Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes that under section 74 of the new Labour Code, a contract of employment is deemed invalid if it is not consistent with the rules of socialist morality or circumvents them.

The Committee asks the Government to state the criteria referred to in determining whether a contract of employment is consistent with the rules of socialist morality.

2. The Committee notes that, by virtue of section 93 of the Labour Code, public organisations are represented on the committees that determine the eligibility of candidates for competitive examinations for certain posts. It requests the Government to indicate which public organisations participate in these committees.

3. The Committee requests the Government to communicate any laws or decrees issued pursuant to section 130 of the Labour Code to impose on certain workers an obligation to maintain faultless public conduct outside the performance of their job, or other obligations not envisaged by the Code.

4. The Committee notes that under section 330, subsection 2(4) of the Labour Code, the enterprise shall terminate the contract of employment without notice whenever an employee is divested of the right to inhabit the community in which he is employed, or is resettled in another community in a manner envisaged by the law. The Committee asks the Government to provide information on the cases in which workers may be divested of their right to inhabit a community or resettled in another community, and to provide the relevant texts.

5. The Committee takes note of section 306 of the Labour Code, whereby women are hired to suitable jobs with priority, all other conditions being equal. The Committee also notes Decision No. 5 of 30 April 1987 issued under the Labour Code, and the schedule of jobs and occupations contained in the annexes to the Decision, listing jobs and occupations which are "suitable" for women (Annex 1) and to which they are hired with priority, the jobs and occupations which may be assigned only to women (Annex 2) (e.g. telephonist, telex operator, seller of tickets, bread, shoes, or flowers, and nurse), and the jobs and occupations which are prohibited to women because they are arduous or hazardous to their health (Annex 3).

The Committee refers to paragraphs 38 et seq. of its general survey of 1988 on equality in employment and occupation, in which it pointed out that occupational segregation according to sex, which leads to the concentration of men and women in different sectors of activity, is to a large extent the product of archaic and stereotyped concepts with regard to the respective roles of men and women. Such archaic and stereotyped concepts are at the origin of discrimination based on sex and lead to the nullification or impairment of equality of opportunity and treatment.

The Committee asks the Government to examine the above-mentioned provisions in the light of the Convention and to indicate the measures taken or contemplated to ensure full application of the policy of equality of opportunity and treatment prescribed by the Convention.

6. The Committee notes with interest the provisions of the Labour Code which concern special protection for partially disabled persons. It requests the Government to provide information on the results of the practical application of these provisions, including relevant statistics, and particularly on the application of the provisions of section 315 of the Labour Code under which the enterprise must reserve certain posts for partially disabled persons.