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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3. National policy. The Committee previously asked the Government to provide information on the progress made in the adoption of the draft parliamentary resolution on a family policy as well as its accompanying draft action plan. In its report, the Government indicates that due to the holding of early elections, the resolution and the action plan were not adopted. However, on 12 June 2019, the Parliament adopted parliamentary resolution No. 39/149 on an Action Plan on Protection of Children for the years 2019-2022. The Committee notes that this Action Plan aims at providing support to children who face physical and psychological violence and strengthening a number of institutions, such as the Child Welfare Agency and the Child Protection Committees. It observes that the Action Plan does not refer to measures 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. Referring to its General Observation on the Convention adopted in 2019, the Committee recalls that, “one of the essential components of the Convention lies in Article 3(1) that requires the adoption of a national policy on non-discrimination based on family responsibilities” […]. “This national policy which is wide in scope and applies to all sectors of economic activity and all categories of workers, should be implemented through the adoption of a combination of specific legislative, administrative, policy or practical measures adapted to national conditions concerning employment participation and security, conditions of work, social security, and the provision of community services”. The Committee asks the Government: (i) to indicate the manner in which the Action Plan on Protection of Children 2019-2022 has addressed the issue of balancing work and family responsibilities, in particular of the effective sharing of family responsibilities; (ii) to provide information on the implementation of specific plans and programmes aimed at enabling persons with family responsibilities to engage in employment, without discrimination, and the results achieved; and (iii) to provide information on any cases of discrimination in employment and occupation based on family responsibilities dealt with by the labour inspectors or the courts as well as on the sanctions imposed and remedies provided.

Article 4. Parental leave. In its last comment, the Committee asked the Government to provide information on the measures taken to ensure that the parental leave system facilitates to the extent possible the taking of leave by male and female parents from work to care for their children. The Committee recalls that section 2 of Act No.95 of 2000 on Maternity/Paternity Leave and Parental Leave, as amended in 2017 has two main objectives: (1) firstly, to ensure that children get to spend time with both parents, and (2) secondly, to enable both men and women to balance work and family life. Section 24 also provides that each parent is entitled to four months parental leave to care for their child. Section 26 further provides that “An employee shall acquire the right to parental leave when she/he has been employed for six consecutive months by the same employer. [This shall apply irrespective of whether the employee was engaged on a permanent or a temporary basis.]”. The Committee further notes that parents who are active in the labour market are paid 80 per cent of their average salaries during the leave and the payments should come from a specific fund, financed through an insurance levy (European Commission Seminar Report of 2008 entitled “The Parental Leave System in Iceland”). The Government indicates that changes have been made to the maximum payment per month. In 2016, the maximum payment per month was increased from 370.000 ISK (US$2700) to 500.000 ISK (US$3600). In January 2018, the maximum payments were again increased from 500.000 ISK to 520.000 ISK. According to the Government, in March 2019 the Minister of Social Affairs and Children announced plans by Government to lengthen the allowed parental leave in two steps, resulting in a total of 12 months by the end of 2021: in 2020, the total number of months per child would be 10 months and increased to 12 months the following year; and in 2021, the division of months between parents would follow a rule allowing for five months non-transferrable leave for each parent and together parents are required to decide how the remaining two months should be shared. However, these plans have not been passed as changes in the legislation by the Parliament. According to the statistical information provided by the Government for the period 2015 to 2017, the average number of days used by fathers has slightly decreased from 88 days taken in 2015 to 85 in 2017, while the average days taken by women has slightly increased from 178 days in 2015 to 179 days in 2017. The Committee asks the Government to provide information on the measures taken to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities, so that women in particular are not restricted in their possibilities of preparing for, entering, participating in or advancing in economic activity. The Committee also asks the Government to provide information on any measures taken with regard to other immediate family members who clearly need care and support, including persons living with disabilities, or the elderly. Finally, the Committee asks the Government to provide statistical information disaggregated by sex on the number of men and women who have requested and obtained leave to care for dependent children or other immediate family members. Please, provide updated information on the progress made to increase the number of months for parental leave.

