Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Article 1 of the Convention. Further to its observation, the Committee notes the adoption of the new Labour Law (No. 17/2010) which contains specific provisions promoting equality of opportunity and treatment, and prohibiting discrimination in a range of areas. Noting that the new Labour Law does not define the term “discrimination”, it is unclear whether sections 2 and 95 cover both direct and indirect discrimination. The Committee also notes that all aspects of employment and occupation do not seem to be covered in section 2, including access to employment, particular occupations and vocational training. The Committee asks the Government to clarify the following points:

(i)    how it is ensured that workers, including jobseekers, are protected against both direct and indirect discrimination, in all aspects of employment and occupation, including access to vocational training, to employment and to particular occupations;

(ii)   whether the term “belief” in section 2 of the new Labour Law is intended to cover religion;

(iii)  whether there is any prohibition against discrimination on the basis of social origin in employment and occupation, as this ground does not appear to be included in the new Labour Law.

Scope of application. The Committee notes that section 5 of the new Labour Law excludes from its scope certain groups of workers, including civil servants subject to the Basic Law on State Employees (No. 50/2004), workers subject to the Agricultural Relations Law, domestic workers, casual and part-time workers. The Committee also notes the Government’s indication that, pursuant to section 5(b), the working conditions of domestic, casual and part-time workers remain regulated by their contracts; and that, in any case, their rights cannot be less favourable than those provided by the Labour Law. The Committee also notes the Government’s reference to Decision No. 27 of 2009 on the Regulation of private employment agency on non-Syrians (domestic helper), conditions and rules of their employment in the territories of the Syrian Arab Republic. The Committee notes that further information is needed demonstrating the effective protection of these workers against discrimination in employment and occupation based on the grounds of the Convention. The Committee also recalls its previous comments regarding the particular vulnerability of female migrant domestic workers. The Committee requests the Government to indicate the following:

(i)    how it ensures that the groups of workers excluded from the scope of the new Labour Law enjoy protection against discrimination as required by the provisions of the Convention;

(ii)   any measures taken to ensure that both national and foreign domestic workers duly benefit in practice from protection against discrimination with respect to all aspects of employment and occupation;

(iii)  the measures taken to ensure that non-Syrian female domestic workers, including pregnant women, are adequately protected against discrimination, particularly in respect of security of tenure of employment and conditions of work; and

(iv)  whether Prime Ministerial Decision No. 81 of 2006 and Presidential Decree No. 62 of 2007 are still in force in the light of Decision No. 27 of 2009. Please also provide a copy of Decision No. 27 and any information on its practical application.

Sexual harassment. The Committee notes that section 2(a) of the new Labour Law prohibits discrimination in employment on the grounds of gender, and section 95(a) provides that workers have the right to, among other things, equal opportunity, equal treatment and non-discrimination, and to human dignity and safe and secure working conditions. In this regard, the Committee recalls the various manifestations of sex discrimination covered by the Convention, including sexual harassment. The Committee notes the importance of preventing and combating sexual harassment in the working environment, given that sexual harassment undermines equality at work by affecting the integrity, dignity and well-being of workers (see 2002 general observation). The Committee further notes the Government’s indication that no information has been collected regarding decisions handed down by courts on this subject, and that no violations have been identified by the labour inspectorate, or complaints registered on this issue. In this connection, the Committee recalls that the absence of complaints could indicate a lack of awareness of the legal provisions, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee requests the Government to indicate whether sections 2(a) and 95(a) of the new Labour Law cover sexual harassment, including both quid pro quo and hostile working environment harassment. The Committee also requests the Government to take measures to raise awareness of the issue of sexual harassment, and to enhance the capacity of labour inspectors and judges to identify and address such cases. Please provide information on any violations detected by the labour inspection services or judicial decisions related to sexual harassment, the sanctions imposed and the remedies provided.

Article 1(2). Inherent requirements of the job. The Committee notes that pursuant to section 2(c) of the new Labour Law, “[a]ny distinction, exclusion or preference based on the objective criteria of the qualifications required by the position or the nature of work, shall not be considered as discrimination”. The Committee hopes that the provision will be interpreted and applied narrowly, to exclude only particular jobs due to the inherent requirements thereof, and asks the Government to provide information on how section 2(c) has been interpreted, and in particular what types of jobs have been excluded on the basis of the provision.

Article 3. Cooperation with employers’ and workers’ organizations and other appropriate bodies. The Committee notes that, pursuant to section 177 of the new Labour Law, a Consultative Council for Labour and Social Dialogue is to be formed, with representatives of workers’ and employers’ organizations, the duties of which include putting forward opinions and recommendations regarding international labour Conventions, and promoting collective bargaining and encouraging collective agreements. The Committee asks the Government to provide information regarding whether the Consultative Council has examined the principle of the Convention and given any opinions or recommendations thereon, including regarding the incorporation of provisions on equality of opportunity and treatment and non-discrimination in collective agreements. Please also provide information on whether and to what extent the principle of the Convention has been reflected in collective agreements, and provide a sample of such agreements. Noting that the Government has not provided the specific information requested regarding cooperation with other appropriate bodies, the Committee requests the Government to provide information on the following:

(i)    any specific activities carried out by the National Committee for International Humanitarian Law concerning the promotion of the principle of equality of opportunity and treatment in employment and occupation;

(ii)   details regarding the initiatives of the Agency for Family Affairs that are related to the principle of the Convention;

(iii)  details of the findings and conclusions of the studies focusing on gender issues mentioned previously by the Government;

(iv)  the measures taken as a result of the cooperation with women’s organizations and the impact thereof, including on enhancing women’s access to more diversified training and a wider range of occupations.