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

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

Practical application. The Committee notes that, according to the 2017 annual report of the Rights Ombudsperson (ex-HALDE), “the discrimination to which women are exposed in their professional lives is due, inter alia, to structural factors, linked to evaluation and career management norms, which do not take into account pregnancy, family responsibilities that are still too often delegated to women, and the result of practices and prejudices that are deeply rooted in society”. Complaints alleging discrimination in employment on the basis of family situation or pregnancy represent 2 and 3.3 per cent, respectively, of all the complaints submitted to the Ombudsperson. The Committee requests the Government to continue to provide information on the complaints concerning discrimination on the basis of family responsibilities processed by the Rights Ombudsperson, Labour Inspection and Courts Ombudsperson, and to indicate the outcome of these complaints.

Article 3 of the Convention. National equality policy. In its previous comment, the Committee requested the Government to provide information on the support plan concerning occupational equality in the world of work that was supposed to be proposed before the end of 2011, as well as the specific measures adopted and implemented by companies to promote the reconciliation of work and family life. The Committee notes the Government’s indications that national framework agreements for 2013–14 and 2015–18 were signed on 28 June 2013 and on 27 April 2015, respectively, by the ministries in charge of employment and women’s rights and by the employment service (Pôle emploi), with a view to providing personalized support, including for women returning to work after maternity leave, establishing joint responsibility for individuals’ social and occupational needs and promoting new forms of employment (multiple job holding, teleworking and business creation). It also notes that Act No. 2015-994 of 17 August 2015 on social dialogue and employment has added the fight against discrimination in recruitment, employment and access to vocational training to the list of the areas that must be negotiated with the social partners on an annual basis. The Committee requests the Government to provide information on the achievement of the objectives established in the national framework agreements and on the measures taken to support re-entry into the labour market and their results, and reiterates its request for information on the specific measures taken by companies to promote a better reconciliation of work and family life.

Articles 4 and 7. Social security and training. The Committee notes that, in reply to its previous comments, the Government indicates that the Family Allowance Fund can add, free of charge and on request, beneficiaries of the shared childcare benefit to the old-age insurance scheme, which guarantees continuity in the constitution of pension rights for persons leaving or reducing their professional activity to care for children or persons with disabilities. The Government also adds that the number of beneficiaries of allowances enabling the reduction of professional activity to care for young children – which makes it possible to assess the number of beneficiaries of parental leave – was approximately 480,000 in 2014, but it does not specify the number of women and men. Lastly, with regard to the number of beneficiaries of parental leave who have received training during or after such leave, the Government refers to an appended document that does not cover this issue. The Committee requests the Government to continue to provide information, disaggregated by sex, on the number of beneficiaries of parental leave, including the number of beneficiaries of such leave who have received training during or after their leave.

Article 5. Childcare and family services and facilities. The Committee takes note of the detailed information provided by the Government. In particular, it observes that, according to the 2017 report of the National Observatory for Early Childhood, in 2015, childcare services (outside the family sphere) for children under 3 years of age covered 56.6 per cent of the number of children in this age group. The Committee notes the Government’s indication that a new government plan was launched for the period 2013–17 to create 275,000 additional childcare places (100,000 in nurseries, 100,000 with nannies and 75,000 in preschools for 2 year-old children) in order to ensure better territorial coverage and to strengthen the fight against social inequalities in access to childcare. The Committee requests the Government to continue to indicate the measures taken or envisaged to improve the coverage rate of care needs for children between 0 and 3 years of age and for older children under the 2013–17 plan, and to provide information on any evaluation of the results achieved, in particular in terms of the creation of childcare places and the fight against territorial and social inequalities in childcare.

Article 6. Information and education. The Committee notes the Government’s indication that in 2014 the Corporate Parenthood Observatory was strengthened and its scope of application was extended. Now known as the “Observatory for Work–Life Balance and Corporate Parenthood”, it is responsible for: encouraging employers to take concrete actions to promote work–life balance; promoting the exchange of good practices between employers with a view to concrete actions; and monitoring changes in employees’ expectations and company practices through the annual publication of a barometer on the reconciliation of work and private life. The Government adds that, in addition to the Parenthood Charter, the Observatory created, in October 2013, a supplementary instrument: the 15 “commitments for work–life balance” which target managerial culture by promoting greater sensitivity to employees’ personal lives. These commitments are meant to be signed by the entire management team of a company, must be publicly posted and may be invoked by employees. The 500 companies and associations that have signed the Charter and/or the 15 commitments represent 30,000 establishments and more than 15 per cent of employed persons. The Committee requests the Government to continue to provide information on the initiatives taken to inform and raise awareness among workers, employers and their organizations of the principle of equality of opportunity and treatment for workers of both sexes and of the problems of workers with family responsibilities.

Article 7. Integration in the labour market. The Committee notes that the Government, in reply to its previous comments, indicates that the 2015–18 national framework agreement, signed by the ministries in charge of employment and women’s rights and by the employment service, includes a section entitled “Facilitating women’s access and return to employment by addressing employment barriers, job quality and business creation”, the implementation of which should: (i) strengthen cooperation between the employment service and other public service operators to reduce the difficulties encountered by women; (ii) facilitate female entrepreneurship; and (iii) further efforts to improve the quality of jobs, in partnership with the social partners. The Committee reiterates its request to the Government to provide information on the number of beneficiaries (women and men) of the childcare allowance for single parents (AGEPI) and to continue to provide information on the measures taken to facilitate the re-entry of workers with family responsibilities into the labour force after an absence due to those responsibilities and, in particular, on the evaluation of the measures taken under the 2015–18 national framework agreement and the results achieved.