Flexible working-time arrangements. The Committee notes the Government’s indication that little has been done concerning the implementation of the recommendations of the Task Force on gender equality on the integration of family and working life. However, according to the Government the recommendations made by the Task Force coincided with the objectives established in the Icelandic Gender Equality Act No.10/2008: in this regard, section 12 requires public organizations to mainstream gender perspectives in policy and decision-making; while section 21 requires employers “to take the measures necessary to enable women and men to reconcile their professional obligations and family responsibilities – amongst other things, such measures shall be aimed at increasing flexibility in the organization of work and working hours in such a way as to take account of both workers’ family circumstances and the needs of the labour market, including facilitating the return of employees to work following maternity/paternity or parental leave or leave from work due to pressing and unavoidable family circumstances”. The Government also indicates that although the Directorate of Equality periodically reviews equality policies and programmes, statistics on the numbers of companies and organizations subject to such reviews are not yet available. The Committee once again asks the Government: (i) to provide information on any measures taken, including the provision of more facilities or services, to assist working parents to bridge these gaps, particularly between the end of paternity leave and day care; and (ii) to supply statistical information, on the availability of and accessibility to affordable childcare services and facilities, including their utilization by workers.

Social security. The Committee recalls that the Government had indicated that it was working on a draft resolution calling for the establishment of child insurance with payments based on household income, the aim of which is to simplify the benefit system and ensure that children in low-income families receive support. The Government states that no change was made to the child benefit system for the period under review. Currently child benefits are split equally between the (married or cohabiting) partners; full benefits are paid for the year of birth of a child, but none is paid for the year in which a child reaches 18 years of age; the amount of child benefits is calculated in the tax assessment at the end of June each year; and no assessment has been made on the effect changes to the child benefit system would have on workers with family responsibilities of low-income or single headed households. The Committee asks the Government to provide information on any change made to the child benefit system in the future and its impact on promoting the reconciliation of work and family responsibilities, in particular for low-income or single-headed households, thus enabling all in paid work to better meet their family responsibilities.

Article 5. Childcare and family services. The Committee notes the Government indication that no measures have been taken to provide more childcare facilities to assist working parents. In that regard, the Committee wishes to refer to its General Observation on the Convention adopted in 2019 where it expressed its concerns that the demand exceeds the provision of such services and facilities in all parts of the world, although the lack of quality, affordable care services has been identified by both men and women as one of the biggest challenges for women with family responsibilities who are in paid work, as well as the inflexibility of the hours of care of these services; and that, where funded childcare has been provided, labour participation rates of women have increased. In the view of the Committee, it is therefore essential that workers with family responsibilities have access to child and family care facilities meeting the needs of children of different ages, after school care, care for the disabled, and elderly care, that are affordable, accessible to their home and work, responsive to working hours, and provide quality care. The Committee once again asks the Government: (i) to provide information on any measures taken, including the provision of more facilities or services, to assist working parents to bridge these gaps, particularly between the end of paternity leave and day care; and (ii) to supply statistical information, on the availability of and accessibility to affordable childcare services and facilities, including their utilization by workers.

Article 6. Information and education. The Committee notes the Government’s indication that since 2016, the Federation of state and municipal employees (the largest federation of employees in the public sector in Iceland) and the Icelandic Confederation of Labour (ASÍ) have worked on promoting increased parental leave take up through an awareness raising campaign using the hashtag “#betrafaedingarorlof”. The campaign aimed at gathering reports from parents in order to be able to increase the quality of parental leave and its significance for a better work life balance. In 2018, the Directorate of Equality called for gender equality plans to be implemented in companies with more than 250 employees, as well as in kindergartens, primary and secondary schools; 366 educational institutions have been asked to report on their gender equality work. The Government indicates that the Directorate of Equality regularly informs public organizations and government institutions about their responsibilities in mainstreaming gender equality in public policy and decision-making The Committee asks the Government to continue to provide information on the measures taken to promote a broader public understanding of the need for a fairer sharing of family responsibilities between men and women; and (ii) to provide statistical information, disaggregated by sex, on the number of beneficiaries of flexible working time arrangements.

Article 8. Protection against dismissal. The Committee notes the Government’s indication that the Gender Equality Complaints Committee is in charge of examining cases and deliver rulings on whether provisions of the Gender Equality Act have been violated. In 2018, the Gender Equality Complaints Committee ruled in case No.1/2018 by applying section 21 of the Gender Equality Act which provides that “Employers shall take the measures necessary to enable women and men to reconcile their professional obligations and family responsibilities. Amongst other things, such measures shall be aimed at increasing flexibility in the organization of work and working hours in such a way as to take account of both workers’ family circumstances and the needs of the labour market, including facilitating the return of employees to work following maternity/paternity or parental leave or leave from work due to pressing and unavoidable family circumstances”. The Committee asks the Government to continue to provide any relevant judicial or administrative rulings or decisions concerning protection of workers against abusive termination of employment.

