Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1 of the Convention. The Committee notes the Government’s indication that Law No. 39 of 2008 which aims at providing social welfare to categories of people whose health, physical condition or age does not enable them to be independent, was adopted. The law applies to orphans, persons with disabilities, unemployed persons, the elderly and women “without a breadwinner”. The Government further indicates that steps were taken to amend the sections of Law No. 26 of 1991 relating to social insurance, in order to ensure increased attention to the family. The Committee asks the Government to indicate how the provisions of Law No. 39 of 2008 assist workers to balance work with their responsibilities for immediate family members in need of their care or support and to continue to provide information on the measures taken or envisaged in this respect, including through the amendment of Law No. 26 of 1991.

Article 2. With respect to agricultural and pastoral workers who are excluded from the scope of the Labour Code, the Committee notes the Government’s statement that it is undertaking consultations with the Ministry of Agriculture and the social partners with respect to all matters of concern to them. Recalling the Government’s earlier statement that more than 70 per cent of the Yemeni population are employed in agricultural work, the Committee asks the Government to provide specific information on the steps taken and the progress made in the adoption of a law specifically for agricultural workers. The Committee once again expresses its hope that these legislative developments will promote the application of the Convention in the agricultural sector, and requests the Government to provide information on the content of the legislation in this respect.

Article 3. The Committee notes that the Government refers to the difficult situation of the country for the past three years and indicates that it is finalizing the procedures for the promulgation of the new Labour Code. The Committee, while noting that the Government refers in its report to the employment of women would like to recall that Article 3 of the Convention requires that national policy shall aim to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities, and so should apply to both men and women on an equal footing. The Committee requests the Government to provide information on any measures taken or envisaged to formulate and implement a national policy on workers with family responsibilities, including through the new Labour Code. The Committee once again asks the Government how the National Strategy for Women’s Employment (2001–11) contributed to the application of the Convention, and requests information on any updated National Strategy.

Articles 4 and 5. The Committee requests the Government to provide information on any measures taken or envisaged to create conditions conducive to equality of opportunity and treatment for both men and women workers with respect to work and family responsibilities. Please also provide information on any measures taken or envisaged to develop or promote community services, public or private, such as childcare and family services and facilities.

Article 6. Referring to its previous comments, the Committee requests the Government to take measures to raise public awareness on the issue of workers with family responsibilities in order to promote the application of the Convention and to report on any progress in this regard.

Article 8. The Committee asks the Government to provide information on the progress with respect to including in the new Labour Code a provision specifying that a worker’s service may not be terminated on the ground of his or her family responsibilities and to forward the text of the relevant legislative provisions upon adoption.

Article 11. While noting the Government’s reference to the political instability in the past three years in the country, the Committee looks forward to receiving information on the renewed work of the Labour Council, particularly with respect to its efforts to design and apply measures to give effect to the Convention. Furthermore, the Committee once again asks the Government for information on any activities planned or in place to raise awareness among employers’ and workers’ organizations about the issues relating to balancing work and family responsibilities.