ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Workers with Family Responsibilities Convention, 1981 (No. 156) - Bolivia (Plurinational State of) (Ratification: 1998)

Display in: French - Spanish

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(2) of the Convention. Scope of application. The Government refers, in its report, to Act No. 977 of 2017 on labour reintegration and economic assistance for persons with disabilities, which establishes labour reintegration and employment security for the spouse or carer responsible for one or more persons with disabilities under 18 years with disabilities, or with severe or very severe disabilities. The Committee notes this information.
Article 2. Branches of economic activity and categories of workers. The Committee notes that, with regard to own-account workers, the Government: (1) refers to various family allowances, including the Juancito Pinto allowance, which aims to incentivize the enrolment, maintenance in school and completion of the school year of primary school-aged children; and (2) indicates that Act No. 1455 of 2022 to protect and guarantee the activities developed by own-account union workers establishes various rights, duties and guarantees for these workers, and measures to access credit, housing programmes, health services and social security. The Committee observes that, while the aforementioned Act does not explicitly refer to workers with family responsibilities, it does refer to the right of own-account traders “to work in line with their needs”. The Committee requests the Government to indicate whether, under Act No. 1455 of 2022, own-account workers have been able to benefit from specific measures that enable them to reconcile their working life with family responsibilities (such as by accessing social security benefits or systems for paid leave).
Article 3. National policy. With regard to the national policy to facilitate the reconciliation of work and family life of workers with family responsibilities without discrimination, the Government reports: (1) the establishment, through Supreme Decree No. 4401 of 2020, of employers’ obligation to promote measures to enable men and women to, on an equal footing, perform their work and professional obligations, and care duties relating to maternity, paternity, nursing and others subject to specific rules (section 6); (2) the possibility of filing complaints of discrimination based on family responsibilities with the National Committee Against Racism and All Forms of Discrimination (CNCRD) under Act No. 45 of 2010; and (3) the adoption of Supreme Decree No. 3106 of 2017, which empowers the Ministry of Labour, Employment and Social Security to adopt standards for the reconciliation of women’s work and family life (section 10). With respect to the latter, the Committee recalls the importance of ensuring that measures taken to implement the Convention do not in practice reflect an assumption that the main responsibility for family care lies with women, or exclude men from certain rights and benefits, which would have the effect of reinforcing stereotypes regarding the roles of women and men in the family and in society (see General Survey 2023, paragraph 175). The Committee requests the Government to provide information on any measures adopted within the framework of Supreme Decree No. 4401 of 2020 and Supreme Decree No. 3106 of 2017 to facilitate the reconciliation of work and family life for workers with family responsibilities and to promote equal distribution of family responsibilities between men and women.
Article 4. Equality in terms and conditions of employment. The Committee notes with interest the Government’s reference to the establishment, through Supreme Decree No. 3462 of 2018, of special leave for mothers, fathers, carers or guardians of children and adolescents in a critical condition or state of health, with full pay. In addition, the Government indicates that Supreme Decree No. 4709 of 2022 was adopted, amending the regulatory decree to the General Labour Act to establish split holidays and ways of accumulating it. The Committee warmly welcomes the Government’s efforts and recalls that the measures to take account of the needs of workers with family responsibilities with respect to their working conditions may be diverse (see General Survey 2023, chapter 7 and general observation 2020). The Committee requests the Government to provide information (or, if not available, to indicate whether it intends to gather information) on how many workers with family responsibilities have benefited from special leave and split or accumulated holidays. The Committee also requests the Government to continue providing information on any other measures that enable workers to reconcile family responsibilities with their working life (for example, measures for flexible working hours or teleworking).
Article 5. Services and facilities for the care of children and other family members. The Committee notes the information provided by the Government regarding the system for the detection and prevention of child labour, and the various services made available in this respect. The Committee recalls that Article 5 of the Convention concerns the development of services and measures of assistance (for example, childcare services, and affordable and quality long-term care) in order that workers with family responsibilities can improve the balance between such responsibilities and their working life (see General Survey 2023, paragraphs 753–799). The Committee observes, in this respect, that (1) Supreme Decree 3106 of 2017 empowers the Ministry of Labour, Employment and Social Security to monitor public and private institutions in order to guarantee the establishment of nurseries and nursing rooms in workplaces; and (2) the Committee on the Elimination of Discrimination against Women (CEDAW) recommended that the State party increase the availability of affordable childcare facilities to foster greater employment of women (CEDAW/C/BOL/CO/7, 8 January 2020, paragraph 26). The Committee requests the Government to provide information on any measures adopted, within the framework of Supreme Decree 3106 of 2017 or of any other standard or strategy, to facilitate access for workers with family responsibilities to care services for children and other family members (for example, through an assessment and potential increase in the capacity of public nurseries or long-term care centres, or by granting allowances to help workers cover the costs of such services).
