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Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2 of the Convention. Workers covered. Since 2006, the Committee has repeatedly requested the Government to provide information on the measures taken or envisaged to benefit temporary workers with family responsibilities. The Committee notes that in its report, the Government simply indicates that the labour legislation in force applies to temporary workers without distinction. However, in the light of the fact that workers with family responsibilities are particularly vulnerable to discrimination in employment and occupation, especially temporary workers who can be at risk of not having their contract renewed, the Committee requests the Government to indicate the manner in which it is ensured that such workers can assert their right to work without being subject to discrimination on the basis of their family responsibilities. Please provide information on any relevant judicial or administrative decisions in this regard.
Article 3. National policy. In its previous comments, the Committee requested the Government to provide information on the progress achieved in drawing up a national policy for workers with family responsibilities. The Government reports that, while no specific policy has been adopted in that respect, a range of measures have been adopted. Firstly, the Government indicates a range of legislative measures, including: (i) section 29 of the Labour Code of 1972 which establishes two days of paid leave per month, with a maximum of 15 days per year to meet family obligations, in relation to the death or serious illness of a spouse, ancestor or descendant; (ii) the amendment in 2013 of section 29 of the Labour Code which includes three days’ paid paternity leave for private sector workers on a birth or adoption; in the same year, the same measure was established for public sector workers, in addition to section 9 of the Act providing for holidays, public holidays and time off for public sector workers; (iii) section 113 of the Labour Code prohibiting dismissal during pregnancy and maternity leave; (iv) section 246 of the Penal Code of 1998, prohibiting acts of labour discrimination due to pregnancy; and (v) laws offering protection in the public and private sectors for breastfeeding (the 2013 Act on the promotion and support of breastfeeding, the 2013 Act on the comprehensive protection of childhood and youth, and the 2010 General Act on the prevention of risks in the workplace). In addition to these legislative measures, the Government adds that it has adopted: (i) a 2014–19 Five-Year Development Plan, setting out measures to promote gender equality, including the need to set up a care programme for children between 0 and 3 years, elderly persons and persons with disabilities; (ii) a 2011–14 National Policy on Women, establishing care as a shared responsibility between the State, families and the private sector. The National Policy on Women includes measures such as the creation of a national care system, the promotion of shared care by mothers and fathers through labour policies in public and private companies and extending the coverage of initial childcare for children between 0 and 3 years, in accordance with parents’ working hours; and (iii) a National Policy on Social Co-responsibility for Care. The Government notes that it has included family co-responsibility in various government policies and other measures are expected to be adopted. Finally, the Government reports that, in 2015, the Inter-Sectoral Monitoring Committee was set up to adopt the policy, and was composed of several governmental agencies, with technical assistance from the Economic Commission for Latin America and the Caribbean and international cooperation agencies. The Committee notes the general and institutional measures adopted for workers with family responsibilities. The Committee requests the Government to provide information on the practical measures implemented within the framework of the 2014–19 Five-Year Development Plan and the 2011–14 National Policy on Women, in order to ensure that persons with family responsibilities who are engaged or wish to engage in employment can assert their right to do so without being subject to discrimination and, as far as possible, without conflict between their family and occupational responsibilities; and also on the adoption of the National Policy on Social Co-responsibility for Care.
Articles 4 and 7. Equality of opportunity and treatment. The Committee previously requested the Government to continue providing information on the implementation of the National Employment Plan, the National Employment Policy and the Act on equality, equity and the elimination of discrimination against women in terms of the application of the Convention and, in particular, on the specific measures adopted to enable workers with family responsibilities to be able to enter and remain in the labour force, and to return to the labour force following an absence due to those responsibilities. The Committee notes the information provided by the Government on the various programmes and measures aimed at promoting gender equality in relation to the objective of the Convention. Accordingly, in 2013, action was taken to promote care enterprises, through the formulation of legal and institutional reforms for the implementation of measures for the sharing of family responsibilities between men and women, so that women entrepreneurs can develop their skills and businesses. Centres were also set up to provide care for children and elderly and dependent persons in order to alleviate women entrepreneurs’ burden of care work. The Committee welcomes the measures taken and requests the Government to continue to provide information on the specific measures taken or envisaged to ensure that workers with family responsibilities can enter and remain in the labour force, and return to the labour force following an absence due to those responsibilities.
