Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Repetition

Article 3. National policy on workers with family responsibilities. The Committee notes the Act Prohibiting Redundancies due to Family Responsibilities No. 27/2000, which, together with the Act on the Equal Status and Equal Rights of Women and Men No. 96/2000, the Act on Maternity/Paternity Leave and Parental Leave No. 95/2000, could to some extent serve as the foundation of a national policy on workers with family responsibilities required by Article 3 of the Convention. The Committee also notes the Government’s statement that Act No. 95/2000 is considered one of the most important steps to prevent discrimination against workers with family responsibilities. The Government refers in this regard to a study undertaken in 2006 comparing Nordic experiences with parental leave and its impact on equality between men and women. However, the study concerned does not provide much concrete information on the application in practice of Act No. 95/2000 nor has any information been provided on the practical application of any of the other abovementioned legislative texts. Moreover, information is also lacking on measures that assist men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support. The Committee is therefore unable to assess whether the existing legislation is sufficient to comprise a national policy under the terms of Article 3 of the Convention. The Committee asks the Government to provide in its next report more detailed information on the practical application of the relevant provisions of Acts Nos 27/2000, 95/2000 and 96/2000 as well as on any other practical measures taken to enable persons with family responsibilities to engage in employment without being discriminated against.

Article 4. Flexible working-time arrangements. The Committee has taken note in the past of the relevant provisions of Act No. 95/2000 which according to the Government constitute one of the major measures concerning special leave arrangements for workers with family responsibilities. The Committee refers to Parts IV and VI of Recommendation No. 165 and asks the Government to provide information on any other measures taken or envisaged to promote flexible working-time arrangements, including measures concerning terms and conditions of employment and social security provisions which also assist those workers with family responsibilities other than for dependent children.

Article 5. Childcare and family services. The Committee notes the Government’s statement that the Ministry of Social Affairs is currently studying the possibility of collecting data both on the service provided by each municipality on pre-schools as well as on the number of children enlisted and those on the waiting lists. The Government hopes to include this information in its next report. The Committee is looking forward to receiving information on the outcome of the study on childcare facilities and the measures taken in this regard. It also asks the Government to include in its next report information on the measures taken or envisaged to develop and promote other family care services and facilities.

Article 6. Educational and information campaigns. The Committee reiterates its request to the Government to provide information on any educational programmes undertaken to generate a broader public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and their particular problems.

Article 7. Integration and re-entry into the labour market. In the absence of any information on this point, the Committee draws the Government’s attention to paragraph 14 of Recommendation No. 165. The Committee reiterates its request to the Government to provide information on the measures taken, and the results achieved, to enable workers with family responsibilities to become and remain integrated in the labour force and to re-enter the labour force after an absence due to family responsibilities.

Article 8. Family responsibilities not a valid reason for termination of employment. The Committee notes that section 24 of Act No. 96/2000 does not prohibit dismissal on the basis of family responsibilities. However, the Committee notes with interest that section 1 of Act No. 27 on the Prohibition of Termination of Employment due to Family Responsibilities that no person’s employment may be terminated solely because of his or her family responsibilities. The Act defines “family responsibilities” as the employee’s responsibilities towards his or her children or spouse or close relatives who live in the employee’s home and clearly need his or her care or custody, for example as a result of illness or disability. The Committee asks the Government to keep it informed of any relevant decisions of courts of law, administrative or other tribunals or the Complaints Committee on Equal Status involving questions of termination of employment related to family responsibilities.

Article 11. Cooperation with the social partners. The Committee notes the information in the Government’s report concerning the composition of the Gender Equality Council, which includes representation of the social partners. It notes that the Gender Equality Council can submit proposals to promote equality between men and women in the labour market and has a consultative capacity regarding these matters. The Committee asks the Government to provide information in its next report on the specific activities undertaken by the Gender Equality Council to promote the application of the provisions of the Convention, as well as any other measures taken or envisaged to involve workers’ and employers’ organizations in developing and applying measures to give effect to the provisions of the Convention.