Article 6. Appropriate measures to promote broader understanding of the principle of equality of opportunity and treatment for men and women workers. The Government provides information on the adoption of Supreme Decree No. 4650 of 2022, indicating that, under this Decree, 2022 was declared the year of cultural revolution to dismantle patriarchal notions for a life free from violence against women. There are also plans to adopt measures of prevention, protection, dissemination and awareness-raising on dismantling patriarchal notions. The Committee requests the Government to provide information on any specific measures adopted, within the framework of Supreme Decree No. 4650 or any other strategy to disseminate and raise awareness of the specific problems faced by workers with family responsibilities in preparing, taking up, participating and progressing in an economic activity.
Article 8. Protection against dismissal. The Committee notes that the Government provides information on the adoption of Act No. 1468 of 2022 on the Special Procedure for the Restoration of Labour Rights, which seeks to protect and restore rights against any type of unjustified dismissal that does not fall within the regulations in force. The Committee requests the Government to provide information on any case brought, through the Special Procedure for the Restoration of Labour Rights or any other applicable procedure, alleging unjustified dismissal because of the worker’s family responsibilities and, where possible, to provide information on the outcome of such procedures and the remedies granted and penalties imposed.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(2) of the Convention. Scope of application. The Committee refers to its previous comments requesting information on other provisions under which the Convention would apply to other members of the worker’s immediate family who clearly need care and support. The Committee notes that the Government has not provided any information in this respect. The Committee once again requests the Government to indicate the manner in which the Convention is applied to men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support.
Article 2. Branches of economic activity and categories of workers. The Committee recalls that in its previous comments it requested the Government to indicate whether the legislation giving effect to the Convention applies to all workers in all categories and sectors of activity, or whether certain workers are excluded. The Committee notes the Government’s indication that article 14(II) of the Constitution, which prohibits any form of discrimination that is intended to or has the effect of nullifying or undermining the recognition, enjoyment or exercise in conditions of equality of the rights of any person, covers all categories of workers with family responsibilities. The Government adds that independent workers are subject to specific legislation covering their situation. While noting this information, the Committee requests the Government to provide information on the specific legislation that covers independent workers with family responsibilities.
Article 3. National policy. The Committee refers to its previous comments, in which it requested the Government to provide information on the application in practice, in light of the Convention, of Presidential Decrees Nos 0012 of 2009 and 496 of 2010 – under which the employment status of mothers and fathers working in the public or private sector is protected from the time of pregnancy until the date on which their child reaches 1 year of age, which implies that they may not be dismissed, nor their wage level or work assignment changed – and Act No. 045 of 8 October 2010 to combat racism and all forms of discrimination. The Committee notes the Government’s indication that the effect of Presidential Decrees Nos 0012 of 2009 and 496 of 2010 is to ensure that parents enjoy work stability. The Committee also notes the Government’s indication that the General Act on persons with disabilities (Act No. 223 of 2 March 2012) extended the guarantee of employment protection to the parents and/or guardians of children with disabilities (section 34). The Government adds that the measures adopted to promote equality of opportunity are reflected in the Act to combat racism and all forms of discrimination, without providing any further information on this subject. While noting this information, the Committee wishes to emphasize the importance of viewing the application of the Convention from a broad perspective. For this reason, it is necessary to implement an explicit national policy in the form that is most appropriate to national conditions and possibilities which defines objectives, allocates resources and ensures the necessary coordination, without which it is not possible to assess whether the programmes undertaken are sufficient to meet or promote the objectives of the Convention (see 1993 General Survey on workers with family responsibilities, paragraphs 62 and 63). Recalling that measures intended to support workers with family responsibilities have to apply to men and women on an equal footing, the Committee therefore requests the Government to provide information on the specific measures adopted with a view to facilitating the reconciliation between work and family life for men and women workers with family responsibilities and to enable persons with family responsibilities to work without discrimination, and the results achieved, including information on any relevant measures adopted within the context of Act No. 045 of 8 October 2010 to combat racism and all forms of discrimination.