Article 11. Cooperation with the social partners. The Committee welcomes the Government’s indications that, as part of the National Interoccupational Agreement on Quality of Life at Work, signed on 19 June 2013, the social partners have agreed to launch a discussion on the harmonization of the entitlements to the various types of existing leave (parental and personal) and on the portability of these rights. It also notes the examples of agreements concluded between the social partners, including the possibility of donating days of rest to a colleague whose child is seriously ill, additional leave schemes, continued remuneration during maternity or parental leave, the maintenance of the link between the employee and the company during such leave, the neutralization of the impact of such leave on career development, and even the systematization of job interviews with employees upon their return to work after such leave. Lastly, it notes that the number of branch agreements dealing with occupational equality went from 149 (or 12.8 per cent of the total number of agreements) to 140 (or 14.3 per cent of the total) between 2010 and 2014, even though the number of agreements dealing exclusively or primarily with occupational and wage equality fell steadily over the same period (from 37 to 6 per cent). The Committee requests the Government to provide information on the specific measures adopted, following the 2013 National Interoccupational Agreement, concerning men and women workers with family responsibilities and to continue to provide information on the number and content of the relevant agreements concluded between the social partners. The Committee also requests the Government to provide information on the reasons why branch agreements dealing specifically with occupational equality have been steadily declining since 2010.

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

Article 4 of the Convention. Leave entitlements. The Committee notes with interest that Act No. 2015-1776 of 28 December 2015 on adapting society to the ageing population has replaced the right to “family support leave” with “caregiver leave”, as direct kinship is no longer required. The Committee notes that Act No. 2014-873 of 4 August 2014 on real gender equality created the shared childcare benefit (PrePareE) to replace the free choice of activity supplement (CLCA) as from 1 July 2015, with a view to encouraging fathers’ involvement and making the impact of childcare on working life less disproportionate between mothers and fathers. The Committee nevertheless notes that, according to the 2017 report of the National Observatory for Early Childhood, at the end of 2016, only 4.4 per cent of recipients of the activity supplement were fathers and that the shared childcare benefit was not in fact shared, since the decrease in the payments linked to this benefit is particularly significant after 24 months, at the time when the benefit is to be shared between the mother and father.

Moreover, the Committee notes with interest that the abovementioned Act of 4 August 2014 has extended protection against dismissal following the birth of a child – from which only mothers previously benefited – to fathers, and that Act No. 2016-1088 of 8 August 2016 has extended this period of protection from four to ten weeks. The Committee notes the study that was published in March 2016 by the Directorate of Research, Studies, Evaluation and Statistics (Drees), according to which 68 per cent of fathers with at least one child under 3 years of age who were eligible for paternity leave took such leave. Lastly, it notes the Government’s indication that the Labour Code establishes several types of leave to enable employees – both men and women – to bear their family responsibilities while remaining in employment. Leave is available to employees: to undergo medical examinations during pregnancy and after childbirth; when a woman gives birth to a child; when a man fathers a child; when adopting a child; to take care of a child; to look after a child who is ill; to look after a child who is seriously ill, has a disability or has been the victim of an accident; for family events (weddings, deaths, births); to take care of a close relation suffering from a serious pathology or condition; and to take care of a close relation with a disability or loss of autonomy of a particularly serious nature. Acts Nos 2014-459 of 9 May 2014, 2014-873 of 4 August 2014 and 2016-41 of 26 January 2016 enable, respectively, employees to donate days of rest to a colleague whose child is seriously ill; the leave authorization granted to women for pregnancy check-ups to be extended to their spouse, civil-union partner or live-in partner; and a new leave authorization for employees who use medically-assisted procreation. The Committee requests the Government to continue to provide information on the number of men and women benefiting from the daily parental presence allowance and caregiver leave and on the number of employed fathers who have applied for and taken paternity leave (public and private sector employees and self-employed workers). The Government is requested to provide information on any evaluations of the payment of the new shared childcare benefit and its impact on families, as well as on any new measures to take into account the needs of workers with family responsibilities.

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

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

Article 3 of the Convention. In its previous comments, the Committee noted the adoption of the Act of 23 March 2006 on equal pay for men and women which requires enterprises to indicate the measures taken to promote the reconciliation of working life and family life in the annual situation report comparing general conditions of employment and training. The Committee notes the adoption of Decree No. 2011-822 of 7 July 2011 on the implementation of company regulations on occupational equality between men and women, which sets out the contents of the annual situation report. The Committee also notes that a Conference on the sharing of family and work responsibilities was held in June 2011 organized by the Ministry of Solidarity and Social Cohesion, with representatives from workers’ and employers’ organizations, members of associations, universities and elected representatives. It notes that the Conference foresaw that a support plan concerning occupational equality in the world of work would be proposed before the end of 2011 and that it would contain a section on family policy in order to better reconcile working life and family life. The Committee requests the Government to provide information on the support plan concerning occupational equality in the world of work, including measures to establish effective equality of opportunity and treatment for workers with family responsibilities as well as the specific measures taken by companies to promote the reconciliation of working life and family life.

Article 4. Leave entitlements. With regard to parental leave to look after a child who is seriously ill, injured or with disabilities, the Committee welcomes the fact that to simplify and improve the quality of rights, Act No. 2011-525 of 17 May 2011, entitles workers to renewed leave in the event of a relapse or the recurrence of the child’s condition (section 42). It observes that, according to the statistics provided by the Government in December 2009, there were 4,529 beneficiaries of the parental care allowance, 87 per cent of whom were women. The Committee also notes that under Act No. 2011-50 of 11 January 2011 on the provision of a daily allowance to support a dying family member and family care leave, workers benefiting from this leave or transforming it into a period of part-time work, may claim a daily allowance. It notes that the Government’s report does not include information on family support leave which enables workers to care for a family member who is with disabilities or has suffered a loss of autonomy of a particular degree of gravity. The Committee requests the Government to continue providing information on the number of men and women benefiting from parental leave and to indicate the measures taken or envisaged to better inform workers of this measure, particularly male workers with family responsibilities, and employers. The Committee also requests the Government to provide information on the number of men and women who have benefited from family support leave and family solidarity leave, indicating whether they received the corresponding allowance. It further requests the Government to continue providing information on any new measures aimed at addressing the needs of workers with family responsibilities.

