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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3 of the Convention. National policy. In its previous comments, the Committee requested the Government to provide information on the implementation of the national care system and its impact on the application of the Convention, as well as on any other measures deemed necessary to achieve the full implementation of the Convention and the action taken for that purpose. In this regard, the Committee notes the Government’s indication in its report that on 27 November 2015, Act No. 19353 was adopted establishing the Comprehensive National Care System (SNIC), with the objective of promoting a model of comprehensive care services based on articulated policies, integral programmes and promotional action, with a view to providing assistance and care to persons in a situation of dependency. The Committee observes that: (1) under the terms of section 8 of the Act, persons in a situation of dependency are considered to be those requiring specific support to carry out their activities and meet the basic needs of daily life. The definition includes boys and girls up to the age of 12 years and persons with disabilities, as well as persons over 65 years of age who cannot independently undertake their activities and meet the basic needs of daily life; (2) the SNIC will be composed of the National Care Board, composed of various ministries, including the Ministries of Social Development, Education and Culture, Labour and Social Security, the National Care Secretariat and the Care Advisory Committee, which includes delegates of the Inter-Union Assembly of Workers–Workers’ National Convention (PIT–CNT), organized civil society through representative organizations active in the area covered by the Act, the specialized academic sector and private entities providing care services. The Committee further notes the National Care Plan (2016–20) adopted in December 2015, the objectives of which include increasing the coverage and improving the quality of care services for infants and improving care for the elderly and persons with disabilities who are in a situation of dependency. The Committee particularly notes that the Plan envisages the following action: (i) the extension of the current coverage of the Child and Family Care Centres (CAIF) Plan and the infant day centres of the Uruguayan Institute for Children and Young Persons (INAU); (ii) the establishment of additional centres in agreement with unions and/or enterprises; (iii) the extension of the programme of socio educational inclusion grants (BIS) for families which are not able to find availability in public services, and may therefore send their children to a private child centre; (iv) the implementation of the programme of personal assistance for persons in a situation of severe dependency, including both persons over 64 years of age and persons with disabilities; (v) the implementation of the programme of continuous care support, which consists of a cash transfer to cover the cost of the entry of an elderly person into a private continuous care centre; and (vi) the establishment of day centres in urban and rural areas for elderly persons in a situation of slight or moderate dependency. The Government indicates that the care subsidies and the action to alleviate the care burden of those who are normally principal carers are intended to give these persons opportunities in practice for their full development as workers. The Committee requests the Government to provide information on the impact of the SNIC on the access to employment of men and women workers with family responsibilities and the reduction in the unemployment rate of such workers, including information on workers in rural areas and the informal economy. Please also continue to provide information on the implementation of any other plan or programme intended to enable persons with family responsibilities to engage in employment without discrimination, and the results achieved.

Article 4(b). Equality in relation to terms and conditions of employment. The Committee refers to its previous comments in which it noted the various initiatives carried out by the Government with a view to facilitating the reconciliation of work and family responsibilities, including the establishment of rooms for nursing infants in public and private enterprises within the framework of the programme Quality with Gender Equality. The Committee notes the Government’s indication that public enterprises which participate in the programme have infant nursing rooms in various premises and promote them as spaces for both mothers and fathers. The Committee also notes the adoption of Act No. 19161, of 1 November 2013, modifying the maternity grant and establishing the paternity grant and the allowance for the care of newborn children, which increases maternity leave by two weeks, extends paternity leave by ten days as from 1 January 2016 and includes a subsidy for parental half-time working until the baby reaches the age of six months for men and women private sector employees, self-employed workers and monotributistas (workers registered in the simplified scheme for small contributors). The Committee further notes that the Tripartite Commission for Equality of Opportunities and Treatment in Employment of the Ministry of Labour and Social Security (CTIOTE) has indicated its readiness to the competent authorities to collaborate in the formulation of a legal provision to establish the same maternity leave for women public employees (13 weeks) as for women workers in the private sector (14 weeks). The Committee further notes that, in its concluding observations, the United Nations Committee for the Elimination of Discrimination against Women (CEDAW) expressed concern at the low percentage of men exercising their paternity leave, notwithstanding the legislation that provides for paternity leave entitlements in all sectors of employment (CEDAW/C/URY/CO/8-9, 25 July 2016, paragraph 33). The Committee requests the Government to continue providing information on other specific measures, compatible with national conditions and possibilities, adopted to take into account the needs of men and women workers with family responsibilities, such as measures for more flexible hours of work, part-time work, homework or leave to care for members of the immediate family who require the care or support of the worker, including statistical data, disaggregated by sex, on the number of workers who avail themselves of these rights. Please also provide information on any progress in the formulation of measures to bring the maternity leave for public employees to the same level as that of private sector workers.

