Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the information supplied by the Government in its first report and requests it to provide information on the following points in its next report.

Article 1 of the Convention. Definitions. The Committee requests the Government to provide information on the definition of the term “dependent child” with regard to the application of the Convention, including specific criteria such as age, legal relationship to the worker, place of residence and other elements taken into account for determining the concept of dependence. It also requests the Government to provide information on the definition of the term “other members of their immediate family”.

Article 3. National policy. The Committee notes the legal provisions whose purpose is to secure recognition of the particular social and biological function of the mother and guarantee, firstly, the protection of the health of future mothers and their children and, secondly, the protection of women against discrimination on the basis of their role of mother, including leave related to maternity, sickness or complications arising from confinement or nursing, and also other forms of protection of conditions of employment and the organization of hours of work. The Committee reminds the Government that, in order to ensure an adequate application of the Convention, it is important that measures are taken to ensure that family responsibilities do not restrict the possibilities of men or women for preparing for, entering, participating in or advancing in economic activity.

In this context, the Committee notes that the third National Plan for equal opportunities for women and men (2008–17) provides for the revision of the legislation and formulation of proposals to promote the sharing of rights and responsibilities between the mother and the father in the family environment. The Committee requests the Government to supply information on the progress made regarding the revision of the legislation and the formulation of proposals to enable persons with family responsibilities (women and men) 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 notes that the report does not contain any information on the application of the terms of the Convention to other members of the immediate family who clearly need care or support and which are not specifically included in the National Plan. The Committee requests the Government to describe the measures being taken to cover persons with responsibilities in relation to other members of their immediate family who clearly need their care or support.

Public sector. The Committee notes the indication in the Government’s report that there is flexibility in the public sector with regard to forms of leave for officials with family responsibilities. The Committee requests the Government to supply further information regarding the forms of leave to which public sector officials are entitled in relation to family responsibilities, both for dependent children and other family members, and other measures being implemented, including paternity leave, as a constitutional right established by article 89 of the Constitution to enable officials with family responsibilities to reconcile work and family life.

Article 4. Conditions of employment. The Committee wishes to refer the Government to Part IV of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), and paragraphs 128–191 of the General Survey of 1993 on workers with family responsibilities, with a view to considering the adoption of measures relating to conditions of employment and social security which take into account the needs of men and women workers with family responsibilities. The Committee requests the Government to provide information on any measures taken in this respect.

Article 5. Childcare services and facilities. The Committee notes that section 134(2) of the Labour Code states that industrial or commercial undertakings in which more than 50 workers of either sex are employed shall be obliged to provide rooms or crèches for the care of children under two years of age, where the latter will be looked after during the working hours of the father or mother. The Committee also notes that the National Plan provides for the implementation of support services – such as high-quality, flexible and affordable crèches – which cater to the needs of workers of both sexes, and that initiatives will be promoted aimed at reconciling work and family life for both women and men. The Committee requests the Government to supply information on the measures being taken to promote plans for the systematic development of childcare and family services and facilities. The Committee also requests the Government to provide information on the number and nature of community childcare and family services and facilities.

Article 6. Information and education. The Government states in its report that a substantial dissemination and awareness-raising process is in progress with regard to the scope, implications and benefits of the Convention’s application, specifically within the National Tripartite Commission for Equal Opportunities (CTIO). The Committee notes that the objectives of the National Plan include conducting public communication campaigns which present a balanced image of women’s and men’s roles in society, which promote flexibility in the roles of men and women in the public and private spheres and the fair distribution of responsibilities in household and family chores. The Committee requests the Government to provide information on progress made in promoting a better sharing of family responsibility between men and women, and in raising public awareness so as to enable all persons with dependent family members to assume their responsibilities and participate fully in the workforce.

Article 7. Vocational guidance and training. The Committee notes the Government’s indication that there are various institutes of vocational training with timetables geared to family responsibilities, specifically the National Service for Occupational Advancement (SNPP) and the Institute of Private Training. The Committee requests the Government to supply further information on the programmes implemented to tackle the difficulties faced by workers with family responsibilities in acquiring or perfecting the necessary skills and finding employment. It also requests the Government to provide information on the measures taken to ensure that the staff of vocational guidance, advisory and information services, and also those of placement services, receive appropriate training with regard to the elimination of discrimination, so that they can effectively perform their role with respect to workers with family responsibilities.

Article 9. Collective agreements. The Committee requests the Government to provide further information regarding progress made through collective bargaining in the area of family responsibilities, on subjects including recognition of the right to parental leave in cases of adoption, special leave for sickness or for taking care of children and leave related to the care of other family members, or on promoting greater flexibility in the length of leave.

Article 10. The Committee notes that the Government has not indicated its intention to apply the provisions of the Convention by stages.

Part V of the report form. The Committee also requests the Government to provide, as far as possible, statistical information, disaggregated by sex, on the number of workers with family responsibilities who are in employment or are seeking employment.