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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Serbian Association of Employers (SAE), communicated with the Government report.

Article 3 of the Convention. National policy. The Committee notes with interest the adoption of the new Law on Gender Equality on 20 May 2021, which recognizes and defines unpaid housework and provides for the collection, recording and publication of statistical data disaggregated by sex and age, including regular monitoring of unpaid domestic work (art. 12 and 28). The Committee takes notes of the Government’s evaluation of the implementation of the National Action Plan for the Realization of the Gender Equality Strategy 2016-2018 (NAP) and the National Gender Equality Strategy 2016-2020 and observes that it recorded limited positive steps in raising awareness of the importance of gender equality, but that the actions were insufficient to change patriarchal culture and stereotypes. The Committee also notes that SeConS Development Initiative Group (SeConS) conducted an independent evaluation of the NAP with the support of the United Nations (UN) Entity for Gender Equality and the Empowerment of Women (UN Women) and concluded that the action plan 2016-2018 had been ineffective in promoting equal participation of men and women in parenting roles and the care economy. According to the Gender Equality Index for the Republic of Serbia 2021, the gender gap with regard to caring for the elderly, children and family members with disabilities is still very pronounced: 41.2 per cent of women aged 18 and above perform these activities daily, while only 29.5 per cent of men do so. The Committee observes that, in October 2021, the Government adopted the Gender Equality Strategy 2021-2030, whose “Objective 1” is to reduce the gender gap in economy, science and education, including by supporting the activation of women in the labour market and increasing employability and employment (measure 1.1); and the recognition, valuing and redistribution of unpaid domestic work, and the increase of available time for paid work, personal development and free time (measure 1.2). The Committee requests the Government to provide information on:

• (i)the actions taken to implement the Law on Gender Equality and the Gender Equality Strategy 2021-2030;
• (ii)the results achieved in this regard; and
• (iii)any advancements with regard to the promotion of equal sharing of care and family responsibilities between men and women.

Article 4. Leave entitlements. The Committee observes that, in its report, the Government does not provide statistics, disaggregated by sex, on the extent to which employees with family responsibilities make use of the leave entitlements and reduced working hours. The Committee takes note of CATUS’ observations, according to which there is no protection for employees with responsibilities towards the elderly, the sick and family members with disabilities, including a lack of protection against dismissal due to the need to assist a close relative. The Committee asks the Government to provide information on the measures taken to ensure effective protection of employees with family responsibilities, including caring for a close family member.The Committee once again encourages the Government to take the necessary steps to compile statistics, disaggregated by sex, on the extent to which employees with family responsibilities make use of leave entitlements and reduced working hours, including under sections 77 and 91-100 of the Labour Code.

Maternity leave. The Committee observes that, since the entry into force of the new Law on Financial Support to Families with Children, in July 2018, 105,302 mothers and 45 fathers have enjoyed “maternity leave”. With regard to childcare leave, the Government indicates that 102,210 mothers and 603 fathers have benefited from it; while 16,318 mothers and 184 fathers have taken special childcare leave. The Committee requests the Government to provide information on any measure adopted to promote equality between men and women with regard to childcare responsibilities, and to continue providing statistics, disaggregated by sex, on the number of employees who make use of maternity leave, childcare leave and other entitlements relating to leave for nursing a child.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that the activity of preschool institutions is multifunctional and includes children’s education, nourishment, care and preventive healthcare and social protection. The preschool education system consists of a network of 456 institutions, which served 216,570 students during the academic year 2020-2021. The Government indicates that the demand is greater than the existing offer of places, as 9,562 children were admitted over capacity and 5,297 children were placed on waiting lists. The Government indicates that the still insufficient coverage is a consequence of an uneven network of preschool facilities at the local level, insufficient space and limited investment. The Committee also notes that children without parental care, children with developmental disabilities and children from materially disadvantaged families are exempted from the obligation to pay for full-time and half-day programs, in accordance with the regulations governing financial support to families with children. The Committee requests the Government to continue providing information on the number and nature of community childcare, family services and other facilities available to workers with family responsibilities, as well as on the number of workers with family responsibilities who avail themselves of childcare and other family services, disaggregated by sex.

