Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Luxembourg (Ratification: 2001)

Autre commentaire sur C111

Observation

Demande directe

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Article 1(1)(a) of the Convention. Sexual harassment and other forms of harassment. The Committee notes that the Government’s report indicates that it cannot provide information on the application of the Agreement of 25 June 2009 concerning harassment and violence at work, concluded between the trade unions: Independent Trade Union Federation of Luxembourg (OGB L) and the Christian Trade Union Federation of Luxembourg (LCGB) on the one hand, and the “Union of Enterprises of Luxembourg” (UEL), and which was made generally binding by the Grand Ducal Regulation of 15 December 2009, as the monitoring of compliance with this agreement is carried out by the social partners. The Committee also notes that, in its 2012 activity report, the Centre for Equality of Treatment (CET) emphasizes that the Labour Code does not entrust the labour and mines inspectorate, which is responsible for ensuring the application of the provisions on sexual harassment (sections L.245-1 to L.245-8 of the Labour Code), with any means of repression or of imposing sanctions on persons committing sexual harassment. In this respect, in its report, the CET recommends that prosecution and prevention of sexual harassment are strengthened and that victim protection is reinforced, especially when the employer is the author of the harassment. In light of the severity and serious repercussions of this discriminatory practice, the Committee requests the Government to take specific measures to prevent and combat sexual harassment effectively in the public and private sectors. The Committee also requests the Government to provide information on the following points:

(i) the cases of sexual harassment reported by the labour and mines inspectorate and by the CET, or brought to their attention, including the sanctions imposed and remedies provided;
(ii) the measures taken to give effect to the CET recommendations concerning sexual harassment and, in particular, the protection of victims against possible reprisals; and
(iii) the activities of the special commission on harassment (number of cases, sanctions imposed, etc).

The Government is also requested to specify the manner in which, and the authority through which, compliance is ensured with the collective agreement of 25 June 2009, concerning harassment and violence at work, as it is binding.

Article 1(2). Inherent requirements of the job. The Committee notes the Government’s indications that section L.241-3 of the Labour Code has been used by the Catholic Church. The Committee requests the Government to continue providing information on the application in practice of section L.241-3 of the Labour Code, giving examples of cases in which it has been used and forwarding copies of any relevant court decisions.

Article 2. Equality of opportunity and treatment for women and men. The Committee notes that, according to the National Statistics Institute, the employment rate of women aged 20–64 years was 64.1 per cent in 2012 and was considerably lower than that of men, which was 78.3 per cent. At all education levels, the employment rate of women is lower than that of men. In respect of measures intended to promote equality between women and men, the Government once again refers to “Girls’ Day – Boys’ Day”, providing girls and boys with the opportunity to discover atypical occupations in relation to gender and to combat gender stereotypes in educational guidance. While noting these indications, the Committee requests the Government to provide detailed information on the measures taken, within the framework of the National Gender Equality Action Plan 2009–14, to achieve equality between women and men in employment and occupation, including measures to diversify the availability of vocational training and combat stereotypes and prejudices concerning the occupational aspirations and capacities of women. Please provide the information available on the evaluation of the results obtained in the framework of the Action Plan.

Affirmative action in favour of equality between women and men. While noting the information provided by the Government on the objectives of affirmative action, the Committee requests the Government to provide detailed information on the concrete results of affirmative action programmes in the private and public sectors, in terms of the enterprises and services or departments concerned, and the employment rate and the promotion of women to management positions.

