Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide further information in its next report, particularly on the following points.

1. Article 1 of the Convention. The Committee requests the Government to indicate the manner in which protection is afforded against discrimination in employment on grounds of political opinion and national extraction, in view of the fact that these two criteria are mentioned neither in the Constitution nor in the Labour Code as grounds on which discrimination is prohibited. The same question arises with regard to the criterion of colour, which is not referred to in the Labour Code.

2. The Committee notes that section 5 of the Labour Code provides for the right to work and the free choice of occupation and vocational training without discrimination on grounds of race, social origin, faith or religion. Article 1, paragraph 3, of the Convention covers access to employment and to particular occupations, and terms and conditions of employment. The Committee requests the Government to indicate whether it intends to extend the protection against discrimination to all the criteria set out in Article 1, paragraph 1, of the Convention and to all terms and conditions of employment, within the meaning of Article 1, paragraph 3, of the Convention.

3. Article 63 of the Constitution and section 109 of the Labour Code set forth the principle of equality of rights between men and women in all aspects of political, economic, cultural, social and family life, and particularly equality "in all respects" between men and women with regard to the right to work. The Committee notes the indication in the Government’s report concerning the difficulties still encountered by women with regard to recruitment. It requests the Government to indicate the measures that have been taken or are envisaged, particularly under section 109 of the Labour Code, to promote the employment of women in practice, as well as measures intended to guarantee that selection in recruitment is based on the real requirements of the job to be filled and not on sexist prejudices or stereotypes which traditionally attribute certain types of work to men and others to women.

4. The Committee notes Circular No. 19/LDTBXH-TT of 1996 respecting "replacement" vocational training reserved for women workers. It requests the Government to provide additional information on the application in practice of this Circular. It also notes the Government’s statement in its report that this measure works against women in recruitment in view of the financial burden that it represents for employers. It requests the Government to indicate the measures taken to remedy these negative effects. It notes with interest in this respect the financial benefits, such as those envisaged by Degree No. 23/CP of 1996 respecting women’s work, low-interest loans and tax incentives. It would be grateful if the Government would provide information on the number of enterprises which have benefited from these measures, or have applied for them, and if it would forward any study available on the impact of these measures on the promotion of women’s employment. It also requests the Government to provide the list of types of work which are to be prohibited for women by reason of the excessive physical burden or hazardous nature of the work.

5. With regard to religion, articles 4 and 70 of the Constitution, taken together, as well as the information contained in the report of the Special Rapporteur of the United Nations Human Rights Commission (doc. E/CN.4/1999/58/Add.2) reveals that freedom of creed and religion is subject to restrictions and is limited by the policy of the State, but that the new policy currently being adopted is more open to freedom of religion. The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure non-discrimination on grounds of religion in employment and occupation.

6. Article 2. With reference to the fact that the Constitution and the Labour Code do not fully cover the seven prohibited grounds of discrimination (in particular, the criteria of political opinion and national extraction are not covered by the legislation), nor all terms and conditions of employment, the Committee requests the Government to provide information on any national policy programmes as such, apart from the provisions of the Constitution and the Labour Code, intended to promote equality of opportunity and treatment in employment and occupation.

7. Article 3. The Committee requests the Government to provide information in future reports on the manner in which the opinions and views of the social partners are reflected in political and administrative bodies, with particular reference to issues relating to discrimination. Noting the information provided in the Government’s report to the effect that information and training campaigns on labour legislation are organized for officials of the Ministry of Labour, War Invalids and Social Affairs (MOLISA), as well as for workers and employers, it would appreciate receiving further information on these education campaigns and on other methods of disseminating information on the issue of discrimination and equality.

8. The Committee notes the Government’s statement that, in accordance with the labour legislation, the contracts of employment of persons who are convicted by a court of law to a sentence of imprisonment are rescinded, and that persons engaged in activities prejudicial to the security of the State are judged in courts of law. The Committee requests the Government to provide information with its next report on any legislative or administrative measures, or any national practice applying to the employment or professional activities of persons who are justifiably suspected of engaging in activities prejudicial to the security of the State, or who are proven to have engaged in such activities, and on the recourse available to such persons.

9. The Committee would also be grateful if the Government would provide information on the manner in which the Ministry of Labour, War Invalids and Social Affairs discharges the function of inspection and supervision in relation to discrimination at work.