Workers with Family Responsibilities Convention, 1981 (No. 156) - Guinea (RATIFICATION: 1995)

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Article 4 of the Convention. Right to leave. With regard to the matter of extending to men the possibility granted to women of taking a maximum nine months’ unpaid leave, as provided for in section 153.4 of the Labour Code, following the birth of a child, the Committee notes the Government’s brief indications that it will take account of the Committee’s concerns in the context of the forthcoming revision of the Labour Code and requests ILO technical assistance with respect to the revision of the Code. In this regard, in the general observation which it adopted in 2019 on workers with family responsibilities, the Committee underlines the importance of challenging traditional stereotypes of gender roles in caregiving, unpaid work and paid employment in order for families to be free to divide and share care-giving responsibilities regardless of gender and to allow them to reconcile those responsibilities with employment to the fullest extent possible. Thus, the Committee calls for the extension of measures adopted at the national and workplace levels enabling the reconciliation of work and family responsibilities also to apply to men. While recognizing the difficult situation prevailing in the country, the Committee requests the Government to provide information on all developments in this regard.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that considerable efforts are made by the State, through the communes, to create care and leisure facilities for children and that, in parallel, non-governmental organizations support the provision of care for children, including healthcare, and assistance for families. The Committee welcomes the Government’s indication that community support centres for the children of workers with family responsibilities have been constructed or rehabilitated (628 public care structures and 348 private care structures providing childcare, and 1,746 urban, suburban and rural community support centres). The Government adds that the State has set up family care and assistance centres for children and women while creating facilities to cater for them but that it is difficult to provide statistics on the capacity and exact number of these structures, including because many of them are informal. The Committee underlines the importance of establishing such services and facilities and recalls that if workers with family responsibilities are unable to secure the necessary services and care for their family members while engaging in employment, in practice they are forced to give up their jobs. Furthermore, it recalls that the objective of the Convention, which is to ensure equal treatment for workers of both sexes who have family responsibilities and between these and other workers, should also be reflected in the resources provided so that these workers can discharge these responsibilities in all areas of their lives. In light of the above, the Committee requests the Government: (i) to continue taking measures to take account of the needs of workers with family responsibilities in community planning, at the local or regional level, and to intensify its efforts; (ii) to develop or promote the creation and implementation of public or private community services, such as childcare and family services and facilities; and (iii) to provide information on any measures taken in this regard. The Committee also once again requests the Government to provide all available data on the number and capacity of existing childcare structures.

Article 7. Labour market integration. Vocational guidance and training. The Committee notes that the Government, in response to its request to provide information on the training courses that are actually offered to workers following an absence due to family responsibilities, refers to the provisions of the Labour Code and Act No. L/2019/0027/AN issuing the general regulations on maternity leave for civil servants. The Committee recalls that Article 7 of the Convention provides that “[a]ll measures compatible with national conditions and possibilities, including measures in the field of vocational guidance and training, shall be taken to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.” This refers in particular to vocational guidance, counselling, information and placement services which are staffed by suitably trained personnel and are able to respond adequately to the special needs of workers with family responsibilities (Paragraph 14 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165)). The Committee requests the Government to provide information on any measures relating to vocational guidance, training, development, placement, reorientation or re-integration taken to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities (for example, when returning to work after maternity or parental leave or after raising children).

Article 11. Employers’ and workers’ organizations. The Committee notes that the Government reaffirms that the tripartite Labour and Social Legislation Advisory Commission deals with matters relating to workers with family responsibilities, under section 515.1 et seq. of the Labour Code. Referring to its general observation of 2019, the Committee highlights the importance of social dialogue and collective bargaining in the application of the Convention and expresses the hope that employers’ and workers’ organizations will continue to participate in the formulation and implementation of national, sectoral and workplace policies, and of innovative measures aimed at giving effect to the rights established by the Convention. The Committee requests the Government to indicate whether the Labour and Social Legislation Advisory Commission has recently discussed these matters and made proposals in this regard, indicating, if applicable, their content.

General observation. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on workers with family responsibilities, adopted on 2019. In such observation, the Committee recalls the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stresses the importance of the Convention in achieving this goal. The Committee calls for member States, and employers’ and workers’ organizations, to strengthen efforts towards: (i) making non-discrimination of workers with family responsibilities and the adoption of measures to facilitate the reconciliation of work and family responsibilities explicit aims of their national policy; (ii) regularly monitoring and assessing the results achieved within the framework of the national policy towards achieving the aims of the Convention with a view to adjusting the measures adopted or envisaged; (iii) launching regular public information campaigns to promote the sharing of family responsibilities and remove misconceptions around care roles; (iv) ensuring that workers with family responsibilities have effective equal opportunities and rights to enter, re-enter and remain integrated in the labour market; (v) expanding and increasing access of all workers to voluntary and protected measures of working arrangements and leave that facilitate reconciliation of work–family life; (vi) expanding measures that support the reconciliation of work and family responsibilities within social protection systems; (vii) establishing and expanding adequate quality childcare and family services at community level; (viii) promoting social dialogue, collective bargaining and other measures to strengthen, facilitate and encourage the implementation of the principles of the Convention; and (ix) enhancing the capacity of enforcement authorities, including labour inspectors, tribunals, courts, and other competent bodies, to identify, prevent and remedy cases of discrimination in employment and occupation related to family responsibilities. The Committee asks the government to provide information on any measures taken or foreseen to apply the points referred to above.

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Articles 3, 6 and 8 of the Convention. National non-discrimination policy. Information and education. Protection against dismissal. In its previous comment, the Committee emphasized that that there was still no national policy concerning workers with family responsibilities and it asked the Government to take the necessary measures, in law and practice, to ensure that men and women workers with family responsibilities who so wish are able to access employment or be engaged in employment without discrimination and, if possible, without conflict between their employment and family responsibilities. It also recalls that it previously highlighted the absence of a provision prohibiting dismissal on the basis of family responsibilities in the Labour Code and it asked the Government to indicate the measures taken or envisaged to ensure that family responsibilities do not constitute a valid reason for terminating the employment relationship. The Committee notes the Government’s brief indications in its report that it will take account of the Committee’s concerns in the context of the forthcoming revision of the Labour Code and requests ILO technical assistance in the process of revision of the Code. The Committee also notes the Government’s general reference to the formulation of “national policies on children and welfare, the family and social values”. While recognizing the difficult situation prevailing in the country, the Committee requests the Government to formulate and implement a genuine national policy having the objectives, inter alia, of eliminating all discrimination in law and practice against workers with family responsibilities and promoting the principle of equal opportunities and treatment for these workers in all areas of employment and occupation. To this end, the Committee requests the Government to take steps to: (i) prohibit explicitly in the Labour Code any discrimination on the basis of family responsibilities in all areas of employment and occupation, including recruitment and dismissal; (ii) allow workers with family responsibilities to be informed of their rights and to assert them; and (iii) support these workers, particularly through the setting up of suitable structures and mechanisms and the implementation of public awareness-raising and information campaigns on the problems faced by workers with family responsibilities. The Committee requests the Government to provide information on each of the points raised above and to send copies of the national policies to which it refers in its report.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 4 of the Convention. Right to leave. The Committee notes that the Government, in reply to its request, indicates that the matter of extending to men the possibility of taking the unpaid leave provided for in section 153.4 of the Labour Code, following the birth of a child, will be examined when the Labour Code is next revised. The Committee requests the Government to provide information on any developments in this regard.

