Workers with Family Responsibilities Convention, 1981 (No. 156) - Ethiopia (Ratification: 1991)

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

Article 3. National policy. The Committee notes the Government’s general indication that it has taken note of its comments regarding equality of opportunity and treatment of workers with family responsibilities and that these comments will be duly considered in any future policies or programmes. The Committee reiterates its request to the Government to take steps to address the issue of equality for workers with family responsibilities in the framework of a national policy. The Committee urges once again the Government to take specific steps to ensure that any policies or programmes adopted to give effect to the Convention apply to men as well as to women with family responsibilities on an equal footing, and reiterates its request for information on any progress made in this regard.

Article 4. Leave entitlements. The Committee notes the Government’s indication that in addition to the existing entitlements under the Labour Proclamation No. 377/2003, it is envisaged in the ongoing process of amending the Labour Proclamation to make provision for paternity leave. The Government also indicates that, to the extent possible, every effort will be made to further intensify the protective measures for workers with family responsibilities. The Committee requests the Government to provide information on the content and coverage of the relevant draft provisions to amend the Labour Proclamation to provide for paternity leave, and hopes that they will be adopted in the near future.

Article 5. Childcare and family services and facilities. The Committee notes that the Government generally indicates that provisions explicitly encouraging the development of childcare and family services will be included in the revised Labour Proclamation. Recalling that workers with family responsibilities need help to deal with the issue of childcare, the Committee requests the Government to supply information on existing community structures to support workers with family responsibilities, such as childcare facilities and services, whether public or private, including information on their number, their capacity, etc. It also requests the Government to provide information on the content and coverage of the relevant draft provisions to amend the Labour Proclamation to which it referred in its report, and hopes that they will be adopted in the near future.

Article 6. Information and education. The Committee notes that the Government reiterates that the social partners are provided with training programmes covering labour rights and practices, and that various public awareness programmes are being conducted focusing on the general public. The Committee requests once again the Government to provide specific information on any training and awareness-raising activities undertaken to specifically promote information and understanding of the principle of equality of opportunity and treatment, and of the problems faced by workers with family responsibilities. It also asked the Government to give examples of activities carried out among the social partners, workers, employers, and the general public.

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

Article 2 of the Convention. Scope. Legislation. The Committee notes with regret that, since 1995, it has been requesting the Government to provide information on the manner in which the Convention is applied to workers excluded from the scope of the Labour Proclamation No. 377/2003 (and previously No. 42/1993), as amended, other than those covered by the Federal Civil Servants Proclamation No. 515/2007 (that is, workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training, other than as apprentices; for those holding managerial posts in undertakings; for personal service for non-profit-making purposes; for members of the armed forces or the police force, employees of the state administration, judges and prosecutors for self-employment under a contract of service). Recalling that the Convention applies to all branches of economic activity and all categories of workers and in the absence of a reply in the Government’s report, the Committee asks once again the Government to provide more detailed information on all regulations or specialized legislation providing protection, at least equivalent to that afforded under the Convention, to the categories of workers excluded from the application of the Labour Proclamation No. 377/2003.

The Committee is raising other matters in a request address directly to the Government.

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

Article 1 of the Convention. With regard to defining “dependent child” and “other members of the immediate family who clearly need [the worker’s] care or support”, the Committee notes that section 198 of the Revised Family Code Proclamation No. 213 of 2000 provides that the maintenance obligation exists between ascendants and descendants, and between persons related by affinity in the direct line, as well as between brothers and sisters.

Article 2. The Committee previously asked the Government to provide an explanation regarding the workers excluded from the scope of the Labour Proclamation No. 377/2003, and on the manner in which the Convention is applied to them. The Committee notes that under Proclamation No. 494/2006, an amendment was made to section 3(2)(c), specifying the exclusion of the head of legal services who recommend measures to be taken by the employer regarding certain managerial matters. However, the Committee also notes that otherwise the same categories of workers are still excluded under section 3(2)(a)–(f): notably workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; or for the purpose of educating or training other than as apprentice; contracts relating to persons holding major managerial posts in undertakings; contracts for personal service for non-profit-making purposes; and contracts relating to members of the armed forces or the police force, employees of the state administration, judges and prosecutors; and contracts relating to a person who performs an act, for consideration, at his own business or professional responsibility. The Committee recalls that some of these categories of workers are regulated by specialized legislation, such as the Federal Civil Servants Proclamation No. 515/2007. The Committee asks the Government to provide more detailed information on all regulations or specialized legislation, other than the Federal Civil Servants Proclamation No. 515/2007, providing protection at least equivalent to that afforded under the Convention to the categories of workers excluded from the application of the Labour Proclamation No. 377/2003, as amended by the Labour (Amendment) Proclamation No. 494/2006.

Article 3. The Committee recalls that protection against discrimination under section 14(1)(f) of Labour Proclamation No. 377/2003 is provided on the grounds of nationality, sex, religion, political outlook or “any other conditions”. The Committee notes the Government’s general indication that there are various sectoral policies which directly or indirectly address the prohibition of discrimination on any basis. The Committee recalls that Article 3 of the Convention refers to the need to include among the aims of national policy that of 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. The Committee asks the Government to take steps to address issues of workers with family responsibilities in national policy. The Committee also, once again, draws the Government’s attention to the need to ensure that any policies or programmes adopted to give effect to the Convention apply to men as well as to women with family responsibilities on an equal footing, and urges the Government to take specific steps to this end and to provide information on the progress made in this regard.

