Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Workers with Family Responsibilities Convention, 1981 (No. 156) - France (Ratification: 1989)

1. Legislative developments. The Committee notes with interest the numerous measures taken by the Government to promote equality of opportunity and treatment for workers with family responsibilities. It notes in particular that section 87 of Act No. 2005-1579 introduced parental leave and a corresponding allowance and that the Act on the Financing of Social Security for 2007 established “family support” leave. The Committee also notes with interest the adoption of the Act of 23 March 2006 on Equal Pay for Men and Women. The Act requires that enterprises show the measures they have taken to promote the reconciliation of professional life and family life in the annual status report comparing general conditions of employment and training. Enterprises are also required to negotiate the working and employment conditions of part-time employees. The Committee further notes that the Act provides for financial assistance or relief for enterprises that take measures in favour of workers with family responsibilities, and consolidates employees’ entitlements to parental leave and training. The Committee requests the Government to provide information on the application of these measures and their impact in improving the conditions of work and training of workers with family responsibilities, including part-time workers.

2. Article 5 of the Convention. Childcare services. In its previous comments the Committee took note of observations by the French Democratic Confederation of Labour (CFDT) submitting that, as part of the process to combat discrimination, it is necessary to ensure that both parents have access to appropriate childcare facilities. The Committee notes that with respect to the early childhood benefit (PAJE), several measures have been implemented to promote care, maintenance and education for infants. In particular, the PAJE provides for a wider choice of childcare facilities so that parents wishing to carry on an occupational activity have a real choice of childcare. Furthermore, the introduction of the PAJE was accompanied by the launching of a plan to increase the number of places available in nurseries for children, by measures to increase the number of childminders and by a tax credit for enterprises that incur expenditure on childcare for their employees. The Committee requests the Government to continue to provide information on the measures taken to improve and increase childcare services and on the impact of these measures in terms of reconciling economic activity and family life.

3. Articles 4 and 7. Social security and training. In previous comments, the Committee took note of observations by the French Confederation of Christian Workers (CFTC) on the need for the parental education allowance to be accompanied by guarantees in terms of career development and continuity of social protection. The Committee notes from the Government’s report that as from July 2006, the new parental education leave grant to parents wishing to reduce or stop their economic activity, amounted to 50 per cent more than the former parental education allowance. The Committee also notes that the Act on Equal Pay for Men and Women extends the scope of eligible expenditure for family tax credit to enterprises’ expenditure on training for employees hired following their resignation from or termination of service during parental education leave. It also provides that periods of absence taken for parental education leave shall be counted in calculating entitlements in respect of the individual’s right to training. The Committee requests the Government to indicate the extent to which the parental education right is used and to provide information on the number of beneficiaries of this right who have undertaken occupational training during or after the leave. The Committee reiterates its request for information on the measures taken to ensure continuity of social protection for these workers during the parental education leave.

The Committee is raising other matters in a request addressed directly to the Government.