Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Iceland (Ratification: 2000)

Article 3. National policy. The Committee previously asked the Government to provide information on the progress made in the adoption of the draft parliamentary resolution on a family policy as well as its accompanying draft action plan. In its report, the Government indicates that due to the holding of early elections, the resolution and the action plan were not adopted. However, on 12 June 2019, the Parliament adopted parliamentary resolution No. 39/149 on an Action Plan on Protection of Children for the years 2019-2022. The Committee notes that this Action Plan aims at providing support to children who face physical and psychological violence and strengthening a number of institutions, such as the Child Welfare Agency and the Child Protection Committees. It observes that the Action Plan does not refer to measures enabling 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. Referring to its General Observation on the Convention adopted in 2019, the Committee recalls that, “one of the essential components of the Convention lies in Article 3(1) that requires the adoption of a national policy on non-discrimination based on family responsibilities” […]. “This national policy which is wide in scope and applies to all sectors of economic activity and all categories of workers, should be implemented through the adoption of a combination of specific legislative, administrative, policy or practical measures adapted to national conditions concerning employment participation and security, conditions of work, social security, and the provision of community services”. The Committee asks the Government: (i) to indicate the manner in which the Action Plan on Protection of Children 2019-2022 has addressed the issue of balancing work and family responsibilities, in particular of the effective sharing of family responsibilities; (ii) to provide information on the implementation of specific plans and programmes aimed at enabling persons with family responsibilities to engage in employment, without discrimination, and the results achieved; and (iii) to provide information on any cases of discrimination in employment and occupation based on family responsibilities dealt with by the labour inspectors or the courts as well as on the sanctions imposed and remedies provided.

Article 4. Parental leave. In its last comment, the Committee asked the Government to provide information on the measures taken to ensure that the parental leave system facilitates to the extent possible the taking of leave by male and female parents from work to care for their children. The Committee recalls that section 2 of Act No.95 of 2000 on Maternity/Paternity Leave and Parental Leave, as amended in 2017 has two main objectives: (1) firstly, to ensure that children get to spend time with both parents, and (2) secondly, to enable both men and women to balance work and family life. Section 24 also provides that each parent is entitled to four months parental leave to care for their child. Section 26 further provides that “An employee shall acquire the right to parental leave when she/he has been employed for six consecutive months by the same employer. [This shall apply irrespective of whether the employee was engaged on a permanent or a temporary basis.]”. The Committee further notes that parents who are active in the labour market are paid 80 per cent of their average salaries during the leave and the payments should come from a specific fund, financed through an insurance levy (European Commission Seminar Report of 2008 entitled “The Parental Leave System in Iceland”). The Government indicates that changes have been made to the maximum payment per month. In 2016, the maximum payment per month was increased from 370.000 ISK (US$2700) to 500.000 ISK (US$3600). In January 2018, the maximum payments were again increased from 500.000 ISK to 520.000 ISK. According to the Government, in March 2019 the Minister of Social Affairs and Children announced plans by Government to lengthen the allowed parental leave in two steps, resulting in a total of 12 months by the end of 2021: in 2020, the total number of months per child would be 10 months and increased to 12 months the following year; and in 2021, the division of months between parents would follow a rule allowing for five months non-transferrable leave for each parent and together parents are required to decide how the remaining two months should be shared. However, these plans have not been passed as changes in the legislation by the Parliament. According to the statistical information provided by the Government for the period 2015 to 2017, the average number of days used by fathers has slightly decreased from 88 days taken in 2015 to 85 in 2017, while the average days taken by women has slightly increased from 178 days in 2015 to 179 days in 2017. The Committee asks the Government to provide information on the measures taken to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities, so that women in particular are not restricted in their possibilities of preparing for, entering, participating in or advancing in economic activity. The Committee also asks the Government to provide information on any measures taken with regard to other immediate family members who clearly need care and support, including persons living with disabilities, or the elderly. Finally, the Committee asks the Government to provide statistical information disaggregated by sex on the number of men and women who have requested and obtained leave to care for dependent children or other immediate family members. Please, provide updated information on the progress made to increase the number of months for parental leave.

Flexible working-time arrangements. The Committee notes the Government’s indication that little has been done concerning the implementation of the recommendations of the Task Force on gender equality on the integration of family and working life. However, according to the Government the recommendations made by the Task Force coincided with the objectives established in the Icelandic Gender Equality Act No.10/2008: in this regard, section 12 requires public organizations to mainstream gender perspectives in policy and decision-making; while section 21 requires employers “to take the measures necessary to enable women and men to reconcile their professional obligations and family responsibilities – amongst other things, such measures shall be aimed at increasing flexibility in the organization of work and working hours in such a way as to take account of both workers’ family circumstances and the needs of the labour market, including facilitating the return of employees to work following maternity/paternity or parental leave or leave from work due to pressing and unavoidable family circumstances”. The Government also indicates that although the Directorate of Equality periodically reviews equality policies and programmes, statistics on the numbers of companies and organizations subject to such reviews are not yet available. The Committee once again asks the Government: (i) to provide information on any measures taken, including the provision of more facilities or services, to assist working parents to bridge these gaps, particularly between the end of paternity leave and day care; and (ii) to supply statistical information, on the availability of and accessibility to affordable childcare services and facilities, including their utilization by workers.

