Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes 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 reads as follows:

The Committee notes with interest the information provided in the Government's first report and attached documentation. It requests the Government to provide additional information on the following points.

1. Article 1 of the Convention. While noting that the provisions of the resolution on the Bases of Formulation of Family Policy (Official Gazette RS 40/93) accord with the principle of equality of opportunity and treatment in employment for men and women workers with family responsibilities, the Committee notes that the Labour Relations Act (Official Gazettes RS 14/90 and 5/91) accords certain rights relating to leave or to work reduced hours so as to care for young children to women workers under sections 45, 80, 81, 84 and 85. According to section 86, these rights may also be enjoyed by a working father if the working mother agrees. Moreover, section 86 allows all of these rights, together with the right to refuse overtime and night work under section 78, to accrue to a working father if the mother dies, deserts the child or becomes permanently or temporarily incapable of independent life and work. As legislative formulations which place the primary expectation for the assumption of family responsibilities on women -- rather than on both men and women workers -- are not in strict conformity with the Convention, the Committee would be grateful if the Government would consider taking measures to amend the legislation so as to conform with the provisions of the Convention and with the proposals stated in the above-mentioned resolution, and if it would provide information on this in future reports.

2. As concerns the application of the Convention to men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support, the Committee notes the measures covering conjugal partners or persons living in a domestic partnership with a person insured for health care. The Committee requests the Government to indicate whether measures have been taken or are being considered to extend to other family members, such as elderly parents, the measures contemplated under the Convention, in addition to the right to take seven days paid leave per annum to care for a close family member. In this respect, the Committee recalls the possibility under Article 10 of the Convention for the provisions of the Convention to be implemented in stages, provided that whatever measures of implementation are taken, are applied in any case to workers of both sexes with responsibilities in relation to their dependent children.

3. Article 3. The Committee notes with interest the comprehensive proposals outlined in the above-mentioned resolution, which aim at creating the conditions for both parents to reconcile their family and professional obligations in the context of measures to formulate and implement a wide-ranging family policy. The Committee requests the Government to continue to supply information on the action taken to realize the specific objectives of the resolution relevant to the application of the Convention. Noting the Government's intention to establish a Council for the Family in the Ministry of Labour, Family and Social Affairs as a specialized advisory body in the area of family policy (paragraph 3.5 and Part IV of the resolution), the Committee requests the Government to provide information on the creation of the Council, its membership, terms of reference and activities.

4. Article 4. The Committee requests the Government to continue to provide information on the measures taken to meet the needs of workers with family responsibilities employed in both the public and private sectors as concerns their terms and conditions of employment and social security arrangements. Noting that section 61 of the Labour Relations Act accords workers the right to paid leave for up to seven days in a calendar year "in the cases and under the conditions laid down in a collective agreement or a general Act", the Committee requests the Government to clarify whether this entitlement has generally been determined as one that may be used to meet particular family emergencies. On this point, the Committee requests the Government to provide the texts of any regulations or collective bargaining agreements that contain provisions pertinent to this or other rights accorded to workers with family responsibilities.

5. Article 5. With reference to the statistics provided in the report on the rate of participation of pre-school children in kindergartens, the Committee requests the Government to indicate, in its next report, whether the existing facilities meet the demand and, if not, to provide any available information on the time-frame required to ensure an adequate number of child-care places. Noting the various proposals contained in the 1993 resolution on the creation of other community services and facilities that would assist men and women workers to harmonize their professional and family responsibilities, the Committee requests the Government to continue to provide information on the steps taken to implement these initiatives.

6. Article 6. The Committee asks the Government to supply with its next report, information on the specific activities undertaken to inform and educate the public about the objectives of the Convention, as required by this Article of the Convention, including any material produced for this purpose.

7. Article 7. The Committee requests the Government to indicate any measures taken to ensure that men and women returning to work in the public and private sectors, after having taken maternity and/or parental leave or after having worked reduced hours in order to care for pre-school age children, may return to the posts they occupied formerly or to equivalent posts in the same organization or enterprise. In this regard, the Committee requests the Government to supply the texts of any provisions enacted to regulate the rights of such workers, as anticipated by, for example, section 84 of the Labour Relations Act. The Committee also requests the Government to indicate whether any measures of vocational guidance and training have been taken or are envisaged to assist workers with family responsibilities to become or remain integrated in the labour force or re-enter employment following an absence due to those responsibilities.

8. Article 8. While noting that section 36(c) of the Labour Relations Act proscribes the termination of the labour relationship of workers who are pregnant or absent from work on maternity or parental leave (except for necessary operative reasons), the Committee requests the Government to indicate any provisions designed to protect public and private sector men and women workers more generally against dismissal by reason of their family responsibilities.

9. Article 9. The Committee requests the Government to provide information on any problems or complaints concerning matters covered by the Convention, which may be addressed to the labour inspection service, the Office of the Ombudsman (created under article 159 of the Constitution), the Office for Women's Policy or to any other relevant body.

10. Article 11. Please furnish specific information on the way in which employers' and workers' organizations participate in devising and applying measures to give effect to the provisions of the Convention.