Workers with Family Responsibilities Convention, 1981 (No. 156) - Yemen (Ratification: 1989)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Article 1 of the Convention. Definitions. The Committee previously asked the Government to indicate how the provisions of Law No. 39 of 2008 (which aims at providing social welfare to categories of people whose health, physical condition or age does not enable them to be independent) assist workers to balance work with their responsibilities, for immediate family members in need of their care or support, and to provide information on the measures taken or envisaged in this respect, including through the amendment of Law No. 26 of 1991 related to social insurance. The Committee notes the Government’s indication that, the Social Welfare Code contains legal provisions that provide social welfare to people classified as poor, but owing to the war and the withdrawal of donors, many of the Social Welfare Fund’s activities, including the provision of monetary assistance, have been suspended. However, a year ago, the Government resumed them in collaboration with the World Bank, UNICEF and local partners. The Committee asks the Government to indicate the provisions of the Social Welfare Code which aim to provide assistance to men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support, where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity.

Article 2. Coverage of categories of workers and branches of activity. Considering that, more than 70 per cent of the Yemeni population are employed in agricultural work, the Committee asked the Government in its previous comment, to provide specific information on the steps taken and the progress made in the adoption of a law specifically for agricultural workers who are excluded from the scope of the Labour Code. The Committee notes the Government’s indication that the new draft Law on Social Security covers agricultural workers, but that it has not been approved in the House of Representatives because of the war and its impact. The Committee asks the Government to provide information on the adoption of any legislation which will promote the application of the Convention in the agricultural sector.

Article 3. National policy. Noting that the Government did not respond to its previous request on this point, the Committee once again asks the Government to provide information on any measures taken or envisaged to formulate and implement a national policy on workers with family responsibilities, including through the new Labour Code. In addition, it asks the Government whether the National Strategy for Women’s Employment (2001–11) has been updated and to provide information on the impact of its application.

Articles 4 and 5. Measures to facilitate and promote access to employment for workers with family responsibilities, and to make the workplace more responsive to the needs of workers with family responsibilities. In the absence of information in the Government’s report on these points, the Committee asks the Government to provide information on any measures adopted: (i) to promote the employment and re-employment of workers with family responsibilities; and (ii) to create conditions conducive to equality of opportunity and treatment for both men and women workers with respect to work and family responsibilities, such as measures to develop or promote community services, either public or private (for instance childcare and family services and facilities).

Article 6. Information, education and research. Referring to its previous comments, the Committee once again requests the Government to take measures to raise public awareness on the issue of workers with family responsibilities in order to promote the application of the Convention and to report on any progress in this regard.

Article 8. Termination of employment. In the absence of any information on the subject, the Committee reiterates its request to the Government to include in the new Labour Code a provision specifying that a worker’s service may not be terminated on the ground of his or her family responsibilities.

Article 11. Role of employers’ and workers’ organizations. The Committee notes the Government’s indication that the activities of the Labour Council has stopped due to the political crisis and the ongoing war and confirmation that it will make significant efforts to re-activate the Labour Council once the situation stabilizes. While taking note of this information, the Committee asks the Government to provide information on the activities of the Labour Council, once operational, and meanwhile, to indicate the activities planned or in place to raise awareness among employers’ and workers’ organizations about the issues relating to balancing work and family responsibilities.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret 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 initially made in 2013.

Repetition

Article 1 of the Convention. The Committee notes the Government’s indication that Law No. 39 of 2008 which aims at providing social welfare to categories of people whose health, physical condition or age does not enable them to be independent, was adopted. The law applies to orphans, persons with disabilities, unemployed persons, the elderly and women “without a breadwinner”. The Government further indicates that steps were taken to amend the sections of Law No. 26 of 1991 relating to social insurance, in order to ensure increased attention to the family. The Committee asks the Government to indicate how the provisions of Law No. 39 of 2008 assist workers to balance work with their responsibilities for immediate family members in need of their care or support and to continue to provide information on the measures taken or envisaged in this respect, including through the amendment of Law No. 26 of 1991.

Article 2. With respect to agricultural and pastoral workers who are excluded from the scope of the Labour Code, the Committee notes the Government’s statement that it is undertaking consultations with the Ministry of Agriculture and the social partners with respect to all matters of concern to them. Recalling the Government’s earlier statement that more than 70 per cent of the Yemeni population are employed in agricultural work, the Committee asks the Government to provide specific information on the steps taken and the progress made in the adoption of a law specifically for agricultural workers. The Committee once again expresses its hope that these legislative developments will promote the application of the Convention in the agricultural sector, and requests the Government to provide information on the content of the legislation in this respect.

Article 3. The Committee notes that the Government refers to the difficult situation of the country for the past three years and indicates that it is finalizing the procedures for the promulgation of the new Labour Code. The Committee, while noting that the Government refers in its report to the employment of women would like to recall that Article 3 of the Convention requires that national policy shall aim 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, and so should apply to both men and women on an equal footing. The Committee requests the Government to provide information on any measures taken or envisaged to formulate and implement a national policy on workers with family responsibilities, including through the new Labour Code. The Committee once again asks the Government how the National Strategy for Women’s Employment (2001–11) contributed to the application of the Convention, and requests information on any updated National Strategy.

Articles 4 and 5. The Committee requests the Government to provide information on any measures taken or envisaged to create conditions conducive to equality of opportunity and treatment for both men and women workers with respect to work and family responsibilities. Please also provide information on any measures taken or envisaged to develop or promote community services, public or private, such as childcare and family services and facilities.

Article 6. Referring to its previous comments, the Committee requests the Government to take measures to raise public awareness on the issue of workers with family responsibilities in order to promote the application of the Convention and to report on any progress in this regard.

Article 8. The Committee asks the Government to provide information on the progress with respect to including in the new Labour Code a provision specifying that a worker’s service may not be terminated on the ground of his or her family responsibilities and to forward the text of the relevant legislative provisions upon adoption.

Article 11. While noting the Government’s reference to the political instability in the past three years in the country, the Committee looks forward to receiving information on the renewed work of the Labour Council, particularly with respect to its efforts to design and apply measures to give effect to the Convention. Furthermore, the Committee once again asks the Government for information on any activities planned or in place to raise awareness among employers’ and workers’ organizations about the issues relating to balancing work and family responsibilities.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret 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 1 of the Convention. The Committee notes the Government’s indication that Law No. 39 of 2008 which aims at providing social welfare to categories of people whose health, physical condition or age does not enable them to be independent, was adopted. The law applies to orphans, persons with disabilities, unemployed persons, the elderly and women “without a breadwinner”. The Government further indicates that steps were taken to amend the sections of Law No. 26 of 1991 relating to social insurance, in order to ensure increased attention to the family. The Committee asks the Government to indicate how the provisions of Law No. 39 of 2008 assist workers to balance work with their responsibilities for immediate family members in need of their care or support and to continue to provide information on the measures taken or envisaged in this respect, including through the amendment of Law No. 26 of 1991.