Paternity leave. The Committee notes the Government’s indication that, since 2003, approximately 66 per cent of the fathers who are potentially concerned have benefited from paternity leave (87 per cent in the public sector, 68 per cent in the private sector and 22 per cent of self-employed workers). Initiatives have nevertheless been adopted to raise awareness, particularly among male workers and employers, of the issue of reconciliation of work and family responsibilities, including the publication of a guide for companies entitled “Promoting parental responsibility among male employees”. The Committee requests the Government to continue providing information on the number of employed fathers who have requested paternity leave and those who have taken such leave (employees in the public and private sectors and self-employed workers). It also requests the Government to indicate the specific measures taken to remove any obstacles which may prevent fathers from taking paternity leave and to promote and facilitate the use of this leave among workers, particularly workers in the private sector and self-employed workers, and the impact of such measures.

Articles 4 and 7. Social security and training. The Committee notes the Government’s indication, in response to its previous comments on the maintenance of social protection during childcare leave, that the period of leave may, under certain conditions, be included in the calculation of the beneficiary’s basic pension and compulsory supplementary pension. The Committee requests the Government to provide details on the following points:

• (i) the conditions under which the period of leave is included for the purpose of the basic pension and the compulsory supplementary pension;
• (ii) the number of beneficiaries of childcare leave (men and women); and
• (iii) the number of beneficiaries of this leave who have received training during or after their leave.

Article 5. Childcare facilities and services. The Committee notes the Government’s indication that the coverage rate of needs for children between 0 and 3 years is around 48 per cent. It also notes the adoption of a development plan for the care of young children (2009–12), which aims to create 200,000 additional childcare places, and that 82,200 childcare places were created between 2009 and 2010. The Committee requests the Government to indicate the measures taken or envisaged to improve the rate of coverage of care needs for children between 0 and 3 years and for older children, whether through collective or individual childcare facilities or through expanding services for individuals, and to provide information on the results obtained within the framework of the development plan for the care of young children, particularly in terms of the creation of childcare places.

Article 6. Information and education. The Committee notes with interest the creation, in 2008, of the Enterprise Parenthood Observatory, which is responsible for assessing employers’ practices to assist in reconciling work and family life, to promote the Parenthood Charter (launched in April 2008 and signed by 281 enterprises or associations by October 2011) and to share good practices. The Committee also notes that a report entitled “Parenting and occupational equality of men and women: How to involve men? Ten good business practices”, was published in February 2012 by the Secretary of State for the Family. The Committee requests the Government to provide information on the specific measures taken to follow up the report of the Enterprise Parenthood Observatory and to continue providing information on the initiatives taken by this body to inform and raise awareness among workers, employers and their organizations concerning the principle of equality of opportunity and treatment for workers of both sexes and the problems of workers with family responsibilities.

Article 7. Integration in the labour force. The Committee notes that the allowance for women’s return to work (ARAF) has been replaced by the allowance for childcare for single parents (AGEPI), which is provided for jobseekers, regardless of gender, under certain conditions, to help them to care for their children when returning to work or taking up training. The Committee requests the Government to provide information on the number of beneficiaries of the AGEPI, disaggregated by sex, and on the measures taken or envisaged to facilitate workers’ integration into the labour force following an absence due to family responsibilities.

Article 11. Cooperation with the social partners. The Committee notes the Government’s indication that the social partners included discussions on the quality of working life in their agenda for 2011, addressing particularly the issues of reconciliation of work and family life, working conditions and gender equality. It also notes that the number of company and branch agreements covering gender equality increased between 2005 and 2009 from 295 to 1,290 and from 41 to 107, respectively. The Committee requests the Government to provide information on the outcome of the work undertaken by the social partners on the quality of working life, and in particular on the reconciliation of work and family life, as well as the specific measures taken within the framework of the national interoccupational agreement of 1 March 2004 concerning workers with family responsibilities.

Part V of the report form. Application in practice. The Committee notes that the number of complaints of discrimination based on family situation recorded by the High Authority to Combat Discrimination and Promote Equality continue to rise and represented 2.5 per cent of all complaints registered in 2010 (HALDE, 2010 annual report). The Committee requests the Government to provide information on complaints concerning discrimination based on family responsibilities dealt with by the Human Rights Ombudsperson, the labour inspectorate and the courts, with an indication of the outcome.

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

1. Article 4 of the Convention. Parental leave and benefits. The Committee notes that section 87 of Act No. 2005-1579 of 19 December 2005 has introduced a new parental leave and a daily parental allowance. Beneficiaries of this arrangement receive financial assistance, which is not means-tested, provided on a monthly basis and are able to apply for leave in the form of days of absence from work for a maximum period of three years. At the end of the parental leave, workers are entitled to return to their previous jobs or to similar to jobs with the same wages as they were paid prior to the leave period. The Committee requests the Government to send information on the number of men and women who have availed themselves of parental leave and benefits.

2. Paternity leave. The Committee recalls that the Act on Social Security Financing for 2002 introduced paternity leave to enable fathers to look after their children. It grants fathers a total of 14 consecutive days around the time of the child’s birth. The Committee notes that according to the Government’s report, in 2003 and in 2004, nearly two-thirds of the eligible fathers availed themselves of paternity leave. The Government indicates, however, that the fathers whose occupational status is unstable or whose wages are low avail themselves of this leave less frequently. The Government also states that one of the reasons why fathers of more modest means resort less frequently to paternity leave is that they are unaware of their rights or believe that the requisite formalities to obtain it are complicated. The Committee also notes the information that, occupational constraints apart, what particularly distinguishes fathers who do not take paternity leave is the fact that they are less concerned about equality in parental roles. The Committee requests the Government to keep it informed of the use made of paternity leave, including by low income workers and workers who do not hold contracts for an indefinite period. It also asks the Government to send information on the measures taken to improve awareness of the provisions governing paternity leave and regarding the importance of equality in parental roles.

