Observación (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

The Committee notes the information contained in the Government’s report and the comments made by the French Democratic Confederation of Labour (CFDT) and the French Confederation of Christian Workers (CFTC).

1. Further to its previous observation expressing concern over the lack of protection against discrimination based on family responsibilities, the Committee notes with satisfaction the adoption on 16 November 2001 of Act No. 2001-1066 to combat discrimination, and in particular its section 1, which amends section L.122-45 of the Labour Code, prohibiting both direct and indirect discrimination in respect of remuneration, training, reclassification, assignment, qualification, classification, promotion, transfer or contract renewal against workers due to their family situation. It further notes that the Act also amends section L.122-45 of the Labour Code respecting the burden of proof, so that when a worker with family responsibilities presents facts from which it may be presumed that direct or indirect discrimination has occurred, it is for the defendant to prove that there has been no breach of the principle of non-discrimination. The Committee also notes that Act No. 2001-1066 inserts new sections L.122-45-1 and L.122-45-2 into the Labour Code, introducing the possibility for trade unions to submit discrimination complaints on behalf of alleged victims. The Committee requests the Government to provide information with its next report on complaints that have been lodged with respect to workers with family responsibilities and on the actions taken by employers’ and workers’ organizations to facilitate the reconciliation of work and family life.

2. The Committee notes that section 55 of Act No. 2001-1246 of 21 December 2001 on the financing of social security amends sections L.122-25-4 and L.122-26 of the Labour Code, introducing more flexible provisions on family leave to encourage fathers to make greater use of their entitlement to parental leave. The Committee requests the Government to indicate with its next report the use made by fathers of parental leave.

3. The Committee notes with interest the legislative amendments introducing the possibility for workers with family responsibilities to take leave or reduce their working time to care for a child, parent or a person reaching the end of their life, to care for a child suffering an illness, accident or serious disability, and the right of night workers with family responsibilities to transfer to day work when night work is incompatible with the care to be provided for a child or for another dependent person. The Committee is addressing a request directly to the Government on the application of these provisions in practice.

4. The Committee notes the comments made by the CFDT under Convention No. 111 that, as part of the process to combat discrimination, it is necessary to ensure that adequate childcare facilities are made available so that both parents are able to fully exercise an occupational activity. The Committee requests the Government to provide information with its next report on any measures taken to provide adequate childcare facilities to facilitate workers’ reconciliation of work and family duties.

5. The Committee notes that the Government’s report once again does not contain a reply to its earlier comments on the matters raised by the CFTC concerning allowances in terms of career development and continuity of social protection. The Committee therefore reiterates its earlier request and hopes that the Government will provide an answer to this comment with its next report.

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