Article 4. Equality in terms and conditions of employment. The Committee refers to its previous comments in which it noted the adoption of the Pensions Act No. 065 of 10 December 2010, which provides in section 78 for the possibility for women to take early retirement, with their pensionable age being reduced by one year for each child, up to a maximum of three, and it requested the Government to explain the rationale for this provision and the reasons why it only applies to women. The Committee also noted Act No. 2426, of 21 November 2002, which provides for universal insurance coverage for mother and child, and requested the Government to provide more information on any other measures considered necessary to take into account the needs of men and women workers with family responsibilities with respect to conditions of employment and social security. The Committee notes the Government’s indication that section 78 of the Pensions Act is intended to recognize the social contribution made by women and to take into account “the greater wear on women as mothers”. While noting the information provided by the Government, the Committee recalls that when legislation or other measures reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the role of women and men in the family and in society (see General Survey on the fundamental Conventions, 2012, paragraph 786). In this regard, the Committee emphasizes the importance, for the application of the principles of the Convention, of measures that promote a more equitable sharing of family responsibilities between men and women and widespread acceptance of the notion that the family is the concern of each individual, man and woman, and that society must enable all persons with dependants both to exercise their responsibilities and to participate fully in the labour force (see General Survey on workers with family responsibilities, 1993, paragraph 90). The Committee also notes the Government’s indication that: (1) Act No. 475, of 30 December 2013, on the provision of comprehensive health services, envisages the provision of health services to mothers and children from birth up to the age of five years; and (2) the short-term social security scheme envisages the provision of care to the children of insured men and women workers until the age of 18, which can be extended to 25 years. While noting this information, the Committee requests the Government to indicate whether other measures have been adopted or are planned, for example with a view to: (i) the progressive reduction of daily hours of work and the reduction of overtime; (ii) more flexible arrangements with regard to working schedules, rest periods and holidays; (iii) the possibility for the mother or the father to take parental leave during the period immediately following maternity leave; or (iv) the provision of leave of absence for workers with family responsibilities in the case of the illness of a dependent child or of another member of the immediate family who needs the worker’s care or support. Please also provide statistical information, disaggregated by sex, on the number of workers availing themselves of these rights.
Article 5. Services and facilities for the care of children and other family members. In its previous comments, the Committee noted the Government’s indication that children’s ombudsmen had been established. The Committee requests the Government to indicate whether other measures have been adopted or are planned to take into account the needs of workers with family responsibilities in local community or regional planning, and to develop or promote community services, public or private, such as childcare and family services and facilities.
Article 6. Appropriate measures to promote broader understanding of the principle of equality of opportunity and treatment for men and women workers. The Committee requests the Government to provide information on the awareness-raising and education measures taken to promote broader 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.
Article 8. Protection against dismissal. The Committee notes that the Government refers to article 49(III) of the Constitution, which prohibits unjustified dismissal, as well as the other employment protection measures referred to above. The Committee requests the Government to provide information on the effect given in practice to these provisions in relation to family responsibilities as a reason for unjustified dismissal, including information on any relevant ruling by the ordinary or other courts.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee recalls that it noted, in its previous comments, the promulgation of the political Constitution of the State on 7 February 2009 and requested the Government to provide information on the legislation adopted in accordance with this Constitution, as well as on the impact of Supreme Decrees Nos 0012 of 2009 and 496 of 2010, under which mothers and fathers working in the public or private sector may not be removed from their posts from the time of the pregnancy until the date on which their child reaches 1 year of age. The Committee notes that, according to the Government, no studies have been carried out enabling it to ascertain the impact of the abovementioned decrees. The Government also refers to the Pensions Act No. 065 of 10 December 2010, pointing out that under section 7 of this Act women may take early retirement, amounting to one year for each child up to a maximum of three. The Committee requests the Government to explain the rationale for section 7 of Act No. 065 of 10 December 2010 and the reasons for this section only applying to women. Recalling that the objective of the Convention is to promote equal opportunities and treatment in employment between men and women workers with family responsibilities, as well as between these workers and others, the Committee requests the Government to indicate the way in which this provision might contribute towards the promotion of this objective. The Committee also asks the Government to provide information on the application in practice of Supreme Decrees Nos 0012 of 2009 and 496 of 2010 and Act No. 045 of 8 October 2010 against racism and any forms of discrimination with respect to the Convention.
Article 1 of the Convention. The Committee notes that the Government refers to the Social Security Code and indicates that the family allowance provided for under this Code is granted to every dependent child older than one year and less than 16 years of age, or 19 years of age if the child is continuing to study in establishments authorized by the State, or without limit of time in the case of disabled children, whose invalidity occurred before the age limits stipulated in the Code. The Committee requests the Government to indicate whether there are other provisions under which the Convention would apply to other members of the workers’ immediate family who need care and support.