Article 11. Cooperation with the social partners. As regard the manner in which the social partners are engaged and cooperate in the promotion of the application of the principle of the Convention, the Committee notes the Government’s indication that a collective bargaining agreement named “Quality of Life Agreement” was signed in 2019 between the labour movement and the employers. According to the Government, the agreement addresses among other things: the need to increase child benefits, especially for families with low wages (the equivalent of a pay rise of 15.000 ISK (US$108) for a single parent of two on the minimum wage). The collective agreement also allows for increased flexibility on working hours, which can lead to a shortening of mandatory presence at the workplace from 40 hours a week to 36 in some cases that shall take effect in January 2020. The Committee asks the Government to continue to provide information on the manner in which the social partners are engaged and cooperate in the promotion of the application of the principle of the Convention.

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

Article 3. National policy. The Committee notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that findings of national studies recognize the linkage between balancing work and family responsibilities, the position of women on the labour market and the gender pay gap. Among the specific findings are that women are more likely than men to work part time or drop out of the labour market to pursue unpaid caregiving jobs. The Committee notes that a draft parliamentary resolution on a family policy up to 2020 is before the parliament (Althingi) for adoption. It also notes that the accompanying draft action plan includes measures intended to address the balance between work and family life and the apportionment of equal responsibilities between both parents for the support of the family, housework and the care of children. The Committee recognizes the importance of the aims of the draft resolution and action plan and asks the Government to report on the status of these instruments and to supply a copy of each when adopted. It also asks the Government to provide information on the steps taken to implement the resolution and action plan and any results achieved.

Article 4. Parental leave. Noting that the maximum payment per month for a new parent has decreased between 2008 and 2014, the Committee asks the Government to provide information on any research and measures taken to ensure that the parental leave system facilitates to the extent possible the taking of leave by male and female parents from work to care for their children.

Flexible working-time arrangements. The Committee notes the Government’s indication that one issue that continues to confront working parents is the lack of synchronization of working schedules and hours with day care and school hours. The Government thus hopes that the implementation of the recommendations of the task force on the integration of family and working life under the Ministry of Welfare address his issue. These recommendations call on central and municipal governments to be model employers and to ensure that enterprises and institutions draw up gender equality plans and take specific measures to promote the balance between family and working life. In this regard, the Committee recalls that section 21 of Act No. 10/2008 provides for the employer’s obligation to take measures to enable men and women to reconcile work and family responsibilities, including measures aimed at increasing flexibility in the organization of work and working time. The Committee asks the Government to provide information on the steps taken to implement the recommendations of the task force in the public and private sectors. It also asks the Government to provide information on the practical application of section 21 with respect to the types of measures adopted by employers such as flexible working schedules, part-time work, and teleworking arrangements, the usage of such measures, and their impact on the reconciliation of work and family responsibilities, including any relevant statistics disaggregated by sex.

Social security. The Committee notes the Government’s indication that the draft resolution for a family policy calls for the establishment of child insurance with payments based on household income, the aim of which is to simplify the benefit system and ensure that children in low-income families receive support. The Committee asks the Government to provide information on the changes made to the child benefit system and on the impact any changes have made on promoting the reconciliation of work and family responsibilities, in particular for low-income or single-headed households.

Article 5. Childcare and family services. The Committee notes that a significant issue in the reconciliation between work and family is how to bridge the gap between the end of paternity leave and day care. It notes that the supply of nursery schools has increased but that demand still exceeds the number of schools provided. It also notes that the hours and schedules of nursery schools, childcare facilities and schools are not aligned to most working schedules and hours of work. It further notes that it falls to the parents to bridge these gaps. The Committee asks the Government to provide information on any measures taken, including the provision of more facilities or services, to assist working parents to bridge these gaps, particularly between the end of paternity leave and day care. It also asks the Government to supply information on measures taken to promote the synchronization of the schedules of nursery, childcare and schools with the schedules of working parents.

Article 6. Information and education. The Committee notes that the abovementioned task force on the integration of family and working life recommended that social partners should hold an educational campaign with an emphasis on the reorientation of managers regarding family values, that courses on balancing work and family should be attended by parliamentarians, employers and workers and that educational and awareness-raising booklets should be published on the integration of work and family. The Committee asks the Government to provide information on the implementation of these recommendations and any other information programmes undertaken to improve understanding of policy-makers, employers, workers, and the public on the importance of being able to better balance work and family life for both men and women.

