Workers with Family Responsibilities Convention, 1981 (No. 156) - Chile (Ratification: 1994)

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

Article 5 of the Convention. Child assistance and family assistance services. In its previous comments the Committee requested the Government to make efforts to extend the benefit of childcare facilities to working fathers and to send statistical data on the crèches and kindergartens established and on the supervisory measures taken to ensure that the requirement to provide childcare facilities is observed. The Committee notes the information supplied by the Government to the effect that a working party has been set up with a view to extending the entitlement to crèche facilities to all children under 3 years of age whose parents work. The Government deems this to be an improvement on the current requirement, which is to provide crèche facilities to women workers in enterprises with staff of over 20, as it is a disincentive to the hiring of women. The Government adds that the Labour Directorate oversees compliance with the obligation to provide crèche facilities and sends statistical information on reports of non-compliance and the sanctions imposed. The Committee requests the Government to send information on developments in the working party which is examining the possibility of extending the entitlement to crèche facilities to all children under 2 years of age whose parents work and on the application of the measures establishing access to crèche facilities for the children of male and female secondary school students. The Committee requests the Government to continue to send statistical information disaggregated by sex on the number of workers and students benefiting from crèche facilities and the reports filed on non-compliance with the obligation to provide nursery facilities for workers’ children. The Committee requests the Government to report on any other measures taken to accommodate the needs of workers with family responsibilities.

Article 6. Awareness-raising measures. The Committee notes the information from the Government to the effect that the National Service for Women and Gender Equality (SERNAMEG) is taking measures to increase opportunities for women to join and remain in the labour market. With this in view, measures are being taken towards a cultural shift in the social relations between men and women. To this end, the Observatory for Good Labour Practices for Gender Equality has been established and collects information on measures taken to reduce gender gaps and encourage joint parental responsibility. The Government further indicates that SERNAMEG awards a gender equality seal, the “Sello Iguala-Conciliación”, to organizations that have adopted good labour practices for gender equality in terms of joint parental responsibility, disseminating and promoting the exercise of shared parental responsibilities, etc. The Government provides information on the enterprises that have already received this certification. Observing that, according to the statistical information provided, the number of fathers who make use of parental leave and leave in the event of sickness of dependent children or who apply for the corresponding allowances is considerably lower than that of mothers, the Committee requests the Government to continue to take proactive measures to educate and provide information to improve understanding among workers and employers and their organizations as well as the public at large of the problems faced by workers with family responsibilities and to encourage parents to make use of these entitlements. The Committee requests the Government to continue to provide information on all developments in this regard.

Article 7. Vocational guidance and training. The Committee requests the Government to indicate the specific vocational guidance and training measures taken to ensure that workers with family responsibilities are able to become and remain integrated in the labour force.

Article 8. Protection against dismissal. The Committee notes the information from the Government to the effect that the Labour Directorate has responsibility for checking that men and women workers are not dismissed on grounds of pregnancy or for taking parental leave and adds that reports of such instances have decreased because employers have gained greater awareness about respect for family responsibilities. The Committee also notes the statistical information on the number of complaints and the sanctions imposed by the Labour Directorate for non-compliance with the prohibition of dismissal of pregnant women, adoptive fathers or fathers that have taken parental leave. The Committee requests the Government to continue to provide statistical information on complaints submitted regarding dismissals on grounds of pregnancy, maternity and use of maternity and postnatal leave, the redress granted and the sanctions imposed.

Article 9. Collective agreements. The Committee welcomes the statistical information provided by the Government on collective agreements that contain clauses on the establishment of facilities for infant care, breast feeding and care for young children, reporting 397 collective agreements in 2012, 454 in 2013, 549 in 2014, 536 in 2015 and 240 between January and July 2016, and expresses the hope that this trend, which constitutes evidence of constructive labour relations, will continue in the future.

Article 11. The Committee notes that the Government indicates that the “Programme of Good Labour Practices and Decent Work for Gender Equality” provides for interaction with workers’ organizations to encourage them to place gender issues on their agendas. The Committee requests the Government to continue to send information on the activities carried out in conjunction with workers and employers organizations on matters related to the application of the Convention.