Article 5. Community services. The Committee previously requested the Government to provide information on the measures compatible with national conditions and possibilities to develop or promote public or private community services (such as kindergartens) to take into account the needs of workers with family responsibilities, and to provide statistical information disaggregated by sex on the availability of such facilities and the number of workers benefiting from them. The Government indicates in its report that the Act on the comprehensive protection of childhood and youth establishes a “national system for the comprehensive protection of childhood and youth” (INSA) which established the Child Welfare Centres (CBI). Those centres provide childcare for children aged 2 to 7 years from vulnerable urban areas for half or full days (11 hours). By the first quarter of 2015, there were 190 centres in the country’s 14 departments, covering 111 municipalities and providing childcare for 4,852 children. Integral Development Centres were also established to provide formal education to children aged from 6 months to 7 years. The centres are usually managed by local government, providing childcare services for the children of municipal market workers and street vendors. In the first quarter of 2015, there were 15 such centres caring for 1,452 children. The Government reports that programmes to reintegrate young mothers into education who dropped out due to maternity include the cost of childcare as a financial incentive. The Government indicates that in the first quarter of 2015, there were 121 public centres providing childcare services for children between 0 and 3 years, and that 59 of them were located in rural areas and 62 in urban areas. There are 2,983 children attending these centres. Two hundred private centres are also registered, six of which are located in rural areas. These centres provide childcare for 4,598 children. In 2013, the Government also adopted the Universal Social Protection System (SPSU) which promotes community services that take account of the needs of workers with family responsibilities, including: (i) a basic universal pension and essential care for elderly persons over 70; (ii) school meals; and (iii) the provision of uniforms, shoes and school materials. The Committee notes, however that, in its concluding observations, the United Nations Committee for the Elimination of all Forms of Discrimination against Women (CEDAW) expressed concern at the fact that women continue to spend three times as much time as men on domestic work and that there is a lack of childcare facilities (CEDAW/C/SLV/CO/8-9, 3 March 2017, paragraphs 40(b) and (c)). The Committee requests the Government to provide up-to-date information on: (i) the supply and demand for care services and facilities providing care for children and other family members of workers with family responsibilities, who clearly require their care, both in urban and rural areas; and (ii) any other measures envisaged to improve the availability, accessibility, adequacy and quality of childcare and family services and facilities for workers with family responsibilities.
Article 6. Information and education. In its previous comments, the Committee emphasized the importance of the existence of true awareness of the problems confronting workers with family responsibilities and the need to take measures as a basis for establishing effective equality of opportunity and treatment in the labour market. The Committee notes the detailed information provided on the activities and programmes to promote the right to gender equality, as well as institutional coordination mechanisms for monitoring and evaluation. The Committee also notes that, in its concluding observations, the Committee for the Elimination of all forms of Discrimination against Women recommended the State to raise awareness among women and men of their equal family responsibilities, encourage men to participate equally in child-rearing and household responsibilities and introduce flexible working hours for women and men in both the public and private sectors (CEDAW/C/SLV/CO/8-9, 3 March 2017, paragraph 41(b)). In this respect, the Committee emphasizes the importance of conducting regular awareness-raising and education campaigns in order to improve the public’s understanding of the difficulties faced by workers with family responsibilities. The Committee requests the Government to provide information on the measures taken or envisaged to improve the public’s understanding, by means of information and education, of the principle of equality of opportunity and treatment for workers with family responsibilities and workers without family responsibilities; and of the benefits of gender equality for society, families and the workplace.
Articles 9 and 11. Collective agreements, work rules, arbitration awards, court decisions, right to participate of employers’ and workers’ organizations. The Committee notes the Government’s indication that the principle of the Convention has not been widely developed within the framework of collective bargaining, and that it refers to the collective agreement of the El Salvador Social Security Institute as an exceptional case, which includes measures to extend maternity leave, and regulates the right to breastfeed in addition to leave for moving house. The Committee requests the Government to provide information on the measures taken or envisaged, in consultation with the social partners, with a view to promoting the inclusion in collective agreements, work rules and arbitration awards of provisions that encourage non-discrimination for workers with family responsibilities.