Article 6. Information and education. Noting that no information was provided on this issue, the Committee requests the Government to:

• (i)indicate which authorities and bodies are responsible for the promotion of information and education on equality between men and women workers and workers with family responsibilities; and
• (ii)provide specific information on the actions taken to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities.

Article 7. Integration in the labour market. The Committee notes the Government’s indication that, in 2020, 878 women (out of 1001 persons) benefited from active labour market policy measures for unemployed single parents, and that the vast majority of beneficiaries of the additional training and educational program for unemployed single parents (82 out of 89 persons) were women. The Committee also notes that, in 2018, 105 parents of children with developmental disabilities benefited from active labour market policies, 105 in 2019, and 46 in 2020, and that some of them enjoyed additional education and training programmes (7 in 2018, 3 in 2019 and 4 in 2020). The Committee observes that, according to the abovementioned evaluation of the NAP on Gender Equality 2016-2018, conducted by SeConS and UN Women, 97% of people who do not look for a job due to their responsibility towards children or adult family members who need care are women. The Committee takes note of the Employment Strategy in the Republic of Serbia 2021-2026, adopted in February 2021, in particular its “Special Objective 2”, which aims at improving the position of women in the labour market (measure 2.4) through an analysis of the preconditions for reconciling work and family life (activity 2.4.2). The Committee notes that the new Gender Equality Law establishes that employers in the public and private sector shall organize professional development and training programmes taking into account the family obligations of employees (art. 29). The Committee requests the Government to provide information on:

• (i)the implementation of the Employment Strategy 2021-2026 and its results, in particular with regard to the above-mentioned activity 2.4.2; and
• (ii)the extent to which workers with family responsibilities, particularly women, benefit in practice from additional education and training. The Committee also asks the Government to provide statistical information on the number of employees who return to work after taking maternity leave or leave for childcare.

Article 9. Collective agreements. The Committee takes note of the collective agreements mentioned by the Government, which contain provisions on additional paid leave (such as for the birth or adoption of a child, or illness of a close family member) and unpaid leave, including caring for an ill family member. The Committee requests the Government to continue providing information on collective agreements which contain provisions that could assist workers in reconciling their work and family responsibilities. The Committee also requests information on cases dealt with by the labour inspectorate and/or judiciary related to the practical application of those provisions.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee takes note of the annual reports of the Social and Economic Council of the Republic of Serbia. The Committee also takes note of SAE’s observation, according to which SAE consulted the representatives of the Ministry of Labour, Employment, Veteran and Social Affairs and the representative trade unions during the development of the conclusion and recommendations for the Project “Work-Life Balance and Promotion of Gender Equality” (2017), financed by the European Commission. The Committee requests the Government to continue providing information on measures taken to promote social dialogue and tripartite cooperation on matters related to the Convention, and to indicate the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. National policy. The Committee previously requested information on the practical application of the Law on Gender Equality of 2009 with respect to promoting an equitable sharing of family responsibilities between men and women. The Committee notes that, in its report, the Government indicates that the principal legislative measures for the protection of workers with family responsibilities, in addition to the Law on Gender Equality (Law No. 104/09), are set forth in the Rulebook on the Content and Manner of Submission of the Plan of Measures for Elimination or Mitigation of Unequal Gender Representation and the Annual Report on its Implementation (Law No. 89/10). The Government adds that a gender equality index was developed in February 2016 and gender-responsive budgeting introduced by the Budget System Law in December 2015. In addition, within the context of a new Strategy for Gender Equality 2016–20 and its Action Plan for the period 2016–18, the Government plans to adopt measures enabling equal participation of parents in family responsibilities (objective 2.1). Noting the adoption of a new Action Plan for Achieving Gender Equality (2013–17), the Committee invites the Government to provide information on the practical measures taken to implement the Plan, in particular to enable men and women with family responsibilities to work, or for those who wish to work, to exercise their right to do so without conflict between their work and family responsibilities, and the results achieved.

