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Workers with Family Responsibilities Convention, 1981 (No. 156) - Peru (RATIFICATION: 1986)

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The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP) and the Single Confederation of Workers of Peru (CUT-Peru), received on 1 September 2021. The Committee requests the Government to send its comments in this regard.

Measures during the COVID-19 pandemic. The Government indicates that in the context of the COVID-19 pandemic, various measures have been adopted to make it easier to reconcile work and family life, such as paid leave, reduced working hours and temporary leave with subsequent compensation, reorganization of hours of work, and the facilitation of remote work until July 2021, with guarantees of the right to have rest periods and the right to disconnect. The Committee also notes that the workers’ organizations, in their observations, indicate that in practice the flexibility measures adopted during the COVID-19 pandemic involved an excessive extension of working time for women, either in terms of increased demand for care services or as a result of an extended working day.

Article 3 of the Convention. National policy. The Committee notes the Government’s reference in its report to the joint implementation, with other stakeholders, of the Sectoral Plan for Equality and Non-Discrimination in Employment and Occupation 2018–21, and its indication that the National Employability Programme promotes participation in services to persons with family responsibilities, with the design of vocational training and self-employment services focusing on men and women beneficiaries who are heads of households and have children, including young heads of households and young persons with children. In this regard, the Committee notes the observations of the CGTP, CUT-Peru, CTP and CATP, indicating that the National Gender Equality Policy adopted in 2019 includes, in guideline 4.1, the implementation of a national care system with gender mainstreaming for persons in situations of dependence, but also that there is no information on the evaluation of the National Gender Equality Plan 2012–17 or of the National Family Support Plan 2016–21. With regard to the evaluation of policies, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee requests the Government to provide information on the results achieved through the National Family Support Plan 2016–21, the National Gender Equality Plan 2012–17 and the Trabaja Perú (Peru at work) programme, and also through any other policy or programme implemented to promote the rights of workers with family responsibilities. The Committee also requests the Government to provide information on the implementation of specific measures under the National Employability Programme and the National Gender Equality Plan 2012–17 aimed at addressing the situation of workers with family responsibilities.

Article 4. Equality regarding conditions of employment. The Committee notes that, with regard to its request for information on the adoption of measures to ensure equal conditions of employment for workers with family responsibilities, the Government indicates that: (1) Act No. 31110 regulating work in agriculture and incentives for agriculture and irrigation, agri-exports and agro-industry (published on 31 December 2020) recognizes the right of pregnant women to pre- and post-natal leave, nursing (breastfeeding) breaks, protection in situations of risk and a maternity and nursing allowance in accordance with the applicable laws and regulations; (2) in line with the objective of the National Competitiveness and Productivity Plan 2019 to enable the organization of part-time work calculated on the basis of weekly working hours, a normative proposal is being prepared to enable the conclusion of contracts more in line with workers’ needs; and (3) according to the study entitled “Women in the Peruvian civil service 2020”, which analyses public sector workers’ access to nursing (breastfeeding) areas, there was a 5 per cent increase in the number of nursing areas in 2019. The Committee also notes the information referred to by the Government in its report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report),on: (1) follow-up and monitoring of the implementation and functioning of institutional nursing areas via the National Gender Equality Policy 2019 (guideline 4.3); (2) according to data provided by 29 entities, in 2018 maternity leave was granted to 3,662 women and paternity leave to 2,708 men, and 1,552 nursing areas were established in the public and private sectors. The above-mentioned report also refers to the adoption of Act No. 30807, which increases paternity leave to 10 days per year, to 20 days for premature or multiple births, and to 30 days for a birth with a terminal congenital illness or severe disability and where there are serious complications for the mother’s health; and to the adoption of Legislative Decree No. 1405, which establishes that employees can take up to seven days of their vacation entitlement in split periods of at least half a day in order to reconcile employment with personal and family life. The Committee requests the Government to provide information on the number of workers who have availed themselves of maternity or paternity leave, and also on flexible or part-time working arrangements for dealing with family responsibilities.

Article 5. Childcare and family services and facilities. The Committee notes that the Government does not provide any information on the availability of public care and assistance services in urban and rural areas, or on the implementation of the Cuna Más National Programme or of any other relevant measure. The Committee notes according to the Beijing+25 national report: (1) 60,695 women benefited from the day-care service for children under 3 years of age provided by the Cuna Más Programme and in 2018 a total of 3,407 day-care centres or homes were established through the programme; and (2) in the context of care services for adults in situations of economic and social neglect or vulnerability, there are 32 accredited centres covering 1,364 persons. The Committee once again requests the Government to provide up-to-date information on the availability of public care and assistance services in urban and rural areas, and also on the implementation of the Cuna Más National Programme and on any other relevant childcare or family assistance measures.

Article 6. Appropriate measures to promote better understanding of the principle of equality of opportunity and treatment for men and women workers, and of the problems of workers with family responsibilities. The Committee notes that the Government, in relation to legislative initiatives on part-time work and telework, carried out activities to promote dialogues and exchanges of practices and experiences relating to promotion of the work-life balance. The Committee also notes that according to the Beijing+25 national report, priority objective No. 6 of the National Gender Equality Policy 2019 (“to reduce the impact of discriminatory socio-cultural patterns on the population”) establishes guideline 6.3 on support and counselling for families with regard to sharing care responsibilities. The Committee requests the Government to provide information on awareness-raising and information measures to promote better understanding of the problems faced by workers with family responsibilities, including those implemented under the National Gender Equality Policy 2019.