Practical application. In its previous comment, the Committee requested the Government to provide information on the possibility that the Secretariat for Social Inclusion and the General Directorate of Statistics and Censuses could develop systematic indicators on workers with family responsibilities. In this respect, the Government reports that the 2016 National Policy on Women provides for the collection and systemization of statistical data relating to the Convention. Based on the Time Use Survey, since 2010, assessments of the labour market and women and men’s participation have been made. In addition, the General Directorate of Statistics and Censuses has drawn on the Household Survey to produce reports and a range of proposals on labour underutilization and on decent work, the persistence of occupational segregation, widespread lack of protection and informality, particularly for the work performed by women, and overburdening of women who take on unpaid household and care work. The Committee requests the Government to provide information on the indicators on workers with family responsibilities that were used for the 2016 National Policy on Women. The Committee also requests the Government to provide statistical information on workers with family responsibilities disaggregated by sex, age, occupation and sector, and on their participation rate in the labour force, employment rate (full and part-time), unemployment rate, average working hours and levels of pay.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 2 of the Convention. Workers covered. The Committee notes the extensive information provided by the Government on vocational training activities, technical assistance and the promotion of cooperatives intended for men and women workers in general in the various economic sectors. However, noting that the Government has not provided information on this subject, the Committee requests the Government to indicate the measures adopted or envisaged for the benefit of temporary workers with family responsibilities.
Article 3. National plan. The Committee notes the Government’s indication that a national policy on workers with family responsibilities has not been adopted at present. Recalling that the Convention refers to the need to include among the aims of national policy that of enabling persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities, the Committee asks the Government to provide information on the progress achieved in this respect in its next report.
Articles 4 and 7. The Committee notes the information provided by the Government concerning the implementation of the National Employment Plan and the formulation of a National Employment Policy. The Government provides information on the specific measures and projects formulated for the generation of employment and indicates that the majority of the users (51 per cent) of the National Employment Service are women. It also refers to the plans for the reintegration into the labour market of women who are family breadwinners, the activities undertaken in response to specific requests for the training of workers and the creation of flexible education programmes. The Committee notes the progress achieved in the social coverage of children and its extension up to 12 years of age, and the plans to extend social protection to agricultural workers and women domestic workers. The Committee further notes the criteria established by the Act respecting equality, equity and the eradication of discrimination against women with regard to the provision of grants to women who have had to delay their studies for reasons of maternity and the prohibition impeding the access of women to education for reasons of pregnancy. The Government also refers to the organization of health centres providing care at night and the National Maternal Nursing Policy. The Committee requests the Government to continue providing information on the implementation of the National Employment Plan, the National Employment Policy and the Act respecting equality, equity and the eradication of discrimination against women in relation to the application of the Convention, and particularly on the specific measures adopted to enable workers with family responsibilities to be able to enter and remain in the labour force, and to return to work following absence due to such responsibilities.
Article 5. The Committee notes the extensive information provided by the Government concerning the promotion of employment and occupation for the most vulnerable categories of the population. The Committee requests the Government to provide information on measures compatible with national conditions and possibilities to develop or promote public or private community services (such as kindergartens) to take into account the needs of workers with family responsibilities. The Committee asks the Government to provide statistical data on the availability of such facilities and the number of workers benefiting from them, disaggregated by sex.
Article 6. The Committee notes the information provided by the Government on the inspections carried out in the maquila sector and its indication that the Act respecting equality, equity and the eradication of discrimination against women establishes the requirement to develop attitudes of shared responsibility between women and men in the tasks of maintenance and care for the home environment, the family and elderly persons. The Committee also notes the copies of the educational brochures prepared concerning gender equality. Recalling the importance of the existence of true awareness of the problems confronting workers with family responsibilities and the need to adopt measures as a basis for establishing effective equality of opportunity and treatment in the labour market, the Committee requests the Government to continue providing information on the specific measures adopted under the Act respecting equality, equity and the eradication of discrimination against women.
Articles 9 and 11. The Committee notes the court decisions referred to in the Government’s report. The Committee requests the Government to provide information on the provisions and measures relating to the application of the Convention which have been adopted through collective bargaining, and on any other manner in which workers’ and employers’ organizations participate in the adoption of measures to give effect to the Convention.
Part V of the report form. The Committee notes that the Secretariat for Social Inclusion is examining the possibility of organizing the development of systematic indicators on workers with family responsibilities together with the National Directorate of Statistics and Census. The Committee requests the Government to continue providing information on this subject.

