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

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes that section 6(2) of the Labour Act (No. 7/2008), which enters into force on 1 January 2009, provides for equal rights and duties of all workers or candidates for employment irrespective of social or national origin, extraction, race, colour, sex, sexual orientation, age, civil status, language, religion, political or ideological convictions, membership of an association, education or economic situation. Section 6(3) allows for distinctions to be made on these grounds based on inherent job requirements and section 6(4) provides that nothing in section 6 precludes the possibility of taking special measures for the protection of certain social groups provided such special measures are legitimate and proportional. The Committee notes with interest that the new non-discrimination provisions cover all candidates for employment and that all prohibited grounds listed in Article 1(1)(a) of the Convention have been included. In addition, the Committee notes with interest that discrimination based on a number of additional grounds (sexual orientation, age, civil status, language, membership of an association, education and economic situation) are also included as envisaged in Article 1(1)(b). The Committee requests the Government to provide information on the measures taken to promote and ensure the implementation of the new non-discrimination provisions, including information on any cases dealt with by the courts or the labour inspection department regarding discrimination in employment. It also asks the Government to provide information on any special measures taken in accordance with section 6(4).

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