Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

Legislative framework. The Committee recalls that, in its previous observation, it welcomed the findings and recommendations of the legal review on pay equity conducted by the National Steering Committee for Pay Equity (NSCPE), with ILO support, and asked the Government to provide information on the steps taken to implement the recommendations arising out of the legal review as they relate to the Convention, in particular with respect to the proposed amendments to sections 4 and 29A(6) of the Labour Law, with a view, respectively, to: (i) explicitly defining and prohibiting direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention, in all areas of employment and occupation, and covering all workers; and (ii) providing clear protection and remedies with respect to quid pro quo and hostile environment sexual harassment. The Committee notes that the Government does not provide information in its report on any of these matters. It however notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the harsh conditions and high risk of physical and sexual abuse faced by many girls engaged as domestic workers (CEDAW/C/JOR/CO/6, 9 March 2017, paragraph 43(h)). In this regard, the Committee wishes to emphasize the importance of taking effective measures to prevent and prohibit sexual harassment in employment and occupation and it refers to the specific guidance provided in its general observation of 2002 on the topic. It also recalls that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see 2012 General Survey on the fundamental Conventions, paragraph 743). The Committee therefore again asks the Government to provide information on the steps taken to implement the recommendations of the NSCPE legal review on pay equity with a view to explicitly defining and prohibiting direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention, in all areas of employment and occupation, and covering all workers, as well as providing clear protection and remedies with respect to quid pro quo and hostile environment sexual harassment. The Committee also requests the Government to provide information on the measures taken in practice to raise awareness of and prevent and protect against sexual harassment in employment and occupation and on any cases relating to sexual harassment dealt with by the courts or detected by the labour inspectorate, and their outcomes.

Article 5. Special measures of protection. Restrictions on women’s employment. In its previous observation, the Committee referred to section 69 of the Labour Code, under which the Minister shall specify industries and occupations in which the employment of women is prohibited and the times during which women are prohibited from working, and asked the Government to take the opportunity of the ongoing legislative review process to amend section 69 of the Labour Code and the corresponding Ordinance No. 6828 of 1 December 2010, to ensure that any restrictions on women’s employment are limited to maternity in the strict sense, and to provide information on any steps taken in this regard. Noting that the Government report is silent on this particular issue, the Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. It also wishes to stress that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see 2012 General Survey on the fundamental Conventions, paragraph 840). Such restrictions have to be justified (based on scientific evidence) and periodically reviewed in the light of developments and scientific progress in order to ascertain whether they are still needed and remain effective. In the absence of information from the Government, the Committee reiterates its request to the Government to take the opportunity of the ongoing legislative review process to amend section 69 of the Labour Code and the corresponding Ordinance, to ensure that any restrictions on women’s employment are limited to maternity in the strict sense, and to provide information on any steps taken in this regard.