Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Equal Treatment Act.  The Committee notes from the Government’s report that following the amendments made to the Equal Treatment Act by Act CIV of 2006, the Equal Treatment Authority has a supervisory mandate with regard to the enterprise-level equal opportunities plans envisaged by the Act. The Committee notes that these amendments entered into force on 1 January 2007. The Committee requests the Government to provide detailed information on the progress made in the adoption and implementation of equal opportunity plans by enterprises under the Equal Treatment Act, including information on the specific steps taken by the Equal Treatment Authority to supervise this process. The Committee also requests the Government to continue to provide detailed information on the cases decided by the Authority and the courts under the Act. Please also provide information on the extent to which trade unions make use of their right to lodge complaints, as provided for under the 2006 amendments to the Equal Treatment Act.

Article 1 of the Convention. Sexual harassment. The Committee notes that the 2006 amendments to the Equal Treatment Act clarify that section 10 of the Act prohibiting harassment, also covers sexual harassment by providing that the concept of harassment includes “all conduct of a sexual or other nature”. The Committee requests the Government to provide information on the implementation and enforcement of section 10 of the Equal Treatment Act, including any judicial decisions involving this provision. Please also supply information on the measures taken to raise awareness of sexual harassment at work and any measures of prevention envisaged.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that a National Action Plan to promote equal opportunities between men and women was expected to be completed by the end of 2007. The Committee requests the Government to provide the following:

(a)   information on the measures taken under the National Action Plan to promote equal opportunities between men and women with a view to achieving gender equality in employment and occupation, including information on the measures taken under the European EQUAL Initiative to address horizontal and vertical occupational sex segregation;

(b)   statistical information on the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors.

Equality of opportunity and treatment of the Roma.  The Committee notes that the Government has taken a number of initiatives to address discrimination in employment and occupation faced by the Roma, mainly by promoting their training and access to employment, including through public works programmes. The Committee notes that almost all Roma benefiting from vocational training measures participated in programmes requiring the lowest educational qualifications. The Committee also notes the Government’s acknowledgment that Romas’ entrance into the labour market is undermined by negative stereotypes and anti-Roma feelings which are widespread among managers and result in discrimination in recruitment. The largest proportion of complaints brought before the Equal Treatment Authority were filed by Roma people. While noting the Government’s statement that no labour market data disaggregated by ethnic origin was available, it also notes that according to the 2004 Joint Memorandum on Social Inclusion between the Government and the European Commission, the unemployment rate among the Roma population is three to five times higher than that of the other parts of the population. The Committee requests the Government to:

(a)   take effective measures to combat negative stereotypes and anti-Roma feelings resulting in employment discrimination against members of the Roma and to indicate the specific measures taken;

(b)   continue to provide information on the specific measures taken to promote equality of opportunity and treatment of the Roma in employment and occupation and on the results achieved by such action. In this regard, please also provide information on the measures taken or envisaged to achieve greater access of the Roma to higher education and to ensure their equal access to all levels of employment;

(c)   indicate how it is monitoring the progress made in eliminating inequalities and exclusion from the labour market faced by the Roma and whether any measures are being considered to gather and analyse qualitative and quantitative data in this regard.

Article 3(a). Cooperation with the social partners. The Committee recalls that under section 14(1)(f) of the Equal Treatment Act, the Equal Treatment Authority is required to cooperate with the social partners in its activities. The Committee requests the Government to provide information on examples of the social partners’ involvement in the activities performed by the Equal Treatment Authority. The Committee also requests the Government to continue to provide information on the activities carried out by the Equal Opportunity Council and on how these contribute to the application of the Convention.

Article 3(b). Educational programmes. The Committee notes the various initiatives undertaken to raise awareness on discrimination and equality issues and to disseminate information on the relevant legislation, institutions and complaints procedures. The Committee requests the Government to continue to provide such information.

Article 3(e). Vocational training. The Committee notes that specialized training programmes have been developed under Governmental Decree No. 1057/2005 (31/05) providing participants in such training with qualifications corresponding to labour market demands. The Committee requests the Government to provide more detailed information on how disadvantaged groups, including persons with disabilities and the Roma, benefit from such specialized training, how it is ensured in practice that disadvantaged groups benefit from these specialized training programmes and, more generally, how the principle of equality of opportunity and treatment is applied in the context of vocational training. In this regard, the Committee also reiterates its previous request for information on the application of Act XXIX of 2003 introducing a prohibition of discrimination in respect of vocational training.

Article 5. Special measures. The Committee notes from the Government’s report that under Act IV of 1991 on the promotion of employment, as amended by Act CXIII of 2006 “wage support” is provided to employers hiring “disadvantaged persons”, (i.e. persons with disabilities, persons with family responsibilities, persons over 50 years of age, and persons holding elementary school qualifications). The Committee also notes that employers engaging more than 20 employees are required to ensure that at least 5 per cent of their employees are persons with disabilities (“altered working abilities”). Alternatively, these employers shall pay a rehabilitation contribution. The Committee requests the Government to supply information on the implementation of the “wage support system”, including indications on the extent to which the different disadvantaged groups have benefited from it. Please also indicate the progress made in implementing the 5 per cent target for the employment of persons with disabilities in enterprises with more than
20 employees.