Workers with Family Responsibilities Convention, 1981 (No. 156) - Azerbaijan (Ratification: 2010)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1 to 4 of the Convention. Legislative developments. The Committee notes the adoption, in November 2022, of the Law on amending the Labour Code, and notes that section 16, as amended, prohibits discrimination on a number of grounds, including “family circumstances”, but that the term does not appear to be defined. It also notes that, in its report received in September 2022, the Government indicates that a draft law amending the Labour Code will introduce: (1) “workers with family responsibilities” as a prohibited ground of discrimination in employment and occupation under section 16; and (2) a definition of “workers with family responsibilities”. The Government adds that the scope of “member of the immediate family” under the Convention, is still under consideration and has not been determined yet. The Committee requests the Government to clarify: (i) the meaning and scope of “family circumstances” in section 16 of the Labour Code; and (ii) whether it is still envisaged to adopt the Labour Code (Amendments and Additions), which would insert a definition of “workers with family responsibilities” and define the scope of “member of the immediate family”.

Article 2. Application to all categories of workers. The Government indicates that the employment of categories of workers excluded from the Labour Code is regulated by separate pieces of legislation concerning the relevant fields. Noting this information, the Committee requests the Government to provide specific information on the measures concerning workers with family responsibilities provided by these specific pieces of legislation.

Article 3. National policy. The Committee notes that the Government is silent on this point. Referring to paragraphs 193 to 199 of its 2023 General Survey, achieving gender equality at work, the Committee recalls that Article 3 calls on Member States to make it an aim to support workers with family responsibilities within their national policies. It also recalls the importance, when designing and adopting national policy measures in support of workers with family responsibilities, of taking closely into account the prevailing gender roles so that both men and women can equally access and engage in employment to the extent they wish to do so. The Committee asks the Government to provide detailed information on: (i) the legal and practical measures taken 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; and (ii) any measures taken or envisaged to promote a fair distribution of family responsibilities.

Article 4. Right to free choice of employment. With regard to the general prohibition of night work for women with children under 3 years of age contained in section 98(1) of the Labour Code, the Committee notes the Government’s indication that the draft law amending the Labour Code will add a third paragraph to section 98 of the Labour Code, to provide that “the particular needs of workers with family responsibilities, including needs relating to the performance of their family responsibilities, shall be taken into account when setting ordinary working hours and assigning night shifts, where the necessary justifications and practical possibilities exist”. The Government further indicates that the draft amendments will allow pregnant women, women with children aged under 14 years or children with special needs access to night work, overtime and work on holidays and other days considered to be non-working days and to allow them to be sent on business travel provided they give their written consent. However, the Committee notes that the adoption of the Law on amending the Labour Code in November 2022 did not fully implement the changes announced by the Government: (1) a third paragraph has not been added to section 98; (2) section 242 of the Labour Code continues to prohibit work on night shift, on overtime, on the weekend or a holiday, or sending them on business trips for pregnant women and women with children below the age of 3 years. While women with children between the ages of 3 and 14 and those with a child that has an established disability, may perform such work only with their written consent; (3) section 91(2) limiting the working hours of women with children under one-and-a-half years of age was not amended; and (4) section 246 of the Labour Code continues to apply these prohibitions to single fathers, foster parents, or legal guardians. The Committee asks the Government to indicate how it is ensured that the prohibitions for women with children under 3 years of age and for single fathers, foster parents or legal guardians under specified conditions pursuant to sections 98(1), 242(1) and 246 of the Labour Code and the restrictions regarding working hours of women with children under one-and-a-half years of age pursuant to section 91(2) of the Labour Code do not adversely affect the labour force participation of women workers with family responsibilities.

Entitlements for men and women workers with family responsibilities. The Committee notes that the protection of fathers who are raising children on their own under section 246 of the Labour Code is not afforded to all fathers, on an equal footing with mothers. The Committee recalls that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. Referring to paragraph 175 of its 2023 General Survey, the Committee recalls that legislative or other measures designed to assist men and women workers with family responsibilities to better balance work and family care are essential for the promotion of gender equality in employment and occupation, and that the measures adopted in this regard, including the redistribution and progressive equalization of leave entitlements between care givers, are consistent with the principles of equality of opportunity and treatment. Care therefore needs to be taken when designing and adopting measures to promote effective equality for men and women through a balanced distribution of family responsibilities that they do not have the effect of perpetuating gender stereotypes. The Committee therefore once again asks the Government to indicate any measures taken or envisaged to ensure that the entitlements provided for under the Labour Code are available to both men and women with family responsibilities on an equal footing, and not only to fathers who are raising children without a mother.