Article 4. Leave entitlements. The Committee recalls section 88 (maternity leave) and section 81 (leave with pay in the case of marriage or death of a family member) of the Labour Proclamation No. 377/2003, as well as section 41(1)–(5) (maternity leave) and section 41(6) (paternity leave) of the Federal Civil Servants Proclamation No. 515/2007. Referring to paragraphs 17–23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), the Committee asks the Government to intensify its efforts in taking specific measures to enable workers with family responsibilities to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security. The Committee again urges the Government to supply copies of sample collective agreements containing provisions concerning equal opportunity and treatment in employment for all workers with family responsibilities.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that there is no plan to undertake surveys to identify and take appropriate measures as to specific needs of workers with family responsibilities in community planning, and the development of childcare and family services and facilities. The Committee asks the Government to provide information on any measures taken or envisaged to provide adequate childcare and family services and facilities, indicating the progress made in extending the coverage.

Article 6. Information and education. The Committee notes the Government’s indication that the social partners are provided with appropriate training, and that various public awareness programmes on the principle of the Convention are being carried out. The Committee asks the Government to provide detailed information on the training and awareness raising activities undertaken to promote information and understanding among the social partners, especially in the context of collective bargaining, and of the general public, of the principle of equality of opportunity and treatment, and of the problems faced by workers with family responsibilities.

Article 7. Integration in the labour force. The Committee notes the Government’s indication that vocational guidance and training is dealt with by collective agreements. Please provide a copy of the collective agreements concerning vocational guidance and training for workers with family responsibilities. The Committee also asks the Government to provide information on the measures taken or envisaged in the field of vocational guidance and training to enable 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.

Article 8. Protection against dismissal. The Committee recalls that pursuant to section 26(2)(d) of the Labour Proclamation No. 377/2003, marital status, family responsibility and pregnancy shall not be considered legitimate grounds for termination of an employment contract. The Committee asks the Government to provide information on any judicial or administrative decisions addressing section 26(2)(d) of Labour Proclamation No. 377/2003.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. The Committee reiterates its request to the Government to provide information on the measures taken or contemplated by the tripartite advisory board to promote the application of the provisions of the Convention, including giving a definition of the terms “dependant child” and “other members of the immediate family who clearly need [the worker’s] care or support”.

Article 2. The Committee has been requesting the Government for a number of years to provide an explanation regarding the workers excluded from the scope of Labour Proclamation No. 42/1993 and on the manner in which the Convention is applied to them. The Committee notes that, under the new Labour Proclamation No. 377/2003, the same categories of workers are excluded, notably workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training other than as apprentice; contracts relating to persons holding major managerial posts in undertakings; contracts for personal service for non-profit-making purposes; and contracts relating to members of the armed forces or the police force, employees of the state administration and judges, for self-employment under a contract for services; and, if so regulated, for employment in religious or charitable organizations (section 3(2)(a) to (f)). The Committee notes that some of these categories of workers are regulated by specialized legislation, such as the Civil Servants Proclamation No. 515/2006. The Committee requests the Government to provide more detailed information on all regulations or specialized legislation providing protection at least equivalent to that afforded under the Convention to the categories of workers excluded from the application of the Labour Proclamation No. 377/2003 and the Civil Servants Proclamation No. 515/2006.

Article 3. The Committee notes that section 14(1)(f) of Labour Proclamation No. 377/2003 provides that it shall be unlawful for an employer to discriminate between workers on the basis of nationality, sex, religion, political outlook or “any other conditions”, and that pursuant to section 26(2)(d), marital status, family responsibilities and pregnancy shall not be considered legitimate grounds for termination of an employment contract. The Committee further notes that the Government’s report does not contain any information on any measures taken to make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to be engaged 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. The Committee asks the Government to provide information on any measures taken to address issues of workers with family responsibilities in national policy. The Committee also, once again, draws the Government’s attention to the need to ensure that any policies or programmes adopted to give effect to the Convention apply to men as well as to women with family responsibilities, and urges the Government to take specific steps to this end and to provide information on the progress in this regard.

Article 4. The Committee notes that the Government’s report refers to the provisions in the Labour Proclamation No. 377/2003 and the Civil Servants Proclamation No. 515/2006 relating to maternity leave and leave with pay in the case of marriage, or death of a family member. It also notes that pursuant to section 41(6) of the Civil Servants Proclamation No. 515/2006, male civil servants are entitled to five days of paternity leave with pay at the time of their wives’ delivery. The Committee recalls that Article 4 requires the Government to take specific measures, compatible with national conditions and possibilities, to enable all persons with family responsibilities to exercise their right to free choice of employment, and to take account of their specific needs in terms and conditions of employment and in social security. The Committee urges the Government to provide information on any current or planned programmes to enable workers with family responsibilities to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security, and refers the Government to paragraphs 17–23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which provide relevant examples. Referring also to its previous comments regarding article 42 of the 1994 Constitution, establishing that certain categories of workers have the right to bargain collectively with their employers in accordance with procedures established by law, the Committee also urges the Government to supply copies of sample collective agreements containing provisions concerning equal opportunity and treatment in employment for all workers with family responsibilities.

Article 5. The Committee notes the Government’s statement that under the Labour Proclamation, social services should be dealt with in collective agreements and that, therefore, various factories are providing childcare and family services (e.g. sugar and cement factories and large-scale agricultural enterprises). The Committee asks the Government to provide copies of collective agreements providing for childcare and family services assisting workers with family responsibilities, and to provide further details on the type of services provided in the sugar and cement factories and large-scale agricultural enterprises and the number of women and men using such services. The Committee requests the Government to indicate the prospects for undertaking any survey in the near future as to the specific needs of workers with family responsibilities in community planning, and the development of childcare and family services, with a view to identifying and taking appropriate measures to this end, as required under Article 5 of the Convention.

