Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Belize (Ratification: 1999)

Autre commentaire sur C156

Demande directe

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Article 1 of the Convention. Definitions. The Committee notes with interest the enactment of Labour (Amendment) Act No. 3 of 2011. The Committee notes that section 2 of the Labour (Amendment) Act defines “family responsibilities” as responsibilities of the employee to care for or support: (a) a dependant child of the worker; or (b) any other immediate family member who is in need of care and support; under the same section, the “immediate family member” is defined to include spouse of the worker or child, parent, or grandparent.

Article 3. National policy. The Committee notes the Government’s indication that draft amendments to the Labour Act include provisions which prohibit direct and indirect discrimination and victimization in the field of employment and occupation on the ground of, inter alia, family responsibilities. While noting that a revised National Gender Policy was drafted in May 2010, the Committee notes that the policy refers to the conflict between employment and family responsibilities in the context of periods of disaster and disaster management planning. The Committee asks the Government to indicate measures taken or envisaged to adopt the national policy enabling persons with family responsibilities to exercise their right to be employed without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.

Article 4. Leave entitlements. The Committee recalls the provisions regarding leave entitlements in the Public Service Regulation No. 160 of 2001, as amended. It notes the Government’s indication that leave entitlements are provided for in the collective agreement signed between the Belize Water Services Limited and the Belize Water Services Workers Union in 2010. The Committee also notes the Government’s indication that draft amendments to the Labour Act include an entitlement to three days of unpaid leave for workers with at least 12 months’ continuous service for the purpose of emergency family leave. The Government also indicates that it takes public officers’ family responsibilities into account when transferring officers; in the private sector, in practice, workers with family responsibilities are given special considerations, and some companies provide for “personal days”, even though this is not currently a legislative requirement. The Committee asks the Government to continue to provide information on: (i) the provisions in the collective agreements; (ii) the status of draft amendments to the Labour Act; and (iii) any measures taken or envisaged in the area of social security.

Article 5. Child and family care services. The Committee recalls the Government’s previous statement that no measures have been taken to give effect to this Article. It notes the Government’s acknowledgment that to date, parents are expected to make their own appropriate arrangements as it relates to childcare. The Government also indicates that the private sector has acknowledged the need for more childcare centres, and that the establishment of work-based childcare in the public service is not currently a reality. It further indicates that the establishment of family services other than childcare is in the majority a private venture, however, the Department of Human Services within the Ministry of Human Development can assist families in urgent need of such services. The Committee asks the Government to provide information on the measures taken to respond to the need for more childcare centres and to establish work-based childcare in the public service. The Committee also asks the Government to provide detailed information on the activities of the Department of Human Services with regard to family services other than childcare to assist workers in reconciling their work and family responsibilities with respect to dependents other than children.

Article 6. Educational and information measures. The Committee notes the Government’s indication that it notes the importance of taking appropriate measures to promote information and education to foster a better understanding of the principles of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities, and that one of the objectives of the revised National Gender Policy is geared towards national education and awareness campaigns in this regard. The Committee asks the Government to provide specific information on measures taken or envisaged to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment between men and women, and of the problems encountered by persons with family responsibilities who are employed or who want to become employed and on the impact of these activities on public opinion.

Article 7. Training. The Committee recalls section 11 of the Education and Training Act of 2010, which provides for the establishment of a National Council for Technical and Vocational Education and Training (TVET Council). The Committee notes the Government’s indication that the revised National Gender Policy states that male and female workers with family responsibilities have a need to participate in training programmes offered and to engage in vocational training schemes, and that one of the objectives of the Policy is to create opportunities for lifelong learning. The Committee again asks the Government to collect and provide statistical information on the number of male and female workers with family responsibilities participating in the training programmes offered. The Committee also asks the Government to indicate any special measures that have been taken or are contemplated by the TVET Council which aim at enabling workers with family responsibilities to engage in guidance or vocational training schemes.

Article 8. The Committee notes that section 42(1) of the Labour (Amendment) Act provides that several grounds including family responsibilities do not constitute good and sufficient cause for dismissal or for the imposition of disciplinary action against a worker. The Committee asks the Government to provide information on the practical application of section 42(1) of the Labour (Amendment) Act, including information on any cases dealt with by the courts.

Article 11. The Committee notes the Government’s indication that the Ministry of Labour has undertaken consultations with the Labour Advisory Board on draft amendments to the Labour Act to give effect to the Convention. The Committee asks the Government to provide detailed information on the measures taken by the Labour Advisory Board to give effect to the provisions of the Convention, in cooperation with workers’ and employers’ organizations.

Parts III, IV and V of the report from. The Committee asks the Government to provide information, where possible, including, for example, extracts from reports, studies or inquiries relevant to the matters covered by the Convention, and statistics on workers with family responsibilities in employment and on existing or needed childcare and family services. Please also indicate the manner in which the Labour Department supervises the application of the measures aimed at giving effect to the Convention, through labour inspection or advisory services, or otherwise; and information on relevant judicial or administrative decisions involving questions of principle regarding the application of the Convention.