Article 5. Assistance services for the care of young children and other family members. In addition to the information on the SNIC referred to above, the Committee notes the Government’s indication that the CTIOTE is monitoring progress in the establishment of care centres for infants resulting from agreements concluded by workers and employers through collective bargaining. The Committee also notes that, under the National Care Plan (2016–20), during the 2010–15 five-year period, the CAIF Plan grew by almost 40 per cent and the number of centres rose from the 300 existing in 2010 to 420 by the end of 2014, thereby enabling the CAIF Plan to provide care for almost 51,000 boys and girls between the ages of 0 and 3 years. The Committee further notes that, in accordance with the National Care Plan, permanent care centres provide care for 2.5 per cent of the population aged 65 and above. The Committee takes due note of the information provided and requests the Government to continue providing information on the implementation of measures for the provision of care for infants and family members, including statistical data on the number of beneficiaries and the ratio between existing places and demand, particularly in rural areas.

Article 6. Awareness-raising measures. The Committee notes the information provided by the Government concerning the action on social co responsibility undertaken within the framework of the Quality with Gender Equality programme with a view to improving the distribution of unpaid work between men and women, including awareness-raising campaigns on paternal responsibility and greater visibility for the importance of care. The Committee further notes that, in its concluding observations, CEDAW expressed concern at the persistence of patriarchal attitudes and discriminatory stereotypes about the roles and responsibilities of women and men in the family and in society, which perpetuate violence and discrimination against women in areas such as education, employment and health (CEDAW/C/URY/CO/8-9, 25 July 2016, paragraph 17). The Committee requests the Government to continue taking proactive information and education measures which engender broader understanding by workers, employers and their organizations and by the public in general of the needs of workers with family responsibilities and encourage parents to avail themselves of their rights. The Committee also requests the Government to continue sending information on this subject.

Article 11. Participation of workers’ and employers’ organizations. The Committee notes the Government’s indication that in 2015 the CTIOTE submitted to the Higher Tripartite Council an agreed provision explicitly referring to the inclusion of the principles of the Convention with a view to its consideration during the future collective bargaining rounds of wage boards. It also notes that, according to the Government’s report, care centres have been established for infants through collective bargaining agreements concluded by workers and employers. The Committee requests the Government to indicate whether the principles of the Convention were included in the collective bargaining rounds of wage boards, as proposed by the CTIOTE. The Committee also requests the Government to continue providing information on measures to give effect to the provisions of the Convention adopted in collaboration with employers’ and workers’ organizations, and their impact.

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

Article 3. National policy. The Committee notes that the Government states that: (1) in 2010, diagnoses were carried out of the current conditions for childcare in the country; (2) a working group was set up to plan a national system of care under the National Council on Social Policy which will be made up of various ministries; (3) under the working group, a seminar was conducted on care needs and the equitable distribution of care between men and women, and a “Document on guidelines, conceptual input and workplan” was produced. The Committee observes that the document establishes that the objectives of the national care system include that of enabling persons with family responsibilities to engage in work without being subject to discrimination. The document also highlights the need for the system to have state participation as well as participation by the social partners, including the trade unions and other political players, and provides for the setting up of a care system for children and for dependent persons with disabilities and dependent elderly adults. The Committee notes that according to the document, the care system is to be ready for September 2011. The Committee asks the Government to provide information on the implementation of the national care system and its impact on the application of the Convention. It also asks the Government to send information on any other measures deemed necessary to achieve full implementation of the Convention and the measures taken for that purpose.

Article 4(a) and (b). The Committee notes that the Government states that: (1) the internal rules of the Ministry for Social Development entitle persons with family responsibilities to ten days’ leave, and also allows 15 days’ paternity leave and provides for a flexible working day for civil servants with young children or dependent family members, and has a childcare service; (2) the establishment of rooms for breastfeeding has been promoted in public and private enterprises under the “Quality with gender equity” programme and the “Development” project of the United Nations Development Programme (UNDP); and (3) strategies have been developed regarding services for workers with family responsibilities with respect to children, adolescents, persons with disabilities and dependent elderly persons. The Committee requests the Government to continue to provide information on the implementation of these measures and programmes, the number of enterprises and institutions involved, the number of men and women workers covered, and their impact on the working conditions of workers with family responsibilities.