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

Articles 3, 4 and 8 of the Convention. National policy. Leave entitlement, protection against dismissal. The Committee notes that the Government refers to various legislative and practical measures taken for the protection of workers with family responsibilities. Among these, the Committee notes with interest the adoption of Act No. 20.545 of 17 October 2011 on postnatal parental leave, Act No. 20.535 of 3 October 2011 on leave from work in order to care for minors with disabilities, and the measures allowing access to crèche facilities for the children of secondary school students of both sexes with the aim of preventing school drop-out. By May 2016, 109 crèches had been set up in or close to school establishments. The Committee notes that Act No. 20.545 adds section 197bis to the Labour Code establishing postnatal parental leave of 12 weeks following maternity leave. Under this provision, women workers may opt, at the end of maternity leave, to return to work on a half-time basis, in which case the parental leave is extended to 18 weeks. Furthermore, from the seventh week of the postnatal leave, the woman worker may opt, if both parents are workers, to share the remaining leave with the father. Any employer opposing recourse to such leave will be sanctioned. This entitlement is open to adoptive parents and to legally appointed guardians of minors. The Act No. 20.545 also provides protection against dismissal (“immunity from dismissal”) for pregnant women for up to one year following the expiry of maternity leave, for fathers who have recourse to postnatal parental leave under section 197bis and for men and women workers who adopt children. The Committee further notes that Act No. 20.535 adds section 199bis to the Labour Code allowing for leave of absence from work for a number of hours equal to ten days a year in order to care for a minor with a disability. The Committee requests the Government to continue to provide information on the practical measures taken under the national policy to enable workers with family responsibilities to engage in employment without discrimination. The Committee requests the Government to provide information, including statistics disaggregated by sex, job sector and industry, on the practical effect given to sections 197bis and 199bis of the Labour Code, specifying the number of mothers and fathers who have had recourse to postnatal parental leave.

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

Article 3 of the Convention. National policy. The Committee notes the Government’s indication that crèches have been established in educational establishments for the children of students so as to avoid them dropping out of school and to facilitate their integration into the labour market in future. The Committee requests the Government to continue providing information on the measures adopted or envisaged in the context of the national equality policy with a view to enabling 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 indicate the impact of these measures on the application of the Convention.

Article 6. The Committee notes that information workshops on the reconciliation of parental responsibilities have been held in certain mining enterprises. The Committee recalls that in its previous comments it noted the findings of the “Survey on remuneration and labour costs: Analysis by sex”, according to which men make little use of leave to care for children as it does not correspond to the traditional male role. The Committee requests the Government to take measures to include provisions in national policies and programmes for carrying out activities, seminars or workshops to raise awareness and provide information with a view to engendering broader public understanding in general of the principle of equality of opportunity and treatment for men and women workers and on the problems of workers with family responsibilities.

Article 7. The Committee notes the information provided by the Government in relation to the training activities carried out by various mining enterprises. The Committee nevertheless observes that the attached statistics on this subject, although disaggregated by sex, do not indicate the proportion of workers with family responsibilities who benefit from such activities. The Committee requests the Government to provide information on this subject and on any specific measures adopted in the field of vocational guidance and training, such as the introduction of flexibility into the design, organization and location of training courses, so that men and women workers with family responsibilities are able to become and remain integrated in the labour force.

Article 9. Collective agreements. The Committee requests the Government to indicate whether progress has been achieved in the application of the Convention through collective bargaining on subjects such as the granting of the right to parental leave in cases of adoption, special leave for sick children or childcare, leave for the care for other family members and to promote greater flexibility in the duration of leave.

Article 11. The Committee notes the Government’s observations concerning its intention to give effect to this Article. The Committee requests the Government to provide information on any developments in this respect.

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

Article 4 of the Convention. The Committee notes with interest the adoption of: Act No. 20137 which increases to seven days the leave entitlement of a worker for the death of a child and to three days in the case of the death of either an unborn child or a father or mother, and grants protection against dismissal for up to one month for such workers; Act No. 20367 granting three days’ leave to a mother in the event of adoption (irrespective of maternity leave), thereby establishing equality with the three days’ leave granted to fathers; Act No. 20482 improving the manner in which use can be made of paternal leave for the birth of a child; and Act No. 20166 granting mothers the right to a break at work to feed their children. The Committee also notes with interest the practical measures adopted by various mining enterprises in relation to equality of opportunities for men and women with family responsibilities, which include: the holding of workshops on parental responsibility, the establishment of rooms for the expression and storing of breast milk, the promotion of the use of parental leave and measures for the protection of pregnant women. The Committee requests the Government to provide information on the application in practice of these provisions, including statistical data disaggregated by sex on the number of workers benefiting from these measures, and on other enterprises or sectors which have established similar measures.

