Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes with interest the detailed information and documentation supplied by the Government in reply to its previous comments, and also requests the Government to refer to the observation that it is making at its present session.

1. As regards the public sector, the Committee notes with interest the work of the Federal Personnel Office to promote the application of the principle of equality between men and women, particularly in the fields of competitions for vacancies, vocational training and further training and terms and conditions of employment. The Committee has also examined the statistics for 1987 that were supplied by the Government concerning the distribution of staff in the public administration by sex, mother tongue, age group, etc., which were established by the above Office. From this data it appears that, although the distribution of staff by language corresponds largely to the population of the various linguistic communities in the country, the same is not true for the proportion of women employed in the public administration. This proportion is 17.1 per cent for the administration as a whole, 15 per cent in the general administration of the Confederation, 26.5 per cent in the posts and telecommunications services and 4.8 per cent in the Federal Railways. The Government also indicates that women are under-represented in higher-level jobs and over-represented in lower-level jobs. The Committee hopes that the Government will continue to endeavour to promote the principle of equality of opportunity and treatment and to encourage the access of women to vocational training and employment in the public sector, including positions of responsibility, under the same conditions as men. The Committee also requests the Government to continue supplying information on any progress achieved in this respect.

2. The Committee refers to its previous comments concerning certain provisions of the statutes of the Federal Insurance Fund and the statutes of the Pensions and Assistance Fund of the Federal Railways, which include differences between women and men as regards the retirement age and the payment of early retirement pensions (provisions that were considered to be anti-constitutional by the Federal Tribunal ruling of 25 March 1983) and it notes that these provisions of the Ordinance respecting the Federal Insurance Fund and the Pensions and Assistance Fund of the Federal Railways were amended by the Federal Order of 24 September 1987 (which came into force on 1 January 1988) in order to establish equality of rights between the two sexes in this field. The Committee also notes the Government's statement that draft legislation is currently under discussion by the Federal Labour Commission and that this draft legislation proposes to abolish all special protective measures relating to the employment of women with the exception of those concerning maternity, and, in exchange, to protect all workers with family responsibilities without distinction on grounds of sex. The Committee requests the Government to keep it informed of any developments in this connection.

3. As regards women employed in the agricultural sector, the Committee noted in its previous comments the measures that the Government plans to take to remedy the inequalities between men and women in the fixing of wages and in access to vocational training. With reference to the inequality of wages, the Committee requests the Government to refer to the comments that it has made in the context of Convention No. 100. As regards access to vocational training, the Committee notes with interest, from the report, that the amendment of the Ordinance respecting training in home economics and the vocational training of women agricultural workers is under way and that the new draft legislation provides for the abolition of distinctions based on sex as regards training. The Committee hopes that this draft legislation will be adopted in the near future and that the Government will supply information on the effect given in practice to these new provisions, and on any other positive step taken to eliminate any discrimination in this field, in accordance with the principles set out in the Convention.

4. The Committee has examined the amendments made to the federal Act respecting the conditions of service of officials (which came into force on 1 July 1987) and notes that by virtue of section 4(3) of the new conditions of service, the Federal Council determines the special conditions that officials must fulfil in order to be appointed to the various posts, and that by virtue of section 13(2) officials are not authorised to be members of an association which sets objectives or uses methods that are illegal or such as to prejudice the security of the State. The Committee requests the Government to: (a) provide details on the "special conditions" which must be fulfilled by public officials in order to be appointed to the various positions, and (b) to indicate the scope in practice of section 13(2) of the revised conditions of service and their effect on the application of Article 4 of the Convention, and the possibility for those concerned to appeal to a competent body established according to national practice. (The Committee requests the Government to refer on the subject of this Article of the Convention to paragraphs 134 to 138 of its 1988 General Survey on Equality in Employment and Occupation.)