Article 5. Services and facilities for the care of children and other members of the family. The Committee notes the Government’s statement that under Act No. 18.617 of 23 October 2009, work is being done to put into operation the National Institute for the Elderly (INAM) with the aim of enabling a better response on the part of the State to the need for care for the elderly. Furthermore, in February 2010, the Act on comprehensive protection for persons with disabilities was passed and the National Programme for Persons with Disabilities (PRONADIS) was adopted. The Committee also notes the statistical information on children receiving care and the coverage rate. The Committee requests the Government to continue to provide information on these measures, on the number of workers they cover and on their impact on the application of the Convention. It also asks the Government to continue to provide statistical information on childcare as regards existing facilities, whether public or private, the number of persons covered and the ratio between the supply and demand of places.

Article 6. Raising awareness about the principle of the Convention. The Committee notes that the National Institute for Women undertook awareness-raising activities about domestic tasks and responsibilities and their equitable distribution in 2008 and 2009, and studies were conducted on the subject. The Government states that the Tripartite Committee on Equal Opportunities and Treatment in Employment (CTIOTE) also carries out awareness-raising activities. The Committee requests the Government to continue to send detailed information on activities for training and awareness raising regarding the principle of the Convention.

Articles 9 and 11. Developing legislation with the participation of the social partners. The Committee notes the proposals made by the CTIOTE to amend the preliminary draft bill on maternity and breastfeeding, concerning the extension of maternity leave to between 14 and 16 weeks, and the possibility of granting parental leave after maternity leave, which may be taken by either parent. There is also a proposal for a “parental co-responsibility allowance”, which consists in financing a reduction in working hours in the first six months of the children’s lives for one of the parents. The Committee requests the Government to provide information on the status of the Act on maternity and breastfeeding and on any other legislative proposals relating to the application of the Convention.

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

1. Articles 3, 4 and 5 of the Convention. With regard to points 1, 2 and 4 of its previous direct request, the Committee notes the Government’s indication that it will send the requested information shortly and that it has not done so before due to changes in the objectives of the former National Institute for the Family and Women, now known as the National Women’s Institute, which reports to the Ministry of Social Development and is responsible for gender policies. The Committee recalls that the Convention has, in fact, the dual objective of creating equality of opportunity and treatment in working life between men and women with family responsibilities, on the one hand, and between men and women with such responsibilities and workers without such responsibilities, on the other (General Survey, 1993, paragraph 25). The Committee also recalls that the implementation of the Convention requires measures to be taken in a number of distinct areas, responsibility for which is normally vested in more than one government agency or ministry or indeed, non-governmental organizations (General Survey, 1993, paragraphs 62 and 63). The Committee, therefore, awaits the information promised by the Government and requests that the Government’s response takes into consideration the comments made previously in respect of the objective and scope of the Convention and the diversification of the measures necessary for its implementation.

2. Article 5. Childcare services and facilities. The Committee notes the statistical data provided by the Government concerning the number of children in the country, children in early childhood public education, and registered practices in the private sector which provide childcare facilities and services. The Committee notes that the statistical data provided by the Government does not indicate the percentage of male and female children who attend public schools in relation to the total number. The Committee requests the Government to provide further, more detailed information on this matter, including, insofar as is possible, statistical data, so that it can assess compliance with this Article of the Convention.

3. Article 6. The Committee notes the Government’s indication that the National Directorate of Employment (DINAE) of the Ministry of Labour and Social Security, the Tripartite Committee for Equality of Opportunity and Treatment in Working Life, and the National Women’s Institute aim to raise awareness in respect of the content of the Convention. The Committee asks the Government to provide more detailed information on the measures taken to promote, through information and education, a broader understanding of the principles set forth in the Convention.

4. Article 8. The Committee notes the Government’s indication that it has no new information concerning judicial or administrative rulings pertaining to the Convention. In the event that any rulings of this kind are issued, the Committee would be grateful if the Government would provide information thereon in its next report.