Article 2. With respect to agricultural and pastoral workers who are excluded from the scope of the Labour Code, the Committee notes the Government’s statement that it is undertaking consultations with the Ministry of Agriculture and the social partners with respect to all matters of concern to them. Recalling the Government’s earlier statement that more than 70 per cent of the Yemeni population are employed in agricultural work, the Committee asks the Government to provide specific information on the steps taken and the progress made in the adoption of a law specifically for agricultural workers. The Committee once again expresses its hope that these legislative developments will promote the application of the Convention in the agricultural sector, and requests the Government to provide information on the content of the legislation in this respect.

Article 3. The Committee notes that the Government refers to the difficult situation of the country for the past three years and indicates that it is finalizing the procedures for the promulgation of the new Labour Code. The Committee, while noting that the Government refers in its report to the employment of women would like to recall that Article 3 of the Convention requires that national policy shall aim 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, and so should apply to both men and women on an equal footing. The Committee requests the Government to provide information on any measures taken or envisaged to formulate and implement a national policy on workers with family responsibilities, including through the new Labour Code. The Committee once again asks the Government how the National Strategy for Women’s Employment (2001–11) contributed to the application of the Convention, and requests information on any updated National Strategy.

Articles 4 and 5. The Committee requests the Government to provide information on any measures taken or envisaged to create conditions conducive to equality of opportunity and treatment for both men and women workers with respect to work and family responsibilities. Please also provide information on any measures taken or envisaged to develop or promote community services, public or private, such as childcare and family services and facilities.

Article 6. Referring to its previous comments, the Committee requests the Government to take measures to raise public awareness on the issue of workers with family responsibilities in order to promote the application of the Convention and to report on any progress in this regard.

Article 8. The Committee asks the Government to provide information on the progress with respect to including in the new Labour Code a provision specifying that a worker’s service may not be terminated on the ground of his or her family responsibilities and to forward the text of the relevant legislative provisions upon adoption.

Article 11. While noting the Government’s reference to the political instability in the past three years in the country, the Committee looks forward to receiving information on the renewed work of the Labour Council, particularly with respect to its efforts to design and apply measures to give effect to the Convention. Furthermore, the Committee once again asks the Government for information on any activities planned or in place to raise awareness among employers’ and workers’ organizations about the issues relating to balancing work and family responsibilities.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. The Committee notes the Government’s indication that Law No. 39 of 2008 which aims at providing social welfare to categories of people whose health, physical condition or age does not enable them to be independent, was adopted. The law applies to orphans, persons with disabilities, unemployed persons, the elderly and women “without a breadwinner”. The Government further indicates that steps were taken to amend the sections of Law No. 26 of 1991 relating to social insurance, in order to ensure increased attention to the family. The Committee asks the Government to indicate how the provisions of Law No. 39 of 2008 assist workers to balance work with their responsibilities for immediate family members in need of their care or support and to continue to provide information on the measures taken or envisaged in this respect, including through the amendment of Law No. 26 of 1991.

Article 2. With respect to agricultural and pastoral workers who are excluded from the scope of the Labour Code, the Committee notes the Government’s statement that it is undertaking consultations with the Ministry of Agriculture and the social partners with respect to all matters of concern to them. Recalling the Government’s earlier statement that more than 70 per cent of the Yemeni population are employed in agricultural work, the Committee asks the Government to provide specific information on the steps taken and the progress made in the adoption of a law specifically for agricultural workers. The Committee once again expresses its hope that these legislative developments will promote the application of the Convention in the agricultural sector, and requests the Government to provide information on the content of the legislation in this respect.

Article 3. The Committee notes that the Government refers to the difficult situation of the country for the past three years and indicates that it is finalizing the procedures for the promulgation of the new Labour Code. The Committee, while noting that the Government refers in its report to the employment of women would like to recall that Article 3 of the Convention requires that national policy shall aim 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, and so should apply to both men and women on an equal footing. The Committee requests the Government to provide information on any measures taken or envisaged to formulate and implement a national policy on workers with family responsibilities, including through the new Labour Code. The Committee once again asks the Government how the National Strategy for Women’s Employment (2001–11) contributed to the application of the Convention, and requests information on any updated National Strategy.

Articles 4 and 5. The Committee requests the Government to provide information on any measures taken or envisaged to create conditions conducive to equality of opportunity and treatment for both men and women workers with respect to work and family responsibilities. Please also provide information on any measures taken or envisaged to develop or promote community services, public or private, such as childcare and family services and facilities.

Article 6. Referring to its previous comments, the Committee requests the Government to take measures to raise public awareness on the issue of workers with family responsibilities in order to promote the application of the Convention and to report on any progress in this regard.

Article 8. The Committee asks the Government to provide information on the progress with respect to including in the new Labour Code a provision specifying that a worker’s service may not be terminated on the ground of his or her family responsibilities and to forward the text of the relevant legislative provisions upon adoption.

Article 11. While noting the Government’s reference to the political instability in the past three years in the country, the Committee looks forward to receiving information on the renewed work of the Labour Council, particularly with respect to its efforts to design and apply measures to give effect to the Convention. Furthermore, the Committee once again asks the Government for information on any activities planned or in place to raise awareness among employers’ and workers’ organizations about the issues relating to balancing work and family responsibilities.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 of the Convention. In its previous comment, the Committee asked the Government to confirm the age used to define the term “dependent child” in addition to indicating how it defines the term “other members of the immediate family who clearly need care or support” for the purposes of the Convention. With respect to dependent children, the Government states that section 2 of the Child Rights Act, No. 45 of 2002, defines a child as any person who is not older than 18 years of age. With regard to other members of the immediate family who clearly need care or support, the Committee notes the Government’s statement that the insurance legislation in force provides for the support or welfare of workers with family responsibilities indirectly. It notes in this regard that section 48 of the Insurance and Pensions Act (No. 25 of 1991) and section 64 of the Social Insurance Act (No. 29 of 1991), provide that the legitimate dependants of a deceased pensioner or insured person, including widows and widowers, parents who are dependants, sisters and brothers, shall be entitled to the pension or insurance benefit of the deceased individual. The Committee asks the Government to indicate what other measures have been taken or are under consideration to help people to balance work with their responsibilities for immediate family members in need of care or support (such as those individuals listed in the abovementioned insurance legislation).

