Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Articles 1 to 3 of the Convention. Discrimination on the ground of sex. Sexual harassment. The Committee notes the communication dated 28 February 2006, jointly submitted by the Independent Self-Governing Trade Union (Solidarnosc) and the International Food, Agricultural, Hotel, Catering, Tobacco and Allied Workers Associations (IUF). The communication was forwarded to the Government on 15 March 2006.

2. The Committee notes that Solidarnosc and the IUF refer to a situation involving allegations of sexual harassment in an undertaking employing some 100 women on night shift and three male supervisors. According to the communication, eight women were either dismissed on disciplinary grounds or being pressured to resign due to the fact that they lodged sexual harassment complaints or supported such complaints. The public prosecutor initiated criminal proceedings against the accused supervisor who, while suspended from his duties, continues to receive his salary as well as legal assistance from the employer. By contrast, the women lost their jobs which caused moral and financial suffering, and the compensation claims raised by them in the labour court are still pending. The communication states that these facts constitute a violation of the Convention, since although the legislation has been brought in line with international standards, public labour institutions have de facto provided insufficient protection against sexual harassment. It is stated that the Government failed to take appropriate measures to address sexual harassment as outlined in the Committee’s 2002 general observation on this matter.

3. The Committee notes that Solidarnosc and the IUF suggest a number of measures that could be taken to draw up an effective national policy on sexual harassment and offer their collaboration in this respect. The unions propose that the administrative and judicial mechanism and procedures applicable to sexual harassment cases be simplified and expedited. Special measures should be introduced for the immediate protection of victims from further harm. Further, the unions propose a tripartite initiative to draw up a national policy to prevent and address sexual harassment in private and public undertakings. Labour inspection should play a key role in monitoring the implementation of a future national policy on sexual harassment.

4. The Committee notes that the Government has not provided its views on these matters, though its report contains some general information concerning sexual harassment in reply to the Committee’s previous comments. The Committee notes that out of the 55 complaints concerning equal treatment received by the National Labour Inspectorate, only two related to sexual harassment. The Government states that while the inspectors can request an inspected enterprise to eliminate confirmed irregularities, judicial proceedings were the most appropriate procedure in case of discrimination. Only the court can determine whether discrimination occurred and award compensation accordingly. However, labour inspectors can provide counselling services and raise awareness among employees of their rights and the possibility to bring court cases.

5. The Committee notes that sexual harassment is a particularly severe form of discrimination based on sex that has serious implications for the victims and the workplace as a whole. The Committee recalls that, while the Convention is flexible as regards the choice of the measures taken to pursue the national equality policy envisaged under Article 2 of the Convention, these measures should be appropriate for achieving positive results towards the elimination of discrimination in law and in practice. While the Committee notes that the Government has taken certain measures to prohibit sexual harassment, it requests the Government to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies to promote the acceptance and observance of the national equality policy. It requests the Government to continue to provide information on the practical application and enforcement of legal provisions concerning sexual harassment, including the outcome of any relevant administrative or judicial proceedings, as well as information on the specific activities carried out by labour inspectors to raise awareness regarding sexual harassment. Finally, the Committee hopes that the Government and the social partners will consider ways and means to ensure that victims of sexual harassment have access to appropriate remedies and protection, taking into account the proposals made by Solidarnosc and the IUF, and it requests the Government to indicate the steps taken in this regard.

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