Transcript Equality and Non-discrimination at Work
Equality and Non discrimination at Work
Basics of International Labour Standards
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
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
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.
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
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.
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
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
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.
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.)
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
R ecruitment 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)
Exceptions to prohibition of discrimination
Security of the State
Subject to review by a court
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
To overcome past discrimination
Affirmative action Quotas not preferred method, but not forbidden
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 .