5. Article 9. With regard to the information requested concerning the scope and application in practice of Act No. 16045 with respect to the prohibition of discrimination against workers with family responsibilities, the Committee notes the information which was provided by the Government in its report concerning the Equal Remuneration Convention, 1951 (No. 100), and which was referred to in the comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee refers in this regard to the abovementioned comments and asks the Government for information relating specifically to the application of the present Convention in respect of complaints received and subsequent rulings issued.

6. Article 11. With regard to the participation of employers’ and workers’ organizations in the preparation and implementation of the measures adopted to give effect to the Convention, the Committee notes the Government’s indication that it is continuing its work to develop this issue further. The Committee requests the Government, once again, to continue it efforts in this area and asks it to provide detailed information in this respect in its next report.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its report and the attachments thereto.

1.  Article 3.  With reference to its previous comments, the Committee notes the Government’s statement in its report that the main activities to promote and support the family as an institution are carried out by the National Institute for the Family and Women (INFM), which reports to the Ministry of Education and Culture. It notes that, although the INFM has a limited budget in comparison to the objectives it pursues, a new family promotion policy is to be applied as from 1 March 2000. The Committee asks the Government to indicate how the new policy incorporates the objective of enabling persons with family responsibilities who are engaged or wish to engage in employment to do so without being subject to discrimination and to the extent possible, without conflict between their employment and family responsibilities.

2.  Article 4, paragraphs (a) and (b).  Noting that, according to the Government, there have been changes with regard to the previous report, the Committee recalls that the Convention provides not only for the prohibition of direct or indirect discrimination but also for the adoption of measures to promote conditions in which workers with family responsibilities enjoy real and full equality with other workers. It reiterates that Article 4(a) of the Convention establishes a relationship between access to and integration in employment on the one hand and, on the other, the availability of services, resources and policies enabling workers with family responsibilities to overcome the problems inherent in their situation. Furthermore, Article 4(b) of the Convention requires the adoption of measures that take account of the needs of men and women workers with family responsibilities in terms and conditions of employment and in social security. The Government is asked to provide detailed information in its next report on all aspects of the legislation (with a copy of the relevant provisions) and practice which are related to this Article.

3.  Article 5.  Childcare facilities and services.  The Committee notes that although the institutional coverage for the care of infants is still limited and only some public kindergartens are open for up to eight hours (in poor areas), in the last few years access to pre-school public education has begun to be extended to children of 3 and 4 years of age as part of the education reform. Please indicate what percentage of all 3 year-old children attend public pre-school. The Committee also notes that some state bodies have childcare services and that the quantity and quality of childcare facilities has increased greatly in the private sector. Please state whether men and women who leave their children in the care of private institutions receive any kind of allowance or refund for the payment of such services.

4.  Article 5.  Services and facilities for other members of the family.  Noting the Government’s statement that the supplementary report on this point will be sent shortly, the Committee hopes that such a report will be provided in the near future.

5.  Article 6.  Noting that the Government has not replied to its previous comments on this point, the Committee recalls that Article 6 of the Convention requires the competent authorities and bodies in each country to take appropriate measures to promote information and education which engender broader public understanding of the principles set forth in the Convention. Please describe the measures taken to give effect to this Article.

6.  Article 8.  With reference to its previous comments, the Committee takes note of Decision No. 89 handed down by Labour Tribunal No. 8, Montevideo, 18 November 1993 (Revista de Derecho Laboral, tomo XXXVII, núm. 176, Montevideo, 1994). The Committee notes with interest that the above tribunal ruled that, by dismissing a working mother for having refused a change in working hours on grounds of family responsibility, the enterprise was in breach of the provisions of the Convention. The Committee would be grateful if the Government would continue to provide information in its future reports on any judicial or administrative ruling pertaining to the Convention.

7.  The Committee has not received the information it requested on the scope and application in practice of Act No. 16045 (sections 1, 2 and 2.H) in regard to the prohibition of discrimination against workers with family responsibilities. The Committee again requests that information. It also asks the Government in its reply to take account of the comments the Committee has made on the above text in its comments on Convention No. 111 concerning the procedure for complaints against discrimination at work filed under Act No. 16045.

8.  Article 11.  Noting that the Government’s report has been sent to the Tripartite Working Group and that the workers’ sector (PIT-CNT) considers that the Government’s reply to the questions put to it shows the inadequacy of the measures to "create effective equality of opportunity and treatment for workers with family responsibilities", the Committee urges the Government to continue its efforts to devise and apply measures to give effect to the Convention, with the participation of employers’ and workers’ organizations. Please provide information in this respect.