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

Article 2 of the Convention. Workers covered. The Committee notes the extensive information provided by the Government on vocational training activities, technical assistance and the promotion of cooperatives intended for men and women workers in general in the various economic sectors. However, noting that the Government has not provided information on this subject, the Committee requests the Government to indicate the measures adopted or envisaged for the benefit of temporary workers with family responsibilities.
Article 3. National plan. The Committee notes the Government’s indication that a national policy on workers with family responsibilities has not been adopted at present. Recalling that the Convention refers to the need to include among the aims of national policy that of enabling persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities, the Committee asks the Government to provide information on the progress achieved in this respect in its next report.
Articles 4 and 7. The Committee notes the information provided by the Government concerning the implementation of the National Employment Plan and the formulation of a National Employment Policy. The Government provides information on the specific measures and projects formulated for the generation of employment and indicates that the majority of the users (51 per cent) of the National Employment Service are women. It also refers to the plans for the reintegration into the labour market of women who are family breadwinners, the activities undertaken in response to specific requests for the training of workers and the creation of flexible education programmes. The Committee notes the progress achieved in the social coverage of children and its extension up to 12 years of age, and the plans to extend social protection to agricultural workers and women domestic workers. The Committee further notes the criteria established by the Act respecting equality, equity and the eradication of discrimination against women with regard to the provision of grants to women who have had to delay their studies for reasons of maternity and the prohibition impeding the access of women to education for reasons of pregnancy. The Government also refers to the organization of health centres providing care at night and the National Maternal Nursing Policy. The Committee requests the Government to continue providing information on the implementation of the National Employment Plan, the National Employment Policy and the Act respecting equality, equity and the eradication of discrimination against women in relation to the application of the Convention, and particularly on the specific measures adopted to enable workers with family responsibilities to be able to enter and remain in the labour force, and to return to work following absence due to such responsibilities.
Article 5. The Committee notes the extensive information provided by the Government concerning the promotion of employment and occupation for the most vulnerable categories of the population. The Committee requests the Government to provide information on measures compatible with national conditions and possibilities to develop or promote public or private community services (such as kindergartens) to take into account the needs of workers with family responsibilities. The Committee asks the Government to provide statistical data on the availability of such facilities and the number of workers benefiting from them, disaggregated by sex.
Article 6. The Committee notes the information provided by the Government on the inspections carried out in the maquila sector and its indication that the Act respecting equality, equity and the eradication of discrimination against women establishes the requirement to develop attitudes of shared responsibility between women and men in the tasks of maintenance and care for the home environment, the family and elderly persons. The Committee also notes the copies of the educational brochures prepared concerning gender equality. Recalling the importance of the existence of true awareness of the problems confronting workers with family responsibilities and the need to adopt measures as a basis for establishing effective equality of opportunity and treatment in the labour market, the Committee requests the Government to continue providing information on the specific measures adopted under the Act respecting equality, equity and the eradication of discrimination against women.
Articles 9 and 11. The Committee notes the court decisions referred to in the Government’s report. The Committee requests the Government to provide information on the provisions and measures relating to the application of the Convention which have been adopted through collective bargaining, and on any other manner in which workers’ and employers’ organizations participate in the adoption of measures to give effect to the Convention.
Part V of the report form. The Committee notes that the Secretariat for Social Inclusion is examining the possibility of organizing the development of systematic indicators on workers with family responsibilities together with the National Directorate of Statistics and Census. The Committee requests the Government to continue providing information on this subject.

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

1. Article 2 of the Convention. The Committee takes note of the vocational training, technical and financial assistance activities and the promotion of cooperatives aimed at men and women workers in export processing zones as well as indigenous peoples. The Committee notes that there have also been activities conducted by the Salvadorian Institute for the Development of Cooperatives (INSAFOCOOP), the Ministry of Education through its Adult Education Programme, the Ministry of Agriculture through rural development projects, the National Commission for Micro and Small Enterprises (CONAMYPE) and the Ministry of Labour and Social Welfare in coordination with the Salvadorian Institute for the Advancement of Women (ISDEMU), in areas with a high concentration of indigenous people to help them to enter and remain in the labour market, from which workers with family responsibilities have also benefited. The Committee requests the Government to provide information on the practical effects of these activities, including statistical information where possible. Please also indicate the measures adopted or envisaged in the interests of temporary workers with family responsibilities as a category of workers covered by the Convention.

2. Article 3, paragraph 1. With regard to the adoption by the Government of a policy to enable persons with family responsibilities to exercise their right to attain and engage in employment without conflict between their family and employment responsibilities, the Committee notes that the Government has taken account of its request for information, and trusts that it will be in a position to provide the information in its next report.