Article 2 of the Convention. The Committee notes that, according to the Government, all legal standards must be complied with throughout the national territory. The Committee nevertheless notes that the Government does not indicate in which sectors of activity or to which category of workers these apply. The Committee requests the Government to provide information on whether the legislation implementing the Convention applies to all workers of all categories and sectors of activity, or whether certain workers are excluded.
Article 3. National policy. The Committee reminds the Government that in order to ensure adequate application of the Convention, it is important to adopt measures guaranteeing that family responsibilities do not restrict the possibilities of men and women workers of preparing for, entering, participating in or advancing in economic activity. The Committee requests the Government to provide information on whether national policy on equal opportunities contains measures to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination. The Committee also requests the Government to provide information on any other measures considered necessary to achieve the full implementation of the Convention, and actions carried out to this effect.
Article 4. The Committee notes that, according to the Government, Act No. 2426 of 21 November 2002 provides for universal insurance for mothers and children. The Committee would like to draw the Government’s attention to Chapter IV of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), and to its 1993 General Survey on workers with family responsibilities, paragraphs 128–191, with a view to adopting measures that take into account the needs of men and women workers with family responsibilities with respect to conditions of employment and social security. The Committee requests the Government to send more information on the measures the Government intends adopting in this respect.
Article 5. Services and facilities for the care of children and other members of the family. The Committee notes the Government’s statement that service of ombudspersons for children has been introduced. The Committee requests the Government to provide information on facilities existing at local or regional level or in enterprises, which are available to workers with family responsibilities to care for their children and other dependent members of the family, and the number of persons (children or dependent adults) covered by these.
Article 6. The Committee notes that, according to the Government, manuals and guidelines for men and women workers do not refer to workers with family responsibilities. The Committee requests the Government to ensure that national policies and programmes include measures to carry out activities, seminars or awareness-raising and information workshops to engender a broader 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.
Article 8. The Committee requests the Government to state whether there have been any legal or administrative complaints lodged in relation to the dismissal of men or women workers on account of their family responsibilities.
Part III of the report form. The Government notes that Supreme Decree No. 29894 of 2009 establishes the responsibilities of the various Ministries, including the Ministry of Labour, Employment and Social Affairs, the Ministry of Health and Sport, and the Ministry of Justice. The Committee requests the Government to continue sending information on the supervision and enforcement of the principles of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the promulgation of the political Constitution of the State on 7 February 2009, section 48 of which guarantees the right to decent work with occupational health and safety, without discrimination, and a fair remuneration or wage which is satisfactory and ensures a decent existence for the worker and his or her family. The Committee notes that the new Constitution provides for the adoption of new legislation which is in conformity with the provisions of the Constitution. With regard to equality of opportunity for men and women workers, the Committee notes the Government’s indication that the strategic objectives of the National Equal Opportunities Plan include eliminating gender stereotypes in workplaces, ensuring social security for women in workplaces and protecting women’s labour rights. The Government indicates that, with regard to social security, the Plan provides for compulsory short-term social insurance which includes family allowances and long-term social insurance. The Government also refers to Supreme Decree No. 0066 of 3 April 2009 and to Act No. 3992 of 22 December 2008 which authorizes the implementation of investment projects for children and young persons which include maternity incentives and the overall development of the child population. The Government adds that, in accordance with Legislative Decree No. 16998 of 1979 which establishes the obligation of all enterprises employing 50 or more workers to provide a nursery managed by specialized staff, nurseries have been set up in two state ministries for the children of the public servants working within those ministries. The Committee notes the adoption of Supreme Decree No. 0012 of 19 February 2009 and Supreme Decree No. 496 of 1 May 2010 under which parents working in the public or private sector may not be removed from their posts from the time of the pregnancy until the date on which their child reaches one year of age and may not be dismissed or have changes imposed on them relating to their salary or place of work during that same period. The Committee requests the Government to provide detailed information on any legislation adopted or envisaged in accordance with the new Constitution and the provisions of the Convention and to indicate the impact in practice of Decrees Nos 0012 of 2009 and 496 of 2010. The Committee also requests the Government to provide a copy of the National Equal Opportunities Plan.