3. Family support leave. The Committee notes with interest the entry into force in January 2007 of the “family support” leave. This enables persons wishing to care for a dependent family member to stop work without losing their jobs. The Committee requests the Government to continue to provide on the measures taken to facilitate care and support for family members, and on the number of beneficiaries of family support leave.

4. Article 6. Promotion of the principle. The Committee notes the various activities under way to raise awareness of the public regarding the implications of equality of occupation. It notes in particular that an internet site has been established to provide information and to disseminate good business practices, especially as regards work/life balance. The Committee requests the Government to keep it informed of the measures taken to inform the public about the principle of equality of opportunity and treatment for workers of both sexes and the problems of workers with family responsibilities, and to send information on the impact of such measures.

5. Article 7. Measures to facilitate re-entry into the labour force. The Committee takes note of the Aid for Women’s Return to Work (ARAF) which enables women with no access to childcare facilities to make arrangements for childcare upon returning to work or training. The Committee requests the Government to send information on the number of beneficiaries of the ARAF and to continue to provide information on the measures taken or envisaged to facilitate workers’ return to the labour force following absence due to family responsibilities, including the measures taken to allow fathers to benefit from such arrangements.

6. Article 11. Collaboration with the social partners. The Committee notes the inter-occupational agreement of 1 March 2004 on gender equality in occupation, signed by the five representative trade unions. The agreement asserts the need for family responsibilities to be taken into account in relation to women’s careers. The Committee requests the Government to send information on the measures taken or envisaged under the abovementioned inter-occupational agreement with a view to giving effect to the provisions of the Convention.

Part V of the report form. Practical application. The Committee noted in its previous comments that section L.122-45 of the Labour Code prohibits discrimination on the ground of family status. The Government indicates in its report that, according to the case law, consideration of family status pertains to the employee’s personal life. It also indicates that there have been no important decisions regarding discrimination for reasons relating to family life. The Government points out, however, that the High Authority to Combat Discrimination and Promote Equality recorded in its first annual report that 4.8 per cent of the complaints filed with its departments concerned family status. The Committee further notes that every year, the Government disseminates “key figures” on equality between men and women, which include figures on work/life balance. The Committee requests the Government to provide, in so far as it is able, recent statistics relating to balancing work and family responsibilities, disaggregated by sex, occupation and sector of activity. It requests the Government to continue to provide information on judicial and administrative decisions relating to the principle of the Convention.

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

1. Legislative developments. The Committee notes with interest the numerous measures taken by the Government to promote equality of opportunity and treatment for workers with family responsibilities. It notes in particular that section 87 of Act No. 2005-1579 introduced parental leave and a corresponding allowance and that the Act on the Financing of Social Security for 2007 established “family support” leave. The Committee also notes with interest the adoption of the Act of 23 March 2006 on Equal Pay for Men and Women. The Act requires that enterprises show the measures they have taken to promote the reconciliation of professional life and family life in the annual status report comparing general conditions of employment and training. Enterprises are also required to negotiate the working and employment conditions of part-time employees. The Committee further notes that the Act provides for financial assistance or relief for enterprises that take measures in favour of workers with family responsibilities, and consolidates employees’ entitlements to parental leave and training. The Committee requests the Government to provide information on the application of these measures and their impact in improving the conditions of work and training of workers with family responsibilities, including part-time workers.

2. Article 5 of the Convention. Childcare services. In its previous comments the Committee took note of observations by the French Democratic Confederation of Labour (CFDT) submitting that, as part of the process to combat discrimination, it is necessary to ensure that both parents have access to appropriate childcare facilities. The Committee notes that with respect to the early childhood benefit (PAJE), several measures have been implemented to promote care, maintenance and education for infants. In particular, the PAJE provides for a wider choice of childcare facilities so that parents wishing to carry on an occupational activity have a real choice of childcare. Furthermore, the introduction of the PAJE was accompanied by the launching of a plan to increase the number of places available in nurseries for children, by measures to increase the number of childminders and by a tax credit for enterprises that incur expenditure on childcare for their employees. The Committee requests the Government to continue to provide information on the measures taken to improve and increase childcare services and on the impact of these measures in terms of reconciling economic activity and family life.

3. Articles 4 and 7. Social security and training. In previous comments, the Committee took note of observations by the French Confederation of Christian Workers (CFTC) on the need for the parental education allowance to be accompanied by guarantees in terms of career development and continuity of social protection. The Committee notes from the Government’s report that as from July 2006, the new parental education leave grant to parents wishing to reduce or stop their economic activity, amounted to 50 per cent more than the former parental education allowance. The Committee also notes that the Act on Equal Pay for Men and Women extends the scope of eligible expenditure for family tax credit to enterprises’ expenditure on training for employees hired following their resignation from or termination of service during parental education leave. It also provides that periods of absence taken for parental education leave shall be counted in calculating entitlements in respect of the individual’s right to training. The Committee requests the Government to indicate the extent to which the parental education right is used and to provide information on the number of beneficiaries of this right who have undertaken occupational training during or after the leave. The Committee reiterates its request for information on the measures taken to ensure continuity of social protection for these workers during the parental education leave.

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

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. The Committee notes with interest the numerous initiatives adopted by the Government to promote equality for workers with family responsibilities and particularly section 11 of Act No. 99-477 of 1999 inserting new sections L.225-16 to L.225-19 into the Labour Code, introducing the possibility for workers with family responsibilities to reduce their working time or to take leave for a maximum period of three months to care for a child, parent or a person reaching the end of their life who is sharing the residence of the worker. The Committee requests the Government to provide information with its next report concerning the number of men and women workers making use of this leave or reducing their working time. In this respect, the Committee notes the Government’s statement that the Directorate of Social Security is considering the possibility for workers to take leave to care for elderly disabled persons and requests the Government to provide information with its next report on any development in relation to this initiative.

