, which is renewable up to a total period of 12 months. The Committee requests the Government to provide detailed information with its next report on how workers with family responsibilities have made use of this possibility to take remunerated leave to care for a child suffering from an illness, accident or serious disability.

3. The Committee notes that section 17 of Act No. 2001-397 of 9 May 2001 on occupational equality between men and women inserts new section L.213-4-2 into the Labour Code respecting night work carried out by workers with family responsibilities. It notes that, if night work is incompatible with the care provided by workers for a child or for another dependent person, the worker is entitled to ask to be transferred to day work. The Committee also notes that under section L.213-4-3, where so warranted by other circumstances, such as childcare or the responsibility for caring for another person, workers with family responsibilities are entitled to refuse to be placed in day work without this constituting a breach of the employment relationship justifying the dismissal of the worker.

4. The Committee notes from the Government’s statement in its report on Convention No. 111 that the Higher Council for Occupational Equality has appointed a special working group to examine the scheduling of social time and occupational time for workers, in particular the responses needed to give parents the opportunity to combine working time with family responsibilities, including care of both children and elderly persons. The Committee requests the Government to provide a copy of the conclusions of this working group with its next report.

5. While acknowledging the information provided by the Government in its report, the Committee notes that the report does not reply to all the questions raised by the Committee in its previous comments. It therefore requests the Government to provide indications with its next report of any public information and education activities that have been undertaken: to foster an understanding of the problems faced by workers with family responsibilities; indicate measures adopted or envisaged to assist workers in the civil service to reconcile their work and family responsibilities; indicate measures that have been taken to facilitate the participation of workers with family responsibilities in vocational training or guidance programmes; and indicate the meaning of the term "family situation". The Committee would be grateful if the Government would supply information on the practical application of the Convention, including statistical data, judicial decisions, collective agreements and any relevant studies or guides developed on the subject covered by the Convention.