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

The Committee notes the information contained in the Government's first report. It would be grateful if the Government would provide additional information on the following points.

Article 1 of the Convention. The Committee would be grateful if the Government would indicate in its next report the definitions given to the terms "dependent children" and "other members of the immediate family who clearly need their care and support" for purposes of applying the terms of the Convention.

Article 2. The Committee notes that the Labour Code provisions giving effect to the Convention cover only private sector employees. It would be grateful if the Government would communicate information on the specific categories of workers to which the relevant Labour Code provisions apply as well as how the Convention is applied to workers in the public service.

Article 3. (1) The Committee notes the legislative protection against discrimination on grounds of family situation contained in sections L.122-45 and L.123-1 of the Labour Code. It also notes the legislative provisions concerning maternity protection, and parental educational leave and collective agreement provisions concerning child sick leave; however no specific provisions appear to provide assistance to workers with their family responsibilities toward other members of their immediate family. In this regard the Committee refers to the definition of family responsibilities in Article 1 of the Convention and requests the Government to provide information on any policy or measures which may have been taken to assist workers with responsibilities to members of their immediate family other than dependent children. It also requests the Government to indicate the meaning of the term "family situation" contained in the Labour Code upon which protection against discrimination is provided.

(2) Noting the Government's statement that the reconciliation of work and family life for workers is an aim of national social policy, the Committee requests the Government to indicate the specific contents of the policy and the manner in which it is promoted.

Article 4. (1) The Committee requests the Government to indicate the measures that have been taken to enable workers in the public service to reconcile their employment and family responsibilities. (2) With respect to the implementation of the parent educational leave, the Committee requests the Government to supply information on its availability in practice to employees in undertakings employing under 100 employees. (3) The Committee would be grateful if the Government would continue to communicate information on the measures taken to enable workers to better integrate their work and family responsibilities. (4) It also requests the Government to provide information on any social security benefits which exist or are contemplated to take account of the needs of both men and women workers with family responsibilities.

Article 5. The Committee notes the information in the Government's report concerning the existence of child-care facilities in 1989 and it requests the Government to indicate in its next report whether the child-care facilities meet their present demand and, if not, whether measures are being taken to attempt to satisfy that demand. In this regard the Committee requests the Government to provide information on the Government's policy on child care, including any evaluation of the implementation of the policy. The Committee would also be grateful if the Government would indicate other family services which exist to assist workers in reconciling their work and family responsibilities.

Article 6. The Committee requests the Government to kindly indicate any public information and education activities that have been undertaken to foster an understanding of problems faced by workers with family responsibilities, particularly in light of the promotion of equal opportunity and treatment between men and women.

Article 7. The Committee notes the priority status given to workers with family responsibilities in access to vocational training courses. It requests the Government to provide information on any other measures that have been taken to facilitate the participation of workers with family responsibilities in vocational training or guidance programmes.

Article 8. The Committee notes that family situation cannot constitute a valid reason for termination of employment pursuant to the Labour Code and requests the Government to indicate, in this context, the meaning of the term "family situation". It also requests the Government to provide information on any existing measures that protect workers in the public service against dismissal on the grounds of family responsibilities.

Points IV and V of the report form. The Committee would be grateful if the Government would supply information on the practical application of the Convention including statistical data, court decisions, collective agreements and any relevant studies or guides developed on the subject-matter.