Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the promulgation of the political Constitution of the State on 7 February 2009, section 48 of which guarantees the right to decent work with occupational health and safety, without discrimination, and a fair remuneration or wage which is satisfactory and ensures a decent existence for the worker and his or her family. The Committee notes that the new Constitution provides for the adoption of new legislation which is in conformity with the provisions of the Constitution. With regard to equality of opportunity for men and women workers, the Committee notes the Government’s indication that the strategic objectives of the National Equal Opportunities Plan include eliminating gender stereotypes in workplaces, ensuring social security for women in workplaces and protecting women’s labour rights. The Government indicates that, with regard to social security, the Plan provides for compulsory short-term social insurance which includes family allowances and long-term social insurance. The Government also refers to Supreme Decree No. 0066 of 3 April 2009 and to Act No. 3992 of 22 December 2008 which authorizes the implementation of investment projects for children and young persons which include maternity incentives and the overall development of the child population. The Government adds that, in accordance with Legislative Decree No. 16998 of 1979 which establishes the obligation of all enterprises employing 50 or more workers to provide a nursery managed by specialized staff, nurseries have been set up in two state ministries for the children of the public servants working within those ministries. The Committee notes the adoption of Supreme Decree No. 0012 of 19 February 2009 and Supreme Decree No. 496 of 1 May 2010 under which parents working in the public or private sector may not be removed from their posts from the time of the pregnancy until the date on which their child reaches one year of age and may not be dismissed or have changes imposed on them relating to their salary or place of work during that same period. The Committee requests the Government to provide detailed information on any legislation adopted or envisaged in accordance with the new Constitution and the provisions of the Convention and to indicate the impact in practice of Decrees Nos 0012 of 2009 and 496 of 2010. The Committee also requests the Government to provide a copy of the National Equal Opportunities Plan.

With regard to the concrete application of the provisions of the Convention, the Committee recalls that the Convention aims to promote equality of opportunity and treatment in employment for men and women workers with family responsibilities and that Article 3 of the Convention provides that “each Member shall make it an aim of national policy 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 requests the Government to provide information on the legal provisions, administrative regulations, collective agreements, company regulations, arbitration decisions, court rulings or other texts, and on the concrete measures implementing the provisions of the Convention. Furthermore, the Committee requests the Government to provide information on the following matters:

–           whether Supreme Decree No. 24-303 of 24 May 1996 establishing maternity and children’s insurance remains in force and, if so, to provide a copy of the text;

–           the definition applied to the phrases “dependant children” and “other members of their immediate family who clearly need their care or support” in the national legislation and practice (Article 1 of the Convention);

–           whether the measures giving effect to the Convention apply to all branches of economic activity and all categories of workers (Article 2);

–           the measures that have been taken to guarantee the right of 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 (Article 4);

–           the measures taken to give effect to Article 5 indicating, in particular, the number and nature of community child-care and family services and facilities;

–           the measures taken to give effect to Articles 6–8;

–           where Article 10(1) is applied, the information requested in paragraph 2;

–           the manner in which the participation of employers’ and workers’ organizations is ensured (Article 11).

Part III of the report form. The Committee requests the Government to indicate the authority or authorities which are entrusted with the task of implementing the laws and regulations relevant to the application of the Convention, as well as the methods used to supervise and enforce that application.