Article 2. The Committee notes the Government’s statement that the Convention does not apply to agricultural workers and that such workers are exempt from the application of the Labour Code No. 5 of 1995 as well as the Civil Service Act. The Committee reminds the Government that according to Article 2, the Convention “applies to all branches of economic activity and all categories of workers”, including workers in the agricultural sector. The Committee understands, however, that the Government expects to adopt a law dealing specifically with the rights of agricultural workers and that this law will include measures relating to family responsibilities. Considering the Government’s earlier statement that more than 70 per cent of the Yemeni population are employed in agricultural work, the Committee asks the Government to keep it informed on the status of the current amendments to the Labour Code as well as on the adoption of a law specifically for agricultural workers. The Committee expresses its hope that these legislative developments will promote the application of the Convention in the agricultural sector and requests the Government to provide information in this respect.

Article 3. The Committee notes the Government’s statement that it has no information or any measures to report relating to non-discrimination on the basis of family responsibilities. The Committee reminds the Government that under Article 3 of the Convention, Governments shall make it an aim of national policy to enable workers 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 professional and family duties. The Committee hopes that the Government will be in a position to supply information in its next report on specific measures taken or envisaged to formulate and implement a national policy on workers with family responsibilities. In this context, the Committee asks how the Government’s current National Strategy for Women’s Employment (2001–11) contributes to the application of the Convention.

Articles 4 and 5. The Committee notes the information provided by the Government that it has set up a nursery under its National Programme for Productive Families for the children of female trainees. It also notes the addition of section 45bis to the Labour Code obliging public and private companies employing more than 50 women employees to set up a nursery for children of women workers on conditions determined by ministerial order. While welcoming these measures, the Committee recalls that the Convention applies to both men and women workers and that the aim of national policies under the Convention should be to promote full coverage of each and every worker in all programmes concerning workers with family responsibilities, including programmes for childcare. It therefore asks the Government to continue to provide information on measures taken or envisaged to create conditions conducive to equality of opportunity and treatment for both men and women workers with respect to work and family responsibilities.

Article 6. The Committee notes the training programme undertaken by the ILO for public and private sector workers addressing workers’ rights in general and women workers’ rights in particular, including the issue of termination of employment on the basis of a worker’s family responsibilities. Noting the Government’s indication that there have been no awareness-raising activities in the last few years, the Committee emphasizes the importance of taking steps to promote information and education to bring about broader public understanding of the principle of equal opportunity and treatment for men and women workers and of the problems faced by workers with family responsibilities. It urges the Government therefore to take measures to raise public awareness on the issue of workers with family responsibilities in order to promote the application of the Convention and to report on any progress in this regard.

Article 8. The Committee notes from the Government’s report that draft amendments to the Labour Code are under consideration including a provision specifying that a worker’s service may not be terminated on the ground of his or her family responsibilities. The Committee welcomes this development and asks the Government to keep it informed on the progress of the draft amendments and to forward the text of the relevant legislative provisions upon adoption. Please also provide information on the corresponding measures taken by the Government to enforce the provisions, in both the private and public sectors.

Article 11. The Government reports that the Labour Council has not held any meetings in recent years but that there are proposals regarding its recomposition including the addition of civil society organizations to the Council’s membership. The Committee looks forward to receiving information on the renewed work of this Council, particularly with respect to its efforts to design and apply measures to give effect to the Convention. Furthermore, the Committee asks the Government for information on any activities planned or in place to raise awareness among employers’ and workers’ organizations about the issues relating to balancing work and family responsibilities.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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:

Repetition

Article 1 of the Convention. In its previous comment, the Committee asked the Government to confirm the age used to define the term “dependent child” in addition to indicating how it defines the term “other members of the immediate family who clearly need care or support” for the purposes of the Convention. With respect to dependent children, the Government states that section 2 of the Child Rights Act, No. 45 of 2002, defines a child as any person who is not older than 18 years of age. With regard to other members of the immediate family who clearly need care or support, the Committee notes the Government’s statement that the insurance legislation in force provides for the support or welfare of workers with family responsibilities indirectly. It notes in this regard that section 48 of the Insurance and Pensions Act (No. 25 of 1991) and section 64 of the Social Insurance Act (No. 29 of 1991), provide that the legitimate dependants of a deceased pensioner or insured person, including widows and widowers, parents who are dependants, sisters and brothers, shall be entitled to the pension or insurance benefit of the deceased individual. The Committee asks the Government to indicate what other measures have been taken or are under consideration to help people to balance work with their responsibilities for immediate family members in need of care or support (such as those individuals listed in the abovementioned insurance legislation).

Article 2. The Committee notes the Government’s statement that the Convention does not apply to agricultural workers and that such workers are exempt from the application of the Labour Code No. 5 of 1995 as well as the Civil Service Act. The Committee reminds the Government that according to Article 2, the Convention “applies to all branches of economic activity and all categories of workers”, including workers in the agricultural sector. The Committee understands, however, that the Government expects to adopt a law dealing specifically with the rights of agricultural workers and that this law will include measures relating to family responsibilities. Considering the Government’s earlier statement that more than 70 per cent of the Yemeni population are employed in agricultural work, the Committee asks the Government to keep it informed on the status of the current amendments to the Labour Code as well as on the adoption of a law specifically for agricultural workers. The Committee expresses its hope that these legislative developments will promote the application of the Convention in the agricultural sector and requests the Government to provide information in this respect.

Article 3. The Committee notes the Government’s statement that it has no information or any measures to report relating to non-discrimination on the basis of family responsibilities. The Committee reminds the Government that under Article 3 of the Convention, Governments shall make it an aim of national policy to enable workers 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 professional and family duties. The Committee hopes that the Government will be in a position to supply information in its next report on specific measures taken or envisaged to formulate and implement a national policy on workers with family responsibilities. In this context, the Committee asks how the Government’s current National Strategy for Women’s Employment (2001–11) contributes to the application of the Convention.

Articles 4 and 5. The Committee notes the information provided by the Government that it has set up a nursery under its National Programme for Productive Families for the children of female trainees. It also notes the addition of section 45bis to the Labour Code obliging public and private companies employing more than 50 women employees to set up a nursery for children of women workers on conditions determined by ministerial order. While welcoming these measures, the Committee recalls that the Convention applies to both men and women workers and that the aim of national policies under the Convention should be to promote full coverage of each and every worker in all programmes concerning workers with family responsibilities, including programmes for childcare. It therefore asks the Government to continue to provide information on measures taken or envisaged to create conditions conducive to equality of opportunity and treatment for both men and women workers with respect to work and family responsibilities.