Article 5. In its previous comments, the Committee requested the Government to provide information on the impact of the new legal provisions on the number of child-care facilities, to extend the right to use crèches to the children of working fathers and to provide information on the supervision of compliance with the requirement to provide child-care facilities. In this respect, the Committee notes that, according to the Government, there has been a great increase in the number of crèches and kindergartens and that employers can comply with the requirement to provide crèches either by establishing one in the enterprise or by paying the costs of the crèche to which the woman worker takes her children. The Committee also notes the adoption of Act No. 20399, granting entitlement to use crèches to men and women workers when they have been granted the personal care of a child under two years of age. Entitlement to use a crèche is also granted to male workers in the event of the death of the mother. The Committee requests the Government to continue making efforts to extend the benefit of child-care facilities to working fathers, as envisaged in the Convention, and to provide statistical data on the crèches and kindergartens established. The Committee asks the Government to provide information on the supervisory measures adopted with a view to ensuring that enterprises comply with the requirement to provide crèches for the children of workers. The Committee also requests the Government to report any other measures adopted, that are compatible with national conditions and possibilities, to take account of the needs of workers with family responsibilities.

Article 8. Noting that the Government has not provided specific information on the application in practice of Acts Nos 19670 and 20047 respecting the extension of the protection against dismissal enjoyed by mothers to biological fathers and to adoptive fathers and mothers, the Committee reiterates its request to provide such information.

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

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

1. Article 3. The Committee observes that, under Chile’s national policy aimed at promoting the principle of equal opportunities and treatment for workers with family responsibilities, the Government supplies information on various measures and initiatives concerning nursery schools, indicating that no discrimination exists in those measures. While noting these initiatives with interest, the Committee recalls that the Convention applies not only to workers with dependent children but also to workers with responsibilities in relation to other members of their families. The Committee also emphasizes that the Convention covers not only  persons with family responsibilities who are already engaged in employment but also persons who wish to engage in employment, referring to “possibilities of preparing for, entering, participating in or advancing in economic activity” (Article 1, paragraphs 1 and 2, of the Convention). The Committee therefore invites the Government to keep it informed about other programmes and measures which it has adopted or is planning to adopt in the context of its national policy on workers with family responsibilities.

2. Article 6. In its previous request, the Committee invited the Government to supply information on the actions undertaken by the Women’s National Service (SERNAM) in order to disseminate information on the factual situation and changing roles of men and women in the family and at work. The Committee notes that the Government’s report does not contain information in this respect other than indicating that SERNAM is the only competent organization for supplying information on this point. The Committee hopes that the Government will endeavour to collect the information requested from the competent institutions and that it will be in a position to supply them to the Committee in its next report. The Committee would also be grateful if the Government would provide information on any initiative adopted to raise society’s awareness of the principle of equality of opportunity and treatment for men and women workers and supply copies of documents and studies connected with these initiatives.

3.  Article 7. The Committee observes that the report does not supply all the information requested with regard to vocational guidance and training for workers with family responsibilities. The Committee recalls the fundamental role that vocational guidance and training play in the application of the Convention. The Committee reiterates, as it did in its previous comments, that it is essential not only to bring the legislation into conformity with the Convention but also to adopt specific measures “to enable workers, men and women, with family responsibilities to become and remain integrated in the labour force” in the same way as other workers. These measures may include, for example, flexibility in the design, delivery and location of training courses, distance learning or the provision of childcare services. The Committee again requests the Government to supply information on the measures taken or contemplated in this respect.

4.  Article 11. With respect to its previous request concerning the means by which the participation of employers’ and workers’ organizations is ensured in devising and applying measures to give effect to the provisions of the Convention, the Committee notes the Government’s comments that trade union organizations monitor compliance with labour legislation and participate by means of collective bargaining. The Committee considers, however, that these organizations should participate during the phase of drawing up the measures intended to give effect to the Convention. The Committee trusts that the Government will make every effort in this respect.

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

1. The Committee notes the detailed report sent by the Government and the information supplied in reply to its previous request. In particular, the Committee notes with interest the amendments to the Labour Code with regard to workers with responsibility for dependent children. The Committee also notes the Code of Good Labour Practices on Non-discrimination, the general terms of which contribute to a better application of the Convention.

