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

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee takes note of Ordinance No. 2023-01 of 28 July 2023, which suspends the Constitution of 25 November 2010, and establishes the National Council for the Safeguard of the Homeland, as well as Ordinance No. 2023-02 of 28 July 2023, on public authorities during the transition period, as communicated by the Government. It notes that, under Ordinance No. 2023-02, laws and regulations enacted and published as of the signing date of the ordinance remain in force unless expressly repealed (section 19). The Commission also notes that this Ordinance provides that Niger remains bound by ratified International Treaties and Agreements (section 3).

Article 3 of the Convention. National policy. The Committee notes the Government’s indication in its report that in 2017 it adopted a new National Gender Policy, focused on four strategic objectives: (i) improvement of the socio-cultural environment vis-à-vis demographics, peace and security to ensure greater equity between men and women; (ii) strengthening of the institutional and legal framework for the effective application of women’s and girls’ rights, the fight against gender-based violence and the equitable participation of men and women in the management of powers; (iii) economic empowerment and inclusive growth in relation to the sustainable management of the environment, disaster risk management, migration and humanitarian emergencies; and (iv) strengthening of institutional mechanisms and organizational frameworks for coordination, follow-up and partnership. It notes that the description of the country circumstances in the National Gender Policy includes acknowledgement that “the traditional organization of society of Niger is patriarchal in most communities. Men hold the authority within a household, set the rules and acceptable behaviour, and are in charge of supervising and managing family assets. They make the critical decisions and are the breadwinners for the members of the household. The women, for their part, have the social responsibility for the functioning of domestic life. They perform household chores and care for children and other family members […]. The performance of income-generating economic activities grants a woman a role in society and prestige, if she is successful. This particularity does not, however, amount to an equal status or position between men and women.” The Committee notes that, although the National Gender Policy does not specifically refer to reconciliation between family and work responsibilities, some of the measures envisaged or implemented under strategic objective No. 3 aim to reduce the load of domestic chores placed on women. It notes, however, that measures in this regard are mainly aimed at lightening women’s domestic workload (by providing technologies to shorten the time allocated to family chores) and not really at promoting the idea of a fairer distribution of domestic chores within households, and thus tend to further reinforce the idea that family roles are reserved for women. In practice, it is mainly women who assume the family responsibilities and for whom reconciling these with their work life is difficult. A better distribution of family responsibilities between men and women in a household is essential to effectively promote gender equality in employment and occupation. The Committee also notes that in 2022 the Government adopted the Economic and Social Development Plan 2022–2026, which addresses several aspects related to reducing gender inequality, including the question of increasing “budget-time” for women by lightening their domestic workload. Lastly, it notes the challenges faced in implementing the National Gender Policy identified by the Government: (i) political (the active involvement of all stakeholders is crucial); (ii) technical (need for an advocacy strategy to mobilize resources and a communication strategy to support the implementation of the National Gender Policy and ensure its results are visible); and (iii) financial (mobilization of the funding needed to implement the National Gender Policy and increase in the resources allocated, which will necessarily entail a reallocation of resources that takes account of gender-related needs in the various sectors of activities).

The Committee recalls, as set out in its 2020 general observation, the importance of awareness-raising and education campaigns to: (i) promote broader public understanding of the difficulties faced by workers with family responsibilities; (ii) correct misinformation or contradict negative attitudes and beliefs vis-à-vis workers using flexible arrangements, while boosting their self-esteem, reducing self-stigma and promoting stress management; (iii) encourage men to participate more in family responsibilities; and (iv) promote understanding of the benefits to society, families and the workplace of gender equality and a better balancing of work and family life. The Committee requests the Government to provide information on the specific measures taken under the National Gender Policy and the Economic and Social Development Plan to enable persons with family responsibilities, particularly women, who hold or wish to hold a job to exercise their right to keep or obtain such work without being discriminated against and without conflict between their work and family responsibilities in practice.

Article 4. Entitlement to leave. With regard to the benefits available only to women workers with family responsibilities (such as the additional annual leave provided under section 119 of the Labour Code of 2012), the Committee notes with deepconcern that once again the Government merely indicates that it takes note of the Committee’s comments on this matter that it has been making for several years. The Committee therefore urges the Government to take the necessary measures, during a future revision of the Labour Code, to ensure that all provisions and benefits concerning workers with family responsibilities are equally applicable to men and women with family responsibilities and to keep it informed of any progress made in this regard.

Article 5. Childcare and family services and facilities.Noting that the Government does not provide any information on this point, the Committee once again requests the Government to provide (i) information on the establishment of the community nursery schools that the Ministry of Education had undertaken to establish throughout the country with the support of UNICEF, indicating whether there are admission requirements related to the employment status of the mother and father, and on the operation of the centres for mothers and children; and (ii) any available information on the total number of children benefiting from the country’s public or private care services and facilities in comparison to the total number of children in the population.

Article 6. Information and education. Noting that the Government does not provide any information on the “school for husbands” initiative, the Committee once again requests the Government to indicate to what extent this initiative effectively encourages men from the communities concerned to become more involved in family responsibilities and has promoted a better understanding of the advantages for society, families and the workplace brought about by gender equality and a better balance between work and family life.

