equality and non-discrimination at work
DESCRIPTION
Equality and Non-discrimination at Work. Basics of International Labour Standards. Core human rights documents. - PowerPoint PPT PresentationTRANSCRIPT
Equality and Non-Equality and Non-discrimination at Workdiscrimination at Work
Basics of InternationalBasics of International
Labour StandardsLabour Standards
Core human rights documentsCore human rights documents
ILO ConstitutionILO Constitution: : all human beings, all human beings, irrespective of race, creed or sex, have the irrespective of race, creed or sex, have the right to pursue both their material well-right to pursue both their material well-being and their spiritual development in being and their spiritual development in conditions of freedom and dignity, of conditions of freedom and dignity, of economic security and equal opportunity;economic security and equal opportunity;
Universal Declaration of Human RightsUniversal Declaration of Human Rights Convention on the Elimination of Racial Convention on the Elimination of Racial
DiscriminationDiscrimination
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, 1951C100: 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 applicationScope 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 remunerationScope 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 C111: Discrimination (Employment and Occupation), 1958and 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 Convention No.111: definition of discriminationdiscrimination
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 Direct and indirect discriminationdiscrimination
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 Prohibited grounds of discriminationdiscrimination
Race
Color
Sex
National extraction
Social origin
Religion
Political opinionAnd any other ground specified by the national
legislation (e.g. age, nationality, family responsibilities, language, sexual orientation, health, etc.)
Application of Convention No.111Application 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 workProfessional training, opportunities for advancement, termination of employment, benefits, work environment, health and safety)
Exceptions to prohibition of Exceptions to prohibition of discriminationdiscrimination
Inherent requirements of the jobInherent requirements of the job Truly relevant facts that mean only members of an Truly relevant facts that mean only members of an
identifiable group can do the jobidentifiable group can do the job Difficult to identify in most casesDifficult to identify in most cases
Security of the StateSecurity of the State Subject to review by a courtSubject to review by a court
To overcome past discriminationTo overcome past discrimination Affirmative actionAffirmative action Quotas not preferred method, but not forbiddenQuotas not preferred method, but not forbidden
Requirements of the ConventionRequirements 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.