Article 8. Protection against dismissal. The Committee asks the Government to continue to provide any relevant judicial or administrative rulings or decisions concerning issues of termination of employment on the ground of family responsibilities.

Article 11. Cooperation with the social partners. The Committee notes that representatives of the social partners have been involved in many forums addressing gender equality and the promotion of equal opportunity and treatment for workers with family responsibilities, including the task force on the integration of work and family life. It further notes that some of the recommendations of that task force are aimed at the action to be taken by social partners. The Committee asks the Government to continue to provide information on the manner in which the social partners are engaged and cooperate in the promotion of the application of the principle of the Convention.

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

Legislative developments. The Committee notes with interest the adoption of the Act on the Equal Status and Equal Rights of Women and Men, No. 10/2008, which shows a number of improvements in relation to the law previously in force. It notes, in particular: the establishment of a Centre for Gender Equality with extended powers; the possibility of imposing fines in cases of non-compliance with the now binding decisions of the Complaints Committee on Gender Equality; and the strengthening of obligations on enterprises employing more than 25 persons to formulate and implement a gender equality programme. The Committee also notes that, according to Act No. 10/2008, discrimination on the ground of gender is prohibited with respect to recruitment, promotion, changes of position, retraining, continuing education (lifelong learning), vocational training, study leave, notice of termination, the working environment and employees’ working conditions (section 26(1)), and that allowing maternity, paternity or parental leave or other circumstances relating to pregnancy and childbirth to have a negative effect on decisions under section 26(1) is prohibited (section 26(2)). The Committee further notes that objectives of the Gender Equality Action Programme for the years from 2011 to 2014 include conducting surveys on parental leave, and on active participation in the labour market by workers with family responsibilities. The Committee asks the Government to provide information on the practical application of section 26(2) of Act No. 10/2008 and the Gender Equality Action Programme 2011–14, including the results of the surveys conducted on parental leave and on active participation in the labour market by workers with family responsibilities under this action programme. The Committee also asks the Government to indicate the measures taken or envisaged to prevent discrimination on the ground of family responsibilities with respect to women and men workers with responsibilities in relation to other members of their immediate family who clearly need their care or support.

Article 4. Flexible working-time arrangements. The Committee notes that section 21 of Act No. 10/2008 provides for the employer’s obligation to take measures to enable women and men to reconcile work and family responsibilities, including measures aimed at increasing flexibility in the organization of work and working hours. It also notes the Government’s indication that flexible working-time arrangements are not prescribed in collective agreements. The Committee asks the Government to provide information on the practical application of section 21 of Act No. 10/2008, with respect to flexible working-time arrangements. Please also provide information on measures taken or envisaged concerning terms and conditions of employment and social security provisions which also assist workers with family responsibilities other than for dependent children. It also asks the Government to provide statistical information, disaggregated by sex, on the use of the flexible working-time arrangements, including part-time employment, and their impact on promoting equality of opportunity and treatment for workers with family responsibilities.

Article 5. Childcare and family services and facilities. The Committee recalls the Government’s previous statement that the Ministry of Social Affairs was studying the possibility of collecting data, both on available pre-school services provided by each municipality, as well as on the number of children enrolled and those on waiting lists. While noting the Government’s reference to the report of the Welfare Watch, the Committee notes that the Government’s report does not contain information on the available childcare and family services and facilities to enable workers with family responsibilities to reconcile work and family. The Committee asks the Government to provide detailed information on the number and nature of childcare and family services and facilities, as well as the results of the study conducted by the Ministry of Social Affairs concerning childcare facilities.

Article 6. Information and education. The Committee reiterates its request to the Government to provide information on any educational programmes undertaken to generate a broader public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities.