Article 8. Protection against dismissal. The Committee recalls that the 2012 Labour Code (sections 5 and 78) do not expressly prohibit dismissal due to family responsibilities. The Government indicates: (i) that it takes note of the Committee’s suggestion to explore the possibility, in collaboration with the workers’ and employers’ organizations, of amending the Labour Code, during a future revision, with a view to including “family responsibilities” in either: (a) section 5, which specifies grounds that the employer cannot use as a basis for decisions, particularly regarding termination of the employment contract; or (b) section 78, which specifies grounds that cannot constitute a basis for dismissal; (ii) but that this will not be carried out before presentation and discussion of the issue at a National Labour Council session. The Committee requests the Government to provide information on the progress made in this regard.

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

Article 3 of the Convention. National policy. The Committee recalls that, in accordance with Article 3 of the Convention, with a view to creating effective equality of opportunity and treatment for men and women workers, each Member shall make it an aim of national policy to enable 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. These measures therefore fall within the wider framework of gender equality. It is essential that the policy be designed not only to eliminate all discrimination against workers with family responsibilities in law and practice, but that active measures be taken to promote the principle of equality of opportunity and treatment for these workers in all areas of employment and occupation (see General Survey of 1993 on workers with family responsibilities, paragraphs 54–59). The Committee recalls that the Government adopted the National Gender Policy in July 2008, which emphasizes that “for her part, the woman has the social responsibility for the functioning of domestic life, she performs household chores and cares for children and other family members”, and the National Employment Policy in March 2009. The Committee notes that a new National Gender Policy is reported to have been adopted by the Government in August 2017. The Committee requests the Government to provide information on any measures taken within the framework of the National Gender Policy of 2008 to give women, and men, the opportunity to reconcile family and professional responsibilities, and to indicate the obstacles encountered in the implementation of this Policy. The Committee also requests the Government to provide a copy of the new Policy and describe in detail the measures established to enable men and women workers to be employed or to practise a profession, to reconcile work and family responsibilities and to not be subject to discrimination on the basis of their family responsibilities, in all aspects of employment.

Article 4. Entitlement to leave. The Committee recalls that the benefits available to female workers with family responsibilities, such as the additional annual leave provided for under section 119 of the Labour Code of 2012, must also be applicable to male workers with family responsibilities. The Committee notes that the Government merely indicates that it takes note of the Committee’s comments on this matter. The Committee once again requests the Government to take the necessary measures, during a future revision of the Labour Code, to ensure that all provisions and benefits concerning workers with family responsibilities are equally applicable to men and women 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 the Ministry of Education plans to establish 160 community nursery schools throughout the country during the 2016–17 school year, with the support of UNICEF. It also recalls the Government’s previous indication that the eight regions of the country have operational centres for mothers and children which provide quality care to families. The Committee requests the Government to provide information on the establishment of the community nursery schools, indicating whether there are admission requirements related to the employment status of the mother and father, and on the operation of the centres for mothers and children, and any available information on the total number of children benefiting from all public or private care services and facilities in comparison to the total number of children in the population.

Article 6. Information and education. The Committee welcomes the “school for husbands” initiative, which aims to involve men in the promotion of reproductive health and encourage a change in behaviour at the community level. The Committee requests the Government to indicate to what extent this initiative enables better understanding of the principle of equality of treatment and opportunity for men and women workers and the difficulties faced by workers with family responsibilities. It requests the Government to provide information on any measures taken to this end, particularly through information and awareness-raising campaigns for the general public, with an indication of the role of the social partners in this regard.

Article 8. Protection against dismissal. The Committee recalls that the Labour Code of 2012 (sections 5 and 78) does not explicitly prohibit termination of employment on the grounds of family responsibilities. In the absence of information on the existence of non-legislative protection for workers with family responsibilities against dismissal, the Committee requests the Government to explore the possibility, in collaboration with the workers’ and employers’ organizations, of amending the Labour Code, during a future revision, with a view to including “family responsibilities” in either: (i) section 5, which specifies grounds that the employer cannot use as a basis for decisions, particularly regarding termination of the employment contract; or (ii) section 78, which specifies grounds that cannot constitute a basis for dismissal. The Government is requested to provide information on any measure taken in this regard.

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

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 4(b) of the Convention. In its previous comments, the Committee recalled that section 119(4) of the Labour Code provides for supplementary annual leave for women with dependent children but that the same leave is not available to men. The Committee pointed out that, under the Convention, special measures of protection or assistance taken to reduce inequalities between men and women that target women alone, are not necessarily discriminatory. Nonetheless, the aim of national policies under the Convention is to promote full coverage of both men and women workers in all programmes concerning workers with family responsibilities (paragraph 35 of the General Survey of 1993 on workers with family responsibilities). The Committee notes that the Government indicates again that no measures have been taken regarding male workers with family responsibilities. Accordingly, the Committee requests the Government to take the measures necessary to extend the benefits currently available to women workers with family responsibilities also to male workers with such responsibilities.

Article 5. The Committee notes that the Government again refers to Order No. 0079/MSP/ICE/MEF of 26 April 2006 granting free prenatal consultations as well as care for children up to 5 years of age under the public health system, as a measure to assist workers. It also notes that, according to the Government’s report, regional mother and child centres financed by the Special Programme of the President of the Republic will be built and opened in the near future. The Committee requests the Government to provide information on the opening and functioning of the regional mother and child centres, including information on their number and the services they provide to children and families. The Government is also requested to indicate the extent to which the needs of working fathers are also addressed through these centres.

