Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Workers with Family Responsibilities Convention, 1981 (No. 156) - San Marino (Ratification: 1988)

With reference to its previous direct request, the Committee notes the detailed information supplied by the Government in its report, and the enclosed documentation.

1. Article 4(a) of the Convention. The Committee notes with interest that during each legislature a committee is established to examine equality in law for men and women and that a new committee was established in 1993 for the 1993-98 legislature. It asks the Government to provide a copy of any recommendations made by this committee that are relevant to the Convention, and information on the measures taken or envisaged to implement them. The Committee notes from the report that men and women are culturally and socially equal, and would be grateful if the Government would continue to provide detailed information on specific measures taken to enable workers - both men and women - with family responsibilities to exercise their right to free choice of employment.

2. Article 4(b). The Committee notes that the Government and the social partners are currently discussing the parents' right to leave in order to bring up their children at home until the age of three, rather than placing them in a nursery. Please inform the Committee of the outcome of these discussions. Furthermore, noting the information supplied in the report on social security benefits relating to maternity and nursing, the Committee asks the Government to continue to provide information on the measures taken or envisaged, other than maternity and nursing leave, to enable parents who work, in either the private or the public sector, to reconcile better their employment and family responsibilities towards both children and other members of the immediate family who plainly need care or support. Such measures could include a reduction of working hours, leave to care for a sick child, flexible working hours, the possibility of working at home, job-sharing or any other measure provided for in Paragraphs 17 to 23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).

3. With regard to parental leave, the Committee noted in its previous comments that there were provisions on parental leave in Act No. 40 of 1981 as amended by Act No. 30 of 1984, but that such leave was not counted in reckoning seniority, pension entitlements, annual leave or severance pay. It asked the Government to give consideration to including parental leave in the leave counted in reckoning these entitlements and to report on any measures contemplated or taken in this regard. In reply, the Government states that there is no provision for "parental leave" within the meaning understood by the Committee, but that during the first year of the child's life, after the maternity leave (congedo), a parent may ask for "maternity absence" (aspettativa). The Committee asks the Government to refer to paragraphs 157 to 169 of its 1993 General Survey on Workers with Family Responsibilities, and particularly paragraph 163 where it describes situations in which special leave is taken into consideration for certain entitlements linked to employment. It would be grateful if the Government would indicate in its next report whether it plans to take any measures whereby such leave is included in the leave normally counted in reckoning entitlements.

4. Article 5. The Committee notes the information in the report concerning the increase in the number of nurseries for children under three and the social services activities for children and young people in general. It asks the Government to indicate in its next report whether the services for the care of children and other dependants to help workers to reconcile their employment and family responsibilities meet current demands in terms of availability, quality and accessibility and, if not, the measures taken or envisaged to meet these demands.

5. Article 6. The Committee notes from the report that the public is kept informed of Parliament's conclusions and recommendations by means of publications and the media. It none the less asks the Government to indicate (providing examples) any specific measures taken or envisaged to publicize the content of the Convention throughout the whole community, including measures to advocate the sharing of family responsibilities between men and women. In this connection, the Committee asks the Government to refer to the examples and explanations in paragraphs 90 to 95 of the above-mentioned General Survey.

6. Article 7. In its report the Government indicates that there is no discrimination against workers with family responsibilities in occupational training and further training, but that there is no special vocational guidance service for them. It asks the Government to provide information in its future reports on any specific measures expressly 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. In particular, please supply information on the facilities provided for vocational training, paid educational leave, vocational guidance, counselling, or information on placement services made available to workers of both sexes who have temporarily left work in order to carry out their family responsibilities.