Article 8. Protection against dismissal. The Committee notes the Government’s indication that Act No. 30709 prohibiting gender pay discrimination prohibits dismissal and non-renewal of contracts on grounds related to pregnancy and nursing (breastfeeding), and that Act No. 31110 prohibits the dismissal of women workers on grounds of pregnancy or nursing. The Government also states that in 2021 there were 1,580 inspection orders relating to verification of arbitrary dismissals and penalties were imposed in four cases. With regard to the Committee’s request for information on the application of the Labour Productivity and Competitiveness Act, the Government indicates that, on the subject of non-compliance with socio-labour regulations concerning working mothers during pregnancy and nursing, in 2021 there were 187 inspection orders and penalties were imposed in five cases. The Committee requests the Government to provide detailed information on any cases of dismissal involving workers with family responsibilities, including on grounds of pregnancy or nursing, which have been identified by the labour inspectorate and on any ruling handed down by the courts, as well as penalties imposed and compensation awarded.

Articles 6 and 11. Information and participation of workers’ and employers’ organizations. The Committee notes that the Government refers to the organization of training activities, workshops, forums and videoconferences relating to the work-life balance but that it does not indicate whether these activities were carried out in collaboration with employers’ and workers’ organizations, or whether members of these organizations were able to benefit from such measures. The Committee is bound to reiterate its request to the Government to collaborate with employers’ and workers’ organizations in the formulation and implementation of measures designed to give effect to the provisions of the Convention, and to provide information in this regard.

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The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2016.

Article 3 of the Convention. National policy. In its previous comments, the Committee asked the Government to provide information on the measures adopted as part of the National Equal Opportunities Plan between Women and Men 2006–10 and its impact on the implementation of the principles of the Convention, and also on the impact of the National Family Support Plan 2004–11, and the Gender Equality Initiative 2011–15. The Committee notes the Government’s indication in its report that the National Equal Opportunities Plan 2006–10 was replaced by the National Gender Equality Plan 2012–17, which, according to the Government, includes indicators relating to the granting of paternity and maternity leave, and the establishment of day-care centres and nursing (breastfeeding) areas, and provides information on progress achieved in these areas of the Plan. In particular, the Committee notes the Government’s indication that in 2015, maternity leave was granted in 2,880 cases and paternity leave in 2,431 cases, and 465 nursing areas were established in public and private entities, benefiting some 9,240 women. The Committee also notes that, according to the information available on the website of the Ministry for Women and Vulnerable Population Groups, at the end of 2017, the Plan was extended to enable the formulation of a new plan for the following phase. In addition, the Committee notes the information supplied by the Government on the National Family Support Plan 2016–21, aimed at promoting shared family responsibilities and balancing family life and work. The Committee notes that the aforementioned plan aims, inter alia, to: (i) reduce gender disparities in the exercise of family responsibilities; (ii) improve and extend public and private services aimed at balancing family life and work; and (iii) promote, apply and evaluate legislation and policies aimed at ensuring a balance between family life and work in the public and private spheres. The Committee further notes that the Government refers to the Trabaja Perú Programme (for the creation of inclusive social employment), whose objective is to create jobs, develop productive capacities and promote sustained, quality employment, with a view to increasing income and improving the employability of people living in poverty and extreme poverty. The Committee notes that this Programme is directed, inter alia, towards parents of children under 18 years of age. Moreover, the Committee notes the CATP’s claim that there is a lack of synergy between the various measures taken by the State and a lack of coordination needed between the various ministries involved in the implementation of those measures. The CATP also indicates that the lack of clear indicators and objectives for the relevant public policies hampers transparent monitoring of their effectiveness. While noting the measures which have been adopted, the Committee requests the Government to provide information on: (i) specific measures adopted under the National Family Support Plan 2016–21 and their results; and (ii) any evaluation of the impact of the National Gender Equality Plan 2012–17 and the Gender Equality Initiative 2011–15 on reconciling work and family life for workers with family responsibilities and their ability to find, keep and advance in employment, including information on the number of beneficiaries of available assistance services and their coverage, and the follow-up actions taken, including the definition of objectives and indicators for monitoring the implementation of such actions. The Committee also requests the Government to indicate the manner in which the Trabaja Perú Programme (for the creation of inclusive social employment) contributes to the implementation of the principles of the Convention.

