Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Article 1 of the Convention. Definitions. The Committee previously asked the Government to indicate how the provisions of 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) assist workers to balance work with their responsibilities, for immediate family members in need of their care or support, and to provide information on the measures taken or envisaged in this respect, including through the amendment of Law No. 26 of 1991 related to social insurance. The Committee notes the Government’s indication that, the Social Welfare Code contains legal provisions that provide social welfare to people classified as poor, but owing to the war and the withdrawal of donors, many of the Social Welfare Fund’s activities, including the provision of monetary assistance, have been suspended. However, a year ago, the Government resumed them in collaboration with the World Bank, UNICEF and local partners. The Committee asks the Government to indicate the provisions of the Social Welfare Code which aim to provide assistance to men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support, where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity.

Article 2. Coverage of categories of workers and branches of activity. Considering that, more than 70 per cent of the Yemeni population are employed in agricultural work, the Committee asked the Government in its previous comment, to provide specific information on the steps taken and the progress made in the adoption of a law specifically for agricultural workers who are excluded from the scope of the Labour Code. The Committee notes the Government’s indication that the new draft Law on Social Security covers agricultural workers, but that it has not been approved in the House of Representatives because of the war and its impact. The Committee asks the Government to provide information on the adoption of any legislation which will promote the application of the Convention in the agricultural sector.

Article 3. National policy. Noting that the Government did not respond to its previous request on this point, the Committee once again asks 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. In addition, it asks the Government whether the National Strategy for Women’s Employment (2001–11) has been updated and to provide information on the impact of its application.

Articles 4 and 5. Measures to facilitate and promote access to employment for workers with family responsibilities, and to make the workplace more responsive to the needs of workers with family responsibilities. In the absence of information in the Government’s report on these points, the Committee asks the Government to provide information on any measures adopted: (i) to promote the employment and re-employment of workers with family responsibilities; and (ii) to create conditions conducive to equality of opportunity and treatment for both men and women workers with respect to work and family responsibilities, such as measures to develop or promote community services, either public or private (for instance childcare and family services and facilities).

Article 6. Information, education and research. Referring to its previous comments, the Committee once again 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. Termination of employment. In the absence of any information on the subject, the Committee reiterates its request to the Government to include 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.

Article 11. Role of employers’ and workers’ organizations. The Committee notes the Government’s indication that the activities of the Labour Council has stopped due to the political crisis and the ongoing war and confirmation that it will make significant efforts to re-activate the Labour Council once the situation stabilizes. While taking note of this information, the Committee asks the Government to provide information on the activities of the Labour Council, once operational, and meanwhile, to indicate the activities planned or in place to raise awareness among employers’ and workers’ organizations about the issues relating to balancing work and family responsibilities.