Other leave entitlements. Noting the absence of information provided in this regard, the Committee once again asks the Government to provide: (i) statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements under section 130 of the Labour Code; and (ii) information on any other measures taken to take account of the needs of workers with family responsibilities in the public and private sectors with respect to conditions of work and social security.

Article 5. Childcare and family services and facilities. Noting that the Government, once again, does not reply to its previous request on this point, the Committee once again asks the Government to provide information on: (i) the extent and nature of childcare and family services available for men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities making use of the existing services and facilities.

Article 6. Education for the public. The Committee welcomes the information provided by the Government in its report regarding awareness-raising activities carried out on gender equality. It notes in particular that the gender-sensitive, innovative communication and media campaign to promote the gender-equitable parental leave policy was launched within the framework of the “European Union for Gender Equality: Against Gender Stereotypes and Gender-Based Violence (EU4GE)” Programme implemented by the United Nations Population Fund (UNFPA) and the United Nations agency for women’s affairs (UN Women) with the financial support of the European Union. Welcoming the Government’s efforts in this regard, the Committee asks it to continue to take measures to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment between men and women, and of the problems encountered by persons with family responsibilities who are employed or who want to become employed and on the impact of these activities on public opinion.

Article 7. Integration in the labour force. The Committee requests the Government to provide information on any practical and legal measures taken or envisaged to take into account the specific needs of male and female workers with family responsibilities in order to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities, by indicating any measures in place, including training, to ensure that following a period of absence such as maternity, paternity, parental and adoption leaves, the employee is entitled to return to work to the same or equivalent position.

Article 8. Protection against dismissal on the ground of family responsibilities. Noting that no information is provided on this point, the Committee asks the Government to consider providing protection against dismissal for both men and women workers with family responsibilities on an equal footing, and not only to women and fathers raising their child alone, as provided for in section 79(1) of the Labour Code.

Article 11. Workers’ and employers’ organizations. The Committee takes note of the Government’s general indication that the work and decision-making of the Tripartite Commission on Social and Economic Affairs are guided, inter alia, by the principle of gender equality. The Committee repeats its request for information on any specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, including through the Tripartite Commission.

Enforcement and practical application. In the absence of new information in the Government’s report, the Committee once again asks the Government to provide information on: (i) the activities of the supervisory authorities and enforcement mechanisms, including) any administrative or judicial decisions, relating to discrimination based on family responsibilities; and (ii) any studies, surveys or reports, including statistical data disaggregated by sex indicating how progress is being made to address existing inequalities between men and women workers with family responsibilities and between those workers and workers without such responsibilities.

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

Articles 1–4 of the Convention. Legislative developments. The Committee notes the information in the Government’s report concerning the adoption of the Labour Code (Amendment) Law No. 875-IVQD of 27 December 2013 by Decision No. 183 of the Cabinet of Ministers dated 6 June 2014. The Committee also previously noted the Government’s indication that a draft Labour Code (Amendments and Additions) Law was drawn up before the ratification of the Convention, and included provisions on workers with family responsibilities. The Committee further notes the Government’s indication that the Labour Code (Additions) Law No. 252-VQD of 17 May 2016 amends section 91(2) of the Labour Code to provide reduced working hours to parents who on their own are raising children under 3 years of age. The Committee asks the Government to confirm whether the Labour Code (Additions) Law No. 252-VQD has been adopted and to provide a copy of the relevant Labour Code provisions as amended. Recalling its previous comments, the Committee notes that no information was provided on the status of the adoption of the draft Labour Code (Amendments and Additions) Law. The Committee asks the Government to clarify the status of this draft Law, indicate any steps taken to secure its adoption, and to provide a copy of the relevant provisions of the Labour Code as amended.

The Committee notes the information provided on the relevant legal provisions in place to implement the Convention. Drawing attention to the importance of providing information on the application of these laws in practice and on any policies and other practical measures taken to implement the provisions of the Convention, the Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the following matters which have also been made previously in 2013.