Article 7. Integration in the labour market. The Committee recalls section 29 of the Act on Maternity/Paternity Leave and Parental Leave, No. 95/2000, as last amended in 2009, which guarantees the right to return to the previous job, or to a comparable position with the employer. It notes that the measures to be taken by employers to enable women and men to reconcile work and family responsibilities under section 21 of Act No. 10/2008 include facilitating the return of employees to work following maternity/paternity leave, or parental leave, or leave from work due to pressing and unavoidable family circumstances. The Committee also notes that the Act on Employment-Related Vocational Rehabilitation and the Operation of Vocational Rehabilitation Funds, No. 60/2012, was adopted. The Committee asks the Government to indicate what would be included as “pressing and unavoidable family circumstances” under section 21 of Act No. 10/2008. It also asks the Government to provide information on the practical application of section 29 of Act No. 95/2000 and section 21 of Act No. 10/2008, including projects and initiatives which are being implemented to promote the reconciliation of work and family responsibilities, and how measures taken have enabled workers with family responsibilities to become and remain integrated in the labour force. Please also provide a copy of the Act on Employment-Related Vocational Rehabilitation and the Operation of Vocational Rehabilitation Funds, No. 60/2012, and information on its implementation in practice.

Article 8. Protection against dismissal. The Committee recalls section 1 of the Act on the Prohibition of Termination of Employment due to Family Responsibilities, No. 27/2000, which provides that no person’s employment may be terminated solely because of his or her family responsibilities. It also recalls section 30 of Act No. 95/2000, which prohibits termination of employment due to the fact that a worker has given notice of intention to take maternity/paternity leave or parental leave, or during such leave, without reasonable cause, and in such a case, the dismissal shall be accompanied by written reasons; the same applies to pregnant women and women who have recently given birth. The Committee notes the Government’s indication that, since its last report in 2006, no decision has been taken by courts of law, administrative or other tribunals or the Complaints Committee on Equal Status involving questions of termination of employment on the ground of family responsibilities. The Committee asks the Government to continue to provide any relevant decisions of courts of law, administrative or other tribunals or the Complaints Committee on Equal Status involving questions of termination of employment on the ground of family responsibilities.

Article 11. Cooperation with the social partners. The Committee notes that the composition of the Gender Equality Council includes representation of the social partners (section 8 of Act No. 10/2008). It notes the Government’s indication that a working group on issues related to workers with family responsibilities was appointed in June 2012, and the members of the working group include representatives of the main organizations of the social partners. The working group is mandated to conduct surveys on the measures designed to help workers to reconcile work and family. The Committee asks the Government to provide information on the specific activities undertaken by the Gender Equality Council relevant to promoting the application of the provisions of the Convention, as well as any other measures taken or envisaged to involve workers’ and employers’ organizations in developing and applying measures to give effect to the provisions of the Convention.

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

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

Repetition

Article 3. National policy on workers with family responsibilities. The Committee notes the Act Prohibiting Redundancies due to Family Responsibilities No. 27/2000, which, together with the Act on the Equal Status and Equal Rights of Women and Men No. 96/2000, the Act on Maternity/Paternity Leave and Parental Leave No. 95/2000, could to some extent serve as the foundation of a national policy on workers with family responsibilities required by Article 3 of the Convention. The Committee also notes the Government’s statement that Act No. 95/2000 is considered one of the most important steps to prevent discrimination against workers with family responsibilities. The Government refers in this regard to a study undertaken in 2006 comparing Nordic experiences with parental leave and its impact on equality between men and women. However, the study concerned does not provide much concrete information on the application in practice of Act No. 95/2000 nor has any information been provided on the practical application of any of the other abovementioned legislative texts. Moreover, information is also lacking on measures that assist men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support. The Committee is therefore unable to assess whether the existing legislation is sufficient to comprise a national policy under the terms of Article 3 of the Convention. The Committee asks the Government to provide in its next report more detailed information on the practical application of the relevant provisions of Acts Nos 27/2000, 95/2000 and 96/2000 as well as on any other practical measures taken to enable persons with family responsibilities to engage in employment without being discriminated against.

Article 4. Flexible working-time arrangements. The Committee has taken note in the past of the relevant provisions of Act No. 95/2000 which according to the Government constitute one of the major measures concerning special leave arrangements for workers with family responsibilities. The Committee refers to Parts IV and VI of Recommendation No. 165 and asks the Government to provide information on any other measures taken or envisaged to promote flexible working-time arrangements, including measures concerning terms and conditions of employment and social security provisions which also assist those workers with family responsibilities other than for dependent children.

Article 5. Childcare and family services. The Committee notes the Government’s statement that the Ministry of Social Affairs is currently studying the possibility of collecting data both on the service provided by each municipality on pre-schools as well as on the number of children enlisted and those on the waiting lists. The Government hopes to include this information in its next report. The Committee is looking forward to receiving information on the outcome of the study on childcare facilities and the measures taken in this regard. It also asks the Government to include in its next report information on the measures taken or envisaged to develop and promote other family care services and facilities.

