Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Repetition

Article 1 of the Convention. The Committee reiterates its request to the Government to provide information on the measures taken or contemplated by the tripartite advisory board to promote the application of the provisions of the Convention, including giving a definition of the terms “dependant child” and “other members of the immediate family who clearly need [the worker’s] care or support”.

Article 2. The Committee has been requesting the Government for a number of years to provide an explanation regarding the workers excluded from the scope of Labour Proclamation No. 42/1993 and on the manner in which the Convention is applied to them. The Committee notes that, under the new Labour Proclamation No. 377/2003, the same categories of workers are excluded, notably workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training other than as apprentice; contracts relating to persons holding major managerial posts in undertakings; contracts for personal service for non-profit-making purposes; and contracts relating to members of the armed forces or the police force, employees of the state administration and judges, for self-employment under a contract for services; and, if so regulated, for employment in religious or charitable organizations (section 3(2)(a) to (f)). The Committee notes that some of these categories of workers are regulated by specialized legislation, such as the Civil Servants Proclamation No. 515/2006. The Committee requests the Government to provide more detailed information on all regulations or specialized legislation providing protection at least equivalent to that afforded under the Convention to the categories of workers excluded from the application of the Labour Proclamation No. 377/2003 and the Civil Servants Proclamation No. 515/2006.

Article 3. The Committee notes that section 14(1)(f) of Labour Proclamation No. 377/2003 provides that it shall be unlawful for an employer to discriminate between workers on the basis of nationality, sex, religion, political outlook or “any other conditions”, and that pursuant to section 26(2)(d), marital status, family responsibilities and pregnancy shall not be considered legitimate grounds for termination of an employment contract. The Committee further notes that the Government’s report does not contain any information on any measures taken to make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to be engaged 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 asks the Government to provide information on any measures taken to address issues of workers with family responsibilities in national policy. The Committee also, once again, draws the Government’s attention to the need to ensure that any policies or programmes adopted to give effect to the Convention apply to men as well as to women with family responsibilities, and urges the Government to take specific steps to this end and to provide information on the progress in this regard.

Article 4. The Committee notes that the Government’s report refers to the provisions in the Labour Proclamation No. 377/2003 and the Civil Servants Proclamation No. 515/2006 relating to maternity leave and leave with pay in the case of marriage, or death of a family member. It also notes that pursuant to section 41(6) of the Civil Servants Proclamation No. 515/2006, male civil servants are entitled to five days of paternity leave with pay at the time of their wives’ delivery. The Committee recalls that Article 4 requires the Government to take specific measures, compatible with national conditions and possibilities, to enable all persons with family responsibilities to exercise their right to free choice of employment, and to take account of their specific needs in terms and conditions of employment and in social security. The Committee urges the Government to provide information on any current or planned programmes to enable 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, and refers the Government to paragraphs 17–23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which provide relevant examples. Referring also to its previous comments regarding article 42 of the 1994 Constitution, establishing that certain categories of workers have the right to bargain collectively with their employers in accordance with procedures established by law, the Committee also urges the Government to supply copies of sample collective agreements containing provisions concerning equal opportunity and treatment in employment for all workers with family responsibilities.

Article 5. The Committee notes the Government’s statement that under the Labour Proclamation, social services should be dealt with in collective agreements and that, therefore, various factories are providing childcare and family services (e.g. sugar and cement factories and large-scale agricultural enterprises). The Committee asks the Government to provide copies of collective agreements providing for childcare and family services assisting workers with family responsibilities, and to provide further details on the type of services provided in the sugar and cement factories and large-scale agricultural enterprises and the number of women and men using such services. The Committee requests the Government to indicate the prospects for undertaking any survey in the near future as to the specific needs of workers with family responsibilities in community planning, and the development of childcare and family services, with a view to identifying and taking appropriate measures to this end, as required under Article 5 of the Convention.

Article 6. The Committee requests the Government to provide information on the actual measures taken to promote information and understanding among the social partners, especially in the context of collective bargaining, and of the general public, of the requirements and principles of the Convention, of the principle of equality of opportunity and treatment, and of the problems faced by workers with family responsibilities.

Article 7. The Committee notes the Government’s statement that the granting of education and training leave may be determined in collective agreements. The Committee requests the Government to provide copies of any collective agreements including provisions ensuring that workers with family responsibilities can benefit from educational and training leave on an equal footing with other workers. The Committee also requests the Government to provide information on any other measures taken in the field of vocational guidance and training to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 8. The Committee requests the Government to continue to provide information on any judicial or administrative decisions interpreting section 26(2)(d) of Labour Proclamation No. 377/2003, and to supply copies of any such decisions.