Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes the information contained in the Government's first report and the attached documentation.

Article 1 of the Convention. The Committee notes from the Government's report the definitions of the terms "dependent children" and "other members of their immediate family who clearly need care or support" contained in the social security legislation. It asks for further information on how the terms have been defined in other legislation or by the courts for purposes of applying the terms of the Convention.

Article 3. The Committee requests the Government to provide further information on any national policy adopted, beyond legislation on equality between men and women and the constitutional protection of the family and the child referred to in its report, with the specific aim of enabling persons with family responsibilities to exercise their right to be employed without being subject to discrimination and to the extent possible, without conflict between their employment and family responsibilities.

Article 4, paragraph (a). The Committee requests the Government to provide information on specific measures which have been taken or envisaged to enable workers with family responsibilities to exercise their right to free choice of employment, with the aim of creating effective equality of opportunity and treatment for men and women workers.

Paragraph (b). The Committee would be grateful if the Government would supply further information on other specific measures which have been taken or are being contemplated, such as flexible schedules and job sharing, in addition to special leave available for certain public employees, to enable working parents in both the public and private sectors to better reconcile their work and family responsibilities. It also requests the Government to provide information on any social security benefits, in addition to unemployment benefits and the supplementary allowance for married workers and workers with children and other dependent family members, and social security benefits in relation to maternity, children, and family, which exist or are contemplated to enable workers with family responsibilities to better combine their work and family responsibilities of dependent children as well as of other members of their immediate family who clearly need care or support.

Noting that section 5 of Legislative Decree No. 14785 of 19 June 1978 expressly states that an employer must provide in kind benefits (hygienic living and eating conditions, meals, access to medical assistance and the means for children to attend school, in addition to rural workers' cash remuneration) to a rural worker and "his family (wife, children and parents)" living with him, the Committee asks the Government to supply information in its next report on whether this provision is to be amended to apply to both men and women rural workers and their spouses, children and parents, facilitating the combination of work and family responsibilities for rural workers as apparently is the practice.

Article 5. 1. Child-care facilities and services. The Committee notes the information in the Government's report concerning child-care facilities and the National Plan for the Integral Care of Children, Women and the Family. The Committee requests the Government to continue supplying information on the activities under this Plan, including the results achieved, and on the eligibility requirements for its child-care facilities and services, including the Child and Family Care Centres (CAIF).

2. Services and facilities for other members of the family. The Committee requests the Government to provide information on any other existing or planned measures providing services at the community level for other members of the family who require care, such as elderly relatives.

Article 6. The Committee requests the Government to provide information in its report on any public information and education activities that have been undertaken to foster an understanding of problems faced by workers with family responsibilities, in accordance with section 6 of Act No. 16045.

Article 7. The Committee would be grateful if the Government would provide information on the practical application of Act No. 16045 of 2 June 1989, in relation to enabling workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities. The Committee also requests the Government to supply information on any measures establishing vocational training facilities, paid educational leave, vocational guidance, counselling, or information and placement services for both men and women workers who have left the workplace temporarily to take care of family responsibilities.

Article 8. The Committee requests the Government to supply further information on the practical application of Act No. 11577 (establishing the right to return to work after having taken medically required pregnancy leave) and Act No. 16045 (section 2(H), in relation to this Article); and on other measures which exist or are contemplated, to protect workers against dismissal, suspension, or other disciplinary action for having taken care of family responsibilities. In addition, the Committee requests the Government to provide information in its next report on the scope and practical application of Act No. 16045, sections 1 and 2, section 2(H), with regard to the prohibition of discrimination against workers with family responsibilities. It also would be grateful if the Government would supply information on any legislation or judicial decisions expressly prohibiting discrimination against workers with family responsibilities, who are preparing for, entering, participating in or advancing in economic activity.

Article 11. The Committee would be grateful if the Government would supply information in its next report on how employers implement the provisions of the Convention as well as the manner in which workers' organizations participate in this administration and application process.

Point V of the report form. Please supply copies of current collective agreements which throw light on the general application of the provisions of this Convention.