2. The Committee notes that section 20(VII) of Act No. 2000-1257 of 23 December 2000 on the financing of social security for 2001 amends section L.122-28-9 of the Labour Code, introducing the possibility for workers with family responsibilities to take leave to care for a child suffering an illness, accident or serious disability and to receive family allowances for this period. It notes that workers are entitled to either work part time or obtain leave for a period of four months, which is renewable up to a total period of 12 months. The Committee requests the Government to provide detailed information with its next report on how workers with family responsibilities have made use of this possibility to take remunerated leave to care for a child suffering from an illness, accident or serious disability.

3. The Committee notes that section 17 of Act No. 2001-397 of 9 May 2001 on occupational equality between men and women inserts new section L.213-4-2 into the Labour Code respecting night work carried out by workers with family responsibilities. It notes that, if night work is incompatible with the care provided by workers for a child or for another dependent person, the worker is entitled to ask to be transferred to day work. The Committee also notes that under section L.213-4-3, where so warranted by other circumstances, such as childcare or the responsibility for caring for another person, workers with family responsibilities are entitled to refuse to be placed in day work without this constituting a breach of the employment relationship justifying the dismissal of the worker.

4. The Committee notes from the Government’s statement in its report on Convention No. 111 that the Higher Council for Occupational Equality has appointed a special working group to examine the scheduling of social time and occupational time for workers, in particular the responses needed to give parents the opportunity to combine working time with family responsibilities, including care of both children and elderly persons. The Committee requests the Government to provide a copy of the conclusions of this working group with its next report.

5. While acknowledging the information provided by the Government in its report, the Committee notes that the report does not reply to all the questions raised by the Committee in its previous comments. It therefore requests the Government to provide indications with its next report of any public information and education activities that have been undertaken: to foster an understanding of the problems faced by workers with family responsibilities; indicate measures adopted or envisaged to assist workers in the civil service to reconcile their work and family responsibilities; indicate measures that have been taken to facilitate the participation of workers with family responsibilities in vocational training or guidance programmes; and indicate the meaning of the term “family situation”. The Committee would be grateful if the Government would supply information on the practical application of the Convention, including statistical data, judicial decisions, collective agreements and any relevant studies or guides developed on the subject covered by the Convention.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the comments made by the French Democratic Confederation of Labour (CFDT) and the French Confederation of Christian Workers (CFTC).

1. Further to its previous observation expressing concern over the lack of protection against discrimination based on family responsibilities, the Committee notes with satisfaction the adoption on 16 November 2001 of Act No. 2001-1066 to combat discrimination, and in particular its section 1, which amends section L.122-45 of the Labour Code, prohibiting both direct and indirect discrimination in respect of remuneration, training, reclassification, assignment, qualification, classification, promotion, transfer or contract renewal against workers due to their family situation. It further notes that the Act also amends section L.122‑45 of the Labour Code respecting the burden of proof, so that when a worker with family responsibilities presents facts from which it may be presumed that direct or indirect discrimination has occurred, it is for the defendant to prove that there has been no breach of the principle of non-discrimination. The Committee also notes that Act No. 2001 1066 inserts new sections L.122-45-1 and L.122-45-2 into the Labour Code, introducing the possibility for trade unions to submit discrimination complaints on behalf of alleged victims. The Committee requests the Government to provide information with its next report on complaints that have been lodged with respect to workers with family responsibilities and on the action taken by employers’ and workers’ organizations to facilitate the reconciliation of work and family life.

2. The Committee notes that section 55 of Act No. 2001 1246 of 21 December 2001 on the financing of social security amends sections L.122-25-4 and L.122-26 of the Labour Code, introducing more flexible provisions on family leave to encourage fathers to make greater use of their entitlement to parental leave. The Committee requests the Government to indicate with its next report the use made by fathers of parental leave.

...

4. The Committee notes the comments made by the CFDT under Convention No. 111 that, as part of the process to combat discrimination, it is necessary to ensure that adequate childcare facilities are made available so that both parents are able to fully exercise an occupational activity. The Committee requests the Government to provide information with its next report on any measures taken to provide adequate childcare facilities to facilitate workers’ reconciliation of work and family duties.

5. The Committee notes that the Government’s report once again does not contain a reply to its earlier comments on the matters raised by the CFTC concerning allowances in terms of career development and continuity of social protection. The Committee therefore reiterates its earlier request and hopes that the Government will provide an answer to this comment with its next report.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

1. The Committee notes with interest the numerous initiatives adopted by the Government to promote equality for workers with family responsibilities and particularly section 11 of Act No. 99-477 of 1999 inserting new sections L.225-16 to L.225-19 into the Labour Code, introducing the possibility for workers with family responsibilities to reduce their working time or to take leave for a maximum period of three months to care for a child, parent or a person reaching the end of their life who is sharing the residence of the worker. The Committee requests the Government to provide information with its next report concerning the number of men and women workers making use of this leave or reducing their working time. In this respect, the Committee notes the Government’s statement that the Directorate of Social Security is considering the possibility for workers to take leave to care for elderly disabled persons and requests the Government to provide information with its next report on any development in relation to this initiative.

2. The Committee notes that section 20(VII) of Act No. 2000-1257 of 23 December 2000 on the financing of social security for 2001 amends section L.122-28-9 of the Labour Code, introducing the possibility for workers with family responsibilities to take leave to care for a child suffering an illness, accident or serious disability and to receive family allowances for this period. It notes that workers are entitled to either work part time or obtain leave for a period of four months, which is renewable up to a total period of 12 months. The Committee requests the Government to provide detailed information with its next report on how workers with family responsibilities have made use of this possibility to take remunerated leave to care for a child suffering from an illness, accident or serious disability.

