Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s first report.

Article 6 of the Convention. Sickness benefits. Section 137(8) of the Labour Relations Act states that compensation for salaries in cases of absence from work for any sickness or accident not linked to work shall be paid to full-time workers. The Committee requests the Government to indicate whether there are provisions which grant equivalent protection to part-time workers and, if so, to provide a copy of them.

Article 7(a). Nursing breaks. Section 193 of the Labour Relations Act provides for nursing breaks for full-time female workers. The Committee requests the Government to indicate the measures taken to ensure that part-time female workers also benefit from such breaks, which form part of the maternity protection laid down by the Convention.

Article 9, paragraph 2(c). Measures facilitating access to part-time work. The Committee notes the co-financing measures for enterprises which practice job-sharing, and the programme for the promotion of part-time work which includes the provision of incentives and the dissemination of information on this subject. The Committee requests the Government to provide more detailed information on the specific measures taken with a view to promoting access to part-time work, particularly for workers undergoing education or training.

Article 10. Voluntary nature of the transfer from full-time to part-time work or vice versa. Sections 88(3) and 90 of the Labour Relations Act enable an employer to terminate an employment contract in circumstances of incapacity or for business reasons. Section 88(3) also requires the employer to check whether it is possible to offer the worker a new contract and, if so, to offer such a contract which a worker has the right to decline. However, if the worker refuses the offer, the sections indicate that the worker has no right to severance pay but may only retain the right to challenge the termination if reasons cannot be substantiated. The Committee is concerned that such provisions may be used as a means to effectively force a worker to accept changed conditions or transfer from full-time to part-time work or vice versa and therefore asks the Government to clarify the use of these provisions in practice.

Article 11. Consultations and collective agreements. The Committee requests the Government to indicate whether the most representative organizations of employers and workers were consulted before the adoption of the legislation referred to in its report, particularly the Labour Relations Act. It also requests the Government to provide information, if appropriate, on the adoption of any new collective agreements containing provisions relating to part-time work.