Article 5. Childcare and family services and facilities. The Committee notes that, according to the Government, the new structure responsible for matters relating to workers’ family responsibilities has not yet been established. The Committee emphasizes the importance of creating and developing childcare services and facilities to enable workers with family responsibilities, particularly women on whom such responsibilities primarily fall in practice, to access employment and be engaged in employment, and of promoting equality of opportunity and treatment for such workers vis-à-vis workers without family responsibilities. The Committee requests the Government: (i) to adopt measures to take account of the needs of workers with family responsibilities in community planning, at the local or regional level; (ii) to develop or promote community services, public or private, such as childcare and family services, and facilities; and (iii) and to provide information on any measures taken in this regard. The Government is also once again requested to provide information on the number and capacity of existing childcare structures.

Article 7. Labour market integration. The Committee notes that, according to the Government’s indications, measures are envisaged to enable workers to re-enter the labour market following an absence due to family responsibilities through the creation, within the National Office of Vocational Training and Development, of an “informal sector” section tasked with organizing and overseeing training, development, transition, reintegration and reorientation activities. The Committee requests the Government to provide information, including statistics, on the training courses that are actually offered to workers following an absence due to family responsibilities.

Article 8. Protection against dismissal. The Committee recalls that the Labour Code does not expressly provide that family responsibilities shall not, as such, constitute a valid reason for termination of employment. In the absence of a reply on this matter, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that family responsibilities do not constitute a valid reason for termination of employment.

Article 11. Employers’ and workers’ organizations. The Committee notes that the Government reaffirms that, in general, employers’ and workers’ organizations have the right to participate in the drafting of texts and are always consulted. The Committee requests the Government to indicate whether the relevant advisory body, that is, the Labour and Social Legislation Advisory Commission, deals with matters relating to workers with family responsibilities.

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The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3 and 6 of the Convention. National policy. Information and education. The Committee recalls that, according to Article 3 of the Convention, “with a view to creating effective equality of opportunity and treatment for men and women workers, each Member shall make it an aim of national policy to enable persons with family responsibilities 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”. Such measures belong in the context of the broader issue of gender equality. It is essential, therefore, that the policy be designed not only to eliminate all discrimination against workers with family responsibilities in law and practice, but that active measures should be taken to promote the principle of equality of opportunity and treatment for workers with family responsibilities in all areas of employment and occupation (see General Survey of 1993 on workers with family responsibilities, paragraphs 54–59). For almost 20 years, the Committee has been emphasizing that “family responsibilities” are not among the grounds of discrimination expressly prohibited by the Labour Code. The Committee notes the Government’s indication, in its report, that it will take steps to enable men and women with family responsibilities to enjoy their rights. Recalling that there is still no national policy concerning workers with family responsibilities, the Committee urges the Government to take the necessary measures, in law and practice, to ensure that men and women workers with family responsibilities who so wish are able to access employment or be engaged in employment without discrimination and, if possible, without conflict between their employment and family responsibilities, including: (i) by expressly prohibiting in the Labour Code any discrimination on the basis of family responsibilities in all forms of employment and occupation, including at the recruitment level; (ii) by allowing workers with family responsibilities to be informed of their rights and to assert them; and (iii) by adopting a combination of support measures and public information and awareness-raising measures on the problems that workers with family responsibilities face, as well as measures to promote mutual respect and tolerance within the population.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 4 of the Convention. Right to leave. The Committee notes that the Government, in reply to its request, indicates that the matter of extending to men the possibility of taking the unpaid leave provided for in section 153.4 of the Labour Code, following the birth of a child, will be examined when the Labour Code is next revised. The Committee requests the Government to provide information on any developments in this regard.

Article 5. Childcare and family services and facilities. The Committee notes that, according to the Government, the new structure responsible for matters relating to workers’ family responsibilities has not yet been established. The Committee emphasizes the importance of creating and developing childcare services and facilities to enable workers with family responsibilities, particularly women on whom such responsibilities primarily fall in practice, to access employment and be engaged in employment, and of promoting equality of opportunity and treatment for such workers vis-à-vis workers without family responsibilities. The Committee requests the Government: (i) to adopt measures to take account of the needs of workers with family responsibilities in community planning, at the local or regional level; (ii) to develop or promote community services, public or private, such as childcare and family services, and facilities; and (iii) and to provide information on any measures taken in this regard. The Government is also once again requested to provide information on the number and capacity of existing childcare structures.

Article 7. Labour market integration. The Committee notes that, according to the Government’s indications, measures are envisaged to enable workers to re-enter the labour market following an absence due to family responsibilities through the creation, within the National Office of Vocational Training and Development, of an “informal sector” section tasked with organizing and overseeing training, development, transition, reintegration and reorientation activities. The Committee requests the Government to provide information, including statistics, on the training courses that are actually offered to workers following an absence due to family responsibilities.

Article 8. Protection against dismissal. The Committee recalls that the Labour Code does not expressly provide that family responsibilities shall not, as such, constitute a valid reason for termination of employment. In the absence of a reply on this matter, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that family responsibilities do not constitute a valid reason for termination of employment.

Article 11. Employers’ and workers’ organizations. The Committee notes that the Government reaffirms that, in general, employers’ and workers’ organizations have the right to participate in the drafting of texts and are always consulted. The Committee requests the Government to indicate whether the relevant advisory body, that is, the Labour and Social Legislation Advisory Commission, deals with matters relating to workers with family responsibilities.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3 and 6 of the Convention. National policy. Information and education. The Committee recalls that, according to Article 3 of the Convention, “with a view to creating effective equality of opportunity and treatment for men and women workers, each Member shall make it an aim of national policy to enable persons with family responsibilities 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”. Such measures belong in the context of the broader issue of gender equality. It is essential, therefore, that the policy be designed not only to eliminate all discrimination against workers with family responsibilities in law and practice, but that active measures should be taken to promote the principle of equality of opportunity and treatment for workers with family responsibilities in all areas of employment and occupation (see General Survey of 1993 on workers with family responsibilities, paragraphs 54–59). For almost 20 years, the Committee has been emphasizing that “family responsibilities” are not among the grounds of discrimination expressly prohibited by the Labour Code. The Committee notes the Government’s indication, in its report, that it will take steps to enable men and women with family responsibilities to enjoy their rights. Recalling that there is still no national policy concerning workers with family responsibilities, the Committee urges the Government to take the necessary measures, in law and practice, to ensure that men and women workers with family responsibilities who so wish are able to access employment or be engaged in employment without discrimination and, if possible, without conflict between their employment and family responsibilities, including: (i) by expressly prohibiting in the Labour Code any discrimination on the basis of family responsibilities in all forms of employment and occupation, including at the recruitment level; (ii) by allowing workers with family responsibilities to be informed of their rights and to assert them; and (iii) by adopting a combination of support measures and public information and awareness-raising measures on the problems that workers with family responsibilities face, as well as measures to promote mutual respect and tolerance within the population.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 4 of the Convention. Right to leave. The Committee notes that the Government, in reply to its request, indicates that the matter of extending to men the possibility of taking the unpaid leave provided for in section 153.4 of the Labour Code, following the birth of a child, will be examined when the Labour Code is next revised. The Committee requests the Government to provide information on any developments in this regard.

Article 5. Childcare and family services and facilities. The Committee notes that, according to the Government, the new structure responsible for matters relating to workers’ family responsibilities has not yet been established. The Committee emphasizes the importance of creating and developing childcare services and facilities to enable workers with family responsibilities, particularly women on whom such responsibilities primarily fall in practice, to access employment and be engaged in employment, and of promoting equality of opportunity and treatment for such workers vis-à-vis workers without family responsibilities. The Committee requests the Government: (i) to adopt measures to take account of the needs of workers with family responsibilities in community planning, at the local or regional level; (ii) to develop or promote community services, public or private, such as childcare and family services, and facilities; and (iii) and to provide information on any measures taken in this regard. The Government is also once again requested to provide information on the number and capacity of existing childcare structures.

