Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

1. According to the Government, Act No. 2693/1998 issuing the “regulations on industrial relations, the establishment of the labour inspectorate and other provisions” has amended certain provisions of Act No. 1483/1984 on “the protection of workers with family responsibilities and the facilities granted to them”. The Committee understands that enterprises with fewer than 100 employees are now covered by all the provisions of Act No. 1483/1984 and, in particular, that since the Act came into force, the employees are able to apply for parental leave (3½ months’ unpaid leave per parent to be taken in a period immediately after the maternity leave and before the child reaches the age of 3½). The Committee welcomes this information. Since the Government’s report does not refer to the situation of workers who have no work contract and are apparently excluded from the benefit of Act No. 1483/1984, the Committee would be grateful if the Government would indicate which provisions of Convention No. 156 apply to this category of workers. Recalling that seafarers are also excluded from the scope of the abovementioned Act, the Committee reiterates its question about the type of benefits allocated to seafarers – of both sexes – under the Special Family Benefits Fund for Seafarers so that they may exercise their right to engage in employment without conflict between their employment and family responsibilities. Noting further that a ministerial order setting the maximum number of days’ absence granted to supervise the schooling of children in primary and secondary schools is in the process of being drafted, the Committee asks the Government to state whether this entitlement also applies to workers of both sexes in the private and public sectors. Please also provide a copy of the text finally adopted.

2. With regard to the public service, the Committee notes that since the adoption of the Public Servants Code (Act No. 2683/1999), public servants, including men, are now able to take unpaid leave for two years for every child under 6 years of age – in addition to the 3½ months’ parental leave mentioned above. Noting also that, according to the Government, section 16 of Act No. 2527/1997 provides for one month’s fully paid leave for women public sector employees who adopt a child under 6 years of age, the Committee would be grateful if the Government would state whether male public employees in the same position are excluded from this entitlement.

3. The Committee again asks the Government to state whether, under the new legislation (Act No. 2683/1999), male teachers with children under 2 years of age may also benefit from the reduction of two hours in the weekly timetable, as provided in section 30(14) of Act No. 2083/1992 on “the modernization of higher education”. The Committee recalls in this connection that Convention No. 156 applies to workers of both sexes with family responsibilities and that it is based on the postulate that men and women must assume equal responsibilities for their children and have the same share in family obligations, so that men and women have equal access to all existing services and arrangements in this area. For there to be real equality of opportunity and treatment between men and women in employment and occupation, there must be an improvement in general working conditions for all workers.

4. The Committee notes from the Government’s report that the allowance for every unprotected child under 16 years of age is paid to full orphans, orphans who have lost their father or whose father has abandoned the family or is unable to work owing to invalidity or certain diseases. It would be grateful if the Government would indicate whether orphans who have lost their mother or whose mother has abandoned the family or is unable to work owing to invalidity or disease are also entitled to the above allowance.

5. The Committee notes the efforts made by the Government to develop public and private community services, such as childcare and family help services or facilities. It also notes the statistical data on the number of such facilities supplied in the report. With regard to the pilot programme concerning the opening of kindergartens in the afternoon, the Committee notes that this programme is open to mothers engaged in shift or non-continuous work who are therefore unable to ensure the necessary care and education during the afternoon, and asks the Government to state whether it is planned ultimately to extend this programme to fathers engaged in shift or non-continuous work. Noting that the Ministry of Health and Welfare plans to extend the experience, the Committee asks the Government to continue to inform it of any progress made in this area, in view of the fact that, as the number of kindergartens or facilities for childcare open during the afternoon grows, it should ultimately be possible for workers with family responsibilities, be they men or women, fully to exercise their right freely to choose their employment, i.e. on an equal footing with workers who have no family responsibilities, and thus avoid their being over-represented in precarious or part-time jobs. Noting that the Government’s report says nothing of community services for dependants other than children, particularly “open centres for the welfare of the elderly”, the Committee again asks the Government to send statistics of the number of such centres and to state whether there are any plans to extend these services or create similar ones in rural areas.

6. Lastly, the Committee would appreciate receiving information on the manner in which workers’ and employers’ organizations contribute to the preparation and enforcement of measures to give effect to this Convention, in particular through negotiated conditions of employment, which take precedence over the provisions of Act No. 1483/1984 (pursuant to section 16 of the latter).