Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Luxembourg (Ratification: 2001)

Article 1(1)(a) of the Convention. Sexual harassment and other forms of harassment. Violence at work. The Committee welcomes the provisions of the Act of 23 July 2015 introducing reforms to the arrangements for social dialogue within enterprises and which assign to gender equality delegates, or failing that, to staff representatives, a role in the prevention, protection and assistance within the enterprise in relation to sexual harassment. The Committee notes that, in the public sector, equality delegates, who numbered 120 in 2014, are the persons to contact in the event of harassment (Equality Plan for Women and Men 2015–18). According to the Government’s report, only three complaints for sexual harassment were filed with the Inspectorate of Labour and Mines (ITM) in 2015. In this regard, the Committee recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that it does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and the means of redress, or fear of reprisals (General Survey on the fundamental Conventions, 2012, paragraph 790). The Committee also notes that the Centre for Equality of Treatment (CET), in its 2016 annual report, continues to highlight the lack of capacity on the part of the ITM to penalize and prosecute, and again recommends that measures to prosecute and prevent sexual harassment should be reinforced. With regard to the agreement of 25 June 2009 concerning harassment and violence at work, concluded between the Luxembourg Confederation of Independent Trade Unions (OGB–L) and the Luxembourg Confederation of Christian Trade Unions (LCGB), on the one hand, and the Union of Enterprises of Luxembourg (UEL), on the other, the Committee notes the very general information provided by the Government on arrangements for enforcement of the agreement by the ITM. It observes that this information does not permit an evaluation of the scope of its application or its effectiveness in combating harassment and violence at work. The Committee once again asks the Government to implement specific measures, such as information campaigns on the provisions of the Act of 23 July 2015 and those of the collective agreement of 2009 and awareness campaigns on the issue of harassment and violence at work, to prevent and combat effectively these practices. The Committee also asks the Government to provide information on any measures adopted for preventing and resolving cases of harassment to promote the implementation of the Act of 2015 in enterprises and, on any evaluation of the application of the collective agreement of 2009 (which was due five years after it was signed). Further, the Committee asks that the Government provide information on the penalties applicable to the perpetrators of sexual harassment and other forms of harassment and violence at work.

Article 2. Equality of opportunity and treatment for women and men. The Committee notes the new Equality Plan for Women and Men 2015–18, which has been drawn up in light of the conclusions of the evaluation of the previous plan and priorities established by the Government in relation to gender equality, and the Municipal Action Plan for Equality for Women and Men 2015–18, adopted by the city of Luxembourg. The Committee also notes that, between January 2015 and June 2017, the total percentage of women members of executive boards increased from 21.75 per cent to 26.76 per cent (and from 27.18 per cent to 33.46 per cent for representatives of the State). A target of 40 per cent women in supervisory posts in the public sector has been fixed for 2019. The Committee asks the Government to provide detailed information on the steps taken, in the context of the Equality Plan 2015–18 and the Municipal Action Plan for Equality for Women and Men for the same period, to promote gender equality in employment and occupation. Recalling the importance of implementing measures to combat stereotypes and prejudices concerning women’s occupational aspirations and capabilities, to promote gender-balanced jobs, to diversify the availability of vocational training and to increase the participation of women at all levels of enterprises, the Committee asks the Government to provide information on all steps taken in this respect. It also asks the Government to supply information on the results achieved in relation to the employment of women in supervisory posts in the public sector.

Affirmative action in favour of gender equality. The Committee notes the Government’s indication that 20 public administrations and 10 local administrations have taken part in the Affirmative Action Programme since 2011 and that, according to the 2016 annual report of the Ministry for Equal Opportunities, 72 enterprises in various sectors have also participated. It also notes that each year an “affirmative action” label is awarded to enterprises which have fully implemented their affirmative action programmes and that all measures taken are documented and evaluated by the Ministry so that they can be applied to other enterprises. Welcoming this information, the Committee asks the Government to provide examples of measures which have had a real impact on gender equality in the public and private sectors and to continue providing information on the enterprises and administrations involved in the Affirmative Action Programme and on the results achieved.

