Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Macédoine du Nord (Ratification: 1991)

Article 3 of the Convention. National policy. In its previous comment, the Committee had asked the Government to provide information on the implementation of section 6(1) (prohibition of discrimination on the basis of family responsibilities) and section 8 (special rights of parents, adoptive parents and dependants not considered as discrimination) of the Labour Relations Law. It had also requested information with regard to the measures taken or envisaged under the National Action Plan for Gender Equality 2007–12, to assist workers in balancing their work and family responsibilities. In its report, the Government indicates that the Law of 23 January 2013 to amend and supplement the Labour Relations Law (Law No. 13/13) introduces section 9b in order to prohibit all forms of discrimination against a woman worker due to pregnancy, giving birth and parenting, regardless of the duration and type of the employment contract (section 9b(1)) and extends protection to access to employment, working conditions, and the rights arising from an employment contract or termination of employment contract (section 9b(2)). The Government also indicates that section 25 of Law No. 13/13 was amended with the aim to prohibit the employer, when concluding an employment contract with a woman worker, from enquiring about her marital status and family planning intentions, or from requesting documents not directly linked to employment, such as those relating to pregnancy. The Committee notes the adoption of a new National Equality and Non-discrimination Strategy (2016 20), a National Action Plan for the Implementation of the Law on the Prevention and Protection against Discrimination (2015–20), and a Strategy for introducing gender-responsive budgeting (2012 17). The Committee asks the Government to provide information on the concrete measures taken or envisaged under the above national strategies and plans with a view to enabling men and women with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their work and family responsibilities. It also asks the Government to provide information on any judicial or administrative decisions relating to employment discrimination on the ground of family responsibilities, including under the Labour Relations Law.

Article 4. Leave entitlements. Previously, the Committee had asked the Government to indicate whether any consideration has been given to extend the “maternity” leave entitlement (nine months’ paid leave under section 165) to men employees on an equal footing with women employees. It had additionally requested the Government to confirm that the father or the adoptive parent is also entitled (under section 170 of the Labour Relations Law) to salary compensation during “maternity” leave. In its report, the Government states that section 170 applies to fathers and adoptive parents only if the woman employee is not using the “maternity” leave. The Government further states that the Law of 30 December 2013 to amend and supplement the Labour Relations Law (Law No. 187/13) provides that a female worker with a possibility to unpaid leave (after “maternity” leave) until the child reaches the age of 3 and in total for a duration of three months (section 170a, as amended). Furthermore, the Law of 5 March 2015 to amend and supplement the Labour Relations Law (Law No. 33/15) further amends section 170 in order to regulate that, if the fixed-term contract of an employee expires in the course of “maternity” leave, the salary compensation shall extend to the end of such leave (section 170(2), as amended). The Committee also notes the information provided by the Government that the General Collective Agreement for the Public Sector provides employees, both men and women, with paid leave (up to seven working days during a calendar year) in specific situations, including the birth or adoption of a child (two days) and care for a child with disabilities (three days). Noting that the title of section 170a is “Unpaid parental leave”, the Committee asks the Government to confirm that a father or adoptive parent is entitled to unpaid leave under this section of the Labour Relations Law. Noting that, even though “maternity” leave is available to both mothers and fathers, women are most often the ones that take this leave in practice, the Committee asks the Government to communicate statistical information on the percentage of men who effectively take “maternity” leave. It further requests the Government to indicate the measures taken or envisaged to raise awareness among workers, employers and the general public about the benefits of work–family balance.