Article 4. Leave entitlements. Recalling the importance of gathering information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention, the Committee encourages the Government to take the necessary steps to compile statistics, disaggregated by sex, on the extent to which employees with family responsibilities make use of the leave entitlements and reduced working hours, including under sections 77 and 91–100 of the Labour Code.

Maternity leave. The Committee recalls that the father of a child is entitled to “maternity” leave (three months after childbirth) under sections 94(3) and 94a(1) and (2) of the Labour Code only if the mother dies, abandons a child, or is prevented from caring for the child due to other justified reasons, or if she is unemployed (section 94(5) and 94a(4)). It takes due note of the Government’s indication that the right to “maternity” leave is primarily provided to women with the aim of facilitating their physical recovery from childbirth and that, after the three months, pursuant to section 94(4) and (6), it is for the parents to decide who will use the remaining leave for nursing a child (nine months). The Committee asks the Government to provide statistics, disaggregated by sex, on the number of employees who make use of the entitlements relating to “maternity” leave, and the entitlements relating to leave for nursing a child, of the Labour Code.

Article 5. Childcare and family services and facilities. Noting that the Government’s report does not contain any information in reply to its previous comments concerning measures taken or envisaged to assist workers with family responsibilities with childcare and family services and facilities, the Committee once again asks the Government to provide information on: (i) the number and nature of community childcare and family services and facilities available to men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities who avail themselves of childcare and family services, disaggregated by sex.

Article 6. Information and education. Noting that the Government’s report does not contain any information in reply to its previous comments, the Committee once again asks the Government to indicate the authorities and bodies responsible for the promotion of information and education on equality between men and women workers and workers with family responsibilities, and to provide specific information on the action taken to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities.

Article 7. Integration in the labour market. The Committee previously asked the Government to indicate the extent to which workers with family responsibilities benefit from the programmes for additional education and training or from any measures taken under the National Employment Strategy 2011–20 (No. 37/11). It had also asked the Government to provide statistics on the number of employees who have returned to work after taking “maternity” leave or leave for childcare. In its report, the Government indicates that, in the context of the National Employment Strategy and National Action Plan for Employment for 2015 (No. 101/14 and 54/15), women’s employment is promoted through equal opportunity policies and measures. According to the National Employment Service, the active employment policy measures in 2015 targeted 150,953 unemployed persons, of which 79,631 or 52.75 per cent were women, and 5,013 of them were involved in education and training programs. However, workers with family responsibilities were not beneficiaries of education and training programmes or any other active employment policies. With regard to statistics relating to employees who have returned to work after taking “maternity” leave or leave for childcare, the Government indicates that no data exist as the employer has no obligation to provide such information to the Ministry of Labour. Taking due note of the information provided by the Government, the Committee wishes to recall the importance of gathering statistical information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention. Consequently, the Committee encourages the Government to indicate the extent to which workers with family responsibilities, particularly women, benefit in practice from the programmes for additional education and training, or from any measures taken under the National Employment Strategy (2011–20). It also invites the Government to consider, jointly with the social partners, how it can gather statistical information on the number of employees who return to work after taking “maternity” leave or leave for childcare.

Article 9. Collective agreements. The Committee recalls that it had asked the Government to provide information on the practical application of the provisions in the special collective agreements (at the company level) aimed at assisting workers in reconciling their work and family responsibilities. The Government indicates in its report that, in accordance with the Law on Amendments to the Labour Law (Law No. 75/14), which entered into force on 29 July 2014, all collective agreements ceased to have effect on 29 January 2015. It also indicates that most of the new collective agreements regulate paid leave in specific situations, including childbirth, adoption of a child, serious illness of a close family member, or unpaid leave, including care for a sick family member. In addition, some collective agreements provide that an employed pregnant woman, an employed parent with a child under 3 years of age, or a self-supporting parent with a child not older than 7 years of age or with a child with a serious disability, may work overtime and/or at night only with their consent in writing. The Government also indicates that collective agreements concluded at the company level do not need to be registered with the Ministry of Labour, Employment, Veteran and Social Policy and, therefore, no data exist. The Committee asks the Government to provide samples of collective agreements, which contain equality provisions that could assist workers in reconciling their work and family responsibilities, as well as information on cases dealt with by the labour inspectorate and/or judiciary related to the practical application of those provisions.