Article 1. Definitions. The Committee notes the Government’s indication that a Labour Code (Amendments and Additions) Law has been drafted, and that it adds a paragraph and an explanatory note to section 3 of the Labour Code, thereby defining “workers with family responsibilities” and the scope of “member of the immediate family” under the Convention. The Committee asks the Government to provide information on the status of the draft amendments, and to forward a copy of the amendments once they are adopted.

Article 2. Application to all categories of workers. The Committee notes that pursuant to sections 4 and 5 of the Labour Code, the measures taken under the Labour Code apply to all business activities both in the private and public sectors. It also notes that section 6 of the Labour Code excludes certain categories of workers from its application. The Committee asks the Government to indicate any measures taken or envisaged to apply measures concerning workers with family responsibilities under the national legislation to all categories of workers, in line with Article 2 of the Convention.

Article 3. National policy. The Committee notes that section 12(1) of the Labour Code obliges employers to establish equal opportunities for all workers, irrespective of sex, in employment, dismissal, advanced training, mastering the new speciality and professional development, and performance assessment. The Committee also notes that under section 7 of Act No. 150-IIIQ of 10 October 2006 on Gender Equality (Act on Gender Equality), employers shall provide equal treatment and equal opportunities for men and women in the process of recruitment, promotion, raising the level of skills, retraining, assessment and dismissal. It further notes the Government’s indication that the draft Labour Code (Amendments and Additions) Law adds “workers with family responsibilities” as a group for whom concessions, privileges and additional protections will not be considered discriminatory under section 16(2) of the Labour Code. The Committee asks the Government to provide detailed information on the legal and practical measures taken 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, including the practical application of the relevant sections of the Labour Code and the Act on Gender Equality with respect to promoting a sharing of family responsibilities between men and women.

Article 4. Right to free choice of employment. The Committee notes that section 98(1) of the Labour Code provides for the prohibition of night work, including for women with children under 3 years of age. It also notes that section 242(1) of the Labour Code prohibits night work, overtime work, work on weekends or holidays, or business trips for women with children under 3 years of age, and that by virtue of section 246 of the Labour Code, the prohibition applies to single fathers, foster parents, or legal guardians who have to independently raise the children due to a particular reason (if the mother of the children has died, or has been deprived of her motherhood rights, or has to be away for therapy in medical institutions, or has to spend time in detention facilities). The Committee further notes that pursuant to section 91(2) of the Labour Code, the working hours for women with a child under one-and-a-half years of age is limited up to 36 hours per week. The Committee asks the Government to indicate how it is ensured that the prohibition of night work, overtime work, work on weekends or holidays, or business trips for women with children under 3 years of age and for single fathers, foster parents or legal guardians under specified conditions pursuant to sections 98(1), 242(1) and 246 of the Labour Code and limiting the working hours of women with children under one-and-a-half years of age pursuant to section 91(2) of the Labour Code do not adversely affect the labour force participation of men and women workers with family responsibilities. Please indicate whether consideration is being given to allowing men and women with family responsibilities, on an equal footing, to have access to such work with their consent.

Entitlements for men and women workers with family responsibilities. The Committee notes the sections of the Labour Code relating to the right to vacation leave during the first year of employment for pregnant women and new mothers, as an exception to the principle of exercising the right to such leave only six months after the commencement of employment (section 131(1) and (4)). The Committee also notes the sections of the Labour Code relating to: (i) the prohibition of a probationary period for pregnant women, women with a child under 3 years of age, and single fathers with a child under 3 years of age (section 52(1)); (ii) the prohibition of termination of employment for pregnant women, women with a child under 3 years of age, fathers independently raising a child under 3 years of age, and employees whose only income source is the enterprise where they work and with a child under school age (section 79(1)); (iii) the right to additional leave for women with two children under 14 years of age (two days in a calendar year), and for women with three or more children of this age or with a child with restricted health conditions (five days in a calendar year) (section 117(1)), and by virtue of section 117(2), this also applies to fathers independently raising a child, or foster parents; (iv) the prohibition of refusing entry into a labour contract with women with a child under 3 years of age, except in cases “when employers do not have an appropriate work (position)” or when the prohibition of certain kinds of work for women applies (section 240(1)); (v) requiring written consent of women with a child between the ages of 3 and 14 years or a child with restricted health conditions for night work, overtime work, work on weekends or holidays, or business trips (section 242(2)); and (vi) upon a worker’s request, the employer has to provide an option of part-time daily or weekly work with pay which is based on their experience and seniority, for pregnant women or women with a child under 14 years of age, or with a child with restricted health conditions or with a sick family member based on a medical certificate (section 245(1)). By virtue of section 246 of the Labour Code, sections 240(1), 242(2), and 245(1) also apply to single fathers, foster parents or legal guardians, however, only under conditions that they have to independently raise the children due to a particular reason (if the mother of the children has died, or has been deprived of her motherhood rights, or has to be away for therapy in medical institutions, or has to spend time in detention facilities). The Committee draws the Government’s attention to the fact that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. In order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (see General Survey on fundamental Conventions, 2012, paragraph 786). The Committee therefore considers that the measures taken in favour of workers with family responsibilities must be made available to men and women equally. The Committee asks the Government to indicate any measures taken or envisaged to ensure that the entitlements under the Labour Code are available to men and women with family responsibilities on an equal footing.