With regard to the concrete application of the provisions of the Convention, the Committee recalls that the Convention aims to promote equality of opportunity and treatment in employment for men and women workers with family responsibilities and that Article 3 of the Convention provides that “each Member shall make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities”. The Committee requests the Government to provide information on the legal provisions, administrative regulations, collective agreements, company regulations, arbitration decisions, court rulings or other texts, and on the concrete measures implementing the provisions of the Convention. Furthermore, the Committee requests the Government to provide information on the following matters:

–           whether Supreme Decree No. 24-303 of 24 May 1996 establishing maternity and children’s insurance remains in force and, if so, to provide a copy of the text;

–           the definition applied to the phrases “dependant children” and “other members of their immediate family who clearly need their care or support” in the national legislation and practice (Article 1 of the Convention);

–           whether the measures giving effect to the Convention apply to all branches of economic activity and all categories of workers (Article 2);

–           the measures that have been taken to guarantee the right of workers with family responsibilities to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security (Article 4);

–           the measures taken to give effect to Article 5 indicating, in particular, the number and nature of community child-care and family services and facilities;

–           the measures taken to give effect to Articles 6–8;

–           where Article 10(1) is applied, the information requested in paragraph 2;

–           the manner in which the participation of employers’ and workers’ organizations is ensured (Article 11).

Part III of the report form. The Committee requests the Government to indicate the authority or authorities which are entrusted with the task of implementing the laws and regulations relevant to the application of the Convention, as well as the methods used to supervise and enforce that application.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report does not contain information in reply to its previous comments.

Application of the Convention. The Committee again requests the Government to supply a copy of Supreme Decree No. 24303 of 24 May 1996 establishing maternity and children’s insurance. It also requests the Government to provide information on the methods by which effect is given to the provisions of the Convention, indicating the laws, regulations, collective agreements, work rules, arbitration awards, court decisions and any other texts which give effect to the Convention. The Committee also requests the Government to attach copies of such legislation to its report.

Article 1 of the Convention. The Committee requests the Government to provide information on the definition given to the terms “dependent children” and “other members of the immediate family who clearly need care or support” in national law and practice.

Article 2. The Committee requests the Government to confirm whether the measures giving effect to the Convention apply to all branches of economic activity and categories of workers.

Article 3. The Committee requests the Government to indicate the measures taken to make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.

Article 4. The Committee requests the Government to describe the measures taken to give effect to this Article.

Article 5. The Committee requests the Government to describe the measures taken to give effect to this Article, and to indicate the number and nature of community childcare and family services and facilities.

