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

Complaints regarding discrimination in employment and occupation based on sex. The Committee notes that between 1 June 2006 and 15 May 2008, the National Council for the Prevention of Discrimination (CONAPRED) received 70 complaints of discrimination on the ground of pregnancy, of which 20 were resolved through conciliation and the others were withdrawn by the complainants for personal reasons. The Committee is concerned that the withdrawal of 50 complaints of discrimination on the ground of pregnancy could raise doubts as to the effectiveness of the procedure, and requests the Government to provide its assessment or that of CONAPRED regarding the reasons for the high proportion of withdrawals.

Sexual harassment. The Committee notes that sections 9(VIII) and 33(c) of the General Regulations on workers’ placement agencies published on 3 March 2006, provide that workers’ placement agencies are under an obligation to ensure that their staff refrain from acts of sexual harassment, as well as discriminatory behaviour that offends job applicants, and provides for fines from three to 315 times the minimum wage for placement agencies which violate this provision. Furthermore, the Committee notes that the General Act on access by women to a life free of violence, published on 1 February 2007, expressly prohibits violence in the workplace (section 11) and sexual harassment (section 13) in the workplace. The Committee considers that this Act may pave the way for more accessible procedures in the workplace. The Committee asks the Government to provide information on the procedures for lodging complaints of sexual harassment and how such complaints are addressed in practice under the General Regulations on workers’ placement agencies and the General Act on access to women to a life free of violence. Please also provide information on any other procedures that have been established, for example, through regulations or collective agreements, to address sexual harassment in the public sector.

Labour inspection. The Committee notes that, according to the report, the Ministry of Labour and Social Insurance has specific and specialist training programmes aimed at staff involved in the inspection process. Furthermore, in coordination with the National Committee for Human Rights, lectures on human rights have been given to public servants appointed to the federal labour inspection area. The Committee requests the Government to continue to provide information on the training undertaken for labour inspectors, and any information on inspections carried out related to discrimination, and the outcome thereof, including in export processing zones. Please also provide copies of relevant training and awareness-raising material produced relating to discrimination.