Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Czechia (Ratification: 1993)

1. Further to its observation, the Committee notes the Government’s statement that the adoption of a special Act on equal opportunities for men and women is under consideration. Hoping that the new Act will include provisions ensuring equal treatment between men and women in employment and occupation, including a provision prohibiting sexual harassment at the workplace, it requests the Government to keep it informed of any developments in this regard.

2. The Committee notes the Government’s statement that the observance of non-discrimination based on sex is an integral part of the inspection activities but that controls in this area are less frequent and that they have almost exclusively targeted discrimination in advertising. The Committee requests the Government to indicate the measures taken to enable the labour inspection services to adequately monitor, detect and address discrimination on the basis of sex in employment and occupation, including cases of sexual harassment.

3. The Committee understands from a preliminary examination of the Civil Service Act of 2002 that for those posts that require handling of confidential information, section 30(1) provides that a candidate cannot be nominated if reasonable doubt exists that the person will not be able to perform his or her services in compliance with the democratic principles of the Constitutional Order of the Czech Republic. While considering that the new provisions of the Civil Service Act, when read in conjunction with the anti-discrimination provision embedded in section 80(2) of the Act, are an improvement compared to the previous situation, the Committee would like to be reassured that the practical application of section 30(1) will not result in discrimination on the basis of political opinion. It also asks the Government to provide statistics on any unfavourable decisions taken on the basis of this provision and to indicate the procedure allowing candidates that have been excluded from the civil service posts on this basis to appeal to the courts and ask for review. Awaiting further translation of the Civil Service Act, the Committee will examine the conformity of the Act with the Convention at its next session.