Article 6. The Committee requests the Government to provide information on the actual measures taken to promote information and understanding among the social partners, especially in the context of collective bargaining, and of the general public, of the requirements and principles of the Convention, of the principle of equality of opportunity and treatment, and of the problems faced by workers with family responsibilities.

Article 7. The Committee notes the Government’s statement that the granting of education and training leave may be determined in collective agreements. The Committee requests the Government to provide copies of any collective agreements including provisions ensuring that workers with family responsibilities can benefit from educational and training leave on an equal footing with other workers. The Committee also requests the Government to provide information on any other measures taken in the field of vocational guidance and training to enable 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.

Article 8. The Committee requests the Government to continue to provide information on any judicial or administrative decisions interpreting section 26(2)(d) of Labour Proclamation No. 377/2003, and to supply copies of any such decisions.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. The Committee reiterates its request to the Government to provide information on the measures taken or contemplated by the tripartite advisory board to promote the application of the provisions of the Convention, including giving a definition of the terms “dependant child” and “other members of the immediate family who clearly need [the worker’s] care or support”.

Article 2. The Committee has been requesting the Government for a number of years to provide an explanation regarding the workers excluded from the scope of Labour Proclamation No. 42/1993 and on the manner in which the Convention is applied to them. The Committee notes that, under the new Labour Proclamation No. 377/2003, the same categories of workers are excluded, notably workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training other than as apprentice; contracts relating to persons holding major managerial posts in undertakings; contracts for personal service for non-profit-making purposes; and contracts relating to members of the armed forces or the police force, employees of the state administration and judges, for self-employment under a contract for services; and, if so regulated, for employment in religious or charitable organizations (section 3(2)(a) to (f)). The Committee notes that some of these categories of workers are regulated by specialized legislation, such as the Civil Servants Proclamation No. 515/2006. The Committee requests the Government to provide more detailed information on all regulations or specialized legislation providing protection at least equivalent to that afforded under the Convention to the categories of workers excluded from the application of the Labour Proclamation No. 377/2003 and the Civil Servants Proclamation No. 515/2006.

Article 3. The Committee notes that section 14(1)(f) of Labour Proclamation No. 377/2003 provides that it shall be unlawful for an employer to discriminate between workers on the basis of nationality, sex, religion, political outlook or “any other conditions”, and that pursuant to section 26(2)(d), marital status, family responsibilities and pregnancy shall not be considered legitimate grounds for termination of an employment contract. The Committee further notes that the Government’s report does not contain any information on any measures taken to make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to be engaged 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. The Committee asks the Government to provide information on any measures taken to address issues of workers with family responsibilities in national policy. The Committee also, once again, draws the Government’s attention to the need to ensure that any policies or programmes adopted to give effect to the Convention apply to men as well as to women with family responsibilities, and urges the Government to take specific steps to this end and to provide information on the progress in this regard.

Article 4. The Committee notes that the Government’s report refers to the provisions in the Labour Proclamation No. 377/2003 and the Civil Servants Proclamation No. 515/2006 relating to maternity leave and leave with pay in the case of marriage, or death of a family member. It also notes that pursuant to section 41(6) of the Civil Servants Proclamation No. 515/2006, male civil servants are entitled to five days of paternity leave with pay at the time of their wives’ delivery. The Committee recalls that Article 4 requires the Government to take specific measures, compatible with national conditions and possibilities, to enable all persons with family responsibilities to exercise their right to free choice of employment, and to take account of their specific needs in terms and conditions of employment and in social security. The Committee urges the Government to provide information on any current or planned programmes to enable workers with family responsibilities to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security, and refers the Government to paragraphs 17–23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which provide relevant examples. Referring also to its previous comments regarding article 42 of the 1994 Constitution, establishing that certain categories of workers have the right to bargain collectively with their employers in accordance with procedures established by law, the Committee also urges the Government to supply copies of sample collective agreements containing provisions concerning equal opportunity and treatment in employment for all workers with family responsibilities.

Article 5. The Committee notes the Government’s statement that under the Labour Proclamation, social services should be dealt with in collective agreements and that, therefore, various factories are providing childcare and family services (e.g. sugar and cement factories and large-scale agricultural enterprises). The Committee asks the Government to provide copies of collective agreements providing for childcare and family services assisting workers with family responsibilities, and to provide further details on the type of services provided in the sugar and cement factories and large-scale agricultural enterprises and the number of women and men using such services. The Committee requests the Government to indicate the prospects for undertaking any survey in the near future as to the specific needs of workers with family responsibilities in community planning, and the development of childcare and family services, with a view to identifying and taking appropriate measures to this end, as required under Article 5 of the Convention.

Article 6. The Committee requests the Government to provide information on the actual measures taken to promote information and understanding among the social partners, especially in the context of collective bargaining, and of the general public, of the requirements and principles of the Convention, of the principle of equality of opportunity and treatment, and of the problems faced by workers with family responsibilities.

Article 7. The Committee notes the Government’s statement that the granting of education and training leave may be determined in collective agreements. The Committee requests the Government to provide copies of any collective agreements including provisions ensuring that workers with family responsibilities can benefit from educational and training leave on an equal footing with other workers. The Committee also requests the Government to provide information on any other measures taken in the field of vocational guidance and training to enable 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.