Article 4. Equality regarding conditions of employment. In its previous comments, the Committee asked the Government to indicate whether, in addition to the maternity and paternity leave referred to in its report, there are any other mechanisms or provisions established in the legislation, collective agreements or arbitration awards which enable men and women to achieve a better balance between their work and family responsibilities. The Committee notes the information supplied by the Government regarding the various laws adopted regarding leave, in particular the following: (i) Act No. 30119 of 12 November 2013, granting workers in public and private employment the right to leave for the purposes of medical assistance and rehabilitation therapy for persons with disabilities; (ii) Act No. 30012 of 17 April 2013, establishing a leave entitlement for workers with immediate family members who are seriously or terminally ill or who have suffered a serious accident; (iii) Act No. 29992 of 6 February 2013, extending postnatal leave by 30 additional days in cases of children born with disabilities; and (iv) Act No. 27409 of 10 January 2001, establishing a leave entitlement for cases of adoption. The Committee also notes the Government’s indication that, by Act No. 30367 of 24 November 2015, maternity leave was extended to 98 days, with 49 days’ prenatal leave and 49 days’ postnatal leave. The Committee further notes that, as part of the National Family Support Plan 2016–21, a legislative proposal was made to extend paternity leave from four to 15 days. The Committee requests the Government to continue providing information on the application of measures aimed at enabling workers with family responsibilities who are employed or wish to be employed to enjoy the same opportunities as other workers, including measures concerning flexible working hours, part-time work, work at home or leave for the care of dependent children or any other immediate family member who needs care or support. The Committee also requests the Government to supply statistical information, disaggregated by sex, on the number of workers with family responsibilities who avail themselves of the leave provided for in the legislation.

Article 5. Childcare and family services and facilities. In its previous comments, the Committee asked the Government to continue providing information on the establishment of childcare services and to indicate whether other assistance services for other dependent family members exist. The Committee notes the Government’s indication that the Wawa Wasi National Programme (providing childcare), to which it referred in its previous report, has been absorbed by the Cuna Más National Programme, established by Supreme Decree No. 003-2012-MIDIS, providing day-care services and family support. The Committee notes that the day-care service is aimed at children aged between six months and 3 years living in areas of poverty and extreme poverty. According to the executive summary of the institutional operating plan for the programme for 2016, the target set for 2015 for the number of children receiving care in the day care service was 64,554, and by September 54,597 children had been recorded as care recipients. The Committee also notes that, according to the same document, the scope of action of the programme is predominantly urban, but the target criteria are in the process of being revised. The Government also states that on 8 February 2016, Supreme Decree No. 001-2016-MIMP was adopted, regulating Act No. 29896 of 2012 concerning the establishment of nursing (breastfeeding) areas in public and private sector institutions. The Committee also notes the information supplied by the Government on the preparation of a study on proposals to expand care coverage for children between 0 and 5 years of age in Peru. Regarding the setting up of these services (nursing areas and day care) and effective access to them, the Committee notes the CATP’s claim that there are a number of challenges relating to their insufficient provision at the local level, the distance between the workplace and workers’ homes, and the fact that, since access to these services is linked to workers’ contractual status, workers in the informal economy and workers whose contracts have been terminated are excluded. The CATP adds that there is a need to reinforce auditing of these measures and to allocate adequate financial resources for their implementation. While noting all this information, the Committee requests the Government to provide information on the availability of public care and assistance services in urban and rural areas, and to continue providing information on the implementation of the Cuna Más National Programme and any other relevant childcare or family assistance measures which have been adopted or planned, including in the context of the National Family Support Plan 2016–21 and other programmes aimed at extending the coverage provided by those services, adding statistical information on the number of beneficiaries and the difference between available and requested places, particularly in rural areas.

Article 6. Appropriate measures to promote better understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities. The Committee notes the information provided by the Government concerning promotion and awareness-raising activities undertaken by the Directorate for Family Support (at the Ministry for Women and Vulnerable Population Groups), including actions to promote joint responsibility for care provision and encourage the use of paternity leave, and also the production and distribution of 4,608 copies of the “Guide of good practice regarding the work–life balance”. The Committee also notes the observations of the CATP that there is no information on the actual impact of this guide as the scope of operation of the labour inspection system is limited to workers covered by “regime 728” (Legislative Decree No. 728, issuing the Employment Promotion Act) in the public and private sectors. The CATP also states that the communication strategy should be changed, that promotion and awareness-raising activities should begin in school, and that the Ombudsman’s Office should be involved in these activities. The Committee requests the Government to continue providing information on the awareness-raising and information measures adopted to promote better public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities, including information on measures designed and/or implemented in cooperation with workers’ and employers’ organizations, or in which the Ombudsman’s Office has been involved.

Article 8. Protection against dismissal. In its previous comments, the Committee noted the Government’s indication that there are no legislative provisions ensuring that family responsibilities cannot constitute a basis for the dismissal of workers. It asked the Government to state whether any complaints have been made regarding dismissal of workers on the basis of family responsibilities, and to take specific steps to ensure that workers are not dismissed on account of their family responsibilities. The Committee notes the Government’s statement that, according to reports of the Computerized Labour Inspection System (SIIT), a total of 23,521 inspection orders for unjustified dismissal were issued between 2014 and 2016. However, the Committee observes that it is unclear from this information whether these cases of unjustified dismissal include dismissals on account of family responsibilities. In this regard, the Committee also notes the CATP’s assertion that this information does not provide a full picture of the situation owing to the inadequacy of the inspection system, the failure to publicize the labour rights concerned, and the fact that numerous cases of dismissal of men and women workers on fixed-term contracts are considered to be the legitimate end of the employment relationship. The Committee further notes that section 1 of Act No. 30367 of 24 November 2015 amends section 29 of the single consolidated text of Legislative Decree No. 728 (Labour Productivity and Competitiveness Act) and prohibits any dismissal not only in relation to pregnancy but also on the grounds of “childbirth and its aftermath and nursing (breastfeeding)”. While noting this information, the Committee requests the Government to continue providing information on labour inspection activities including their adequacy, on efforts to publicize rights in relation to dismissal on account of family responsibilities, and any relevant decisions issued by ordinary courts of law, or other types of decisions concerning dismissals of workers on account of their family responsibilities (including in relation to men and women workers on fixed-term contracts), the penalties imposed and compensation granted, including information on the application in practice of section 29 of the Labour Productivity and Competitiveness Act, as amended by Act No. 30367 of 2015.

