Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Islande (Ratification: 2000)

Autre commentaire sur C156

Demande directe

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Legislative developments. The Committee notes with interest the adoption of the Act on the Equal Status and Equal Rights of Women and Men, No. 10/2008, which shows a number of improvements in relation to the law previously in force. It notes, in particular: the establishment of a Centre for Gender Equality with extended powers; the possibility of imposing fines in cases of non-compliance with the now binding decisions of the Complaints Committee on Gender Equality; and the strengthening of obligations on enterprises employing more than 25 persons to formulate and implement a gender equality programme. The Committee also notes that, according to Act No. 10/2008, discrimination on the ground of gender is prohibited with respect to recruitment, promotion, changes of position, retraining, continuing education (lifelong learning), vocational training, study leave, notice of termination, the working environment and employees’ working conditions (section 26(1)), and that allowing maternity, paternity or parental leave or other circumstances relating to pregnancy and childbirth to have a negative effect on decisions under section 26(1) is prohibited (section 26(2)). The Committee further notes that objectives of the Gender Equality Action Programme for the years from 2011 to 2014 include conducting surveys on parental leave, and on active participation in the labour market by workers with family responsibilities. The Committee asks the Government to provide information on the practical application of section 26(2) of Act No. 10/2008 and the Gender Equality Action Programme 2011–14, including the results of the surveys conducted on parental leave and on active participation in the labour market by workers with family responsibilities under this action programme. The Committee also asks the Government to indicate the measures taken or envisaged to prevent discrimination on the ground of family responsibilities with respect to women and men workers with responsibilities in relation to other members of their immediate family who clearly need their care or support.

Article 4. Flexible working-time arrangements. The Committee notes that section 21 of Act No. 10/2008 provides for the employer’s obligation to take measures to enable women and men to reconcile work and family responsibilities, including measures aimed at increasing flexibility in the organization of work and working hours. It also notes the Government’s indication that flexible working-time arrangements are not prescribed in collective agreements. The Committee asks the Government to provide information on the practical application of section 21 of Act No. 10/2008, with respect to flexible working-time arrangements. Please also provide information on measures taken or envisaged concerning terms and conditions of employment and social security provisions which also assist workers with family responsibilities other than for dependent children. It also asks the Government to provide statistical information, disaggregated by sex, on the use of the flexible working-time arrangements, including part-time employment, and their impact on promoting equality of opportunity and treatment for workers with family responsibilities.

Article 5. Childcare and family services and facilities. The Committee recalls the Government’s previous statement that the Ministry of Social Affairs was studying the possibility of collecting data, both on available pre-school services provided by each municipality, as well as on the number of children enrolled and those on waiting lists. While noting the Government’s reference to the report of the Welfare Watch, the Committee notes that the Government’s report does not contain information on the available childcare and family services and facilities to enable workers with family responsibilities to reconcile work and family. The Committee asks the Government to provide detailed information on the number and nature of childcare and family services and facilities, as well as the results of the study conducted by the Ministry of Social Affairs concerning childcare facilities.

Article 6. Information and education. 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.

Article 7. Integration in the labour market. The Committee recalls section 29 of the Act on Maternity/Paternity Leave and Parental Leave, No. 95/2000, as last amended in 2009, which guarantees the right to return to the previous job, or to a comparable position with the employer. It notes that the measures to be taken by employers to enable women and men to reconcile work and family responsibilities under section 21 of Act No. 10/2008 include facilitating the return of employees to work following maternity/paternity leave, or parental leave, or leave from work due to pressing and unavoidable family circumstances. The Committee also notes that the Act on Employment-Related Vocational Rehabilitation and the Operation of Vocational Rehabilitation Funds, No. 60/2012, was adopted. The Committee asks the Government to indicate what would be included as “pressing and unavoidable family circumstances” under section 21 of Act No. 10/2008. It also asks the Government to provide information on the practical application of section 29 of Act No. 95/2000 and section 21 of Act No. 10/2008, including projects and initiatives which are being implemented to promote the reconciliation of work and family responsibilities, and how measures taken have enabled workers with family responsibilities to become and remain integrated in the labour force. Please also provide a copy of the Act on Employment-Related Vocational Rehabilitation and the Operation of Vocational Rehabilitation Funds, No. 60/2012, and information on its implementation in practice.

Article 8. Protection against dismissal. The Committee recalls section 1 of the Act on the Prohibition of Termination of Employment due to Family Responsibilities, No. 27/2000, which provides that no person’s employment may be terminated solely because of his or her family responsibilities. It also recalls section 30 of Act No. 95/2000, which prohibits termination of employment due to the fact that a worker has given notice of intention to take maternity/paternity leave or parental leave, or during such leave, without reasonable cause, and in such a case, the dismissal shall be accompanied by written reasons; the same applies to pregnant women and women who have recently given birth. The Committee notes the Government’s indication that, since its last report in 2006, no decision has been taken by courts of law, administrative or other tribunals or the Complaints Committee on Equal Status involving questions of termination of employment on the ground of family responsibilities. The Committee asks the Government to continue to provide any relevant decisions of courts of law, administrative or other tribunals or the Complaints Committee on Equal Status involving questions of termination of employment on the ground of family responsibilities.

Article 11. Cooperation with the social partners. The Committee notes that the composition of the Gender Equality Council includes representation of the social partners (section 8 of Act No. 10/2008). It notes the Government’s indication that a working group on issues related to workers with family responsibilities was appointed in June 2012, and the members of the working group include representatives of the main organizations of the social partners. The working group is mandated to conduct surveys on the measures designed to help workers to reconcile work and family. The Committee asks the Government to provide information on the specific activities undertaken by the Gender Equality Council relevant to promoting 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.