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

1.  Discrimination on grounds of sex.  For many years, the Committee has been referring to section 3 of the General Labour Act, under which the proportion of women staff may not exceed 45 per cent in enterprises and establishments which, by their nature, do not require the use of a larger proportion of women workers. The Committee had noted that this provision was prejudicial to equality of opportunity and treatment on grounds of sex and expressed the hope on many occasions that the revision of the General Labour Act would make it possible to comply with the Convention in relation to the equality of men and women in access to employment and occupation. The Government had previously indicated its intention of revising the Act, and then indicated that the draft of a new General Labour Act had been set aside and that, in the context of the programme of national dialogue initiated by the Government, it had been proposed to establish the parameters for future labour legislation. The Committee notes that, in its last report, the Government states that the General Labour Act remains in force and that there does not appear to have been any progress in amending it. It also notes that, according to the report, the types of enterprises and establishments which, by their nature, do not require the use of women workers include heavy transport and similar enterprises where the objective is that women should not suffer physical or psychological injury, nor damage to their reproductive capacity.

2.  The Committee reiterates that this provision is not compatible with Article 3(c) of the Convention and requests the Government to take measures to review and amend it. It also recalls that maternity protection measures are intended to protect the maternal function, and are not considered to be in violation of the Convention pursuant to Article 5. With reference to paragraph 5 of the ILO resolution on equal opportunities and equal treatment for men and women in employment, adopted in 1985, the Committee hopes that the Government will take measures to re-examine, in the light of up-to-date scientific knowledge and technical changes, all protective legislation applying solely to women with a view to revising and repealing it, as appropriate, taking into account measures aimed at promoting equality in employment between men and women. This revision should be carried out in consultation with the representatives of employers’ and workers’ organizations, and with the participation of women workers. The Committee requests the Government to keep it informed of the measures adopted in this respect and the progress achieved.

3.  The Committee is addressing a request directly to the Government on another point.