Articles 6 and 11. Information and participation of workers’ and employers’ organizations. The Committee notes that the Government provides information on the establishment of the “Peruvian paternity platform”, set up by state and civil society organizations and institutions and by enterprises, aimed at promoting equitable gender relations and men’s participation in care tasks. It also notes the Government’s indication that it is compiling relevant information to forward to the Committee. Moreover, the Committee notes that the CATP refers to the low level of participation of workers’ organizations in the formulation and adoption of plans and measures aimed at ensuring compliance with the Convention. The Committee encourages the Government to cooperate with employers’ and workers’ organizations in the formulation and application of measures aimed at giving effect to the provisions of the Convention, and to provide information in this regard.

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The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP) dated 9 September 2011 and of the General Confederation of Workers of Peru (CGTP) dated 4 October 2011.

Article 3 of the Convention. National policy. In its previous comments, the Committee noted the adoption of the Equal Opportunities Act (No. 28983 of 12 March 2007), which provides that the State shall adopt policies, plans and programmes that take account of the need to balance family and work responsibilities. The Committee notes the statements by the CATP and the CGTP that the Act should be publicized more widely and should be taken into account when formulating plans and policies. The Committee notes the Government’s statement that the National Equal Opportunities Plan 2006–10 has been adopted. The Committee notes that a strategy established in the Plan provides for the inclusion in development plans of action to promote shared family responsibilities, for the integration of community services, and for the fair exercise of the right to have access to and handle family resources. The Government also refers to the National Family Support Plan 2004–11, adopted in the context of the Family Support Act (No. 28542), on the basis of which the following were adopted: Supreme Decree No. 009-2006-MIMDES, which provides for the establishment of a facility for nursing mothers (a system for the storage of mother’s milk during the working day) in public institutions employing more than 20 women of childbearing age, and Supreme Decree No. 002-2007-MIMDES, which provides for the implementation of childcare services (Wawa Wasi) in public institutions employing more than 50 women of childbearing age or where there are at least 16 workers’ children who require such services. The Gender Equality Initiative 2011–15 was also adopted; its strategic objective concerning decent work provides for equal opportunities and reconciling work and family responsibilities, particularly through childcare services, maternity and paternity leave and recognition for companies that take account of these rights. The Government indicates that plans have also been implemented at provincial and regional levels. The Committee requests the Government to supply information on the specific measures adopted in the context of the National Equal Opportunities Plan 2006–10 and their impact on the implementation of the principles of the Convention. The Committee also requests the Government to provide information on the impact of the other plans and initiatives adopted, including the specific measures taken within companies to promote equality and address discrimination.

The Committee notes the information from the Government concerning the employment programmes that it has implemented, including Trabaja Perú, which benefited 505,039 heads of family, of which 335,339 are women. This programme interacts with the Wawa Wasi programme in order to ensure care for workers’ children who are between 6 and 47 months old. The Committee requests the Government to send further information on these programmes and on how they help to ensure equal opportunities and treatment of workers with family responsibilities with other workers with respect to employment and occupation.

Article 4. Leave entitlements. The Committee notes that in the context of the National Plan on Equal Opportunities between Women and Men 2006–10 a law was adopted granting the right to paternity leave to workers in the public and private sectors (Supreme Decree No. 014-2010-TR). Such leave is for a period of four days, cannot be replaced by another benefit, and must be used in the postnatal period before the discharge of the mother and child. The Committee notes the CGTP’s statement that there is a need to provide for longer paternity leave so that women and men can share the family responsibilities with regard to their children or other direct dependants. The Committee also notes the adoption of the regulations relating to Act No. 26644, which prescribe prenatal and postnatal maternity leave. The Committee recalls that the objective of the Convention is to enable persons with family responsibilities who are employed or wish to be employed to exercise their right to do so without being subject to discrimination and, as far as possible, without conflict between their employment and family responsibilities. Accordingly, hours of work and the arrangement of working time are of central concern to workers with family responsibilities (see General Survey on workers with family responsibilities, 1993, paragraphs 131 ff.). The Committee therefore requests the Government to indicate whether there are any other mechanisms or provisions established in the legislation, collective agreements or arbitration awards, such as reduced working hours, part-time work or any kind of leave, paid or unpaid, which enable men and women to reconcile better their work and family responsibilities. In particular, the Committee requests the Government to indicate the kind of measures and types of leave foreseen in the context of the Agenda for Equality between Women and Men 2011–15 referred to above.

