Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - France (Ratification: 1989)

1. The Committee notes the comments transmitted by the French Confederation of Christian Workers (CFTC) which indicate that consideration is being given to making the receipt of the family allowance (allowance paid for children) a matter of free choice. According to the CFTC, this allowance of three-quarters of the minimum wage, which is granted as from the second child to one of the working parents, should be offered as of choice so that its grant does not amount to a tax penalty. One of the conditions of such a development should, states the CFTC, be to guarantee both that the spouse who has chosen to receive the allowance not be prevented from also pursuing a career in the normal way and that he/she continue to receive social protection, especially as concerns retirement.

2. The Committee also notes the comments of the French Democratic Confederation of Labour (CFDT) which state that no measures actually exist in French law to proscribe discrimination in employment for workers with family responsibilities so as to enable them to harmonize their family and professional lives. Even though an employment contract may be suspended for three years after the birth or adoption of a child, no such possibility exists in other circumstances as when, for example, an adolescent has a serious problem with drugs or has attempted suicide or when an aged parent is near death. There is no entitlement for workers to obtain leave to care for a sick child, nor is there the possibility for them to interrupt their employment or reduce their working hours to provide care and support for family members.

3. The CFDT refers to Article 8 of the Convention (which provides that family responsibilities shall not, as such, constitute a valid reason for termination of employment), and notes that if workers with family responsibilities need time to care for an ill child, an aged parent or an adolescent in trouble, they must formally resign from their jobs. If it is true, states the CFDT, that a significant effort has been made by France - compared to that made by other countries - to develop ways of caring for young children, then these efforts are far from meeting the actual needs in respect of, for example, sick children, care for children outside of school-hours and activities for adolescents.

4. The Committee notes the concerns expressed by the CFTC and the CFDT and invites the Government's comments on the matters raised in its next report.

5. The Committee is also addressing a direct request to the Government on certain points.