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

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

1. Article 4 of the Convention. Parental leave and benefits. The Committee notes that section 87 of Act No. 2005-1579 of 19 December 2005 has introduced a new parental leave and a daily parental allowance. Beneficiaries of this arrangement receive financial assistance, which is not means-tested, provided on a monthly basis and are able to apply for leave in the form of days of absence from work for a maximum period of three years. At the end of the parental leave, workers are entitled to return to their previous jobs or to similar to jobs with the same wages as they were paid prior to the leave period. The Committee requests the Government to send information on the number of men and women who have availed themselves of parental leave and benefits.

2. Paternity leave. The Committee recalls that the Act on Social Security Financing for 2002 introduced paternity leave to enable fathers to look after their children. It grants fathers a total of 14 consecutive days around the time of the child’s birth. The Committee notes that according to the Government’s report, in 2003 and in 2004, nearly two-thirds of the eligible fathers availed themselves of paternity leave. The Government indicates, however, that the fathers whose occupational status is unstable or whose wages are low avail themselves of this leave less frequently. The Government also states that one of the reasons why fathers of more modest means resort less frequently to paternity leave is that they are unaware of their rights or believe that the requisite formalities to obtain it are complicated. The Committee also notes the information that, occupational constraints apart, what particularly distinguishes fathers who do not take paternity leave is the fact that they are less concerned about equality in parental roles. The Committee requests the Government to keep it informed of the use made of paternity leave, including by low income workers and workers who do not hold contracts for an indefinite period. It also asks the Government to send information on the measures taken to improve awareness of the provisions governing paternity leave and regarding the importance of equality in parental roles.

3. Family support leave. The Committee notes with interest the entry into force in January 2007 of the “family support” leave. This enables persons wishing to care for a dependent family member to stop work without losing their jobs. The Committee requests the Government to continue to provide on the measures taken to facilitate care and support for family members, and on the number of beneficiaries of family support leave.

4. Article 6. Promotion of the principle. The Committee notes the various activities under way to raise awareness of the public regarding the implications of equality of occupation. It notes in particular that an internet site has been established to provide information and to disseminate good business practices, especially as regards work/life balance. The Committee requests the Government to keep it informed of the measures taken to inform the public about the principle of equality of opportunity and treatment for workers of both sexes and the problems of workers with family responsibilities, and to send information on the impact of such measures.

5. Article 7. Measures to facilitate re-entry into the labour force. The Committee takes note of the Aid for Women’s Return to Work (ARAF) which enables women with no access to childcare facilities to make arrangements for childcare upon returning to work or training. The Committee requests the Government to send information on the number of beneficiaries of the ARAF and to continue to provide information on the measures taken or envisaged to facilitate workers’ return to the labour force following absence due to family responsibilities, including the measures taken to allow fathers to benefit from such arrangements.

6. Article 11. Collaboration with the social partners. The Committee notes the inter-occupational agreement of 1 March 2004 on gender equality in occupation, signed by the five representative trade unions. The agreement asserts the need for family responsibilities to be taken into account in relation to women’s careers. The Committee requests the Government to send information on the measures taken or envisaged under the abovementioned inter-occupational agreement with a view to giving effect to the provisions of the Convention.

Part V of the report form. Practical application. The Committee noted in its previous comments that section L.122-45 of the Labour Code prohibits discrimination on the ground of family status. The Government indicates in its report that, according to the case law, consideration of family status pertains to the employee’s personal life. It also indicates that there have been no important decisions regarding discrimination for reasons relating to family life. The Government points out, however, that the High Authority to Combat Discrimination and Promote Equality recorded in its first annual report that 4.8 per cent of the complaints filed with its departments concerned family status. The Committee further notes that every year, the Government disseminates “key figures” on equality between men and women, which include figures on work/life balance. The Committee requests the Government to provide, in so far as it is able, recent statistics relating to balancing work and family responsibilities, disaggregated by sex, occupation and sector of activity. It requests the Government to continue to provide information on judicial and administrative decisions relating to the principle of the Convention.