Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its brief report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes that the Office has not yet received a copy of the Employment Act of 1997 as requested in its previous comments. The Committee trusts that the Government will supply the Act with its next report.

2. The Committee notes the banned grounds of discrimination listed in section 17 of the Labour Code and requests again the Government to indicate whether the term "convictions" may be understood as covering "political opinion", and if not how protection is afforded against discrimination in employment and occupation on the basis of political opinion.

3. The Committee noted in its previous comments that section 82 of the Labour Code prohibits discrimination in the determination of remuneration, and excludes, among the banned grounds of discrimination, race, colour, political opinion and social origin. The Committee notes from the information provided in the Government’s report that no measures have been envisaged to extend protection from discrimination to said grounds. The Committee recalls that the purpose of the Convention is to protect all workers against discrimination on all the seven grounds listed in the Convention and that the Special Survey 1996 states that "it is now universally recognized that discrimination based on such grounds is contrary to the concept of fairness and human dignity". The Convention also covers all conditions of work including remuneration. Therefore, the Committee asks the Government to indicate how protection against discrimination on the grounds of race, colour, political opinion and social origin is afforded in practice in so far as determination of remuneration is concerned, and if the Government intends to extend the coverage of this provision to all the criteria set forth in the Convention.

4. The Committee notes the activities promoted by the Commission for Women’s Rights established in 1999. However, it also notes the comments of the Human Rights Committee that remains concerned that women continue to have a disproportionately low level of participation in the political and economic life, particularly in senior positions in the public sector and in business (paragraph 17, Concluding Observations, 26 July 2002). The Committee also notes the CEDAW’s comments that express concern about the situation of women in the labour market, including women’s unemployment levels, job segregation and the fact that, because of lack of opportunity in the country, many women seek employment abroad, often without obtaining work permits (paragraph 107, Concluding Observations, 27 June 2000). The Committee asks the Government to supply statistical data, disaggregated by sex on the labour market, divided by sectors of activities and levels of responsibilities and indicate which practical measures have been taken to correct the said de facto inequalities in the labour market. Finally, the Committee notes that the Government did not provide the list of types of work prohibited to women because of their dangerous nature or conditions in which they were carried out, as declared by section 168 of the Labour Code. The Committee hopes the Government will supply a copy of the said list with its next report.

5. The Committee notes the Government’s report remains silent on the issue of equality of opportunity in the labour market for ethnic minorities. It also notes the comments of the Human Rights Committee that remains concerned over the situation of national minorities in practice, particularly of the Gagauz and of the Roma, who continue to suffer serious discrimination, notably in the rural areas (paragraph 19, Concluding Observations, 26 July 2002). The Committee once again requests the Government to provide information on the measures taken to eliminate discrimination and promote equality of opportunity and treatment in the labour market for national minorities.

6. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention.

7. The Committee notes that the Government’s report contains no reply to the following points raised in its previous direct request:

The Committee notes that a general department has been established within the Ministry of Labour with a view to studying the specific problems of women on the employment market, as well as the protection of maternity and childhood. It requests the Government to provide it with information on the activities undertaken by the above department, the studies carried out, etc. It would also be grateful to receive information on the "decision respecting the approval of the plan of essential action to improve the situation of women and increase their role in society" (No. 39), adopted on 15 January 1998, and the action taken on the basis of this decision.

Article 4. The Committee requests the Government to provide information in its next report on any legislative or administrative measures and any national practices governing the employment or professional activities of persons who are under legitimate suspicion of carrying on activities prejudicial to the security of the State, or who have been proven to carry on such activities, and on the channels of appeal available to such persons.