Article 11. Cooperation with employers’ and workers’ organizations. Noting that the Government has not provided information on the specific measures taken, including by the Social-economic Council, to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, the Committee reiterates its request to the Government to provide such information. It also asks the Government to provide information on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3 of the Convention. National policy. The Committee previously requested information on the practical application of the Law on Gender Equality of 2009 with respect to promoting an equitable sharing of family responsibilities between men and women. The Committee notes that, in its report, the Government indicates that the principal legislative measures for the protection of workers with family responsibilities, in addition to the Law on Gender Equality (Law No. 104/09), are set forth in the Rulebook on the Content and Manner of Submission of the Plan of Measures for Elimination or Mitigation of Unequal Gender Representation and the Annual Report on its Implementation (Law No. 89/10). The Government adds that a gender equality index was developed in February 2016 and gender-responsive budgeting introduced by the Budget System Law in December 2015. In addition, within the context of a new Strategy for Gender Equality 2016–20 and its Action Plan for the period 2016–18, the Government plans to adopt measures enabling equal participation of parents in family responsibilities (objective 2.1). Noting the adoption of a new Action Plan for Achieving Gender Equality (2013–17), the Committee invites the Government to provide information on the practical measures taken to implement the Plan, in particular to enable men and women with family responsibilities to work, or for those who wish to work, to exercise their right to do so without conflict between their work and family responsibilities, and the results achieved.

Article 4. Leave entitlements. Recalling the importance of gathering information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention, the Committee encourages the Government to take the necessary steps to compile statistics, disaggregated by sex, on the extent to which employees with family responsibilities make use of the leave entitlements and reduced working hours, including under sections 77 and 91–100 of the Labour Code.

Maternity leave. The Committee recalls that the father of a child is entitled to “maternity” leave (three months after childbirth) under sections 94(3) and 94a(1) and (2) of the Labour Code only if the mother dies, abandons a child, or is prevented from caring for the child due to other justified reasons, or if she is unemployed (section 94(5) and 94a(4)). It takes due note of the Government’s indication that the right to “maternity” leave is primarily provided to women with the aim of facilitating their physical recovery from childbirth and that, after the three months, pursuant to section 94(4) and (6), it is for the parents to decide who will use the remaining leave for nursing a child (nine months). The Committee asks the Government to provide statistics, disaggregated by sex, on the number of employees who make use of the entitlements relating to “maternity” leave, and the entitlements relating to leave for nursing a child, of the Labour Code.

Article 5. Childcare and family services and facilities. Noting that the Government’s report does not contain any information in reply to its previous comments concerning measures taken or envisaged to assist workers with family responsibilities with childcare and family services and facilities, the Committee once again asks the Government to provide information on: (i) the number and nature of community childcare and family services and facilities available to men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities who avail themselves of childcare and family services, disaggregated by sex.

Article 6. Information and education. Noting that the Government’s report does not contain any information in reply to its previous comments, the Committee once again asks the Government to indicate the authorities and bodies responsible for the promotion of information and education on equality between men and women workers and workers with family responsibilities, and to provide specific information on the action taken to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities.