Other leave entitlements. The Committee notes that under the Labour Code, partially paid social leave is granted to a single parent or another family member who is directly caring for children under 3 years of age (section 127(1)); unpaid leave is granted at a worker’s request on the basis of the opinion of a medical board, to one of the parents of a chronically ill child or another family member directly engaged in childcare, until the child reaches the age of four (section 130(a)); up to 14 days in a calendar year for men whose wives are on maternity leave (section 130(b)); up to 14 days in a calendar year for women with children under the age of 16 or single parents or guardians (section 130(c)); up to 14 days in a calendar year for parents raising children suffering from acquired immune deficiency syndrome (AIDS) or infected with the human immune deficiency virus (HIV) and for parents with children with restricted health conditions up to 18 years old (section 130(g)); up to 14 days in a calendar year for the period stated in a medical opinion for one relative caring for a sick family member (section 130(k)); up to 14 days in a calendar year for employees with disabled children under the age of 18 (section 130(l)); and up to seven days for the workers to solve family, household and other social issues (section 130(m)). The Committee asks the Government to provide statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements under section 130 of the Labour Code, with a view to enabling workers to reconcile work and family responsibilities. It also asks the Government to provide information on any other measures taken to take account of the needs of workers with family responsibilities in the public and private sectors with respect to conditions of work and social security.

Article 5. Childcare and family services and facilities. The Committee asks the Government to provide information on the following: (i) the extent of childcare, family services available for men and women workers with family responsibilities; (ii) the number of workers with family responsibilities making use of the existing childcare and family services and facilities; and (iii) the number and age of children requiring care.

Article 6. Education for the public. The Committee asks the Government to provide information on measures taken or envisaged to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment between men and women, and of the problems encountered by persons with family responsibilities who are employed or who want to become employed and on the impact of these activities on public opinion.

Article 7. Integration in the labour force. Recalling the importance of improving the employment possibilities and job security of workers with family responsibilities through strengthening their occupational qualifications, the Committee asks the Government to provide information on any practical and legal measures taken or envisaged to take into account the specific needs of male and female workers with family responsibilities in order to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 8. Protection against dismissal on the ground of family responsibilities. The Committee notes that section 79(1) of the Labour Code provides that “the employer shall be prohibited from terminating the employment contracts” of “pregnant woman and women with a child under 3 years of age, fathers independently raising a child under 3 years of age” and workers “whose sole income source is the enterprise where they work and who are raising a child under school age”. While welcoming the provision concerning the protection against dismissal for workers with family responsibilities, the Committee asks the Government to indicate if any consideration is being given to providing protection against dismissal for men and women workers with family responsibilities on an equal footing.

Article 11. Workers’ and employers’ organizations. The Committee asks the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and to provide information on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures.

Enforcement and practical application. The Committee notes the Government’s indication that the State Labour Inspectorate is in charge of the application of the Convention, with the possibility of prosecution for the violation of the laws pursuant to section 313 of the Labour Code. It also notes the Government’s indication that no court decisions have been handed down so far concerning the application of the Convention. The Committee asks the Government to provide information on the supervisory authorities and enforcement mechanisms, including the labour inspectorate, in giving effect to the provisions of the Convention, as well as any administrative or judicial decisions relating to the application of the Convention. The Committee also asks the Government to provide information, including statistical data disaggregated by sex, studies, surveys or reports that may enable the Committee to assess how the principles of the Convention are applied in practice, and how progress is being made to address existing inequalities between men and women workers with family responsibilities and between those workers and workers without such responsibilities.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Definitions. The Committee notes the Government’s indication that a Bill amending the Labour Code has been drafted, and that the Bill adds a paragraph and an explanatory note to section 3 of the Labour Code, thereby defining “workers with family responsibilities” and the scope of “member of the immediate family” under the Convention. The Committee asks the Government to provide information on the status of the draft amendments, and to forward a copy of the amendments once they are adopted.

