Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Belgium (Ratification: 1977)

Referring to its previous direct requests, the Committee notes the information contained in the Government's report and the attached documentation.

1. The Committee notes with interest the adoption of a number of legislative and practical measures designed to pursue the national policy of equality of opportunity and treatment between men and women in employment, including: an increase in the Interprofessional Agreement for 1991-92, concluded on 27 November 1990, of the resources to be devoted to the employment of groups at risk; the extension of maternity leave entitlement to 15 weeks; amendment of the Commune Act introducing parental leave for councillors; an Act of 11 October 1991 introducing special non-paid leave of up to ten days per year for compelling reasons; the activities, publications and opinions of the Women's Labour Committee described in its Report XV for July 1989-June 1991 and the formulation of 156 positive action plans in the public service. The Committee requests the Government to continue to keep it informed of the implementation of positive action for the employment of women and the elimination of discrimination based on sex in employment.

2. As concerns previous comments on the use of physical selection criteria for access to certain public sector jobs, the Committee notes that, following the implementation of positive action plans in the public service (particularly in local government administrations where certain communal regulations still stipulate physical selection criteria restricting the access of women), the Secretariat of State for Social Emancipation has prepared a manual on positive action entitled "Women in the communal police". The Committee requests the Government to provide information in its next report on the progress made towards eliminating discriminatory criteria for access to public service posts, following the distribution and implementation of this manual.

3. The Committee notes with interest the measures taken to combat sexual harassment in employment: the National Labour Council Report No. 38 and Communication No. 4 of 18 December 1990 on the subject, recommending, inter alia, legislation to combat such discrimination; the subsequent adoption, on 7 October 1992, of the Royal Order protecting workers against sexual harassment at the workplace (which covers the private sector and which requires employers to mention in their workplace regulations the protections available to victims of such behaviour, such as a policy statement against sexual harassment in the workplace, the appointment of a person or service of confidence able to respond to the needs of victims and the complaints procedure and applicable penalties); the work on a similar draft for the public sector; and the wide diffusion by the Women's Labour Committee Secretariat of brochures raising sensitivity to this issue in enterprises and its organization of seminars on this issue. The Committee would be grateful if the Government could inform it, in future reports, of the impact this new legislation and sensitization campaigns are having in the elimination of sexual harassment in employment, supplying if possible examples of how employers have complied with the requirements of the Royal Order of 7 October 1992. Please also inform the Committee of progress in the adoption of similar legislation for the public sector.

4. As regards the Government's actions to eliminate discriminatory clauses against women contained in certain collective agreements, the Committee notes with interest that, on 29 October 1991, the National Labour Council adopted an amendment (No. 38bis) to Collective Labour Agreement No. 38 of 6 December 1983 concerning the recruitment and selection of workers, prohibiting employers from discriminating between candidates on grounds of age, sex, marital status, medical history, race, colour, national or ethnic extraction or origin, political or philosophical beliefs and membership of trade unions or other organizations. The Committee requests the Government to provide information on the impact of this amendment, and to supply details on any cases where collective agreements are brought into conformity with the principle of equality and treatment laid down in the Convention.

5. The Committee notes the Government's statement that, following its denunciation of Convention No. 89 on night work for women, it is working with the social partners on amendments to its legislation. It requests the Government to continue to provide information on any action concerning protective measures for women.

6. The Committee also notes with interest the Government's measures taken to combat discrimination in employment based on race, colour and national extraction, including: the creation, by Royal Order of 15 February 1993, of a Centre for Equality of Opportunity and Struggle against Racism; the National Labour Council amendment (No. 9bis), of 29 October 1991, to Collective Labour Agreement No. 9 of 9 March 1972 coordinating national collective agreements concerning works councils, allowing workers' delegations to have access to information on staff structure, including nationality; the National Labour Council Opinion No. 1010 and Communication No. 6 also of 29 October 1991 concerning the problems of integration facing immigrants which recommends, inter alia, that employers respect equality of treatment when hiring workers of foreign extraction and recalls the prohibition contained in Collective Labour Agreement No. 38 of 6 December 1983 concerning the recruitment and selection of workers as amended by No. 38bis (referred to above). The Committee requests the Government to provide information on the activities undertaken by the new Centre and of the follow-up given to the proposals contained in Circular No. 6, in particular concerning any cases of discrimination in employment on the basis of race, colour or national extraction that may have been reported through the labour inspection services and the courts.