Article 7. Integration in the labour market. The Committee previously asked the Government to indicate the extent to which workers with family responsibilities benefit from the programmes for additional education and training or from any measures taken under the National Employment Strategy 2011–20 (No. 37/11). It had also asked the Government to provide statistics on the number of employees who have returned to work after taking “maternity” leave or leave for childcare. In its report, the Government indicates that, in the context of the National Employment Strategy and National Action Plan for Employment for 2015 (No. 101/14 and 54/15), women’s employment is promoted through equal opportunity policies and measures. According to the National Employment Service, the active employment policy measures in 2015 targeted 150,953 unemployed persons, of which 79,631 or 52.75 per cent were women, and 5,013 of them were involved in education and training programs. However, workers with family responsibilities were not beneficiaries of education and training programmes or any other active employment policies. With regard to statistics relating to employees who have returned to work after taking “maternity” leave or leave for childcare, the Government indicates that no data exist as the employer has no obligation to provide such information to the Ministry of Labour. Taking due note of the information provided by the Government, the Committee wishes to recall the importance of gathering statistical information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention. Consequently, the Committee encourages the Government to indicate the extent to which workers with family responsibilities, particularly women, benefit in practice from the programmes for additional education and training, or from any measures taken under the National Employment Strategy (2011–20). It also invites the Government to consider, jointly with the social partners, how it can gather statistical information on the number of employees who return to work after taking “maternity” leave or leave for childcare.

Article 9. Collective agreements. The Committee recalls that it had asked the Government to provide information on the practical application of the provisions in the special collective agreements (at the company level) aimed at assisting workers in reconciling their work and family responsibilities. The Government indicates in its report that, in accordance with the Law on Amendments to the Labour Law (Law No. 75/14), which entered into force on 29 July 2014, all collective agreements ceased to have effect on 29 January 2015. It also indicates that most of the new collective agreements regulate paid leave in specific situations, including childbirth, adoption of a child, serious illness of a close family member, or unpaid leave, including care for a sick family member. In addition, some collective agreements provide that an employed pregnant woman, an employed parent with a child under 3 years of age, or a self-supporting parent with a child not older than 7 years of age or with a child with a serious disability, may work overtime and/or at night only with their consent in writing. The Government also indicates that collective agreements concluded at the company level do not need to be registered with the Ministry of Labour, Employment, Veteran and Social Policy and, therefore, no data exist. The Committee asks the Government to provide samples of collective agreements, which contain equality provisions that could assist workers in reconciling their work and family responsibilities, as well as information on cases dealt with by the labour inspectorate and/or judiciary related to the practical application of those provisions.

Article 11. Cooperation with employers’ and workers’ organizations. Noting that the Government has not provided information on the specific measures taken, including by the Social-economic Council, to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, the Committee reiterates its request to the Government to provide such information. It also asks the Government to provide information on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures.

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

Article 3 of the Convention. National policy. The Committee notes the adoption of the Law on Gender Equality of 2009 (Official Gazette 104/09), and the Government’s indication in this regard that absence from work due to pregnancy and parenthood must not hinder selection for a higher position, professional developments, nor become the ground for demotion or termination of the labour contract. It also notes the Government’s indication that there is no data from courts or other competent public authorities on actions undertaken in respect of violation of section 18 of the Labour Law or section 8 of the Law on Employment and Unemployment Insurance. The Committee asks the Government to provide information on the practical application of the Law on Gender Equality of 2009 with respect to promoting a sharing of family responsibilities between men and women, as well as a copy of this law. It also asks the Government to continue to provide information on any cases involving infringements of section 18 of the Labour Law, or section 8 of the Law on Employment and Unemployment Insurance, dealt with by the courts or the competent administrative authorities, including termination disputes concerning workers with family responsibilities.

Article 4. Leave entitlements. The Committee recalls sections 91–100 of the Labour Code, which provide for leave entitlements and reduced working time, and notes that an employee is also entitled to paid leave for a total duration of seven working days in a calendar year in the event of serious illness of a member of his/her immediate family (section 77 of the Labour Code). While noting the Government’s indication that the Government does not have any data on the practical implementation of the provisions concerning leave entitlements and reduced working time, the Committee also notes that section 9 of the “Rulebook on terms, conditions, procedure and manner for generating rights for absence from work for child special nursing purposes” provides that the right for absence from work or part time work shall be established by the competent authority based on the request. The Committee encourages the Government to take steps to compile statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements and reduced working time under sections 77 and 91–100 of the Labour Code, respectively, with a view to enabling workers to reconcile work and family responsibilities.