Article 5. Childcare services and facilities. The Committee notes that the CATP and the CGTP refer to the need to establish mechanisms for achieving a balance between work and family responsibilities. The Committee notes the Government’s indication that in 2010, a total of 39 Wawa Wasis (institutional childcare centres) were set up benefiting 727 children. The Committee further notes that the Wawa Wasi childcare programme works in conjunction with employment programmes to cater for the needs of jobseekers with family responsibilities. The Committee requests the Government to continue to supply information on the establishment of child assistance services, particularly in the context of the Agenda for Equality between Women and Men 2011–15 and the Family Support Plan 2004–11. The Committee further requests the Government to provide information on whether other assistance services for other dependent family members exist. The Government is also requested to supply statistical information in this regard.

Article 6. Information and education. The Committee notes the awareness-raising and dissemination activities adopted by the Government in relation to the need to reconcile work and family responsibilities, and also the dissemination activities of the programme for facilities for nursing mothers in public institutions. The Committee notes that the Directorate for Family Support has plans to conduct a survey of the national legislation that recognizes the need to achieve a work–life balance. The Committee further notes that the strategy and objectives of the National Plan on Equal Opportunities between Women and Men 2006–10 and the Agenda for Equality between Women and Men 2011–15 include incorporating into education the concept of parental responsibility being shared between fathers and mothers. Accordingly, an objective of the abovementioned Plan was that 50 per cent of educational centres should have promoted models of responsible paternity and maternity in 2010 and established incentives for sharing family responsibilities. The Committee requests the Government to supply information on the specific manner in which these strategies and objectives are implemented and on the progress achieved in raising public awareness so that all workers with dependent family members can exercise their responsibilities and participate fully in the labour force. The Committee further requests the Government to provide information on any other dissemination or awareness-raising activities relating to the principle of the Convention and on the survey of the national legislation planned by the Directorate for Family Support.

Article 8. Protection against dismissal. The Committee notes the information supplied by the Government to the effect that there are no legislative provisions ensuring that family responsibilities cannot constitute a basis for the dismissal of workers. The Committee requests the Government to state whether any complaints have been made regarding dismissal of workers on the basis of family responsibilities. The Committee also requests the Government to take specific steps to ensure that workers are not dismissed on account of their family responsibilities. The Committee requests the Government to provide information on any developments in this respect.

Article 11. Cooperation with workers’ and employers’ organizations. The Committee notes the information supplied by the Government and requests it to indicate the manner in which workers’ and employers’ organizations have participated in the adoption of the plans and initiative referred to above.

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1. Articles 1 and 3 of the Convention. National policy regarding workers with family responsibilities. The Committee notes with interest that section 6(f), final part of Act No. 28983 (the Act on equality of opportunity for men and women) adopted on 12 March 2007, provides that “labour rights include the harmonization of family and work-related responsibilities”. The Committee welcomes this provision which, under the terms of section 6, has to be given effect in policies, plans and programmes, and thus may provide an important framework for the application of the Convention. The Committee requests the Government to keep it informed of the policies, plans and programmes adopted under this legislation, in particular pursuant to section 6(f) and on their application in practice.

2. Specific employment programmes for women workers with family responsibilities. The Committee notes the information provided by the Government, but considers that the information supplied is not sufficient to enable it to assess the manner in which the specific employment programmes benefit women with family responsibilities (without age limits), as set out in section 37(a) of Supreme Decree No. 002-97-TR. Please provide more detailed information, including statistics if any, on this matter.

3. Article 4. Terms and conditions of employment. The Committee notes the information provided by the Government and observes that it does not provide a clear indication of the types of leave available that give effect to the Convention in law. The Committee draws the Government’s attention to Paragraphs 22 and 23 of the Recommendation and paragraphs 157–172 of its General Survey on workers with family responsibilities of 1993. The Committee requests the Government to take the necessary measures to give effect to Article 4 of the Convention in relation to leave and to keep it informed of any measure adopted in this respect.

4. Article 5. Community planning and services. The Committee notes the full information provided by the Government on the Wawa wasi programme. Please provide specific information regarding the extent to which the needs of men and women workers with family responsibilities are taken into account in the planning of local and regional community services, with particular reference to the application of section 6(f) of Act No. 28983.

5. Article 6. Information and education. In its previous comments, the Committee requested information on the dissemination of the provisions of Convention No. 156 to the authorities responsible for planning, vocational training and employment so that they can be taken into account in the development of their various activities. The Committee notes that the information provided in the report does not reply to the request made by the Committee. Recalling that Article 6 establishes the obligation for governments to promote information and education which engender a broader public understanding of the principles of the Convention and the problems of workers with family responsibilities, the Committee once again requests the Government to give effect to this Article of the Convention and to provide information in its next report on the activities carried out to this end.

6. Articles 8 and 11. The Committee regrets that once again the report does not contain information relating to the requests that the Committee has been making since 1993 in relation to Articles 8 and 11 of the Convention and it urges the Government to provide the information requested. The relevant paragraphs of its previous direct request, which read as follows:

Article 8. The Committee requests the Government to provide information on any legislative provisions, collective agreements or court decisions ensuring that family responsibilities cannot constitute a basis for the dismissal of workers.

