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

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

The Committee notes the information received by the Government in its first report. It would be grateful if the Government would provide additional information in its next report on the following points:

Article 4(a) of the Convention. (a) The Committee notes from the Government's report that any act tending to discriminate against workers of either sex who have family responsibilities is forbidden by legislation and that any dismissal or other measure based on family responsiblities carried out by the employer would be declared void. It would be grateful if the Government would indicate in its next report the legislative provisions which establish such prohibitions along with copies of said texts. The Committee also notes that, according to the Government's report, the existence of family responsibilities is an advantage for the purpose of access to employment as such workers are given priority in the employment placement list pursuant to the regulation adopted by the Placement Commission on 8 February 1990. The Committee requests the Government to kindly attach a copy of this regulation to its next report.

(b) The Committee notes the adoption by Parliament of the resolution on the final report of the Commission on the study of the situation of women's employment and the integration into legislation of measures concerning equality, dated 7 September 1990. It would be grateful if the Government would provide information on any measures taken or contemplated to implement the recommendations contained in section (a) the resolution concerning the need to facilitate women's equal opportunities in the labour market.

Article 4(b). (a) The Committee notes the provisions for parental leave contained in sections 4 and 5 of Act No. 40, 1981, as amended by Act No. 30, 1984. It would be grateful if the Government would indicate in its next report whether leave taken pursuant to said provisions count as periods worked for purposes of calculating seniority, entitlement to pension or other social security benefits, annual leave, holiday allowance or severance pay in case of dismissal.

(b) With reference to the resolution adopted by Parliament on the Commission's study concerning women, the Committee would be grateful if the Government would provide information on any measures taken or contemplated to implement the recommendations, contained in section (b), concerning the need to adapt the organisation of work to make it compatible with family and social responsibilities such as introducing part-time, flexible working hours and job sharing. Please also indicate in future reports any measures taken or contemplated to make such provisions available to men as well as women workers.

Article 5. (a) Please indicate how account is taken of the needs of workers with family responsibilities in community planning in your country.

(b) The Committee notes the information contained in the report concerning the provision of child-care centres. It kindly requests the Government to provide information, including statistics, on the extent to which the presently existing child-care facilities meet the demand for such facilities and if they do not whether measures are being taken or are contemplated to attempt to satisfy this demand. The Committee would also be grateful if the Government would provide further information including regulations concerning the state social security services available for workers who are responsible for elderly and handicapped family members.

Article 6. The Committee notes the recommendation contained in section (c) of the resolution on the final report of the Committee on the study of the situation of women, calling for the promotion of a strong and incisive campaign of sensitisation on the role of women in the changing society. It would be grateful if the Government would provide information on the measures taken or comtemplated to implement such an informational campaign and the results achieved.

Article 7. Please indicate the measures that have been taken or are contemplated to enable workers with family responsibilities to engage in guidance or vocational training schemes.

Article 8. Please indicate measures taken to ensure that family responsibilities cannot constitute "just cause" for dismissal from employment.

Article 9. Please supply copies of any provisions in collective bargaining agreements, if available, which would assist workers in reconciling their work and family responsibilities.

Point III of the report form. Please indicate the methods used by the national authorities mentioned in the Government's first report to supervise and enforce the legislative and other provisions which apply the Convention.