2. Articles 4 and 5 of the Convention. The Committee notes with interest that Act No. 19824, published in the Official Journal of 30 September 2002, amending section 203(1) of the Labour Code, extends the obligation of maintaining crèches to those industrial and service centres that have the same corporate name or legal personality, which combined employ 20 or more workers. According to the Government’s report, industrial or service establishments which separately employed less than 20 employees and which were previously not obliged to run a crèche will now have to do so as a result of being considered collectively. The Committee requests the Government to supply information on the impact of this measure, mentioning, in particular, whether there has been any increase in the number of childcare facilities as a result thereof.

3. The Committee had requested the Government to extend the benefit of crèches to the children, under 2 years of age, of working fathers in keeping with the objective of the Convention. It notes the Government’s indication that this request could be implemented only if the Government subsidized the additional costs which would be incurred by the enterprise. The Committee would be grateful if the Government would continue its efforts to extend the benefit of day-care centres to the children of working fathers in conformity with the Convention, and provide information on any developments in this respect. The Committee again asks the Government to supply information on the inspections undertaken in relation to the application of Act No. 19591 concerning the right to childcare.

4. Article 8. In its previous comments, the Committee referred to section 195(2) of the Labour Code, which explicitly provides that fathers do not enjoy the employment protection set out in sections 201 and 174 of the Labour Code. The Committee had previously noted that, although section 195 grants maternity benefits to working fathers in the event of the mother’s death, it explicitly stated that fathers do not enjoy the same protection from dismissal as that afforded to mothers. While noting the Government’s statement that, by virtue of sections 159 and 160 of the Labour Code respecting termination of the employment contract, no worker may be dismissed on the grounds of their family situation, the Committee nevertheless noted that the explicit exclusion of working fathers from the protection afforded to working mothers by section 195(2), is not in conformity with the Convention. The Committee therefore once again recommended that the Government amend this provision with a view to establishing equality of treatment in working life between men and women with family responsibilities. The Committee notes with satisfaction that the amendments introduced by Act No. 19670, published in the Official Journal of 15 April 2000, modifies section 195 of the Labour Code to grant fathers the same protection against dismissal as mothers. It also notes that, as requested by the Committee, these provisions have been extended, under Act No. 20047 (published in the Official Journal of 2 September 2005), to single or widowed men or women who have adopted a child. The Committee requests the Government to provide information on the implementation of these new provisions.

5. Bearing in mind the results of the “Survey on remuneration and labour costs – analysis by sex”, which states that although the law entitles men to take leave for the purpose of childcare, this entitlement is rarely taken up because it does not correspond in ideological terms to the traditional male breadwinner role, the Committee invites the Government to continue to monitor this aspect and to keep it informed of any measures taken to encourage men to take such leave, and the results achieved.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the detailed report sent by the Government, and the information supplied in reply to its previous comments.

1.  With regard to the national policies adopted in accordance with Article 3 of the Convention, the Committee notes with interest Decree No. 1907 of 3 November 1998 enacting Convention No. 156 into national law and providing that it must be observed and given effect. It also notes the Government’s statement that the measures taken to give effect to the Convention apply to all branches of economic activity and categories of workers, without any distinction or discrimination, in both the public and private sectors. It also notes the various legislative texts establishing equality, which had been brought to its attention previously. With reference to paragraph 59 of its 1993 General Survey on workers with family responsibilities, the Committee recalls that it is essential that the national policy should be designed not only to eliminate all discrimination against workers with family responsibilities in law and practice, but that active measures should be taken to promote the principle of equality of opportunity and treatment. The Committee would therefore be grateful to be provided with information on other measures that are indicative of the national policy, such as documents on general policies, programmes and objectives which give effect to the principle set out in the Convention.