Article 6. Educational and information campaigns. The Committee reiterates its request to the Government to provide information on any educational programmes undertaken to generate a broader public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and their particular problems.

Article 7. Integration and re-entry into the labour market. In the absence of any information on this point, the Committee draws the Government’s attention to paragraph 14 of Recommendation No. 165. The Committee reiterates its request to the Government to provide information on the measures taken, and the results achieved, to enable workers with family responsibilities to become and remain integrated in the labour force and to re-enter the labour force after an absence due to family responsibilities.

Article 8. Family responsibilities not a valid reason for termination of employment. The Committee notes that section 24 of Act No. 96/2000 does not prohibit dismissal on the basis of family responsibilities. However, the Committee notes with interest that section 1 of Act No. 27 on the Prohibition of Termination of Employment due to Family Responsibilities that no person’s employment may be terminated solely because of his or her family responsibilities. The Act defines “family responsibilities” as the employee’s responsibilities towards his or her children or spouse or close relatives who live in the employee’s home and clearly need his or her care or custody, for example as a result of illness or disability. The Committee asks the Government to keep it informed of any relevant decisions of courts of law, administrative or other tribunals or the Complaints Committee on Equal Status involving questions of termination of employment related to family responsibilities.

Article 11. Cooperation with the social partners. The Committee notes the information in the Government’s report concerning the composition of the Gender Equality Council, which includes representation of the social partners. It notes that the Gender Equality Council can submit proposals to promote equality between men and women in the labour market and has a consultative capacity regarding these matters. The Committee asks the Government to provide information in its next report on the specific activities undertaken by the Gender Equality Council to promote the application of the provisions of the Convention, as well as any other measures taken or envisaged to involve workers’ and employers’ organizations in developing and applying measures to give effect to the provisions of the Convention.

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

1. Article 3. National policy on workers with family responsibilities. The Committee notes the Act Prohibiting Redundancies due to Family Responsibilities No. 27/2000, which, together with the Act on the Equal Status and Equal Rights of Women and Men No. 96/2000, the Act on Maternity/Paternity Leave and Parental Leave No. 95/2000, could to some extent serve as the foundation of a national policy on workers with family responsibilities required by Article 3 of the Convention. The Committee also notes the Government’s statement that Act No. 95/2000 is considered one of the most important steps to prevent discrimination against workers with family responsibilities. The Government refers in this regard to a study undertaken in 2006 comparing Nordic experiences with parental leave and its impact on equality between men and women. However, the study concerned does not provide much concrete information on the application in practice of Act No. 95/2000 nor has any information been provided on the practical application of any of the other abovementioned legislative texts. Moreover, information is also lacking on measures that assist men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support. The Committee is therefore unable to assess whether the existing legislation is sufficient to comprise a national policy under the terms of Article 3 of the Convention. The Committee asks the Government to provide in its next report more detailed information on the practical application of the relevant provisions of Acts Nos 27/2000, 95/2000 and 96/2000 as well as on any other practical measures taken to enable persons with family responsibilities to engage in employment without being discriminated against.

2. Article 4. Flexible working-time arrangements. The Committee has taken note in the past of the relevant provisions of Act No. 95/2000 which according to the Government constitute one of the major measures concerning special leave arrangements for workers with family responsibilities. The Committee refers to Parts IV and VI of Recommendation No. 165 and asks the Government to provide information on any other measures taken or envisaged to promote flexible working-time arrangements, including measures concerning terms and conditions of employment and social security provisions which also assist those workers with family responsibilities other than for dependent children.

3. Article 5. Childcare and family services. The Committee notes the Government’s statement that the Ministry of Social Affairs is currently studying the possibility of collecting data both on the service provided by each municipality on pre-schools as well as on the number of children enlisted and those on the waiting lists. The Government hopes to include this information in its next report. The Committee is looking forward to receiving information on the outcome of the study on childcare facilities and the measures taken in this regard. It also asks the Government to include in its next report information on the measures taken or envisaged to develop and promote other family care services and facilities.

4. Article 6. Educational and information campaigns. The Committee reiterates its request to the Government to provide information on any educational programmes undertaken to generate a broader public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and their particular problems.