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 read as follows:

The Committee notes the Government's report, the information supplied in reply to its previous direct request and the attached documentation.

Article 3 of the Convention. Although it notes the information contained in the Government's report and the annexes to the report on programmes intended for the family, the Committee once again requests detailed information on the national policy adopted with the specific aim of enabling persons with family responsibilities who are engaged or wish to engage in employment to do so, without being subject to discrimination and to the extent possible, without conflict between their employment and family responsibilities.

Article 4, paragraph (a). The Committee notes that, according to the report, no specific measures have been taken to implement this provision. It hopes that such measures will be taken and requests the Government to supply information on any action taken or envisaged to enable workers with family responsibilities who are engaged or wish to engage in employment to exercise their right to free choice of employment, with a view to creating effective equality of opportunity and treatment for men and women workers.

Paragraph 4,(b). The Committee notes the Government's statement that no practical measures have yet been adopted, such as flexible working hours or job-sharing, to enable working parents in both the public and private sectors to reconcile their employment and family responsibilities. The Committee hopes that measures will be taken to implement this provision and requests the Government to supply information on any such action. The Committee also notes the supplementary benefits provided under the current social security system, such as: unemployment allowances; supplementary family allowances for workers with a wife, children or other family dependants; and benefits related to maternity, children and the family. In view of the fact that one of the principal objectives of the Convention is to enable workers of both sexes with family responsibilities to combine those responsibilities with their employment in the most harmonious manner possible, both in respect of dependent children and other members of their family who clearly need their care or support, the Committee requests the Government to supply detailed information on the measures which have been adopted or are envisaged to achieve that objective.

Article 5. 1. Childcare facilities and services. The Committee notes with interest the information supplied by the Government in its report. It requests the Government to continue supplying information on the development of the national plans (e.g. the plan for assisting children and the family) and the results achieved by these plans.

2. Services and facilities for other members of the family. The Committee takes due note of the information supplied by the Government concerning the programme which was due to begin in August 1993 to implement a strategy of assistance for the elderly. It would be grateful if the Government would supply information concerning the development of this programme and the results achieved.

Article 6. In its previous direct request, the Committee requested the Government to supply information on "any public information and education activities undertaken to foster an understanding of the problems faced by workers with family responsibilities", as set out in section 6 of Act No. 16045. The Government states in its report that it has not been considered necessary at the current time to undertake specific information campaigns. So as to be able to undertake an analysis of the application of this Article, the Committee requests the Government to supply detailed information indicating the grounds upon which it has not been considered necessary to undertake such campaigns.

Article 7. In its previous direct request, the Committee requested the Government to supply information on the effect given in practice to Act No. 16045, of 2 June 1989, to enable workers with family responsibilities to enter and remain in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities. In reply, the Government attaches to its report a decision of 1992 in which the Labour Court of Appeal, basing its decision on the ambiguity contained in the 1950 Act respecting maternity leave between the right to re-enter employment and the retention of the worker's post after such leave, imposed the penalty of the payment of compensation and not permanent reinstatement in the job. The Committee draws the Government's attention to paragraph 124 of its 1993 General Survey on this Convention, in which it points out that "questions concerning maternity leave are outside the scope of application of the instruments under review here, although these matters obviously constitute an important part of any national policy in the area of equality of opportunity and treatment". The Committee would be grateful if the Government would clarify whether this decision affects the right to return to work after taking leave for family responsibilities. It asks the Government to supply detailed information on the measures which have been adopted or are envisaged to ensure that women workers keep their jobs when they return to work following such leave.

Article 8. The Committee requests the Government to supply detailed information on the effect given in practice to Act No. 16045 (section 2(H)), and on the other measures which have been taken or are envisaged to protect workers against dismissal, suspension or other disciplinary measures for having fulfilled their family responsibilities. The Committee requests the Government to supply information in its next report on the scope and the effect given in practice to sections 1 and 2(H) of Act No. 16045 with regard to the prohibition of discrimination against workers with family responsibilities. It would also be grateful if the Government would supply information on any legislation or judicial ruling which explicitly prohibits discrimination against workers with family responsibilities who are preparing to engage in, participating in or returning to economic activity.

Article 11. The Committee notes the information supplied by the Government concerning the participation in practice of employers' and workers' organizations in the application of the Convention through collective bargaining. In view of the fact that the Convention also covers the participation of employers' and workers' organizations in devising the measures to give effect to the principles set out in the Convention, the Committee requests the Government to supply information on their participation in this respect.