Article 6. The Committee requests the Government to provide information on the measures taken to give effect to this Article.

Article 7. The Committee requests the Government to describe the measures taken to give effect to this Article.

Article 8. The Committee would be grateful if the Government would indicate the legislative and other provisions ensuring the application of this Article and if it would indicate in particular any relevant decision of an ordinary court of law or an administrative or other tribunal involving questions of principle.

Article 10. If use has been made of paragraph 1 of this Article, the Committee requests the Government to provide the information requested in paragraph 2.

Article 11. The Committee requests the Government to indicate the manner in which the participation of employers’ and workers’ organizations provided for in this Article is ensured.

Part III of the report form. The Committee requests the Government to indicate the authority or authorities which are entrusted with the application of the legislation and regulations relevant to the application of the Convention, and the methods by which their application is supervised.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

While noting the Government’s report, the Committee notes with regret that the report does not contain any information in reply to the comments which the Committee has been making to the Government since 2000.

The Committee recalls that the Convention aims to promote equality of opportunity and treatment in employment for men and women workers with family responsibilities, and also between the aforementioned workers and all other workers. In this regard, Article 3 of the Convention states that each Member shall make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. The Committee also recalls that the Convention contemplates the adoption of measures, compatible with national conditions and possibilities, with a view to creating effective equality of opportunity and treatment for men and women workers with family responsibilities.

The Committee requests the Government to supply detailed information in its next report on the application of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to report in detail in 2010.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret 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:

The Committee notes the information contained in the Government’s report with respect to point 1 of its previous direct request. The Government is asked to provide a copy of Supreme Decree No. 24303 of 24 May 1996 establishing maternity and children’s insurance.

However, as to points 2–14 of its previous direct request, sent to the Government in 2002, the Committee notes that the Government has not provided any information in reply. The Committee hopes that the Government will provide full information in reply to the issues raised by the Committee and in accordance with the report form approved by the Governing Body, with its next report.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret 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:

The Committee notes the information contained in the Government’s report with respect to point 1 of its previous direct request. The Government is asked to provide a copy of Supreme Decree No. 24303 of 24 May 1996 establishing maternity and children’s insurance.

However, as to points 2–14 of its previous direct request, sent to the Government in 2002, the Committee notes that the Government has not provided any information in reply. The Committee hopes that the Government will provide full information in reply to the issues raised by the Committee and in accordance with the report form approved by the Governing Body, with its next report.

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:

The Committee notes the information contained in the Government’s report with respect to point 1 of its previous direct request. The Government is asked to provide a copy of Supreme Decree No. 24303 of 24 May 1996 establishing maternity and children’s insurance.

However, as to points 2 to 14 of its previous direct request, sent to the Government in 2002, the Committee notes that the Government has not provided any information in reply. The Committee hopes that the Government will provide full information in reply to the issues raised by the Committee and in accordance with the report form approved by the Governing Body, with its next report.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report with respect to point 1 of its previous direct request. The Government is asked to provide a copy of Supreme Decree No. 24303 of 24 May 1996 establishing maternity and children’s insurance.

However, as to points 2 to 14 of its previous direct request, sent to the Government in 2002, the Committee notes that the Government has not provided any information in reply. The Committee hopes that the Government will provide full information in reply to the issues raised by the Committee and in accordance with the report form approved by the Governing Body, with its next report.

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

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. The Committee notes the information contained in the Government’s brief report. It notes with interest the establishment of the maternity and children’s insurance by means of Supreme Decree No. 24303 of 24 May 1996 which, according to the Government, sets up a maternity and children’s insurance scheme which provides assistance free of charge to women, the newborn and children under 5 years of age. The Committee would be grateful if the Government would forward a copy of the above legislation.

2. The Committee requests the Government to provide information on the means by which effect is given to the provisions of the Convention, with an indication of the laws, administrative regulations, collective agreements, enterprise rules, arbitration decisions, judicial rulings and other texts which implement the above provisions. The Committee also requests the Government to attach copies of such provisions to its report.