The Committee notes that the Government’s report does not contain information in reply to a number of issues raised by the Committee previously. The Committee hopes that the Government’s next report will contain full information on the points raised in its previous direct requests, the relevant parts of which read as follows:

Article 3 of the Convention. Recalling the Committee’s comments since 1995 regarding the need to frame and adopt a national employment policy that would take into account the points raised in Article 3, the Committee notes from the Government’s report that it has not yet adopted such a policy but that it is continuing to work towards this end. It draws the Government’s attention to paragraphs 54–95 of the General Survey of 1993 on workers with family responsibilities which may be of assistance in formulating such a policy. The Committee reminds the Government of the importance of adopting a national policy in accordance with Article 3 using measures compatible with national conditions and possibilities, and asks the Government to keep it informed on progress made in this regard.

…

Article 6. The Government states that, in the context of the project to support the implementation of the ILO Declaration (PAMODEC), it has organized awareness-raising and information seminars for the benefit of trade unions, teachers, civil society and other interested groups to achieve a greater understanding of the ILO’s fundamental Conventions. The Committee welcomes this ongoing work and asks the Government to provide specific information on what is being done in the context of PAMODEC, or otherwise, to educate the public about the problems faced by workers with family responsibilities and to create a climate of opinion conducive to overcoming these problems.

Article 7. The Committee notes from the Government’s report that the social plans negotiated between workers and employers in the event of staff reductions take into account the particular problems facing workers with family responsibilities by, for instance, granting social insurance to such workers for a negotiated period of time as well as taking into account a worker’s family situation in the determination of severance pay. In this context of staff reductions and dismissals, the Committee recalls the importance of vocational training and employment programmes to assist workers with family responsibilities to enter and re-enter the labour market. Given the Government’s earlier indication that this matter would be taken up in its national employment policy, the Committee requests the Government to keep it informed of any progress achieved in this regard.

Article 8. In its previous comments on this Article, the Committee asked the Government to indicate whether it would consider, if the occasion arose, amending its Labour Code to explicitly prohibit termination on the ground of a worker’s family responsibilities. In response, the Government reports that it stands by its comments on this matter contained in its previous report received on 10 June 2002. In that report, the Government referred to section 74 of Ordinance 96-039 of 29 June 1996 concerning the Labour Code, instructing employers to take into account their employees’ family situation when prioritizing the dismissal of workers for business-related reasons. It also referred to sections 84 and 85 of the Labour Code stating that, apart from dismissals for business-related reasons, a contract of employment can only be terminated by the employer where there is some fault committed by the employee in the performance of his or her work. From this information, the Committee infers that the Government is of the view that the Labour Code sufficiently protects workers from dismissal on the basis of their family responsibilities. The Committee, therefore, asks the Government to provide information on how employees are protected in practice from dismissal on the basis of their family responsibilities including the number and outcome of judicial cases dealing with such claims.

Part V of the report form. The Committee recalls the importance of gathering information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention. The Committee hopes the Government will make its best efforts to provide such information, where possible, in its next report including for example, extracts from reports, studies or inquiries relevant to the matters covered by the Convention, and statistics on workers with family responsibilities in employment and on existing or needed childcare and family services.

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

1. Article 3 of the Convention. Recalling the Committee’s comments since 1995 regarding the need to frame and adopt a national employment policy that would take into account the points raised in Article 3, the Committee notes from the Government’s report that it has not yet adopted such a policy but that it is continuing to work towards this end. It draws the Government’s attention to paragraphs 54–95 of the 1993 General Survey on workers with family responsibilities which may be of assistance in formulating such a policy. The Committee reminds the Government of the importance of adopting a national policy in accordance with Article 3 using measures compatible with national conditions and possibilities, and asks the Government to keep it informed on progress made in this regard.

2. Article 4(b). Recalling that section 119(4) of the Labour Code provides for supplementary annual leave for women with dependent children but that the same leave is not available to men, the Government indicates in its report that it has not made any provision for male workers with family responsibilities. The Committee points out that, under the Convention, special measures of protection or assistance taken to reduce inequalities between men and women that target women alone, are not necessarily discriminatory. Nonetheless, the aim of national policies under the Convention is to promote full coverage of both men and women workers in all programmes concerning workers with family responsibilities (paragraph 35 of the 1993 General Survey). The Committee, therefore, asks what measures the Government is taking or considering to extend the benefits currently available to women workers with family responsibilities to male workers as well.

3. Article 5. The Committee notes the Government’s adoption of Decree No. 0079/MSP/ICE/MEF on 26 April 2006 granting free prenatal consultations as well as care for children up to 5 years of age under the public health system. It recalls nonetheless the Government’s indication that many cooperatives providing childcare and family services faced difficulties, often resulting in their closure. The Committee  asks the Government, therefore, to provide information on how the needs of workers with family responsibilities are taken into account in community planning, particularly concerning the provision of childcare and family services and facilities, and draws the Government’s attention in this regard to Paragraphs 24–26 of Recommendation No. 165.

4. Article 6. The Government states that in the context of the project to support the implementation of the ILO Declaration (PAMODEC), it has organized awareness-raising and information seminars for the benefit of trade unions, teachers, civil society and other interested groups to achieve a greater understanding of the ILO’s fundamental Conventions. The Committee welcomes this ongoing work and asks the Government to provide specific information on what is being done in the context of PAMODEC, or otherwise, to educate the public about the problems faced by workers with family responsibilities and to create a climate of opinion conducive to overcoming these problems.

