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

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

The Committee notes the information supplied by the Government, including copies of the legislative texts referred to in the report.

1.  Article 4(b) of the Convention.  The Committee notes the enactment of Act No. 111 of 16.12.94, amending section 4 of Act No. 40 of 25.05.81, and extending the period of leave to which female employees are entitled following the expiration of the 90-day period of compulsory maternity leave. Section 1 of Act No. 111 extends the leave period from seven to a maximum of ten months’ leave during the first year of the child’s life. The Committee notes that, under the new Act, the female employee is also entitled to receive 30 per cent of her net daily remuneration during the leave period. In the alternative, the female employee may reduce her working day by two hours, receiving full pay during the term of the leave. The Committee notes that section 5 of Act No. 40 permits fathers to avail themselves of the leave period and accompanying economic benefits in place of the mother. Please indicate the impact of Act No. 111 on women’s and men’s employment and the percentages of each sex that have requested the leave provided under Act No. 111.

2.  The Committee notes that section 5 of Act No. 40 excludes domestic workers from coverage and requests the Government to indicate the manner in which the principles of the Convention are applied to this category of workers.

3.  The Committee had noted in its previous comments that the parental leave provisions in Act No. 40 of 1981 did not count the period of parental leave in calculating certain entitlements arising out of the employment (section 4). It notes that Act No. 111 of 1994 contains language identical to that found in Act No. 40, providing that "the period of leave is not included for purposes of calculating retirement benefits, seniority or for any other economic or contractual ends" (section 1 of Act No. 111). The Committee again draws the Government’s attention to paragraphs 157 to 169 of its 1993 General Survey on workers with family responsibilities and expresses the hope that the Government will take measures to expressly include the parental leave period for purposes of calculating entitlements arising out of the employment relationship, including but not limited to retirement benefits, seniority, annual leave and severance pay.

4.  The Committee notes from the report that Act No. 112 of 16 December 1994 entitles either the mother or father to change his or her terms of employment from full-time to part-time during the first three years of the child’s life. It notes that, as an incentive, the employer receives a 50 per cent reduction of contributions due for the part-time employee and a 60 per cent reduction of contributions due for the employee’s replacement. The Committee requests the Government to indicate whether Act No. 112 extends this protection to adoptive as well as to natural parents. It would be grateful if the Government would provide a copy of the Act.

5.  The Committee notes from the report that the draft of the Law on Employment will provide for the possibility of distance working or teleworking, both to meet employers’ needs as well as to address the need of employees to work at home when caring for adults or children at home. The Committee would be grateful if the Government would provide a copy of the new Act on Employment as soon as it is adopted, as well as continue to provide information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

6.  The Committee notes the adoption of Act No. 138 of 13 November 1991, which establishes certain benefits for persons who, due to illness or disability require  permanent assistance from an attendant or require assistance to carry out activities of daily living. It notes with interest that section 7 of Act No. 138 entitles family members residing with the disabled person to take unpaid leave from their employment for up to one month per year. The Committee would appreciate receiving information on the practical application of this provision.

7.  The Committee notes from the report that the regulations implementing Act No. 95 of 19 September 1989 on job placement provide that persons in the pool of registered jobseekers may declare themselves unavailable for work during pregnancy, birth and the post-partum period until the child reaches the age of 1 year. The Committee requests the Government to forward a copy of the regulations with its next report.

8.  Article 5.  The Committee notes the statistical information provided in the report concerning educational and childcare facilities available in San Marino as of August 1999. It notes the Government’s statement that, to assist workers in balancing their work and family responsibilities, it has always provided an adequate response to the constant demand for childcare. The Committee would appreciate receiving information on the steps taken by the Government to determine the communities’ actual needs and preferences for childcare and family services and facilities.

9.  Article 6.  The Government indicates in its report that it has opened a "citizen’s window" which will promote greater transparency and allow public access to services and information and open a direct channel for the public to contribute actively to improvement of the public service. The Committee would be grateful if the Government would provide information regarding the practical effect of the "citizen’s window" in respect of the application of the Convention.

10.  The Committee would be grateful if the Government would provide information on any measures taken to assist persons with family responsibilities to gain access to education and vocational training, in accordance with Article 7 of the Convention.