Article 6. The Committee notes the training programme undertaken by the ILO for public and private sector workers addressing workers’ rights in general and women workers’ rights in particular, including the issue of termination of employment on the basis of a worker’s family responsibilities. Noting the Government’s indication that there have been no awareness-raising activities in the last few years, the Committee emphasizes the importance of taking steps to promote information and education to bring about broader public understanding of the principle of equal opportunity and treatment for men and women workers and of the problems faced by workers with family responsibilities. It urges the Government therefore to take measures to raise public awareness on the issue of workers with family responsibilities in order to promote the application of the Convention and to report on any progress in this regard.

Article 8. The Committee notes from the Government’s report that draft amendments to the Labour Code are under consideration including a provision specifying that a worker’s service may not be terminated on the ground of his or her family responsibilities. The Committee welcomes this development and asks the Government to keep it informed on the progress of the draft amendments and to forward the text of the relevant legislative provisions upon adoption. Please also provide information on the corresponding measures taken by the Government to enforce the provisions, in both the private and public sectors.

Article 11. The Government reports that the Labour Council has not held any meetings in recent years but that there are proposals regarding its recomposition including the addition of civil society organizations to the Council’s membership. The Committee looks forward to receiving information on the renewed work of this Council, particularly with respect to its efforts to design and apply measures to give effect to the Convention. Furthermore, the Committee asks the Government for information on any activities planned or in place to raise awareness among employers’ and workers’ organizations about the issues relating to balancing work and family responsibilities.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. In its previous comment, the Committee asked the Government to confirm the age used to define the term “dependent child” in addition to indicating how it defines the term “other members of the immediate family who clearly need care or support” for the purposes of the Convention. With respect to dependent children, the Government states that section 2 of the Child Rights Act, No. 45 of 2002, defines a child as any person who is not older than 18 years of age. With regard to other members of the immediate family who clearly need care or support, the Committee notes the Government’s statement that the insurance legislation in force provides for the support or welfare of workers with family responsibilities indirectly. It notes in this regard that section 48 of the Insurance and Pensions Act (No. 25 of 1991) and section 64 of the Social Insurance Act (No. 29 of 1991), provide that the legitimate dependants of a deceased pensioner or insured person, including widows and widowers, parents who are dependants, sisters and brothers, shall be entitled to the pension or insurance benefit of the deceased individual. The Committee asks the Government to indicate what other measures have been taken or are under consideration to help people to balance work with their responsibilities for immediate family members in need of care or support (such as those individuals listed in the abovementioned insurance legislation).

2. Article 2. The Committee notes the Government’s statement that the Convention does not apply to agricultural workers and that such workers are exempt from the application of the Labour Code No. 5 of 1995 as well as the Civil Service Act. The Committee reminds the Government that according to Article 2, the Convention “applies to all branches of economic activity and all categories of workers”, including workers in the agricultural sector. The Committee understands, however, that the Government expects to adopt a law dealing specifically with the rights of agricultural workers and that this law will include measures relating to family responsibilities. Considering the Government’s earlier statement that more than 70 per cent of the Yemeni population are employed in agricultural work, the Committee asks the Government to keep it informed on the status of the current amendments to the Labour Code as well as on the adoption of a law specifically for agricultural workers. The Committee expresses its hope that these legislative developments will promote the application of the Convention in the agricultural sector and requests the Government to provide information in this respect.

3. Article 3. The Committee notes the Government’s statement that it has no information or any measures to report relating to non-discrimination on the basis of family responsibilities. The Committee reminds the Government that under Article 3 of the Convention, Governments shall make it an aim of national policy to enable workers 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 professional and family duties. The Committee hopes that the Government will be in a position to supply information in its next report on specific measures taken or envisaged to formulate and implement a national policy on workers with family responsibilities. In this context, the Committee asks how the Government’s current National Strategy for Women’s Employment (2001–11) contributes to the application of the Convention.

4. Articles 4 and 5. The Committee notes the information provided by the Government that it has set up a nursery under its National Programme for Productive Families for the children of female trainees. It also notes the addition of section 45bis to the Labour Code obliging public and private companies employing more than 50 women employees to set up a nursery for children of women workers on conditions determined by ministerial order. While welcoming these measures, the Committee recalls that the Convention applies to both men and women workers and that the aim of national policies under the Convention should be to promote full coverage of each and every worker in all programmes concerning workers with family responsibilities, including programmes for childcare. It therefore asks the Government to continue to provide information on measures taken or envisaged to create conditions conducive to equality of opportunity and treatment for both men and women workers with respect to work and family responsibilities.

5. Article 6. The Committee notes the training programme undertaken by the ILO for public and private sector workers addressing workers’ rights in general and women workers’ rights in particular, including the issue of termination of employment on the basis of a worker’s family responsibilities. Noting the Government’s indication that there have been no awareness-raising activities in the last few years, the Committee emphasizes the importance of taking steps to promote information and education to bring about broader public understanding of the principle of equal opportunity and treatment for men and women workers and of the problems faced by workers with family responsibilities. It urges the Government therefore to take measures to raise public awareness on the issue of workers with family responsibilities in order to promote the application of the Convention and to report on any progress in this regard.

6. Article 8. The Committee notes from the Government’s report that draft amendments to the Labour Code are under consideration including a provision specifying that a worker’s service may not be terminated on the ground of his or her family responsibilities. The Committee welcomes this development and asks the Government to keep it informed on the progress of the draft amendments and to forward the text of the relevant legislative provisions upon adoption. Please also provide information on the corresponding measures taken by the Government to enforce the provisions, in both the private and public sectors.

7. Article 11. The Government reports that the Labour Council has not held any meetings in recent years but that there are proposals regarding its recomposition including the addition of civil society organizations to the Council’s membership. The Committee looks forward to receiving information on the renewed work of this Council, particularly with respect to its efforts to design and apply measures to give effect to the Convention. Furthermore, the Committee asks the Government for information on any activities planned or in place to raise awareness among employers’ and workers’ organizations about the issues relating to balancing work and family responsibilities.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report, including the legislative texts provided.

