Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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.