Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. General note on the Convention’s purpose. The Committee notes that the Government’s first report refers almost exclusively to measures intended to prevent discrimination against women, including women with children. The Committee hopes that in its next report the Government will address the wider issues covered by the Convention, including measures to ensure that workers with family responsibilities - whether men or women - do not suffer discrimination as compared to workers without such responsibilities.

2. Article 1 of the Convention. Definitions. The Committee notes from the Government’s report that no legislative definitions of either "dependent child" or "other members of the immediate family who clearly need care and support" exist. The Committee recalls that Article 9 provides that the provisions of the Convention may be applied by laws or regulations, collective agreements, works rules, arbitration awards, court decisions or a combination of these or in any other manner consistent with national practice. The Committee therefore asks the Government to consider whether definitions of dependent child and other members of the family exist in such texts and to provide copies with its next report.

3. Article 2. Excluded categories of workers and branches of activity. The Government reports that workplaces with fewer than five employees are often excluded from the application of legislation relevant to the application of the Convention. The Committee notes in this respect that workplaces employing less than five employees receive no protection under the Equal Employment Act in the areas of wages, training, deployment and promotion, retirement and dismissal and, under the Labour Standards Act, in the areas of severance pay, working hours, extended work, system of extended leave, monthly leave, annual leave and nursing leave.

4. The Committee further notes that: (i) domestic workers are excluded from coverage of both the Equal Employment Act and the Labour Standards Act; (ii) agricultural workers and part-time workers with less than 15 hours work per week are excluded from coverage of the Labour Standards Act in relation to working hours and holiday; (iii) agricultural workers, domestic workers and certain foreign workers are not eligible for benefits under the Employment Insurance Act, including childcare leave and maternity leave; and (iv) "dispatched" workers (i.e. contract workers) are not protected under the equality of treatment provision under the Labour Standards Act.

5. The Committee recalls that the Convention was intended to cover all workers whether in full-time or part-time, temporary or other forms of employment (see General Survey on workers with family responsibilities, 1993, paragraph 46). It was also agreed in the preparatory discussions that the Convention should cover all workers living in a particular country, whether or not they were nationals of that country. Please provide further information on how the Convention is applied to all these categories of workers, currently excluded from the relevant legislation, and whether it is intended that they shall all be covered by the relevant legislation in future.

6. The Committee also requests the Government to provide more information on the proportion and type of foreign workers who are not entitled to the status of sojourn under section 18(1) of the Immigration Control Enforcement Decree and therefore are excluded from childcare and maternity benefits under the Employment Insurance Act. The Committee also requests the Government to provide a copy of the Enforcement Decree to the Equal Employment Act.

7. Article 3. National policy. The Committee notes from the Government’s report the various measures adopted to ensure implementation and acceptance of its non-discrimination policy between men and women workers. The Committee appreciates that these measures are relevant and important, particularly as women tend to be charged primarily with family responsibilities, so programmes undertaken specifically to assist them may be viewed as having a positive effect on the application of the Convention (see General Survey on workers with family responsibilities 1993, paragraph 103). However, the Committee considers that these measures alone do not constitute an explicit, coherent national policy aimed at enabling men and women workers with family responsibilities to be employed without discrimination and to assist them in reconciling their work and family obligations. The Committee recalls that governments should commit themselves to an explicit national policy in the form most appropriate to national conditions which aims specifically at enabling workers with family responsibilities to engage in employment without conflict between their professional and family duties (see 1993 General Survey, paragraph 63). The Committee asks the Government to provide information on the measures it is taking to develop a coherent and coordinated policy whose overall objective is to create equality for men and women workers with family responsibilities.

8. Article 4. Vocational training, working hours and leave entitlements. The Committee notes the positive measures detailed in the report to promote and facilitate women’s access to the labour market in particular through the provision of specialized vocational training. It notes that 48.6 per cent of participants in vocational skill development training were women in 2000 and 47 per cent in 2001. The Committee also notes the statement in the report that the Government has provided assistance to women heads of household to create their own businesses. Please provide more information on the number of women entering or re-entering the labour force following vocational training, and on the numbers of women assisted in setting up businesses. It also asks the Government to clarify whether men, whose family responsibilities may restrict their opportunities for economic activity, have equal access to programmes to promote access to the labour market or create their own businesses.

9. The Committee also notes with concern from the Government’s report under Convention No. 100 that 36.5 per cent of working women and 46.7 per cent of working men worked in excess of 54 hours per week in 2000. This widespread practice of excessive overtime work does not appear compatible with family-friendly policies in the workplace. Although the Committee notes that weekly hours have recently been reduced from 44 hours to 40 hours per week it asks the Government to provide information on the measures it is taking in practice to regulate working hours and to ensure that a better balance is achieved in the workplace between work and family responsibilities.

10. The Committee also notes that the legislation currently does not contain any flexible working hour arrangements for employees to allow them, for instance, to adapt their working hours in order to facilitate the collection of children from school (see 1993 General Survey, paragraph 131). Please indicate any measures to be taken to provide for flexible working time arrangements as a means of implementing family-friendly practices in the workplace.

11. The Committee notes the information in the Government’s report on childcare leave entitlements. It asks the Government to provide statistics on the numbers of men and women exercising their right to childcare leave, and whether such benefits have been paid to men. The Committee also notes that the Government provides employers with incentives to promote the exercise of childcare leave, and asks the Government to indicate any measures taken to encourage the exercise of childcare leave by men as well as women.

12. The Committee has noted that there are no special leave entitlements under either the Equal Employment Act or the Labour Standards Act with respect to responsibilities arising in connection with family members other than children or in connection with sick children (as opposed to young children). The Committee asks the Government to provide more information on the application of the Convention in these contexts.

13. Article 5. Childcare and family facilities. The Committee notes the information on the number of childcare facilities by region. No information was provided, however, on the number of workers with family responsibilities engaged in and seeking employment in those regions, the number and age of children requiring care or the needs and preferences for certain kinds of care. The Committee therefore asks the Government to provide information on the measures it is taking to assess the needs and preferences of workers for childcare and family services and systematically develop such childcare and family services and facilities.

14. Article 6. Public information and education. The Committee notes that the Government conducts information campaigns to promote equal employment. Please provide information on any promotional measures taken to encourage the sharing of family responsibilities between men and women and enable workers with those obligations better to meet their employment and family commitments.

15. Part IV of the report form. The Committee requests the Government to provide copies of court or tribunal decisions that may have involved questions relating to the application of the Convention.