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

Article 1 of the Convention. Sexual harassment. The Committee notes from the Government’s report that over the past five years, there have been nine prosecutions under section 170(1) of the Penal Code, none of which involved sexual harassment. The Committee recalls that section 170 of the Penal Code may not provide adequate protection from all forms of sexual harassment in the workplace. The Committee notes the Government’s indication that Resolution No. 26-11 concerning the Model Law on State guarantees equal rights and opportunities for women and men, adopted by the Inter-parliamentary Assembly of the Commonwealth of Independent States (CIS) on 18 November 2005, sets out guarantees prohibiting sexual harassment against persons of either sex by employers (section 16), and that the Inter-parliamentary Assembly has recommended that CIS member States incorporate the Model Law into national legislation. The Committee asks the Government to indicate any steps taken to adopt legal provisions defining and prohibiting sexual harassment in the workplace, not only by employers by also by co-workers, taking into account the provisions of the abovementioned Model Law and the elements set out in the Committee’s general observation of 2002 on this issue. Please also indicate any practical measures taken to address both quid pro quo and hostile environment sexual harassment, including through awareness raising among workers and employers and their organizations.

Direct and indirect discrimination. The Committee notes the Government’s confirmation that section 14 of the Labour Code is intended to protect workers from indirect discrimination. The Committee asks the Government to consider amending section 14 of the Labour Code to provide for a more explicit prohibition of indirect discrimination, as soon as the occasion for revision arises. In the meantime, the Committee requests the Government to provide copies of any judicial or administrative decisions relating to cases of indirect discrimination in violation of section 14 of the Labour Code.

Grounds of discrimination. Social origin. The Committee notes the Government’s indication that the possibility of amending the Labour Code to include social origin among the prohibited grounds of discrimination will be considered if such changes occur in society and the labour market making membership of any social group, class or locality a ground for distinctions or preferences of any kind thereby undermining the principle of equality in employment and occupation. The Committee asks the Government to provide information on the steps taken or envisaged to determine whether any changes in the labour market or society have occurred that could lead to new forms of discrimination in law and in practice, including regarding social origin. The Committee also asks the Government to provide information on how a person alleging discrimination based on social origin could seek protection against such discrimination.

Article 2. Equality between men and women. The Committee notes from the statistics in the Government’s report that men are more highly represented in agriculture (59.1 per cent), forestry (83.5 per cent), building (78.8 per cent) and transport (70.7 per cent), while women are highly represented in health-care establishments (82.7 per cent), education (81.2 per cent), finances and insurance (74.6 per cent), culture (74.1 per cent), commercial and catering establishment (73.9 per cent), administration (64.3 per cent), communications (63.7 per cent) and IT services (58 per cent). The Committee notes that the National Plan of Action on Gender Equality for 2008–10 includes among its aims to improve legislation guaranteeing equal opportunities for further training, assist men and women in reconciling work and family responsibilities, prevent discrimination in recruitment, termination of employment and promotion, create conditions to allow women to be involved in the administration, prevent violence against women, and overcome traditional stereotypes regarding the place and role of women in society. Specific measures include examining the possibility of ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156); monitoring the position of women in the labour market; improving women’s competitiveness, including through training and retraining of women after maternity and childcare leave; stimulating entrepreneurial activity of women; educating employers on gender equality with a view to ensuring respect for workers with family responsibilities and changing stereotypes that influence recruitment and professional advancement, and monitoring conditions or measures and occupational safety and health of women in basic branches of the economy. The Committee asks the Government to provide information on the specific action taken and concrete results achieved by the various measures taken to implement the National Plan of Action on Gender Equality for 2008–10, as well as an indication of any obstacles that have been identified to achieve its objectives.