Workers with family responsibilities. Noting that the Government’s report does not contain any information on this point, the Committee nevertheless observes that the Equality Plan for Women and Men 2015–18 provides for the adoption of awareness-raising measures to encourage more fathers to avail themselves of parental leave, the development and evaluation of a national programme aimed at encouraging enterprises to support any specific measures that promote the work-life balance and, if applicable, the harmonization of holidays for family reasons. The Committee asks the Government to provide information on the adoption and implementation of these measures and the results achieved.

Equality of opportunity and treatment without distinction on the basis of race, colour or national extraction. The Committee notes the Government’s indication that in 2012 it launched the “Diversity Charter” based on the recognition and valuation of individual skills and aimed at promoting equal opportunities and diversity in organizations. It notes that in 2016 the Charter covered 170 organizations representing 15 per cent of the active population, mainly in the private sector. The Government also refers to the “welcome and integration contract” available to foreigners who have long-term established status in the country. The Committee notes that, despite its previous request, the Government’s report does not contain any information on implementation of the measures laid down in the Multi-Annual National Action Plan for Integration and to Combat Discrimination (2010–14) or on the results achieved. It also notes that in its report on Luxembourg the European Commission against Racism and Intolerance (ECRI) recommends that the authorities should quickly adopt a new national integration action plan, allocate an appropriate budget to it, and provide for an annual evaluation of each goal and measure. The ECRI also recommends the authorities to take the necessary steps to ensure that children with migration backgrounds are able to acquire the language level required for lasting success at school, and to adopt affirmative measures to facilitate access to the job market for persons with migration backgrounds with a low level of education (CRI(2017)4, adopted on 6 December 2016 and published on 28 February 2017, paragraphs 66, 68, 74 and 80). Referring to its observation and recalling that colour and national extraction are not included in the grounds of discrimination prohibited by the Labour Code, the Committee once again asks the Government to provide detailed information on the steps taken to effectively combat discrimination based on race, colour or national extraction and to ensure effective equality of opportunity and treatment in access to education, occupational training and employment for persons with migration backgrounds, particularly persons originating from non-European Union countries. The Committee also asks the Government to provide information on any new national integration plan and more specifically on any measures to promote equal treatment in enterprises in the context of the Diversity Charter or in any other manner, and on the results achieved.

Article 3(a). Collective agreements. Collaboration with the social partners. The Committee recalls that, under section L.162-12-4(4) of the Labour Code, collective agreements must contain provisions reflecting the result of collective bargaining on the application of the principle of gender equality in workplaces or enterprises to which these agreements are applicable. The Committee notes the Government’s information concerning the number of new collective agreements registered with the ITM in 2013, 2014 and 2015 and observes that not all of them contain equality measures. The Committee asks the Government to take steps 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, including through awareness campaigns, and to continue providing information on collective agreements concluded under section L.162-12-4(4) of the Labour Code.

Specialized equality body. The Committee notes that the Government’s report does not contain any information on the activities of the CET. It observes that the CET, according to its 2016 report, continues to analyse job vacancies and identified 120 vacancies which were discriminatory, 90.9 per cent of them on the basis of sex, 5.8 per cent on the basis of age, and 3.3 per cent on both grounds. The Committee also notes that the CET has formulated a number of recommendations, including that its opinion on draft legislation should be requested and that its powers of investigation should be strengthened. In this regard, the Committee notes that the ECRI emphasizes in its report that the competence of the CET is limited to providing advice and guidance for victims of discrimination; it does not have the power to deal with complaints or institute court proceedings and does not have adequate powers to gather information and evidence (CRI(2017)4, paragraphs 20, 23 and 24). The Committee asks the Government to provide information on any steps taken to strengthen the role of the CET in combating discrimination on the grounds listed in the Convention, particularly in relation to dealing with complaints and conducting investigations.

Enforcement. In view of the lack of information on this point in the Government’s report, the Committee once again asks the Government to provide information on the activities of the ITM in relation to enforcing the legislation to combat discrimination in employment and occupation, and raising awareness among workers, employers and their organizations on the issues of discrimination and equality. The Committee also asks the Government to forward any judicial or administrative decisions and extracts from labour inspection reports relating to discrimination and equality.