Article 7. Labour market integration. The Committee notes that, according to the Government’s indications, measures are envisaged to enable workers to re-enter the labour market following an absence due to family responsibilities through the creation, within the National Office of Vocational Training and Development, of an “informal sector” section tasked with organizing and overseeing training, development, transition, reintegration and reorientation activities. The Committee requests the Government to provide information, including statistics, on the training courses that are actually offered to workers following an absence due to family responsibilities.

Article 8. Protection against dismissal. The Committee recalls that the Labour Code does not expressly provide that family responsibilities shall not, as such, constitute a valid reason for termination of employment. In the absence of a reply on this matter, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that family responsibilities do not constitute a valid reason for termination of employment.

Article 11. Employers’ and workers’ organizations. The Committee notes that the Government reaffirms that, in general, employers’ and workers’ organizations have the right to participate in the drafting of texts and are always consulted. The Committee requests the Government to indicate whether the relevant advisory body, that is, the Labour and Social Legislation Advisory Commission, deals with matters relating to workers with family responsibilities.

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Articles 3 and 6 of the Convention. National policy. Information and education. The Committee recalls that, according to Article 3 of the Convention, “with a view to creating effective equality of opportunity and treatment for men and women workers, each Member shall make it an aim of national policy to enable persons with family responsibilities 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”. Such measures belong in the context of the broader issue of gender equality. It is essential, therefore, that the policy be designed not only to eliminate all discrimination against workers with family responsibilities in law and practice, but that active measures should be taken to promote the principle of equality of opportunity and treatment for workers with family responsibilities in all areas of employment and occupation (see General Survey of 1993 on workers with family responsibilities, paragraphs 54–59). For almost 20 years, the Committee has been emphasizing that “family responsibilities” are not among the grounds of discrimination expressly prohibited by the Labour Code. The Committee notes the Government’s indication, in its report, that it will take steps to enable men and women with family responsibilities to enjoy their rights. Recalling that there is still no national policy concerning workers with family responsibilities, the Committee urges the Government to take the necessary measures, in law and practice, to ensure that men and women workers with family responsibilities who so wish are able to access employment or be engaged in employment without discrimination and, if possible, without conflict between their employment and family responsibilities, including: (i) by expressly prohibiting in the Labour Code any discrimination on the basis of family responsibilities in all forms of employment and occupation, including at the recruitment level; (ii) by allowing workers with family responsibilities to be informed of their rights and to assert them; and (iii) by adopting a combination of support measures and public information and awareness-raising measures on the problems that workers with family responsibilities face, as well as measures to promote mutual respect and tolerance within the population.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee recalls the adoption of Act No. L/2014/072/CNT of 10 January 2014 issuing the Labour Code.

Article 3 of the Convention. National policy. The Committee notes section 5 of the Labour Code, which prohibits any form of discrimination. However, it notes that “family responsibilities” are not among the grounds of discrimination prohibited by this provision. Also noting that there is still no national policy containing provisions intended to enable persons – both men and women – with family responsibilities who are engaged in 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 requests the Government to establish the necessary conditions and framework for the achievement of these objectives and to provide information on any measure adopted for this purpose.

Article 4. Right to leave. The Committee notes the Government’s indication that Decree No. 37/PRG/SGG of 23 February 1987, sections 53 and 60 of which contain provisions favourable to workers with family responsibilities, applies to all contracted workers, irrespective of gender. It also notes the provisions of section 156.2(4) of the new Labour Code, under which the presence of the worker cannot be refused when it is requested “in the event of serious illness of the father, mother, spouse or child, requiring assistance by the worker”. The Committee also notes that, in the same way as section 62 of the former Labour Code, section 153(4) of the new Labour Code provides that “when her maternity leave has expired, a mother may, if she so wishes, take unpaid leave for a period not exceeding nine months”. The Committee requests the Government to envisage the possibility of allowing both men and women to take unpaid leave following the birth of a child. It also requests the Government to provide information on any other regulatory text or agreement containing provisions which enable workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), taking into account their needs in terms of conditions of employment and social security (Article 4(b)).

Article 5. Childcare and family assistance services and facilities. The Committee notes the Government’s indication that the establishment of a new technical directorate responsible for issues related to the family responsibilities of workers is nearing completion in the Ministry of Social Affairs. The Committee requests the Government to provide information on any measures taken by this administrative structure for workers with family responsibilities. In the absence of information on this point, the Committee once again requests the Government to indicate the measures taken to develop or promote public and private community services, and particularly childcare and family assistance services and facilities (crèches, etc.), and to specify the number and capacity of the existing facilities.

Article 6. Information and education. In the absence of information on this subject, the Committee requests the Government to provide information on any measure adopted, particularly within the framework of the National Gender Policy adopted in 2011 and programmes to combat HIV/AIDS, to promote broader understanding of the principle of equality of opportunity and treatment for workers of both genders, and of the problems of workers with family responsibilities, including members of the immediate family who clearly need care and support.

Article 7. Labour market integration. In the absence of information on this subject, the Committee once again requests the Government to indicate whether the National Office for Vocational Training and Retraining, or any other institution, has taken or plans to take measures to enable workers to return to the labour market after an absence due to their family responsibilities.

Article 8. Protection against dismissal. The Committee notes that section 153(5) of the Labour Code “prohibits the dismissal of the employed person during unpaid leave following maternity leave (parental leave solely available to the mother), unless there is a serious fault by the person concerned or it is impossible to maintain the employment contract”. It also notes that the Labour Code provides that “an employed person may only be dismissed if there is an objectively verifiable reason such as to make it impossible to maintain the contractual relationship” (section 172(6)) and that “the reason for dismissal may relate to the employed person, including the worker’s state of health resulting in permanent invalidity, her or his inaptitude for the job, vocational inadequacy or faulty behaviour” (section 172(7)). However, the Committee notes that the Labour Code does not explicitly provide that family responsibilities may not, as such, constitute a valid reason for dismissal. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that family responsibilities do not constitute a valid reason for termination of employment.

Article 11. Employers’ and workers’ organizations. The Committee notes the Government’s general indication that employers’ and workers’ organizations have the right to participate in the formulation of legal texts and are always consulted. The Committee requests the Government to indicate the manner in which the participation and consultation of these organizations is ensured in practice in relation to the provisions and measures adopted to give effect to the Convention.

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The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further 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 comments.

Article 1(2) of the Convention. The Committee notes the concept of “family member” contained in section 60 of Decree No. 37/PRG/SGG/86 of 1987, which allows a worker to take leave of absence to care for a family member suffering from an illness requiring special care. It requests the Government to provide a definition in its next report of the terms “other members of their immediate family who clearly need their care or support”.

Article 3. The Committee notes the legal provisions taken in favour of parents with dependent children (family allowances, parental or maternity leave) and the protection against discriminatory practices accorded in particular in the Fundamental Act of 1990 and other legislative texts. It notes however that the criterion of “family responsibilities” is not explicitly included in the prohibited criteria of discrimination, and that no specific national policy to protect workers with such responsibilities appears to exist. The Committee draws the Government’s attention to the obligation imposed under Article 3 on each member State to include, among the objectives of its national policy, the guarantee that workers with family responsibilities may engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this connection, it wishes to refer the Government to Paragraphs 6–11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee requests the Government to provide information in its next report on the measures taken or under consideration for the adoption of a national policy as provided under the Convention.