Social security. The Committee recalls that the Government had indicated that it was working on a draft resolution calling for the establishment of child insurance with payments based on household income, the aim of which is to simplify the benefit system and ensure that children in low-income families receive support. The Government states that no change was made to the child benefit system for the period under review. Currently child benefits are split equally between the (married or cohabiting) partners; full benefits are paid for the year of birth of a child, but none is paid for the year in which a child reaches 18 years of age; the amount of child benefits is calculated in the tax assessment at the end of June each year; and no assessment has been made on the effect changes to the child benefit system would have on workers with family responsibilities of low-income or single headed households. The Committee asks the Government to provide information on any change made to the child benefit system in the future and its impact on promoting the reconciliation of work and family responsibilities, in particular for low-income or single-headed households, thus enabling all in paid work to better meet their family responsibilities.

Article 5. Childcare and family services. The Committee notes the Government indication that no measures have been taken to provide more childcare facilities to assist working parents. In that regard, the Committee wishes to refer to its General Observation on the Convention adopted in 2019 where it expressed its concerns that the demand exceeds the provision of such services and facilities in all parts of the world, although the lack of quality, affordable care services has been identified by both men and women as one of the biggest challenges for women with family responsibilities who are in paid work, as well as the inflexibility of the hours of care of these services; and that, where funded childcare has been provided, labour participation rates of women have increased. In the view of the Committee, it is therefore essential that workers with family responsibilities have access to child and family care facilities meeting the needs of children of different ages, after school care, care for the disabled, and elderly care, that are affordable, accessible to their home and work, responsive to working hours, and provide quality care. The Committee once again asks the Government: (i) to provide information on any measures taken, including the provision of more facilities or services, to assist working parents to bridge these gaps, particularly between the end of paternity leave and day care; and (ii) to supply statistical information, on the availability of and accessibility to affordable childcare services and facilities, including their utilization by workers.

Article 6. Information and education. The Committee notes the Government’s indication that since 2016, the Federation of state and municipal employees (the largest federation of employees in the public sector in Iceland) and the Icelandic Confederation of Labour (ASÍ) have worked on promoting increased parental leave take up through an awareness raising campaign using the hashtag “#betrafaedingarorlof”. The campaign aimed at gathering reports from parents in order to be able to increase the quality of parental leave and its significance for a better work life balance. In 2018, the Directorate of Equality called for gender equality plans to be implemented in companies with more than 250 employees, as well as in kindergartens, primary and secondary schools; 366 educational institutions have been asked to report on their gender equality work. The Government indicates that the Directorate of Equality regularly informs public organizations and government institutions about their responsibilities in mainstreaming gender equality in public policy and decision-making The Committee asks the Government to continue to provide information on the measures taken to promote a broader public understanding of the need for a fairer sharing of family responsibilities between men and women; and (ii) to provide statistical information, disaggregated by sex, on the number of beneficiaries of flexible working time arrangements.

Article 8. Protection against dismissal. The Committee notes the Government’s indication that the Gender Equality Complaints Committee is in charge of examining cases and deliver rulings on whether provisions of the Gender Equality Act have been violated. In 2018, the Gender Equality Complaints Committee ruled in case No.1/2018 by applying section 21 of the Gender Equality Act which provides that “Employers shall take the measures necessary to enable women and men to reconcile their professional obligations and family responsibilities. Amongst other things, such measures shall be aimed at increasing flexibility in the organization of work and working hours in such a way as to take account of both workers’ family circumstances and the needs of the labour market, including facilitating the return of employees to work following maternity/paternity or parental leave or leave from work due to pressing and unavoidable family circumstances”. The Committee asks the Government to continue to provide any relevant judicial or administrative rulings or decisions concerning protection of workers against abusive termination of employment.

Article 11. Cooperation with the social partners. As regard the manner in which the social partners are engaged and cooperate in the promotion of the application of the principle of the Convention, the Committee notes the Government’s indication that a collective bargaining agreement named “Quality of Life Agreement” was signed in 2019 between the labour movement and the employers. According to the Government, the agreement addresses among other things: the need to increase child benefits, especially for families with low wages (the equivalent of a pay rise of 15.000 ISK (US$108) for a single parent of two on the minimum wage). The collective agreement also allows for increased flexibility on working hours, which can lead to a shortening of mandatory presence at the workplace from 40 hours a week to 36 in some cases that shall take effect in January 2020. The Committee asks the Government to continue to provide information on the manner in which the social partners are engaged and cooperate in the promotion of the application of the principle of the Convention.