5. Article 7. The Committee notes from the Government’s report that the social plans negotiated between workers and employers in the event of staff reductions take into account the particular problems facing workers with family responsibilities by, for instance, granting social insurance to such workers for a negotiated period of time as well as taking into account a worker’s family situation in the determination of severance pay. In this context of staff reductions and dismissals, the Committee recalls the importance of vocational training and employment programmes to assist workers with family responsibilities to enter and re-enter the labour market. Given the Government’s earlier indication that this matter would be taken up in its national employment policy, the Committee requests the Government to keep it informed of any progress achieved in this regard.

6. Article 8. In its previous comments on this Article, the Committee asked the Government to indicate whether it would consider, if the occasion arose, amending its Labour Code to explicitly prohibit termination on the ground of a worker’s family responsibilities. In response, the Government reports that it stands by its comments on this matter contained in its previous report received on 10 June 2002. In that report, the Government referred to section 74 of Ordinance 96-039 of 29 June 1996 concerning the Labour Code, instructing employers to take into account their employees’ family situation when prioritizing the dismissal of workers for business-related reasons. It also referred to sections 84 and 85 of the Labour Code stating that, apart from dismissals for business-related reasons, a contract of employment can only be terminated by the employer where there is some fault committed by the employee in the performance of his or her work. From this information, the Committee infers that the Government is of the view that the Labour Code sufficiently protects workers from dismissal on the basis of their family responsibilities. The Committee, therefore, asks the Government to provide information on how employees are protected in practice from dismissal on the basis of their family responsibilities including the number and outcome of judicial cases dealing with such claims.

7. Part V of the report form. The Committee recalls the importance of gathering information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention. The Committee hopes the Government will make its best efforts to provide such information, where possible, in its next report including for example, extracts from reports, studies or inquiries relevant to the matters covered by the Convention, and statistics on workers with family responsibilities in employment and on existing or needed childcare and family services.

[The Government is asked to reply in detail to the present comments in 2009.]

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

1. Articles 3 and 4(a) of the Convention. In its previous comments, the Committee drew the attention of the Government to the need to provide information on the adoption of a national policy in accordance with Article 3 of the Convention and to provide information on the measures taken or envisaged to enable workers with family responsibilities to exercise their right to the free choice of employment in accordance with Article 4(a) of the Convention. The Committee notes the Government’s statement that the national policy has not yet been adopted but that the points raised in regard to Articles 3 and 4(a) of the Convention will be taken into consideration in the adoption of the national employment policy, which is still being discussed. The Committee hopes that the Government will be in a position to indicate in its next report the measures taken or contemplated to adopt the national policy to enable workers with family responsibilities to engage in employment without being subject to discrimination and to the extent possible without conflict between their employment and family responsibilities.

2. Article 4(b). The Committee notes that the Government’s report does not include a reply concerning the measures taken or envisaged to extend the application of section 119(4) of the Labour Code - which provides for supplementary annual leave for women with dependent children - also to men with dependent children. It therefore reiterates its request to the Government to provide information on any developments in this regard as well as to supply information on any other measures taken with respect to terms and conditions of employment in order to take account of the needs of workers with family responsibilities. The Committee refers the Government to Paragraphs 17-24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).

3. Article 5. Concerning its previous request for information on the manner in which family health centres and cooperatives or other organizations assist workers in caring for their dependent children or other family members, the Committee notes that the Government states that many of the cooperatives had difficulties, often resulting in their closure, that have rendered it impossible for them to pursue their activities. The Committee requests the Government to provide information on how health centres and organizations other than cooperatives are providing community services such as childcare and family services in accordance with Article 5(b) of the Convention. Please also continue to supply information on the manner in which the needs of workers with family responsibilities are taken into account into community planning at the local and regional levels in accordance with Article 5(a) of the Convention.

4. Article 6. The Committee notes that the cooperation programme with the ILO of 2002 envisages awareness-raising and information campaigns as well as training on all the Conventions ratified by Niger. The Committee welcomes these campaigns as a valuable step to raise awareness on the provisions of Convention No. 156. It asks the Government to supply information on the measures taken or envisaged within the context of this campaign to disseminate information and educate the public on 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.

5. Article 7. With reference to its previous comments, the Committee notes the Government’s statement that the tripartite committee responsible for examining the assistance to be given to workers with family responsibilities who have been made redundant due to staff reductions has never been operational. Instead, the social partners together with the Government have agreed that each employer who wishes to proceed with staff reductions must develop a social plan that is being discussed between the employer and the staff representatives in the presence of the labour inspector. The Committee requests the Government to provide information on how these social plans are taking into account the specific situation of workers with family responsibilities and their possibilities to remain integrated in the labour market. Noting further that the question of vocational training and employment programmes to help workers with family responsibilities to enter and re-enter the labour market will be taken up in the document on the national employment policy, the Committee requests the Government to keep it informed of any progress achieved in this regard.

6. Article 8. Further to its previous comments concerning provisions that prohibit family responsibilities from being used as a reason for termination, the Committee notes the information that section 37 of the old Labour Code and section 33 of the interoccupational collective agreement have been superseded by section 74 of the Ordinance 96-039 of 29 June 1996 concerning the Labour Code. It further notes that sections 84 and 85 of this Labour Code provide that any termination of the employment contract envisaged by the employer shall be justified by a fault committed by the worker in the execution of his or her contract, under penalty of legal action. The Committee asks the Government to indicate whether it considers, if the occasion of a revision of the Labour Code arises, to amend the Labour Code so as to explicitly prohibit termination on grounds of family responsibilities, and to provide information on any developments in this regard.

