Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 3 of the Convention. In its previous comments, the Committee noted the adoption of the Act of 23 March 2006 on equal pay for men and women which requires enterprises to indicate the measures taken to promote the reconciliation of working life and family life in the annual situation report comparing general conditions of employment and training. The Committee notes the adoption of Decree No. 2011-822 of 7 July 2011 on the implementation of company regulations on occupational equality between men and women, which sets out the contents of the annual situation report. The Committee also notes that a Conference on the sharing of family and work responsibilities was held in June 2011 organized by the Ministry of Solidarity and Social Cohesion, with representatives from workers’ and employers’ organizations, members of associations, universities and elected representatives. It notes that the Conference foresaw that a support plan concerning occupational equality in the world of work would be proposed before the end of 2011 and that it would contain a section on family policy in order to better reconcile working life and family life. The Committee requests the Government to provide information on the support plan concerning occupational equality in the world of work, including measures to establish effective equality of opportunity and treatment for workers with family responsibilities as well as the specific measures taken by companies to promote the reconciliation of working life and family life.

Article 4. Leave entitlements. With regard to parental leave to look after a child who is seriously ill, injured or with disabilities, the Committee welcomes the fact that to simplify and improve the quality of rights, Act No. 2011-525 of 17 May 2011, entitles workers to renewed leave in the event of a relapse or the recurrence of the child’s condition (section 42). It observes that, according to the statistics provided by the Government in December 2009, there were 4,529 beneficiaries of the parental care allowance, 87 per cent of whom were women. The Committee also notes that under Act No. 2011-50 of 11 January 2011 on the provision of a daily allowance to support a dying family member and family care leave, workers benefiting from this leave or transforming it into a period of part-time work, may claim a daily allowance. It notes that the Government’s report does not include information on family support leave which enables workers to care for a family member who is with disabilities or has suffered a loss of autonomy of a particular degree of gravity. The Committee requests the Government to continue providing information on the number of men and women benefiting from parental leave and to indicate the measures taken or envisaged to better inform workers of this measure, particularly male workers with family responsibilities, and employers. The Committee also requests the Government to provide information on the number of men and women who have benefited from family support leave and family solidarity leave, indicating whether they received the corresponding allowance. It further requests the Government to continue providing information on any new measures aimed at addressing the needs of workers with family responsibilities.

Paternity leave. The Committee notes the Government’s indication that, since 2003, approximately 66 per cent of the fathers who are potentially concerned have benefited from paternity leave (87 per cent in the public sector, 68 per cent in the private sector and 22 per cent of self-employed workers). Initiatives have nevertheless been adopted to raise awareness, particularly among male workers and employers, of the issue of reconciliation of work and family responsibilities, including the publication of a guide for companies entitled “Promoting parental responsibility among male employees”. The Committee requests the Government to continue providing information on the number of employed fathers who have requested paternity leave and those who have taken such leave (employees in the public and private sectors and self-employed workers). It also requests the Government to indicate the specific measures taken to remove any obstacles which may prevent fathers from taking paternity leave and to promote and facilitate the use of this leave among workers, particularly workers in the private sector and self-employed workers, and the impact of such measures.

Articles 4 and 7. Social security and training. The Committee notes the Government’s indication, in response to its previous comments on the maintenance of social protection during childcare leave, that the period of leave may, under certain conditions, be included in the calculation of the beneficiary’s basic pension and compulsory supplementary pension. The Committee requests the Government to provide details on the following points:

• (i) the conditions under which the period of leave is included for the purpose of the basic pension and the compulsory supplementary pension;
• (ii) the number of beneficiaries of childcare leave (men and women); and
• (iii) the number of beneficiaries of this leave who have received training during or after their leave.

Article 5. Childcare facilities and services. The Committee notes the Government’s indication that the coverage rate of needs for children between 0 and 3 years is around 48 per cent. It also notes the adoption of a development plan for the care of young children (2009–12), which aims to create 200,000 additional childcare places, and that 82,200 childcare places were created between 2009 and 2010. The Committee requests the Government to indicate the measures taken or envisaged to improve the rate of coverage of care needs for children between 0 and 3 years and for older children, whether through collective or individual childcare facilities or through expanding services for individuals, and to provide information on the results obtained within the framework of the development plan for the care of young children, particularly in terms of the creation of childcare places.

Article 6. Information and education. The Committee notes with interest the creation, in 2008, of the Enterprise Parenthood Observatory, which is responsible for assessing employers’ practices to assist in reconciling work and family life, to promote the Parenthood Charter (launched in April 2008 and signed by 281 enterprises or associations by October 2011) and to share good practices. The Committee also notes that a report entitled “Parenting and occupational equality of men and women: How to involve men? Ten good business practices”, was published in February 2012 by the Secretary of State for the Family. The Committee requests the Government to provide information on the specific measures taken to follow up the report of the Enterprise Parenthood Observatory and to continue providing information on the initiatives taken by this body to inform and raise awareness among workers, employers and their organizations concerning the principle of equality of opportunity and treatment for workers of both sexes and the problems of workers with family responsibilities.

Article 7. Integration in the labour force. The Committee notes that the allowance for women’s return to work (ARAF) has been replaced by the allowance for childcare for single parents (AGEPI), which is provided for jobseekers, regardless of gender, under certain conditions, to help them to care for their children when returning to work or taking up training. The Committee requests the Government to provide information on the number of beneficiaries of the AGEPI, disaggregated by sex, and on the measures taken or envisaged to facilitate workers’ integration into the labour force following an absence due to family responsibilities.

Article 11. Cooperation with the social partners. The Committee notes the Government’s indication that the social partners included discussions on the quality of working life in their agenda for 2011, addressing particularly the issues of reconciliation of work and family life, working conditions and gender equality. It also notes that the number of company and branch agreements covering gender equality increased between 2005 and 2009 from 295 to 1,290 and from 41 to 107, respectively. The Committee requests the Government to provide information on the outcome of the work undertaken by the social partners on the quality of working life, and in particular on the reconciliation of work and family life, as well as the specific measures taken within the framework of the national interoccupational agreement of 1 March 2004 concerning workers with family responsibilities.

Part V of the report form. Application in practice. The Committee notes that the number of complaints of discrimination based on family situation recorded by the High Authority to Combat Discrimination and Promote Equality continue to rise and represented 2.5 per cent of all complaints registered in 2010 (HALDE, 2010 annual report). The Committee requests the Government to provide information on complaints concerning discrimination based on family responsibilities dealt with by the Human Rights Ombudsperson, the labour inspectorate and the courts, with an indication of the outcome.