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

1. Article 1 of the Convention. In its previous comment, the Committee asked the Government to confirm the age used to define the term “dependent child” in addition to indicating how it defines the term “other members of the immediate family who clearly need care or support” for the purposes of the Convention. With respect to dependent children, the Government states that section 2 of the Child Rights Act, No. 45 of 2002, defines a child as any person who is not older than 18 years of age. With regard to other members of the immediate family who clearly need care or support, the Committee notes the Government’s statement that the insurance legislation in force provides for the support or welfare of workers with family responsibilities indirectly. It notes in this regard that section 48 of the Insurance and Pensions Act (No. 25 of 1991) and section 64 of the Social Insurance Act (No. 29 of 1991), provide that the legitimate dependants of a deceased pensioner or insured person, including widows and widowers, parents who are dependants, sisters and brothers, shall be entitled to the pension or insurance benefit of the deceased individual. The Committee asks the Government to indicate what other measures have been taken or are under consideration to help people to balance work with their responsibilities for immediate family members in need of care or support (such as those individuals listed in the abovementioned insurance legislation).

2. Article 2. The Committee notes the Government’s statement that the Convention does not apply to agricultural workers and that such workers are exempt from the application of the Labour Code No. 5 of 1995 as well as the Civil Service Act. The Committee reminds the Government that according to Article 2, the Convention “applies to all branches of economic activity and all categories of workers”, including workers in the agricultural sector. The Committee understands, however, that the Government expects to adopt a law dealing specifically with the rights of agricultural workers and that this law will include measures relating to family responsibilities. Considering the Government’s earlier statement that more than 70 per cent of the Yemeni population are employed in agricultural work, the Committee asks the Government to keep it informed on the status of the current amendments to the Labour Code as well as on the adoption of a law specifically for agricultural workers. The Committee expresses its hope that these legislative developments will promote the application of the Convention in the agricultural sector and requests the Government to provide information in this respect.

3. Article 3. The Committee notes the Government’s statement that it has no information or any measures to report relating to non-discrimination on the basis of family responsibilities. The Committee reminds the Government that under Article 3 of the Convention, Governments shall make it an aim of national policy to enable workers 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 professional and family duties. The Committee hopes that the Government will be in a position to supply information in its next report on specific measures taken or envisaged to formulate and implement a national policy on workers with family responsibilities. In this context, the Committee asks how the Government’s current National Strategy for Women’s Employment (2001–11) contributes to the application of the Convention.

4. Articles 4 and 5. The Committee notes the information provided by the Government that it has set up a nursery under its National Programme for Productive Families for the children of female trainees. It also notes the addition of section 45bis to the Labour Code obliging public and private companies employing more than 50 women employees to set up a nursery for children of women workers on conditions determined by ministerial order. While welcoming these measures, the Committee recalls that the Convention applies to both men and women workers and that the aim of national policies under the Convention should be to promote full coverage of each and every worker in all programmes concerning workers with family responsibilities, including programmes for childcare. It therefore asks the Government to continue to provide information on measures taken or envisaged to create conditions conducive to equality of opportunity and treatment for both men and women workers with respect to work and family responsibilities.

5. Article 6. The Committee notes the training programme undertaken by the ILO for public and private sector workers addressing workers’ rights in general and women workers’ rights in particular, including the issue of termination of employment on the basis of a worker’s family responsibilities. Noting the Government’s indication that there have been no awareness-raising activities in the last few years, the Committee emphasizes the importance of taking steps to promote information and education to bring about broader public understanding of the principle of equal opportunity and treatment for men and women workers and of the problems faced by workers with family responsibilities. It urges the Government therefore to take measures to raise public awareness on the issue of workers with family responsibilities in order to promote the application of the Convention and to report on any progress in this regard.

6. Article 8. The Committee notes from the Government’s report that draft amendments to the Labour Code are under consideration including a provision specifying that a worker’s service may not be terminated on the ground of his or her family responsibilities. The Committee welcomes this development and asks the Government to keep it informed on the progress of the draft amendments and to forward the text of the relevant legislative provisions upon adoption. Please also provide information on the corresponding measures taken by the Government to enforce the provisions, in both the private and public sectors.

7. Article 11. The Government reports that the Labour Council has not held any meetings in recent years but that there are proposals regarding its recomposition including the addition of civil society organizations to the Council’s membership. The Committee looks forward to receiving information on the renewed work of this Council, particularly with respect to its efforts to design and apply measures to give effect to the Convention. Furthermore, the Committee asks the Government for information on any activities planned or in place to raise awareness among employers’ and workers’ organizations about the issues relating to balancing work and family responsibilities.