Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Guinée (Ratification: 1995)

Autre commentaire sur C156

Observation

Demande directe

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The Committee recalls the adoption of Act No. L/2014/072/CNT of 10 January 2014 issuing the Labour Code.

Article 3 of the Convention. National policy. The Committee notes section 5 of the Labour Code, which prohibits any form of discrimination. However, it notes that “family responsibilities” are not among the grounds of discrimination prohibited by this provision. Also noting that there is still no national policy containing provisions intended to enable persons – both men and women – with family responsibilities who are engaged in 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 requests the Government to establish the necessary conditions and framework for the achievement of these objectives and to provide information on any measure adopted for this purpose.

Article 4. Right to leave. The Committee notes the Government’s indication that Decree No. 37/PRG/SGG of 23 February 1987, sections 53 and 60 of which contain provisions favourable to workers with family responsibilities, applies to all contracted workers, irrespective of gender. It also notes the provisions of section 156.2(4) of the new Labour Code, under which the presence of the worker cannot be refused when it is requested “in the event of serious illness of the father, mother, spouse or child, requiring assistance by the worker”. The Committee also notes that, in the same way as section 62 of the former Labour Code, section 153(4) of the new Labour Code provides that “when her maternity leave has expired, a mother may, if she so wishes, take unpaid leave for a period not exceeding nine months”. The Committee requests the Government to envisage the possibility of allowing both men and women to take unpaid leave following the birth of a child. It also requests the Government to provide information on any other regulatory text or agreement containing provisions which enable workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), taking into account their needs in terms of conditions of employment and social security (Article 4(b)).

Article 5. Childcare and family assistance services and facilities. The Committee notes the Government’s indication that the establishment of a new technical directorate responsible for issues related to the family responsibilities of workers is nearing completion in the Ministry of Social Affairs. The Committee requests the Government to provide information on any measures taken by this administrative structure for workers with family responsibilities. In the absence of information on this point, the Committee once again requests the Government to indicate the measures taken to develop or promote public and private community services, and particularly childcare and family assistance services and facilities (crèches, etc.), and to specify the number and capacity of the existing facilities.

Article 6. Information and education. In the absence of information on this subject, the Committee requests the Government to provide information on any measure adopted, particularly within the framework of the National Gender Policy adopted in 2011 and programmes to combat HIV/AIDS, to promote broader understanding of the principle of equality of opportunity and treatment for workers of both genders, and of the problems of workers with family responsibilities, including members of the immediate family who clearly need care and support.

Article 7. Labour market integration. In the absence of information on this subject, the Committee once again requests the Government to indicate whether the National Office for Vocational Training and Retraining, or any other institution, has taken or plans to take measures to enable workers to return to the labour market after an absence due to their family responsibilities.

Article 8. Protection against dismissal. The Committee notes that section 153(5) of the Labour Code “prohibits the dismissal of the employed person during unpaid leave following maternity leave (parental leave solely available to the mother), unless there is a serious fault by the person concerned or it is impossible to maintain the employment contract”. It also notes that the Labour Code provides that “an employed person may only be dismissed if there is an objectively verifiable reason such as to make it impossible to maintain the contractual relationship” (section 172(6)) and that “the reason for dismissal may relate to the employed person, including the worker’s state of health resulting in permanent invalidity, her or his inaptitude for the job, vocational inadequacy or faulty behaviour” (section 172(7)). However, the Committee notes that the Labour Code does not explicitly provide that family responsibilities may not, as such, constitute a valid reason for dismissal. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that family responsibilities do not constitute a valid reason for termination of employment.

Article 11. Employers’ and workers’ organizations. The Committee notes the Government’s general indication that employers’ and workers’ organizations have the right to participate in the formulation of legal texts and are always consulted. The Committee requests the Government to indicate the manner in which the participation and consultation of these organizations is ensured in practice in relation to the provisions and measures adopted to give effect to the Convention.