Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee takes note of the information supplied by the Government in reply to its previous comments and also refers to its observation on the present Convention.

1. The Government indicates that the information requested on the analysis of the employment market and on vocational training and guidance is not yet available. The Committee again requests the Government in its next report to supply information on any studies which may have been conducted which would shed light on the application of the Convention (for example, statistical information concerning different categories of persons placed in employment or in programmes of vocational training and guidance).

2. The Committee notes that the recruitment procedure falling within the purview of the competent Ministry concerns only the personnel referred to in the Labour Code and asks the Government to refer also to point 3 below in this connection. The Committee also notes that the competent Ministry has liberalised the recruitment of category I personnel (labourers) and plans to do the same for categories VI and VII (middle and top management staff). It asks the Government to provide information on this matter in its next report.

3. The Committee recalls its previous comments on measures taken to ensure the effective application of the constitutional provisions prohibiting all discrimination against workers who are not covered by the relevant provisions of the Labour Code, i.e. agricultural wage earners, persons appointed under the civil service rules and persons in the liberal professions and trade. The Committee pointed out that provisions in national Constitutions prohibiting discrimination are in many cases insufficient to apply in practice the requirements of the Convention, in particular as concerns the right to appeal of workers affected by discrimination, and the designation of the authorities competent to act on these problems (see paragraphs 170 and 171 of the 1988 General Survey on Equality in Employment and Occupation). The Committee notes the Government's statement that the technical department has taken note of these comments and will pass them on immediately to the competent bodies. It therefore requests the Government to indicate in its next report the measures taken or envisaged to protect these workers in practice against discrimination in employment and occupation.

4. The Committee again refers to its observation concerning the issuance of certificates of good conduct, living and morals. It must again repeat its request to the Government to indicate how effect is given in practice to section 5 of the Legislative Decree of 19 March 1974 containing the general conditions of service of persons employed by the State and section 6 of Presidential Order No. 227/01 of 26 December 1976 containing the conditions of service of the staff of public establishments, as well as the cases in which they have been applied. These provisions include among the requirements for recruitment, in addition to good conduct, life and morals, "loyalty towards the authorities and institutions of the nation".

5. The Committee takes note of Basic Law No. 1/1985 of 25 January 1985 respecting national education, which was enclosed with the report. As regards the practical implementation of Circular Letter No. 1848/06.18/22/83 of the Ministry of Public Service and Employment concerning the engagement of female staff, the Committee notes from the Government's report that the information is not available but that the technical services have registered no further cases of discrimination on grounds of sex. The Committee requests the Government to indicate any further developments in this respect in its future reports.