Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Legislative developments. The Committee notes with interest that the new Labour Law (No. 17/2010), unlike the Labour Code of 1959 which it repeals, contains specific provisions addressing equality of opportunity and treatment, and protection against discrimination including, in keeping with Article 1(1)(b) of the Convention, grounds going beyond Article 1(1)(a). In particular, section 2(a) of the Law provides that it is prohibited to breach or infringe the principle of equal opportunity or equal treatment, for any reason whatsoever, “in particular, to discriminate against workers on the basis of race, colour, gender, marital status, belief, political opinion, trade union membership, nationality, extraction, clothing or dress style, in employment, work organization, vocational training, wages, promotion, entitlement to social benefits, disciplinary measures and actions, or dismissal”. Section 95 further provides that workers have the “right to equal opportunity, equal treatment and non-discrimination”. The Committee welcomes the adoption of the equality and non-discrimination provisions of Labour Law No. 17/2010, and asks the Government to provide information on the application of the relevant provisions in practice, including any relevant administrative or judicial decisions. Please provide information on the measures taken or envisaged to promote the implementation of the new non‑discrimination provisions, as well as any relevant follow-up under the five-year plan and the Decent Work Country Programme, and their impact on promoting the principle of equality of opportunity and treatment in employment and occupation.

Restricting women’s access to employment. The Committee notes the Government’s reference to a special order relating to women’s employment, which lists the tasks, industries and occupations in which women may be employed and those prohibited for women, which was not annexed to the report as indicated. The Committee notes that, pursuant to section 120 of the new Labour Law, “the Minister shall determine, by ministerial decision, such activities, instances and circumstances where women shall be allowed to perform night work, as well as harmful, immoral and other activities prohibited for women”. In this connection, the Committee recalls its previous comments stressing the need to repeal protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society. With regard to section 139 of the Personal Status Act respecting child custody and limiting the right of female custodians to work, the Committee notes the Government’s indication that no statistical information exists on the number of women who have left work to have custody of their children. The Committee asks the Government to take steps to ensure that protective measures for women which exclude women from certain tasks, jobs or occupations, or limit their access thereto, are limited to maternity protection. It requests the Government to supply a copy of the special order to which it refers in its report, as well as any ministerial decisions taken pursuant to section 120 of the new Labour Law. Recalling its previous comments on employment restrictions imposed on female custodians, the Committee also requests the Government to take steps to amend section 139 of the Personal Status Act.

Equality of opportunity and treatment for men and women in employment and occupation. The Committee recalls its previous comments noting the various measures taken to address traditional stereotypes concerning women’s role in society hindering their participation in the labour market. Noting that the Government’s report contains no information regarding its previous observation on this matter and having regard to the importance of effectively addressing occupational gender segregation in the public and private sectors to ensure equal opportunities for women and men in employment and occupation, the Committee requests the Government to provide information on the following:

(i)    the measures taken or envisaged, and the results achieved, to address the obstacles to women’s access to the labour market and the persistent occupational gender segregation, including promoting women’s access to a wider range of occupations and increasing their chances of career advancement in both the public and private sectors;

(ii)   specific measures to address traditional views and stereotypical assumptions that may exist regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs;

(iii)  how the National Strategy for Women (2006–10) and the measures taken or envisaged to implement it have addressed occupational gender segregation; and

(iv)  detailed statistical information on the distribution of men and women in the different economic sectors, occupational categories and positions in order to have an appreciation of the progress made in applying the Convention.

Access of women to education and vocational training. Noting that the Government’s report provides no new information regarding the access of women to education and vocational training courses traditionally dominated by men, the Committee recalls the importance of collecting and analysing relevant data in order to allow the Government and the Committee to assess the progress made over time in achieving a balanced representation of men and women in education and vocational training. The Committee requests the Government to provide specific information on the following:

(i)    measures taken to promote women’s access to a broader range of educational and vocational training courses, including those traditionally dominated by men;

(ii)   the extent to which women undertaking vocational training and attending university are able to find appropriate employment;

(iii)  statistical data, disaggregated by sex, on participation in training courses and vocational training centres, and in the various university programmes.

Enforcement. The Committee notes that the non-discrimination provision in section 2 of the new Labour Law provides that workers have the right to claim compensation for material and moral damage sustained before the competent court. Pursuant to section 204 of the new Labour Law, a worker or employer may bring a dispute regarding the application of the Law to the competent court. It also notes that section 249 provides that every inspector shall monitor the enforcement of the Law “in connection with working conditions and protection of workers at work”, and that they have the authority to take action against employers who violate the law, including referring the matter to the court. The Committee recalls its concerns regarding the vulnerability of certain groups, particularly ethnic minority Kurds and Bedouins, despite the existence of legislative protection, and notes that in response to its previous comments concerning difficulties encountered by some groups of the population in lodging complaints, the Government indicates that natural persons have the right to institute legal proceedings against any public official or private person if their rights are jeopardized. The Committee requests the Government to take measures to increase knowledge and understanding of the objectives of the Convention and of the relevant legal provisions of the new Labour Law providing for equality of opportunity and treatment in employment and occupation and non-discrimination, including among ethnic minority Kurds and Bedouins, and to provide specific information in this regard. The Committee also requests the Government to provide information regarding the following:

(i)    the measures taken or envisaged to raise awareness of the labour inspectorate and judges regarding discrimination in employment and occupation against ethnic minorities;

(ii)   the measures taken, through surveys or otherwise, to undertake an evaluation of the effectiveness of the complaints procedures, including any difficulties encountered by women or men, including from minority groups, in seeking judicial remedies with regard to cases of discrimination on the basis of all the grounds covered by the Convention;

(iii)  the activities of the labour inspectorate relevant to equality of opportunity and treatment and non-discrimination, including any complaints received or violations detected, the sanctions imposed and the remedies provided.

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