Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Sexual harassment. The Committee notes that the Government is again studying the draft amendment to the Labour Law in light of the Committee’s comments on draft section 86(3). The Committee also notes the Government’s statement that the Penal Code punishes sexual harassment, as does section 75 of the current Labour Law. The Committee recalls that sex-related offences established under penal law generally cover severe forms of sexual harassment and do not provide sufficient protection against other forms of sexual harassment at work mentioned in the Committee’s general observation of 2002. The Committee hopes that the Government, in finalizing section 86(3) of the draft Labour Law, will take the opportunity to explicitly define and prohibit all forms of sexual harassment as defined in the 2002 general observation. The Committee also asks the Government to indicate the specific measures taken, including awareness-raising programmes for workers and employers, to prevent and address sexual harassment at work.

Discrimination on the basis of religion in the civil service. The Committee recalls its previous comments regarding the need to assess any inequalities relating to access to all posts in the civil service on the basis of religion. The Committee notes the Government’s statement that revoking the rule of equal representation of religions in jobs of the first category is closely related to measures aimed at revoking the religious groups specified in the Constitution. The Committee further notes the Government’s explanations regarding the difficulties relating to the availability of data, disaggregated by religion, on the composition of the civil service. The Committee nevertheless urges the Government to make serious efforts to compile the necessary data on men and women and their respective religions employed in all categories in the civil service, especially those following competitions organized pursuant to section 54 of Act No. 583 of 23 April 2004. It also asks the Government to continue to provide updates on the status of the rule on equal representation of religions in top positions of the civil service.

Discrimination based on sex – unjustified restrictions on the employment of women. The Committee notes the Government’s statement that section 35 of the draft amendment to the Labour Law does not aim to exclude women from certain types of employment, and that exceptions concern those measures aimed at protecting women during pregnancy and maternity, and “those which are provided for in certain regulations to ensure protection in accordance with the cases authorized by the Convention”. The Committee notes that under Article 5(1) of the Convention, the only measures differentiating between men and women that are permitted, and this on an exceptional basis, are those that promote genuine equality in society or those which are justified by the existence and persistence of overriding biological and physiological reasons, as in the case of maternity and pregnancy. Noting further the Government’s affirmation that the Committee’s comments will be taken into account during the revision of the draft Labour Law, the Committee hopes that the final text of the draft Labour Law will ensure that employment restrictions for women are strictly limited to the biological conditions of pregnancy and maternity.

Equality between men and women in the civil service. The Committee recalls the very low percentage of women in the public administration, public institutions and municipalities, especially in the posts of the highest category. The Committee notes the Government’s reply that competitions and subsequent appointments in the civil service are based on the principles of merit and worthiness, which prevent discrimination based on sex. The Committee asks the Government to provide information on the following:

(i)    the measures taken or envisaged to ensure that employment decisions in the civil service are made on the basis of an unbiased assessment of individual merit, excluding stereotypical considerations and overcoming discriminatory direct and indirect practices;

(ii)   the measures taken or envisaged in respect of further training and promotion to ensure the representation of women at all levels of the civil service, including the higher levels, and to continue to provide statistics on the number and grades of the women currently employed in the civil service, particularly in positions of responsibility.

Access of women in employment in the private sector. The Committee recalls, despite some positive developments, the overall low participation rate of women in the private sector. The Committee notes the statistics provided on intensified training organized by the National Employment Agency (Report No. 365/r of 2008), as well as those on training provided from 2005 to 2007 by the National Centre for Vocational Training, annexed to the Government’s report on the Human Resources Development Convention, 1975 (No. 142). The statistics indicate however, that, apart from information technology, women continue to be enrolled in so-called typical feminine courses such as aesthetics, nursing, childcare, and administration, which are generally known for having fewer career prospects. The Committee further notes that, in May 2008, the Government requested assistance from the ILO to organize a tripartite workshop on women in non-traditional occupations, and that the Ministry of Labour intends to organize a workshop on the participation of women in economic life, including on means to reconcile work and family responsibilities. The Committee hopes that the Government will soon be able to benefit from the requested assistance, and asks the Government to provide information on the recommendations made at these workshops and any follow-up given to them. The Government is also requested to indicate any other measures taken, and the results achieved, to encourage women to enrol in a wider variety of vocational training courses, including those traditionally attended by men, and those offering better career opportunities.

Non-citizens. Discrimination on the basis of sex, race, colour and national extraction. The Committee recalls that the protection against discrimination on the grounds set out in the Convention covers both citizens and non-citizens. It recalls the high unemployment rate for male (9 per cent) and female (26 per cent) Palestinian refugees, and their vulnerability to inequalities and prejudices with respect to access to employment. The Committee notes the Government’s statement that the low participation of Palestinian refugee women may be explained by their lack of desire to work, but that a few are employed in hospitals and supermarkets. The Committee requests the Government to provide up to date statistics, disaggregated by sex and origin, on the employment of non-citizens, especially Palestinian refugees. It encourages the Government to take steps to analyse the nature and extent of any discriminatory employment practices that may exist against non-citizens, especially Palestinian men and women, and the measures taken to ensure their effective protection provided for by the Convention.

Migrant domestic workers. The Committee recalls the particularly vulnerable situation, including their contractual obligation to reside in the employer’s home, of female migrant domestic workers, and their exemption from the Labour Law. The Committee notes the Government’s explanations that domestic workers are exempted from the Labour Law due to the different nature of their work, which requires special legislation. In this regard, the Committee notes that the Government has taken measures to improve the employment situation of female foreign domestic workers, such as: Order No. 70/1 of 9 July 2003 on the organization of work of agencies which bring in foreign female domestic workers, which provides for the obligations of employers with regard to working and living conditions of domestic workers, payment of their wages, and contains provisions concerning submission of complaints, supervision and labour inspection; Order No. 13/1 of 22 January 2009 on private employment agencies for migrant domestic workers, which, among others, prohibits agencies and their employees from beating domestic workers; and the adoption in 2009, by the Ministry of Labour, of the unified contract for migrant domestic workers, which specifically sets out the rights of domestic workers concerning the payment of their monthly salary (in cash) and benefits in kind, medical care, working time arrangements, annual leave and sick leave, contains provisions on termination in serious cases of abuse, harassment, and maltreatment, and provisions on the submission of complaints with the Ministry of Labour and the courts. Furthermore, guidance material on the rights and obligations of employers and workers is being developed in nine languages. The Committee notes these initiatives with interest but considers that further information is needed demonstrating that they are effectively protecting foreign domestic workers against discrimination in employment and occupation based on all the grounds of the Convention. The Committee notes in this regard from the Government’s report that the permit of a foreign worker who has been exposed to aggression by the employer shall be retrieved, which may increase the reluctance of foreign domestic workers to submit complaints to the Ministry of Labour or the courts. The Committee therefore asks the Government to provide in its next report information on the following:

(i)    an indication of the number of employers that have made use of the unified contract for foreign domestic workers;

(ii)   the nature and number of complaints submitted by foreign domestic workers for violations of the unified contract or Order No. 7/1 of 2003, and the outcomes achieved; and

(iii) any other measures taken, including the national action plan on domestic workers, to improve the employment status and the rights of foreign domestic workers, especially women, and protect them against discrimination in employment.

Enforcement. The Committee notes that activities are under way to improve the capacity of the labour inspectorate to implement international labour standards, including those on equality and non-discrimination, and asks the Government to provide information on these activities and their follow up. Recalling the importance of gathering information on administrative or judicial decisions relating to discrimination cases, the Committee hopes the Government will make special efforts to this end.