7. Part V of the report form. Noting the Government’s statement that no statistics exist on the matters dealt with in the Convention, the Committee wishes to draw attention to the need to provide such information so as to enable the assessment of how the Convention is applied in practice.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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:

Article 3 of the Convention. The Committee also notes the information provided by the Government in its last report relating to protection against discrimination on the basis of sex. The Committee would draw the Government’s attention to the obligation imposed under Article 3 on each member State to make it an aim of national policy to enable workers with family responsibilities to engage in employment without being subject to discrimination and to the extent possible without conflict between their employment and family responsibilities. In this connection it would refer the Government to Paragraphs 6-11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee hopes that the Government will be able to indicate in its next report the measures taken or contemplated to adopt the national policy called for under this Article of the Convention.

  Article 4(a). The Committee notes the information supplied by the Government in reply to its comment concerning the interprofessional collective agreement. It again requests the Government to kindly supply information concerning the measures taken or envisaged to enable workers with family responsibilities, in relation to their dependent children or in relation to other members of their immediate family who clearly need their care or support, to exercise their right to the free choice of employment in accordance with the requirement of this Article of the Convention.

  Article 4(b). In its previous direct request, the Committee noted that section 119(4) of the Labour Code provides for supplementary annual leave for women with dependent children. It again requests the Government to indicate the measures that have been taken or are contemplated to extend this provision to men with dependent children. It further requests the Government to provide information on any other measures taken in regard to terms and conditions of employment in order to take account of the needs of workers with family responsibilities. In this connection, the Committee would refer the Government to Paragraphs 17-24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which provide examples of arrangements which may enable workers with family responsibilities to better reconcile their employment with such responsibilities.

  Article 5(a). The Committee notes from the last government report that family responsibilities are considered to be a qualification requirement in the distribution of parcels of land undertaken by the Maire Committee and in the distribution of social housing, an activity undertaken by the CNSS. The Committee requests the Government to continue to supply information in future reports on measures that have been implemented or are contemplated to take account of the needs of workers with family responsibilities in community planning at the local and regional levels.

  Article 5(b). The last government report indicates that family health centres have been established to help workers with family responsibilities draw up family budgets and that information centres exist to inform men and women about family planning. It further states that cooperatives help workers integrate their social and economic functions. The Committee notes this information and would be grateful if the Government would provide further details on the manner in which such centres, cooperatives or other organizations assist workers in caring for their dependent children or other members of the immediate family who may be dependent upon them, such as elderly persons.

  Article 6. The Committee would be grateful if the Government would continue to supply information on all measures taken or contemplated 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. The Committee notes from the last government report that no vocational training measures exist to enable workers to re-enter the labour market after an absence due to their family responsibilities. It also notes that no follow-up has occurred to the establishment of the tripartite committee responsible for examining the assistance to be given to workers with family responsibilities who have been made redundant following staff reductions. It further notes that in the meantime the question has been presented to the National Conference which aims to take action on measures concerning, among other things, vocational training and employment creation. The Committee hopes the Government will be able to provide information concerning follow-up action taken, both in the abovementioned committee and in the National Conference, to enable workers with family responsibilities to become and remain integrated in the labour force as well as to re-enter it after an absence. It also hopes the Government will keep the Committee informed of any other measures taken or envisaged in vocational training to help workers with family responsibilities enter or re-enter the labour market.

  Article 8. The Committee notes that pursuant to article 37 of the Labour Code and article 33 of the interprofessional collective agreement, workers with family responsibilities are given credit for their dependents in the event that a reduction of workers is necessary. The Committee would be grateful if the Government would provide further information on any provisions which exist to prohibit family responsibilities from being used as a basis upon which workers may be dismissed from their employment.

  Part V of the report form. Please provide the information requested under this part of the report form.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that for a number of years the Government has not submitted a report or the report submitted has not replied to previous direct requests. The Committee draws attention to the need for information on the following points: the adoption of the national policy contemplated by Article 3 of the Convention; measures taken to enable workers with family responsibilities to exercise their right to free choice of employment; measures taken to extend the application of section 119(4) of the Labour Code to men with family responsibilities; the manner in which the needs of workers with family responsibilities are taken into account in community planning at the local and regional levels; the manner in which family health centres, cooperatives or other organizations assist workers in caring for their dependent children or other family members; measures taken to disseminate information on the principles of the Convention under Article 6; vocational training and employment programmes to enable workers with family responsibilities to enter or re-enter the labour market under Article 7; existing provisions that prohibit family responsibilities from being used as a reason for termination; and the information requested under Part V of the report form.

The Committee hopes that the Government will not fail to take the necessary  measures and to provide the information requested.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes from the report that the Government is making efforts to develop a new employment policy and hopes its comments will be taken into consideration in this process. It notes however, with regret, that the Government’s report contains no reply to previous comments. The Committee hopes that the next report will contain full information on the matters raised in its previous direct request, which reads as follows:

Article 3 of the Convention.  The Committee notes the information provided by the Government in its last report relating to protection against discrimination on the basis of sex. The Committee would draw the Government’s attention to the obligation imposed under Article 3 on each member State to make it an aim of national policy to enable workers with family responsibilities to engage in employment without being subject to discrimination and to the extent possible without conflict between their employment and family responsibilities. In this connection it would refer the Government to Paragraphs 6-11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee hopes that the Government will be able to indicate in its next report the measures taken or contemplated to adopt the national policy called for under this Article of the Convention.

