Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. The Committee notes that the Government’s report provides information on the application of the Convention but that, in general, it does not provide the information requested by the Committee in its previous direct request. The Committee hopes that the Government in its next report will respond to all the comments made by the Committee.

2. Article 3 of the Convention. The Government indicates that the principle instrument to address the national economic and social crisis was the Unemployed Heads of Household Programme of 2002, which benefited men and women workers with family responsibilities. The Committee would be grateful if the Government would provide indications on the elements of its national policy intended 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 requests the Government to provide information on any new plans that may exist in this respect and their implementation so that it can assess the impact of the Convention not only in law, but also in practice.

3. Article 4(a). The Committee notes that the Government refers in its report, as a central element of its policy, to the Network of Employment Services which is responsible for providing services to promote access to employment policies that are appropriate to the needs of men and women heads of household. Please continue to provide information on this subject including information on the outcomes of the policies pursued by these services. Bearing in mind that Article 4(a) refers to the right to free choice of employment, please also provide information, including research and statistics relating to the sectors of employment to which men and women workers with family responsibilities have gained access through the Network of Employment Services.

4. Article 4(b). In its previous direct request, the Committee noted that section 183 of Act No. 20744 regulates the benefits available to mothers with sick under-age dependent children. The Committee proposed that the above section should be amended so that it would apply equally to fathers and mothers engaged in work. Recalling that this Convention addresses not only equality of workers with family responsibilities in relation to those without such responsibilities, but also equality between men and women workers with family responsibilities, the Committee once again suggests that the above section be amended and requests the Government to provide information on whether and to what extent men workers with family responsibilities are entitled to request leave for the purposes of fulfilling their family responsibilities within the meaning of the Convention.

5. Article 5. The Committee once again requests the Government to provide detailed information on community childcare and family services and establishments. It also reiterates its request for information on the sectors in which collective agreements provide that employers shall furnish childcare services or, in their absence, compensation in cash.

6. Article 6. The Committee notes the information provided by the Government concerning the programme “Building the Future with Decent Work”. The Committee would be grateful if the Government would provide specific information on the training and education activities undertaken to achieve public understanding of the problems of workers with family responsibilities.

7. Article 7. The Committee notes that the Labour Reform Act No. 25877 of 2004 provides in section 6 that enterprises which fulfil certain conditions and achieve a net increase in the number of women employees shall benefit from reductions in their social security contributions for each new worker and that the exemption shall be greater in the case of men and women beneficiaries of the Heads of Households Programme. It further notes the various measures undertaken by the Ministry of Labour in the fields of vocational training and second-chance education, as well as the establishment in 2006 of the non‑contributory employment and training insurance scheme as a fundamental pillar of an active policy to promote employment and vocational training. The scheme is intended for unemployed workers who wish to improve their employability and to achieve integration into the labour market. As a first stage, the scheme was open to beneficiaries of the Heads of Households Programme. Please continue providing information on any measures related to the application of this Article.

8. Article 8. The Committee reiterates its previous request relating to this Article in which it asked to be provided with practical information on the application of section 183 of Act No. 20744 with an indication, among other data, of the percentage of cases of the reintegration in employment of workers who had taken leave on account of family responsibilities.

9. Article 11. Participation of employers’ and workers’ organizations. The Committee notes that, according to the report, employers’ and workers’ organizations participate at the local level in agreements for the preparation of local development strategies and at the sectoral level through the Sectoral Training Plans. They also participate with other actors not only in the National Advisory Council on Social Policy, but also in the Tripartite Committee for Equality of Opportunities and Treatment (CTIO). The Committee requests the Government to provide information on the action taken by the CTIO specifically in relation to the application of the Convention and to indicate any activities carried out by the CTIO to harmonize its proposals with the National Plan to Combat Discrimination of 2005.