Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

Convenio sobre los trabajadores con responsabilidades familiares, 1981 (núm. 156) - Argentina (Ratificación : 1988)

The Committee notes the information contained in the Government's first and subsequent reports. It would like to draw attention to the following points:

Article 1 of the Convention. The Committee would be grateful if the Government would provide information on how the terms "dependent children" or "other members of their immediate family who clearly need care or support" are defined for purposes of applying the provisions of the Convention, as distinct from the existing definitions utilized for example, for taxation purposes.

Article 2. The Committee requests the Government to provide information on how the Convention is applied to all branches of economic activity and all categories of workers.

Article 3. The Committee notes that in its report the Government refers to article 14bis of the Constitution, which provides for the protection of the worker and his/her family, and to legislative provisions aimed at guaranteeing women protection and benefits in relation to pregnancy and maternity. Referring to paragraphs 22 to 31 of its 1993 General Survey, the Committee observes that the aim of the Convention is not to pursue a general "family policy" or to protect maternity, but rather to create equality of opportunity and treatment in employment for workers with family responsibilities within the wider framework of measures to promote equality between the sexes. The Committee requests the Government to provide information on the measures taken or contemplated to adopt a national policy, beyond the constitutional protection of the family and the protection of maternity to enable workers 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, in accordance with Article 3 of the Convention. In this connection, it refers to Chapter II of its 1993 General Survey in which it clarifies the requirements of the Convention in regard to national policies and gives examples of such policies.

Article 4, paragraph (a). The Committee requests the Government to provide detailed information on specific measures taken or contemplated to enable workers with family responsibilities to exercise their right to free choice of employment.

Paragraph (b). 1. The Committee notes that male and female public servants are entitled to different terms and conditions of employment as regards leave (available to a male civil servant upon the death of his wife under section 10(i) of Decree No. 3413 of 28 December 1979, available to working mothers under section 183 of the Employment Contracts Act, and to female civil servants to care for an adopted child under section 10(h) of Decree No. 3413). It accordingly asks the Government to take measures to amend the legislation so that men and women workers with family responsibilities are entitled to leave on an equal basis. It also asks the Government to indicate whether section 7 of the Consolidated Text of Decree No. 18017 of 24 December 1984 (which provides a spouse allowance for a man worker even if his wife is employed, but only grants such an allowance to a woman worker if her lawful dependent husband is unable to work), has been or will be amended to accord the same standards of eligibility for the spouse allowance for both men and women workers.

2. The Committee also requests the Government to supply information on measures which have been taken or are contemplated (in addition to unpaid post-natal leave available to working mothers and the special leave for civil servants to care for dependent children or other family members), to enable working parents in both the private and public sectors to better integrate their work and family responsibilities, such as flexible work schedules, job sharing and entitlements to leave specifically labelled "family" or "parental" leave.

Article 5. The Committee requests the Government to provide information on the measures taken or contemplated to establish or develop at the community level, public or private child-care and family services and facilities to assist workers in reconciling their work and family responsibilities.

Article 6. The Committee requests the Government to provide in its next report information on any public information and education activities that have been undertaken to foster a broad understanding of the principle of equality and treatment for men and women workers and of the problems encountered by workers with family responsibilities, as well as an environment conducive to implementing solutions to such problems.

Article 7. The Committee requests the Government to supply information on whether and how the Ministry of Labour and Social Security has taken or will take into account the principle of equality and treatment for men and women workers and the needs of workers with family responsibilities with respect to its mandate to promote employment and training of unemployed workers set forth in sections 128-130 of National Employment Act No. 24013 of 5 December 1991. The Committee also requests the Government to provide information on whether any services exist for workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities. In this regard, it requests the Government to supply detailed information on any provisions establishing vocational training facilities, paid educational leave, vocational guidance, counselling or information and placement services for both men and women workers who have left the workplace temporarily to take care of family responsibilities.

Article 8. The Committee requests the Government to supply information on any measures, including any relevant judicial decisions, that specifically protect workers in both the private and public sectors against dismissal, suspension or other disciplinary action for having taken care of family responsibilities.

Article 9. The Committee requests the Government to provide copies of any collective agreements, as well as court decisions, so that it can assess the practical application of the provisions of the Convention.

Article 11. The Committee requests the Government to indicate in its next report the manner in which employers' and workers' organizations participate in the administration and application process of implementing the provisions of the Convention.

Part III of the report form. The Committee requests the Government to provide information on the supervisory authorities and enforcement mechanisms, particularly the Labour Inspection Service's activities, with respect to the application of the Convention.

Part V of the report form. The Committee would be grateful if the Government would supply in future reports any general observations regarding the application of the Convention, including for example reports, studies and inquiries, as well as any available statistics on the number and breakdown of sex of workers with family responsibilities who are employed or are seeking work.