Article 8. The Committee requests the Government to continue to provide information on any judicial or administrative decisions interpreting section 26(2)(d) of Labour Proclamation No. 377/2003, and to supply copies of any such decisions.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee notes from the report that the tripartite Advisory Board, whose functions include devising and applying measures to give effect to the provisions of the Convention, has not yet addressed the definition of the term “dependent child”. The Committee requests the Government to provide information in its next report on the measures taken or contemplated by the Board to promote application of the provisions of the Convention, including giving a definition of the terms “dependent child” and “other members of the immediate family who clearly need [the worker’s] care or support”.

Article 2. The Committee has been requesting the Government for a number of years to provide an explanation on the workers excluded from the scope of Labour Proclamation No. 42/1993 pursuant to section 3(2)(a)–(f) of the Proclamation (that is, workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training, other than as apprentices; for those holding managerial posts in undertakings; for personal service for non-profit; employees of the state administration; for self-employment under a contract of service; and, if so regulated, for employment in religious or charitable organizations), and the manner in which the Convention is applied to them. Noting the Government’s comments with regard to homeworkers (one of the categories covered by section 3(2)), the Committee would be grateful if the Government would provide information regarding any directives issued concerning this category of workers. Please indicate the measures taken to ensure that all those excluded from the application of the Labour Proclamation are enabled to reconcile their work and family responsibilities to the extent possible.

Article 3. The Committee notes from the report that the National Employment Policy, which is expected to incorporate provisions that give protection to women workers with family responsibilities, has not yet been approved. In this regard, the Committee once again draws the Government’s attention to the need to ensure that any policies or programmes adopted to give effect to the Convention apply to men as well as to women with family responsibilities.

Article 4. Referring to its previous comments regarding article 42 of the 1994 Constitution establishing that certain categories of workers – “factory and service workers, peasant farmers, farm labourers, other rural workers and government employees under a certain level of responsibility” – have the right to bargain collectively with their employers in accordance with procedures established by law, the Committee once again asks the Government to supply copies of sample collective agreements containing provisions concerning equal opportunity and treatment in employment for all workers with family responsibilities, as well as information on any current or planned programmes to enable these workers to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security.

Article 5. The Committee notes that, due to financial constraints, the Children, Youth and Family Welfare Organization has been unable to carry out a planned national survey to collect information on the situation of dependent children with insufficient family support. The Committee again requests the Government to indicate the prospects for undertaking such a survey in the near future and asks the Government to indicate any other measures taken or contemplated to give effect to this Article of the Convention.

Article 6. The Committee notes from the report that it may consider making a request in the future for ILO assistance to enable it to undertake an educational campaign to promote the aims of the Convention within the context of measures to implement the 1986 General Education and Training Policy.

Article 8. The Committee notes the Government’s statement that no cases of termination due to family responsibilities were brought before the labour courts during the reporting period. The Committee requests the Government to keep it informed of any judicial or administrative decisions interpreting section 26(2)(d) of Labour Proclamation No. 42/1993 and to supply copies of any such decisions.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes from the report that the tripartite Advisory Board, whose functions include devising and applying measures to give effect to the provisions of the Convention, has not yet addressed the definition of the term “dependent child”. The Committee requests the Government to provide information in its next report on the measures taken or contemplated by the Board to promote application of the provisions of the Convention, including giving a definition of the terms “dependent child” and “other members of the immediate family who clearly need [the worker’s] care or support”.

2. Article 2. The Committee has been requesting the Government for a number of years to provide an explanation on the workers excluded from the scope of Labour Proclamation No. 42/1993 pursuant to section 3(2)(a) to (f) of the Proclamation (that is, workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training, other than as apprentices; for those holding managerial posts in undertakings; for personal service for non-profit; employees of the state administration; for self-employment under a contract of service; and, if so regulated, for employment in religious or charitable organizations), and the manner in which the Convention is applied to them. Noting the Government’s comments with regard to home workers (one of the categories covered by section 3(2)), the Committee would be grateful if the Government would provide information regarding any directives issued concerning this category of workers. Please indicate the measures taken to ensure that all those excluded from the application of the Labour Proclamation are enabled to reconcile their work and family responsibilities to the extent possible.

3. Article 3. The Committee notes from the report that the National Employment Policy, which is expected to incorporate provisions that give protection to women workers with family responsibilities, has not yet been approved. In this regard, the Committee once again draws the Government’s attention to the need to ensure that any policies or programmes adopted to give effect to the Convention apply to men as well as to women with family responsibilities.

4. Article 4. Referring to its previous comments regarding article 42 of the 1994 Constitution establishing that certain categories of workers – “factory and service workers, peasant farmers, farm labourers, other rural workers and government employees under a certain level of responsibility” – have the right to bargain collectively with their employers in accordance with procedures established by law, the Committee once again asks the Government to supply copies of sample collective agreements containing provisions concerning equal opportunity and treatment in employment for all workers with family responsibilities, as well as information on any current or planned programmes to enable these workers to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security.

5. Article 5. The Committee notes that, due to financial constraints, the Children, Youth and Family Welfare Organization has been unable to carry out a planned national survey to collect information on the situation of dependent children with insufficient family support. The Committee again requests the Government to indicate the prospects for undertaking such a survey in the near future and asks the Government to indicate any other measures taken or contemplated to give effect to this Article of the Convention.

6. Article 6. The Committee notes from the report that it may consider making a request in the future for ILO assistance to enable it to undertake an educational campaign to promote the aims of the Convention within the context of measures to implement the 1986 General Education and Training Policy.

