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

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Ethiopie (Ratification: 1991)

Autre commentaire sur C156

Observation

2017

Demande directe

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Article 1 of the Convention. With regard to defining “dependent child” and “other members of the immediate family who clearly need [the worker’s] care or support”, the Committee notes that section 198 of the Revised Family Code Proclamation No. 213 of 2000 provides that the maintenance obligation exists between ascendants and descendants, and between persons related by affinity in the direct line, as well as between brothers and sisters.

Article 2. The Committee previously asked the Government to provide an explanation regarding the workers excluded from the scope of the Labour Proclamation No. 377/2003, and on the manner in which the Convention is applied to them. The Committee notes that under Proclamation No. 494/2006, an amendment was made to section 3(2)(c), specifying the exclusion of the head of legal services who recommend measures to be taken by the employer regarding certain managerial matters. However, the Committee also notes that otherwise the same categories of workers are still excluded under section 3(2)(a)–(f): notably workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; or for the purpose of educating or training other than as apprentice; contracts relating to persons holding major managerial posts in undertakings; contracts for personal service for non-profit-making purposes; and contracts relating to members of the armed forces or the police force, employees of the state administration, judges and prosecutors; and contracts relating to a person who performs an act, for consideration, at his own business or professional responsibility. The Committee recalls that some of these categories of workers are regulated by specialized legislation, such as the Federal Civil Servants Proclamation No. 515/2007. The Committee asks the Government to provide more detailed information on all regulations or specialized legislation, other than the Federal Civil Servants Proclamation No. 515/2007, providing protection at least equivalent to that afforded under the Convention to the categories of workers excluded from the application of the Labour Proclamation No. 377/2003, as amended by the Labour (Amendment) Proclamation No. 494/2006.

Article 3. The Committee recalls that protection against discrimination under section 14(1)(f) of Labour Proclamation No. 377/2003 is provided on the grounds of nationality, sex, religion, political outlook or “any other conditions”. The Committee notes the Government’s general indication that there are various sectoral policies which directly or indirectly address the prohibition of discrimination on any basis. The Committee recalls that Article 3 of the Convention refers to the need to include among the aims of national policy that of enabling persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination, and to the extent possible, without conflict between their employment and family responsibilities. The Committee asks the Government to take steps to address issues of workers with family responsibilities in national policy. The Committee also, once again, draws the Government’s attention to the need to ensure that any policies or programmes adopted to give effect to the Convention apply to men as well as to women with family responsibilities on an equal footing, and urges the Government to take specific steps to this end and to provide information on the progress made in this regard.

Article 4. Leave entitlements. The Committee recalls section 88 (maternity leave) and section 81 (leave with pay in the case of marriage or death of a family member) of the Labour Proclamation No. 377/2003, as well as section 41(1)–(5) (maternity leave) and section 41(6) (paternity leave) of the Federal Civil Servants Proclamation No. 515/2007. Referring to paragraphs 17–23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), the Committee asks the Government to intensify its efforts in taking specific measures to enable workers with family responsibilities to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security. The Committee again urges the Government to supply copies of sample collective agreements containing provisions concerning equal opportunity and treatment in employment for all workers with family responsibilities.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that there is no plan to undertake surveys to identify and take appropriate measures as to specific needs of workers with family responsibilities in community planning, and the development of childcare and family services and facilities. The Committee asks the Government to provide information on any measures taken or envisaged to provide adequate childcare and family services and facilities, indicating the progress made in extending the coverage.

Article 6. Information and education. The Committee notes the Government’s indication that the social partners are provided with appropriate training, and that various public awareness programmes on the principle of the Convention are being carried out. The Committee asks the Government to provide detailed information on the training and awareness raising activities undertaken to promote information and understanding among the social partners, especially in the context of collective bargaining, and of the general public, of the principle of equality of opportunity and treatment, and of the problems faced by workers with family responsibilities.

Article 7. Integration in the labour force. The Committee notes the Government’s indication that vocational guidance and training is dealt with by collective agreements. Please provide a copy of the collective agreements concerning vocational guidance and training for workers with family responsibilities. The Committee also asks the Government to provide information on the measures taken or envisaged in the field of vocational guidance and training to enable 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 family responsibilities.

Article 8. Protection against dismissal. The Committee recalls that pursuant to section 26(2)(d) of the Labour Proclamation No. 377/2003, marital status, family responsibility and pregnancy shall not be considered legitimate grounds for termination of an employment contract. The Committee asks the Government to provide information on any judicial or administrative decisions addressing section 26(2)(d) of Labour Proclamation No. 377/2003.