Article 4. The Committee notes the provisions of section 53 of Decree No. 37/PRG/SGG of 23 February 1987, which allow employees three hours’ leave of absence a week to enable them to fulfil certain personal or family obligations during working time. It also notes that under section 60 of this Decree, a worker may take leave of absence to care for a family member suffering from an illness which requires special care, for a maximum period of two months. The Committee therefore requests the Government to indicate whether these provisions apply to all workers, and whether the measures taken in favour of women with dependent children also apply to men with dependent children.

In this connection, the Committee invites the Government to refer to Paragraphs 17–24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which gives examples of provisions likely to allow workers with family responsibilities to reconcile their employment and these responsibilities more easily. The Committee would be grateful if the Government would also supply the texts of any collective agreements likely to contain provisions enabling workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), and to take account of their needs in terms and conditions of employment and in social security (Article 4(b)). It finally requests the Government to supply all information on the implementation of its employment policy, and to indicate whether persons with family responsibilities are considered in employment creation.

Article 5. The Committee notes from the Government’s report that the organic text of the Ministry for Social Affairs, for the Promotion of Women and Children, has established a new technical directorate responsible for questions arising from workers’ family responsibilities and that this directorate will in future adopt specific measures to give effect to the Convention. The Committee asks the Government to supply information regarding these measures with its next reports. It also asks the Government to supply information on its policy regarding existing community structures to support workers with family responsibilities (childcare services, for example), whether public or private, as well as information on their number, their capacity, etc.

Article 6. The Committee notes the information that specific measures are under study to provide a better protection to workers with family responsibilities. It requests the Government to transmit these measures as soon as they have been adopted as well as information on the means whereby they have been communicated to those concerned with a view to their broader comprehension thereof. The Committee also requests the Government to indicate how AIDS awareness and combat programmes are turned more particularly towards workers with family responsibilities.

Article 7. The Committee notes that despite the legal provisions mentioned by the Government, there is no specific measure in the field of vocational training allowing workers to re-enter the labour force after an absence due to their family responsibilities. It requests the Government to indicate whether the Advisory Labour Committee, as part of its new mandate, and the National Office for Vocational Training and Retraining are taking action or considering action in respect of workers with family responsibilities.

Article 8. The Committee requests the Government to indicate the measures taken or under consideration to prohibit family responsibilities from being used as a reason for termination of employment.

Article 11. The Committee requests the Government to indicate the means whereby the participation of employers’ and workers’ organizations is ensured in devising and applying measures designed to give effect to the provisions of the Convention.

Part III of the report form. The Committee requests the Government to supply information on the activities of the Ministry of Employment and the Public Service, the Ministry for Health, the Ministry for Social Affairs, for the Promotion of Women and Children, in respect of workers with family responsibilities.

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The Committee notes with regret 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 read as follows:

Repetition

Article 1(2) of the Convention. The Committee notes the concept of “family member” contained in section 60 of Decree No. 37/PRG/SGG/86 of 1987, which allows a worker to take leave of absence to care for a family member suffering from an illness requiring special care. It requests the Government to provide a definition in its next report of the terms “other members of their immediate family who clearly need their care or support”.

Article 3. The Committee notes the legal provisions taken in favour of parents with dependent children (family allowances, parental or maternity leave) and the protection against discriminatory practices accorded in particular in the Fundamental Act of 1990 and other legislative texts. It notes however that the criterion of “family responsibilities” is not explicitly included in the prohibited criteria of discrimination, and that no specific national policy to protect workers with such responsibilities appears to exist. The Committee draws the Government’s attention to the obligation imposed under Article 3 on each member State to include, among the objectives of its national policy, the guarantee that workers with family responsibilities may engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this connection, it wishes to refer the Government to Paragraphs 6–11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee requests the Government to provide information in its next report on the measures taken or under consideration for the adoption of a national policy as provided under the Convention.

Article 4. The Committee notes the provisions of section 53 of Decree No. 37/PRG/SGG of 23 February 1987, which allow employees three hours’ leave of absence a week to enable them to fulfil certain personal or family obligations during working time. It also notes that under section 60 of this Decree, a worker may take leave of absence to care for a family member suffering from an illness which requires special care, for a maximum period of two months. The Committee therefore requests the Government to indicate whether these provisions apply to all workers, and whether the measures taken in favour of women with dependent children also apply to men with dependent children.

In this connection, the Committee invites the Government to refer to Paragraphs 17–24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which gives examples of provisions likely to allow workers with family responsibilities to reconcile their employment and these responsibilities more easily. The Committee would be grateful if the Government would also supply the texts of any collective agreements likely to contain provisions enabling workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), and to take account of their needs in terms and conditions of employment and in social security (Article 4(b)). It finally requests the Government to supply all information on the implementation of its employment policy, and to indicate whether persons with family responsibilities are considered in employment creation.

Article 5. The Committee notes from the Government’s report that the organic text of the Ministry for Social Affairs, for the Promotion of Women and Children, has established a new technical directorate responsible for questions arising from workers’ family responsibilities and that this directorate will in future adopt specific measures to give effect to the Convention. The Committee asks the Government to supply information regarding these measures with its next reports. It also asks the Government to supply information on its policy regarding existing community structures to support workers with family responsibilities (childcare services, for example), whether public or private, as well as information on their number, their capacity, etc.

Article 6. The Committee notes the information that specific measures are under study to provide a better protection to workers with family responsibilities. It requests the Government to transmit these measures as soon as they have been adopted as well as information on the means whereby they have been communicated to those concerned with a view to their broader comprehension thereof. The Committee also requests the Government to indicate how AIDS awareness and combat programmes are turned more particularly towards workers with family responsibilities.

Article 7. The Committee notes that despite the legal provisions mentioned by the Government (sections 44 and 49 of the Labour Code and other amending decrees), there is no specific measure in the field of vocational training allowing workers to re-enter the labour force after an absence due to their family responsibilities. It requests the Government to indicate whether the Advisory Labour Committee, as part of its new mandate, and the National Office for Vocational Training and Retraining are taking action or considering action in respect of workers with family responsibilities.

Article 8. The Committee requests the Government to indicate the measures taken or under consideration to prohibit family responsibilities from being used as a reason for termination of employment.

Article 11. The Committee requests the Government to indicate the means whereby the participation of employers’ and workers’ organizations is ensured in devising and applying measures designed to give effect to the provisions of the Convention.

Part III of the report form. The Committee requests the Government to supply information on the activities of the Ministry of Employment and the Public Service, the Ministry for Health, the Ministry for Social Affairs, for the Promotion of Women and Children, in respect of workers with family responsibilities.

CMNT_TITLE

The Committee notes with regret 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 read as follows:

Repetition

Article 1(2) of the Convention. The Committee notes the concept of “family member” contained in section 60 of Decree No. 37/PRG/SGG/86 of 1987, which allows a worker to take leave of absence to care for a family member suffering from an illness requiring special care. It requests the Government to provide a definition in its next report of the terms “other members of their immediate family who clearly need their care or support”.

Article 3. The Committee notes the legal provisions taken in favour of parents with dependent children (family allowances, parental or maternity leave) and the protection against discriminatory practices accorded in particular in the Fundamental Act of 1990 and other legislative texts. It notes however that the criterion of “family responsibilities” is not explicitly included in the prohibited criteria of discrimination, and that no specific national policy to protect workers with such responsibilities appears to exist. The Committee draws the Government’s attention to the obligation imposed under Article 3 on each member State to include, among the objectives of its national policy, the guarantee that workers with family responsibilities may engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this connection, it wishes to refer the Government to Paragraphs 6–11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee requests the Government to provide information in its next report on the measures taken or under consideration for the adoption of a national policy as provided under the Convention.

Article 4. The Committee notes the provisions of section 53 of Decree No. 37/PRG/SGG of 23 February 1987, which allow employees three hours’ leave of absence a week to enable them to fulfil certain personal or family obligations during working time. It also notes that under section 60 of this Decree, a worker may take leave of absence to care for a family member suffering from an illness which requires special care, for a maximum period of two months. The Committee therefore requests the Government to indicate whether these provisions apply to all workers, and whether the measures taken in favour of women with dependent children also apply to men with dependent children.

In this connection, the Committee invites the Government to refer to Paragraphs 17–24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which gives examples of provisions likely to allow workers with family responsibilities to reconcile their employment and these responsibilities more easily. The Committee would be grateful if the Government would also supply the texts of any collective agreements likely to contain provisions enabling workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), and to take account of their needs in terms and conditions of employment and in social security (Article 4(b)). It finally requests the Government to supply all information on the implementation of its employment policy, and to indicate whether persons with family responsibilities are considered in employment creation.

Article 5. The Committee notes from the Government’s report that the organic text of the Ministry for Social Affairs, for the Promotion of Women and Children, has established a new technical directorate responsible for questions arising from workers’ family responsibilities and that this directorate will in future adopt specific measures to give effect to the Convention. The Committee asks the Government to supply information regarding these measures with its next reports. It also asks the Government to supply information on its policy regarding existing community structures to support workers with family responsibilities (childcare services, for example), whether public or private, as well as information on their number, their capacity, etc.

Article 6. The Committee notes the information that specific measures are under study to provide a better protection to workers with family responsibilities. It requests the Government to transmit these measures as soon as they have been adopted as well as information on the means whereby they have been communicated to those concerned with a view to their broader comprehension thereof. The Committee also requests the Government to indicate how AIDS awareness and combat programmes are turned more particularly towards workers with family responsibilities.

Article 7. The Committee notes that despite the legal provisions mentioned by the Government (sections 44 and 49 of the Labour Code and other amending decrees), there is no specific measure in the field of vocational training allowing workers to re-enter the labour force after an absence due to their family responsibilities. It requests the Government to indicate whether the Advisory Labour Committee, as part of its new mandate, and the National Office for Vocational Training and Retraining are taking action or considering action in respect of workers with family responsibilities.

Article 8. The Committee requests the Government to indicate the measures taken or under consideration to prohibit family responsibilities from being used as a reason for termination of employment.

Article 11. The Committee requests the Government to indicate the means whereby the participation of employers’ and workers’ organizations is ensured in devising and applying measures designed to give effect to the provisions of the Convention.

Part III of the report form. The Committee requests the Government to supply information on the activities of the Ministry of Employment and the Public Service, the Ministry for Health, the Ministry for Social Affairs, for the Promotion of Women and Children, in respect of workers with family responsibilities.

CMNT_TITLE

The Committee notes with regret 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 read as follows:

Repetition

Article 1(2) of the Convention. The Committee notes the concept of “family member” contained in section 60 of Decree No. 37/PRG/SGG/86 of 1987, which allows a worker to take leave of absence to care for a family member suffering from an illness requiring special care. It requests the Government to provide a definition in its next report of the terms “other members of their immediate family who clearly need their care or support”.

Article 3. The Committee notes the legal provisions taken in favour of parents with dependent children (family allowances, parental or maternity leave) and the protection against discriminatory practices accorded in particular in the Fundamental Act of 1990 and other legislative texts. It notes however that the criterion of “family responsibilities” is not explicitly included in the prohibited criteria of discrimination, and that no specific national policy to protect workers with such responsibilities appears to exist. The Committee draws the Government’s attention to the obligation imposed under Article 3 on each member State to include, among the objectives of its national policy, the guarantee that workers with family responsibilities may engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this connection, it wishes to refer the Government to Paragraphs 6–11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee requests the Government to provide information in its next report on the measures taken or under consideration for the adoption of a national policy as provided under the Convention.

Article 4. The Committee notes the provisions of section 53 of Decree No. 37/PRG/SGG of 23 February 1987, which allow employees three hours’ leave of absence a week to enable them to fulfil certain personal or family obligations during working time. It also notes that under section 60 of this Decree, a worker may take leave of absence to care for a family member suffering from an illness which requires special care, for a maximum period of two months. The Committee therefore requests the Government to indicate whether these provisions apply to all workers, and whether the measures taken in favour of women with dependent children also apply to men with dependent children.

In this connection, the Committee invites the Government to refer to Paragraphs 17–24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which gives examples of provisions likely to allow workers with family responsibilities to reconcile their employment and these responsibilities more easily. The Committee would be grateful if the Government would also supply the texts of any collective agreements likely to contain provisions enabling workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), and to take account of their needs in terms and conditions of employment and in social security (Article 4(b)). It finally requests the Government to supply all information on the implementation of its employment policy, and to indicate whether persons with family responsibilities are considered in employment creation.

Article 5. The Committee notes from the Government’s report that the organic text of the Ministry for Social Affairs, for the Promotion of Women and Children, has established a new technical directorate responsible for questions arising from workers’ family responsibilities and that this directorate will in future adopt specific measures to give effect to the Convention. The Committee asks the Government to supply information regarding these measures with its next reports. It also asks the Government to supply information on its policy regarding existing community structures to support workers with family responsibilities (childcare services, for example), whether public or private, as well as information on their number, their capacity, etc.

Article 6. The Committee notes the information that specific measures are under study to provide a better protection to workers with family responsibilities. It requests the Government to transmit these measures as soon as they have been adopted as well as information on the means whereby they have been communicated to those concerned with a view to their broader comprehension thereof. The Committee also requests the Government to indicate how AIDS awareness and combat programmes are turned more particularly towards workers with family responsibilities.

Article 7. The Committee notes that despite the legal provisions mentioned by the Government (sections 44 and 49 of the Labour Code and other amending decrees), there is no specific measure in the field of vocational training allowing workers to re-enter the labour force after an absence due to their family responsibilities. It requests the Government to indicate whether the Advisory Labour Committee, as part of its new mandate, and the National Office for Vocational Training and Retraining are taking action or considering action in respect of workers with family responsibilities.

Article 8. The Committee requests the Government to indicate the measures taken or under consideration to prohibit family responsibilities from being used as a reason for termination of employment.

Article 11. The Committee requests the Government to indicate the means whereby the participation of employers’ and workers’ organizations is ensured in devising and applying measures designed to give effect to the provisions of the Convention.

Part III of the report form. The Committee requests the Government to supply information on the activities of the Ministry of Employment and the Public Service, the Ministry for Health, the Ministry for Social Affairs, for the Promotion of Women and Children, in respect of workers with family responsibilities.

CMNT_TITLE

The Committee notes with regret 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 read as follows:

Article 1(2) of the Convention. The Committee notes the concept of “family member” contained in section 60 of Decree No. 37/PRG/SGG/86 of 1987, which allows a worker to take leave of absence to care for a family member suffering from an illness requiring special care. It requests the Government to provide a definition in its next report of the terms “other members of their immediate family who clearly need their care or support”.

Article 3. The Committee notes the legal provisions taken in favour of parents with dependent children (family allowances, parental or maternity leave) and the protection against discriminatory practices accorded in particular in the Fundamental Act of 1990 and other legislative texts. It notes however that the criterion of “family responsibilities” is not explicitly included in the prohibited criteria of discrimination, and that no specific national policy to protect workers with such responsibilities appears to exist. The Committee draws the Government’s attention to the obligation imposed under Article 3 on each member State to include, among the objectives of its national policy, the guarantee that workers with family responsibilities may engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this connection, it wishes to refer the Government to Paragraphs 6–11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee requests the Government to provide information in its next report on the measures taken or under consideration for the adoption of a national policy as provided under the Convention.

Article 4. The Committee notes the provisions of section 53 of Decree No. 37/PRG/SGG of 23 February 1987, which allow employees three hours’ leave of absence a week to enable them to fulfil certain personal or family obligations during working time. It also notes that under section 60 of this Decree, a worker may take leave of absence to care for a family member suffering from an illness which requires special care, for a maximum period of two months. The Committee therefore requests the Government to indicate whether these provisions apply to all workers, and whether the measures taken in favour of women with dependent children also apply to men with dependent children.

In this connection, the Committee invites the Government to refer to Paragraphs 17–24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which gives examples of provisions likely to allow workers with family responsibilities to reconcile their employment and these responsibilities more easily. The Committee would be grateful if the Government would also supply the texts of any collective agreements likely to contain provisions enabling workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), and to take account of their needs in terms and conditions of employment and in social security (Article 4(b)). It finally requests the Government to supply all information on the implementation of its employment policy, and to indicate whether persons with family responsibilities are considered in employment creation.

Article 5. The Committee notes from the Government’s report that the organic text of the Ministry for Social Affairs, for the Promotion of Women and Children, has established a new technical directorate responsible for questions arising from workers’ family responsibilities and that this directorate will in future adopt specific measures to give effect to the Convention. The Committee asks the Government to supply information regarding these measures with its next reports. It also asks the Government to supply information on its policy regarding existing community structures to support workers with family responsibilities (childcare services, for example), whether public or private, as well as information on their number, their capacity, etc.

Article 6. The Committee notes the information that specific measures are under study to provide a better protection to workers with family responsibilities. It requests the Government to transmit these measures as soon as they have been adopted as well as information on the means whereby they have been communicated to those concerned with a view to their broader comprehension thereof. The Committee also requests the Government to indicate how AIDS awareness and combat programmes are turned more particularly towards workers with family responsibilities.

Article 7. The Committee notes that despite the legal provisions mentioned by the Government (sections 44 and 49 of the Labour Code and other amending decrees), there is no specific measure in the field of vocational training allowing workers to re-enter the labour force after an absence due to their family responsibilities. It requests the Government to indicate whether the Advisory Labour Committee, as part of its new mandate, and the National Office for Vocational Training and Retraining are taking action or considering action in respect of workers with family responsibilities.

Article 8. The Committee requests the Government to indicate the measures taken or under consideration to prohibit family responsibilities from being used as a reason for termination of employment.

Article 11. The Committee requests the Government to indicate the means whereby the participation of employers’ and workers’ organizations is ensured in devising and applying measures designed to give effect to the provisions of the Convention.

Part III of the report form. The Committee requests the Government to supply information on the activities of the Ministry of Employment and the Public Service, the Ministry for Health, the Ministry for Social Affairs, for the Promotion of Women and Children, in respect of workers with family responsibilities.

CMNT_TITLE

The Committee notes with regret 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 read as follows:

Article 1, paragraph 2, of the Convention. The Committee notes the concept of “family member” contained in section 60 of Decree No. 37/PRG/SGG/86 of 1987, which allows a worker to take leave of absence to care for a family member suffering from an illness requiring special care. It requests the Government to provide a definition in its next report of the terms “other members of their immediate family who clearly need their care or support”.

Article 3. The Committee notes the legal provisions taken in favour of parents with dependent children (family allowances, parental or maternity leave) and the protection against discriminatory practices accorded in particular in the Fundamental Act of 1990 and other legislative texts. It notes however that the criterion of “family responsibilities” is not explicitly included in the prohibited criteria of discrimination, and that no specific national policy to protect workers with such responsibilities appears to exist. The Committee draws the Government’s attention to the obligation imposed under Article 3 on each member State to include, among the objectives of its national policy, the guarantee that workers with family responsibilities may engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this connection, it wishes to refer the Government to Paragraphs 6–11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee requests the Government to provide information in its next report on the measures taken or under consideration for the adoption of a national policy as provided under the Convention.

Article 4. The Committee notes the provisions of section 53 of Decree No. 37/PRG/SGG of 23 February 1987, which allow employees three hours’ leave of absence a week to enable them to fulfil certain personal or family obligations during working time. It also notes that under section 60 of this Decree, a worker may take leave of absence to care for a family member suffering from an illness which requires special care, for a maximum period of two months. The Committee therefore requests the Government to indicate whether these provisions apply to all workers, and whether the measures taken in favour of women with dependent children also apply to men with dependent children. In this connection, the Committee invites the Government to refer to Paragraphs 17–24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which gives examples of provisions likely to allow workers with family responsibilities to reconcile their employment and these responsibilities more easily. The Committee would be grateful if the Government would also supply the texts of any collective agreements likely to contain provisions enabling workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), and to take account of their needs in terms and conditions of employment and in social security (Article 4(b)). It finally requests the Government to supply all information on the implementation of its employment policy, and to indicate whether persons with family responsibilities are considered in employment creation.

Article 5. The Committee notes from the Government’s report that the organic text of the Ministry for Social Affairs, for the Promotion of Women and Children, has established a new technical directorate responsible for questions arising from workers’ family responsibilities and that this directorate will in future adopt specific measures to give effect to the Convention. The Committee asks the Government to supply information regarding these measures with its next reports. It also asks the Government to supply information on its policy regarding existing community structures to support workers with family responsibilities (childcare services, for example), whether public or private, as well as information on their number, their capacity, etc.

Article 6. The Committee notes the information that specific measures are under study to provide a better protection to workers with family responsibilities. It requests the Government to transmit these measures as soon as they have been adopted as well as information on the means whereby they have been communicated to those concerned with a view to their broader comprehension thereof. The Committee also requests the Government to indicate how AIDS awareness and combat programmes are turned more particularly towards workers with family responsibilities.

Article 7. The Committee notes that despite the legal provisions mentioned by the Government (sections 44 and 49 of the Labour Code and other amending decrees), there is no specific measure in the field of vocational training allowing workers to re-enter the labour force after an absence due to their family responsibilities. It requests the Government to indicate whether the Advisory Labour Committee, as part of its new mandate, and the National Office for Vocational Training and Retraining are taking action or considering action in respect of workers with family responsibilities.

Article 8. The Committee requests the Government to indicate the measures taken or under consideration to prohibit family responsibilities from being used as a reason for termination of employment.

Article 11. The Committee requests the Government to indicate the means whereby the participation of employers’ and workers’ organizations is ensured in devising and applying measures designed to give effect to the provisions of the Convention.

Part III of the report form. The Committee requests the Government to supply information on the activities of the Ministry of Employment and the Public Service, the Ministry for Health, the Ministry for Social Affairs, for the Promotion of Women and Children, in respect of workers with family responsibilities.

CMNT_TITLE

The Committee notes with regret 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 read as follows:

1. Article 1(2) of the Convention. The Committee notes the concept of “family member” contained in section 60 of Decree No. 37/PRG/SGG/86 of 1987, which allows a worker to take leave of absence to care for a family member suffering from an illness requiring special care. It requests the Government to provide a definition in its next report of the terms “other members of their immediate family who clearly need their care or support”.

2. Article 3. The Committee notes the legal provisions taken in favour of parents with dependent children (family allowances, parental or maternity leave) and the protection against discriminatory practices accorded in particular in the Fundamental Act of 1990 and other legislative texts. It notes however that the criterion of “family responsibilities” is not explicitly included in the prohibited criteria of discrimination, and that no specific national policy to protect workers with such responsibilities appears to exist. The Committee draws the Government’s attention to the obligation imposed under Article 3 on each member State to include, among the objectives of its national policy, the guarantee that workers with family responsibilities may engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this connection, it wishes to refer the Government to Paragraphs 6–11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee requests the Government to provide information in its next report on the measures taken or under consideration for the adoption of a national policy as provided under the Convention.

3. Article 4. The Committee notes the provisions of section 53 of Decree No. 37/PRG/SGG of 23 February 1987, which allow employees three hours’ leave of absence a week to enable them to fulfil certain personal or family obligations during working time. It also notes that under section 60 of this Decree, a worker may take leave of absence to care for a family member suffering from an illness which requires special care, for a maximum period of two months. The Committee therefore requests the Government to indicate whether these provisions apply to all workers, and whether the measures taken in favour of women with dependent children also apply to men with dependent children. In this connection, the Committee invites the Government to refer to Paragraphs 17–24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which gives examples of provisions likely to allow workers with family responsibilities to reconcile their employment and these responsibilities more easily. The Committee would be grateful if the Government would also supply the texts of any collective agreements likely to contain provisions enabling workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), and to take account of their needs in terms and conditions of employment and in social security (Article 4(b)). It finally requests the Government to supply all information on the implementation of its employment policy, and to indicate whether persons with family responsibilities are considered in employment creation.

4. Article 5. The Committee notes from the Government’s report that the organic text of the Ministry for Social Affairs, for the Promotion of Women and Children, has established a new technical directorate responsible for questions arising from workers’ family responsibilities and that this directorate will in future adopt specific measures to give effect to the Convention. The Committee asks the Government to supply information regarding these measures with its next reports. It also asks the Government to supply information on its policy regarding existing community structures to support workers with family responsibilities (childcare services, for example), whether public or private, as well as information on their number, their capacity, etc.

5. Article 6. The Committee notes the information that specific measures are under study to provide a better protection to workers with family responsibilities. It requests the Government to transmit these measures as soon as they have been adopted as well as information on the means whereby they have been communicated to those concerned with a view to their broader comprehension thereof. The Committee also requests the Government to indicate how AIDS awareness and combat programmes are turned more particularly towards workers with family responsibilities.

6. Article 7. The Committee notes that despite the legal provisions mentioned by the Government (sections 44 and 49 of the Labour Code and other amending decrees), there is no specific measure in the field of vocational training allowing workers to re-enter the labour force after an absence due to their family responsibilities. It requests the Government to indicate whether the Advisory Labour Committee, as part of its new mandate, and the National Office for Vocational Training and Retraining are taking action or considering action in respect of workers with family responsibilities.

7. Article 8. The Committee requests the Government to indicate the measures taken or under consideration to prohibit family responsibilities from being used as a reason for termination of employment.

8. Article 11. The Committee requests the Government to indicate the means whereby the participation of employers’ and workers’ organizations is ensured in the particular field of workers with family responsibilities.

9. Part III of the report form. The Committee requests the Government to supply information on the activities of the Ministry of Employment and the Public Service, the Ministry for Health, the Ministry for Social Affairs, for the Promotion of Women and Children, in respect of workers with family responsibilities.

CMNT_TITLE

The Committee notes with regret 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 read as follows:

1. Article 1(2) of the Convention. The Committee notes the concept of “family member” contained in section 60 of Decree No. 37/PRG/SGG/86 of 1987, which allows a worker to take leave of absence to care for a family member suffering from an illness requiring special care. It requests the Government to provide a definition in its next report of the terms “other members of their immediate family who clearly need their care or support”.

2. Article 3. The Committee notes the legal provisions taken in favour of parents with dependent children (family allowances, parental or maternity leave) and the protection against discriminatory practices accorded in particular in the Fundamental Act of 1990 and other legislative texts. It notes however that the criterion of “family responsibilities” is not explicitly included in the prohibited criteria of discrimination, and that no specific national policy to protect workers with such responsibilities appears to exist. The Committee draws the Government’s attention to the obligation imposed under Article 3 on each member State to include, among the objectives of its national policy, the guarantee that workers with family responsibilities may engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this connection, it wishes to refer the Government to Paragraphs 6–11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee requests the Government to provide information in its next report on the measures taken or under consideration for the adoption of a national policy as provided under the Convention.

3. Article 4. The Committee notes the provisions of section 53 of Decree No. 37/PRG/SGG of 23 February 1987, which allow employees three hours’ leave of absence a week to enable them to fulfil certain personal or family obligations during working time. It also notes that under section 60 of this Decree, a worker may take leave of absence to care for a family member suffering from an illness which requires special care, for a maximum period of two months. The Committee therefore requests the Government to indicate whether these provisions apply to all workers, and whether the measures taken in favour of women with dependent children also apply to men with dependent children. In this connection, the Committee invites the Government to refer to Paragraphs 17–24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which gives examples of provisions likely to allow workers with family responsibilities to reconcile their employment and these responsibilities more easily. The Committee would be grateful if the Government would also supply the texts of any collective agreements likely to contain provisions enabling workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), and to take account of their needs in terms and conditions of employment and in social security (Article 4(b)). It finally requests the Government to supply all information on the implementation of its employment policy, and to indicate whether persons with family responsibilities are considered in employment creation.

4. Article 5. The Committee notes from the Government’s report that the organic text of the Ministry for Social Affairs, for the Promotion of Women and Children, has established a new technical directorate responsible for questions arising from workers’ family responsibilities and that this directorate will in future adopt specific measures to give effect to the Convention. The Committee asks the Government to supply information regarding these measures with its next reports. It also asks the Government to supply information on its policy regarding existing community structures to support workers with family responsibilities (childcare services, for example), whether public or private, as well as information on their number, their capacity, etc.

5. Article 6. The Committee notes the information that specific measures are under study to provide a better protection to workers with family responsibilities. It requests the Government to transmit these measures as soon as they have been adopted as well as information on the means whereby they have been communicated to those concerned with a view to their broader comprehension thereof. The Committee also requests the Government to indicate how AIDS awareness and combat programmes are turned more particularly towards workers with family responsibilities.

6. Article 7. The Committee notes that despite the legal provisions mentioned by the Government (sections 44 and 49 of the Labour Code and other amending decrees), there is no specific measure in the field of vocational training allowing workers to re-enter the labour force after an absence due to their family responsibilities. It requests the Government to indicate whether the Advisory Labour Committee, as part of its new mandate, and the National Office for Vocational Training and Retraining are taking action or considering action in respect of workers with family responsibilities.

7. Article 8. The Committee requests the Government to indicate the measures taken or under consideration to prohibit family responsibilities from being used as a reason for termination of employment.

8. Article 11. The Committee requests the Government to indicate the means whereby the participation of employers’ and workers’ organizations is ensured in the particular field of workers with family responsibilities.

9. Part III of the report form. The Committee requests the Government to supply information on the activities of the Ministry of Employment and the Public Service, the Ministry for Health, the Ministry for Social Affairs, for the Promotion of Women and Children, in respect of workers with family responsibilities.

CMNT_TITLE

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 read as follows:

1. Article 1(2) of the Convention. The Committee notes the concept of “family member” contained in section 60 of Decree No. 37/PRG/SGG/86 of 1987, which allows a worker to take leave of absence to care for a family member suffering from an illness requiring special care. It requests the Government to provide a definition in its next report of the terms “other members of their immediate family who clearly need their care or support”.

2. Article 3. The Committee notes the legal provisions taken in favour of parents with dependent children (family allowances, parental or maternity leave) and the protection against discriminatory practices accorded in particular in the Fundamental Act of 1990 and other legislative texts. It notes however that the criterion of “family responsibilities” is not explicitly included in the prohibited criteria of discrimination, and that no specific national policy to protect workers with such responsibilities appears to exist. The Committee draws the Government’s attention to the obligation imposed under Article 3 on each member State to include, among the objectives of its national policy, the guarantee that workers with family responsibilities may engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this connection, it wishes to refer the Government to Paragraphs 6-11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee requests the Government to provide information in its next report on the measures taken or under consideration for the adoption of a national policy as provided under the Convention.

3. Article 4. The Committee notes the provisions of section 53 of Decree No. 37/PRG/SGG of 23 February 1987, which allow employees three hours’ leave of absence a week to enable them to fulfil certain personal or family obligations during working time. It also notes that under section 60 of this Decree, a worker may take leave of absence to care for a family member suffering from an illness which requires special care, for a maximum period of two months. The Committee therefore requests the Government to indicate whether these provisions apply to all workers, and whether the measures taken in favour of women with dependent children also apply to men with dependent children. In this connection, the Committee invites the Government to refer to Paragraphs 17 24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which gives examples of provisions likely to allow workers with family responsibilities to reconcile their employment and these responsibilities more easily. The Committee would be grateful if the Government would also supply the texts of any collective agreements likely to contain provisions enabling workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), and to take account of their needs in terms and conditions of employment and in social security (Article 4(b)). It finally requests the Government to supply all information on the implementation of its employment policy, and to indicate whether persons with family responsibilities are considered in employment creation.

4. Article 5. The Committee notes from the Government’s report that the organic text of the Ministry for Social Affairs, for the Promotion of Women and Children, has established a new technical directorate responsible for questions arising from workers’ family responsibilities and that this directorate will in future adopt specific measures to give effect to the Convention. The Committee asks the Government to supply information regarding these measures with its next reports. It also asks the Government to supply information on its policy regarding existing community structures to support workers with family responsibilities (childcare services, for example), whether public or private, as well as information on their number, their capacity, etc.

5. Article 6. The Committee notes the information that specific measures are under study to provide a better protection to workers with family responsibilities. It requests the Government to transmit these measures as soon as they have been adopted as well as information on the means whereby they have been communicated to those concerned with a view to their broader comprehension thereof. The Committee also requests the Government to indicate how AIDS awareness and combat programmes are turned more particularly towards workers with family responsibilities.

6. Article 7. The Committee notes that despite the legal provisions mentioned by the Government (section 44 and 49 of the Labour Code and other amending decrees), there is no specific measure in the field of vocational training allowing workers to re-enter the labour force after an absence due to their family responsibilities. It requests the Government to indicate whether the Advisory Labour Committee, as part of its new mandate, and the National Office for Vocational Training and Retraining are taking action or considering action in respect of workers with family responsibilities.

7. Article 8. The Committee requests the Government to indicate the measures taken or under consideration to prohibit family responsibilities from being used as a reason for termination of employment.

8. Article 11. The Committee requests the Government to indicate the means whereby the participation of employers’ and workers’ organizations is ensured in the particular field of workers with family responsibilities.

9. Part III of the report form. The Committee requests the Government to supply information on the activities of the Ministry of Employment and the Public Service, the Ministry for Health, the Ministry for Social Affairs, for the Promotion of Women and Children, in respect of workers with family responsibilities.

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The Committee notes the information contained in the Government’s first reports as well as the notification of a draft new Labour Code. The Committee draws the Government’s attention to the following points.

1.  Article 1(2) of the Convention.  The Committee notes the concept of "family member" contained in section 60 of Decree No. 37/PRG/SGG/86 of 1987, which allows a worker to take leave of absence to care for a family member suffering from an illness requiring special care. It requests the Government to provide a definition in its next report of the terms "other members of their immediate family who clearly need their care or support".

2.  Article 3.  The Committee notes the legal provisions taken in favour of parents with dependent children (family allowances, parental or maternity leave) and the protection against discriminatory practices accorded in particular in the Fundamental Act of 1990 and other legislative texts. It notes however that the criterion of "family responsibilities" is not explicitly included in the prohibited criteria of discrimination, and that no specific national policy to protect workers with such responsibilities appears to exist. The Committee draws the Government’s attention to the obligation imposed under Article 3 on each member State to include, among the objectives of its national policy, the guarantee that workers with family responsibilities may engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this connection, it wishes to refer the Government to Paragraphs 6-11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee requests the Government to provide information in its next report on the measures taken or under consideration for the adoption of a national policy as provided under the Convention.

3.  Article 4.  The Committee notes the provisions of section 53 of Decree No. 37/PRG/SGG of 23 February 1987, which allow employees three hours’ leave of absence a week to enable them to fulfil certain personal or family obligations during working time. It also notes that under section 60 of this Decree, a worker may take leave of absence to care for a family member suffering from an illness which requires special care, for a maximum period of two months. The Committee therefore requests the Government to indicate whether these provisions apply to all workers, and whether the measures taken in favour of women with dependent children also apply to men with dependent children. In this connection, the Committee invites the Government to refer to Paragraphs 17-24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which gives examples of provisions likely to allow workers with family responsibilities to reconcile their employment and these responsibilities more easily. The Committee would be grateful if the Government would also supply the texts of any collective agreements likely to contain provisions enabling workers with family responsibilities to exercise their right to free choice of employment (Article 4(a)), and to take account of their needs in terms and conditions of employment and in social security (Article 4(b)). It finally requests the Government to supply all information on the implementation of its employment policy, and to indicate whether persons with family responsibilities are considered in employment creation.

4.  Article 5.  The Committee notes from the Government’s report that the organic text of the Ministry for Social Affairs, for the Promotion of Women and Children, has established a new technical directorate responsible for questions arising from workers’ family responsibilities and that this directorate will in future adopt specific measures to give effect to the Convention. The Committee asks the Government to supply information regarding these measures with its next reports. It also asks the Government to supply information on its policy regarding existing community structures to support workers with family responsibilities (childcare services, for example), whether public or private, as well as information on their number, their capacity, etc.

5.  Article 6.  The Committee notes the information that specific measures are under study to provide a better protection to workers with family responsibilities. It requests the Government to transmit these measures as soon as they have been adopted as well as information on the means whereby they have been communicated to those concerned with a view to their broader comprehension thereof. The Committee also requests the Government to indicate how AIDS awareness and combat programmes are turned more particularly towards workers with family responsibilities.

6.  Article 7.  The Committee notes that despite the legal provisions mentioned by the Government (section 44 and 49 of the Labour Code and other amending decrees), there is no specific measure in the field of vocational training allowing workers to re-enter the labour force after an absence due to their family responsibilities. It requests the Government to indicate whether the Advisory Labour Committee, as part of its new mandate, and the National Office for Vocational Training and Retraining are taking action or considering action in respect of workers with family responsibilities.

7.  Article 8.  The Committee requests the Government to indicate the measures taken or under consideration to prohibit family responsibilities from being used as a reason for termination of employment.

8.  Article 11.  The Committee requests the Government to indicate the means whereby the participation of employers’ and workers’ organizations is ensured in the particular field of workers with family responsibilities.

9.  Part III of the report form.  The Committee requests the Government to supply information on the activities of the Ministry of Employment and the Public Service, the Ministry for Health, the Ministry for Social Affairs, for the Promotion of Women and Children, in respect of workers with family responsibilities.