Article 11. The Committee once again requests the Government to supply information on the manner in which employers’ and workers’ organizations participate in the application of the provisions of the Convention.

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1. Articles 1 and 3 of the Convention. With reference to its previous comments on the adoption of a national policy to assist workers with family responsibilities, the Committee notes with interest the information provided by the Government in its report to the effect that Congress is discussing the adoption of the Bill respecting workers with family responsibilities, the text of which was evaluated by the Ministry of Labour and Social Development in report No. 10-99-TR-OAJ-OALS, of 18 March 1999, which was attached to the report. The Committee expresses the hope that the objective of the Act will be to promote the Convention and that it will therefore include within its scope not only men and women workers with responsibilities in relation to their dependent children (Article 1, paragraph 1, of the Convention), but also men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support (Article 1, paragraph 2, of the Convention). On this subject, the Committee wishes to draw the Government's attention to the possibility of seeking the technical assistance of the Office for the preparation development of legislation and would it be grateful if the Government would keep it informed in this respect.

2. The Committee notes that the Single Consolidated Text of Legislative Decree No. 728 (the Training and Employment Promotion Act), approved by Presidential Decree No. 002-97-TR, issued on 27 March 1997, establishes in section 37(a) that special employment programmes shall principally benefit women with family responsibilities regardless of age. The Committee requests information on the regulations issued under the above section, and particularly on the manner in which it has been applied in practice and the number of women who have benefited thereunder.

3. Article 4. In its previous comments, the Committee noted that the Government could not transmit copies of collective agreements, since the requirement of administrative authorization for such agreements had been abolished and such documents were therefore in the possession of employers' and workers' organizations. The Committee nevertheless repeated its request in the hope that the Government would transmit copies of such agreements, perhaps with the assistance of employers' and workers' organizations. The Committee regrets to note that the Government repeats its previous reply and it therefore hopes that the Government will provide the fullest possible information on the application of Article 4 in relation to terms and conditions of employment and social security. It would like to be informed, for example, as to whether measures exist in the public or private sector, and whether consideration has been given to their regulation in the Bill respecting workers with family responsibilities, relating to special leaves of absence as set out in Paragraph 22 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), and Paragraph 23 of the Recommendation (leave of absence in the case of the illness of a member of the family, child or other member of the immediate family who clearly needs the worker's care or support), as well as on social security and fiscal measures. The Committee refers to paragraphs 128 to 181 of its General Survey on workers with family responsibilities, 1993.

4. Article 5. The Committee notes that the Ministry for the Promotion of Women and Human Development (PROMUDEH) has been engaged in the intensive development of the Wawa Wasi programme, which seeks to develop the so-called Cuidado Comunitario homes, which provide very poor women with family responsibilities with an opportunity to improve their access to employment by providing care for their children. It also notes that the National Family Welfare Institute (INABIF) has established day-care centres, a service provided in different areas of the community to parents with family responsibilities with children between six months and 12 years of age. The Committee requests information on the number of children for whom care is provided under these programmes and on whether they operate at the national level, or only in certain districts. The Committee also repeats its request for information on nurseries. It notes from the report that the Government is unable to provide statistical information on the progress made in the assistance provided to the children of workers through the operation of the so-called nurseries, due to the lack of resources, since the national economy has been affected by the phenomena of "El Niño" and "La Niña". The Committee hopes that the Government will provide the fullest possible statistical information in its next report on the nurseries envisaged under section 20 of Act No. 2851 and in section 26 of the regulations issued thereunder, in accordance with which care is to be provided for the children of "women workers" until the children reach the age of 1 year. Furthermore, it recalls that the Convention covers not only women workers, but all workers with family responsibilities, regardless of sex, and requests the Government to take this into account with a view to incorporating this concept into the legislation at an appropriate time.

5. Article 6. The Committee notes the conclusion in 1999 of an agreement with the United Nations Population Fund, under which a subprogramme on sexuality and reproductive health is to be designed and implemented, which will include sexual and reproductive rights, safe maternity and responsible fatherhood, self-esteem and the right to health services. The Committee requests the Government to provide information on the outcome of this project and on any other measures designed to promote broader public understanding of the principle set out in the Convention by means of information and education. Please indicate whether actions of this nature have been envisaged with the participation of employers' and workers' organizations.

6. Articles 7, 8 and 11. The Committee notes that the Government's report does not contain information in reply to the requests made by the Committee concerning Article 7, 8 and 11 of the Convention and it therefore refers to its previous direct request, which read as follows:

Article 7. In its previous report, the Government indicated that it intended to bring the Convention to the attention of the authorities responsible for planning, vocational training and employment, so that they could take it into account in restructuring their activities. The Committee notes that no information is provided on the progress achieved in this respect. It therefore reiterates the hope that the Government will, in its next report, be able to indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 8. The Committee requests the Government to provide information on any legislative provisions, collective agreements or court decisions ensuring that family responsibilities cannot constitute a basis for the dismissal of workers.

Article 11. The Committee once again requests the Government to supply information on the manner in which employers' and workers' organizations participate in the application of the provisions of the Convention.

