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

The Committee refers to its observation. It notes the Government's report and the documentation which was attached in reply to certain points raised in its previous direct request.

Article 1, paragraph 1(a), of the Convention Discrimination on the basis of sex

1. Access to training. The Committee notes the various measures described in the report in relation to the growing access of women to training, and in particular the increase in the number of vocational guidance centres and the pilot projects for the young. It would be grateful if the Government would keep it informed of the progress of these projects and their success. The Committee notes that 81 training courses and 67 guidance courses have been established especially for women. It welcomes their broad success with women workers, the collaboration of private enterprises in the projects and the results obtained with regard to finding employment, mainly in the technical and commercial fields. The Committee notes that procedures will be formulated for the collection of data in order to be able to evaluate precisely the number of women who find jobs through these programmes and it would be grateful if the Government would supply this information as soon as it is available.

2. The Committee notes that the report states that 25 per cent of job advertisements make no reference to sex, which is an increase of 5 per cent in relation to the last report. Thirty-nine per cent of these advertisements are specifically directed towards men and 36 per cent towards women. In order to guarantee observance of the law, which prohibits discrimination in job advertisements, the Committee notes that centres called "Auftragszentralen" have been established for enterprises for the purpose of providing information and assisting enterprises to respect the Equality of Treatment Act and that the Equality of Treatment Committee has undertaken a vast information campaign. The Committee would be grateful if the Government would continue to keep it informed of the measures which have been taken to ensure observance of the principle of equality of treatment, as well as of any changes in the percentage of job advertisements which continue to specify the preferred sex of the applicant. It once again requests the Government to supply copies of any judicial decisions in which reference is made to discrimination of this type.

3. Terms and conditions of employment. The Committee notes the detailed information supplied by the Government concerning the effect given to the decision of the Constitutional Court of 1990, in which the determination of any difference of age for pension entitlements between men and women was declared unconstitutional, and its repercussions on the law governing the age of entitlement to pensions. The Committee notes that the necessary legal changes have not yet been commenced in view of the need to act in parallel with the general revision of the pension system; the Committee expresses its concern at the fact that an amendment to the Constitution maintained the legality of age differences in this context until 31 December 1992. The Committee would be grateful if the Government would keep it informed of the action taken during 1993 on this point.

4. Enforcement of equality provisions. The Committee notes that, under the terms of the Equality of Treatment Act, with regard to the compensation of any violation of its provisions relating to equality of treatment, 23 complaints have been submitted and the procedures completed concerning 14 of them. The Committee once again requests the Government to supply information on the contents of the catalogue concerning current discriminatory practices in employment which has been drawn up by a working group on national law as it affects women. It requests the Government to continue to supply information in this respect in future reports.

Article 1, paragraph 1(a), of the Convention Other grounds of discrimination

5. The Committee recalls its previous comments concerning the fact that it is impossible to appeal to the courts in the event of dismissal on grounds of political opinion or religion, despite the protection provided by the Constitution, since section 105 of the Collective Labour Relations Act of 14 December 1973 does not refer to these grounds of discrimination. The Committee notes that, according to the Government, there have been no changes in this respect since its last report. The Committee therefore once again requests the Government to supply information on appeal procedures in the event of discrimination on the grounds of religion or political opinion, such as procedures before the Administrative Tribunal (when the complaint concerns illegal action taken by the public authorities) or the Constitutional Court (in the case of a request to declare null and void a federal or provincial law).

6. With regard to equality of opportunity and treatment without distinction made on the basis of race, colour or national extraction, the Committee once again requests the Government to indicate the measures which have been taken to promote equality:

(a) in employment, vocational training, vocational guidance and placement services under the direct control of a national authority;

(b) through legislation and education programmes; and

(c) through cooperation with employers' and workers' organizations and other appropriate bodies.