Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

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

1.  In its previous observation, the Committee noted the comments made by the French Confederation of Christian Workers (CFTC) relating to the parental allowance for bringing up children and the guarantees which should also be accorded to beneficiaries of the allowance in terms of career development and continuity of social protection. It also noted the comments of the French Democratic Confederation of Labour (CFDT) concerning the needs of workers with family responsibilities. The Committee notes that the Government’s report contains no reply to the concerns expressed by these trade unions.

2.  The Committee notes that according to the 1998 review of collective bargaining, attached to the Government’s report, the social partners continued to seek a better reconciliation of working life and family life, as reflected in the granting of leave for childcare. It notes, however, the concerns expressed by the French Democratic Confederation of Labour (CFDT) in its 1994 communication concerning the allowance of measures to take into account the family responsibilities of workers in relation to other immediate family members requiring their care or support, such as adolescents in difficulty, and elderly or disabled relatives. It hopes that the Government will provide a reply to these matters in its next report.

3.  The Committee also recalls the concerns expressed by the CFDT, in relation to Article 8 of the Convention, according to which the protection envisaged in sections L.122-45 and L.123-1 of the Labour Code against discrimination based on family situation is far from meeting the real needs of workers with family responsibilities and that there is currently no provision in French legislation prohibiting discrimination in employment against these workers. The Committee therefore requests the Government to supply information on the national policy and legislative measures intended to protect workers with family responsibilities against discrimination, including dismissal, and to promote equality of opportunity and treatment for them.

4.  The Committee hopes that the Government will do its utmost in future reports to reply to the concerns expressed and to provide detailed information on the manner in which these fundamental aspects of the Convention are applied in France.