Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report, the information supplied in reply to its previous direct request and the attached documentation.

Article 3 of the Convention. Although it notes the information contained in the Government's report and the annexes to the report on programmes intended for the family, the Committee once again requests detailed information on the national policy adopted with the specific aim of enabling persons with family responsibilities who are engaged or wish to engage in employment to do so, without being subject to discrimination and to the extent possible, without conflict between their employment and family responsibilities.

Article 4, paragraph (a). The Committee notes that, according to the report, no specific measures have been taken to implement this provision. It hopes that such measures will be taken and requests the Government to supply information on any action taken or envisaged to enable workers with family responsibilities who are engaged or wish to engage in employment to exercise their right to free choice of employment, with a view to creating effective equality of opportunity and treatment for men and women workers.

Paragraph (b). The Committee notes the Government's statement that no practical measures have yet been adopted, such as flexible working hours or job-sharing, to enable working parents in both the public and private sectors to reconcile their employment and family responsibilities. The Committee hopes that measures will be taken to implement this provision and requests the Government to supply information on any such action. The Committee also notes the supplementary benefits provided under the current social security system, such as: unemployment allowances; supplementary family allowances for workers with a wife, children or other family dependants; and benefits related to maternity, children and the family. In view of the fact that one of the principal objectives of the Convention is to enable workers of both sexes with family responsibilities to combine those responsibilities with their employment in the most harmonious manner possible, both in respect of dependent children and other members of their family who clearly need their care or support, the Committee requests the Government to supply detailed information on the measures which have been adopted or are envisaged to achieve that objective.

Article 5. 1. Child-care facilities and services. The Committee notes with interest the information supplied by the Government in its report. It requests the Government to continue supplying information on the development of the national plans (e.g. the plan for assisting children and the family) and the results achieved by these plans.

2. Services and facilities for other members of the family. The Committee takes due note of the information supplied by the Government concerning the programme which was due to begin in August 1993 to implement a strategy of assistance for the elderly. It would be grateful if the Government would supply information concerning the development of this programme and the results achieved.

Article 6. In its previous direct request, the Committee requested the Government to supply information on "any public information and education activities undertaken to foster an understanding of the problems faced by workers with family responsibilities", as set out in section 6 of Act No. 16045. The Government states in its report that it has not been considered necessary at the current time to undertake specific information campaigns. So as to be able to undertake an analysis of the application of this Article, the Committee requests the Government to supply detailed information indicating the grounds upon which it has not been considered necessary to undertake such campaigns.

Article 7. In its previous direct request, the Committee requested the Government to supply information on the effect given in practice to Act No. 16045, of 2 June 1989, to enable workers with family responsibilities to enter and remain in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities. In reply, the Government attaches to its report a decision of 1992 in which the Labour Court of Appeal, basing its decision on the ambiguity contained in the 1950 Act respecting maternity leave between the right to re-enter employment and the retention of the worker's post after such leave, imposed the penalty of the payment of compensation and not permanent reinstatement in the job. The Committee draws the Government's attention to paragraph 124 of its 1993 General Survey on this Convention, in which it points out that "questions concerning maternity leave are outside the scope of application of the instruments under review here, although these matters obviously constitute an important part of any national policy in the area of equality of opportunity and treatment". The Committee would be grateful if the Government would clarify whether this decision affects the right to return to work after taking leave for family responsibilities. It asks the Government to supply detailed information on the measures which have been adopted or are envisaged to ensure that women workers keep their jobs when they return to work following such leave.

Article 8. The Committee requests the Government to supply detailed information on the effect given in practice to Act No. 16045 (section 2(H)), and on the other measures which have been taken or are envisaged to protect workers against dismissal, suspension or other disciplinary measures for having fulfilled their family responsibilities. The Committee requests the Government to supply information in its next report on the scope and the effect given in practice to sections 1 and 2(H) of Act No. 16045 with regard to the prohibition of discrimination against workers with family responsibilities. It would also be grateful if the Government would supply information on any legislation or judicial ruling which explicitly prohibits discrimination against workers with family responsibilities who are preparing to engage in, participating in or returning to economic activity.

Article 11. The Committee notes the information supplied by the Government concerning the participation in practice of employers' and workers' organizations in the application of the Convention through collective bargaining. In view of the fact that the Convention also covers the participation of employers' and workers' organizations in devising the measures to give effect to the principles set out in the Convention, the Committee requests the Government to supply information on their participation in this respect.

Point V of the report form. Please supply copies of current collective agreements which illustrate the general application of the provisions of this Convention.