7. Article 8. The Committee notes the Government’s statement that no cases of termination due to family responsibilities were brought before the labour courts during the reporting period. The Committee requests the Government to keep it informed of any judicial or administrative decisions interpreting section 26(2)(d) of Labour Proclamation No. 42/1993 and to supply copies of any such decisions.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes from the report that the tripartite Advisory Board, whose functions include devising and applying measures to give effect to the provisions of the Convention, has not yet addressed the definition of the term “dependent child”. The Committee requests the Government to provide information in its next report on the measures taken or contemplated by the Board to promote application of the provisions of the Convention, including giving a definition of the terms “dependent child” and “other members of the immediate family who clearly need [the worker’s] care or support”.

2. Article 2. The Committee has been requesting the Government for a number of years to provide an explanation on the workers excluded from the scope of Labour Proclamation No. 42/1993 pursuant to section 3(2)(a) to (f) of the Proclamation (that is, workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training, other than as apprentices; for those holding managerial posts in undertakings; for personal service for non-profit; employees of the state administration; for self-employment under a contract of service; and, if so regulated, for employment in religious or charitable organizations), and the manner in which the Convention is applied to them. Noting the Government’s comments with regard to home workers (one of the categories covered by section 3(2)), the Committee would be grateful if the Government would provide information regarding any directives issued concerning this category of workers. Please indicate the measures taken to ensure that all those excluded from the application of the Labour Proclamation are enabled to reconcile their work and family responsibilities to the extent possible.

3. Article 3. The Committee notes from the report that the National Employment Policy, which is expected to incorporate provisions that give protection to women workers with family responsibilities, has not yet been approved. In this regard, the Committee once again draws the Government’s attention to the need to ensure that any policies or programmes adopted to give effect to the Convention apply to men as well as to women with family responsibilities.

4. Article 4. Referring to its previous comments regarding article 42 of the 1994 Constitution establishing that certain categories of workers – “factory and service workers, peasant farmers, farm labourers, other rural workers and government employees under a certain level of responsibility” – have the right to bargain collectively with their employers in accordance with procedures established by law, the Committee once again asks the Government to supply copies of sample collective agreements containing provisions concerning equal opportunity and treatment in employment for all workers with family responsibilities, as well as information on any current or planned programmes to enable these workers to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security.

5. Article 5. The Committee notes that, due to financial constraints, the Children, Youth and Family Welfare Organization has been unable to carry out a planned national survey to collect information on the situation of dependent children with insufficient family support. The Committee again requests the Government to indicate the prospects for undertaking such a survey in the near future and asks the Government to indicate any other measures taken or contemplated to give effect to this Article of the Convention.

6. Article 6. The Committee notes from the report that it may consider making a request in the future for ILO assistance to enable it to undertake an educational campaign to promote the aims of the Convention within the context of measures to implement the 1986 General Education and Training Policy.

7. Article 8. The Committee notes the Government’s statement that no cases of termination due to family responsibilities were brought before the labour courts during the reporting period. The Committee requests the Government to keep it informed of any judicial or administrative decisions interpreting section 26(2)(d) of Labour Proclamation No. 42/1993 and to supply copies of any such decisions.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes from the report that the tripartite Advisory Board, whose functions include devising and applying measures to give effect to the provisions of the Convention, has not yet addressed the definition of the term “dependent child”. The Committee requests the Government to provide information in its next report on the measures taken or contemplated by the Board to promote application of the provisions of the Convention, including giving a definition of the terms “dependent child” and “other members of the immediate family who clearly need [the worker’s] care or support”.

2. Article 2. The Committee has been requesting the Government for a number of years to provide an explanation on the workers excluded from the scope of Labour Proclamation No. 42/1993 pursuant to section 3(2)(a) to (f) of the Proclamation (that is, workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training, other than as apprentices; for those holding managerial posts in undertakings; for personal service for non-profit; employees of the state administration; for self-employment under a contract of service; and, if so regulated, for employment in religious or charitable organizations), and the manner in which the Convention is applied to them. Noting the Government’s comments with regard to home workers (one of the categories covered by section 3(2)), the Committee would be grateful if the Government would provide information regarding any directives issued concerning this category of workers. Please indicate the measures taken to ensure that all those excluded from the application of the Labour Proclamation are enabled to reconcile their work and family responsibilities to the extent possible.

3. Article 3. The Committee notes from the report that the National Employment Policy, which is expected to incorporate provisions that give protection to women workers with family responsibilities, has not yet been approved. In this regard, the Committee once again draws the Government’s attention to the need to ensure that any policies or programmes adopted to give effect to the Convention apply to men as well as to women with family responsibilities.

4. Article 4. Referring to its previous comments regarding article 42 of the 1994 Constitution establishing that certain categories of workers – “factory and service workers, peasant farmers, farm labourers, other rural workers and government employees under a certain level of responsibility” – have the right to bargain collectively with their employers in accordance with procedures established by law, the Committee once again asks the Government to supply copies of sample collective agreements containing provisions concerning equal opportunity and treatment in employment for all workers with family responsibilities, as well as information on any current or planned programmes to enable these workers to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security.

5. Article 5. The Committee notes that, due to financial constraints, the Children, Youth and Family Welfare Organization has been unable to carry out a planned national survey to collect information on the situation of dependent children with insufficient family support. The Committee again requests the Government to indicate the prospects for undertaking such a survey in the near future and asks the Government to indicate any other measures taken or contemplated to give effect to this Article of the Convention.

6. Article 6. The Committee notes from the report that it may consider making a request in the future for ILO assistance to enable it to undertake an educational campaign to promote the aims of the Convention within the context of measures to implement the 1986 General Education and Training Policy.