3. The Committee notes that section 17 of Act No. 2001-397 of 9 May 2001 on occupational equality between men and women inserts new section L.213-4-2 into the Labour Code respecting night work carried out by workers with family responsibilities. It notes that, if night work is incompatible with the care provided by workers for a child or for another dependent person, the worker is entitled to ask to be transferred to day work. The Committee also notes that under section L.213-4-3, where so warranted by other circumstances, such as childcare or the responsibility for caring for another person, workers with family responsibilities are entitled to refuse to be placed in day work without this constituting a breach of the employment relationship justifying the dismissal of the worker.

4. The Committee notes from the Government’s statement in its report on Convention No. 111 that the Higher Council for Occupational Equality has appointed a special working group to examine the scheduling of social time and occupational time for workers, in particular the responses needed to give parents the opportunity to combine working time with family responsibilities, including care of both children and elderly persons. The Committee requests the Government to provide a copy of the conclusions of this working group with its next report.

5. While acknowledging the information provided by the Government in its report, the Committee notes that the report does not reply to all the questions raised by the Committee in its previous comments. It therefore requests the Government to provide indications with its next report of any public information and education activities that have been undertaken: to foster an understanding of the problems faced by workers with family responsibilities; indicate measures adopted or envisaged to assist workers in the civil service to reconcile their work and family responsibilities; indicate measures that have been taken to facilitate the participation of workers with family responsibilities in vocational training or guidance programmes; and indicate the meaning of the term "family situation". The Committee would be grateful if the Government would supply information on the practical application of the Convention, including statistical data, judicial decisions, collective agreements and any relevant studies or guides developed on the subject covered by the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report and the comments made by the French Democratic Confederation of Labour (CFDT) and the French Confederation of Christian Workers (CFTC).

1. Further to its previous observation expressing concern over the lack of protection against discrimination based on family responsibilities, the Committee notes with satisfaction the adoption on 16 November 2001 of Act No. 2001-1066 to combat discrimination, and in particular its section 1, which amends section L.122-45 of the Labour Code, prohibiting both direct and indirect discrimination in respect of remuneration, training, reclassification, assignment, qualification, classification, promotion, transfer or contract renewal against workers due to their family situation. It further notes that the Act also amends section L.122-45 of the Labour Code respecting the burden of proof, so that when a worker with family responsibilities presents facts from which it may be presumed that direct or indirect discrimination has occurred, it is for the defendant to prove that there has been no breach of the principle of non-discrimination. The Committee also notes that Act No. 2001-1066 inserts new sections L.122-45-1 and L.122-45-2 into the Labour Code, introducing the possibility for trade unions to submit discrimination complaints on behalf of alleged victims. The Committee requests the Government to provide information with its next report on complaints that have been lodged with respect to workers with family responsibilities and on the actions taken by employers’ and workers’ organizations to facilitate the reconciliation of work and family life.

2. The Committee notes that section 55 of Act No. 2001-1246 of 21 December 2001 on the financing of social security amends sections L.122-25-4 and L.122-26 of the Labour Code, introducing more flexible provisions on family leave to encourage fathers to make greater use of their entitlement to parental leave. The Committee requests the Government to indicate with its next report the use made by fathers of parental leave.

3. The Committee notes with interest the legislative amendments introducing the possibility for workers with family responsibilities to take leave or reduce their working time to care for a child, parent or a person reaching the end of their life, to care for a child suffering an illness, accident or serious disability, and the right of night workers with family responsibilities to transfer to day work when night work is incompatible with the care to be provided for a child or for another dependent person. The Committee is addressing a request directly to the Government on the application of these provisions in practice.

4. The Committee notes the comments made by the CFDT under Convention No. 111 that, as part of the process to combat discrimination, it is necessary to ensure that adequate childcare facilities are made available so that both parents are able to fully exercise an occupational activity. The Committee requests the Government to provide information with its next report on any measures taken to provide adequate childcare facilities to facilitate workers’ reconciliation of work and family duties.

5. The Committee notes that the Government’s report once again does not contain a reply to its earlier comments on the matters raised by the CFTC concerning allowances in terms of career development and continuity of social protection. The Committee therefore reiterates its earlier request and hopes that the Government will provide an answer to this comment with its next report.

The Committee is raising other points in a request addressed directly to the Government.

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

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

1.  The Committee notes the parental allowance for bringing up children intended for whichever parent leaves work, either entirely or partially (in the latter case a part allowance is paid), to look after a second or subsequent child (since July 1994) during the period preceding entry to nursery school. It also notes the qualifying conditions for the allowance for caring for a child at home and for assistance to families for the employment of an approved maternal assistant. It notes that these two types of allowance are granted until the child (or the last child) reaches the age of six years and are designed to reduce the social contributions paid by parents who are linked to and employing a child carer or maternal assistant.

2.  The Committee notes, however, that the Government does not reply to the question raised in its previous direct request, namely how the "other members of their immediate family who clearly need care or support" are defined for the purposes of the application of the Convention. With reference to the definition of family responsibilities set out in Article 1 of the Convention, it once again requests the Government to supply information on any policy or measure adopted to assist workers with family responsibilities relating to the members of their immediate family other than dependent children.

3.  The Committee also once again requests the Government to indicate the measures which have been taken to assist workers in the civil service in reconciling their work and family responsibilities.

4.  The Committee notes the report on the economic aspects of equality between women and men drawn up by Mrs. Béatrice Majnoni d’Intignano, at the Government’s request, of which the central issue is the reconciliation of women’s employment, which is desirable at the macroeconomic level, with family activities which contribute decisively to individual well-being. Highlighting the economic potential of an increase in women’s employment, the report advocates a number of measures intended to exploit this potential to the maximum, particularly by alleviating the time constraints related to family responsibilities which are a burden for women. The report also proposes that discussions on demography, occupational equality between women and men, and the improvement of the quality of life should be held at the European level. The Committee would be grateful if the Government would provide information on the effect given to these recommendations in its national social policy.

