Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Further to its observation, the Committee requests the Government to provide additional information on the following points.

1. Article 1 of the Convention. Sexual harassment. The Committee notes that the Labour Code of 2002 prohibits harassment, including sexual harassment, as a form of discrimination. Under section 29(7) of the Labour Code it is prohibited to "subject a person to such actions which are unacceptable from the point of view of the persons, which are associated with his or her belonging to a specific gender, including actions of a sexual nature if the purpose of such actions is the infringement of the person’s dignity and the creation of an intimidating, hostile, humiliating, degrading, or offensive environment". The Government is requested to provide information on the implementation of this provision, including training and awareness raising undertaken on the issue of sexual harassment and any relevant judicial or administrative decisions.

2. Equal access to the public service. The Committee notes that one of the mandatory requirements in order to qualify as a candidate for a civil service position under the State Civil Service Act is that the person concerned is not or has not been a participant in organizations prohibited by law or judicial decision (section 8(9)). It requests the Government once again to provide detailed information on the application of this provision, including the requirements for the prohibition of organizations, a list of all prohibited organizations, as well as indications as to the number of persons that have been excluded from being a candidate for a civil service position based on section 8(9) of the State Civil Service Act.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes that a Programme for the Implementation of Gender Equality (2005-06) was due to be adopted by the Cabinet of Ministers in June 2004. Please provide further information on the adoption of the Programme and its implementation with regard to gender equality in employment and occupation.  The Committee is particularly interested to receive information on any measures taken or envisaged to make the country’s policy and legislation regarding equality of men and women in employment and occupation better known to the general public.

4. Part III of the report form. The Committee notes that the National Human Rights Office has received 49 written and 197 oral complaints on the right to work, out of which seven written and 18 oral complaints related to discrimination. The Committee requests the Government to continue similar information in the future, as well as information on the nature and content of the complaints concerning discrimination received and the manner in which the cases were resolved. The Committee reiterates its request to provide information on the measures taken or envisaged to protect against actual or perceived retaliation, which may be a reason for the currently low number of complaints.

5. The Committee recalls that it attaches great importance to the proper training of labour inspectors as regards questions related to equality of opportunity and treatment and requests the Government once again to indicate whether such training is being provided or planned. Further, the Government is requested once again to supply specific information on the measures taken by the National Employment Service and the Professional Career Guidance Centre to promote equality of opportunity and treatment in respect of vocational training, occupational guidance and placement services offered.

6. Part IV of the report form. The Committee notes the information provided regarding Supreme Court Case No. 2002-21-01 of 20 May 2003, in which it was held that mandatory retirement at the age of 65 for faculty members in higher education institutions constituted discrimination on the basis of age. Please continue to provide information on any judicial and administrative decision giving effect to the Convention.