3. Articles 4 and 7. The Committee notes the Government’s statement that the National Employment Plan supports the application of the Convention because it involves a variety of actions including the implementation of a National Employment Opportunities Network. The National Employment Opportunities Network provides opportunities for work and training, including through a cooperation agreement with the Association for the Development of Single Mothers and Widows Who are Heads of Family, in communities that have no access to such services because they lack the means or are remote. It also notes the coverage provided by the Salvadorian Social Security Institute (ISSS), in particular for children under 12 years of age, and the coverage target for the next few years, as well as the comprehensive programmes providing services to help workers with family responsibilities to enter, remain in or re-enter the labour market. It also notes the flexibility in the design, timetables and locations of training courses referred to by the Government in its report, for example, the training for work programme (HABIL). The Government is asked to continue to send information on the effect given in practice to the National Employment Plan as it relates to the provisions of the Convention, and on progress in the plan to extend social coverage for children.

4. Article 5. The Committee notes the health programmes and the strategies for vocational training and labour market integration that are being implemented with a view to facilitating the integration of the most vulnerable groups into the workforce. The Committee would be grateful if the Government would provide information in its next report on the measures taken or envisaged to accommodate the needs of workers with family responsibilities in community planning and to develop or promote public and private community services, in accordance with the provisions of the Convention.

5. Article 6. The Committee notes the information supplied by the Government to the effect that various outreach and training campaigns are being organized for employers and workers on equality of opportunity and treatment between men and women workers, and that various promotional materials such as posters, brochures and handbooks on labour rights and obligations are being distributed throughout the country for this purpose. It also notes that according to the Government, the Salvadorian Institute for the Advancement of Women, acknowledging the existence of women heads of household, has been pursuing efforts to raise public awareness about fair gender relations. The Committee asks the Government to provide more detailed information on the activities carried out to promote public awareness, focusing in particular on organizations of workers and employers, regarding the problems encountered by workers with family responsibilities and the need for measures to secure effective equality of opportunity and treatment in the labour market through the reconciliation of family and employment responsibilities. Please provide examples of publications produced for this purpose.

6. Article 8. The Committee requests the Government to keep it informed regarding the possibility of promoting or adopting legislative or administrative measures to ensure that effect is given to this provision of the Convention.

7. Article 9. The Committee notes that the Government refers to decisions handed down by Salvadorian courts concerning the applicability of the provisions of the Convention. No copies of the decisions have been received by the Committee and the Committee hopes that they will be sent with the next report.

8. Article 11. The Committee trusts that the Government will be in a position to provide information in its next report on the activities carried out by the Higher Labour Council to give effect to the provisions of the Convention.

9. Part V of the report form. The Committee notes that it is the Government’s intention to promote the inclusion of a special model for the identification and systematization of indicators of workers with family responsibilities in the Multi-purpose Household Survey conducted by the Directorate of Statistics and Censuses of the Ministry of Economy. The Committee would be grateful if the Government would report on the progress in this regard.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its first report. It also notes the comments of 12 September 2002 submitted by the Inter-Union Committee (CATS-CTD-CGT-CTS-CSTS-CUTS), and the Government’s reply of 18 December 2002 thereto.

Article 2 of the Convention. The Committee notes the information provided by the Government in its first report that measures relating to this Convention are being applied in all branches of economic activity (industry, commerce, services and agriculture). It also notes the information on the adoption of measures for the creation of new women’s cooperative associations in the maquila sector.  Please provide information on the measures adopted or envisaged for workers with family responsibilities from minority groups such as indigenous and tribal people and for workers in export processing zones and in the domestic sectors.

Article 3, paragraph 1. The Committee notes the information provided by the Government in its first report indicating that the National Secretariat for the Family (SNF), together with the Salvadorean Institute for Women’s Development (ISDEMU), and other entities, are contributing to the formulation of a national policy on women to provide equality of opportunity with men and promote the equal sharing of responsibilities by both men and women. It also notes that, according to the Inter-Union Committee’s communication the absence of a national policy for workers with family responsibilities makes it difficult or impossible for such workers, women in particular, to enter the labour market under conditions of equality of opportunity. The Inter-Union Committee also points out that, in collaboration with the private sector, actions are being encouraged to limit the number of children in workers’ families. The Committee would be grateful if the Government would provide more information in its future reports on the adoption of a policy to enable persons with family responsibilities to exercise their right to obtain and engage in employment without conflict between their family and employment responsibilities.