  Article 4(a).  The Committee notes the information supplied by the Government in reply to its comment concerning the interprofessional collective agreement. It again requests the Government to kindly supply information concerning the measures taken or envisaged to enable workers with family responsibilities, in relation to their dependent children or in relation to other members of their immediate family who clearly need their care or support, to exercise their right to the free choice of employment in accordance with the requirement of this Article of the Convention.

  Article 4(b).  In its previous direct request, the Committee noted that section 119(4) of the Labour Code provides for supplementary annual leave for women with dependent children. It again requests the Government to indicate the measures that have been taken or are contemplated to extend this provision to men with dependent children. It further requests the Government to provide information on any other measures taken in regard to terms and conditions of employment in order to take account of the needs of workers with family responsibilities. In this connection, the Committee would refer the Government to Paragraphs 17-24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which provide examples of arrangements which may enable workers with family responsibilities to better reconcile their employment with such responsibilities.

  Article 5(a).  The Committee notes from the last government report that family responsibilities are considered to be a qualification requirement in the distribution of parcels of land undertaken by the Maire Committee and in the distribution of social housing, an activity undertaken by the CNSS. The Committee requests the Government to continue to supply information in future reports on measures that have been implemented or are contemplated to take account of the needs of workers with family responsibilities in community planning at the local and regional levels.

  Article 5(b).  The last government report indicates that family health centres have been established to help workers with family responsibilities draw up family budgets and that information centres exist to inform men and women about family planning. It further states that cooperatives help workers integrate their social and economic functions. The Committee notes this information and would be grateful if the Government would provide further details on the manner in which such centres, cooperatives or other organizations assist workers in caring for their dependent children or other members of the immediate family who may be dependent upon them, such as elderly persons.

  Article 6.  The Committee would be grateful if the Government would continue to supply information on all measures taken or contemplated 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.  The Committee notes from the last government report that no vocational training measures exist to enable workers to re-enter the labour market after an absence due to their family responsibilities. It also notes that no follow-up has occurred to the establishment of the tripartite committee responsible for examining the assistance to be given to workers with family responsibilities who have been made redundant following staff reductions. It further notes that in the meantime the question has been presented to the National Conference which aims to take action on measures concerning, among other things, vocational training and employment creation. The Committee hopes the Government will be able to provide information concerning follow-up action taken, both in the abovementioned committee and in the National Conference, to enable workers with family responsibilities to become and remain integrated in the labour force as well as to re-enter it after an absence. It also hopes the Government will keep the Committee informed of any other measures taken or envisaged in vocational training to help workers with family responsibilities enter or re-enter the labour market.

  Article 8.  The Committee notes that pursuant to article 37 of the Labour Code and article 33 of the interprofessional collective agreement, workers with family responsibilities are given credit for their dependents in the event that a reduction of workers is necessary. The Committee would be grateful if the Government would provide further information on any provisions which exist to prohibit family responsibilities from being used as a basis upon which workers may be dismissed from their employment.

  Part V of the report form.  Please provide the information requested under this point of the report form.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 request, which read as follows:

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows.

Article 3 of the Convention. The Committee notes the information provided by the Government in its last report relating to protection against discrimination on the basis of sex. The Committee would draw the Government's attention to the obligation imposed under Article 3 on each member State to make it an aim of national policy to enable workers with family responsibilities to engage in employment without being subject to discrimination and to the extent possible without conflict between their employment and family responsibilities. In this connection it would refer the Government to Paragraphs 6-11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee hopes that the Government will be able to indicate in its next report the measures taken or contemplated to adopt the national policy called for under this Article of the Convention.

Article 4(a). The Committee notes the information supplied by the Government in reply to its comment concerning the interprofessional collective agreement. It again requests the Government to kindly supply information concerning the measures taken or envisaged to enable workers with family responsibilities, in relation to their dependent children or in relation to other members of their immediate family who clearly need their care or support, to exercise their right to the free choice of employment in accordance with the requirement of this Article of the Convention.

Article 4(b). In its previous direct request, the Committee noted that section 119(4) of the Labour Code provides for supplementary annual leave for women with dependent children. It again requests the Government to indicate the measures that have been taken or are contemplated to extend this provision to men with dependent children. It further requests the Government to provide information on any other measures taken in regard to terms and conditions of employment in order to take account of the needs of workers with family responsibilities. In this connection, the Committee would refer the Government to Paragraphs 17-24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which provide examples of arrangements which may enable workers with family responsibilities to better reconcile their employment with such responsibilities.

Article 5(a). The Committee notes from the last government report that family responsibilities are considered to be a qualification requirement in the distribution of parcels of land undertaken by the Maire Committee and in the distribution of social housing, an activity undertaken by the CNSS. The Committee requests the Government to continue to supply information in future reports on measures that have been implemented or are contemplated to take account of the needs of workers with family responsibilities in community planning at the local and regional levels.

Article 5(b). The last government report indicates that family health centres have been established to help workers with family responsibilities draw up family budgets and that information centres exist to inform men and women about family planning. It further states that cooperatives help workers integrate their social and economic functions. The Committee notes this information and would be grateful if the Government would provide further details on the manner in which such centres, cooperatives or other organizations assist workers in caring for their dependent children or other members of the immediate family who may be dependent upon them, such as elderly persons.

