Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Bolivie (Etat plurinational de) (Ratification: 1998)

Autre commentaire sur C156

Observation

2009

Demande directe

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Article 1(2) of the Convention. Scope of application. The Committee refers to its previous comments requesting information on other provisions under which the Convention would apply to other members of the worker’s immediate family who clearly need care and support. The Committee notes that the Government has not provided any information in this respect. The Committee once again requests the Government to indicate the manner in which the Convention is applied to men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support.

Article 2. Branches of economic activity and categories of workers. The Committee recalls that in its previous comments it requested the Government to indicate whether the legislation giving effect to the Convention applies to all workers in all categories and sectors of activity, or whether certain workers are excluded. The Committee notes the Government’s indication that article 14(II) of the Constitution, which prohibits any form of discrimination that is intended to or has the effect of nullifying or undermining the recognition, enjoyment or exercise in conditions of equality of the rights of any person, covers all categories of workers with family responsibilities. The Government adds that independent workers are subject to specific legislation covering their situation. While noting this information, the Committee requests the Government to provide information on the specific legislation that covers independent workers with family responsibilities.

Article 3. National policy. The Committee refers to its previous comments, in which it requested the Government to provide information on the application in practice, in light of the Convention, of Presidential Decrees Nos 0012 of 2009 and 496 of 2010 – under which the employment status of mothers and fathers working in the public or private sector is protected from the time of pregnancy until the date on which their child reaches 1 year of age, which implies that they may not be dismissed, nor their wage level or work assignment changed – and Act No. 045 of 8 October 2010 to combat racism and all forms of discrimination. The Committee notes the Government’s indication that the effect of Presidential Decrees Nos 0012 of 2009 and 496 of 2010 is to ensure that parents enjoy work stability. The Committee also notes the Government’s indication that the General Act on persons with disabilities (Act No. 223 of 2 March 2012) extended the guarantee of employment protection to the parents and/or guardians of children with disabilities (section 34). The Government adds that the measures adopted to promote equality of opportunity are reflected in the Act to combat racism and all forms of discrimination, without providing any further information on this subject. While noting this information, the Committee wishes to emphasize the importance of viewing the application of the Convention from a broad perspective. For this reason, it is necessary to implement an explicit national policy in the form that is most appropriate to national conditions and possibilities which defines objectives, allocates resources and ensures the necessary coordination, without which it is not possible to assess whether the programmes undertaken are sufficient to meet or promote the objectives of the Convention (see 1993 General Survey on workers with family responsibilities, paragraphs 62 and 63). Recalling that measures intended to support workers with family responsibilities have to apply to men and women on an equal footing, the Committee therefore requests the Government to provide information on the specific measures adopted with a view to facilitating the reconciliation between work and family life for men and women workers with family responsibilities and to enable persons with family responsibilities to work without discrimination, and the results achieved, including information on any relevant measures adopted within the context of Act No. 045 of 8 October 2010 to combat racism and all forms of discrimination.

Article 4. Equality in terms and conditions of employment. The Committee refers to its previous comments in which it noted the adoption of the Pensions Act No. 065 of 10 December 2010, which provides in section 78 for the possibility for women to take early retirement, with their pensionable age being reduced by one year for each child, up to a maximum of three, and it requested the Government to explain the rationale for this provision and the reasons why it only applies to women. The Committee also noted Act No. 2426, of 21 November 2002, which provides for universal insurance coverage for mother and child, and requested the Government to provide more information on any other measures considered necessary to take into account the needs of men and women workers with family responsibilities with respect to conditions of employment and social security. The Committee notes the Government’s indication that section 78 of the Pensions Act is intended to recognize the social contribution made by women and to take into account “the greater wear on women as mothers”. While noting the information provided by the Government, the Committee recalls that when legislation or other measures reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the role of women and men in the family and in society (see General Survey on the fundamental Conventions, 2012, paragraph 786). In this regard, the Committee emphasizes the importance, for the application of the principles of the Convention, of measures that promote a more equitable sharing of family responsibilities between men and women and widespread acceptance of the notion that the family is the concern of each individual, man and woman, and that society must enable all persons with dependants both to exercise their responsibilities and to participate fully in the labour force (see General Survey on workers with family responsibilities, 1993, paragraph 90). The Committee also notes the Government’s indication that: (1) Act No. 475, of 30 December 2013, on the provision of comprehensive health services, envisages the provision of health services to mothers and children from birth up to the age of five years; and (2) the short-term social security scheme envisages the provision of care to the children of insured men and women workers until the age of 18, which can be extended to 25 years. While noting this information, the Committee requests the Government to indicate whether other measures have been adopted or are planned, for example with a view to: (i) the progressive reduction of daily hours of work and the reduction of overtime; (ii) more flexible arrangements with regard to working schedules, rest periods and holidays; (iii) the possibility for the mother or the father to take parental leave during the period immediately following maternity leave; or (iv) the provision of leave of absence for workers with family responsibilities in the case of the illness of a dependent child or of another member of the immediate family who needs the worker’s care or support. Please also provide statistical information, disaggregated by sex, on the number of workers availing themselves of these rights.

Article 5. Services and facilities for the care of children and other family members. In its previous comments, the Committee noted the Government’s indication that children’s ombudsmen had been established. The Committee requests the Government to indicate whether other measures have been adopted or are planned to take into account the needs of workers with family responsibilities in local community or regional planning, and to develop or promote community services, public or private, such as childcare and family services and facilities.

Article 6. Appropriate measures to promote broader understanding of the principle of equality of opportunity and treatment for men and women workers. The Committee requests the Government to provide information on the awareness-raising and education measures taken to promote broader public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities.

Article 8. Protection against dismissal. The Committee notes that the Government refers to article 49(III) of the Constitution, which prohibits unjustified dismissal, as well as the other employment protection measures referred to above. The Committee requests the Government to provide information on the effect given in practice to these provisions in relation to family responsibilities as a reason for unjustified dismissal, including information on any relevant ruling by the ordinary or other courts.