Part V of the report form. Please supply copies of current collective agreements which illustrate the general application of the provisions of this Convention.

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

The Committee notes the Government's report, the information supplied in reply to its previous direct request and the attached documentation.

Article 3 of the Convention. Although it notes the information contained in the Government's report and the annexes to the report on programmes intended for the family, the Committee once again requests detailed information on the national policy adopted with the specific aim of enabling persons with family responsibilities who are engaged or wish to engage in employment to do so, without being subject to discrimination and to the extent possible, without conflict between their employment and family responsibilities.

Article 4, paragraph (a). The Committee notes that, according to the report, no specific measures have been taken to implement this provision. It hopes that such measures will be taken and requests the Government to supply information on any action taken or envisaged to enable workers with family responsibilities who are engaged or wish to engage in employment to exercise their right to free choice of employment, with a view to creating effective equality of opportunity and treatment for men and women workers.

Paragraph (b). The Committee notes the Government's statement that no practical measures have yet been adopted, such as flexible working hours or job-sharing, to enable working parents in both the public and private sectors to reconcile their employment and family responsibilities. The Committee hopes that measures will be taken to implement this provision and requests the Government to supply information on any such action. The Committee also notes the supplementary benefits provided under the current social security system, such as: unemployment allowances; supplementary family allowances for workers with a wife, children or other family dependants; and benefits related to maternity, children and the family. In view of the fact that one of the principal objectives of the Convention is to enable workers of both sexes with family responsibilities to combine those responsibilities with their employment in the most harmonious manner possible, both in respect of dependent children and other members of their family who clearly need their care or support, the Committee requests the Government to supply detailed information on the measures which have been adopted or are envisaged to achieve that objective.

Article 5. 1. Child-care facilities and services. The Committee notes with interest the information supplied by the Government in its report. It requests the Government to continue supplying information on the development of the national plans (e.g. the plan for assisting children and the family) and the results achieved by these plans.

2. Services and facilities for other members of the family. The Committee takes due note of the information supplied by the Government concerning the programme which was due to begin in August 1993 to implement a strategy of assistance for the elderly. It would be grateful if the Government would supply information concerning the development of this programme and the results achieved.

Article 6. In its previous direct request, the Committee requested the Government to supply information on "any public information and education activities undertaken to foster an understanding of the problems faced by workers with family responsibilities", as set out in section 6 of Act No. 16045. The Government states in its report that it has not been considered necessary at the current time to undertake specific information campaigns. So as to be able to undertake an analysis of the application of this Article, the Committee requests the Government to supply detailed information indicating the grounds upon which it has not been considered necessary to undertake such campaigns.

Article 7. In its previous direct request, the Committee requested the Government to supply information on the effect given in practice to Act No. 16045, of 2 June 1989, to enable workers with family responsibilities to enter and remain in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities. In reply, the Government attaches to its report a decision of 1992 in which the Labour Court of Appeal, basing its decision on the ambiguity contained in the 1950 Act respecting maternity leave between the right to re-enter employment and the retention of the worker's post after such leave, imposed the penalty of the payment of compensation and not permanent reinstatement in the job. The Committee draws the Government's attention to paragraph 124 of its 1993 General Survey on this Convention, in which it points out that "questions concerning maternity leave are outside the scope of application of the instruments under review here, although these matters obviously constitute an important part of any national policy in the area of equality of opportunity and treatment". The Committee would be grateful if the Government would clarify whether this decision affects the right to return to work after taking leave for family responsibilities. It asks the Government to supply detailed information on the measures which have been adopted or are envisaged to ensure that women workers keep their jobs when they return to work following such leave.

Article 8. The Committee requests the Government to supply detailed information on the effect given in practice to Act No. 16045 (section 2(H)), and on the other measures which have been taken or are envisaged to protect workers against dismissal, suspension or other disciplinary measures for having fulfilled their family responsibilities. The Committee requests the Government to supply information in its next report on the scope and the effect given in practice to sections 1 and 2(H) of Act No. 16045 with regard to the prohibition of discrimination against workers with family responsibilities. It would also be grateful if the Government would supply information on any legislation or judicial ruling which explicitly prohibits discrimination against workers with family responsibilities who are preparing to engage in, participating in or returning to economic activity.