Article 2. Application to all categories of workers. The Committee notes that pursuant to sections 4 and 5 of the Labour Code, the measures taken under the Labour Code apply to all business activities both in the private and public sectors. It also notes that section 6 of the Labour Code excludes certain categories of workers from its application. The Committee asks the Government to indicate any measures taken or envisaged to apply measures concerning workers with family responsibilities under the national legislation to all categories of workers, in line with Article 2 of the Convention.

Article 3. National policy. The Committee notes that section 12(1) of the Labour Code obliges employers to establish equal opportunities for all workers, irrespective of sex, in employment, dismissal, advanced training, mastering the new speciality and professional development, and performance assessment. The Committee also notes that under section 7 of Act No. 150-IIIQ of 10 October 2006 on Gender Equality (Act on Gender Equality), employers shall provide equal treatment and equal opportunities for men and women in the process of recruitment, promotion, raising the level of skills, retraining, assessment and dismissal. It further notes the Government’s indication that the draft Bill amending the Labour Code adds “family responsibilities” to the prohibited grounds of discrimination under section 16(1) of the Labour Code. The Committee asks the Government to provide information on the legal and practical measures taken 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, including the practical application of the relevant sections of the Labour Code and the Act on Gender Equality with respect to promoting a sharing of family responsibilities between men and women. Please provide information on the status of the draft amendments, and forward a copy of the amendments once they are adopted.

Article 4. Right to free choice of employment. The Committee notes that section 98(1) of the Labour Code provides for the prohibition of night work, including for women with children under three years of age. It also notes that section 242(1) of the Labour Code prohibits night work, overtime work, work on weekends or holidays, or business trips for women with children under three years of age, and that by virtue of section 246 of the Labour Code, the prohibition applies to single fathers, foster parents, or legal guardians who have to independently raise the children due to a particular reason (if the mother of the children has died, or has been deprived of her motherhood rights, or has to be away for therapy in medical institutions, or has to spend time in detention facilities). The Committee further notes that pursuant to section 91(2) of the Labour Code, the working hours for women with a child under one-and-a-half years of age is limited up to 36 hours per week. The Committee asks the Government to indicate how it is ensured that the prohibition of night work, overtime work, work on weekends or holidays, or business trips for women with children under three years of age and for single fathers, foster parents of legal guardians under specified conditions pursuant to sections 98(1), 242(1) and 246 of the Labour Code and limiting the working hours of women with children under one-and-a-half years of age pursuant to section 91(2) of the Labour Code do not adversely affect the labour force participation of men and women workers with family responsibilities. Please indicate whether consideration is being given to allowing men and women with family responsibilities, on an equal footing, to have access to such work with their consent.

Entitlements for men and women workers with family responsibilities. The Committee notes the sections of the Labour Code relating to the right to leave during the first year of employment for pregnant women and new mothers, as an exception to the principle of exercising the right to leave only six months after the commencement of employment (section 131(1) and (4)). The Committee also notes the sections of the Labour Code relating to: (i) the prohibition of a probationary period for pregnant women, women with a child under three years of age, and single fathers with a child under three years of age (section 52(1)); (ii) the prohibition of termination of employment for pregnant women, women with a child under three years of age, fathers independently raising a child under three years of age, and employees whose only income source is the enterprise where they work and with a child under school age (section 79(1)); (iii) the right to additional leave for women with two children under 14 years of age (two days in a calendar year), and for women with three or more children of this age or with a child with restricted health condition (five days in a calendar year) (section 117(1)), and by virtue of section 117(2), this also applies to fathers independently raising a child, or foster parents; and (iv) the prohibition of refusing entry into a labour contract with women with a child under three years of age, except in cases “when employers do not have an appropriate work (position)” or when the prohibition of certain kinds of work for women applies (section 240(1)); (v) requiring written consent of women with a child between the ages of three and 14 years or a child with restricted health conditions for night work, overtime work, work on weekends or holidays, or business trips (section 242(2)); and (vi) upon a worker’s request, the employer has to provide an option of part-time daily or weekly work with pay which is based on their experience and seniority, for pregnant women or women with a child under 14 years of age, or with a child with restricted health conditions or with a sick family member based on a medical certificate (section 245(1)). By virtue of section 246 of the Labour Code, sections 240(1), 242(2), and 245(1) also apply to single fathers, foster parents or legal guardians, however, only under conditions that they have to independently raise the children due to a particular reason (if mother of the children has died, or has been deprived of her motherhood rights, or has to be away for therapy in medical institutions, or has to spend time in detention facilities). The Committee draws the Government’s attention to the fact that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. In order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey on fundamental Conventions, 2012, paragraph 786). The Committee therefore considers that the measures taken in favour of workers with family responsibilities must be made available to men and women equally. The Committee asks the Government to indicate any measures taken or envisaged to ensure that the entitlements under the Labour Code are available to men and women with family responsibilities on an equal footing.

