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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Niger (Ratification: 1985)

Article 3 of the Convention. National policy. The Committee notes the adoption of the National Gender Policy in July 2008 as well as the National Employment Policy (Decree No. 2009-095/PRN/MFP/T of 12 March 2009) and of the action plan (2008–12) for its implementation. It notes that, according to the Government’s report, the objectives of the National Employment Policy include enhancing equality of opportunity for all jobseekers, combating discrimination, particularly against vulnerable groups, and improving the social protection scheme and extending it to workers and their families. The Committee, as it does not have the corresponding texts, requests the Government to indicate in detail the way in which the National Employment Policy and the National Gender Policy will 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, with an indication of the measures specifically taken or envisaged. The Committee also requests the Government to supply copies of the texts of the policies.

Article 4. Leave entitlements. The Committee notes that no measure has been taken to extend to men the benefits currently provided for women workers with family responsibilities, such as the additional annual leave provided under section 119 of the new Labour Code (Act No. 2012-45) adopted on 25 September 2012. The Committee reminds the Government that to establish effective equality of opportunity and treatment for all workers, all measures compatible with national conditions and possibilities shall be taken to take account of their needs regarding terms and conditions of employment. The Committee requests the Government to take the necessary measures to ensure that all provisions and benefits concerning workers with family responsibilities are applicable to men and women on an equal footing and to provide information on any measures taken in this regard.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that eight regions in the country have centres for mothers and children which are operational and which provide quality care to families. The Committee once again requests the Government to provide information on the operation of these centres, specifying the extent to which they take into consideration the needs of working fathers. The Committee also requests the Government to provide information on all public or private childcare and family services and facilities, such as crèches or nurseries, which have been set up.

Article 6. Information and education. The Committee notes the Government’s indication that in 2009 the question of workers with family responsibilities was on the agenda of a workshop on discrimination in employment and occupation, in which representatives of civil society and the State and employers’ and workers’ organizations participated. The Committee requests the Government to continue providing information on any initiatives to enhance awareness of the difficulties faced by workers with family responsibilities, particularly through information and awareness-raising campaigns for the public, with an indication of the role of the social partners in this context.

Article 7. Integration in the labour market. Recalling once again the importance of vocational training and employment programmes to assist workers with family responsibilities to re-enter the labour market after an absence due to those responsibilities, particularly in the context of termination of employment for economic reasons, the Committee requests the Government to indicate how and to what extent the specific needs of these workers are taken into account in this regard in the National Employment Policy adopted in 2009.

Article 8. Protection against dismissal. The Committee notes that the new Labour Code does not explicitly prohibit termination of employment due to family responsibilities. Regarding the protection of workers with family responsibilities against dismissal in practice, the Committee notes that there have been no court decisions on discrimination against workers with family responsibilities. The Committee wishes to draw the Government’s attention to the fact that the absence of cases of this kind in the courts does not necessarily mean that this type of practice does not exist, but could indicate the absence of an appropriate legal framework, a lack of awareness among workers of their rights, or difficulties in accessing the appropriate procedures. The Committee asks the Government to provide specific information on how workers with family responsibilities are protected against termination of employment. The Committee also requests the Government to continue providing information on any cases brought to the courts, and their outcome.

Article 9. Application of the Convention by collective agreements. Please provide information on any collective agreements which contain clauses concerning workers with family responsibilities.

Part V of the report form. Noting that the Government’s report does not contain information on this point, the Committee once again expresses its hope that the Government will make every effort to provide information in its next report on the progress made and the difficulties in the application of the Convention, including relevant extracts from reports, studies or surveys on the issues covered by the Convention as well as statistics on the employment situation of workers with family responsibilities and on the number and the capacity of childcare and family support services.