Article 11. The Committee notes the information supplied by the Government concerning the participation in practice of employers' and workers' organizations in the application of the Convention through collective bargaining. In view of the fact that the Convention also covers the participation of employers' and workers' organizations in devising the measures to give effect to the principles set out in the Convention, the Committee requests the Government to supply information on their participation in this respect.

Point V of the report form. Please supply copies of current collective agreements which illustrate the general application of the provisions of this Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information contained in the Government's first report and the attached documentation.

Article 1 of the Convention. The Committee notes from the Government's report the definitions of the terms "dependent children" and "other members of their immediate family who clearly need care or support" contained in the social security legislation. It asks for further information on how the terms have been defined in other legislation or by the courts for purposes of applying the terms of the Convention.

Article 3. The Committee requests the Government to provide further information on any national policy adopted, beyond legislation on equality between men and women and the constitutional protection of the family and the child referred to in its report, with the specific aim of enabling persons with family responsibilities to exercise their right to be employed without being subject to discrimination and to the extent possible, without conflict between their employment and family responsibilities.

Article 4, paragraph (a). The Committee requests the Government to provide information on specific measures which have been taken or envisaged to enable workers with family responsibilities to exercise their right to free choice of employment, with the aim of creating effective equality of opportunity and treatment for men and women workers.

Paragraph (b). The Committee would be grateful if the Government would supply further information on other specific measures which have been taken or are being contemplated, such as flexible schedules and job sharing, in addition to special leave available for certain public employees, to enable working parents in both the public and private sectors to better reconcile their work and family responsibilities. It also requests the Government to provide information on any social security benefits, in addition to unemployment benefits and the supplementary allowance for married workers and workers with children and other dependent family members, and social security benefits in relation to maternity, children, and family, which exist or are contemplated to enable workers with family responsibilities to better combine their work and family responsibilities of dependent children as well as of other members of their immediate family who clearly need care or support.

Noting that section 5 of Legislative Decree No. 14785 of 19 June 1978 expressly states that an employer must provide in kind benefits (hygienic living and eating conditions, meals, access to medical assistance and the means for children to attend school, in addition to rural workers' cash remuneration) to a rural worker and "his family (wife, children and parents)" living with him, the Committee asks the Government to supply information in its next report on whether this provision is to be amended to apply to both men and women rural workers and their spouses, children and parents, facilitating the combination of work and family responsibilities for rural workers as apparently is the practice.

Article 5. 1. Child-care facilities and services. The Committee notes the information in the Government's report concerning child-care facilities and the National Plan for the Integral Care of Children, Women and the Family. The Committee requests the Government to continue supplying information on the activities under this Plan, including the results achieved, and on the eligibility requirements for its child-care facilities and services, including the Child and Family Care Centres (CAIF).

2. Services and facilities for other members of the family. The Committee requests the Government to provide information on any other existing or planned measures providing services at the community level for other members of the family who require care, such as elderly relatives.

Article 6. The Committee requests the Government to provide information in its report on any public information and education activities that have been undertaken to foster an understanding of problems faced by workers with family responsibilities, in accordance with section 6 of Act No. 16045.

Article 7. The Committee would be grateful if the Government would provide information on the practical application of Act No. 16045 of 2 June 1989, in relation to enabling 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. The Committee also requests the Government to supply information on any measures establishing vocational training facilities, paid educational leave, vocational guidance, counselling, or information and placement services for both men and women workers who have left the workplace temporarily to take care of family responsibilities.

Article 8. The Committee requests the Government to supply further information on the practical application of Act No. 11577 (establishing the right to return to work after having taken medically required pregnancy leave) and Act No. 16045 (section 2(H), in relation to this Article); and on other measures which exist or are contemplated, to protect workers against dismissal, suspension, or other disciplinary action for having taken care of family responsibilities. In addition, the Committee requests the Government to provide information in its next report on the scope and practical application of Act No. 16045, sections 1 and 2, section 2(H), with regard to the prohibition of discrimination against workers with family responsibilities. It also would be grateful if the Government would supply information on any legislation or judicial decisions expressly prohibiting discrimination against workers with family responsibilities, who are preparing for, entering, participating in or advancing in economic activity.

Article 11. The Committee would be grateful if the Government would supply information in its next report on how employers implement the provisions of the Convention as well as the manner in which workers' organizations participate in this administration and application process.

Point V of the report form. Please supply copies of current collective agreements which throw light on the general application of the provisions of this Convention.