Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Further to its observation, the Committee repeats its previous comments, which read as follows:

The Committee notes the information contained in the Government’s report and attached documentation.

1. Article 2 of the Convention. The Committee notes the Government’s indication that legislative provisions limiting night work and other provisions of the Child Care and Family Leave Act apply to workers on fixed-term contracts. The Committee notes that article 2 of the Law Concerning the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave, Act No. 107 of 9 June 1995, appears to exclude day labourers and workers on fixed-term contracts from entitlement to childcare leave. The Committee requests the Government to supply concrete information indicating those provisions limiting night work, overtime work and provisions of Act No. 107 which are extended to workers on fixed-term contracts, as well as to categories of workers other than full-time salaried employees (part-time workers, wage-based workers, etc.).

2. Referring to its earlier comments concerning whether workers with daily contracts and workers with fixed-term contracts are excluded from the application of the law on childcare and family care leave, the Committee notes the Government’s indication that it is possible that workers on fixed-term contracts be granted childcare and family care leave, but that it is not the employer who decides on this point. The Committee requests the Government to clarify its response on this point, and to indicate under what circumstances this leave may be granted to daily workers and workers on fixed-term contracts, as well as to indicate who in fact decides on this point if not the employer.

3. Article 3. Referring to its previous comments on Law No. 9 of 2 July 1992 respecting temporary measures to promote the reduction of working time, the Committee notes the Government’s statement that, although the law was initially intended to be abolished on 31 March 2001, it was instead extended by five years. The report indicates that the Government is still working on the issue of the reduction of working hours. Noting that the organization of working time, including flexible working arrangements and reduced hours, is essential to help workers balance their work and family responsibilities, the Committee asks the Government to keep it informed on any developments regarding Law No. 9 as well as the measures taken or contemplated by the Government in this regard.

4. Article 4. The Committee notes the Government’s explanation that section 12(6) of the regulations issued under the law respecting minimum working conditions (No. 23 of 1947) also applies to daily workers.

5. Article 6. The Committee notes with interest that studies concerning the impact on employers and workers of promotional campaigns relevant to the Convention show a marked increase in the number of workplaces providing for childcare and family care leave in their enterprise regulations. The Government indicates that the use of family-friendly employment practices is increasing, as is the total amount of childcare and family care leave subsidies provided by the Government to employers assisting their employees in balancing their work and family responsibilities. The Government indicates that the number of women workers taking childcare leave has also increased. The Committee asks the Government to indicate whether there has been a corresponding increase in the number of men taking either childcare or family care leave as a result of the promotional campaigns. The Committee would be grateful if the Government would continue to supply information in this regard.

6. The Committee notes the FY2000 Annual Report on the State of Formation of a Gender-equal Society and Policies to be Implemented in FY2001 to Promote the Formation of a Gender-equal Society ("FY2000 Annual Report") supplied by the Government, which states that very little change was observed in perceptions of fixed-gender roles from 1995 to 2000 and that such perceptions ‘remain as firmly rooted as ever’. Recalling the Preamble to the Convention, which recognizes that ‘a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women’, the Committee requests the Government to indicate the measures taken or envisaged to promote information and education to raise 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, as well as a climate of opinion conducive to overcoming these problems. Please supply a copy of the Annual Report with the Government’s next report.

[The Government is asked to report in detail in 2003.]