1. Article 1 of the Convention. In its earlier comments, the Committee had requested the Government to specify the provisions in Yemeni legislation that define the terms "dependent child" and "other members of the family who clearly need care or support". The Committee notes the Government's reference to domestic legislation, including section 159 of the Civil Status Code (No. 20 of 1992), which requires parents to make support payments to an adult child who is not capable of earning a living or who is pursuing additional studies, provided that, in the latter case, the child is not over the age of 21. In light of the Government's reference to this legislation, the Government is asked to confirm that it wishes to set the age of a "dependent child" at under 21 for purposes of giving effect to the Convention. In addition, the Committee once again asks the Government to specify the provisions in Yemeni legislation which define the term "other members of the immediate family who clearly need care or support" in respect of workers with family responsibilities.

2. Article 2. The Committee reiterates its request that the Government indicate whether the measures giving effect to the Convention in Yemen apply to all branches of economic activity and to all categories of workers, or whether certain sectors of economic activity or certain types of workers are excluded from coverage.

3. Article 3. The Committee notes the Government's reference to the non-discrimination provision set forth in section 5 of the Yemeni Labour Code, Act No. 5 of 1995, which prohibits discrimination in employment on the basis, inter alia, of gender. The Committee reminds the Government that member States that ratify the Convention undertake to 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 discrimination and, to the extent possible, without conflict between their employment and family responsibilities. Accordingly, the Committee again requests the Government to supply information on any specific measures taken or envisaged to formulate and implement such a national policy (see Workers with Family Responsibilities Recommendation, 1981 (No. 165), Paragraphs 6-11; see also General Survey paragraphs 54-95).

4. Articles 4 and 5. The Committee notes with interest the information contained in the report concerning the National Programme for Productive Families, particularly measures taken by the Government to provide vocational training and rehabilitation to women to enable them to find employment and increase their family income. The Committee requests the Government to provide information on specific measures taken to assist these women in balancing their work and family responsibilities, such as providing childcare facilities during the vocational training process, or vocational guidance, counselling, information and placement services staffed by personnel able to respond to the special needs of workers with family responsibilities (see Workers with Family Responsibilities Recommendation, 1981 (No. 165), Paragraphs 12-16). Further, the Committee reminds the Government that the Convention applies to both men and women workers with family responsibilities and requests the Government to continue to provide information on measures taken or envisaged to create conditions conducive to equality of opportunity and treatment for these workers.

5. Article 6. The Committee notes the Government's undertaking to support the educational and awareness-raising activities previously carried out by the workers' organizations, by supplying them with the necessary resources to enable them to pursue these activities. The Committee would be grateful if the Government would continue to provide information on all measures taken to promote the objectives set forth in Article 6 of the Convention, including information regarding the activities of the workers' education department of the Ministry of Social Security, Social Affairs and Labour referenced by the Government in its previous report.

6. Article 7. The Committee notes the information supplied in the report concerning short-term vocational training sessions organized by the Government's Department of Vocational Training. The Government indicates that these courses are, inter alia, designed to help workers re-enter the labour force after an absence due to various reasons. The Government is requested to indicate any specific measures taken or envisaged to provide vocational guidance and training for workers with family responsibilities within the meaning of Article 7.

7. Article 8. The Committee notes the Government's reference to section 803 of the Civil Code (No. 19 of 1992) and that it does not provide for protection related to the application of this Convention. However, the Committee requests the Government to indicate any specific measures taken to ensure that workers are not terminated from their employment due to their family responsibilities and asks the Government to indicate whether it contemplates modifying the Yemeni Labour Code to expressly prohibit the dismissal of workers on the grounds of family responsibility.

8. Article 11. The Committee notes with interest the establishment of a tripartite Labour Council per Ministerial Council Order No. 176 of 1997. It would be grateful if the Government would continue to provide information on the activities of the tripartite council in formulating and applying measures designed to give effect to the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. The Committee notes the promulgation of the Constitution of Yemen, adopted on 28 September 1994, and the new Labour Code, Act No. 5 of 1995. It hopes that a report will be supplied for examination by the Committee at its next session and that it will provide full information, including references to the above-cited legislation, on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee requests the Government to indicate precisely those legal provisions which define the terms "dependent child" and "other members of the immediate family who clearly need care or support", in relation to men and women workers with family responsibilities. In this regard, the Committee recalls that Article 10 of the Convention permits a ratifying State to implement the provisions of the instrument in stages, provided that whatever measures are taken, are applied to both men and women workers with responsibilities in relation to their dependent children. Article 10 would thus permit a government to apply the Convention gradually to men and women workers with responsibilities in relation to other members of their immediate family who clearly need care or support (such as older persons or disabled family members).

2. Article 2. The Committee requests the Government to indicate the measures taken to apply the Convention to all branches of economic activity and to all categories of workers.

3. Article 3. Noting that the report contains no information on any measures which may have been taken to apply this Article of the Convention, which is the central requirement of the instrument, the Committee requests the Government to provide information on the measures taken or contemplated to make it an aim of national policy to enable persons with family responsibilities to exercise their right to employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this regard, the Committee refers to paragraphs 54 to 95 inclusive of its 1993 General Survey on workers with family responsibilities, which provide further information on the formulation and implementation of such a national policy.

4. Article 4. The Committee notes the constitutional provisions relating to the entitlement of all citizens to work and to the prohibition of discrimination on the basis of sex (articles 21 and 27 of the Constitution respectively), section 12(c) of the Civil Service Act, 1991, relating to non-discrimination in regard to access to the public service, and the measures set out in this Act and in the 1970 Labour Code concerning maternity leave. The Committee wishes to point out, however, that Article 4 calls for special measures which take account of the needs of men and women workers with family responsibilities in relation to gaining employment and as concerns their terms and conditions of employment and social security. Accordingly, the Committee requests the Government to indicate any measures, in legislation and in practice, which are designed to create effective equality of opportunity and treatment for workers with family responsibilities by considering their special employment and social security needs. Reference is made, in this regard, to Chapters III and IV of the 1993 General Survey.

5. Article 5. The Committee notes the Government's statement that many social services are provided for child and family care, including social assistance, medical care, education and other services. It also notes the specific information on the Government's efforts to provide basic health-care facilities, kindergartens and nurseries, outlined in the Government's report on the application of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (UN document CEDAW/C/YEM/3 of 19 November 1992). The Committee would be grateful if the Government would provide further information on the measures taken to respond to the needs of workers with family responsibilities in community planning and services. The Committee refers the Government, in this regard, to the information and explanations contained in Chapter V of its 1993 General Survey.