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The Committee notes the Government's report and the copy of an earlier report which had not been received.

1. Article 3 of the Convention. The Committee notes the Government's reply in which it refers to the special employment programmes established under the Employment Promotion Decree (Legislative Decree No. 728, of November 1991) and its Regulations (Presidential Decree No. 004-93-TR, of April 1993). It notes that section 131(a) of Decree No. 728 refers only to "women with family responsibilities without limit of age". In the absence of detailed information concerning the manner in which the above programmes take into account the family responsibilities of their beneficiaries, the Committee requested the Government to indicate the measures envisaged to enable workers with family responsibilities who benefit from the provisions of Decree No. 728 to do so without conflict between their family responsibilities and their employment.

Since no reply has been received in this respect, the Committee once again requests the Government to supply the information requested in the second and third paragraphs of point 1 of its previous direct request, which read as follows:

The Committee once again draws the Government's attention to the obligation imposed under Article 3 on each member State to make it an aim of national policy to enable workers with family responsibilities to engage in employment without being subject to discrimination. While the adoption of a national policy to assist workers with family responsibilities is to be formulated within the context of a policy of equality of opportunity and treatment for men and women workers, the measures required under Article 3 are more specific.

The Committee hopes that the next report will indicate the measures taken or envisaged to adopt the national policy called for in Article 3 of the Convention.

2. Article 4. With reference to the collective agreements referred to by the Government in its previous reports as an additional source of legal measures to establish and take into account special protective measures for workers with family responsibilities in relation to access to employment, conditions of employment and social security, the Committee notes the information supplied in the Government's report concerning the amendments to the legislation which have eliminated the need for collective agreements to be approved administratively. With reference to the Government's statement that these agreements are binding, the Committee requests the Government to furnish the copies previously sought, perhaps through the assistance of employers' and workers' organizations.

3. Article 5. The Committee notes the information supplied by the Government concerning the lack of resources available to compile statistics on the numbers of nurseries in the public sector and the progressive closing down of these facilities due to the lack of budget allocations. It also notes the launching of the "community educational homes" project by the Development Institute (INIDE), with the objective of caring for and bringing up a group of six children in the home of one of their mothers under the direction of a responsible person. In this respect, the Committee requests the Government to supply detailed information in its next report on the scope, activities and extent to which needs are covered by the project (including the ages of the children and whether they are operated by the public or private sectors).

With regard to the assistance provided to the children of workers in the private sector, the Committee requests the Government to supply detailed information on the operation of nurseries established under section 20 of Act No. 2851 and section 26 of its Regulations, in which care must be provided for the children of "women workers" (excluding the children of male workers) until they reach the age of 1 year. The Committee notes the Government's statement that the needs of workers with family responsibilities are taken into account when planning community assistance services. The Committee once again requests detailed information on the manner in which the needs of workers with family responsibilities are taken into account when planning community assistance services.

4. In view of the absence of a reply in this respect, the Committee once again requests the Government to supply the detailed information referred to in the following paragraphs of its direct request of 1993, which read as follows:

Article 6. The Committee notes that no information has been provided on the application of this Article. It again stresses the importance of taking appropriate measures to promote information and education to foster a better understanding of the principles of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities. The Committee also hopes that the Government will be able to indicate the measures taken in this regard in its next report.

Part V of the report form. The Committee requests the Government to continue to supply the statistical information called for under this point in the report form.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the information and statistics contained in the Government's report. It would like to draw attention to the following points:

1. Article 3 of the Convention. The Committee refers to its previous comments in which it noted the constitutional and legislative provisions relating to equal opportunities, non-discrimination and the protection of the working mother. In its comments the Committee had pointed out that national legislation did not make specific reference to workers with family responsibilities and that there appeared to be no policy aiming at enabling persons with family responsibilities to exercise their right to be employed without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In its most recent report the Government provides information concerning the right to equal pay for equal work between men and women.

The Committee would again draw the Government's attention to the obligation imposed under Article 3 on each member State to make it an aim of national policy to enable workers with family responsibilities to engage in employment without being subject to discrimination. While the adoption of a national policy to assist workers with family responsibilities is to be formulated within the context of a policy of equality of opportunity and treatment for men and women workers, the measures required under Article 3 are more specific.

The Committee hopes that the next report will indicate the measures taken or envisaged to adopt the national policy called for in Article 3 of the Convention.

3. Article 5. The Committee notes from the Government's most recent report that child-care facilities are provided for children of workers in the public sector in order to assist such workers with their family responsibilities and that such facilities are regulated by internal resolutions of each section and by collective agreement. The Committee would be grateful if the Government would supply information, including statistics, on the extent to which the presently existing child-care facilities meet the demand for such facilities and the manner in which the cost of such facilities is borne. The Committee hopes the Government will also be able to indicate in its next report the measures taken to provide such facilities for workers in the private sector.

The Committee would be grateful if the Government would indicate in its next report whether any family services other than child care exist to assist workers in reconciling their work and family responsibilities with dependants other than children.

Further, the Committee requests the Government to indicate how account is taken of the needs of workers with family responsibilities in community planning.