7. Article 8. The Committee notes the Government’s statement that no cases of termination due to family responsibilities were brought before the labour courts during the reporting period. The Committee requests the Government to keep it informed of any judicial or administrative decisions interpreting section 26(2)(d) of Labour Proclamation No. 42/1993 and to supply copies of any such decisions.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report.

1. Article 1 of the Convention. The Committee notes from the report that the tripartite Advisory Board, whose functions include devising and applying measures to give effect to the provisions of the Convention, has not yet addressed the definition of the term "dependent child". The Committee requests the Government to provide information in its next report on the measures taken or contemplated by the Board to promote application of the provisions of the Convention, including giving a definition of the terms "dependent child" and "other members of the immediate family who clearly need [the worker’s] care or support".

2. Article 2. The Committee has been requesting the Government for a number of years to provide an explanation on the workers excluded from the scope of Labour Proclamation No. 42/1993 pursuant to section 3(2)(a) to (f) of the Proclamation (that is, workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training, other than as apprentices; for those holding managerial posts in undertakings; for personal service for non-profit; employees of the state administration; for self-employment under a contract of service; and, if so regulated, for employment in religious or charitable organizations), and the manner in which the Convention is applied to them. Noting the Government’s comments with regard to home workers (one of the categories covered by section 3(2)), the Committee would be grateful if the Government would provide information regarding any directives issued concerning this category of workers. Please indicate the measures taken to ensure that all those excluded from the application of the Labour Proclamation are enabled to reconcile their work and family responsibilities to the extent possible.

3. Article 3. The Committee notes from the report that the National Employment Policy, which is expected to incorporate provisions that give protection to women workers with family responsibilities, has not yet been approved. In this regard, the Committee once again draws the Government’s attention to the need to ensure that any policies or programmes adopted to give effect to the Convention apply to men as well as to women with family responsibilities.

4. Article 4. Referring to its previous comments regarding article 42 of the 1994 Constitution establishing that certain categories of workers -"factory and service workers, peasant farmers, farm labourers, other rural workers and government employees under a certain level of responsibility"- have the right to bargain collectively with their employers in accordance with procedures established by law, the Committee once again asks the Government to supply copies of sample collective agreements containing provisions concerning equal opportunity and treatment in employment for all workers with family responsibilities, as well as information on any current or planned programmes to enable these workers to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security.

5. Article 5. The Committee notes that, due to financial constraints, the Children, Youth and Family Welfare Organization has been unable to carry out a planned national survey to collect information on the situation of dependent children with insufficient family support. The Committee again requests the Government to indicate the prospects for undertaking such a survey in the near future and asks the Government to indicate any other measures taken or contemplated to give effect to this Article of the Convention.

6. Article 6. The Committee notes from the report that it may consider making a request in the future for ILO assistance to enable it to undertake an educational campaign to promote the aims of the Convention within the context of measures to implement the 1986 General Education and Training Policy.

7. Article 8. The Committee notes the Government’s statement that no cases of termination due to family responsibilities were brought before the labour courts during the reporting period. The Committee requests the Government to keep it informed of any judicial or administrative decisions interpreting section 26(2)(d) of Labour Proclamation No. 42/1993 and to supply copies of any such decisions.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the information supplied by the Government in response to its previous direct request.

1. Article 1 of the Convention. The Committee notes from the report that the term "dependent child" will be defined by a tripartite Advisory Board, whose functions will include devising and applying measures to give effect to the provisions of the Convention. The Committee requests the Government to provide information concerning the establishment of this body and to report in full on any initiatives taken by it to further the implementation of the Convention, including clarification of its scope of application as concerns a "dependent child" and other members of the "immediate family who clearly need care or support".

2. Article 2. Referring to its previous comments, the Committee requests the Government to indicate more precisely the categories of workers excluded from the Labour Proclamation No. 42/1993 under its section 3(2) (that is, workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training, other than as apprentices; for those holding managerial posts in undertakings; for personal service for non-profit; employees of the state administration; for self-employment under a contract of service; and, if so regulated, for employment in religious or charitable organizations). Noting that consideration is being given to the issuance of directives concerning homeworkers (which appears to be one of the categories covered by section 3(2)), the Committee requests the Government to provide copies of any directives so issued as well as copies of any other legislation governing the employment of categories of workers not covered by the provisions of the Labour Proclamation. Noting also that under article 42 of the new Constitution (adopted on 8 December 1994), certain categories of workers -- "factory and service workers, peasant farmers, farm labourers, other rural workers and government employees under a certain level of responsibility" -- have the right to bargain collectively with their employers in accordance with procedures established by law, the Committee requests the Government to provide copies of any special laws or collective agreements governing the employment of such workers.

3. Article 3. The Committee notes that the National Employment Policy, which is expected to incorporate provisions that give protection to women workers with family responsibilities, is still under consideration. The Committee takes this opportunity to recall to the Government the necessity to ensure that any policies or programmes adopted to give effect to the Convention apply equally to men and women with family responsibilities, and not only to women.

4. Article 4. Referring to its previous requests, and noting article 42 of the new Constitution, the Committee hopes that the Government will provide copies of any collective agreements containing provisions for equal opportunity and treatment in employment for all workers with family responsibilities, as well as information on any current or planned programmes to enable these workers to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security.

5. Article 5. The Committee notes that, due to financial constraints, the Children, Youth and Family Welfare Organization was unable to carry out a planned national survey to collect information on the situation of dependent children with insufficient family support. The Committee requests the Government to indicate the prospects for undertaking such a survey in the near future. It also asks the Government whether other measures are being taken in the sphere of community planning to give effect to the Convention.