Workers with family responsibilities. The Committee notes that equality between women and men in reconciling work and private life is one of the priority themes of the Affirmative Action Programme of the Ministry for Equality of Opportunity. The Committee notes the adoption of the Act of 19 June 2013, amending the Labour Code, the Act of 16 April 1979, issuing the general conditions of service of public servants and the Act of 24 December 1985, issuing the general conditions of service of local government officials, which extend the period of unpaid parental leave (from three to four months) and provides workers with the opportunity to request from their employers, upon their return from parental leave, an adjustment of their working hours for a maximum period of one year. The Committee requests the Government to indicate whether an evaluation has been carried out of the measures introduced by the Act of 19 June 2013 and to provide statistical data, disaggregated by sex, on the number of workers in the private and public sectors who have availed themselves of the provisions on the adjustment of working hours. Noting also that one of the objectives of the National Gender Equality Action Plan 2009–14 is the expansion of the provision of care for children attending school outside school hours (paragraph 6.13), the Committee requests the Government to provide information on the measures taken to this end and on any other measure aimed at helping workers to reconcile work and family responsibilities.

Equality of opportunity and treatment without discrimination based on race, colour or national extraction. The Committee notes the information provided by the Government on the structures established to cater for and train young people with special needs and to provide language courses to foreign families and children. The Committee notes that the priorities for 2013 of the Multi-annual National Action Plan for Integration and to Combat Discrimination 2010–14 include: (i) the promotion of equality of treatment in enterprises through the inclusion of integration and diversity, alongside gender in affirmative action projects, and the promotion and development of the Diversity Charter; and (ii) the promotion of enterprise creation by women and men of immigrant extraction. The Committee once again requests the Government to provide detailed information on the practical implementation of the measures envisaged by the Multi-annual National Action Plan for Integration and to Combat Discrimination 2010–14 with a view to ensuring effective equality of opportunity and treatment in access to education, vocational training and employment for persons of immigrant extraction, and particularly persons with origins from outside the European Union, and also on the impact of these measures on the elimination of discrimination on the basis of race, colour and national extraction. Please also provide more specific information concerning measures to promote equality of treatment in enterprises and to support the establishment of enterprises by persons of immigrant extraction, and on the results obtained.

Article 3(a). Collective agreements. Cooperation with the social partners. The Committee recalls that under section L.162-12-4(4) of the Labour Code, collective agreements must contain provisions subjecting the result of collective bargaining to the application of the principle of gender equality in establishments or enterprises to which these agreements are applicable. It notes that, according to the study “Collective bargaining through an analysis of collective labour agreements”, conducted in 2011 by the Centre for Social Science Research (CEPS/INSTEAD) and attached to the Government’s report, 50 per cent of the branch collective agreements in 2005 and 2006 do not contain clauses regarding equality of treatment between women and men, and 67 per cent of these agreements do not address the issue of sexual harassment. The Committee once again requests the Government to provide information on collective agreements concluded under section L.162-12-4-(4) of the Labour Code which promote and guarantee equality of opportunity and treatment, giving examples of the equality plans adopted. The Government is also once again requested to indicate the measures taken or envisaged to encourage workers’ and employers’ organizations to participate in the formulation and implementation of measures to promote equality of opportunity and treatment for women and men in employment and occupation.

Specialized equality body. The Committee welcomes the numerous training, awareness-raising and monitoring activities carried out by the CET, of which the Government provided the activity report for 2012. The Committee requests the Government to supply information on the action taken further to the recommendations made by the CET in its 2011 and 2012 activity reports concerning, in particular, multiple discrimination, requests for opinions by state authorities, investigations into discrimination, filing cases before the courts and data collection disaggregated by the various grounds of discrimination.

Enforcement. The Committee notes that, in reply to its previous comments concerning, in particular, the weak implementation of anti-discrimination legislation and the inappropriate legal remedies for victims, as emphasized in 2011 by the CET, the Government refers to the report by the labour and mines inspectorate. The Committee notes that, except for a few figures on harassment and on “women’s work”, the annual inspection report contains no information on the application of provisions prohibiting discrimination in employment and occupation. The Committee requests the Government to provide information on the activities of the labour and mines inspectorate on the enforcement of legislation to combat discrimination in employment and occupation, and on awareness raising among workers, employers and their organizations on these issues. Please provide any judicial or administrative decisions and extracts from labour inspection reports relating to discrimination and equality.