3. The Committee would be grateful if the Government would indicate the laws, administrative regulations or any other measures which relate to the application of each of the Articles of Convention, with an indication of the measures adopted to give effect to the provisions of the Convention which require intervention by the national authorities for their implementation.

4. Article 1 of the Convention. The Committee requests the Government to provide information on the definition given to the terms "dependent children" and "other members of the immediate family who clearly need care or support" in national law and practice.

5. Article 2. The Committee requests the Government to confirm whether the measures giving effect to the Convention apply to all branches of economic activity and categories of workers.

6. Article 3. The Committee requests the Government to indicate the measures taken to make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.

7. Article 4. The Committee requests the Government to describe the measures taken to give effect to this Article.

8. Article 5. The Committee requests the Government to describe the measures taken to give effect to this Article, and to indicate the number and nature of community childcare and family services and facilities.

9. Article 6. The Committee requests the Government to provide information on the measures taken to give effect to this Article.

10. Article 7. The Committee requests the Government to describe the measures taken to give effect to this Article.

11. Article 8. The Committee would be grateful if the Government would indicate the legislative and other provisions ensuring the application of this Article and if it would indicate in particular any relevant decision of an ordinary court of law or an administrative or other tribunal involving questions of principle.

12. Article 10. If use has been made of paragraph 1 of this Article, the Committee requests the Government to provide the information requested in paragraph 2.

13. Article 11. The Committee requests the Government to indicate the manner in which the participation of employers’ and workers’ organizations provided for in this Article is ensured.

14. The Committee requests the Government to indicate the authority or authorities which are entrusted with the application of the legislation and regulations relevant to the application of the Convention, and the methods by which their application is supervised.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information contained in the Government’s brief report. It notes with interest the establishment of the maternity and children’s insurance by means of Supreme Decree No. 24303 of 24 May 1996 which, according to the Government, sets up a maternity and children’s insurance scheme which provides assistance free of charge to women, the newborn and children under 5 years of age. The Committee would be grateful if the Government would forward a copy of the above legislation.

2.  The Committee requests the Government to provide information on the means by which effect is given to the provisions of the Convention, with an indication of the laws, administrative regulations, collective agreements, enterprise rules, arbitration decisions, judicial rulings and other texts which implement the above provisions. The Committee also requests the Government to attach copies of such provisions to its report.

3.  The Committee would be grateful if the Government would indicate the laws, administrative regulations or any other measures which relate to the application of each of the Articles of Convention, with an indication of the measures adopted to give effect to the provisions of the Convention which require intervention by the national authorities for their implementation.

4.  Article 1 of the Convention.  The Committee requests the Government to provide information on the definition given to the terms "dependent children" and "other members of the immediate family who clearly need care or support" in national law and practice.

5.  Article 2.  The Committee requests the Government to confirm whether the measures giving effect to the Convention apply to all branches of economic activity and categories of workers.

6.  Article 3.  The Committee requests the Government to indicate the measures taken to make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.

7.  Article 4.  The Committee requests the Government to describe the measures taken to give effect to this Article.

8.  Article 5.  The Committee requests the Government to describe the measures taken to give effect to this Article, and to indicate the number and nature of community childcare and family services and facilities.

9.  Article 6.  The Committee requests the Government to provide information on the measures taken to give effect to this Article.

10.  Article 7.  The Committee requests the Government to describe the measures taken to give effect to this Article.

11.  Article 8.  The Committee would be grateful if the Government would indicate the legislative and other provisions ensuring the application of this Article and if it would indicate in particular any relevant decision of an ordinary court of law or an administrative or other tribunal involving questions of principle.

12.  Article 10.  If use has been made of paragraph 1 of this Article, the Committee requests the Government to provide the information requested in paragraph 2.

13.  Article 11.  The Committee requests the Government to indicate the manner in which the participation of employers’ and workers’ organizations provided for in this Article is ensured.

14.  The Committee requests the Government to indicate the authority or authorities which are entrusted with the application of the legislation and regulations relevant to the application of the Convention, and the methods by which their application is supervised.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer