Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Peru (Ratification: 1986)

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:

The Committee takes note of the information and statistics contained in the Government's report. It would like to draw attention to the following points:

1. Article 3 of the Convention. The Committee refers to its previous comments in which it noted the constitutional and legislative provisions relating to equal opportunities, non-discrimination and the protection of the working mother. In its comments the Committee had pointed out that national legislation did not make specific reference to workers with family responsibilities and that there appeared to be no policy aiming at enabling persons with family responsibilities to exercise their right to be employed without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In its most recent report the Government provides information concerning the right to equal pay for equal work between men and women.

The Committee would again draw the Government's attention to the obligation imposed under Article 3 on each member State to make it an aim of national policy to enable workers with family responsibilities to engage in employment without being subject to discrimination. While the adoption of a national policy to assist workers with family responsibilities is to be formulated within the context of a policy of equality of opportunity and treatment for men and women workers, the measures required under Article 3 are more specific.

The Committee hopes that the next report will indicate the measures taken or envisaged to adopt the national policy called for in Article 3 of the Convention.

2. Article 4. The Government reiterates that collective agreements take into consideration the needs of workers with family responsibilities. The Committee again requests the Government to supply with its next report the text of collective agreements which provide special measures for workers with family responsibilities as regards access to employment, terms and conditions of employment or social security.

3. Article 5. The Committee notes from the Government's most recent report that child-care facilities are provided for children of workers in the public sector in order to assist such workers with their family responsibilities and that such facilities are regulated by internal resolutions of each section and by collective agreement. The Committee would be grateful if the Government would supply information, including statistics, on the extent to which the presently existing child-care facilities meet the demand for such facilities and the manner in which the cost of such facilities is borne. The Committee hopes the Government will also be able to indicate in its next report the measures taken to provide such facilities for workers in the private sector.

The Committee would be grateful if the Government would indicate in its next report whether any family services other than child care exist to assist workers in reconciling their work and family responsibilities with dependants other than children.

Further, the Committee requests the Government to indicate how account is taken of the needs of workers with family responsibilities in community planning.

Article 6. The Committee notes that no information has been provided on the application of this Article. It again stresses the importance of taking appropriate measures to promote information and education to foster a better understanding of the principles of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities. The Committee hopes the Government will be able to indicate the measures taken in this regard in its next report.

Article 7. In its previous report the Government had indicated that it intended to bring the Convention to the attention of the authorities responsible for planning, vocational training and employment, so that they could take it into account in restructuring their activities. The Committee notes that no information is provided on the progress achieved in this respect. It therefore reiterates the hope that the Government will, in its next report, be able to indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 8. The Committee requests the Government to provide information on any legislative provisions, collective agreements, or court decisions ensuring that family responsibilities cannot constitute a basis for dismissal in employment.

Article 11. The Government is again asked to provide information on the manner in which employers' and workers' organizations participate in the application of the provisions of the Convention.

Part V of the report form. The Committee requests the Government to continue to supply statistical information called for under this point in the report form.