Equality of opportunity and treatment, irrespective of race, national extraction and religion. The Committee notes the information in the Government’s report regarding the general measures taken to promote tolerance and coexistence among religious, ethnic and national minorities in the country. It notes the Government’s statement that work is being done by the ethnic and religious affairs bodies to explain and publicize citizens’ rights, and it reaffirms that instances of discrimination in employment on the basis of race, ethnicity or religious belief are presently not found. The Committee asks the Government to indicate more specifically the activities undertaken to raise awareness of the relevant legislation prohibiting discrimination in employment and occupation based on ethnic origin, race and religion, and to enhance the capacity of the responsible authorities, including judges, labour inspectors and other public officials, to identify and address such cases, and also to examine whether the applicable substantive and procedural provisions, in practice, allow victims of discrimination to bring their claims successfully. Please also provide information on any measures taken to assess on a regular basis the situation of national, ethnic and religious minorities in the labour market with a view to promoting equality of opportunity and treatment.

Migrant workers. The Committee recalls its previous comments regarding the need to protect all workers, even those in an irregular situation, against discrimination at work based on race, colour, sex, religion and the other grounds covered by the Convention. The Committee notes the Government’s reply regarding the reference in the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111) to the 1949 ILO instruments on migration for employment with regard to the lifting of restrictions on access to employment for migrants lawfully in the country. The Committee draws the Government’s attention to the fact that while the Convention does not address distinctions, preferences and exclusions on the basis of citizenship and Recommendation No. 111 does not address the lifting of restrictions on access to employment for migrant workers in an irregular situation, under the Convention these workers should be protected against discrimination in employment on the basis of all the grounds set out in Article 1(1)(a) of the Convention, particularly with respect to their conditions of work. The Committee therefore reiterates its requests to the Government to indicate any measures taken or envisaged to ensure that foreign workers are protected against discrimination at work based on race, colour, sex, religion, and the other grounds of the Convention.

Article 5. Special measures of protection. Working time restrictions for certain women. With respect to its previous comments on section 263 of the Labour Code imposing working time restrictions on women having children under the age of 3 years in certain types of work, the Committee notes the Government’s statement that the restrictions concerned are not discriminatory, but rather intended to protect mothers and provide means of protecting rights of women workers with regard to maternity and childcare. The Committee considers that legislation reflecting the assumption that the main responsibility for family care lies with women, thus reinforcing stereotypical attitudes regarding the roles of men and women and existing gender inequality, runs counter to the principle of equality. Blanket restrictions for women to do overtime, to work on public holidays or rest days or to go on business trips may restrict their access to certain types of jobs and certain occupations, particularly those with career opportunities. In light of the abovementioned National Plan of Action on Gender Equality and the equal right of men and women to take up parental leave (section 185 of the Labour Code), the Committee asks the Government to revise the legislation so as to ensure that restrictions applying to women are limited to those aimed at protecting maternity in the strict sense and those providing special conditions for pregnant women and nursing mothers. The Committee also encourages the Government to examine the possibility of allowing male workers with children to refuse overtime, work on holidays and rest days, and business trips when facing obstacles relating to family responsibilities.

Article 5. Prohibition of recruitment of women for heavy manual work and work involving hazardous conditions. The Committee notes the Government’s indication that there have been no recorded cases of permission by authorities to employ women in positions included in the list established by the Council of Ministers’ Decision No. 765 of 26 May 2000 concerning heavy manual work and work involving hazardous conditions for which women’s recruitment is prohibited. Such permission may be granted following inspection confirming that steps have been taken in accordance with Regulation No. 9-80-98 (the “SanPiN 9‑72 RB 98 standard”) which sets out the health and safety requirements with regard to working conditions for women. Noting the Government’s statement that the Ministry of Health intends to revise Regulation No. 9-80-98 in the course of 2010, the Committee asks the Government to take all necessary steps to ensure that restrictions on women’s employment are limited to protecting maternity in the strict sense. Please also provide information of instances where permission has been granted to hire women in work included in the list of heavy manual work and work involving hazardous conditions, and on any measures taken to ensure that health and safety requirements are applied to both men and women.

Parts III and IV of the report form. Enforcement. The Committee requests the Government to continue to provide information on any judicial or administrative decisions relating to equality of opportunity and treatment in employment and occupation.