Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee notes with regret 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:

Article 1(2) of the Convention. The Committee notes the concept of “family member” contained in section 60 of Decree No. 37/PRG/SGG/86 of 1987, which allows a worker to take leave of absence to care for a family member suffering from an illness requiring special care. It requests the Government to provide a definition in its next report of the terms “other members of their immediate family who clearly need their care or support”.

Article 3. The Committee notes the legal provisions taken in favour of parents with dependent children (family allowances, parental or maternity leave) and the protection against discriminatory practices accorded in particular in the Fundamental Act of 1990 and other legislative texts. It notes however that the criterion of “family responsibilities” is not explicitly included in the prohibited criteria of discrimination, and that no specific national policy to protect workers with such responsibilities appears to exist. The Committee draws the Government’s attention to the obligation imposed under Article 3 on each member State to include, among the objectives of its national policy, the guarantee that workers with family responsibilities may engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this connection, it wishes to refer the Government to Paragraphs 6–11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee requests the Government to provide information in its next report on the measures taken or under consideration for the adoption of a national policy as provided under the Convention.

Article 4. The Committee notes the provisions of section 53 of Decree No. 37/PRG/SGG of 23 February 1987, which allow employees three hours’ leave of absence a week to enable them to fulfil certain personal or family obligations during working time. It also notes that under section 60 of this Decree, a worker may take leave of absence to care for a family member suffering from an illness which requires special care, for a maximum period of two months. The Committee therefore requests the Government to indicate whether these provisions apply to all workers, and whether the measures taken in favour of women with dependent children also apply to men with dependent children.

In this connection, the Committee invites the Government to refer to Paragraphs 17–24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which gives examples of provisions likely to allow workers with family responsibilities to reconcile their employment and these responsibilities more easily. The Committee would be grateful if the Government would also supply the texts of any collective agreements likely to contain provisions enabling workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), and to take account of their needs in terms and conditions of employment and in social security (Article 4(b)). It finally requests the Government to supply all information on the implementation of its employment policy, and to indicate whether persons with family responsibilities are considered in employment creation.

Article 5. The Committee notes from the Government’s report that the organic text of the Ministry for Social Affairs, for the Promotion of Women and Children, has established a new technical directorate responsible for questions arising from workers’ family responsibilities and that this directorate will in future adopt specific measures to give effect to the Convention. The Committee asks the Government to supply information regarding these measures with its next reports. It also asks the Government to supply information on its policy regarding existing community structures to support workers with family responsibilities (childcare services, for example), whether public or private, as well as information on their number, their capacity, etc.

Article 6. The Committee notes the information that specific measures are under study to provide a better protection to workers with family responsibilities. It requests the Government to transmit these measures as soon as they have been adopted as well as information on the means whereby they have been communicated to those concerned with a view to their broader comprehension thereof. The Committee also requests the Government to indicate how AIDS awareness and combat programmes are turned more particularly towards workers with family responsibilities.

Article 7. The Committee notes that despite the legal provisions mentioned by the Government (sections 44 and 49 of the Labour Code and other amending decrees), there is no specific measure in the field of vocational training allowing workers to re-enter the labour force after an absence due to their family responsibilities. It requests the Government to indicate whether the Advisory Labour Committee, as part of its new mandate, and the National Office for Vocational Training and Retraining are taking action or considering action in respect of workers with family responsibilities.

Article 8. The Committee requests the Government to indicate the measures taken or under consideration to prohibit family responsibilities from being used as a reason for termination of employment.

Article 11. The Committee requests the Government to indicate the means whereby the participation of employers’ and workers’ organizations is ensured in devising and applying measures designed to give effect to the provisions of the Convention.

Part III of the report form. The Committee requests the Government to supply information on the activities of the Ministry of Employment and the Public Service, the Ministry for Health, the Ministry for Social Affairs, for the Promotion of Women and Children, in respect of workers with family responsibilities.