2.  Articles 4 and 5.  The Committee notes with interest Act No. 19.591, published in the Official Journal of 9 November 1998, which amends the Labour Code concerning the conditions for entitlement to a crèche, by establishing that the threshold of 20 women under contract which gives rise to the obligation for employees to install or finance crèches shall be considered to apply to each enterprise and not each establishment. According to the report, the entitlement of working mothers to crèches is thereby facilitated, since an enterprise with various establishments may not meet the threshold of 20 women in each establishment, but may employ more than 20 women in the enterprise in total, and thereby be under the obligation to install or finance crèches for all women workers who are mothers of children under 2 years of age. The Committee requests information on the impact of this measure, that is whether it has had the effect of the establishment of a greater number of crèches and how many. The Committee also notes that the Office of the Comptroller General of the Republic issued interpretative opinion No. 8931 of 15 March 1999 broadening the right to crèches and extending it to officials in the public sector. Please indicate the number of crèches established pursuant to the above opinion.

3.  The Committee also suggests that consideration be given to extending this measure to working fathers with children under 2 years of age. The Convention applies to men and women with family responsibilities. Furthermore, these provisions could give rise to the undesired effect that enterprises recruit men rather than women with a view to reducing expenditure on crèches in the event of reaching the threshold of 20 women workers. Please also provide information on the law and practice in relation to workers, both men and women, with children over 2 years of age in relation to the establishment of childcare services and facilities in accordance with Paragraphs 24-26 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).

4.  The Committee also notes with interest that Act No. 19.591, referred to above, grants maternity protection to women working in private houses, who were previously excluded from such legal protection, and that a new final paragraph has been added to section 194 of the Labour Code providing that employers may not make the continuation of employment conditional on the existence or absence of pregnancy, nor require a certificate or any examination to ascertain whether or not a woman worker is pregnant. The Committee also notes circular No. 13, of 29 January 1999, of the Labour Directorate issuing instructions to labour inspectors concerning the application of Act No. 19.591. The Committee would be grateful if the Government would provide information on the results of the inspections undertaking pursuant to the above circular.

5.  Article 6.  The Committee notes that the Women’s National Service (SERNAM) has taken various types of action to disseminate information on the real situation and the changing roles of men and women in the family and at work, including three studies and three booklets. One of the studies is entitled "Analysis of enterprise experience of improving the compatibility between working and family life" and the others examine public opinion on the priority themes of the SERNAM and on childcare systems. Furthermore, 5,000 copies of a booklet on Convention No. 156 have been reprinted and 20,000 copies have been printed of the booklet "Shared responsibilities - A new deal for the family". With reference to paragraph 90 of the General Survey, the Committee requests information on the extent to which these materials have been disseminated, with an indication for example of whether they have been distributed to employers and workers at the national level with a view to improving understanding by the public of the principle set out in the Convention and of the problems of workers with family responsibilities. The Committee would be grateful if the Government would include copies of the studies and booklets referred to with its next report.

6.  Article 7.  With reference to its previous comments, the Committee notes the legal provisions referred to by the Government in its report, including Act No. 19.611, published in the Official Journal on 16 June 1999, guaranteeing full legal equality between men and women and the right of individuals to participate in the opportunities of national life on an equal footing. Nevertheless, the Committee notes that the report does not provide the information requested on the measures taken in practice in the field of vocational guidance and training. Recalling the examples of measures given in paragraph 5 of its previous direct request, the Committee once again requests information on the measures which have been adopted or are envisaged to give effect to Article 7 of the Convention in practice.

7.  Article 8.  In its previous comments, the Committee recommended the amendment of the second paragraph of section 195 of the Labour Code, which explicitly provides that fathers do not enjoy the employment protection set out in sections 201 and 174 of the Labour Code. Nevertheless, the Committee had previously noted that, although section 195 grants maternity benefits to working fathers in the event of the mother’s death, it explicitly states that fathers do not enjoy the same protection from dismissal as that afforded to mothers. Furthermore, section 195 explicitly states that the rights afforded to mothers under that provision may not be waived. While noting the Government’s statement that, by virtue of sections 159 and 160 of the Labour Code, respecting termination of the employment contract, no worker may be dismissed on the grounds of their family situation, the Committee nevertheless notes that the explicit exclusion of working fathers from the protection afforded by section 195, paragraph 2, to working mothers is not in conformity with the Convention. According to paragraph 29 of the General Survey, it would be legitimate to take measures aimed at women, provided that men are not formally barred from access to such measures should they find themselves in the same circumstances. The Committee therefore once again recommends the Government to amend this provision with a view to establishing, also in this respect, equality of treatment in working life between men and women with family responsibilities. The Committee had also requested the Government to consider establishing protection in its labour legislation against the termination of the employment relationship in the circumstances envisaged in sections 199 and 200 of the Labour Code. These relate to leave when the state of health of a child under 1 year of age requires care at home on grounds of serious illness and for the care of a child under 6 months of age when guardianship or care of the child has been legally granted. The Committee once again urges the Government to consider introducing protection into its legislation in relation to the circumstances envisaged in sections 199 and 200 above, in accordance with Article 8 of the Convention.

