Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Workers with Family Responsibilities Convention, 1981 (No. 156) - San Marino (Ratification: 1988)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Legislative developments. The Committee notes the adoption of Act No. 43 of 31 March 2014 providing for parental leave in case of child illness as well as maternity and paternity leave and the possibility of part-time work in cases of adoption. The Committee had already noted Act No. 112 of 1994 which provides for the right of natural and adoptive parents to change from full-time to part-time employment during the first three years of life. The Committee requests the Government to provide information on the application of Act No. 112 of 1994 and Act No. 43 of 2014 in practice, including the number of women and men workers availing themselves of these possibilities.

The Committee notes the adoption of Law No. 64 of 8 May 2009, which amends Decree No. 15 of 1976 concerning the standard for monthly family benefits. The Committee asks the Government to provide information on the application of this Decree as it relates to the Convention.

Article 4(b) of the Convention. Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee notes that section 3 of Act No. 137 of 2003 amends Act No. 111 of 1994, further extending the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Under the current regime, women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. In the alternative, the provision that a female employee may reduce her working day by two hours during a period of ten months while continuing to receive full pay is maintained. The Committee also notes that Act No. 137 confirms the fathers’ right to avail themselves of the leave period and accompanying economic benefits in place for the mother. The Committee however notes that, whereas in 2007, 316 women workers took the leave in the private sector and 42 in the public one, no father has availed himself of this right. The Committee requests the Government to provide information on the impact of this provision on women’s and men’s levels of employment and encourages it to take adequate measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. Please also continue to provide information on the percentage of men and women workers that have requested the leave provided under Act No. 137.

Recalling that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave, the Committee wishes to draw the Government’s attention to Article 2 of the Convention laying down that the Convention applies to “all branches of economic activity and all categories of workers”. The Committee reiterates its requests for information on the manner in which the principles of the Convention are applied to this category of workers.

While noting that section 3 of Act No. 137 of 2003 confirms the previous restrictions on the possibility of counting the period of parental leave in calculating certain entitlements arising out of the employment, the Committee notes that section 4 of Act No. 47 of 2008 provides for the computation of the period of leave in the context of retirement benefits. The Committee encourages the Government to take the necessary steps to include the parental leave period for the purpose of calculating the other entitlements arising out of the employment relationship, including seniority, annual leave and severance pay.

In the absence of the information solicited, the Committee again requests the Government to provide information on the measures taken to allow distance working or teleworking, as well as information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

With regard to the entitlement to special leave for providing care to persons who due to illness or disability require permanent assistance, the Committee notes that Law 97 of 2007 extends this entitlement to natural and adoptive parents as well as to guardians. The Committee also notes that approximately 48 workers had benefited from this provision at the time at which the Government prepared the report. The Committee requests the Government to continue to provide information on the application of this provision, including information on the number of women and men requesting the special leave.

Article 5. Promotion of community services. While noting the Government’s indication that seven public and five private nurseries exist in the country and that families are reimbursed for 30 per cent of the costs sustained to use these facilities, the Committee again invites the Government to provide information on the measures adopted or envisaged to determine and address the actual needs and preferences of workers with family responsibilities in community planning.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes that the “citizen’s window” has been dismantled and that, at present, information on the existing instruments concerning the rights of workers with family responsibilities are provided by the Public Relations Office (URP) of the Social Security Institute. The Committee requests the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. The Committee notes from the Government’s report that, in order to meet the needs of persons with family responsibilities, vocational training, foreign language courses and courses for compulsory lower secondary school qualifications are offered at different time slots during the day. The Committee requests the Government to provide information on the percentage of women and men workers enrolled in these courses. It also requests the Government to provide full information on any other measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Statistical information. The Committee refers to its comments regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).