6. Article 6. The Committee notes the Government's commitment to undertaking educational campaigns to promote a broader public understanding of the principles contained in the Convention. It also appreciates that scarce resources constrain the Government from taking action. While hoping that the Office will be able to provide the Government with some assistance in this regard, the Committee requests the Government to consider whether action to promote the aims of the Convention might also be taken within the context of measures to implement the 1986 General Education and Training Policy which places an emphasis on promoting respect for human rights and welfare, equality, justice and peace, in setting out the general and specific objectives to be attained.

7. Articles 7, 8 and 10 and 11. The Committee hopes that the Government will provide information in its next report on the measures taken to implement these provisions of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in response to its previous direct request.

1. Article 1 of the Convention. The Committee notes from the report that the term "dependent child" will be defined by a tripartite Advisory Board, whose functions will include devising and applying measures to give effect to the provisions of the Convention. The Committee requests the Government to provide information concerning the establishment of this body and to report in full on any initiatives taken by it to further the implementation of the Convention, including clarification of its scope of application as concerns a "dependent child" and other members of the "immediate family who clearly need care or support".

2. Article 2. Referring to its previous comments, the Committee requests the Government to indicate more precisely the categories of workers excluded from the Labour Proclamation No. 42/1993 under its section 3(2) (that is, workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training, other than as apprentices; for those holding managerial posts in undertakings; for personal service for non-profit; employees of the state administration; for self-employment under a contract of service; and, if so regulated, for employment in religious or charitable organizations). Noting that consideration is being given to the issuance of directives concerning homeworkers (which appears to be one of the categories covered by section 3(2)), the Committee requests the Government to provide copies of any directives so issued as well as copies of any other legislation governing the employment of categories of workers not covered by the provisions of the Labour Proclamation. Noting also that under article 42 of the new Constitution (adopted on 8 December 1994), certain categories of workers - "factory and service workers, peasant farmers, farm labourers, other rural workers and government employees under a certain level of responsibility" - have the right to bargain collectively with their employers in accordance with procedures established by law, the Committee requests the Government to provide copies of any special laws or collective agreements governing the employment of such workers.

3. Article 3. The Committee notes that the National Employment Policy, which is expected to incorporate provisions that give protection to women workers with family responsibilities, is still under consideration. The Committee takes this opportunity to recall to the Government the necessity to ensure that any policies or programmes adopted to give effect to the Convention apply equally to men and women with family responsibilities, and not only to women.

4. Article 4. Referring to its previous requests, and noting article 42 of the new Constitution, the Committee hopes that the Government will provide copies of any collective agreements containing provisions for equal opportunity and treatment in employment for all workers with family responsibilities, as well as information on any current or planned programmes to enable these workers to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security.

5. Article 5. The Committee notes that, due to financial constraints, the Children, Youth and Family Welfare Organization was unable to carry out a planned national survey to collect information on the situation of dependent children with insufficient family support. The Committee requests the Government to indicate the prospects for undertaking such a survey in the near future. It also asks the Government whether other measures are being taken in the sphere of community planning to give effect to the Convention.

6. Article 6. The Committee notes the Government's commitment to undertaking educational campaigns to promote a broader public understanding of the principles contained in the Convention. It also appreciates that scarce resources constrain the Government from taking action. While hoping that the Office will be able to provide the Government with some assistance in this regard, the Committee requests the Government to consider whether action to promote the aims of the Convention might also be taken within the context of measures to implement the 1986 General Education and Training Policy which places an emphasis on promoting respect for human rights and welfare, equality, justice and peace, in setting out the general and specific objectives to be attained.

7. Articles 7, 8 and 10 and 11. The Committee hopes that the Government will provide information in its next report on the measures taken to implement these provisions of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in response to its previous request. It would appreciate receiving further information or clarification on the following points:

Article 1 of the Convention. The Committee notes that the report contains no clarification as to the definition of the term "dependent child"; it thus repeats its previous request to the Government to clarify the term's relationship to the coverage of the Convention. The Committee also again requests the Government to provide information on whether, and if so how, the term "other members of their immediate family who clearly need care or support" is defined for the purpose of applying the Convention.

Article 2. The Committee notes that, with regard to the types of employment relationships excluded from Labour Proclamation No. 42/1993, by its section 3(2), the Government replies that these categories of workers are governed by special laws such as the Civil Code. The Committee requests the Government to supply details on the provisions concerning workers with family responsibilities in the special laws referred to, and to provide relevant extracts of such laws if these have been adopted. Noting that, according to the Government, work is under way to issue directives covering homeworkers in accordance with section 46(4) of the Proclamation, the Committee looks forward to receiving copies of such directives, as soon as they are finalized.

Article 3. The Committee notes with interest the Government's indications, in the context of the application of this Article, concerning the current National Employment Policy, and the proposals made to the constitutional drafting committee and concerning the drafting of a national employment policy. The Government is requested to keep the Committee informed on the progress towards the adoption of national policies aimed at enabling women workers with family responsibilities to be employed without discrimination and to reconcile better their work and family obligations.

Article 4. Noting that the Government has not supplied any information on collective agreements containing provisions for equal opportunity and treatment in employment for all workers with family responsibilities, the Committee repeats its request to the Government to provide copies of such agreements, as well as information on any programmes in operation or envisaged to further the implementation of this Article (see Paragraphs 17 to 23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165)).

