Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the enactment of the General Labour Act, No. 2/00 of 11 February 2000. It notes with interest that section 3(1) of the Act establishes that all citizens are entitled to freely-chosen employment and equality of opportunity, without discrimination on the basis of race, colour, sex, ethnic origin, civil status, social status, religious or political beliefs, union affiliation or language. It also notes with interest that section 20(2)(b) of the Act renders null and void any discriminatory clauses in the employment contract on the basis of age, employment, occupation, salary, seniority or other terms and conditions of employment, factors related to race, colour, sex, citizenship, ethnic origin, civil status, social status, religious or political beliefs, union affiliation, family relationship with another worker, and language. The Committee also notes with interest that section 268 of the Act guarantees women the right to equal treatment and prohibits sex-based discrimination in the workplace, particularly equal access to employment and occupation, equal access to and equal treatment in relation to vocational and on-the-job training, as well as in relation to the classification of jobs and opportunities for advancement. The Committee notes that the Act applies to non-resident foreign workers (section 1(3)), but excludes from its coverage civil servants and other state employees, permanent employees of consular offices or international organizations, partners in private-sector cooperatives or other non-governmental organizations, home work and casual work (section 2). In view of these exclusions, the Committee would appreciate receiving information on the manner in which the principles of the Convention are applied to these categories of workers not covered by the Act. The Committee also requests the Government to provide detailed information on the measures taken or contemplated to implement the non-discrimination and equality provisions expressed in section 268 of the General Labour Act, including promotional activities, guidance to the labour inspectorate and other enforcement officials, and dissemination of information on the provisions of the Act to workers and employers.

The Committee is raising other points in a request addressed directly to the Government.