6. Article 6. The Committee notes that a workers' education department in the Ministry of Social Security, Social Affairs and Labour disseminates information and raises the awareness of workers about their rights under international instruments. The Committee requests the Government to provide information on the specific measures undertaken by this department, and by any other relevant agency, to promote information and education so as to engender a broader public understanding of the principle of the Convention and of the problems of workers with family responsibilities in order to create a climate conducive to overcoming these problems.

7. Article 7. The Committee notes the reference made by the Government to Chapter III of the Labour Code, which deals with vocational training and the employment of women and young persons. The Committee observes that this provision of the Convention is concerned with specific measures taken to assist the employment of workers with family responsibilities. Bearing this in mind, the Committee requests the Government to indicate whether measures have been taken, or are contemplated, particularly to assist workers with family responsibilities to enter or re-enter employment, such as through courses tailored specifically for workers who may not have been able to pursue vocational training because of their family obligations, or to update the training of those who wish to re-enter the labour market after having withdrawn for family reasons.

8. Article 8. The Committee notes that the ground of family responsibilities is not included among the reasons for which termination of employment is deemed lawful in the Labour Code (section 50). The Committee requests the Government to provide information on the practical application of this provision of the Convention, including any measures taken to ensure that workers are not dismissed by reason of their potential or actual family responsibilities. The Committee also requests the Government to consider inserting into the new Labour Code, a provision that proscribes termination on the specific ground of family responsibility.

9. Article 10. Referring to paragraph 1 above, the Committee requests the Government to indicate whether it intends to make use of the faculty given by paragraph 1 of this Article (see paragraph 252 of the 1993 General Survey).

10. Article 11. The Committee requests the Government to provide information on the manner in which employers' and workers' organizations participate in devising and applying measures to give effect to the provisions of the Convention.

11. The Committee recalls that the technical assistance of the Office is at the disposal of the Government if it so wishes to provide advice on the implementation of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 of the Convention. The Committee requests the Government to indicate precisely those legal provisions which define the terms "dependent child" and "other members of the immediate family who clearly need care or support", in relation to men and women workers with family responsibilities. In this regard, the Committee recalls that Article 10 of the Convention permits a ratifying State to implement the provisions of the instrument in stages, provided that whatever measures are taken, are applied to both men and women workers with responsibilities in relation to their dependent children. Article 10 would thus permit a government to apply the Convention gradually to men and women workers with responsibilities in relation to other members of their immediate family who clearly need care or support (such as older persons or disabled family members).

2. Article 2. The Committee requests the Government to indicate the measures taken to apply the Convention to all branches of economic activity and to all categories of workers.

3. Article 3. Noting that the report contains no information on any measures which may have been taken to apply this Article of the Convention, which is the central requirement of the instrument, the Committee requests the Government to provide information on the measures taken or contemplated to make it an aim of national policy to enable persons with family responsibilities to exercise their right to employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this regard, the Committee refers to paragraphs 54 to 95 inclusive of its 1993 General Survey on workers with family responsibilities, which provide further information on the formulation and implementation of such a national policy.

4. Article 4. The Committee notes the constitutional provisions relating to the entitlement of all citizens to work and to the prohibition of discrimination on the basis of sex (articles 21 and 27 of the Constitution respectively), section 12(c) of the Civil Service Act, 1991, relating to non-discrimination in regard to access to the public service, and the measures set out in this Act and in the 1970 Labour Code concerning maternity leave. The Committee wishes to point out, however, that Article 4 calls for special measures which take account of the needs of men and women workers with family responsibilities in relation to gaining employment and as concerns their terms and conditions of employment and social security. Accordingly, the Committee requests the Government to indicate any measures, in legislation and in practice, which are designed to create effective equality of opportunity and treatment for workers with family responsibilities by considering their special employment and social security needs. Reference is made, in this regard, to Chapters III and IV of the 1993 General Survey.

5. Article 5. The Committee notes the Government's statement that many social services are provided for child and family care, including social assistance, medical care, education and other services. It also notes the specific information on the Government's efforts to provide basic health-care facilities, kindergartens and nurseries, outlined in the Government's report on the application of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (UN document CEDAW/C/YEM/3 of 19 November 1992). The Committee would be grateful if the Government would provide further information on the measures taken to respond to the needs of workers with family responsibilities in community planning and services. The Committee refers the Government, in this regard, to the information and explanations contained in Chapter V of its 1993 General Survey.

6. Article 6. The Committee notes that a workers' education department in the Ministry of Social Security, Social Affairs and Labour disseminates information and raises the awareness of workers about their rights under international instruments. The Committee requests the Government to provide information on the specific measures undertaken by this department, and by any other relevant agency, to promote information and education so as to engender a broader public understanding of the principle of the Convention and of the problems of workers with family responsibilities in order to create a climate conducive to overcoming these problems.

7. Article 7. The Committee notes the reference made by the Government to Chapter III of the Labour Code, which deals with vocational training and the employment of women and young persons. The Committee observes that this provision of the Convention is concerned with specific measures taken to assist the employment of workers with family responsibilities. Bearing this in mind, the Committee requests the Government to indicate whether measures have been taken, or are contemplated, particularly to assist workers with family responsibilities to enter or re-enter employment, such as through courses tailored specifically for workers who may not have been able to pursue vocational training because of their family obligations, or to update the training of those who wish to re-enter the labour market after having withdrawn for family reasons.

8. Article 8. The Committee notes that the ground of family responsibilities is not included among the reasons for which termination of employment is deemed lawful in the Labour Code (section 50). The Committee requests the Government to provide information on the practical application of this provision of the Convention, including any measures taken to ensure that workers are not dismissed by reason of their potential or actual family responsibilities. The Committee also requests the Government to consider inserting into the new Labour Code, a provision that proscribes termination on the specific ground of family responsibility.

9. Article 10. Referring to paragraph 1 above, the Committee requests the Government to indicate whether it intends to make use of the faculty given by paragraph 1 of this Article (see paragraph 252 of the 1993 General Survey).

10. Article 11. The Committee requests the Government to provide information on the manner in which employers' and workers' organizations participate in devising and applying measures to give effect to the provisions of the Convention.

11. The Committee recalls that the technical assistance of the Office is at the disposal of the Government if it so wishes to provide advice on the implementation of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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 of the Convention. The Committee requests the Government to indicate precisely those legal provisions which define the terms "dependent child" and "other members of the immediate family who clearly need care or support", in relation to men and women workers with family responsibilities. In this regard, the Committee recalls that Article 10 of the Convention permits a ratifying State to implement the provisions of the instrument in stages, provided that whatever measures are taken, are applied to both men and women workers with responsibilities in relation to their dependent children. Article 10 would thus permit a government to apply the Convention gradually to men and women workers with responsibilities in relation to other members of their immediate family who clearly need care or support (such as older persons or disabled family members).

