Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

With reference to its previous direct request, the Committee takes note of the Government's detailed reports which contain replies to certain points raised, as well as statistics, copies of recent court decisions and the National General Labour Collective Agreement of 9 June 1993.

1. Article 2 of the Convention. Regarding the exclusion from the coverage of Act No. 1483/1984 (on protection and facilities for workers having family responsibilities) of seafarers, workers in undertakings not bound by a contract of employment and the non-application of certain provisions of the Act (and its accompanying Presidential Decree No. 193/1988) to enterprises of a certain size, the Committee notes the Government's statement that the social benefits of seafarers of both sexes are guaranteed by the special Family Benefits Fund for Seafarers and by the Seafarers House. The Committee would appreciate receiving more detailed information on the types of benefits available under these schemes so that seafarers of both sexes are able to exercise their right to engage in employment without conflict between their employment and family responsibilities. It also notes the Government's statement that according to section 18(2)(b) of Act No. 1483, the Minister of Labour, on the advice of the Supreme Labour Council, may extend the applicability of the provisions in question to enterprises employing fewer than the stated numbers. The Committee asks the Government to inform it of any use made by the Minister of this power, and, in the meantime, to indicate how the provisions of the Convention are applied to the categories of workers excluded from the coverage of the Act and the Decree.

2. Article 4. The Committee notes the provisions of Acts Nos. 2083 and 2085 of 1992 concerning, respectively, the modernization of higher education and the regulation of questions on the organization, functioning and staff of the public administration, which accord new types of leave to mothers of small children. Noting in particular that Act No. 2083, in section 30(14), permits a two-hour reduction in the working week for women teachers having children under two years of age and that Act No. 2085, in section 13(5), permits unpaid leave of up to two years for female public sector employees having children under six, the Committee asks the Government to indicate in its next report whether fathers of small children are also entitled to other leaves enabling them to reconcile their work and their family responsibilities.

3. Article 5. The Committee notes the information supplied on community child-care facilities, in particular the indication from the General Secretariat on Equality of the Sexes that the current number of centres only satisfies 65-70 per cent of the needs, especially for children under three years of age. This concords with the information reflected in the 1993 General Survey on Workers with Family Responsibilities, paragraph 220. Noting the Government's explanation that delays in creating new pre-schools and crèches are due to an absence of suitable buildings and of staff because of the austere economic measures taken in the country over recent years, the Committee cannot but recall that Article 5, paragraph (b) of the Convention calls on ratifying governments to develop and promote community services such as child-care and family facilities. It accordingly asks the Government to inform it in its next report of efforts made to expand such facilities, and would refer the Government to the discussion of this point in paragraph 252 of the above-mentioned General Survey.

Regarding the information provided by the Government on community-based services for dependants other than children, in particular the description of the functions and facilities of the "Centres for open protection of aged persons", the Committee requests the Government to provide in its next report, statistics on the numbers of such centres. Given that they appear to exist mainly in suburbs of large cities, the Committee also requests the Government to indicate any plans to extend them to or create other such facilities in rural areas.

4. Articles 9 and 11. The Committee notes with interest the information provided by the Government on the National General Labour Collective Agreement of 9 June 1993, section 8 of which entitles employees in certain sized private enterprises to unpaid parental leave of up to three-and-a-half months for each parent and section 9 of which provides for nursing breaks (one hour each day for two years or two hours each day for one year, depending on the agreement of the parties concerned) which, if not used by the mother, may be taken up by the father for the care of his child. Noting that these negotiated conditions of employment take precedence over the provisions of Act No. 1483 by virtue of section 16, the Committee requests the Government to continue, in future reports, to inform it of such progress in the implementation of the Convention and of the way workers' and employers' organizations devise and apply measures to give effect to it.