8.  Article 11.  Please indicate the means by which the participation of employers’ and workers’ organizations is ensured in devising and applying measures designed to give effect to the provisions of this Convention.

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

The Committee notes the detailed report provided by the Government.

1. The Committee takes due notice of the Government's statements that application of the principle of the Convention is ensured in article 19 of the Constitution and sections 2, 194, 214-215, 289-290 of the Labour Code. The Government also cites Decree No. 383 and Acts Nos. 19.250 and 19.518. The Committee points out that the legislation cited does not specifically address the principle of equality of opportunity and treatment for men and women workers with family responsibilities. The Committee recalls that national policies adopted pursuant to Article 3 of the Convention should aim at eliminating any distinction, exclusion or preference made on the basis of family responsibilities, which has the effect of nullifying or impairing equality of opportunity and treatment for men and women workers in employment and occupation (see General Survey on workers with family responsibilities, ILO, 1993, paragraph 54). The Committee notes that implementation of the Convention should be viewed in a broad perspective and measures taken may include the promotion and establishment of conditions conducive to combining employment and parenthood, such as providing for reduced work hours, flexible work schedules, facilities for nursing and child care, the adoption of "family friendly" employment policies and conducting research on the changing roles of women and men in the family and the workplace in order to determine the best practices to be adopted in response to the greater participation of working parents in the labour force (see General Survey, paragraphs 62-75). In this regard, the Government is asked to indicate the specific initiatives taken or contemplated to promote the application in practice of Article 3 of the Convention.

2. The Government's report reflects that Chilean legislation prohibits employers from terminating workers due to their marital status. Further, sections 174 and 201 of the Labour Code protect women workers from termination during pregnancy and for one year following the expiration of the maternity leave period in that the employer cannot terminate the worker without seeking and obtaining prior authorization from the labour tribunal, which may only grant said authorization under certain circumstances contemplated in sections 159 and 160 of the Labour Code. The Committee has previously noted, however, that while section 195 grants working fathers maternity benefits in the event of the death of the mother, it expressly provides that fathers do not enjoy the same protection from dismissal as that afforded to mothers. Further, section 195 expressly states that the rights afforded to mothers under that provision may not be waived. The Committee recalls that one of the primary objectives of the Convention is to create equality of opportunity and treatment between workers with family responsibilities and those who have no such responsibilities; the other is to create equality of opportunity and treatment in working life between men and women workers with family responsibilities. This goal cannot be fully achieved without broader social changes, including a more equitable sharing of family responsibilities, implying the promotion of greater involvement of fathers in family life (see General Survey, paragraph 25). The Committee therefore recommends that working fathers be granted the same opportunities for family involvement as working mothers. To that end, the Committee recommends that section 195 of the Code be modified so that, where necessary, due to the death or incapacity of the mother during the relevant period, fathers may enjoy the same protection from dismissal as that accorded to the mother. The Committee further notes that there is no protection from dismissal for either men or women workers with family responsibilities who are aced with the circumstances contemplated in sections 199 and 200 of the Labour Code. The Committee urges the Government to consider modifying these sections of the Code to grant working parents, whether natural or adoptive, protection from termination due to family responsibilities, in accordance with Article 8 of the Convention.

3. The Government states that it does not have access to statistical information on the number of establishments with over 20 women workers in the country in relation to the number of working mothers. The Committee nevertheless requests the Government to supply information on the manner in which it is taking into account the needs of workers with family responsibilities under Articles 4 and 5 of the Convention and any research, including statistical studies undertaken or contemplated in order to determine the nature and extent of those needs.

4. The Government indicates that it is not aware of the problems encountered by workers with family responsibilities and, further, that it is unaware of any informational or educational campaigns intended specifically for women, or for men and women workers with family responsibilities, under the National Plan for Women. The Government is requested to supply detailed information on the activities it has undertaken or contemplates undertaking under Article 6 of the Convention.