5. Article 7. Integration and re-entry into the labour market. In the absence of any information on this point, the Committee draws the Government’s attention to paragraph 14 of Recommendation No. 165. The Committee reiterates its request to the Government to provide information on the measures taken, and the results achieved, to enable workers with family responsibilities to become and remain integrated in the labour force and to re-enter the labour force after an absence due to family responsibilities.

6. Article 8. Family responsibilities not a valid reason for termination of employment. The Committee notes that section 24 of Act No. 96/2000 does not prohibit dismissal on the basis of family responsibilities. However, the Committee notes with interest that section 1 of Act No. 27 on the Prohibition of Termination of Employment due to Family Responsibilities that no person’s employment may be terminated solely because of his or her family responsibilities. The Act defines “family responsibilities” as the employee’s responsibilities towards his or her children or spouse or close relatives who live in the employee’s home and clearly need his or her care or custody, for example as a result of illness or disability. The Committee asks the Government to keep it informed of any relevant decisions of courts of law, administrative or other tribunals or the Complaints Committee on Equal Status involving questions of termination of employment related to family responsibilities.

7. Article 11. Cooperation with the social partners. The Committee notes the information in the Government’s report concerning the composition of the Gender Equality Council, which includes representation of the social partners. It notes that the Gender Equality Council can submit proposals to promote equality between men and women in the labour market and has a consultative capacity regarding these matters. The Committee asks the Government to provide information in its next report on the specific activities undertaken by the Gender Equality Council to promote the application of the provisions of the Convention, as well as any other measures taken or envisaged to involve workers’ and employers’ organizations in developing and applying measures to give effect to the provisions of the Convention.

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

The Committee notes the information contained in the Government’s first report. It asks the Government to provide further information in its next report on the following points.

1. The Committee notes the Government’s statement that Act No. 27/2000 prohibiting redundancies due to family responsibilities is substantially based on the provisions of the Convention. It further notes the Government’s indication that a number of other instruments are considered to promote the application of the Convention. However, without a copy of Act No. 27/2000 prohibiting redundancies due to family responsibilities, the Committee is unable to fully assess the Government’s compliance with the Convention. Therefore, it asks the Government to provide a copy of the Act with its next report along with any other instruments that are seen as promoting the application of the Convention.

2. Article 3 of the Convention. The Committee asks the Government to provide information on the practical application of Act No. 27/2000 as well as section 16 of the Act on equal status and equal rights of women and men and section 2 of the Act on maternity/paternity leave and parental leave so that the Committee can assess the manner in which these legislative texts combined serve as an effective national policy to enable persons with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their employment and family responsibilities.

3. Article 4. The Committee notes the information on the promotion of flexible working time. It asks the Government to provide information on the practical application of this Article of the Convention concerning terms and conditions of employment and social security provisions which assist workers with family responsibilities. 

4. Article 5. The Committee notes the statistical data provided by the Government with its report. In particular, it asks the Government for information on the measures undertaken to reduce the number of children in the waiting lists to access pre-schools. It also asks the Government to continue to provide data to enable the Committee to assess the progress achieved with regard to childcare and other family care services and facilities.

5. Article 6. The Committee encourages the Government to elaborate programmes of education and information for the public, workers and employers on the importance of reconciling work and family as well as on the principle of equality of opportunity and treatment in working life both between workers with family responsibilities and those who do not have such responsibilities, and between men and women workers with family responsibilities. Please report on any such measures and their impact in promoting the application of the Convention.

6. Article 7. The Committee notes section 29 of the Act on maternity/paternity leave and parental leave and section 16 of the Act on equal status and equal rights of women and men. It asks the Government to provide information on the practical application of these provisions with regard to measures taken to enable workers with family responsibilities to become and remain integrated in the labour force and to re-enter the labour force after an absence due to family responsibilities.

7. Article 8. The Committee will return to the application of this Article after having examined the full text of Act No. 27/2000. In the meantime, the Committee notes section 30 of the Act on maternity/paternity leave and parental leave and asks the Government to indicate whether dismissals on the basis of family responsibilities are prohibited under section 24 of the Act on equal status and equal rights of women and men. It also asks the Government to provide information on the practical application of these provisions and to indicate any relevant decisions of courts of law, administrative or other tribunals or the Complaints Committee on Equal Status involving questions of termination of employment related to reasons due to family responsibilities.

8. Article 11. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 11 of the Convention to promote the application of the Convention.