5.  Finally, the Committee hopes that the Government will supply the necessary information on the following points raised in its previous direct request, to which it has still not replied:

  Article 6.  The Committee requests the Government to kindly indicate any public information and education activities that have been undertaken to foster an understanding of problems faced by workers with family responsibilities, particularly in the light of the promotion of equal opportunity and treatment between men and women.

  Article 7.  The Committee notes the priority status given to workers with family responsibilities in access to vocational training courses. It requests the Government to provide information on any other measures that have been taken to facilitate the participation of workers with family responsibilities in vocational training or guidance programmes.

  Article 8.  The Committee notes that family situation cannot constitute a valid reason for termination of employment pursuant to the Labour Code and requests the Government to indicate, in this context, the meaning of the term "family situation". It also requests the Government to provide information on any existing measures that protect workers in the public service against dismissal on the grounds of family responsibilities.

  Parts IV and V of the report form.  The Committee would be grateful if the Government would supply information on the practical application of the Convention including statistical data, court decisions, collective agreements and any relevant studies or guides developed on the subject matter.

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

1.  In its previous observation, the Committee noted the comments made by the French Confederation of Christian Workers (CFTC) relating to the parental allowance for bringing up children and the guarantees which should also be accorded to beneficiaries of the allowance in terms of career development and continuity of social protection. It also noted the comments of the French Democratic Confederation of Labour (CFDT) concerning the needs of workers with family responsibilities. The Committee notes that the Government’s report contains no reply to the concerns expressed by these trade unions.

2.  The Committee notes that according to the 1998 review of collective bargaining, attached to the Government’s report, the social partners continued to seek a better reconciliation of working life and family life, as reflected in the granting of leave for childcare. It notes, however, the concerns expressed by the French Democratic Confederation of Labour (CFDT) in its 1994 communication concerning the allowance of measures to take into account the family responsibilities of workers in relation to other immediate family members requiring their care or support, such as adolescents in difficulty, and elderly or disabled relatives. It hopes that the Government will provide a reply to these matters in its next report.

3.  The Committee also recalls the concerns expressed by the CFDT, in relation to Article 8 of the Convention, according to which the protection envisaged in sections L.122-45 and L.123-1 of the Labour Code against discrimination based on family situation is far from meeting the real needs of workers with family responsibilities and that there is currently no provision in French legislation prohibiting discrimination in employment against these workers. The Committee therefore requests the Government to supply information on the national policy and legislative measures intended to protect workers with family responsibilities against discrimination, including dismissal, and to promote equality of opportunity and treatment for them.

4.  The Committee hopes that the Government will do its utmost in future reports to reply to the concerns expressed and to provide detailed information on the manner in which these fundamental aspects of the Convention are applied in France.

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

The Committee notes the information provided in the report of the Government concerning the Committee's previous comments.

1. The Committee notes that, for the purposes of determining eligibility for the payment of family allowances, dependent children are those under the age of 18 years (in the case of those who are unemployed) or 20 years (in the case of apprentices, young persons undertaking vocational training, disabled children and students) for whom a parent assumes effective and permanent responsibility. The Committee 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.

2. The Committee has noted a number of benefits mentioned by the Government to assist parents to harmonize their work and family responsibilities, including the parental education allowance and financial aid to employ a mother's help. The Committee would be grateful if the Government would furnish more detail on the extent to which these or any other similar benefits have been made available.

3. The Committee again requests the Government to provide full information on the other matters raised in the Committee's previous comments, which read as follows:

Article 2. The Committee notes that the Labour Code provisions giving effect to the Convention cover only private sector employees. It would be grateful if the Government would communicate information on the specific categories of workers to which the relevant Labour Code provisions apply as well as how the Convention is applied to workers in the public service.

Article 3. (1) The Committee notes the legislative protection against discrimination on grounds of family situation contained in sections L.122-45 and L.123-1 of the Labour Code. It also notes the legislative provisions concerning maternity protection, and parental educational leave and collective agreement provisions concerning child sick leave; however, no specific provisions appear to provide assistance to workers with their family responsibilities toward other members of their immediate family. In this regard the Committee refers to the definition of family responsibilities in Article 1 of the Convention and requests the Government to provide information on any policy or measures which may have been taken to assist workers with responsibilities to members of their immediate family other than dependent children. It also requests the Government to indicate the meaning of the term "family situation" contained in the Labour Code upon which protection against discrimination is provided.

(2) Noting the Government's statement that the reconciliation of work and family life for workers is an aim of national social policy, the Committee requests the Government to indicate the specific contents of the policy and the manner in which it is promoted.

Article 4. (1) The Committee requests the Government to indicate the measures that have been taken to enable workers in the public service to reconcile their employment and family responsibilities. (2) With respect to the implementation of the parental educational leave, the Committee requests the Government to supply information on its availability in practice to employees in undertakings employing under 100 employees.

Article 5. The Committee notes the information in the Government's report concerning the existence of child-care facilities in 1989 and it requests the Government to indicate in its next report whether the child-care facilities meet their present demand and, if not, whether measures are being taken to attempt to satisfy that demand. In this regard the Committee requests the Government to provide information on the Government's policy on child care, including any evaluation of the implementation of the policy. The Committee would also be grateful if the Government would indicate other family services which exist to assist workers in reconciling their work and family responsibilities.

Article 6. The Committee requests the Government to kindly indicate any public information and education activities that have been undertaken to foster an understanding of problems faced by workers with family responsibilities, particularly in the light of the promotion of equal opportunity and treatment between men and women.