Article 6. The Committee would be grateful if the Government would continue to supply information on all measures taken or contemplated 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. The Committee notes from the last government report that no vocational training measures exist to enable workers to re-enter the labour market after an absence due to their family responsibilities. It also notes that no follow-up has occurred to the establishment of the tripartite committee responsible for examining the assistance to be given to workers with family responsibilities who have been made redundant following staff reductions. It further notes that in the meantime the question has been presented to the National Conference which aims to take action on measures concerning, among other things, vocational training and employment creation. The Committee hopes the Government will be able to provide information concerning follow-up action taken, both in the abovementioned committee and in the National Conference, to enable workers with family responsibilities to become and remain integrated in the labour force as well as to re-enter it after an absence. It also hopes the Government will keep the Committee informed of any other measures taken or envisaged in vocational training to help workers with family responsibilities enter or re-enter the labour market.

Article 8. The Committee notes that pursuant to article 37 of the Labour Code and article 33 of the interprofessional collective agreement, workers with family responsibilities are given credit for their dependents in the event that a reduction of workers is necessary. The Committee would be grateful if the Government would provide further information on any provisions which exist to prohibit family responsibilities from being used as a basis upon which workers may be dismissed from their employment.

Point V of the report form. Please provide the information requested under this point of the report form.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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 following matter raised in its previous direct request which read as follows:

Article 3 of the Convention. The Committee notes the information provided by the Government in its last report relating to protections against discrimination on the basis of sex. The Committee would draw the Government's attention to the obligation imposed under Article 3 on each member State to make it an aim of national policy to enable workers with family responsibilities to engage in employment without being subject to discrimination and to the extent possible without conflict between their employment and family responsibilities. In this connection it would refer the Government to paragraphs 6-11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee hopes that the Government will be able to indicate in its next report the measures taken or contemplated to adopt the national policy called for under this Article of the Convention.

Article 4(a). The Committee notes the information supplied by the Government in reply to its comment concerning the interprofessional collective agreement. It again requests the Government to kindly supply information concerning the measures taken or envisaged to enable workers with family responsibilities, in relation to their dependent children or in relation to other members of their immediate family who clearly need their care or support, to exercise their right to the free choice of employment in accordance with the requirement of this Article of the Convention.

Article 4(b). In its previous direct request, the Committee noted that section 119(4) of the Labour Code provides for supplementary annual leave for women with dependent children. It again requests the Government to indicate the measures that have been taken or are contemplated to extend this provision to men with dependent children. It further requests the Government to provide information on any other measures taken in regard to terms and conditions of employment in order to take account of the needs of workers with family responsibilities. In this connection, the Committee would refer the Government to Paragraphs 17-24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165) which provide examples of arrangements which may enable workers with family responsibilities to better reconcile their employment with such responsibilities.

Article 5(a). The Committee notes from the last government report that family responsibilities are considered to be a qualification requirement in the distribution of parcels of land undertaken by the Maire Committee and in the distribution of social housing, an activity undertaken by the CNSS. The Committee requests the Government to continue to supply information in future reports on measures that have been implemented or are contemplated to take account of the needs of workers with family responsibilities in community planning at the local and regional levels.

Article 5(b). The last government report indicates that family health centres have been established to help workers with family responsibilities draw up family budgets and that information centres exist to inform men and women about family planning. It further states that cooperatives help workers integrate their social and economic functions. The Committee notes this information and would be grateful if the Government would provide further details on the manner in which such centres, cooperatives or other organisations assist workers in caring for their dependent children or other members of the immediate family who may be dependent upon them, such as elderly persons.

Article 6. The Committee would be grateful if the Government would continue to supply information on all measures taken or contemplated 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. The Committee notes from the last government report that no vocational training measures exist to enable workers to re-enter the labour market after an absence due to their family responsibilities. It also notes that no follow-up has occurred to the establishment of the tripartite committee responible for examining the assistance to be given to workers with family responsibilities who have been made redundant following staff reductions. It further notes that in the meantime the question has been presented to the National Conference which aims to take action on measures concerning, among other things, vocational training and employment creation. The Committee hopes the Government will be able to provide information concerning follow-up action taken, both in the above-mentioned committee and in the National Conference, to enable workers with family responsibilities to become and remain integrated in the labour force as well as to re-enter it after an absence. It also hopes the Government will keep the Committee informed of any other measures taken or envisaged in vocational training to help workers with family responsibilities enter or re-enter the labour market.

Article 8. The Committee notes that pursuant to article 37 of the Labour Code and article 33 of the inter-professional collective agreement, workers with family responsibilities are given credit for their dependents in the event that a reduction of workers is necessary. The Committee would be grateful if the Government would provide further information on any provisions which exist to prohibit family responsibilities from being used as a basis upon which workers may be dismissed from their employment.

Point V of the report form. Please provide the information requested under this point of the report form.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in reply to its previous direct request. It would like to draw attention to the following points.

Article 3 of the Convention. The Committee notes the information provided by the Government relating to protections against discrimination on the basis of sex. The Committee would draw the Government's attention to the obligation imposed under Article 3 on each member State to make it an aim of national policy to enable workers with family responsibilities to engage in employment without being subject to discrimination and to the extent possible without conflict between their employment and family responsibilities. In this connection it would refer the Government to paragraphs 6-11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee hopes that the Government will be able to indicate in its next report the measures taken or contemplated to adopt the national policy called for under this Article of the Convention.