The Committee notes that an employed woman has the right to take maternity leave (leave for pregnancy and childbirth), as well as leave for childcare, for the total length of 365 days (section 94(1), (3), and (4) of the Labour Code); and that an employed woman is entitled to take maternity leave for a total duration of two years for a third and any subsequent child, or when she gives birth to three or more children from her first pregnancy, as well as when she gives birth to one, two, or three children, and gives birth to two or more children in the subsequent delivery (section 94a(1) and (2) of the Labour Code). During the period of maternity leave (until three months after the childbirth) provided for under section 94(3) and section 94a(1) and (2) of the Labour Code, a father may use the right to leave with wage compensation. However, such right is limited to cases when a mother deserts the child, dies or is prevented from caring for the child due to other justified reasons, including serving a prison sentence, or being severely ill (section 94(5) and 94a(4) of the Labour Code, respectively). While welcoming these provisions, the Committee draws the Government’s attention to the fact that when legislation reflects the assumption that the main responsibility for family care and the household lies with women, it reinforces stereotypical attitudes regarding the roles of men and women and existing gender inequality. The Committee considers that the measures to assist workers with family responsibilities should be made available to men and women equally (General Survey on fundamental Conventions, 2012, paragraph 786). The Committee asks the Government to indicate any measures taken or envisaged to ensure that such entitlements are available to men and women on an equal footing.

Article 5. Childcare and family services and facilities. The Committee notes the statistical data provided by the Government concerning the number of children who were enrolled in pre-school institutions, including nursery school (up to 3 years of age) and kindergarten (3–6 years of age) in the year 2009. According to the statistics, there were 8,346 children enrolled over capacity, and 13,791 children not enrolled due to full capacity of the pre-school institutions. The Committee asks the Government to provide further information on any measures taken or envisaged to provide adequate childcare and family services and facilities, indicating the progress made in extending coverage of care services and facilities for children, as well as the results achieved thereof. The Committee also requests the Government to provide information on the number and nature of services and facilities that exist to assist workers with family responsibilities regarding other dependent members of their family.

Article 6. Information and education. The Committee recalls that this Article requires the competent authorities and bodies to take appropriate measures to promote information and education engendering broader public understanding of equality of men and women workers and the problems of workers with family responsibilities, as well as a climate of opinion conducive to overcoming them. The Committee once again requests the Government to indicate any activities of the Council for Gender Equality to promote broader public understanding of the principle of gender equality and work and family issues, as well as the need to address the problems that workers with family responsibilities face.

Article 7. Integration in the labour market. The Committee notes the Government’s indication that the National Employment Strategy for 2005–10 and the National Employment Action Plans for 2009–10 provided for measures to support gender equality in employment. It also notes the statistics provided by the Government, according to which in 2009 women made up 56.9 per cent of those having participated in programmes for additional education and training. However, it is not clear whether the programmes for additional education and training are specifically aiming at enabling male and female workers with family responsibilities to become, and remain, integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities. The Committee asks the Government to indicate the extent to which workers with family responsibilities, particularly women, benefit in practice from the programmes for additional education and training, or from any measures taken under the National Employment Strategy or the National Employment Action Plans. It also asks the Government to provide statistical information on the number of employees who return to work after taking maternity leave or leave for childcare.