2. Article 2. The Committee requests the Government to indicate the measures taken to apply the Convention to all branches of economic activity and to all categories of workers.

3. Article 3. Noting that the report contains no information on any measures which may have been taken to apply this Article of the Convention, which is the central requirement of the instrument, the Committee requests the Government to provide information on the measures taken or contemplated to make it an aim of national policy to enable persons with family responsibilities to exercise their right to employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this regard, the Committee refers to paragraphs 54 to 95 inclusive of its 1993 General Survey on Workers with Family Responsibilities, which provide further information on the formulation and implementation of such a national policy.

4. Article 4. The Committee notes the constitutional provisions relating to the entitlement of all citizens to work and to the prohibition of discrimination on the basis of sex (articles 21 and 27 of the Constitution respectively), section 12(c) of the Civil Service Act, 1991, relating to non-discrimination in regard to access to the public service, and the measures set out in this Act and in the 1970 Labour Code concerning maternity leave. The Committee wishes to point out, however, that Article 4 calls for special measures which take account of the needs of men and women workers with family responsibilities in relation to gaining employment and as concerns their terms and conditions of employment and social security. Accordingly, the Committee requests the Government to indicate any measures, in legislation and in practice, which are designed to create effective equality of opportunity and treatment for workers with family responsibilities by considering their special employment and social security needs. Reference is made, in this regard, to Chapters III and IV of the 1993 General Survey.

5. Article 5. The Committee notes the Government's statement that many social services are provided for child and family care, including social assistance, medical care, education and other services. It also notes the specific information on the Government's efforts to provide basic health-care facilities, kindergartens and nurseries, outlined in the Government's report on the application of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (UN document CEDAW/C/YEM/3 of 19 November 1992). The Committee would be grateful if the Government would provide further information on the measures taken to respond to the needs of workers with family responsibilities in community planning and services. The Committee refers the Government, in this regard, to the information and explanations contained in Chapter V of its 1993 General Survey.

6. Article 6. The Committee notes that a workers' education department in the Ministry of Social Security, Social Affairs and Labour disseminates information and raises the awareness of workers about their rights under international instruments. The Committee requests the Government to provide information on the specific measures undertaken by this department, and by any other relevant agency, to promote information and education so as to engender a broader public understanding of the principle of the Convention and of the problems of workers with family responsibilities in order to create a climate conducive to overcoming these problems.

7. Article 7. The Committee notes the reference made by the Government to Chapter III of the Labour Code, which deals with vocational training and the employment of women and young persons. The Committee observes that this provision of the Convention is concerned with specific measures taken to assist the employment of workers with family responsibilities. Bearing this in mind, the Committee requests the Government to indicate whether measures have been taken, or are contemplated, particularly to assist workers with family responsibilities to enter or re-enter employment, such as through courses tailored specifically for workers who may not have been able to pursue vocational training because of their family obligations, or to update the training of those who wish to re-enter the labour market after having withdrawn for family reasons.

8. Article 8. The Committee notes that the ground of family responsibilities is not included among the reasons for which termination of employment is deemed lawful in the Labour Code (section 50). The Committee requests the Government to provide information on the practical application of this provision of the Convention, including any measures taken to ensure that workers are not dismissed by reason of their potential or actual family responsibilities. The Committee also requests the Government to consider inserting into the new Labour Code, a provision that proscribes termination on the specific ground of family responsibility.

9. Article 10. Referring to paragraph 1 above, the Committee requests the Government to indicate whether it intends to make use of the faculty given by paragraph 1 of this Article (see paragraph 252 of the 1993 General Survey).

10. Article 11. The Committee requests the Government to provide information on the manner in which employers' and workers' organizations participate in devising and applying measures to give effect to the provisions of the Convention.

11. The Committee recalls that the technical assistance of the Office is at the disposal of the Government if it so wishes to provide advice on the implementation of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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 of the Convention. The Committee requests the Government to indicate precisely those legal provisions which define the terms "dependent child" and "other members of the immediate family who clearly need care or support", in relation to men and women workers with family responsibilities. In this regard, the Committee recalls that Article 10 of the Convention permits a ratifying State to implement the provisions of the instrument in stages, provided that whatever measures are taken, are applied to both men and women workers with responsibilities in relation to their dependent children. Article 10 would thus permit a government to apply the Convention gradually to men and women workers with responsibilities in relation to other members of their immediate family who clearly need care or support (such as older persons or disabled family members).

2. Article 2. The Committee requests the Government to indicate the measures taken to apply the Convention to all branches of economic activity and to all categories of workers.

3. Article 3. Noting that the report contains no information on any measures which may have been taken to apply this Article of the Convention, which is the central requirement of the instrument, the Committee requests the Government to provide information on the measures taken or contemplated to make it an aim of national policy to enable persons with family responsibilities to exercise their right to employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this regard, the Committee refers to paragraphs 54 to 95 inclusive of its 1993 General Survey on Workers with Family Responsibilities, which provide further information on the formulation and implementation of such a national policy.

4. Article 4. The Committee notes the constitutional provisions relating to the entitlement of all citizens to work and to the prohibition of discrimination on the basis of sex (articles 21 and 27 of the Constitution respectively), section 12(c) of the Civil Service Act, 1991, relating to non-discrimination in regard to access to the public service, and the measures set out in this Act and in the 1970 Labour Code concerning maternity leave. The Committee wishes to point out, however, that Article 4 calls for special measures which take account of the needs of men and women workers with family responsibilities in relation to gaining employment and as concerns their terms and conditions of employment and social security. Accordingly, the Committee requests the Government to indicate any measures, in legislation and in practice, which are designed to create effective equality of opportunity and treatment for workers with family responsibilities by considering their special employment and social security needs. Reference is made, in this regard, to Chapters III and IV of the 1993 General Survey.

5. Article 5. The Committee notes the Government's statement that many social services are provided for child and family care, including social assistance, medical care, education and other services. It also notes the specific information on the Government's efforts to provide basic health-care facilities, kindergartens and nurseries, outlined in the Government's report on the application of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (UN document CEDAW/C/YEM/3 of 19 November 1992). The Committee would be grateful if the Government would provide further information on the measures taken to respond to the needs of workers with family responsibilities in community planning and services. The Committee refers the Government, in this regard, to the information and explanations contained in Chapter V of its 1993 General Survey.