Article 6. The Committee notes that no information has been provided on the application of this Article. It again stresses the importance of taking appropriate measures to promote information and education to foster a better understanding of the principles of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities. The Committee hopes the Government will be able to indicate the measures taken in this regard in its next report.

Article 7. In its previous report the Government had indicated that it intended to bring the Convention to the attention of the authorities responsible for planning, vocational training and employment, so that they could take it into account in restructuring their activities. The Committee notes that no information is provided on the progress achieved in this respect. It therefore reiterates the hope that the Government will, in its next report, be able to indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 8. The Committee requests the Government to provide information on any legislative provisions, collective agreements, or court decisions ensuring that family responsibilities cannot constitute a basis for dismissal in employment.

Article 11. The Government is again asked to provide information on the manner in which employers' and workers' organizations participate in the application of the provisions of the Convention.

Part V of the report form. The Committee requests the Government to continue to supply statistical information called for under this point in the report form.

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The Committee takes note of the information and statistics contained in the Government's report. It would like to draw attention to the following points:

The Committee hopes that the next report will indicate the measures taken or envisaged to adopt the national policy called for in Article 3 of the Convention.

2. Article 4. The Government reiterates that collective agreements take into consideration the needs of workers with family responsibilities. The Committee again requests the Government to supply with its next report the text of collective agreements which provide special measures for workers with family responsibilities as regards access to employment, terms and conditions of employment or social security. In this regard, the Committee would again refer to paragraphs 17 through 23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165) which provide examples of arrangements which may enable workers with family responsibilities to reconcile their employment with their family responsibilities and paragraphs 27 to 31 which indicate the type of measures which could be taken in the area of social security.

Further, the Committee requests the Government to indicate how account is taken of the needs of workers with family responsibilities in community planning.

Article 6. The Committee notes that no information has been provided on the application of this Article. It again stresses the importance of taking appropriate measures to promote information and education to foster a better understanding of the principles of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities. The Committee hopes the Government will be able to indicate the measures taken in this regard in its next report.

Article 11. The Government is again asked to provide information on the manner in which employers' and workers' organisations participate in the application of the provisions of the Convention.

Point V of the report form. The Committee requests the Government to continue to supply statistical information called for under this point in the report form.

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The Committee takes note of the discussions that took place in the Conference Committee in 1990. In the absence of new information provided by the Government, the Committee is obliged to reiterate the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. The Committee notes that although the national Constitution provides that "men and women enjoy equal opportunities and bear equal responsibilities", and contains several provisions relating to non-discrimination and the protection of the working mother, the national legislation does not make specific reference to workers with family responsibilities, and it appears that there is no policy aiming at enabling persons with family responsibilities to exercise their right to be employed without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. The Committee hopes that the next report will indicate the measures taken or envisaged to adopt such a policy, as called for in Article 3 of the Convention.

Article 4(b). The report states that collective agreements take into consideration the needs of workers with family responsibilities and grant them indemnities. The Committee would be grateful if the Government would supply with its next report the texts of collective agreements which provide special measures for workers with family responsibilities as regards conditions of employment and social security. In this regard, the Committee refers to Paragraphs 17 to 23 of the Workers with Family Responsibilities Recommendation (No. 165), 1981, which provide examples of arrangements which may enable workers with family responsibilities to reconcile their employment with their family responsibilities and Paragraphs 27 to 31 which indicate the type of measures which could be taken in the area of social security.

Article 5. The report states that day-care facilities are provided for the children of workers in the public sector. The Committee hopes that the Government will indicate, in its next report, the means by which these facilities are ensured and the measures taken to provide such facilities for the private sector. It also requests the Government to indicate the number and nature of community child-care and family services and facilities, in compliance with the report form.

Article 6. The report states that no specific measures of information and education have been taken to promote a better understanding of the principles of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities. The Committee stresses the importance of the measures provided for by this Article of the Convention and hopes that the next report will indicate the progress made in this regard (in this connection see Paragraphs 10 and 11 of Recommendation No. 165).

Article 7. The report states that no special measures have been taken in the field of vocational guidance and training for workers with family responsibilities. However, it is proposed to bring the Convention to the attention of the authorities responsible for planning, vocational training and employment, so that they take it into consideration in restructuring their activities. The Committee hopes that the next report will indicate the measures taken or envisaged to give effect to Article 7 of the Convention, and it draws attention to Paragraphs 12 to 15 of Recommendation No. 165, which give examples of measures that may be taken.

Article 8. The report states that in the national legislation family responsibilities do not constitute a valid reason to terminate an employment relationship. The Committee hopes that the next report will provide the information called for in the report form.

Article 11. The Government is asked to indicate the manner in which the participation of employers' and workers' organisations provided for in this Article is ensured.

Point V of the report form. The report states that the majority of the population has family responsibilities. The Committee would be grateful if the Government would supply, in its next report, statistical data on the numbers and breakdown by sex of workers with family responsibilities who are in employment or are seeking work, if such data are available.

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The Committee takes note of the first report of the Government. It would like to draw attention to the following points:

Article 11. The Government is asked to indicate the manner in which the participation of employers' and workers' organisations provided for in this Article is ensured.