Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Article 1 of the Convention. Discrimination on the basis of political opinion. The Committee recalls its previous comments on Act No. 8043 of 30 November 1995 laying down that persons who have served, or have been candidates, in bodies or functions of the previous regime between 28 November 1944 and 31 March 1991 are excluded from the right to serve in certain public functions and engage in certain professions. The Committee expressed its concern that the Act may go beyond justifiable exclusions in respect of a particular job based on the inherent requirements thereof, as provided for under Article 1(2) of the Convention. In the absence of any information in reply to its previous request, the Committee again asks the Government to consider revising the provisions concerned and, in doing so, to have recourse to the indications provided by the Committee in its General Survey of 1988 on equality in employment and occupation, in particular paragraphs 126 and 135–137, as well as paragraphs 192–202 of the Special Survey of 1996. The Committee also once again requests the Government to provide information on the application of the Act, including information on the following: (1) the reasons for automatic exclusion listed in the Act; (2) the number of persons who have been dismissed, or excluded from being a candidate for, or employed in the posts and professions listed in the Act; (3) any judicial decisions given in this regard; and (4) whether the conformity of this Act with the Constitution, or with the Convention, has been challenged before the Constitutional Court.

The Committee further reiterates its request for interpretation of the provisions of the Civil Service Act No. 8549 of 1999, according to which the civil service is formed and operates on the basis of the principle of “political neutrality”, as well as information on the rules of ethics with which civil servants have to comply.

Sexual harassment. The Committee notes that section 6 of the Law on Equal Gender Society places upon the employer the obligation to adopt internal regulations setting out disciplinary measures against sexual harassment. The Committee refers to its 2002 general observation on sexual harassment and requests the Government to provide information on any internal regulations adopted at the enterprise level to protect employees against sexual harassment, pursuant to section 6 of the Law on Equal Gender Society.

Article 2. Promotion of equality of opportunity and treatment between men and women. The Committee notes that under the Employment Promotion Act of 1995, a specific programme of incentives for the recruitment of unemployed women has been implemented since 2004, with a view to fostering women workers’ employment, focusing, in particular, on women victims of trafficking, disabled women and Roma women. The Committee also notes that under the Order No. 782 of the Ministry of Labour and Social Issues dated 4 April 2006, unemployed women belonging to some targeted groups, such as Roma, victims of trafficking and persons with disabilities, are allowed to participate in training courses without paying any fees. Despite this measure, the Committee notes that, according to Eurostat, in 2005 the female employment rate was approximately 38.8 per cent compared to 60 per cent of men. The Committee also notes from the concluding observations of the UN Committee on Economic, Social and Cultural Rights, that the National Platform for Gender Equality (2002–05) was never approved (E/C.12/ALB/CO/1, 24 November 2006, paragraph 22). The Committee further notes that the Law on Equal Gender Society of 2004 calls for the adoption of appropriate measures to promote equality of opportunity between men and women. The Committee asks the Government to increase its efforts to address gender discrimination in employment and occupation and requests it to provide full information on the measures taken or envisaged in this regard, including information on the implementation and impact of the programmes adopted under the Employment Promotion Act, as well as information on the measures taken to promote equality of opportunity between men and women in compliance with the Law on Equal Gender Society. Please also supply information on the impact of the targeted measures taken under Order No. 782 in respect of the promotion of the principle of equality of opportunity in employment and occupation.

Promotion of equality of opportunity and treatment in respect of other grounds. The Committee notes from the second report of the Government under the Framework Convention for the Protection of National Minorities that a National Strategy on the “improvement of the Living Conditions of the Roma Community” has been set up with the aim of improving the living conditions, education and employment of the Roma people. A specialized structure to monitor the implementation of this strategy was also created within the Ministry of Labour, Social Affairs and Equal Opportunities (Order No. 213/2, dated 22 June 2004, of the Minister of Labour and Social Affairs) with the mandate, among other things, to report on the progress made (ACFC/SR/II(2007)004, 18 May 2007, page 8). The Committee further notes from the Government’s report that programmes have been adopted under the Employment Promotion Act of 1995 and the Law on Education and Professional Training of 2002, with a view to increasing levels of employment, including the establishment of incentives for the recruitment of unemployed persons and the supply of professional training. The Committee requests the Government to provide full information on the measures taken or envisaged to implement the National Strategy on the Improvement of the Living Conditions of the Roma Community with regard to equality of opportunity and treatment in employment and occupation, as well as to supply information on the progress made in this regard. Please also provide statistical information on the situation of the different minority groups in the labour market, including their level of employment in both the private and public sectors, as well as information on the numbers of persons belonging to minority groups which have benefited from the programmes adopted under the Employment Promotion Act of 1995 and the Law on Education and Professional Training of 2002.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee reiterates its request for information on the policies and measures adopted or envisaged by tripartite bodies to promote equality of opportunity and treatment in employment and occupation.

Article 5. Restrictions on hazardous work for pregnant and breastfeeding women. Noting that under the Decision of the Council of Ministers (DCM) No. 397 of 1996 on “special protection of pregnant women and motherhood”, women are prohibited from performing work that can endanger their health and safety, or that of their child, the Committee requests the Government to indicate what jobs are currently considered to be covered by this provision.

Parts III–V of the report form. In the absence of the information solicited, the Committee reiterates its request for information on the manner in which the State Labour Inspectorate supervises and ensures the application of the prohibition of discrimination as envisaged in the Labour Code and in the Convention. Please also indicate whether any relevant complaints have been made and how the complaints have been handled, including findings, remedies and sanctions. Moreover, noting that the Civil Service Commission is competent to resolve appeals of decisions concerning public servants, the Committee requests information on any cases of discrimination brought before the Civil Service Commission and on any appeals from its decisions before the courts.