Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the Government’s first report and requests the Government to provide further information on the issues set out below.

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes that section 10 of the Employment Contracts Act prohibits discrimination based on sex, racial origin, age, ethnic origin, level of language proficiency, disability, sexual orientation, duty to serve in defence forces, marital or family status, family-related duties, social status, representation of the interests of employees or membership in workers’ associations, political opinions or membership in a political party or religious or other beliefs. Recalling the seven grounds specifically listed in Article 1(1)(a) of the Convention, the Committee notes that the Act does not refer to national extraction, colour and social origin. However, it welcomes that the Act includes several additional grounds, as envisaged in Article 1(1)(b). The Committee requests the Government to continue to provide information on the measures taken or envisaged to address discrimination in employment and occupation on all these grounds. Recalling that where legislation is enacted to give effect to the provisions of the Convention all the grounds listed in the Convention should be included, the Committee requests the Government to clarify how protection from discrimination based on national extraction, colour and social origin is ensured.

Scope of the legislation. The Committee notes that section 7 of the Employment Contracts Act excludes certain employees and types of work from its scope, including employees falling under the Public Service Act, persons working under a service contract and work performed during imprisonment. Recalling that the Convention applies to all workers, the Committee requests the Government to provide information on the measures taken to ensure and promote equality of opportunity and treatment with respect to work excluded from the scope of the Employment Contracts Act.

Article 1(2). Inherent requirements of the job. The Committee notes that the Language Act, which regulates the use of Estonian as the state language, provides for professional language proficiency requirements. In this regard, the Committee notes that the Committee of Ministers of the Council of Europe has invited the Government to review the state language proficiency requirements in various sectors of employment so as to ensure that they are realistic, clear and proportional (Committee of Ministers Resolution ResCMN(2006)1 of 15 February 2006). The Committee requests the Government to provide detailed information on the levels of language proficiency required for the different professions and occupations in the private and public sectors, including copies of the relevant administrative regulations issued under the Language Act. It also requests the Government to provide information on the enforcement of these regulations, including the number and nature of cases in which sanctions were imposed for non-compliance.

Article 2. Gender equality. The Committee notes with interest that the Gender Equality Act 2004 requires employers to promote gender equality in their establishments. For instance, employers have an obligation to ensure that the number of men and women hired is as equal as possible and to ensure equal treatment in respect of promotion. Employers are also required to collect statistical data on the situation of men and women in the workplace. The Act provides for establishment of a Gender Equality Commissioner and a Gender Equality Council. The Committee requests the Government to provide information on the progress made in the implementation of the Gender Equality Act, including the activities of the Gender Equality Commissioner and other competent bodies to monitor compliance with the Act. It requests the Government to provide its assessment on the overall impact of the legislation on the enjoyment of equality of opportunity and treatment of men and women in the private and public sectors. Please also provide updated statistical information on the participation of men and women in the labour market, according to industry and occupation.

Equality of opportunity and treatment of ethnic minorities. The Committee notes that the Government has adopted programmes and policies aimed at the integration of ethnic minorities including through measures in the area of education and employment. The Committee requests the Government to provide further information on the implementation of the various policies and programmes targeting ethnic minorities and the impact of these measures on improving their access to education, training, including vocational training, and the participation of the different ethnic minorities in employment and occupation. It requests the Government to provide statistical information, disaggregated by sex, regarding the participation of the ethnic minority groups in the labour market, including at the different levels of the public service.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee requests the Government to provide information on the measures taken to seek the cooperation of workers’ and employers’ organizations with a view to promoting equality in employment and occupation.

Article 4. The Committee requests the Government to provide the information indicated in the report form.

Enforcement. The Committee notes that the Labour Inspectorate is responsible for supervising the application of the Employment Contracts Act and that discrimination cases can also be dealt with by the courts, the Chancellor of Justice and the Gender Equality Commissioner. The Committee requests the Government to provide information on the cases concerning discrimination in employment and occupation addressed by these bodies. Please indicate the number of cases dealt with, the grounds of discrimination invoked and the outcome of such proceedings.