Article 9. Application of the Convention by collective agreements. The Committee notes the information provided by the Government concerning special collective agreements in a number of sectors. It notes with interest that special collective agreements for state authorities, for police officers, and for local self-government and territorial authorities provide for leave to take care of immediate family members; special collective agreements for primary and secondary schools and higher education, for police officers, cultural and student standard institutions, and local self-government and territorial authorities provide for protection against dismissal both for male and female workers with family responsibilities. The Committee also notes that special collective agreements for agricultural, food, tobacco industry and waterway industries restrict the access of a female worker with family responsibilities to the higher risk category of jobs; special collective agreements for public cultural institutions prohibit the transfer of a female worker with family responsibilities to another workplace without her consent; special collective agreements for public health institutions prohibit reassignment of a female worker with family responsibilities to another position without her consent. The Committee asks the Government to provide information on the measures taken, with the cooperation of workers’ and employers’ organizations, to ensure that the protection from certain jobs, or limitation on transfer or reassignment, is available for both men and women on an equal footing. It also asks the Government to provide information on the practical application of the provisions in the special collective agreements aimed at assisting workers in reconciling their work and family responsibilities, including any obstacles encountered.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the Social-economic Council provided its comments on the laws and policies with regard to equal treatment of men and women and prohibition of discrimination based on family obligations. The Committee requests the Government to provide information on the specific manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of laws, measures and policies giving effect to the Convention, including in the context of the Social-economic Council, and the adoption and implementation of workplace policies on work and family reconciliation.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the Government’s first report on the application of the Convention. It notes in particular the various provisions of the Labour Law and the Law on Employment and Unemployment Insurance which provide legal protection from discrimination on the ground of family responsibilities and for leave entitlements to care for children and persons with certain disabilities or severe illnesses. In order to enable the Committee to make a full assessment of the application of the Convention in law and practice, it requests the Government to provide additional information on the matters set out below.

2. Article 3 of the Convention. National policy on workers with family responsibilities as a means to promote gender equality. Recalling that one of the objectives of the Convention is creating effective equality of opportunity and treatment for men and women workers, the Committee notes the Government’s indication that legislation on gender equality is under preparation. The Committee requests the Government to indicate the measures taken to ensure that the new legislation promotes the application of the Convention.

3. Discrimination on the basis of family responsibilities. Noting section 18 of the Labour Law and section 8 of the Law on Employment and Unemployment Insurance, both prohibiting discrimination on the basis of family responsibilities, the Committee requests the Government to indicate whether the courts or the competent administrative authorities have dealt with any cases involving infringements of these provisions.

4. Article 4. Terms and conditions of employment. The Committee requests the Government to provide information on the practical application of the provisions of the Labour Law providing for leave entitlements or the possibility of reduced working time for workers with family responsibilities (articles 91 to 94, 96, 97 and 100), including statistical or other information indicating the extent to which men and women workers make use of these entitlements. Please also provide a copy of the regulations referred to in section 96 of the Labour Law concerning the granting of special childcare leave, as soon as they are adopted.

5. Article 5. Community planning and services. Please provide further information on the number, nature and capacity of community childcare and family services and facilities.

6. Article 6. Awareness raising and education. Noting the Government’s explanations concerning the mandate of the Council for Gender Equality, the Committee requests the Government to indicate any activities of the Council to promote broader public understanding of the principle of gender equality and work and family issues, as well as the need to address the problems that workers with family responsibilities face. The Committee also asks the Government to indicate whether any measures are being taken to encourage the sharing of family responsibilities between men and women, as recommended in Paragraph 11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).

7. Article 7. Measures to enable workers with family responsibilities to enter, re-enter and remain integrated in the workforce. The Committee requests the Government to indicate the extent to which workers with family responsibilities, particularly women, benefit in practice from the measures available under the Law on Employment and Unemployment Insurance, such as further training or professional guidance.

8. Article 9. Collective agreements. The Committee requests the Government to provide information on the manner in which collective agreements deal with issues relating to the application of the Convention. In this regard, the Committee would appreciate receiving information on any collective agreements that provide for measures assisting men and women workers to combine work and family responsibilities.

9. Article 11. Participation of workers’ and employers’ organizations. Please provide information on any initiatives taken by the Economic and Social Council with a view to devising and applying measures to give effect to the provisions of the Convention.