Article 7. The Committee notes the priority status given to workers with family responsibilities in access to vocational training courses. It requests the Government to provide information on any other measures that have been taken to facilitate the participation of workers with family responsibilities in vocational training or guidance programmes.

Article 8. The Committee notes that family situation cannot constitute a valid reason for termination of employment pursuant to the Labour Code and requests the Government to indicate, in this context, the meaning of the term "family situation". It also requests the Government to provide information on any existing measures that protect workers in the public service against dismissal on the grounds of family responsibilities.

Points IV and V of the report form. The Committee would be grateful if the Government would supply information on the practical application of the Convention including statistical data, court decisions, collective agreements and any relevant studies or guides developed on the subject-matter.

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

1. The Committee notes the comments transmitted by the French Confederation of Christian Workers (CFTC) which indicate that consideration is being given to making the receipt of the family allowance (allowance paid for children) a matter of free choice. According to the CFTC, this allowance of three-quarters of the minimum wage, which is granted as from the second child to one of the working parents, should be offered as of choice so that its grant does not amount to a tax penalty. One of the conditions of such a development should, states the CFTC, be to guarantee both that the spouse who has chosen to receive the allowance not be prevented from also pursuing a career in the normal way and that he/she continue to receive social protection, especially as concerns retirement.

2. The Committee also notes the comments of the French Democratic Confederation of Labour (CFDT) which state that no measures actually exist in French law to proscribe discrimination in employment for workers with family responsibilities so as to enable them to harmonize their family and professional lives. Even though an employment contract may be suspended for three years after the birth or adoption of a child, no such possibility exists in other circumstances as when, for example, an adolescent has a serious problem with drugs or has attempted suicide or when an aged parent is near death. There is no entitlement for workers to obtain leave to care for a sick child, nor is there the possibility for them to interrupt their employment or reduce their working hours to provide care and support for family members.

3. The CFDT refers to Article 8 of the Convention (which provides that family responsibilities shall not, as such, constitute a valid reason for termination of employment), and notes that if workers with family responsibilities need time to care for an ill child, an aged parent or an adolescent in trouble, they must formally resign from their jobs. If it is true, states the CFDT, that a significant effort has been made by France - compared to that made by other countries - to develop ways of caring for young children, then these efforts are far from meeting the actual needs in respect of, for example, sick children, care for children outside of school-hours and activities for adolescents.

4. The Committee notes the concerns expressed by the CFTC and the CFDT and invites the Government's comments on the matters raised in its next report.

5. The Committee is also addressing a direct request to the Government on certain points.

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

The Committee notes the information contained in the Government's first report. It would be grateful if the Government would provide additional information on the following points.

Article 1 of the Convention. The Committee would be grateful if the Government would indicate in its next report the definitions given to the terms "dependent children" and "other members of the immediate family who clearly need their care and support" for purposes of applying the terms of the Convention.

Article 2. The Committee notes that the Labour Code provisions giving effect to the Convention cover only private sector employees. It would be grateful if the Government would communicate information on the specific categories of workers to which the relevant Labour Code provisions apply as well as how the Convention is applied to workers in the public service.

Article 3. (1) The Committee notes the legislative protection against discrimination on grounds of family situation contained in sections L.122-45 and L.123-1 of the Labour Code. It also notes the legislative provisions concerning maternity protection, and parental educational leave and collective agreement provisions concerning child sick leave; however no specific provisions appear to provide assistance to workers with their family responsibilities toward other members of their immediate family. In this regard the Committee refers to the definition of family responsibilities in Article 1 of the Convention and requests the Government to provide information on any policy or measures which may have been taken to assist workers with responsibilities to members of their immediate family other than dependent children. It also requests the Government to indicate the meaning of the term "family situation" contained in the Labour Code upon which protection against discrimination is provided.

(2) Noting the Government's statement that the reconciliation of work and family life for workers is an aim of national social policy, the Committee requests the Government to indicate the specific contents of the policy and the manner in which it is promoted.

Article 4. (1) The Committee requests the Government to indicate the measures that have been taken to enable workers in the public service to reconcile their employment and family responsibilities. (2) With respect to the implementation of the parent educational leave, the Committee requests the Government to supply information on its availability in practice to employees in undertakings employing under 100 employees. (3) The Committee would be grateful if the Government would continue to communicate information on the measures taken to enable workers to better integrate their work and family responsibilities. (4) It also requests the Government to provide information on any social security benefits which exist or are contemplated to take account of the needs of both men and women workers with family responsibilities.

Article 5. The Committee notes the information in the Government's report concerning the existence of child-care facilities in 1989 and it requests the Government to indicate in its next report whether the child-care facilities meet their present demand and, if not, whether measures are being taken to attempt to satisfy that demand. In this regard the Committee requests the Government to provide information on the Government's policy on child care, including any evaluation of the implementation of the policy. The Committee would also be grateful if the Government would indicate other family services which exist to assist workers in reconciling their work and family responsibilities.

Article 6. The Committee requests the Government to kindly indicate any public information and education activities that have been undertaken to foster an understanding of problems faced by workers with family responsibilities, particularly in light of the promotion of equal opportunity and treatment between men and women.

Article 7. The Committee notes the priority status given to workers with family responsibilities in access to vocational training courses. It requests the Government to provide information on any other measures that have been taken to facilitate the participation of workers with family responsibilities in vocational training or guidance programmes.

Article 8. The Committee notes that family situation cannot constitute a valid reason for termination of employment pursuant to the Labour Code and requests the Government to indicate, in this context, the meaning of the term "family situation". It also requests the Government to provide information on any existing measures that protect workers in the public service against dismissal on the grounds of family responsibilities.

Points IV and V of the report form. The Committee would be grateful if the Government would supply information on the practical application of the Convention including statistical data, court decisions, collective agreements and any relevant studies or guides developed on the subject-matter.