Other leave entitlements. The Committee notes that under the Labour Code, partially paid social leave is granted to a single parent or another family who is directly caring for children under three years of age (section 127(1)); unpaid leave is granted at a worker’s request on the basis of the opinion of a medical board, to one of the parents of a chronically ill child or another family member directly engaged in childcare, until the child reaches the age of four (section 130(a)); up to 14 days in a calendar year for men whose wives are on maternity leave (section 130(b)); up to 14 days in a calendar year for women with children under the age of 16 or single parents or guardians (section 130(c)); up to 14 days in a calendar year for parents raising children suffering from acquired immune deficiency syndrome (AIDS) or infected with the human immune deficiency virus (HIV) and for parents with children with restricted health conditions up to 18 years old (section 130(g)); up to 14 days in a calendar year for the period stated in a medical opinion for one relative caring for a sick family member (section 130(k)); up to 14 days in a calendar year for employees with disabled children under the age of 18 (section 130(l)); and up to seven days for the workers to solve family, household and other social issues (section 130(m)). The Committee asks the Government to provide statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements under section 130 of the Labour Code, with a view to enabling workers to reconcile work and family responsibilities. Please also provide information on any other measures taken to take account of the needs of workers with family responsibilities in the public and private sectors with respect to conditions of work and social security.

Article 5. Childcare and family services and facilities. The Committee asks the Government to provide information on the following: (i) the extent of childcare, family services available for men and women workers with family responsibilities; (ii) the number of workers with family responsibilities making use of the existing childcare and family services and facilities; and (iii) the number and age of children requiring care.

Article 6. Education for the public. The Committee asks the Government to provide information on measures taken or envisaged to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment between men and women, and of the problems encountered by persons with family responsibilities who are employed or who want to become employed and on the impact of these activities on public opinion.

Article 7. Integration in the labour force. Recalling the importance of improving the employment possibilities and job security of workers with family responsibilities through strengthening their occupational qualifications, the Committee asks the Government to provide information on any practical and legal measures taken or envisaged to take into account the specific needs of male and female workers with family responsibilities in order to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 8. Protection against dismissal on the ground of family responsibilities. The Committee notes that section 79(1) of the Labour Code provides that “the employer shall be prohibited from terminating the employment contracts” of “pregnant woman and women with a child under three years of age, fathers independently raising a child under three years of age” and workers “whose sole income source is the enterprise where they work and who are raising a child under school age”. While welcoming the provision concerning the protection against dismissal for workers with family responsibilities, the Committee asks the Government to indicate if any consideration is being given to providing protection against dismissal for men and women workers with family responsibilities on an equal footing.

Article 11. Workers’ and employers’ organizations. The Committee asks the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and to provide information on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures.

Parts III–V of the report form. Practical application. The Committee notes the Government’s indication that the state labour inspectorate is in charge of the application of the Convention, with the possibility of prosecution for the violation of the laws pursuant to section 313 of the Labour Code. It also notes the Government’s indication that no court decisions have been handed down so far concerning the application of the Convention. The Committee asks the Government to provide information on the supervisory authorities and enforcement mechanisms, including the labour inspectorate, in giving effect to the provisions of the Convention, as well as any administrative or judicial decisions relating to the application of the Convention. The Committee also asks the Government to provide information, including statistical data disaggregated by sex, studies, surveys or reports that may enable the Committee to assess how the principles of the Convention are applied in practice, and how progress is being made to address existing inequalities between men and women workers with family responsibilities and between these workers and workers without such responsibilities.