6. Article 6. The Committee notes that a workers' education department in the Ministry of Social Security, Social Affairs and Labour disseminates information and raises the awareness of workers about their rights under international instruments. The Committee requests the Government to provide information on the specific measures undertaken by this department, and by any other relevant agency, to promote information and education so as to engender a broader public understanding of the principle of the Convention and of the problems of workers with family responsibilities in order to create a climate conducive to overcoming these problems.

7. Article 7. The Committee notes the reference made by the Government to Chapter III of the Labour Code, which deals with vocational training and the employment of women and young persons. The Committee observes that this provision of the Convention is concerned with specific measures taken to assist the employment of workers with family responsibilities. Bearing this in mind, the Committee requests the Government to indicate whether measures have been taken, or are contemplated, particularly to assist workers with family responsibilities to enter or re-enter employment, such as through courses tailored specifically for workers who may not have been able to pursue vocational training because of their family obligations, or to update the training of those who wish to re-enter the labour market after having withdrawn for family reasons.

8. Article 8. The Committee notes that the ground of family responsibilities is not included among the reasons for which termination of employment is deemed lawful in the Labour Code (section 50). The Committee requests the Government to provide information on the practical application of this provision of the Convention, including any measures taken to ensure that workers are not dismissed by reason of their potential or actual family responsibilities. The Committee also requests the Government to consider inserting into the new Labour Code, a provision that proscribes termination on the specific ground of family responsibility.

9. Article 10. Referring to paragraph 1 above, the Committee requests the Government to indicate whether it intends to make use of the faculty given by paragraph 1 of this Article (see paragraph 252 of the 1993 General Survey).

10. Article 11. The Committee requests the Government to provide information on the manner in which employers' and workers' organizations participate in devising and applying measures to give effect to the provisions of the Convention.

11. The Committee recalls that the technical assistance of the Office is at the disposal of the Government if it so wishes to provide advice on the implementation of the Convention.

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

The Committee notes the information provided by the Government in its first report on the Convention. The Committee requests the Government to provide full information in its next report on the following points:

1. Article 1 of the Convention. The Committee requests the Government to indicate precisely those legal provisions which define the terms "dependent child" and "other members of the immediate family who clearly need care or support", in relation to men and women workers with family responsibilities. In this regard, the Committee recalls that Article 10 of the Convention permits a ratifying State to implement the provisions of the instrument in stages, provided that whatever measures are taken, are applied to both men and women workers with responsibilities in relation to their dependent children. Article 10 would thus permit a government to apply the Convention gradually to men and women workers with responsibilities in relation to other members of their immediate family who clearly need care or support (such as older persons or disabled family members).

2. Article 2. The Committee requests the Government to indicate the measures taken to apply the Convention to all branches of economic activity and to all categories of workers.

3. Article 3. Noting that the report contains no information on any measures which may have been taken to apply this Article of the Convention, which is the central requirement of the instrument, the Committee requests the Government to provide information on the measures taken or contemplated to make it an aim of national policy to enable persons with family responsibilities to exercise their right to employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this regard, the Committee refers to paragraphs 54 to 95 inclusive of its 1993 General Survey on Workers with Family Responsibilities, which provide further information on the formulation and implementation of such a national policy.

4. Article 4. The Committee notes the constitutional provisions relating to the entitlement of all citizens to work and to the prohibition of discrimination on the basis of sex (articles 21 and 27 of the Constitution respectively), section 12(c) of the Civil Service Act, 1991, relating to non-discrimination in regard to access to the public service, and the measures set out in this Act and in the 1970 Labour Code concerning maternity leave. The Committee wishes to point out, however, that Article 4 calls for special measures which take account of the needs of men and women workers with family responsibilities in relation to gaining employment and as concerns their terms and conditions of employment and social security. Accordingly, the Committee requests the Government to indicate any measures, in legislation and in practice, which are designed to create effective equality of opportunity and treatment for workers with family responsibilities by considering their special employment and social security needs. Reference is made, in this regard, to Chapters III and IV of the 1993 General Survey.

5. Article 5. The Committee notes the Government's statement that many social services are provided for child and family care, including social assistance, medical care, education and other services. It also notes the specific information on the Government's efforts to provide basic health-care facilities, kindergartens and nurseries, outlined in the Government's report on the application of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (UN document CEDAW/C/YEM/3 of 19 November 1992). The Committee would be grateful if the Government would provide further information on the measures taken to respond to the needs of workers with family responsibilities in community planning and services. The Committee refers the Government, in this regard, to the information and explanations contained in Chapter V of its 1993 General Survey.

6. Article 6. The Committee notes that a workers' education department in the Ministry of Social Security, Social Affairs and Labour disseminates information and raises the awareness of workers about their rights under international instruments. The Committee requests the Government to provide information on the specific measures undertaken by this department, and by any other relevant agency, to promote information and education so as to engender a broader public understanding of the principle of the Convention and of the problems of workers with family responsibilities in order to create a climate conducive to overcoming these problems.

7. Article 7. The Committee notes the reference made by the Government to Chapter III of the Labour Code, which deals with vocational training and the employment of women and young persons. The Committee observes that this provision of the Convention is concerned with specific measures taken to assist the employment of workers with family responsibilities. Bearing this in mind, the Committee requests the Government to indicate whether measures have been taken, or are contemplated, particularly to assist workers with family responsibilities to enter or re-enter employment, such as through courses tailored specifically for workers who may not have been able to pursue vocational training because of their family obligations, or to update the training of those who wish to re-enter the labour market after having withdrawn for family reasons.

8. Article 8. The Committee notes that the ground of family responsibilities is not included among the reasons for which termination of employment is deemed lawful in the Labour Code (section 50). The Committee requests the Government to provide information on the practical application of this provision of the Convention, including any measures taken to ensure that workers are not dismissed by reason of their potential or actual family responsibilities. The Committee also requests the Government to consider inserting into the new Labour Code, a provision that proscribes termination on the specific ground of family responsibility.

9. Article 10. Referring to paragraph 1 above, the Committee requests the Government to indicate whether it intends to make use of the faculty given by paragraph 1 of this Article (see paragraph 252 of the 1993 General Survey).

10. Article 11. The Committee requests the Government to provide information on the manner in which employers' and workers' organizations participate in devising and applying measures to give effect to the provisions of the Convention.

11. The Committee recalls that the technical assistance of the Office is at the disposal of the Government if it so wishes to provide advice on the implementation of the Convention.