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

1. Article 1 of the Convention. The Committee notes from the report that the tripartite Advisory Board, whose functions include devising and applying measures to give effect to the provisions of the Convention, has not yet addressed the definition of the term “dependent child”. The Committee requests the Government to provide information in its next report on the measures taken or contemplated by the Board to promote application of the provisions of the Convention, including giving a definition of the terms “dependent child” and “other members of the immediate family who clearly need [the worker’s] care or support”.

2. Article 2. The Committee has been requesting the Government for a number of years to provide an explanation on the workers excluded from the scope of Labour Proclamation No. 42/1993 pursuant to section 3(2)(a) to (f) of the Proclamation (that is, workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training, other than as apprentices; for those holding managerial posts in undertakings; for personal service for non-profit; employees of the state administration; for self-employment under a contract of service; and, if so regulated, for employment in religious or charitable organizations), and the manner in which the Convention is applied to them. Noting the Government’s comments with regard to home workers (one of the categories covered by section 3(2)), the Committee would be grateful if the Government would provide information regarding any directives issued concerning this category of workers. Please indicate the measures taken to ensure that all those excluded from the application of the Labour Proclamation are enabled to reconcile their work and family responsibilities to the extent possible.

3. Article 3. The Committee notes from the report that the National Employment Policy, which is expected to incorporate provisions that give protection to women workers with family responsibilities, has not yet been approved. In this regard, the Committee 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.

4. Article 4. Referring to its previous comments regarding article 42 of the 1994 Constitution establishing that certain categories of workers – “factory and service workers, peasant farmers, farm labourers, other rural workers and government employees under a certain level of responsibility” – have the right to bargain collectively with their employers in accordance with procedures established by law, the Committee once again asks the Government to supply copies of sample collective agreements containing provisions concerning equal opportunity and treatment in employment for all workers with family responsibilities, as well as information on any current or planned programmes to enable these workers 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.

5. Article 5. The Committee notes that, due to financial constraints, the Children, Youth and Family Welfare Organization has been unable to carry out a planned national survey to collect information on the situation of dependent children with insufficient family support. The Committee again requests the Government to indicate the prospects for undertaking such a survey in the near future and asks the Government to indicate any other measures taken or contemplated to give effect to this Article of the Convention.

6. Article 6. The Committee notes from the report that it may consider making a request in the future for ILO assistance to enable it to undertake an educational campaign to promote the aims of the Convention within the context of measures to implement the 1986 General Education and Training Policy.

7. Article 8. The Committee notes the Government’s statement that no cases of termination due to family responsibilities were brought before the labour courts during the reporting period. The Committee requests the Government to keep it informed of any judicial or administrative decisions interpreting section 26(2)(d) of Labour Proclamation No. 42/1993 and to supply copies of any such decisions.