Article 4. The Committee notes the information provided by the Government in reply to the Inter-Union Committee’s assertion that the Ministry of Labour and Social Welfare is developing a national employment plan covering both the public and private sectors. It also notes that according to the Government, the income-generating capacities of heads of households are being reinforced through the grant of microcredits to micro-entrepreneurs and direct technical assistance. The Committee requests the Government to provide information on the manner in which the national employment plan and the Salvadorean Social Security Institute contribute to implementing the provisions of the Convention, giving examples of terms and conditions of employment and of social security benefits.

Article 5. The Committee notes the Inter-Union Committee’s assertion that there has been no promotion of public or private community services or childcare and family services facilities. The Committee wishes to emphasize the importance of carrying out studies on the changing roles of women and men in the family and workplace, in order to determine the practices which best apply the provisions of the Convention. It also wishes to point out by way of example that the General Survey of 1993 on workers with family responsibilities mentions, among other measures, the organization of accessible and home-based care services for children and sick persons; the assessment of the needs of workers with family responsibilities; the provision of childcare services outside as well as during regular school hours and school sessions; housing subsidies; adequate means of transport allowing workers with family responsibilities to coordinate their family responsibilities with their employment responsibilities. In view of the above, the Committee requests the Government to provide information in its next report on the measures adopted or envisaged to accommodate the needs of workers with family responsibilities in community planning and to develop or promote community services, both public and private.

Article 6. The Committee notes the information provided by the Government in its first report indicating that educational events on gender issues were organized in the Ministry of Labour for its staff, including labour inspectors and delegates. It also notes that, in collaboration with the Press and Public Relations Unit, the rights of women workers continue to be disseminated in enterprises and government institutions, and among the public and students, and that one of the main aims of the Action Plan of the National Policy on Women for 2002-04 is to encourage the media to project an image of women which is non-discriminatory and free from gender stereotypes. The Committee also notes the information provided by the Inter-Union Committee in its comments that no information or education measures are being taken to promote broader understanding of the problems of workers with family responsibilities. The Committee trusts that in its next report the Government will provide further information on the activities carried out to raise public awareness, particularly in employers’ and workers’ organizations; of the problems facing workers with family responsibilities, and of the need to adopt measures enabling them to enjoy in practice equality of opportunity and treatment in the labour market by combining both family and employment responsibilities. Please also provide copies of any publications made for this purpose.

Article 7. The Committee notes the information contained in the Government’s first report that the Salvadorean Institute of Vocational Training (INSAFORP) organizes and implements training programmes for women and men heads of household. It also indicates that the national employment plan includes activities relating to the vocational training system. The Government is asked to provide detailed information in its next report on the specific measures that have been adopted or are envisaged to enable workers with family responsibilities to join and remain in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Article 8. The Committee would be grateful if the Government would consider the possibility of promoting or securing, as appropriate, the adoption of legislative and administrative measures to ensure that this provision of the Convention is applied, such as prohibiting the dismissal of workers who have to avail themselves of the various forms of leave allowed by law or under agreements to fulfil their family responsibilities. Examples of the manner in which a number of countries have regulated this matter are to be found in paragraph 125 of the General Survey of 1993 on workers with family responsibilities.

Article 9. In view of the Convention’s flexibility, the Committee trusts that the Government will include in its future reports copies of decisions adopted by ordinary or other courts, awards, collective agreements, works’ rules or other instruments which make it possible to assess the implementation of its provisions.

Article 11. The Committee also notes that according to the Government the tripartite advisory body that ensures the participation of employers’ and workers’ organizations is the Higher Labour Council, which has established two study groups to review labour legislation. The Committee also notes the Inter-Union Committee’s assertion that the workers’ organizations were not informed, consulted or taken into account in any way in the formulation of public policy measures to secure compliance with the national and international standards that protect the many workers who have family responsibilities. The Committee requests the Government to provide information in its next report on the activities carried out by the above tripartite advisory body to apply the provisions of the Convention.

Part V of the report form. The Committee would be grateful if the Government would provide in its next report extracts of reports, studies and inquiries on the application of the Convention in practice taking into account the type of data specified in this part of the report form.

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

The Committee notes the information supplied by the Government in its first report. It also notes a communication of 12 September 2002 from the Inter-Union Committee (CATS-CTD-CGT-CTS-CSTS-CUTS) raising questions about the application of the Convention. The communication was sent to the Government for its comments on the questions raised. The Committee will examine at its next meeting the communication from the Inter-Union Committee, together with any comments the Government may make on it and the information contained in the Government’s first report.

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