Article 5. The Committee repeats its request to the Government to provide information on the measures taken to consider the needs of men and women workers with family responsibilities in community planning. The Committee also requests the Government to provide information on the results and impact of the national survey, conducted by the Children, Youth and Family Welfare Organization, to collect information on the situation of dependent children with insufficient family support, which is referred to in the Government's earlier report.

Article 6. Noting that the Government has not replied to its previous request, the Committee again asks the Government to indicate the information and educational campaigns or measures taken in order to promote a broader public understanding of the principle contained in the Convention.

Article 8. The Committee notes that the Government replies to the Committee's request for information on the practical application of section 26(2)(d) of the Labour Proclamation by repeating that sex, marital status, family responsibility and pregnancy, inter alia, are not legitimate grounds for termination of employment. It would appreciate receiving, in future reports, examples showing how this provision is applied in practice, in particular copies of cases heard by labour courts involving dismissal on unlawful grounds or action taken by the labour inspection service regarding this issue.

Article 11. The Committee notes the information supplied by the Government to the effect that the Advisory Board, whose functions would include devising and applying measures to give effect to the provisions of the Convention, is still awaiting the formation of an employers' association which will take part in the Board. The Committee accordingly asks the Government to keep it informed of action taken to constitute the tripartite Board and of its activities in giving effect to this Article.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Having noted the information contained in the Government's first report, the Committee requests detailed information on the following points:

Article 1 of the Convention. The Committee would be grateful if the Government would clarify, in its next report, the definition of "dependent child" in a way that explains how that term relates the coverage of the Convention to parents or legal guardians who, because of their responsibilities, have restricted possibilities of preparing for, entering, participating in or advancing in economic activity. The Committee also requests the Government to provide information on whether, and if so how, the term "other members of their immediate family who clearly need care or support" is defined for the purpose of applying the Convention.

Article 2. Having noted that the Labour Proclamation No. 42/1993, which is the principal means of applying the Convention, excludes from its scope employment relations arising out of those contracts of employment enumerated in section 3(2), the Committee requests the Government to indicate more precisely the particular categories of workers covered by this exclusion and to provide information on the measures taken or contemplated to ensure the application of the Convention to all branches of economic activity and to all categories of workers. The Committee also requests the Government to provide information on any directives made by the Minister of Labour and Social Affairs with respect to homework contracts, in accordance with section 46(4) of the Labour Proclamation.

Article 3. The Committee has noted that while the above-mentioned Labour Proclamation includes a provision proscribing discrimination on the basis of a number of specific grounds, including sex as well as on "any other condition" (section 14(1)(f)), the report does not indicate that the Government has enunciated an explicit national policy aimed at enabling men and women workers with family responsibilities to be employed without discrimination and to better reconcile their work and family obligations as outlined in the Convention. Referring to the explanations provided in paragraphs 54 to 89 of its 1993 General Survey on Workers with Family Responsibilities, the Committee requests the Government to consider taking the necessary action to adopt and implement such a national policy, perhaps in the context of the constitutional, legal and administrative reforms being undertaken currently in the country. That policy should then provide the framework for developing, coordinating and evaluating all of the various policies and programmes which are, or might be taken, under the following Articles of the Convention. Accordingly, the Committee hopes that the Government will be able to indicate that action has been taken in this regard in its next report.

Article 4. Noting that the Minister of Labour and Social Affairs intends to foster equal opportunity and treatment in employment for all workers with family responsibilities in collective agreements, the Committee requests the Government to indicate the measures taken to this end. It also asks the Government to provide copies of collective agreements, concluded and registered under the provisions of the 1993 Labour Proclamation. In addition, the Committee requests the Government to provide information on any programmes introduced or planned to further the application of this Article, such as those, for example, suggested in paragraphs 17 to 23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).

Article 5. The Committee requests the Government to provide more detailed information on the measures taken to ensure that the needs of workers with family responsibilities are taken account of in community planning and to indicate the nature and number of child-care and family services and facilities established. The Committee also requests the Government to supply information derived from the national survey on the situation of children with insufficient family support; and to describe any programmes or activities undertaken pursuant to that survey.

Article 6. In addition to promotional measures to encourage the social partners to apply the provisions of the Convention through collective bargaining (referred to under Article 4 above), the Committee requests the Government to indicate any measures taken or contemplated to inform and educate the community in general about the provisions of the Convention, including measures which encourage the sharing of family responsibilities between men and women. In this regard, the Committee refers to the examples and explanations provided in paragraphs 90-95 of its General Survey, mentioned above.

Article 7. The Committee requests the Government to indicate in its future reports any measures taken specifically to enable 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 those responsibilities. In this respect, the Committee refers the Government to Chapter III of its 1993 General Survey, which explains the requirements of this Article and suggests some practical measures which might be taken to secure compliance with the Convention.

Article 8. Having noted with interest that section 26(2)(d) of the 1993 Labour Proclamation includes sex, marital status, family responsibility and pregnancy among the grounds which shall not be deemed a legitimate basis for terminating a contract of employment, the Committee requests the Government to furnish any information indicating how this provision is applied in practice including, in particular, any action taken by the Labour Inspection Service or cases heard by the labour courts under this provision.

Article 10. Noting that the facility afforded by paragraph 1 of this Article to implement the Convention in stages appears to have been used, the Committee requests the Government to state in all of its future reports the extent to which effect has been given or is proposed to be given to the Convention.

Article 11. The Committee hopes that the Government will be in a position to indicate in its next report the manner in which it has participated with employers' and workers' organizations to devise and apply measures to give effect to the provisions of the Convention.