Article 4(a). The Committee notes the information supplied by the Government in reply to its comment concerning the interprofessional collective agreement. It again requests the Government to kindly supply information concerning the measures taken or envisaged to enable workers with family responsibilities, in relation to their dependent children or in relation to other members of their immediate family who clearly need their care or support, to exercise their right to the free choice of employment in accordance with the requirement of this Article of the Convention.

Article 4(b). In its previous direct request, the Committee noted that section 119(4) of the Labour Code provides for supplementary annual leave for women with dependent children. It again requests the Government to indicate the measures that have been taken or are contemplated to extend this provision to men with dependent children. It further requests the Government to provide information on any other measures taken in regard to terms and conditions of employment in order to take account of the needs of workers with family responsibilities. In this connection, the Committee would refer the Government to Paragraphs 17-24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165) which provide examples of arrangements which may enable workers with family responsibilities to better reconcile their employment with such responsibilities.

Article 5(a). The Committee notes from the Government's report that family responsibilities are considered to be a qualification requirement in the distribution of parcels of land undertaken by the Maire Committee and in the distribution of social housing, an activity undertaken by the CNSS. The Committee requests the Government to continue to supply information in future reports on measures that have been implemented or are contemplated to take account of the needs of workers with family responsibilities in community planning at the local and regional levels.

Article 5(b). The Government's report indicates that family health centres have been established to help workers with family responsibilities draw up family budgets and that information centres exist to inform men and women about family planning. It further states that cooperatives help workers integrate their social and economic functions. The Committee notes this information and would be grateful if the Government would provide further details on the manner in which such centres, cooperatives or other organisations assist workers in caring for their dependent children or other members of the immediate family who may be dependent upon them, such as elderly persons.

Article 6. The Committee would be grateful if the Government would continue to supply information on all measures taken or contemplated 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. The Committee notes from the Government's report that no vocational training measures exist to enable workers to re-enter the labour market after an absence due to their family responsibilities. It also notes that no follow-up has occurred to the establishment of the tripartite committee responible for examining the assistance to be given to workers with family responsibilities who have been made redundant following staff reductions. It further notes that in the meantime the question has been presented to the National Conference which aims to take action on measures concerning, among other things, vocational training and employment creation. The Committee hopes the Government will be able to provide information concerning follow-up action taken, both in the above-mentioned committee and in the National Conference, to enable workers with family responsibilities to become and remain integrated in the labour force as well as to re-enter it after an absence. It also hopes the Government will keep the Committee informed of any other measures taken or envisaged in vocational training to help workers with family responsibilities enter or re-enter the labour market.

Article 8. The Committee notes that pursuant to article 37 of the Labour Code and article 33 of the inter-professional collective agreement, workers with family responsibilities are given credit for their dependents in the event that a reduction of workers is necessary. The Committee would be grateful if the Government would provide further information on any provisions which exist to prohibit family responsibilities from being used as a basis upon which workers may be dismissed from their employment.

Point V of the report form. Please provide the information requested under this point of the report form.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its two first reports. It would be grateful if the Government would supply additional information in its next report on the following points:

Article 3 of the Convention. Please indicate whether and in what manner the establishment of equality of opportunity and treatment for workers with family responsibilities is an aim of national policy, as provided for in this Article of the Convention.

Article 4(a). 1. The Committee notes that no information was supplied in the reports as regards the measures taken to enable workers with family responsibilities to exercise their right to free choice of employment, in accordance with the requirements of this Article of the Convention. Please supply information concerning these measures.

2. The Committee would be grateful if the Government would indicate whether the term "married employee", used in section 33 of the inter-occupational collective agreement of 15 December 1972, applies to women employees as well as to men.

Article 4(b). The Committee notes that section 119(4) of the Labour Code provides for supplementary annual leave for women with dependent children. Please indicate the measures that have been taken or are envisaged to extend this provision to men with dependent children, in accordance with the principle set out in the Convention of equality of treatment between men and women with family responsibilities.

Article 5(a). The Committee requests the Government to supply information on the measures that have been taken to take account of the needs of workers with family responsibilities in community planning at the local and regional level, in accordance with this provision of the Convention, and to supply information on the nature of the activities undertaken by the CNSS and the various bodies referred to in the reports.

Article 5(b). The Committee requests the Government to supply information on the nature of the activities undertaken in relation to families by the social assistance services, the medical centre and the centre for the protection of mothers and children. Please indicate in particular how provision is made to care for dependent children and elderly persons.

Article 6. The Committee notes the information that activities to increase the awareness of public opinion to the problems of workers with family responsibilities are undertaken through health-care centres and agricultural and education co-operatives. It requests the Government to supply information on the nature of these bodies and their functions, and on the impact of their activities on public opinion.

Article 7. The Committee requests the Government to indicate the nature of the transitional measures, particularly in the field of vocational training, that have been taken to facilitate the reintegration of workers into the labour force following a period of absence. It also requests the Government to indicate the measures that have been taken following the establishment of the tripartite committee responsible for examining the assistance to be given to workers with family responsibilities who have been made redundant following staff reductions.

Article 8. The Committee requests the Government to indicate the legal and other provisions which give effect to this Article and, in particular, to report any relevant ruling by the courts.