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Equality and Non-discrimination at Work

Equality and Non-discrimination at Work

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Equality and Non-discrimination at Work

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  1. Equality and Non-discrimination at Work Basics of International Labour Standards

  2. Core human rights documents • ILO Constitution: all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity; • Universal Declaration of Human Rights • Convention on the Elimination of Racial Discrimination

  3. Convention on the Elimination of all forms of Discrimination against Women • International Covenant on ESC Rights • Article 7 • (a) (i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; • (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; • International Covenant on CP Rights

  4. C100: Equal Remuneration, 1951 Principle: • to ensure that men and women workers receive equal remuneration for work of equal value, establishing rates of remuneration without discrimination based on sex. • The State has to ensure equal remuneration between men and women in the public sector and to promote the principle in the private sector.

  5. Scope of application • Applies to all workers • Applies to all elements of remuneration • Implies a comparison between jobs • Comparison between jobs is not limited to the same job, the same employer or the same sector

  6. Scope of remuneration • The basic, ordinary or minimum wage or salary and • any other additional emoluments, • paid directly or indirectly by the employer, • in cash or in kind, • arising out of the workers’ employment.

  7. C111: Discrimination (Employment and Occupation), 1958 Objectives: • The development and implementation of a national policy promoting equality of opportunity and treatment in employment and occupation, with a view to eliminating discrimination. • The repeal of any national legislation inconsistent with this national policy. Scope: • Applies to all persons • Applies to employment and occupation

  8. Convention No.111: definition of discrimination • Any distinction, exclusion or preference based on (one or more of the prohibited grounds) which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. • Any discrimination whether it is • In law or in practice • Direct or indirect

  9. Direct and indirect discrimination Direct Explicit and usually intentional Indirect May not be intentional. It is an apparently neutral law or practice which has a disproportionate negative impact on a particular group protected by the Convention or by national legislation.

  10. Prohibited grounds of discrimination Race Color Sex National extraction Social origin Religion Political opinion And any other ground specified by the national legislation (e.g. age, nationality, family responsibilities, language, sexual orientation, health, etc.)

  11. Application of Convention No.111: Equality of opportunity and treatment in employment and occupation includes: Equal access to vocational training General education, career guidance and counselling services and vocational training Equal access to employment and occupation Recruitment and hiring process, placement services, access particular occupations, including non-traditional occupations Equality in terms of conditions of work Professional training, opportunities for advancement, termination of employment, benefits, work environment, health and safety)

  12. Exceptions to prohibition of discrimination • Inherent requirements of the job • Truly relevant facts that mean only members of an identifiable group can do the job • Difficult to identify in most cases • Security of the State • Subject to review by a court • To overcome past discrimination • Affirmative action • Quotas not preferred method, but not forbidden

  13. Requirements of the Convention • Repeal any statutory provisions, administrative regulations or practices that are inconsistent with the national policy. • Declare and pursue a national policy to promote equality of opportunity and treatment. • Enact legislation and promote educational programmes. • Pursue the policy in the context of employment under direct control of the national authority. • Ensure observance of the policy in the context of vocational guidance and training and placement services under the direction of the national authority. • Seek cooperation with employers’ and workers’ organizations in promoting the acceptance and observance of the policy.