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

1. Article 1(2) of the Convention. Other members of the immediate family who clearly need care and support. The Committee notes that the Government currently does not intend to extend the right to compensation under the Health Care and Insurance Act beyond employees caring for a sick child or spouse. The Committee encourages the Government to consider extending the right to take sick leave to care for sick family members to other members of the immediate family who clearly need care and support, including persons living with a disability or the elderly, as envisaged under Article 1(2), and to provide information in its next report on any steps taken in this regard.

2. Article 3. Discrimination and termination based on family responsibilities. The Committee notes that the Government has published informational material concerning equal treatment and that the Equal Opportunities Office carried out a range of awareness-raising activities. The Committee welcomes that as a result of these efforts the number of discriminatory job advertisements has decreased substantially. However, the number of violations of the legal provision protecting workers from discrimination and termination on grounds of family status or obligations, pregnancy or parenthood dealt with by the labour inspectorate appears to be very low. According to the Government, this is due to the fact that many workers are still not aware of the protections available under the law. Others were afraid of losing their jobs, particularly because of their obligations as parents. The Government indicates that increased awareness raising would be necessary as well as better training of labour inspectors. The Committee requests the Government to provide information on the following:

(a)   measures taken to inform workers with family responsibilities of their rights and protection from discrimination based on such responsibilities available under the legislation;

(b)   measures taken to train labour inspectors to identify and resolve cases of non-compliance;

(c)   cases regarding discrimination and termination relating to family responsibilities brought before the courts and the Advocate for Equal Opportunities for Women and Men or the Advocate of the Principle of Equality, including their cooperation with the labour inspectorate.

3. Sharing of family responsibilities between women and men. The Committee notes from the Government’s report that 11,308 fathers (approximately two-thirds of all fathers) took paternity leave in 2005, but that only slightly more than 2 per cent of fathers used parental leave. The Committee requests the Government to continue to provide information on the measures taken to encourage a better sharing of family responsibilities between men and women and to provide statistical information on leave take-up rates, disaggregated by sex.

4. Article 5. Childcare services and facilities. The Committee notes that the Institute of Education is examining the situation and functioning of kindergartens with a view to developing proposals to adapt them better to the needs of working parents and children. The Ministry of Labour is planning to introduce programmes and services for home help. The Committee requests the Government to provide information on the implementation of these initiatives and, more generally, to provide an update on the existing private and public childcare facilities (number of facilities and children covered).

5. Article 7. Return to work following periods of childcare. The Committee notes that according to the Government, employees taking leave for family reasons remain integrated in working life. It also notes that the Government is implementing special programmes to promote women’s employment in the framework of the active employment policy. The Committee requests the Government to provide statistical information on the extent to which men and women return to work following periods of parental leave, as well as information on the extent to which employees return to full-time work following periods of care-related part-time work. Please also indicate how active employment policy measures have assisted workers with family responsibilities to become and remain integrated into the labour force.

6. Article 8. Termination of employment. The Committee notes that family obligations, sex or pregnancy, as well as temporary absence from work to care for a sick family member or on parental leave are unlawful reasons for regular termination (section 89). In addition, section 115 provides that the employer cannot terminate the contract of a pregnant or breastfeeding worker, or of parents on parental leave, except with the prior consent of the labour inspectorate for reasons allowing extraordinary termination or in case of cessation of the enterprise. Section 100(1) and (3) ensure that family responsibilities are taken into account in the case of collective dismissals. The Committee requests the Government to provide information on the practical application of these provisions, including detailed information on any relevant court cases.