5. The Committee notes the information in the Government's report indicating that men and women workers with family responsibilities have the same access as other workers to vocational guidance and training. The Committee nevertheless recalls that the Convention not only envisions the absence of discrimination, but the adoption of measures designed to place men and women workers with family responsibilities on an equal footing with other workers in the areas of training and employment. Such measures may include flexibility in the design, delivery and location of training courses in order to accommodate the restrictions faced by workers with family responsibilities, distance learning, services provided by vocational guidance counsellors that are suitably trained to meet the special needs of workers with family responsibilities, and the provision of adequate child care and other family services (see General Survey, paragraphs 96-117). The Government is requested to provide information in detail, in its next report, on the specific measures it has taken or contemplates taking to promote the application of Article 7 of the Convention.

6. The Committee thanks the Government for the information provided on jurisprudence relevant to the application of Article 8 of the Convention. The Committee would be grateful if the Government would continue to supply information, including copies of legislation, administrative and judicial decisions relevant to the principles of the Convention.

7. The Committee notes the Government's clarification regarding the application of Act No. 19.250, extending to male personnel in the armed forces the protection afforded to working mothers under sections 195 and 199 of the Labour Code. In this context, however, the Committee repeats the same concerns voiced in its point 2, above.

8. The Committee thanks the Government for the detailed information provided and expresses its hope that the Government will continue to supply relevant information regarding the application of Article 11 of the Convention.

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

The Committee notes the Government's first report and requests it to reply to the following points.

1. Article 3 of the Convention. The Committee requests the Government to send it specific information on the measures which exist or are envisaged to ensure that workers with family responsibilities do not suffer prejudice in their occupational advancement because of these responsibilities. The Committee also requests information on whether cases have been brought under the recourse to protection, mentioned in the report, alleging prejudice at work or in obtaining work because of family responsibilities.

2. Article 4(b). Although the legislative provisions in force would seem, in general, to be in conformity with the principles of the Convention on this Article, certain differences can be perceived in the treatment of women workers and men workers with family responsibilities. In particular, it can be seen that section 195 of the Labour Code provides for pre- and postnatal leave for the woman and protection against dismissal ("fuero laboral") for a period of one year after confinement. This section also provides that in the event of the mother's death during confinement or during the leave after confinement, the father shall benefit from such leave or the remainder of it which is intended for caring for the child. Nevertheless, the father does not enjoy the protection against dismissal laid down in section 201 of the Code or the right, granted under section 2 of Act No. 18.867, to leave and a subsidy for a period of up to 12 weeks which is given to any woman worker who has in her personal care a minor aged under six months and who has initiated adoption procedures for that child. If all these measures are intended to facilitate the work of persons with family responsibilities, the Committee considers it desirable that in the particular case of the mother's death during the period mentioned, the father or adopting father should also be entitled to all the rights given to the mother under both pieces of legislation, particularly the right not to be dismissed during this period. In this connection, the Committee recalls that paragraph 103 of its General Survey on workers with family responsibilities, 1993, indicates that the Convention allows the possibility of adopting measures essentially for women whose family responsibilities restrict their opportunities for economic activity, so long as men are not barred from access to such measures should they find themselves in the same position.

3. The Committee also requests information on the number of establishments with over 20 women workers in the country in relation to the number of working mothers.

4. Article 5. The Committee requests the Government to supply statistical information on the number of child-care facilities for workers with family responsibilities and on the community services available for workers with family responsibilities, such as family members other than children in their care. Also, please indicate whether the services and facilities for child-care and care for family members take into consideration the needs expressed by the workers concerned.

5. Article 6. The Committee requests the Government to supply specific information on whether any type of information or education campaigns exist or is planned on problems encountered by workers with family responsibilities in general or intended specifically for women, under the National Plan for Women.

6. Article 7. The Government is requested to supply specific information on this Article of the Convention.

7. Article 8. The Committee requests the Government to supply, if possible, judicial decisions, regulations, collective agreements, etc., connected with protection against termination of contract for women during pregnancy or after confinement and of workers with family responsibilities in general.

8. Article 10. The Committee requests the Government to explain why its report indicates that the Convention applies only to men serving in the armed forces and services and does not also include female staff in these services.

9. Article 11. The Committee requests the Government to inform it of the manner in which workers' and employers' organizations participate in the application of the measures adopted to give effect to the provisions of the Convention, if this is provided in national practice.