Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the Government's report, the numerous appendices attached to it and its response to one of the Committee's previous requests for information relating to the measures taken with a view to eliminating discrimination based on state of health, in particular HIV/AIDS. It also notes the comments made by the French Democratic Confederation of Labour (CFDT).

1. Discrimination based on sex. The Committee notes the satisfaction expressed by the CFDT regarding the work of the Higher Council for Occupational Equality between Men and Women in which it states that it has played a large part. The Committee also notes with interest the final reports of the three working groups set up by the Higher Council for Occupational Equality between Men and Women forwarded by the Government. As regards the recommendations in the report of Group No. 1 on "the comparative situation of men and women in respect of remuneration", the Committee refers to its comments under Convention No. 100. The Committee notes the observation made by Group No. 2 in its report on "the diversification of working hours, professional careers and occupational equality", according to which the diversification of working hours destroys the principle of occupational equality, since the majority of women are employed on the basis of fixed-term contracts or work part time, and benefit less from further vocational training than do men. The Committee also observes that the work underlines the fact that, in the current context of crisis and underemployment, the discussions and negotiations in enterprises on flexible working hours appear to be handled more from the point of view of employment than from the principle of occupational equality. Since the Government has indicated that the proposals made by the Group would be placed in perspective thanks to the negotiations in progress on working hours, the Committee requests the Government to keep it informed of the follow-up action taken in relation to these proposals by the social partners and also on the progress made in the workshop established by Group No. 2 with a view to devising a range of innovative activities for the adjustment of working hours and occupational equality. In addition, the Committee would be grateful if the Government would provide information on the response to the call for innovative projects on the occupational development of women in enterprises, which was one of the main recommendations appearing in the report of Group No. 3 entitled "Activities for occupational equality in enterprises and establishments". Lastly, the Committee hopes to receive copies of the final reports of the three new working groups established by the Higher Council for Occupational Equality between Men and Women relating to "the professional integration of young women", "the adjustment of working hours and occupational equality" and "access for women to further training and effects on their careers", respectively.

2. As regards contracts for mixed employment and affirmative action in support of women, the Committee observes that, according to the report containing the figures for these contracts for 1995, this method is severely constrained by a number of factors. It notes in particular that, although some of the constraints are economic (the difficult economic and financial situation of many enterprises), others are directly attributable to the inflexibility of budgetary conditions, be it a matter of the irregular frequency of the distribution of funds allocated for this purpose, or of the amounts allocated which sometimes are not commensurate with needs; it also appears that the malfunctioning in the adjustment between the offer of assistance by the State and the scale of demand on the part of enterprises discredits the activities of regional delegates and representatives for women's rights and ends up turning enterprises away from the measures planned. The Committee therefore requests the Government to indicate the measures taken or envisaged to facilitate and increase the number of contracts for mixed employment, in particular as regards the increased flexibility of the deadlines imposed on having state funding available, as suggested by the study in question. In addition, the Committee requests the Government to continue to provide information on the signing of plans and framework agreements on occupational equality.

3. The Committee notes the decisions taken by the courts following the court cases brought for sexual harassment and requests the Government to continue to provide information on the implementation -- both in the private and public sectors -- of Act No. 92-1179 of 2 November 1992 on the abuse of authority in employment relations between the sexes, and in particular on the awareness raising and information activities conducted with a view to preventing sexual harassment. In this regard, the Committee reiterates its desire to have a copy of the information brochure on sexual harassment jointly prepared by the Ministry of Labour and the State Secretariat responsible for women's rights.

4. The Committee observes that the Government has omitted to provide information on the practical application of the Convention in relation to two points raised in its previous comments. It is therefore obliged to reiterate part of its previous direct request which read as follows:

The Committee requests the Government to supply full particulars with its next report on:

(a) any legislative or administrative measures and any national practice affecting the employment or occupational activity of persons who are legitimately suspected of engaging in an activity which is prejudicial to the security of the State, or in respect of whom it has been established that they are in fact so engaged, and to provide details of the means of appeal available to such persons, in accordance with Article 4 of the Convention; and

(b) the measures taken, in particular as regards vocational training and access to employment, to secure better integration into the labour market for the population of foreign extraction (particularly second generation immigrants) holding French nationality.