Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information contained in the Government’s first report. It asks the Government to provide further information in its next report on the following points.

1. The Committee notes the Government’s statement that Act No. 27/2000 prohibiting redundancies due to family responsibilities is substantially based on the provisions of the Convention. It further notes the Government’s indication that a number of other instruments are considered to promote the application of the Convention. However, without a copy of Act No. 27/2000 prohibiting redundancies due to family responsibilities, the Committee is unable to fully assess the Government’s compliance with the Convention. Therefore, it asks the Government to provide a copy of the Act with its next report along with any other instruments that are seen as promoting the application of the Convention.

2. Article 3 of the Convention. The Committee asks the Government to provide information on the practical application of Act No. 27/2000 as well as section 16 of the Act on equal status and equal rights of women and men and section 2 of the Act on maternity/paternity leave and parental leave so that the Committee can assess the manner in which these legislative texts combined serve as an effective national policy to enable persons with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their employment and family responsibilities.

3. Article 4. The Committee notes the information on the promotion of flexible working time. It asks the Government to provide information on the practical application of this Article of the Convention concerning terms and conditions of employment and social security provisions which assist workers with family responsibilities. 

4. Article 5. The Committee notes the statistical data provided by the Government with its report. In particular, it asks the Government for information on the measures undertaken to reduce the number of children in the waiting lists to access pre-schools. It also asks the Government to continue to provide data to enable the Committee to assess the progress achieved with regard to childcare and other family care services and facilities.

5. Article 6. The Committee encourages the Government to elaborate programmes of education and information for the public, workers and employers on the importance of reconciling work and family as well as on the principle of equality of opportunity and treatment in working life both between workers with family responsibilities and those who do not have such responsibilities, and between men and women workers with family responsibilities. Please report on any such measures and their impact in promoting the application of the Convention.

6. Article 7. The Committee notes section 29 of the Act on maternity/paternity leave and parental leave and section 16 of the Act on equal status and equal rights of women and men. It asks the Government to provide information on the practical application of these provisions with regard to measures taken 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.

7. Article 8. The Committee will return to the application of this Article after having examined the full text of Act No. 27/2000. In the meantime, the Committee notes section 30 of the Act on maternity/paternity leave and parental leave and asks the Government to indicate whether dismissals on the basis of family responsibilities are prohibited under section 24 of the Act on equal status and equal rights of women and men. It also asks the Government to provide information on the practical application of these provisions and to indicate 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 reasons due to family responsibilities.

8. Article 11. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 11 of the Convention to promote the application of the Convention.