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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Ethiopia (Ratification: 1991)

Having noted the information contained in the Government's first report, the Committee requests detailed information on the following points:

Article 1 of the Convention. The Committee would be grateful if the Government would clarify, in its next report, the definition of "dependent child" in a way that explains how that term relates the coverage of the Convention to parents or legal guardians who, because of their responsibilities, have restricted possibilities of preparing for, entering, participating in or advancing in economic activity. The Committee also requests the Government to provide information on whether, and if so how, the term "other members of their immediate family who clearly need care or support" is defined for the purpose of applying the Convention.

Article 2. Having noted that the Labour Proclamation No. 42/1993, which is the principal means of applying the Convention, excludes from its scope employment relations arising out of those contracts of employment enumerated in section 3(2), the Committee requests the Government to indicate more precisely the particular categories of workers covered by this exclusion and to provide information on the measures taken or contemplated to ensure the application of the Convention to all branches of economic activity and to all categories of workers. The Committee also requests the Government to provide information on any directives made by the Minister of Labour and Social Affairs with respect to homework contracts, in accordance with section 46(4) of the Labour Proclamation.

Article 3. The Committee has noted that while the above-mentioned Labour Proclamation includes a provision proscribing discrimination on the basis of a number of specific grounds, including sex as well as on "any other condition" (section 14(1)(f)), the report does not indicate that the Government has enunciated an explicit national policy aimed at enabling men and women workers with family responsibilities to be employed without discrimination and to better reconcile their work and family obligations as outlined in the Convention. Referring to the explanations provided in paragraphs 54 to 89 of its 1993 General Survey on Workers with Family Responsibilities, the Committee requests the Government to consider taking the necessary action to adopt and implement such a national policy, perhaps in the context of the constitutional, legal and administrative reforms being undertaken currently in the country. That policy should then provide the framework for developing, coordinating and evaluating all of the various policies and programmes which are, or might be taken, under the following Articles of the Convention. Accordingly, the Committee hopes that the Government will be able to indicate that action has been taken in this regard in its next report.

Article 4. Noting that the Minister of Labour and Social Affairs intends to foster equal opportunity and treatment in employment for all workers with family responsibilities in collective agreements, the Committee requests the Government to indicate the measures taken to this end. It also asks the Government to provide copies of collective agreements, concluded and registered under the provisions of the 1993 Labour Proclamation. In addition, the Committee requests the Government to provide information on any programmes introduced or planned to further the application of this Article, such as those, for example, suggested in paragraphs 17 to 23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).

Article 5. The Committee requests the Government to provide more detailed information on the measures taken to ensure that the needs of workers with family responsibilities are taken account of in community planning and to indicate the nature and number of child-care and family services and facilities established. The Committee also requests the Government to supply information derived from the national survey on the situation of children with insufficient family support; and to describe any programmes or activities undertaken pursuant to that survey.

Article 6. In addition to promotional measures to encourage the social partners to apply the provisions of the Convention through collective bargaining (referred to under Article 4 above), the Committee requests the Government to indicate any measures taken or contemplated to inform and educate the community in general about the provisions of the Convention, including measures which encourage the sharing of family responsibilities between men and women. In this regard, the Committee refers to the examples and explanations provided in paragraphs 90-95 of its General Survey, mentioned above.

Article 7. The Committee requests the Government to indicate in its future reports any measures taken specifically 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. In this respect, the Committee refers the Government to Chapter III of its 1993 General Survey, which explains the requirements of this Article and suggests some practical measures which might be taken to secure compliance with the Convention.

Article 8. Having noted with interest that section 26(2)(d) of the 1993 Labour Proclamation includes sex, marital status, family responsibility and pregnancy among the grounds which shall not be deemed a legitimate basis for terminating a contract of employment, the Committee requests the Government to furnish any information indicating how this provision is applied in practice including, in particular, any action taken by the Labour Inspection Service or cases heard by the labour courts under this provision.

Article 10. Noting that the facility afforded by paragraph 1 of this Article to implement the Convention in stages appears to have been used, the Committee requests the Government to state in all of its future reports the extent to which effect has been given or is proposed to be given to the Convention.

Article 11. The Committee hopes that the Government will be in a position to indicate in its next report the manner in which it has participated with employers' and workers' organizations to devise and apply measures to give effect to the provisions of the Convention.