Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

1. The Committee notes with interest the entry into force on 1 August 1997 of Act No. 286 of 1996 concerning the use of health information in the labour market. It notes that the Act contains, inter alia, a general prohibition of unjustified use of information on the status of health of an employee for the purpose of limiting the employee's possibility to obtain or maintain employment (section 1), the conditions in which an employer may request and require information (sections 2 to 5), the extent of the employee's obligation to provide information (sections 6 and 7), and provides for compensation and fines for violations of the Act (sections 12 to 14). The Committee would be grateful if the Government would indicate whether it has given consideration to the possibility of determining, following the procedure available in Article 1, paragraph 1(b), of the Convention, "state of health" as a further ground of prohibited discrimination under the Convention.

2. The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matter raised in its previous request, which reads as follows:

It also notes the information supplied by the Government in response to its previous direct request on the remedial procedures available for workers alleging discrimination on the grounds of race, national extraction, political opinion or social origin. The Government states that it considers the current legislative mechanisms related to discrimination in employment to be inadequate. Noting that the Government has initiated a process to introduce new legislation in this field, based on the principles of the Convention, by spring 1996, the Committee asks the Government to keep it informed of developments in this regard and to supply a copy of the new Act, once adopted.