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

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

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.