Working-time arrangements. The Committee recalls its previous comments that section 164(1) of the Labour Relations Law prohibits an employed woman who is pregnant or with a child up to the age of 1 from working overtime or at night, but authorizes her to work, with her consent, overtime or at night if she has a child from 1 to 3 years of age (164(2)). It also recalls that men employees may enjoy the same entitlements (under section 164(1) and (2)) only in specific cases (section 164(3)). The Committee also notes from the Government’s report that the Collective Agreement for the Ministry of Interior provides rights and entitlements to workers with family responsibilities in the case of overtime work or night work in accordance with sections 164(1) and (2) of the Labour Relations Law but it does not indicate whether these entitlements also apply to men employees. The Committee wishes to recall that when legislation, collective agreements or other measures reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces stereotypes regarding the roles of women and men in the family and in society. The Committee asks the Government to take the necessary measures to ensure that rights and benefits of workers with family responsibilities are available to men and women on an equal footing, in particular, that prohibition of overtime work or night work for 12 months (section 164(1)) does not adversely affect women’s participation in the labour force and that rights and benefits under section 164(2) are also available to men. It also reiterates its request to the Government to provide information on the application of any flexible working time arrangements which are available to men and women on an equal footing.

Social security. Noting that the Government has not provided information in its report on the family pension benefits specifically provided for workers with family responsibilities or on any other measures taken or envisaged to take account of the social security needs of workers with family responsibilities, the Committee reiterates its request to provide such information.

Article 5. Childcare and family services and facilities. The Committee recalls that it had asked the Government to indicate the progress made in extending the coverage of care services and facilities for children and other dependent members of the family. In its report, the Government states that kindergartens and early childhood development centres have been considerably extended: in the period from 2008 to 2015, 14 public kindergartens and 26 private kindergartens have been opened. The Government also indicates that, the Law on Child Protection of 2013, provides that childcare and education of pre-school children may be offered by a specialized agency (two agencies were registered in 2014) or by an individual in the context of a professional activity. In addition, pursuant to the 2015 amendments to the Law on Child Protection, kindergartens and early childhood development centres may be also created by legal entities for the needs of their employees, as part of a high education institution or a private school (six kindergartens were opened as part of legal entities in 2015). The Committee takes due note of the efforts made by the Government in developing childcare and education services, and notes the detailed statistics on the number of such facilities in the Government’s report. The Committee asks the Government to continue to provide information on the specific measures taken or envisaged to improve access to adequate childcare and family services and facilities. It once again requests the Government to indicate the percentage of workers with family responsibilities who avail themselves of childcare and family services, disaggregated by sex, as well as the progress made in extending coverage of care services and facilities for other dependent members of the family, as well as the results achieved.

Article 6. Information and education. The Committee notes the absence in the Government’s report of information on the measures taken or envisaged to promote greater awareness and public understanding of the principle of gender equality and work and family issues, and once again asks the Government to provide such information.

Article 7. Integration in the labour market. Noting that the Government has not provided information on the measures taken or envisaged to enable men and women 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 family responsibilities, the Committee reiterates its request to the Government to provide such information. It once again asks the Government to provide statistics, disaggregated by sex, on the number of employees who return to work after taking parental leave under section 166(3).

Article 8. Protection against dismissal. The Committee notes the information provided by the Government that the Commission for Protection against Discrimination has no legal obligation to keep records on the number of cases relating to dismissal of workers due to their family responsibilities that have been dealt with by the competent authorities. Recalling 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 encourages the Government to take the necessary steps to compile statistics, disaggregated by sex, on the number of men and women workers who have been dismissed due to their family responsibilities. It once again asks the Government to provide information on any judicial or administrative decisions relating to employment discrimination on the grounds of family responsibilities, including under sections 71(4), 77(3) and 101 of the Labour Relations Law.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee notes that the Economic and Social Council is the principal national tripartite body for the promotion of social dialogue. The Committee once again requests 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 on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures, including through collective bargaining and the adoption and implementation of workplace policies on work and family reconciliation.

Enforcement. Noting that the Government has not provided information on any studies, surveys or reports, or on any judicial decisions and cases dealt with by the labour inspection services, that may enable the Committee to assess how the principles of the Convention are applied in practice, the Committee reiterates its request to provide such information.