Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes that the Government's report has not been received. Referring to its previous direct request, it notes with interest that, by the Legislative Decree of 9 March 1995, the Labour Code, Act No. 5 of 1995, was promulgated.

1. Non-discrimination on the ground of sex. The Committee notes that section 2 ("Definitions"), in conformity with the Convention, encompasses men and women in the same term "worker" and that equality of treatment in employment and occupation, without discrimination, in particular on the ground of sex, is reaffirmed in section 5. However, the Committee notes that, under section 67(1), equality of treatment in wages is not based on the same criteria depending on whether it is applied to women or men. The Committee is pursuing this difference in treatment in its direct request under Convention No. 100.

2. The Committee welcomes the provisions of sections 43ff. of the new Labour Code which relate to protection of pregnant women workers and to maternity. Provisions such as these give effect to Article 5, paragraph 2, of the Convention. The Committee nevertheless observes that section 43 does not cover the interruption of work due to maternity leave, which would appear to be a drafting point since section 45 of the Code contains the principle of maternity leave.

3. Referring to its previous direct requests, the Committee requests the Government to supply, with its next report, information on all measures taken in practice to promote the national policy on equality in employment and occupation and the elimination of all discrimination on the ground of sex. In addition, it asks the Government to provide statistical data reflecting developments in the situation of the female workforce in comparison with the whole economically active population.

4. Non-discrimination on the grounds of social origin and political opinion. The Committee notes that above-mentioned section 5 of the Labour Code lists the criteria of proscribed discrimination in the fields of equal opportunity and treatment in work as sex, age, race, colour, beliefs and language. It notes the absence among these criteria of "political opinion". The Committee recalls that, according to paragraph 58 of its 1988 General Survey on equality in employment and occupation, when provisions are adopted to give effect to the principle of the Convention, they should include all the criteria of discrimination contained in Article 1, paragraph 1(a), of the Convention. The Committee requests the Government to supply, with its next report, information on the measures taken or envisaged to give full effect to the above-mentioned provision of the Convention, in particular in the framework of the new Labour Code for the sectors of activity to which it applies. It would also be grateful if the Government would communicate to the Office the texts of the regulations under relevant provisions of the Code.